liquid, or the solid forms. Further, this special provision details the
appropriate primary and subsidiary hazard classes to be assigned to
chemical under pressure. Special provision 362 is assigned to the
following HMT entries: UN3500, Chemical under pressure, n.o.s.; UN3501,
Chemical under pressure, flammable, n.o.s.; UN3503, Chemical under
pressure, corrosive, n.o.s.; UN3502, Chemical under pressure, toxic
n.o.s.; UN3504, Chemical under pressure, flammable, toxic, n.o.s.; and
UN3505, Chemical under pressure, flammable, corrosive, n.o.s.
Special Provision 365
    With the adoption of a new HMT entry ``UN3506 Mercury contained in
manufactured articles'' in the 17th Revised Edition of the UN Model
Regulations to address manufactured articles containing mercury, PHMSA
is adding new special provision 365 stating that manufactured
instruments and articles containing mercury should reference UN3506.
This special provision is applied to UN2809 Mercury.
Special Provision A51
    PHMSA is adding a new special provision A51 to authorize the
transport by passenger aircraft of wet cell aircraft batteries with a
mass up to 100 kg net and lithium ion aircraft batteries in packages
containing a single aircraft battery with a net mass not exceeding 35
kg. The August 15, 2012 NPRM proposed to authorize the transport of
aircraft batteries into Part 175 that provides exceptions from certain
regulations for air carrier operator equipment and items of
replacement, as well as for items used to provide customer service
aboard an aircraft. PRBA and Saft noted the NPRM proposed to authorize
the transport of aircraft batteries in a way that is not fully
consistent with the 2013-2014 ICAO Technical Instructions, which do not
limit the use of this exception to a particular aircraft operator's
aircraft batteries. PRBA notes that such an action would frustrate the
intent of Congress when it passed the FAA Modernization and Reform Act
of 2012. In this final rule we are incorporating this authorization
into a special provision consistent with the 2013-2014 ICAO Technical
Instructions.
Special Provision A60
    Special Provision A60 permits UN2014, Hydrogen peroxide, aqueous
solution, to be transported in excepted quantities provided a
comparative fire test between packages containing the solution and
identical packages containing water demonstrated no difference in the
burning rate. The likelihood of finding discernible differences with
more accurate test equipment used today is much greater than it would
have been with equipment used when the test requirements were first
developed. This more sensitive equipment often detects negligible
differences between the two test subjects and, therefore, precludes
transport of these small devices under the special provision. To
address the issue, the ICAO Dangerous Goods Panel

(DGP) adopted a proposal to allow small differences in burning rates.
    In this final rule we are harmonizing with the ICAO Technical
Instructions with regard to the comparative fire test for Hydrogen
peroxide, aqueous solution. Special provision A60 is revised
accordingly.
Special Provision A100
    Special Provision A100 states that primary (non-rechargeable)
lithium batteries and cells are forbidden for transport aboard
passenger-carrying aircraft and secondary (rechargeable) lithium
batteries and cells are authorized aboard passenger-carrying aircraft
in packages that do not exceed a gross weight of 5 kg.
    Special provision A100 is revised to clarify the weight limitations
for secondary lithium batteries are net and not gross quantities. There
are some combinations of authorized battery packagings that contribute
significantly towards the gross weight of the finished package. The
intent of this change is to indicate that the quantity limits for
secondary lithium battery shipments aboard passenger-carrying aircraft
are to be based on the actual weight of the batteries in each
individual package and not the weight of the completed package.
Special Provision A103
    Special Provision A103 specifies that lithium batteries contained
in equipment is authorized aboard passenger carrying aircraft if the
gross weight of the inner package of secondary lithium batteries or
cells packed with the equipment does not exceed 5 kg (11 pounds).
    Special provision A103 is revised to clarify the weight limitations
are net and not gross quantities. There are some combinations of
authorized battery packagings that contribute significantly towards the
gross weight of the finished package. The intent of this change is to
indicate that the quantity limits for secondary lithium battery
shipments aboard passenger carry aircraft are to be based on the actual
weight of the batteries in each individual package and not the weight
of the completed package.
Special Provision A189
    We are adding a new special provision, A189, which is assigned to
the HMT entry ``UN2209, Formaldehyde solutions, with not less than 25
percent formaldehyde'' indicating how Formaldehyde solutions with more
than 25% are to be classified. It was suggested at the ICAO DGP that
the entry for ``UN2209, Formaldehyde solution with not less than 25%
formaldehyde'' implied that concentrations of less than 25%
formaldehyde were not regulated. To clarify these requirements, the
ICAO adopted a new special provision detailing how differing percentage
of formaldehyde solutions are regulated.
    We are adding language detailing how differing percentages of
Formaldehyde solutions are to be regulated in the new special provision
A189. This special provision is applied to UN3334, Aviation regulated
liquid, n.o.s. and NA3082, Other regulated substances, liquid, n.o.s.
Special Provision A191
    In the NPRM, PHMSA proposed a new special provision, A192, noting
that regardless of the Division 6.1 (toxic) subsidiary indicated in the
HMT, the poison subsidiary hazard label and an indication of this
subsidiary hazard on the shipping paper are not required for
manufactured articles containing less than 0.45 kg (1 pound) of
mercury. This provision aligns with the decision of the UN Sub-
Committee to ensure that transport of such articles, particularly by
air, is not impeded due to mercury's revised classification.
    PHMSA received one comment from UPS noting that this special
provision was assigned A191 by ICAO and not A192 as assigned by PHMSA.
UPS also noted that ICAO provided an exception from display of the
subsidiary ``Toxic'' label and the identification of subsidiary risk
for up to 5 kg (11 pounds) of mercury, PHMSA proposed an exception for
no more than 0.454 kg (1 LB). UPS sees no reason for this lack of
alignment, but foresees unnecessary challenges arising from such
inconsistency. Therefore, UPS urges PHMSA to align directly with the 5
kg limit in the ICAO text. PHMSA is assigning special provision A191 to
this entry for continuity with the international regulations. PHMSA
agrees with UPS regarding the amount of mercury that may be present in
manufactured articles to utilize the exception from communicating the
subsidiary hazard, and is changing that amount to 5 kg (11 pounds).
Special Provision A200
    As previously discussed, new special provision, A200, is added
stating the entries assigned this special provision must be transported
as cargo when transported by aircraft and cannot be carried onboard an
aircraft by passengers or crewmembers either in or as carry-on baggage,
checked baggage, or on their person unless specifically excepted by
Sec.  175.10, ``Exceptions for Passengers, Crewmembers, and Air
Operators.'' This special provision is assigned to articles and will be
applied to: UN3166, Engines, internal combustion or Engines, fuel cell,
flammable gas powered; UN3166, Engines, internal combustion, or
Engines, fuel cell, flammable liquid powered; UN3166, Vehicle,
flammable gas powered or Vehicle, fuel cell, flammable gas powered;
UN3166, Vehicle, flammable liquid powered or Vehicle, fuel cell,
flammable liquid powered; UN0503, Air bag inflators, or Air bag
modules, or Seat-belt pretensioners; and, UN3268, Air bag inflators, or
Air bag modules, or Seat-belt pretensioners.
Special Provision B120
    Special provision B120 is added to specify the use of FBCs
conforming to the requirements in Subpart R and Subpart S of part 178
of this subchapter are permitted. The special provision is applicable
to the following entries:

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

Sodium perborate monohydrate...............  UN3377
Sulfur (domestic and international entries)  UN1350
------------------------------------------------------------------------

    FBCs must conform to the performance-oriented construction
standards and testing criteria in new subparts R and S of part 178. In
addition, shipments of FBCs must be prepared and otherwise conform to
the general requirements for bulk packages in subpart B of part 173 and
the new Sec.  173.37.
IBC Codes
    In a final rule published in the Federal Register on January 19,
2011 (76 FR 3308; HM-215K), the Table 1 (IBC Codes) in paragraph (c)(4)
were editorially revised to remove UN Specifications 31A, 31B and 31N
from IBC Codes IB4 through IB8. The revision was consistent with
amendments to international standards that removed the specifications
from the indicated codes in the table because IBC Codes IB4 through IB8
are assigned to solids, whereas, UN Specifications 31A, 31B, and 31N
are authorized for transportation of liquids in IBC Codes IB1 through
IB3 and are assigned to liquid materials only. In the January 19, 2011
final rule, PHMSA inadvertently failed to also remove the remaining
liquid IBC specifications (31H1, 31H2, 31HZ1, and 31HZ2) from IB Codes
IB4 through IB8. Therefore, PHMSA is editorially correcting the IBC
Code Table in Sec.  172.102(c)(4).
Special Provision TP39
    Special provision, TP39, is added and assigned to HMT entry
``UN2381, Dimethyl disulfide.'' This special provision indicates that
portable tank instruction T4 may continue to be applied until December
31, 2018. This provides more time for portable tank transporters to
transition their current fleets.
Special Provision TP40
    Special provision TP40 is added and assigned to HMT entries
``UN3500, Chemical under pressure, n.o.s.; UN3501, Chemical under
pressure, flammable, n.o.s.; UN3503, Chemical under pressure,
corrosive, n.o.s., UN3503; UN3502, Chemical under pressure, toxic
n.o.s.; UN3504, Chemical under pressure, flammable, toxic, n.o.s.; and
UN3505, Chemical under pressure, flammable, corrosive, n.o.s.'' The
special provision indicates that the portable tanks must not be
transported when connected with spray application equipment. This
provides an additional measure preventing inadvertent release of
hazardous materials in transport.
Special Provision TP41
    Special provision TP41 is added and assigned to HMT entries
``UN3148, Water-reactive liquid, n.o.s.,'' indicating that the portable
tank instruction T9 may continue to be applied until December 31, 2018.
Special Provision T50
    Special provision T50 is revised to note that this provision is
applicable to chemicals under pressure as well as liquefied compressed
gases. Special provision T50 would be assigned to HMT entries ``UN3500,
Chemical under pressure, n.o.s.; UN3501, Chemical under pressure,
flammable, n.o.s.; UN3503, Chemical under pressure, corrosive, n.o.s.,
UN3503; UN3502, Chemical under pressure, toxic n.o.s.; UN3504, Chemical
under pressure, flammable, toxic, n.o.s.; and UN3505, Chemical under
pressure, flammable, corrosive, n.o.s.''
Special Provision W10
    Special provision W10 is added and assigned to HMT entries ``UN3486
Calcium hypochlorite mixture, dry, corrosive with more than 10% but not
more than 39% available chlorine'' and to ``UN2208 Calcium hypochlorite
mixtures, dry, with more than 10 percent but not more than 39 percent
available chlorine'' indicating that when offered for transportation by
vessel, the use of large packagings is prohibited. This provision is
adopted to align with a recent IMO change forbidding these commodities
from being transported by vessel in large packages.
    PHMSA received two comments (DGAC & IVODGA) on our proposal to
adopt new special provision W10. IVODGA supported placing W10 in column
7 of the HMT in order for the UN2208 & UN3486 entries to harmonize with
the IMDG Code. DGAC recommended against placing W10 in column 7 of the
HMT for the UN2208 & UN3486 entries. DGAC also requested that PHMSA
elaborate as to why this change is needed on a safety basis. The IMO
Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC) at
their 14th session; decided not to assign LP02 to UN3486 to be
consistent with the assignment of packing authorizations for UN2208, a
material exhibiting similar characteristics. To remain harmonized with
the IMDG Code PHMSA will be adopting W10 as proposed in the August 15,
2012 NPRM.
Section 172.202
    Section 172.202 establishes requirements for shipping descriptions
on shipping papers. As part of these shipping paper requirements, in
many situations a net or gross quantity of the hazardous materials
transported must be included. At the 23rd meeting of the ICAO DGP, the
issue of notation of quantities on shipping documents was raised.
Specifically, it was noted that some confusion exists as to whether or
not the net quantity or a gross mass is required on the shipping
documents on particular shipments, such as limited quantities. At this
meeting an amendment to the ICAO Technical Instructions was adopted to
clarify what quantities (i.e. net or gross quantity) were required on
the transport document for packages containing limited quantities when
different hazardous materials are packed together in the same outer
packaging.
    PHMSA is adopting a similar provision to the one addressed by the
ICAO DGP discussed above. Specifically, PHMSA is adding a new paragraph
(a)(6)(vii) stating that for shipments containing hazardous materials
in limited quantities with a ``30 kg gross'' limit in Column (9A) or
(9B) of the Sec.  172.101 Hazardous Materials Table and different
hazardous materials packed together in the same outer packaging, the
net quantity of each hazardous material followed by the gross mass of
the completed package must be shown on the shipping paper.
    This clarification addresses a transport scenario currently not
addressed in the HMR thus alleviating confusion regarding the shipping
paper requirements of such shipments. Furthermore, this harmonizes the
HMR with the ICAO Technical Instructions and avoids shipping paper
discrepancies for international shipments.
Section 172.203
    This section details additional description requirements that are
required for certain shipments of hazardous materials. PHMSA is
amending paragraph (i)(3) to cross reference the IBR Sec.  171.7.

Section 172.301
    This section details the general marking requirements for non-bulk
packagings. Specifically, this section states what information (proper
shipping name and identification number, technical names, consignee's
or consignor's name, etc.) must be displayed on the outside of non-bulk
packages. While the HMR requires that an identification number,
preceded by ``UN'' or ``NA'' as appropriate, be marked on the outside
of a non-bulk packaging a specific size of this marking is not
specified.
    In this final rule, PHMSA is adding specific size requirements for
the ``UN'' or ``NA'' markings. These markings must be marked in
characters at least 12 mm (0.47 inches) high, however, packages with a
maximum capacity of 30 liters (7.92 gallons) ,30 kg (66 pounds), or
cylinders with a maximum water capacity of 60 liters (16 gallons) must
be marked with characters at least 6 mm (0.2 inches) high and packages
having a maximum capacity 5 liters (1.32 gallons) or 5 kg (11 pounds)
or less must be marked in a size appropriate for the size of the
package.
    PHMSA is adopting this minimum size marking for the ``UN'' or
``NA'' markings to align with newly adopted requirements in the 17th
Revised Edition of the UN Model Regulations. PHMSA recognizes the
importance of establishing a minimum size requirement for the
internationally recognized ``UN'' identification number marking system.
Without a minimum size requirement for hazard communication, shippers
may mark packages in a format that makes it difficult for first
responders to identify the commodity associated with a particular
package.
    In response to the NPRM, PHMSA received several comments concerning
this proposed requirement. DGAC and Dow suggested extending the
compliance date for this provision to January 1, 2017 to allow
companies time to make the transition, and for the depletion of both
finished product and prepackaged inventory that do not meet the
requirements of the proposal.
    Veolia noted that their company's propriety software produces
markings that would not be in compliance with the proposed size
limitations and that they would incur a cost to reprogram their system
if the proposal is maintained. They further contended that in 20 years
of displaying the marking they are unaware of any instances of the
markings being questioned as being too small or illegible. Veolia
requested that the minimum size requirement apply to international
shipments only.
    Stericycle and the HWI requested an exception to this marking
requirement for dedicated carriers of regulated medical waste. These
commenters stated that the proposed change would impose a significant
cost on the industry. They requested an exception for the continued use
of existing containers used to transport regulated medical waste and
permanently marked with the applicable ``UN'' number.
    PHMSA accepts that many packages are currently marked in a manner
that may not in all cases meet the new minimum size standards. In
response to the comments raised to the NPRM we will provide, for
domestic transportation, a transition period to continue using non-bulk
packagings displaying ``UN'' or ``NA'' number markings in accordance
with the requirements in effect on October 1, 2011 (i.e., no minimum
size), until January 1, 2017.
    PHMSA maintains that there is benefit to harmonization in this
case, and having a single standard outweighs the cost incurred by a
company to revise its software and systems to produce compliant
markings. The transition period for the continued use of the current
markings in domestic transportation provides an opportunity for
companies to revise their marking systems and maintain compliance.
PHMSA is sympathetic to the assertion that the containers used to
transport regulated medical waste are often permanently stamped with
the ``UN'' number and the containers often have very long useful lives.
Therefore PHMSA is also including an exception that allows packages
that are permanently marked with the UN number (e.g., by embossing or
through a heat stamp process) and are manufactured prior to January 1,
2017 to continue in service for the life of the container.
    DGAC noted that while an inch conversion was provided in the
preamble there is no inch conversion noted in the regulations text.
This was an oversight and has been corrected in this final rule.
    COSTHA questioned if the minimum size of the ``UN'' number markings
should be dictated by the maximum capacity of the outer package or the
inner packagings. COSTHA proposed an example package consisting of 2
inner packagings of 4 L each. Maximum capacity is defined in Sec.
171.8 as ``the maximum inner volume of receptacles or packagings.'' A
package containing 2 inner packagings with a maximum capacity of 4 L
each would have a maximum capacity of 8 L, and thus would require a 6
mm minimum UN number marking.
    It was also noted that the UNSCOE, at its 39th session, provided an
exception from minimum marking size requirements for cylinders of 60
liters water capacity or less. PHMSA agrees that cylinder markings have
historically been allowed provisions that would allow for smaller UN
number markings than other non-bulk packages and is providing an
exception for cylinders of 60 liters water capacity or less consistent
with the recent UNSCOE exception.
    Therefore, with the aforementioned transition period, exceptions,
and note, PHMSA is specifying a marking size consistent with package
marking sizes adopted in the 17th Revised Edition of the UN Model
Regulations.
Section 172.312
    Section 172.312 details the specific marking requirements for
liquid hazardous materials in non-bulk packagings. Paragraph (a) of
this section describes scenarios when package orientation arrows must
be displayed on the outside of a package. Provided certain criteria are
met, paragraph (c) excepts certain shipments from the requirements of
paragraph (a) and thus, the requirement to display the package
orientation arrows on the package. Currently Sec.  173.312(c)(3) states
that when offered or intended for transportation by aircraft, packages
containing flammable liquids in inner packagings of 120 mL (4 fluid
oz.) or less prepared in accordance with Sec.  173.150(b) or (c) of
this subchapter when packed with sufficient absorption material between
the inner and outer packagings to completely absorb the liquid contents
are not required to display the package orientation arrows on the
outside of the package. The ICAO TI have been amended to extend this
exception to the package orientation markings to all liquid hazardous
materials in inner packagings of 120 mL (4 fluid oz.) when packed with
sufficient absorption material between the inner and outer packagings
to completely absorb the liquid contents. PHMSA is adopting this
change, consistent with the amendment made to the ICAO TI to extend the
exception for the display of the package orientation arrows to all
liquid hazardous materials in inner packagings of 120 mL (4 fluid oz.)
when packed with sufficient absorption material between the inner and
outer packagings to completely absorb the liquid contents.

Section 172.407
    This section provides label specifications. PHMSA is amending
paragraph (f) to include a cross reference to the IBR Sec.  171.7.
Section 172.604
    Section 172.604 prescribes emergency response telephone number
requirements. Paragraph (d) of this section provides a listing of
materials that are excepted from the requirement to provide an
emergency response telephone number on a shipping document.
    PHMSA is adding ``Krill Meal, PGIII'' to the list of materials
excepted from the emergency response telephone number requirements.
Krill meal poses similar hazards to fish scrap and meal; therefore, we
are providing Krill meal with the same exception from the emergency
response telephone number requirements as fish scrap and meal.

Part 173

    Part 173 of the HMR describes the general requirements for
shipments and packagings of hazardous materials. Consistent with
amendments adopted by the UN Model Regulations, PHMSA is adopting
changes throughout the Part 173 packaging requirements to authorize
more flexibility when choosing packages for hazardous materials.
Specifically PHMSA is authorizing the use of the following packaging
types and materials:
    The specific packaging requirements for Class 1 explosive materials
are specified in Sec.  173.62. In this final rule PHMSA is revising
Sec.  173.62 to authorize wood as an appropriate material used to
construct receptacles, inner and outer intermediate packagings, and
intermediate packagings/dividing partitions for certain explosives.
Furthermore, PHMSA is authorizing the use of metals other than steel or
aluminum in specification packagings, specifically drums (1N1 or 1N2)
and boxes (4N), as appropriate. This authorization does not include
chlorosilanes under Sec.  173.206 because of corrosion concerns.
Otherwise, it authorizes the use of closed head drums where open head
drums are generally permitted. PHMSA believes these amendments provide
greater flexibility in packaging while maintaining an equivalent level
of safety.
    Consistent with amendments adopted by the ICAO Technical
Instructions, PHMSA is adopting changes in various sections on Part 173
where certain articles, items, and materials are excepted from the
requirements of the subchapter. There is a potential for these excepted
articles, items, and materials to be inappropriately carried aboard an
aircraft by passengers or crewmembers. The changes will address this
concern by clarifying that certain excepted articles, items and
materials, identified by ICAO as posing a safety risk, must be
transported as cargo and cannot be carried onboard an aircraft by
passengers or crewmembers as carry-on baggage, checked baggage, or on
their person unless specifically excepted by Sec.  175.10, ``Exceptions
for Passengers, Crewmembers, and Air Operators.'' The amended sections
include Sec. Sec.  173.159a, 173.162, 173.164, 173.175, 173.219, and
173.306. For UN3166 and UN3268, Special Provision A200 is created to
communicate this requirement and a reference to special provision A200
is placed in column 7 of the HMT for these entries. In response to the
NPRM, COSTHA and Mercotac, suggested changes to regulatory text
language to eliminate confusion that these items may only be able to be
transported as cargo. PHMSA has revised the language in Sec. Sec.
173.159a, 173.162, 173.175, 173.219, and 173.306 to be consistent with
the language in special provision A200 that these excepted articles,
items and materials must be transported as cargo and cannot be carried
onboard an aircraft by passengers or crewmembers as carry-on baggage,
checked baggage, or on their person unless specifically excepted by
Sec.  175.10.
    PHMSA received one comment from the FCHEA requesting that we amend
Sec.  175.10(a)(19) to allow fuel cell cartridges containing flammable
gas in division 2.1 and fuel cells containing water reactive materials
in division 4.3 in checked passenger baggage. PHMSA did not propose
changes to the provisions allowing for the checking limited types of
fuel cells in the NPRM, and consider this request to be outside the
scope of this rulemaking.
Section 173.4b
    This section specifies exceptions for materials packaged in de
minimus quantities. In the NPRM, PHMSA proposed and is subsequently
adopting in this final rule, an exception in Sec.  175.10(a)(22) to
permit non-infectious specimens packaged in accordance with Sec.
173.4b(b) to be carried aboard an aircraft by passengers and
crewmembers in checked or carry-on baggage or on their person. In the
NPRM we inadvertently neglected to revise the language in Sec.
173.4b(b)(8) to recognize this exception. In this final rule, PHMSA is
revising Sec.  173.4b(b)(8) to reference the adopted exception in Sec.
175.10(a)(22).
Section 173.12
    This section specifies the exceptions for shipment of waste
materials including the requirements for waste packages known as ``lab
packs.'' A lab pack, although not specifically defined in Sec.  171.8,
is considered a large outer packaging containing small inner packagings
that are filled with various compatible laboratory hazardous wastes.
Paragraph (b) of this section specifies the authorized inner and outer
packagings for lab packs.
    In this final rule, PHMSA is revising paragraph (b)(2)(ii)(a) of
this section by adding 1N2 metal drums to the permitted outer
packagings currently authorized for a lab pack.
Section 173.21
    Section 173.21 prescribes materials and packages forbidden for
transport. In this final rule, PHMSA is correcting the IMDG Code
section reference to control temperature requirements in Sec.
173.21(f)(3)(ii) from 7.7 to 7.3.7.
Section 173.37
    Currently, the HMR does not include a section that prescribes
general requirements for packaging hazardous materials in Flexible Bulk
Containers (FBCs). In this final rule, PHMSA is adding such
requirements in new Sec.  173.37 in a similar format to the general
requirements for other bulk and large packagings (e.g., portable tanks,
IBCs, etc.) in subpart B of part 173. This section includes, but is not
be limited to, requirements addressing the initial use and reuse of
FBCs, capacity requirements and general transport conditions.
Consistent with the use and reuse requirements of other large and bulk
packagings, the general requirements in part 173 complement the
construction and manufacture specifications for such bulk packagings in
part 178 of the HMR.
    PHMSA is authorizing the reuse of FBCs. The FBC must be given a
visual examination prior to reuse. Furthermore, the general
requirements for FBCs specify that FBCs must be transported in a
conveyance with rigid sides and ends that extend at least two-thirds
the height of the FBC, must not be offered for transportation in
freight containers, and may not exceed 15 cubic meters in capacity.
Section 173.50
    Section 173.50 provides definitions for the various divisions of
Class 1 (explosives) referenced in Subpart C of Part 173. Paragraph (b)
of this section notes that Class 1 (explosives) are divided into six
divisions. Division 1.6 is described as an explosive consisting

``of extremely insensitive articles that do not have a mass explosive
hazard. This division is comprised of articles that contain only
extremely insensitive detonating substances and that demonstrate a
negligible probability of accidental initiation or propagation.''
    In this final rule, PHMSA is removing the word ``detonating'' from
this definition to align with the revised definition provided in the
17th Revised Edition of the UN Model Regulations.
Section 173.56
    Section 173.56 prescribes the definition of new explosives and
provides explosive (Class 1) classification and approval requirements.
Paragraph (h) of Sec.  173.56 states that small arms ammunition, within
certain parameters is not subject to the approval requirements of the
rest of Sec.  173.56.
    PHMSA received a comment from SAAMI requesting that PHMSA amend
Sec.  173.56 to except Cases, cartridge, empty with primer and
Cartridges for tools, blank from the approval requirements of Sec.
173.56. SAAMI noted that for Cartridges for tools, blank the switch
from UN 0323 to UN 0014 could necessitate new EX approvals for products
which are essentially identical to those already exempted. SAAMI noted
that Cases, cartridge, empty with primer refers to small arms
cartridges with no bullet or propellant but with a primer, just an
empty primed case. SAAMI stated that Cases, cartridge, empty with
primer of 50 caliber or less clearly meet the intent and equivalent
level of safety to products already referenced in 173.56(h).
    PHMSA is amending Sec.  173.56(h) to ensure Cartridges for tools,
blank that meet the conditions of that paragraph are excepted from the
requirements of the rest of this section. PHMSA believes this to be a
natural extension of the intent of the exception in Sec.  173.56(h) as
well as a necessary domestic change that is a direct result of
international rulemaking.
    PHMSA will not be adding Cases, cartridge, empty with primer to
Sec.  173.56(h). PHMSA believes Cases, cartridge, empty with primer to
be materially different from those articles currently authorized for
the exception in Sec.  173.56(h). The proposed addition of Cases,
cartridge, empty with primer to Sec.  173.56(h) is also not a direct
result of international rulemaking and this rulemaking vehicle is not
suited for such a proposal.
Section 173.59
    Section 173.59 provides definitions of explosive terms related to
the transport and classification of explosives used throughout subpart
C of part 173. These definitions are intended for information only and
are not to be used for purposes of classification or to replace proper
shipping names prescribed in Sec.  172.101. In the UN Model
Regulations, Appendix B to Chapter 3 contains a similar list of
explosive definitions which are also intended for information only and
are not to be used for purposes of hazard classification.
    In April 2010, the United States and the United Kingdom submitted a
formal document regarding proposed modifications to the UN test series
7 for consideration by the UN Subcommittee of Experts on the Transport
of Dangerous Goods. Test series 7 is used to classify explosives into
the appropriate class.\1\ This paper sought to modify the test series 7
to more accurately address the classification of Division 1.6.
Specifically, Division 1.6 is for extremely insensitive detonating
articles and the proposed changes in the US/UK paper are designed to
ensure that the probability of accidental initiation or propagation of
an article attaining this division remains negligible.
---------------------------------------------------------------------------

    \1\ The scientific data regarding the adoption of these
modifications are presented in working paper ST/SG/AC.10/C.3/2010/40
entitled ``Proposed modifications to Test Series 7.'' This paper can
be viewed at the following URL: http://www.unece.org/fileadmin/DAM/trans/doc/2010/ac10c3/ST-SG-AC10-C3-2010-40e.pdf.
---------------------------------------------------------------------------

    In the 17th Revised Edition of the UN Model Regulations, the
proposals presented in the US/UK paper regarding the UN test series 7
were adopted. Among the adopted proposals was the addition of various
explosive specific definitions referencing the modifications to the UN
test series 7. In this final rule, we are revising the various
definitions prescribed in Sec.  173.59. Specifically, we revised the
definition for ``Articles, explosive, extremely insensitive (Articles,
EEI)'' by removing the word ``detonating'' and adding the words
``tools'' after ``starter pistols'' in the definition for ``Cartridges,
blank.'' We also replaced the definition for ``Explosive, extremely
insensitive detonating substances (EIDS)'' with a new definition for
``Explosive, extremely insensitive substances (EIS).'' Lastly, we added
a definition for ``Auxiliary explosive component, isolated.'' The
addition of and revisions to these definitions provide consistency with
international regulations and clarity when utilizing the UN test series
7 for explosive classification.
    PHMSA received one comment form SAAMI that requested we revise the
proposed definition of Cartridges, blank. The definition proposed by
SAAMI was ``Cartridges, blank. Articles that consist of a cartridge
case with a center or rim fire primer, with or without a confined
charge of smokeless or black powder, but with no projectile. Used in
training, saluting, or in starter pistols, tools, etc.'' SAAMI's
proposal would remove the requirement for Cartridges, blank to contain
a confined charge of smokeless powder. This SAAMI proposed definition
is not consistent with the UN adopted definition for Cartridges, blank.
Additionally adopting the definition proposed by SAAMI may conflict
with the standing definition for Cases, cartridge empty with, primer.
For the aforementioned reasons, PHMSA is adopting the definition as
proposed in the August 15, 2012 NPRM.
Section 173.62
    Section 173.62 prescribes the specific packaging requirements for
explosives. These packaging requirements stipulate the permitted inner,
intermediate, and outer packagings as well as any specific additional
packaging information. These packaging requirements are generally
aligned with the requirements stipulated in the UN Model Regulations.
    In this final rule, PHMSA is revising various packaging provisions
in the ``Table of Packing Methods'' in this section to align with
changes adopted in the 17th Revised Edition of the UN Model
Regulations. The revisions to the authorized packaging methods provide
greater flexibility when packaging explosives while retaining an
appropriate level of safety. These changes include, but are not limited
to, permitting various explosives to be transported in closed head
drums in addition to the already permitted removable head drums and
adding the option to utilize wooden inner and intermediate packagings
in various packaging provisions.
Section 173.63
    Section 173.63 provides packaging exceptions for specific types of
low hazard explosive materials including certain detonators, small arms
ammunition and detonating cord. PHMSA received one comment from SAAMI
requesting that PHMSA clarify its intent to allow these articles to
display either the ground limited quantity mark or the air limited
quantity mark regardless of the mode of transport.
    In this final rule PHMSA is clarifying the language in Sec.
173.63(b)(2) to clearly state that a limited quantity of 1.4S material
may be marked with either the surface or the air limited quantity

marking regardless of mode of transport. However, PHMSA also notes that
in October of 2012 the ICAO Dangerous Goods Panel Working Group of the
Whole (DGP-WG/12) considered, but did not adopt, a proposal to
authorize limited quantities of certain 1.4S articles. DGP-WG/12 did
note that packages bearing the limited quantity marking of other modes
could still be accepted for air transport provided all additional
requirements of the ICAO Technical Instructions were met. As a result
of the DGP-WG/12 decision PHMSA and FAA believe retaining the option to
display the air limited quantity marking by all modes may result in
confusion and potentially frustrate shipments of packages that display
the air limited quantity marking in air transit.
    As a result of the recent DGP-WG/12 decision PHMSA and FAA plan to
consider removing the authorization to display the air limited quantity
marking for limited quantity materials packaged in accordance with
Sec.  173.63(b)(2) in a future rulemaking, as such a change was not
proposed in the NPRM to this final rule.
    PHMSA received one comment from SAAMI requesting that the recent UN
assignment of limited quantity packaging authorizations to Cases,
cartridges, empty with primer (UN0055) be extended to this commodity in
the HMR. PHMSA agrees and has made the relevant text changes to Sec.
173.63. SAAMI also commented that the ORM-D entries removed from the
table should be left until the expiration of the transitional period
for their use. PHMSA agrees and has inserted those proper shipping
names back into Sec.  173.63.
Section 173.115
    Section 173.115 prescribes the definitions for Class 2 materials.
Paragraph (k) of this section specifies how the oxidizing ability of
certain Division 2.2 gases is determined. Currently, the HMR references
ISO standards that include test and calculations used to determine the
oxidizing ability of certain Division 2.2 gases. The UN Model
Regulations and the ICAO Technical Instructions replace references to
ISO standards 10156:1996 and 10156-2:2005 with the updated version ISO
10156:2010.
    Based on its technical review, PHMSA believes the updated standard
provides an adequate level of safety and is referencing the standard in
this section and adding it to the list of IBR materials in Sec.  171.7.
Section 173.121
    Section 173.121 prescribes the requirements for selection of
packing groups for Class 3 flammable liquids. Paragraph (b) of this
section describes the criteria for inclusion of viscous Class 3
materials in Packing Group III.
    ICAO adopted requirements in the Technical Instructions that
increased the quantity of viscous Class 3 flammable liquids permitted
reclassification from Packing Group II to Packing Group III from 30 L
(7.9 gal) per package to 100 L (26.42 gal) per package when offered for
transport by cargo aircraft.
    In this final rule, PHMSA is expanding the per package amounts of
viscous Class 3 material meeting the requirements in Sec.  173.121(b).
The increase will facilitate multi-modal transportation by permitting
shipments offered by highway, rail, and cargo-carrying aircraft to
utilize the same 100 L criteria.
Section 173.134
    Provisions contained in the UN Model Regulations, Chapter 2.6,
Class 6--Toxic and Infectious Substances, relating to the
transportation of medical devices and equipment, have been amended to
except medical equipment which has been drained of free liquid from the
requirements of the UN Model Regulations. In addition, except for
medical devices or equipment being transported for disposal, or medical
devices or equipment contaminated with or suspected of contamination
with a Category A infectious substance, the UN Model Regulations have
been amended to exempt medical devices or equipment potentially
contaminated with or containing infectious substances which are being
transported for disinfection, cleaning, sterilization, repair or
equipment evaluation from all other requirements of the UN Model
Regulations, provided they meet certain packaging requirements.
    PHMSA is amending Sec.  173.134, ``Class 6, Division 6.2--
Definitions and Exceptions'' by adopting the additional exemptions for
medical devices and equipment.
Section 173.158
    Section 173.158 prescribes packaging requirements for nitric acid
mixtures of varying concentrations. PHMSA is revising the list of outer
packagings permitted for nitric acid mixtures of varying
concentrations.
    Specifically, PHMSA is revising paragraph (d)(2) by adding 1N2, 4A,
4B and 4N packagings to the list of authorized outer packagings of
combination packages for Nitric acid of 90 percent or greater
concentration, when offered for transportation or transported by rail,
highway, or water, in addition to the packaging options currently
authorized.
    PHMSA is also revising paragraph (e) of this section pertaining to
nitric acid of less than 90 percent concentration, when offered for
transportation or transported by rail, highway, or water. Specifically,
this paragraph is revised to permit packagings of specification 4A, 4B,
or 4N metal boxes for certain nitric acid concentrations.
    Further, PHMSA is revising paragraphs (f)(3), (g) and (h) by adding
specification 1N2, 4A, 4B and 4N packagings to the list of authorized
outer packagings of combination packagings for Nitric acid of the
following concentrations; (1) Nitric acid of 70 percent or less
concentration, when offered for transportation or transported by rail,
highway, or water; (2) Nitric acid of more than 70 percent
concentration, when offered for transportation or transported by cargo
aircraft only; and (3) Nitric acid of less than 70 percent
concentration, when offered for transportation in cargo aircraft only.
    The addition of these packaging options will increase flexibility
for shippers when determining the appropriate packaging for nitric acid
mixtures, in addition to the packaging options currently authorized.
Section 173.159a
    Section 173.159a provides exceptions for non-spillable batteries.
Paragraph (d) of this section excepts non-spillable batteries from the
requirements of the HMR provided certain criteria, including specific
packaging requirements and the absence of free-flowing liquid in the
battery, are met.
    In this final rule, PHMSA is clarifying paragraph (d) of this
section by adding a new subparagraph (d)(3) stating that ``for
transport by aircraft, must be transported as cargo and may not be
carried onboard an aircraft by passengers or crewmembers in carry-on
baggage, checked baggage, or on their person unless specifically
excepted by Sec.  175.10.'' This clarification will align the HMR with
the previously discussed changes made to the ICAO TI with regard to the
air transport of non-spillable batteries that are excepted from the
HMR.
Section 173.160
    Section 173.160 prescribes packaging requirements for ``Bombs,
smoke, non-explosive'' when shipped without ignition devices. PHMSA is
revising the

list of packagings permitted for ``Bombs, smoke, non-explosive''
shipped without ignition devices. Specifically, PHMSA is adding the
authorization to use metal (4A, 4B, and 4N), fiberboard (4G) or solid
plastic (4H2) boxes, or metal (1A2, 1B2, and 1N2), plastic (1H2),
plywood (1D), or fiber (1G) drums.
Section 173.162
    Section 173.162 prescribes the packaging requirements for ``UN2803,
Gallium.'' PHMSA is revising paragraph (a)(1), to permit both open and
closed steel, metal, other that steel and aluminium drums (1A1, 1N1,
1N2, 1H1, 3A2 or 3H2) in addition to the packaging options currently
authorized.
    Further, PHMSA is revising paragraph (a)(2), to permit metal, other
than steel or aluminium (4N) boxes; metal, other than steel or
aluminium drums (1N1, 1N2); and plastic drums (1H1 or 1H2) in addition
to the packaging options currently authorized.
    In addition, PHMSA is clarifying paragraph (c) by stating that
``for transport by aircraft, must be transported as cargo and may not
be carried onboard an aircraft by passengers or crewmembers in carry-on
baggage, checked baggage, or on their person unless specifically
excepted by Sec.  175.10.'' This clarification will align the HMR with
the previously discussed changes adopted in the ICAO Technical
Instructions regarding the air transport of gallium otherwise excepted
from the HMR.
Section 173.164
    Section 173.164 prescribes the packaging requirements for Mercury
(metallic and articles containing mercury). In this final rule, PHMSA
is revising paragraph (a)(1), to permit steel drums; metal, other that
steel and aluminum drums (1A1, 1N1, 1N2) and metal, other than steel or
aluminum boxes (4N), in addition to the packaging options currently
authorized in paragraphs (a), (b) and (c).
    Paragraph (f) is added to provide an exception to the requirements
of the HMR for vessel transport of manufactured articles or instruments
containing less than 0.45 kg (1.0 pound) of mercury. This exception is
inserted to mirror an existing IMDG Code provision and harmonize the
requirements for vessel shipments of mercury contained in manufactured
articles as much as possible.
    In addition, PHMSA is clarifying paragraphs (a)(5), (b), and (c)(2)
of this section by adding the phrase ``when transported as cargo.''
This clarification will align the HMR with the previously discussed
changes adopted in the ICAO Technical Instructions regarding the air
transport of manufactured articles containing mercury otherwise
excepted from the HMR.
Section 173.165
    Section 173.165 prescribes the transport and packaging requirements
for polyester resin kits. PHMSA is revising Sec.  173.165 to better
align the packaging and other requirements for UN3269, Polyester resin
kits with the various international modal standards. These amendments
correct inconsistencies adopted in a final rule published in the
Federal Register on January 19, 2011 (76 FR 3308; HM-215K).
Section 173.175
    Section 173.175 prescribes the transport and packaging requirements
for permeation devices. Currently, permeation devices containing
hazardous materials that are used for calibrating air quality
monitoring devices are not subject to the HMR provided they meet
specific requirements that include packaging, quantity limitations,
testing, and transport controls.
    PHMSA is adding a new paragraph (g) stating that ``for transport by
aircraft, must be transported as cargo and may not be carried onboard
an aircraft by passengers or crewmembers in carry-on baggage, checked
baggage, or on their person unless specifically excepted by Sec.
175.10.'' This clarification aligns the HMR with changes adopted in the
ICAO Technical Instructions regarding the air transport of permeation
devices that are otherwise excepted from the HMR.
Section 173.176
    Electric double layer capacitors are devices that store but do not
produce electrical energy. They contribute to increased fuel efficiency
in many alternative energy solutions such as hybrid vehicles. Some
double layer capacitors contain flammable liquid absorbed in a solid
with small amounts present as free liquid while others use a liquid
electrolyte. Currently, the HMR do not contain specific requirements to
address the transport of electric double layer capacitors.
    New Section 173.176 addresses electric double layer capacitors,
prescribing the testing, marking, safety, and packaging requirements
for electric double layer capacitors with an energy storage capacity
greater than 0.3 Wh. PHMSA is incorporating these requirements
consistent with the 17th Revised Edition of the UN Model Regulations.
These amendments address potential electrical and other hazards arising
from the release of hazardous materials during the transportation of
these articles.
Section 173.181
    Section 173.181 prescribes the non-bulk packaging requirements
applicable to pyrophoric liquids. Paragraph (b) of this section
specifies the specification boxes authorized to package these
substances. PHMSA is revising paragraph (b) by adding packaging
authorizations for steel boxes (4A), aluminum boxes (4B), metal boxes,
other than steel or aluminum (4N), or fiberboard boxes (4G); steel
drums (1A1 or 1A2), aluminum drums (1B1 or 1B2), metal drums, other
than steel or aluminum (1N1 or 1N2), plywood drums (1D), or fiber drums
(1G); or steel jerricans (3A1 or 3A2) or aluminum jerricans (3B1 or
3B2).
Section 173.183
    Section 173.183 prescribes the packaging requirements for
nitrocellulose base film. To provide greater flexibility in packaging
selection, PHMSA is adding other metal drums (4A2), aluminum jerricans
(3B2), and steel, aluminum or other metal (4A, 4B, 4N) boxes, to the
list of authorized packagings.
Section 173.184
    Section 173.184 provides the definition and packaging requirements
for highway or rail fusees. To provide greater flexibility in packaging
selection, steel (1A2), aluminum (1B2) or other metal (1N2) drums;
steel (3A2) or aluminum (3B2) jerricans; and steel (4A), aluminum (4B)
or other metal (4N) boxes are added to the list of authorized
packagings.
Section 173.186
    Section 173.186 provides definitions and packaging requirements for
various types of matches. To provide greater flexibility in packaging
selection, PHMSA is adding packaging options to the list permitted for
strike-anywhere matches specified in paragraph (f) of this section.
Specifically steel drums (1A1 or 1A2), aluminum drums (1B1 or 1B2),
other metal drums (1N1, 1N2), steel jerricans (3A1, 3A2), aluminum
jerricans (3B1, 3B2), steel (4A), aluminum (4N) and other metal (4N)
boxes are added to the list of authorized packagings.
Section 173.187
    Section 173.187 prescribes the packaging requirements for
pyrophoric solids, metals or alloys, n.o.s. To provide greater
flexibility in packaging selection, PHMSA is adding packaging

options to the list permitted for pyrophoric solids, metals or alloys,
n.o.s. specified in paragraph (a) and (d) of this section.
Specifically, steel, aluminum or other metal boxes (4A, 4B or 4N) are
added to the list of authorized packagings in paragraph (a). In
addition, steel, aluminum or other metal drums (1A1, 1A2, 1B1, 1B2, 1N1
or 1N2) are added to the list of authorized packagings in paragraph
(d).
Section 173.188
    Section 173.187 prescribes the packaging requirements for white and
yellow phosphorus. To provide greater flexibility in packaging
selection, steel, aluminum or other metal boxes (4A, 4B or 4N) are
added to the list of authorized packagings in paragraph (a)(1). In
addition, PHMSA is adding steel, aluminum or other metal drums (1A1,
1B1 or 1N1) not over 250 L (66 gallons) capacity each and steel,
aluminum or other metal drums (1A2, 1B2, or 1N2) not over 115 L (30
gallons) capacity each, to the list of authorized packagings in
paragraph (a)(2).
Section 173.189
    Section 173.189 prescribes the packaging and transport requirements
for batteries containing sodium or cells containing sodium. To provide
greater flexibility in packaging selection, PHMSA is adding 1N2, 4A,
4B, 4N, 4H1, 3A2, 3B3 and 3H2 outer packagings to the list of
authorized outer packagings in paragraph (b).
Section 173.193
    Section 173.193 prescribes the packaging requirements for
bromoacetone, methyl bromide, chloropicrin and methyl bromide or methyl
chloride mixtures. To provide greater flexibility in packaging
selection, metal boxes (4A, 4B or 4N) are added to the list of
authorized outer packagings in paragraph (a).
Section 173.194
    Section 173.194 prescribes the packaging requirements for gas
identification sets. To provide greater flexibility in packaging
selection, metal boxes (4A, 4B or 4N) are added to the list of
authorized outer packagings in paragraphs (b)(1) and (b)(2).
Section 173.196
    Section 173.196 prescribes the packaging requirements for Category
A infectious substances. To provide greater flexibility in packaging
selection, PHMSA is adding drums (1A1, 1A2, 1B1, 1B2, 1N1, 1N2, 1H1,
1H2, 1D, 1G); boxes (4A, 4B, 4N, 4C1, 4C2, 4D, 4F, 4G, 4H1, 4H2); or
jerricans (3A1, 3A2, 3B1, 3B2, 3H1, 3H2) as examples of the types of
authorized ``rigid outer packaging'' referenced in paragraph (a)(3).
Section 173.199
    Section 173.199 prescribes the packaging requirements for category
B infectious substances. Paragraph (d) of this section provides the
requirements for refrigerated or frozen specimens in ice, dry ice or
liquid nitrogen. These provisions include the requirement to secure
secondary packages.
    Consistent with an editorial amendment to Packing Instruction P650
in the 17th Revised Edition of the UN Model Regulations, PHMSA is
removing the language ``position after the ice or dry ice has
dissipated'' from the requirements to secure secondary packages.
Section 173.201
    Section 173.201 prescribes the authorized non-bulk packagings for
liquid hazardous materials in packing group I. To provide greater
flexibility in packaging selection, PHMSA is adding ``Metal box other
than steel or aluminum: 4N'' to authorized outer packagings of
combination packagings listed in paragraph (b) of this section.
Section 173.202
    Section 173.202 prescribes the authorized non-bulk packagings for
liquid hazardous materials in packing group II. To provide greater
flexibility in packaging selection, PHMSA is adding ``Metal box other
than steel or aluminum: 4N'' to the authorized outer packagings of
combination packagings indicated in paragraph (b).
Section 173.203
    Section 173.203 prescribes the authorized non-bulk packagings for
liquid hazardous materials in packing group III. To provide greater
flexibility in packaging selection, PHMSA is adding ``Metal box other
than steel or aluminum: 4N'' to the authorized outer packagings of
combination packagings indicated in paragraph (b).
Section 173.211
    Section 173.211 prescribes the authorized non-bulk packagings for
hazardous materials in packing group I. To provide greater flexibility
in packaging selection, PHMSA is adding ``Metal box other than steel or
aluminum: 4N'' to the authorized outer packagings of combination
packagings indicated in paragraph (b) and the single packagings
authorized in paragraph (c).
Section 173.212
    Section 173.212 prescribes the authorized non-bulk packagings for
hazardous materials in packing group II. To provide greater flexibility
in packaging selection, PHMSA is adding ``Metal box other than steel or
aluminum: 4N'' to authorized outer packagings of combination packagings
indicated in paragraph (b). Further, we are adding ``Metal box other
than steel or aluminum: 4N'' and ``Metal box other than steel or
aluminum with liner: 4N'' to authorized single packagings permitted in
paragraph (c) of this section.
Section 173.213
    Section 173.213 prescribes the authorized non-bulk packagings for
hazardous materials in packing group III. To provide greater
flexibility in packaging selection, PHMSA is adding ``Metal box other
than steel or aluminum: 4N'' to the authorized outer packagings of
combination packagings indicated in paragraph (b). Further, we are
adding ``Metal box other than steel or aluminum: 4N'' and ``Metal box
other than steel or aluminum with liner: 4N'' to the single packagings
authorized in paragraph (c).
Section 173.219
    Section 173.219 prescribes the transport conditions and packaging
requirements for life saving appliances. Paragraph (b) of this section
provides a list of hazardous materials that a life-saving appliance is
permitted to contain as well as other transport requirements.
Currently, the transport conditions specified in paragraph (b)(1) of
this section specify that Division 2.2 compressed gases, including
oxygen are permitted; however, oxygen generators are not. In this final
rule, PHMSA is broadening the materials permitted in life-saving
appliances by modifying paragraph (b)(1) to include liquefied gases as
well.
    Paragraph (c) of this section prescribes the packaging requirements
and exceptions provided for life saving appliances. Subsequent changes
are proposed to paragraph (c)(1) of this section to reflect this
inclusion of liquefied gases discussed previously. Furthermore,
paragraph (c)(5) currently states that, for other than transportation
by aircraft, life-saving appliances containing no hazardous materials
other than carbon dioxide with a capacity not exceeding 100 cm\3\ are
not subject to the provisions of this subchapter provided they are
overpacked in rigid outer packagings with a maximum gross mass of 40
kg. In this final rule, PHMSA is

revising the exception in (c)(5) by replacing the language ``carbon
dioxide'' with ``cylinders of Division 2.2 compressed or liquefied
gases with no subsidiary risk,'' and the quantity limit ``100 cm\3\''
with ``120 mL, installed solely for the purpose of activating the
appliance.''
    In addition, we are further clarifying paragraph (c)(5) of this
section by adding the statement, ``For transportation by aircraft, such
appliances must be transported as cargo and may not be carried onboard
an aircraft by passengers or crewmembers in carry-on baggage, checked
baggage, or on their person unless specifically excepted by Sec.
175.10.'' This clarification aligns the HMR with the recently adopted
changes in the ICAO Technical Instructions regarding the air transport
of life saving appliances that would otherwise be excepted from the
HMR.
Section 173.220
    Section 173.220 prescribes packaging requirements for internal
combustion engines, self-propelled vehicles, mechanical equipment
containing internal combustion engines, battery-powered equipment or
machinery, fuel cell-powered equipment or machinery. In this rule PHMSA
is amending paragraph (d) to cross reference the IBR Sec.  171.7.
Section 173.221
    Section 173.221 prescribes the non-bulk packaging requirements for
Polymeric beads (or granules), expandable, evolving flammable vapor and
Plastic molding compound in dough, sheet or extruded rope form,
evolving flammable vapor. PHMSA is adding the following packaging
authorizations: metal (4A, 4B, or 4N), and plastic (4H1 or 4H2) drums,
and 1N1, 1N2 drums in vapor tight metal or plastic jerricans (3A1, 3A2,
3B1, 3B2, 3H1, or 3H2). PHMSA is also adding a paragraph to the section
that reference the reader to a newly created Sec.  176.907 for cargo
transport and hazard communication marking requirements for shipments
of Polymeric beads expandable, evolving flammable vapor and Plastic
molding compound in dough, sheet or extruded rope form, evolving
flammable vapor when transported by vessel. These changes address the
safety hazard presented by shipments of polymeric beads or plastic
molding compounds off-gassing flammable vapors during vessel transport.
See Section 176.907 for a detailed discussion of our addition of these
vessel cargo transport requirements.
Section 173.225
    Section 173.225 prescribes the packaging requirements and other
provisions for organic peroxides. Packaging requirements for organic
peroxides are very specific and include requirements for the
concentration by mass permitted, diluents percentage, water mass,
temperature controls and organic peroxide specific packing methods.
    Paragraph (c) of this section contains and describes the organic
peroxide table and how specific organic peroxides are to be
transported. In addition, paragraph (e) contains a separate table that
prescribes the packaging requirements for organic peroxides packaged in
IBCs. As self-insulating hazardous materials, organic peroxides can
pose different risks when transported in larger quantities. Thus, a
separate table unique to the transport of these substances in IBCs is
contained in the HMR. The ``Organic Peroxide IBC Table'' includes
maximum quantities permitted to be packaged and any temperature and
emergency controls.
    The organic peroxides tables in paragraphs (c) and (e) specify by
technical name those organic peroxides that are authorized for
transportation and not subject to the approval provisions of Sec.
173.128. An organic peroxide identified by technical name is authorized
for transportation only if it conforms to all applicable provisions of
these tables. In this final rule, we are amending the Organic Peroxides
Tables in Sec.  173.225 by adding new entries and revising current
entries to account for new organic peroxides and formulations that are
commercially available.
    The following entries are added in the Sec.  173.225(c) organic
peroxides table:

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

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

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

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

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

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

UN3119 ``Di-(3,5,5-trimethylhexanoyl) peroxide, not more than 38% in
diluent type A''
UN3119 ``1,1,3,3-Tetramethylbutyl peroxyneodecanoate, not more than
52%, stable dispersion, in water''
Section 173.226
    Section 173.226 prescribes the packaging requirements for Materials
poisonous by inhalation, Division 6.1, Packing Group I, Hazard Zone A.
Specifically, this section authorizes the transport of Materials
poisonous by inhalation, Division 6.1, Packing Group I, Hazard Zone A
in specification cylinders, specification drums packaged further in
specification drums and combination packages. PHMSA is revising the
requirements of paragraph (c) by adding an authorization to package
such materials in ``Metal box other than steel or aluminum: 4N'' drums.
In addition, PHMSA is correcting an editorial error by replacing the
incorrect wording ``Expanded plastic box: 4H2'' with the correct
wording ``Expanded plastic box: 4H1.''
Section 173.230
    Section 173.230 prescribes the transport requirements for fuel cell
cartridges containing hazardous material. Paragraph (e) of this section
prescribes the packaging requirements for fuel cell cartridges
containing hazardous material. Furthermore, paragraph (e)(2)(ii) notes
that ``Fuel cell cartridges contained in equipment must be protected
against short circuits and the entire fuel cell system must be
protected from unintentional activation. The equipment must be securely
cushioned in the outer packaging.'' As currently stated in the HMR,
this requirement may imply that only fuel cell cartridges contained in
equipment, not the fuel cell system, would have to be protected against
short circuits. This is not the intent of this requirement. Therefore,
PHMSA is clarifying that the entire fuel cell system must be protected
against short circuits and unintentional activation.
Section 173.240
    Section 173.240 prescribes the bulk packagings authorized for
certain low hazard solid materials. As discussed previously, PHMSA is
adopting flexible bulk container provisions throughout the HMR.

    In this section, PHMSA is adding paragraph (f) that authorizes the
use of FBCs for certain low hazard solid materials. Specifically,
paragraph (f) permits the use of FBCs if B120 is indicated in Column
(7) of the specific entry in Sec.  172.101 HMT and the FBC conforms to
the requirements in subparts R and S of part 178 of the HMR.
Furthermore, paragraph (f) notes that FBCs may not be used for Packing
Group I or II hazardous materials. Only select low hazard solid
materials are authorized for transport in FBCs. The use of FBCs for the
transportation of an HMT entry not assigned special provision B120 is
prohibited.
Section 173.301b
    Section 173.301b provides additional general requirements for
shipment of UN pressure receptacles. Recent international adoption of
this standard leads PHMSAto incorporate by reference ISO 13340:2001(E)
Transportable gas cylinders--Cylinder valves for non-refillable
cylinders--Specification and prototype testing, First edition, 2004-04-
01, and require all non-refillable UN pressure receptacle valves to be
in compliance with this standard.
Section 173.306
    Section 173.306 prescribes the exceptions for limited quantities of
compressed gases including aerosols. Paragraph (a) of this section
prescribes the general requirements for limited quantities of
compressed gases while paragraph (j) specifically addresses aerosols
and receptacles small, containing gas, with a capacity of less than 50
mL.
    In this final rule, we are revising paragraph (j) to note that
aerosols conforming to this paragraph, when offered for transportation
by air, must be transported as cargo and may not be carried onboard an
aircraft by passengers or crewmembers in carry-on baggage, checked
baggage, or on their person unless specifically excepted by Sec.
175.10. This clarification aligns the HMR with the previously discussed
changes adopted in the ICAO Technical Instructions regarding the air
transport of aerosols that are otherwise excepted from the HMR.
Section 173.313
    Section 173.313 contains instructions for UN portable tanks and the
table for liquefied compressed gases. The UN Portable Tank Table for
Liquefied Compressed Gases is referenced in Sec.  172.102(c)(7)(iii) of
the HMR for portable tanks used to transport liquefied compressed
gases.
    Chemical manufacturers throughout the world are currently supplying
pressurized products contained and transported in gas cylinders. The
products are liquids or solids such as adhesives, coatings and cleaners
combined with a gas or gas mixtures in pressure receptacles under
sufficient pressure to expel the contents. These mixtures are typically
expelled from the pressurized receptacles as foams, streams or thick
sprays. Under the current HMR these types of products are classified as
liquefied gases and transported in accordance with the applicable
sections for the liquefied gases in which they are classified. A
typical product however is a combination of a propellant (gas phase)
and a liquid or solid component, and therefore the term liquefied gas
does not correctly reflect the contents. As they are not filled in
aerosol dispensers and as the receptacles used exceed the volume
limitations for aerosols, they may not be transported as aerosols. The
United Nations Sub-Committee of experts on the Transportation of
Dangerous goods agreed to create new entries (UN numbers) for these
products to address their unique characteristics and corresponding
regulations to address the safe transport of such materials.
    In this final rule, we are adopting entries in the HMT for various
chemicals under pressure and the corresponding packaging provisions. We
are modifying Sec.  173.313 to include the packaging requirements for
chemicals under pressure transported in portable tanks. Specifically,
we are revising the section title, introductory test, and table name to
reflect that chemicals under pressure are addressed in this section. We
are also adding table entries for identification numbers UN3500,
UN3501, UN3502, UN3503, UN3504 and UN3505. Lastly, we are correcting
the maximum filling density for UN3220.
    The addition of packaging requirements specific to chemicals under
pressure will ensure that an appropriate level of safety is achieved
for these unique materials. PHMSA participated in, and concurs with,
the discussions and decisions regarding the packagings selected for
these materials. The packagings adopted by the UN, ICAO and IMO provide
an appropriate level of safety for these materials and, thus, PHMSA is
adopting similar packagings in the HMR. Furthermore, aligning with
international packaging standards facilitates the movement of these
materials both domestically and internationally.
Section 173.316
    Section 173.316 provides the requirements for cryogenic liquids
contained in cylinders. Specifically, the HMR requires each cylinder
containing cryogenic liquids be equipped with one or more pressure
relief devices.
    PHMSA is revising Sec.  173.316, ``Cryogenic Liquids in Cylinders''
to include a requirement consistent with the UN Model Regulations that
all pressure relief device inlets must under maximum filling conditions
be situated in the vapor space of the closed cryogenic receptacle and
the devices must be so arranged as to ensure that the escaping vapor is
discharged unobstructed.
    This requirement will enhance safety by assisting in the proper
function of the pressure release devices. Further, it will prevent
unsafe conditions in transport if the liquid form of the gas were
released through the pressure release device. For instance, if the gas
released is a Division 2.1 (flammable) gas or a Division 2.3
(poisonous) gas, it will reduce the opportunity for the released liquid
form of the gas to create an asphyxiant environment through the rapid
displacement of the normal concentration of oxygen in the breathable
atmosphere. Finally, it will reduce the potential of released cryogenic
oxygen in liquid form to create an oxygen enriched atmosphere that may
explosively combust.
Section 173.318
    Section 173.318 provides the requirements for cryogenic liquids
contained in cargo tanks. Specifically, the HMR requires each cargo
tank containing cryogenic liquids be equipped with one or more pressure
relief devices.
    PHMSA is revising Sec.  173.318, ``Cryogenic Liquids in Cargo
Tanks'' to include a requirement consistent with the UN Model
Regulations that all pressure relief device inlets must under maximum
filling conditions be situated in the vapor space of the closed
cryogenic receptacle and the devices be so arranged as to ensure that
the escaping vapor is discharged unobstructed.
    This requirement will enhance safety by assisting in the proper
function of the pressure release devices. Further, it will prevent
unsafe conditions in transport if the liquid form of the gas were
released through the pressure release device. For instance, if the gas
released is a Division 2.1 (flammable) gas or a Division 2.3
(poisonous) gas, it would reduce the opportunity for the released
liquid form of the gas to create an asphyxiant

environment through the rapid displacement of the normal concentration
of oxygen in the breathable atmosphere. Finally it will reduce the
chance of released cryogenic oxygen in liquid form creating an oxygen
enriched atmosphere that may explosively combust.
Section 173.335
    Section 173.335 is created to provide packaging requirements for
new HMT entries ``Chemical under pressure n.o.s.'' Specifically, PHMSA
is adopting transport requirements, filling limits, minimum service
pressure, and periodic inspection requirements for cylinders utilized
for shipments of chemical under pressure n.o.s.
    Cylinders used to ship chemical under pressure n.o.s. must be
authorized UN or DOT cylinders for the propellant and otherwise conform
to the applicable requirements of subpart G of part 173. 3M noted in
their comments to the August 15, 2012 NPRM that while PHMSA created a
section that included filling limits for cylinders containing chemical
under pressure, we did not increase the water capacity for non-
refillable UN pressure receptacles filled with chemical under pressure
classed as flammable or toxic. In Sec.  173.301b non-refillable
cylinders containing a flammable or a toxic gas are limited to 1.25
liters. The UN authorizes non-refillable cylinders with a capacity up
to 50 liters when it contains a chemical under pressure. In this final
rule we will revise Sec. Sec.  173.301b and 173.302a to increase the
maximum allowable water capacity for non-refillable cylinders
containing chemical under pressure to 50 liters (3050 in3).
Section 173.340
    Section 173.340 prescribes the packaging requirements for NA1693,
tear gas devices. PHMSA is revising the packaging requirements in
paragraphs (c) and (d) by authorizing the use of 4A, 4B, or 4N metal
boxes, and 1B2, 1N2, or 1H2 drums.

Part 175

Section 175.8
    Section 175.8 provides exceptions from certain regulations for air
carrier operator equipment and items of replacement. ICAO amended the
Technical Instructions applicable to exceptions from certain
regulations for air carrier operator equipment and items of
replacement, and to better reflect items that may be sold as part of
duty free services. PHMSA is revising paragraph (b)(2) of this section
to add portable electronic devices containing lithium batteries to the
list of items permitted aboard an aircraft for use or sale on that
specific aircraft.
Section 175.10
    Section 175.10 specifies the conditions for which passengers, crew
members, or an operator may carry hazardous materials aboard an
aircraft. Consistent with revisions to the ICAO Technical Instructions,
in this final rule, PHMSA is revising paragraph (a)(14), the conditions
under which electrically powered heat-producing articles may be carried
aboard an aircraft. The requirement that the heat-producing component,
or the energy source, must be removed to prevent unintentional
functioning during transport is being revised to permit the removal of
another component, such as a fuse, to prevent unintentional functioning
during transport. In addition the paragraph is being revised to specify
procedures for protecting any removed battery from short circuit during
transport. PHMSA is also adding paragraphs (a)(20), (a)(21), (a)(22),
(a)(23), and (a)(24) to specify conditions under which permeation
devices for calibrating air quality monitoring equipment, internal
combustion or fuel cell engines, non-infectious specimens, insulated
packagings containing refrigerated liquid nitrogen, and small
compressed gas cartridges fitted into devices, respectively, may be
carried aboard an aircraft.
    PHMSA received one comment from the FCHEA requesting that we amend
Sec.  175.10(a)(19) to allow fuel cell cartridges containing flammable
gas in Division 2.1 and fuel cells containing water reactive materials
in Division 4.3 in checked passenger baggage. PHMSA did not propose
changes to the provisions allowing for the checking of limited types of
fuel cells in the NPRM, and consider this request to be outside the
scope of this rulemaking.
    PRBA noted in their comments to the NPRM that the 2013-2014 ICAO
Technical Instructions contain a provision that authorizes passengers
to carry portable medical electronic devices aboard passenger aircraft
with lithium metal batteries containing up to 8 grams of lithium metal.
While this amendment should be added to the HMR it was not included in
the August 15, 2012 NPRM and the public has not been provided notice of
any intent to add a new exception for lithium battery-containing
portable medical devices in Sec.  175.10 or afforded the opportunity to
provide us with written data, views, or arguments to aid our decision.
As the FAA Modernization and Reform Act of 2012 requires harmonization
in this instance, we will propose to adopt this exception in a future
rulemaking.

Part 176

Section 176.2
    Section 176.2 provides definitions of terms specifically as they
pertain to Part 176. In this final rule, PHMSA is adopting various
revisions to the vessel stowage and segregation requirements specified
in Part 176. As part of these changes certain terminology must be
defined.
    The term ``Closed cargo transport unit for Class 1'' is defined by
the IMDG Code as a freight container or transport vehicle that fully
encloses the contents by permanent structures and can be secured to the
ship's structure and are, except for the carriage of division 1.4
explosives, structurally serviceable (see Sec.  176.172). Portable
magazines conforming to Sec.  176.137 are also considered closed cargo
transport units for Class 1. Small compartments such as deck houses and
mast lockers are included. Cargo transport units with fabric sides or
tops are not closed cargo transport units. The floor of any closed
cargo transport unit must either be constructed of wood, close-boarded
or so arranged that goods are stowed on sparred gratings, wooden
pallets or dunnage. The IMO adopted this new definition for ``closed
cargo transport unit for Class 1'' to define the characteristics
required for cargo transport units carrying explosives by vessel.
    A new definition for ``potential or possible sources of ignition''
was adopted by the IMO for incorporation in the next published IMDG
Code. The term ``Potential or possible sources of ignition'' as defined
in the IMDG Code ``means but is not limited to, open fires, machinery
exhausts, galley uptakes, electrical outlets and electrical equipment
including those on refrigerated or heated cargo transport units unless
they are of certified safe type.'' The text ``means but is not limited
to'' indicates that the list of potential or possible sources of
ignition is not all inclusive; as it is impossible to identify in a
definition all potential or possible sources of ignition that may exist
on a variety of vessels with various engineering designs and stowage
configurations. PHMSA is adopting a definition for ``Potential or
possible sources of ignition'' that replaces ``of certified safe type''
with ``designed to operate in a hazardous environment.'' This change is
due to some ambiguity as to what is considered a certified safe type of
refrigerated or heated cargo transport unit. Adoption of this

definition will provide guidance to vessel stowage planners in
determining safe stowage locations for cargo on board vessels.
    The term ``Protected from sources of heat'' as defined by the IMDG
Code means ``that packages and cargo transport units must be stowed at
least 2.4 m from heated ship structures, where the surface temperature
is liable to exceed 131 [deg]F (55 [deg]C). Examples of heated
structures are steam pipes, heating coils, top or side walls of heated
fuel and cargo tanks, and bulkheads of machinery spaces. In addition,
packages not loaded inside a cargo transport unit and stowed on deck
must be shaded from direct sunlight. The surface of a cargo transport
unit can heat rapidly when in direct sunlight in nearly windless
conditions and the cargo may also become heated. Depending on the
nature of the goods in the cargo transport unit and the planned voyage
precautions must be taken to ensure that exposure to direct sunlight is
reduced''. This definition was adopted by the IMO for inclusion in the
next IMDG Code to provide a list of possible sources of heat a cargo
transport unit might encounter during vessel transport. This definition
also includes requirements for break bulk packages stowed on deck that
are required to be protected from sources of heat by means of a stowage
provision or a general stowage requirement found in Part 176.
    PHMSA received one comment from IVODGA concerning the proposed
definition of ``protected from sources of heat.'' IVODGA suggested that
at the end of the new definition for ``protected from sources of heat''
we include that ``* * * containers should not be stowed in the upper
most tier position when this is required, which does not include tank
units that have protective insulation shields'' since the new
definition seems to bridge the older shade from radiant heat and other
heat related factors onboard vessels. PHMSA does not see the need to be
more specific and restrictive than the internationally accepted
definition calls for and is maintaining the definition of protected
from sources of heat as proposed in the NPRM.
    Therefore, in this final rule, PHMSA is adding definitions in this
section for the terms, ``Closed cargo transport unit for Class 1,''
``Potential or possible sources of ignition'' and ``Protected from
sources of heat'' with additional text clarifying that a portable
magazine conforming to Sec.  176.137 is also considered ``closed cargo
transport unit for Class 1.''
Section 176.63
    Section 176.63 prescribes supplementary requirements with respect
to the stowage of specific hazardous materials in addition to those
authorized in the HMT in Sec.  172.101. This section sets forth the
basic physical requirements for the authorized vessel stowage
locations.
    One commenter (SAAMI) noted that limited quantity shipments are
assigned the least restrictive stowage category and are excepted from
additional stowage provisions in 3.4.3 of the IMDG Code and requested
that PHMSA do the same. PHMSA agrees and is revising paragraph (a) of
this section to allocate stowage category A to hazardous materials
offered as limited quantities, and to except these shipments from the
other stowage provisions assigned in column 10B of the HMT for
shipments of limited quantities.
    PHMSA is also revising paragraph (b) of this section by replacing
the phrase ``shade from radiant heat'' with the phrase ``protected from
sources of heat.'' This revision of terminology is necessary to
incorporate other changes to the vessel stowage codes in Column 10 B of
the HMT.
    PHMSA is also revising paragraph (e) of this section to remove
references to magazine stowage type A and C, as the definition of
``closed cargo transport unit for Class 1'' was added to Sec.  176.2
references to magazine stowage type A and C are no longer needed in
this section.
    Paragraph (e) also contains an exception for empty packages
containing residue (excluding Class 2.3 empty packages containing
residue and waste aerosols), including IBCs and large packages to be
stowed on deck, or under deck if in a mechanically ventilated cargo
space. This exception will apply regardless of the stowage provisions
indicated in Sec.  172.101(k). PHMSA believes the reduced hazard
present in empty packages containing residue combined with the
mechanically ventilated cargo space warrants a relaxation of stowage
requirements for shipments of empty packages (excluding Class 2.3 and
waste aerosols) that otherwise would require on deck stowage.
Section 176.76
    Section 176.76 specifies the requirements for transport vehicles,
freight containers, and portable tanks containing hazardous materials
transported via vessel.
    In this final rule, PHMSA is adding a new paragraph (a)(11)
requiring that banding or securing straps used to secure packages must
not be over tightened to cause damage or deformation of the packages or
the securing points within the freight container or transport vehicle.
PHMSA is adopting this change to harmonize cargo securement
requirements in the HMR with recently adopted changes in the IMDG Code.
This requirement is intended to prevent undue stress and potential
damage to packages and tie down points during transport.
    PHMSA had originally proposed to replace the existing paragraph
(a)(9) with this regulatory text, but received one comment from IVODGA
noting that the provisions of (a)(9) concerning security devices is
still necessary, and a request to maintain the current text of (a)(9)
and simply insert a new paragraph with the proposed text. PHMSA agrees
and is maintaining the current paragraph (a)(9). IVODGA also requested
that the following text be included at the end of the newly proposed
paragraph of our proposed text: ``* * * or transport vehicle. The
Maximum Securing Load on internal container lashing, securing or anchor
points shall not be exceeded.'' PHMSA believes that inserting IVODGA's
proposal would be very difficult to enforce, as anchor points in
containers are not marked with maximum securing loads. Additionally
PHMSA believes that the language proposed in the NPRM accounts for
IVODGA's concerns as deformation of the securing points is indicative
of exceeding the securing points capabilities.
    PHMSA received an additional comment from IVODGA requesting we
amend Sec.  176.76 to require transport equipment with refrigerated or
heating units used for the transport of hazardous materials of Division
2.1, Class 3, or those capable of releasing flammable vapors during
transport to be equipped with explosion proof electrical fittings.
PHMSA has determined that such an amendment is beyond the scope of the
proposals presented in the August 15, 2012 NPRM and therefore will not
be addressed in this final rule.
Section 176.83
    Section 176.83 prescribes the general vessel segregation
requirements. Paragraph (m) of this section specifies additional
segregation requirements for certain groups of hazardous materials.
Paragraph (m)(2) of this section prescribes segregation requirements
for materials shipped under n.o.s. entries. Furthermore, paragraph
(m)(3) discusses materials that fall outside the defining criteria for
hazardous materials, but display chemical properties similar to

hazardous materials listed in segregation groups.
    In this final rule, PHMSA is revising paragraph (m)(2) to clarify
that the offeror of hazardous materials is responsible for deciding if
allocation of a segregation group is appropriate. We are also revising
paragraph (m)(3) to clarify that the offer of hazardous materials for
transportation or the person packing the cargo transport unit is
responsible for identifying a relevant segregation group and applying
the segregation requirements for that segregation group. These
revisions will replace the current term ``shipper,'' which is not
defined in Sec.  171.8, with the terms ``offeror'' and ``person who
offers'' which are defined terms in Sec.  171.8.
Section 176.84
    Section 176.84 prescribes the meanings and requirements for
numbered or alpha-numeric stowage provisions for vessel shipments
listed in column 10B of the Sec.  172.101 Hazardous Materials Table.
The provisions in Sec.  176.84 are broken down into general stowage
provisions whose meanings are defined in the ``table of provisions'' in
paragraph (b), and the stowage provisions applicable to vessel
shipments of Class 1 explosives defined in the table to paragraph
(c)(2).
    PHMSA is revising stowage provisions 25 and 128 and deleting
stowage provisions 19, 48, and 50 from the table in paragraph (b).
Stowage provision 25 is revised from ``Shade from radiant heat'' to
read ``Protected from sources of heat.'' Stowage provision 128 is
revised from ``Stow in accordance with the IMDG Code, Sub-section
<IP_ADDRESS> (incorporated by reference; see Sec.  171.7 of this
subchapter)'' to read ``Stow in accordance with the IMDG Code, Sub-
section <IP_ADDRESS>.2 (incorporated by reference; see Sec.  171.7 of this
subchapter).'' Deleted stowage provision 19 previously read ``Protect
from sparks and open flames.'' Deleted stowage provision 48 previously
read ``Stow ``away from'' sources of heat''. Deleted stowage provision
50 previously read ``Stow ``away from'' sources of heat where
temperatures in excess of 55 [deg]C (131 [deg]F) for a period of 24
hours or more will be encountered.''
    The current stowage provision table in paragraph (b) contains three
listings requiring shipments to be either shaded or stowed away from
sources of heat. The addition of a standard definition for ``protected
from sources of heat'' to the list of definitions in Sec.  176.2 has
rendered stowage provisions 19, 48, and 50 redundant and all HMT
listings previously assigned stowage provisions 19 or 48 have been
assigned the revised stowage provision 25. Furthermore, no listings in
the current HMR are assigned stowage provision 50; therefore, we are
deleting it and all references to it. The change to stowage provision
128 will account for a citation change in the newest edition of the
IMDG Code.
    In this final rule, PHMSA is revising explosive stowage provision
26E and deleting explosive stowage provisions 7E, 8E, and 20E from the
table in paragraph (c)(2). Deleted explosive stowage provision 7E
previously read ``Stowage category ``04'' for projectiles or cartridges
for guns, cannons or mortars; Stowage category ``08'' for other
types.'' Deleted explosive stowage provision 8E previously read ``When
under deck, special stowage is required.'' Deleted explosive stowage
provision 20E previously read ``Stowage category ``03'' for projectiles
or cartridges for guns, cannons or mortars; Stowage category ``07'' for
other types; magazines must be of steel construction that prevents
leakage.'' Changes to explosive stowage provisions 7E, 8E, and 20E are
necessary to account for revisions to the stowage category definitions
proposed in Sec.  172.101(k). Additionally, as a result of the removal
of stowage provisions 10 and 13 from Sec.  172.101(k), PHMSA is
revising explosive stowage provision 26E in Sec.  176.84. Please see
section 172.101 for explosive stowage codes associated with HMT entries
previously assigned these explosive stowage provisions and a list of
entries these provisions have been removed from.
Section 176.116
    Section 176.116 prescribes the general stowage conditions for Class
1 explosive materials. Paragraph (a) of this section prescribes
explosive stowage requirements, which take into account heat and
sources of ignition. Paragraph (f) of this section prescribes
explosives stowage requirements for under deck storage. PHMSA is
revising paragraph (a) to clarify the general stowage conditions for
Class 1 materials on board vessels and deleting and reserving paragraph
(f).
    PHMSA is revising paragraph (a)(1) to require explosive materials
to be stowed in a cool part of the ship, to be kept as cool as
practicable while on board, and to be stowed as far away as practicable
from any potential source of heat or ignition. This change is due to
the inclusion of a definition for ``potential source of heat or
ignition'' in Sec.  176.2. A new paragraph (a)(2) is added requiring
Class 1 materials to be stowed away from the side of a ship's side at a
distance at least equal to one eighth of the beam of the vessel or 2.4
m (8 feet), whichever is less. PHMSA received one comment (IVODGA)
requesting an exception for materials within Class 1 of low or
relatively low hazard within division 1.4 through 1.6 and the allowance
to transport these in all positions available on-deck. In <IP_ADDRESS>.3 of
the IMDG goods of division 1.4 are excepted from the requirement to be
stowed away from the side of a ship. Another comment by Horizon also
noted that 1.4 cargos should be excluded from this requirement. PHMSA
agrees to provide such an exception for goods of division 1.4, but sees
no need to extend the exception beyond what is authorized by the
international standard.
    This minimum distance for explosive shipment stowage from the
ship's side is adopted to harmonize with a recent change in the IMDG
Code and provides an increased level of safety by ensuring explosive
shipments are not stowed adjacent to the ships internal structure.
    Paragraph (f) previously indicated general stowage provisions for
HMT explosive entries stowed under deck and assigned stowage category
09 or 10. The removal of stowage category 09 and 10 make these
provisions no longer applicable.
Section 176.128
    Section 176.128 defines the varying levels of containment for
explosives identified as magazine stowage types ``A'', ``C,'' and
``Special Stowage.'' The IMO has determined that a distinction between
closed cargo transport units and magazines is no longer necessary.
PHMSA concurs with the IMO on this issue and is deleting Sec.  176.128
and reserving it for future use. With the addition of a definition for
``closed cargo transport unit for Class 1,'' and the requirement for
all explosive shipments to be stored at a distance at least equal to
one eighth of the beam of the vessel or 2.4 m (8 feet), whichever is
less, specific requirements for type A, C, and special magazine stowage
are now unnecessary. Note that portable magazines remain authorized by
Sec.  176.137 and the definition of ``closed cargo transport unit for
Class 1.''
Section 176.130
    Section 176.130 prescribes requirements for magazine stowage type
A. The IMO determined that a distinction between closed cargo transport
units and magazines is no longer necessary. PHMSA concurs with the IMO
on this issue and is deleting Sec.  176.130 and reserving it for future
use. In general, a magazine is equivalent to a closed cargo transport
unit with a

wooden floor. Properly packaged and transported packages in a closed
cargo transport unit will adequately address safety concerns presented
by commodities previously required to be transported in magazine
stowage type A.
Section 176.133
    Section 176.133 prescribes requirements for magazine stowage type
C. The IMO has determined that all explosive shipments must be stored
at a distance at least equal to one eighth of the beam of the vessel or
2.4 m (8 feet), whichever is less, thus making the provisions for
magazine stowage type C unnecessary. PHMSA concurs with the IMO on this
issue and is deleting Sec.  176.133 and reserving it for future use.
Section 176.134
    Section 176.134 prescribes requirements for vehicles carrying Class
1 materials requiring magazine stowage. The removal of magazine stowage
definitions and provisions make this section unnecessary. Therefore,
PHMSA is deleting this section and reserving it for future use.
Section 176.136
    Section 176.136 prescribes requirements for special stowage of
Class 1 materials. Changes to vessel stowage location codes in Sec.
172.101(k) and the assignment of vessel stowage codes requiring on deck
stowage for entries previously authorized as special stowage make this
section unnecessary. Therefore, PHMSA is deleting this section and
reserving it for future use.
Section 176.138
    Section 176.138 prescribes general requirements for on deck
stowage. Paragraph (b) provides general requirements for on deck
stowage of explosives. In this final rule, PHMSA is revising this
section to require explosives to not be stowed within 6 m (20 feet) of
the newly defined term ``any potential sources of heat or ignition.''
This change is adopted to incorporate a newly defined term in Sec.
176.2. PHMSA received one comment from IVODGA requesting an editorial
clarification to separate the proposed language into ``from any source
of heat and any possible sources of ignition'' and is making the
requested change.
Section 176.144
    Section 176.144 prescribes segregation requirements for Class 1
materials transported by vessel. Paragraph (d) allows materials
requiring ordinary stowage (non-magazine stowage) to be stowed in the
same magazine as materials requiring magazine stowage. PHMSA is
revising paragraph (d) to state that if part of a shipment requires
non-metallic lining of closed cargo transport units, Class 1 materials
requiring ordinary stowage (stowage not requiring non-metallic lining
of closed cargo transport units) may be stowed in the same closed cargo
transport unit provided there are no exposed parts of any ferrous metal
or aluminum alloy, unless separated by a partition. The removal of
sections and requirements for magazine stowage necessitates the change
in this section.
    During the review of the NPRM PHMSA noted that Table 176.144(a)
includes a reference to explosives requiring special stowage in Note:
1. This final rule removes the special stowage section in the HMR.
Therefore, PHMSA is removing the reference to special stowage in Note 1
of Table 176.144(a).
Section 176.146
    Section 176.146 prescribes segregation requirements for Class 1
materials and non-hazardous goods transported by vessel. Paragraph (a)
currently states that Class 1 material need not be segregated from non-
hazardous materials except as provided in paragraphs (b) and (c).
Paragraph (b) then goes on to state that certain cargo (mail, baggage,
and personal effects) may not be stowed in the same compartment as, or
in compartments immediately above or below, Class 1 (explosive)
materials other than those in compatibility group S. Paragraph (c)
states that where Class 1 (explosive) materials are stowed against an
intervening bulkhead, any mail on the other side of the bulkhead must
be stowed away from it.
    In this final rule, PHMSA is revising paragraphs (a) and (b) and
deleting and reserving paragraph (c). Specifically, we are revising
paragraph (a) to remove a reference to the removed paragraph (c). We
are also revising paragraph (b) to read ``readily combustible materials
may not be stowed in the same compartment or hold as Class 1
(explosive) materials other than those in compatibility group S.'' This
change incorporates the adoption by IMO of the defined term ``readily
combustible material'' in 176.2. In this final rule, PHMSA is removing
and reserving paragraph (c) as the vast majority of mail is now sent by
air and not vessel. A specific requirement for stowage of mail away
from the intervening bulkhead between it and Class 1 materials is
deemed unnecessary.
Section 176.170
    Section 176.170 prescribes requirements for shipments of Class 1
materials in freight containers by vessel. Paragraph (a) states that
when Class 1 materials are stowed in a freight container, the freight
container, for the purposes of this subpart, may be regarded as a
magazine but not as a separate compartment. Paragraph (c) states that
freight containers used to transport Class 1 (explosive) materials for
which magazine stowage type A is required must have a floor consisting
of tightly fitted wooden boards, plywood or equivalent non-metallic
material, and a non-metallic lining.
    PHMSA is amending paragraph (a) and deleting and reserving
paragraph (c). Paragraph (a) is revised to state that when Class 1
materials are stowed in a freight container, the freight container, for
the purposes of this subpart G of Part 176, may be regarded as a closed
transport unit for Class 1 or a magazine but not a separate
compartment. This change is being made to incorporate the definition of
``closed cargo transport unit for Class 1'' and the removal of magazine
stowage A, C, and Special Stowage. Paragraph (c) references freight
containers used to transport Class 1 (explosive) materials for which
magazine stowage type A is required. The removal of a definition for
and requirements for magazine stowage type A make this paragraph
unnecessary.
Section 176.200
    Section 176.200 prescribes general stowage requirements for Class 2
materials transported by vessel. Paragraph (c) of this section
prescribes the orientation and outer packaging requirements for
cylinders transported by vessel.
    PHMSA is revising paragraph (c) to clarify that cylinders offered
for transport by vessel in a vertical position must be stowed in either
a block and cribbed or boxed-in with suitable sound lumber. PHMSA is
also replacing the word movement with shifting in the requirement for
the crib or box bracing to prevent any movement. These revisions are to
harmonize with vessel transportation requirements incorporated in the
IMDG Code and clarify that cylinders stored in a vertical position must
be adequately blocked and braced using sound lumber.
Section 176.210
    Section 176.210 prescribes on deck stowage requirements for
cylinders transported by vessel. This section currently requires
cylinders of Class 2 materials being transported by vessel to

be protected from radiant heat, including the direct rays of the sun,
by structural erections or awnings.
    In this final rule, PHMSA is revising this section by replacing
``protected from radiant heat, including the direct rays of the sun, by
structural erections or awnings'' with the newly defined term
``protected from sources of heat.''
Section 176.230
    Section 176.230 prescribes stowage requirements for Division 2.1
materials transported by vessel. Currently the HMR requires Division
2.1 materials transported in Specification 106A or 110A multi-unit car
tanks must be stowed on deck only, and must be shaded from radiant
heat.
    In this final rule, PHMSA is replacing the phrase ``shaded from
radiant heat'' with the newly defined ``protected from sources of
heat.''
Section 176.305
    Section 176.305 prescribes stowage requirements for Class 3
materials transported by vessel. Paragraph (a) states that Class 3
flammable or combustible liquids must be kept as cool as reasonably
practicable and be stowed away from all sources of heat and ignition.
    In this final rule, PHMSA is revising paragraph (a) to read ``a
Class 3 (flammable) or combustible liquid must be kept as cool as
reasonably practicable, protected from sources of heat, and away from
potential sources of ignition.'' These changes incorporate the
definitions of ``protected from sources of heat'' and ``potential or
possible sources of ignition.''
Section 176.400
    Section 176.400 prescribes stowage requirements for Division 1.5,
Class 4 (flammable solids) and Class 5 materials transported by vessel.
Paragraph (a) requires Class 4 (flammable solid) material and Division
5.2 (organic peroxide) materials to be kept as cool as reasonably
practicable and be stowed away from all sources of heat and ignition.
    PHMSA is revising paragraph (a) to read ``Class 4 (flammable solid)
material and Division 5.2 (organic peroxide) material must be kept as
cool as reasonably practicable, protected from sources of heat, and
away from potential sources of ignition.'' These changes incorporate
the definitions of ``protected from sources of heat'' and ``potential
or possible sources of ignition.''
    Paragraph (b) of this section requires Division 5.2 (organic
peroxide) material to be stowed away from living quarters or access to
them. Division 5.2 (organic peroxide) substances not requiring
temperature control should be protected from radiant heat, which
includes direct rays of the sun, and stowed in a cool, well-ventilated
area.
    PHMSA is amending paragraph (b) to replace ``should be protected
from radiant heat, which includes direct rays of the sun, and stowed in
a cool, well-ventilated area'' with ``must be protected from sources of
heat, including radiant heat and strong sunlight, and must be stowed in
a cool, well-ventilated area.'' These changes are being made to
incorporate the definitions of ``protected from sources of heat''
harmonize with the IMDG Code, and to emphasize that protecting
shipments of organic peroxides not requiring temperature control from
sources of heat is a requirement and not optional.
Section 176.600
    Section 176.600 prescribes detailed requirements for Division 2.3
(Poisonous Gas) and Division 6.1 (Poisonous) materials transported by
vessel. Paragraph (d) of this section requires each package of Division
2.3 (poisonous gas) material or Division 6.1 (poison) material that
also bears a FLAMMABLE LIQUID or FLAMMABLE GAS label must be stowed in
a mechanically ventilated space, kept as cool as reasonably
practicable, and be stowed away from all sources of heat and ignition.
    PHMSA is revising paragraph (d) to replace ``stowed away from all
sources of heat and ignition'' with ``protected from sources of heat
and stowed away from potential sources of ignition.'' These changes
incorporate the definitions of ``protected from sources of heat'' and
``potential or possible sources of ignition.''
    PHMSA received one comment from Horizon requesting that the
mechanically ventilated space and protected from sources of ignition
stowage requirements be applied only to 2.3 materials and 6.1 materials
that are toxic by inhalation. The proposal in the NPRM was done solely
to change the terminology based on the adoption of new international
definitions for ``protected from sources of heat'' and ``potential or
possible sources of ignition.'' No changes to the actual commodities
that require such segregation were proposed or will be implemented in
this rulemaking.
Section 176.907
    Section 176.907 is created to incorporate cargo transport
requirements for shipments of UN2211, Polymeric Beads, Expandable
evolving flammable vapor and UN3314, Plastics Molding Compound in
dough, sheet or extruded rope form, evolving flammable vapor. Several
cases of damage to cargo transport units were presented to the IMO with
the root cause being identified as the release of flammable pentane gas
during transportation of shipments UN2211 and UN3314. To address the
concerns presented by off gassing of flammable vapors which lead to a
rise in pressure that may damage cargo transport units, the IMO
instituted measures to ensure an adequate exchange of air within the
cargo transport unit is provided. PHMSA is harmonizing with the recent
changes to the IMDG and addressing safety concerns presented by the off
gassing of flammable vapors from shipments of UN2211 and UN3314 by
requiring that when UN2211 or UN3314 are transported by vessel, the
cargo transport unit must provide an adequate exchange of air. This
adequate exchange of air may be accomplished by using a ventilated
container, an open-top container, or a container in one door off
operation. As an alternative to these methods of air exchange, shippers
may transport these cargos under temperature control in refrigerated
cargo transport units. Exceptions to the cargo transport unit providing
an adequate exchange of air requirement are provided for shipments
packed in hermetically sealed packagings or IBCs which conform to the
packing group II performance level for liquid dangerous goods in which
the total pressure in the package (i.e., the vapor pressure of the
liquid plus the partial pressure of air or other inert gasses less 100
kPa (15 psia)) with a filling temperature of 55[deg] C (131[deg] F)
does not exceed two-thirds of the marked test pressure. Cargo transport
units containing shipments of UN2211 or UN3314 must be marked with a
warning mark including the words ``CAUTION--MAY CONTAIN FLAMMABLE
VAPOR'' or ``CAUTION--MAY CONTAIN FLAMMABLE VAPOUR'' with lettering not
less than 25 mm high. This mark must be affixed at each access point in
a location where it will be easily seen by persons prior to opening or
entering the cargo transport unit and must remain on the cargo
transport unit until the cargo transport unit has been completely
ventilated to remove any hazardous concentration of vapor or gas, the
immediate vicinity of the cargo transport unit is clear of any source
of ignition, and the goods have been unloaded.
    PHMSA received one comment from IVODGA requesting a further
exception

for shipments that do not meet the ventilation requirements or the
packaging requirements of the proposed section. IVODGA asked PHMSA to
allow freight containers or transport vehicles containing these
shipments not meeting the conditions of the proposed 176.907 to be
allowed to be transported on vessel using on-deck stowage and stowed
away from sources of potential ignition. PHMSA does not see a need to
allow for less protective stowage provisions than the IMDG Code
provides for these commodities. While the suggested stowage location
and provisions proposed by IVODGA do represent a certain degree of
caution; the adopted and harmonized requirements provide additional
protection from the potential offgassing of pentane from these
commodities; and thus PHMSA is adopting the changes as proposed in the
NPRM.

Part 178

Section 178.71
    Section 178.71 prescribes specifications for UN pressure
receptacles. In this final rule PHMSA is incorporating by reference ISO
13340:2001(E) Transportable gas cylinders--Cylinder valves for non-
refillable cylinders--Specification and prototype testing, First
edition, 2004-04-01. Non-refillable pressure receptacles must comply
with cylinder valve requirements from ISO 13340. ISO 13340 was
incorrectly proposed for addition to Sec.  178.274(i) in the NPRM.
PHMSA is correcting this proposal by incorporating this standard into
the correct sections and requiring non-refillable pressure receptacles
to comply with cylinder valve requirements in ISO 13340.
Section 178.512
    Section 178.512 prescribes the standards, packaging identification
codes, and construction requirements for steel and aluminum boxes (4A
and 4B boxes). To incorporate the authorization for use of 4N boxes
(metal other than steel or aluminum), the title of the section is
revised to ``Standards for steel, aluminum or other metal boxes.''
Section 178.512 is also revised to include the authorized packaging
identification code, 4N, for other metal boxes, and expand the
construction requirements of the section to include these packagings.
Subsequent changes are made throughout the section to address the
inclusion of 4N other metal boxes.
Section 178.603
    Section 178.603 prescribes the drop test requirements for non-bulk
packagings in the HMR. Section 178.603 provides that a drop test must
be conducted for the qualification of all packaging design types, and
further provides that exceptions for the number of steel and aluminum
packaging samples used for conducting the drop test are subject to the
approval of the Associate Administrator. Currently, paragraph (a) of
this section contains a table that outlines specific types of
packagings and the corresponding number of samples that should be
tested and the drop orientation of those samples. In this final rule,
PHMSA is revising this table by including ``other metal boxes'' to the
listed packagings. To incorporate the authorization for use of 4N boxes
(metal other than steel or aluminum), Sec.  178.603 is revised to
require the drop test for other metal (4N) boxes, and authorize
exceptions, subject to the approval of the Associate Administrator, for
the number of samples used for conducting the drop test of these
packagings.
Section 178.705
    Section 178.705 prescribes standards for metal IBCs. Paragraph
(a)(3) indicates that IBC specifications 31A, 31B, and 31N are
authorized for both liquids and solids. PHMSA is revising this sentence
editorially by removing the authorization to package solids in
specification 31 IBCs as the specification is only assigned to liquid
substances. This editorial change is consistent with the Sec.  172.102
IBC Code Table revisions in paragraph (c)(4) and other IBC standards
(e.g., Sec.  178.707(a)(5)) prescribed in subpart N of part 178.
Section 178.910
    Section 178.910 prescribes the marking requirements for
specification Large Packaging design types. Paragraph (a)(1) of this
describes the size specifications and format of the marking
requirements. In this final rule, PHMSA is clarifying these
requirements by indicating that for large packages manufactured after
January 1, 2014 the minimum marking size must be 12 mm in height.
    Furthermore, paragraph (b) of this section is now reserved.
However, we are adding a paragraph (b) indicating that for all Large
Packages manufactured, repaired or remanufactured after January 1, 2015
the large package must be marked with the symbol applicable to a Large
Package designed for stacking or not designed for stacking, as
appropriate. This language will be accompanied by an example of such a
mark.
Section 178.980
    Section 178.980 prescribes the procedures for conducting the
stacking test for qualification of all Large Packaging design types.
Paragraph (e)(1) describes the criterion a metal or rigid plastic Large
Packaging must meet to be considered as successfully passing the
stacking test. While paragraph (e) addresses metal or rigid plastic
Large Packagings, the criterion that a fiberboard or wooden Large
Packaging must meet to be considered as successfully passing the
stacking test is omitted.
    Therefore, in this final rule, we are correcting this omission, by
adding a new paragraph (e)(2) that addresses the criterion for
fiberboard or wooden Large Packagings to pass the test and
redesignating the following paragraphs accordingly.
Subpart R
    Currently, the HMR do not contain specifications for FBCs. In this
final rule, PHMSA is adopting the specification, construction, and
testing requirements for FBCs. On February 2, 2010, PHMSA published a
final rule in the Federal Register under Docket Number PHMSA-2006-
25736 (HM-231) [75 FR 4699] entitled ``Hazardous Materials;
Miscellaneous Packaging Amendments.'' In HM-231, specification and
testing requirements were adopted for Large Packagings. The
specification and testing requirements for FBCs are modeled on the
regulatory structure adopted for Large Packagings in HM-231. Thus, new
subpart R of part 178 entitled ``Subpart R--Flexible Bulk Container
Standards'' is added.
Section 178.1000
    PHMSA is adopting new Sec.  178.1000 entitled ``Purpose and
scope.'' This section prescribes the packaging designs to which Subpart
R applies and the location in the HMR where terms used in the subpart
are defined.
Section 178.1005
    In this final rule, PHMSA is adding new Sec.  178.1005 entitled
``Flexible Bulk Container Identification Code.'' This section provides
the identification code (i.e. BK3) assigned to FBCs.
Section 178.1010
    In this final rule, PHMSA is adding new Sec.  178.1010 entitled
``Marking of Flexible Bulk Containers.'' This section prescribes the
markings the manufacturer of an FBC must mark on

a package to indicate the FBC meets the specification. The marking
requirements for FBCs are based on the current marking requirements for
IBCs prescribed in Sec.  178.703.
Section 178.1015
    In this final rule, PHMSA is adding new Sec.  178.1015 entitled
``General Flexible Bulk Container Standards.'' This section prescribes
the general packaging integrity requirements an FBC design must meet.
Section 178.1020
    In this final rule, PHMSA is adding new Sec.  178.1020 entitled
``Period of use for transportation of hazardous materials in Flexible
Bulk Containers.'' This section prescribes the length of time an FBC
may be used to package hazardous materials. Specifically, this section
states that an FBC used to package hazardous materials may remain in
service not to exceed two years from the date of manufacture.
Subpart S
    Currently, the HMR do not prescribe testing criteria for FBCs.
PHMSA is adopting testing protocol for FBCs. On February 2, 2010, PHMSA
published a final rule in the Federal Register under Docket Number
PHMSA-2006- 25736 (HM-231) [75 FR 4699] entitled ``Hazardous Materials;
Miscellaneous Packaging Amendments.'' In HM-231, specification and
testing requirements were adopted for Large Packagings. The test
protocol proposed in this final rule for FBCs are modeled on the
regulatory structure adopted for Large Packagings in HM-231. Thus, new
subpart S of part 178 entitled ``Subpart S--Testing of Flexible Bulk
Container Standards'' is added.
Section 178.1030
    In this final rule, PHMSA is adopting Sec.  178.1030 entitled
``Purpose and scope.'' This section prescribes the applicability to
which the Subpart S tests apply.
Section 178.1035
    In this final rule, PHMSA is adopting Sec.  178.1035 entitled
``General requirements.'' This section prescribes the general packaging
requirements for FBCs and addresses the following topics: FBC-related
definitions; defining responsibility for compliance with specification
requirements; design qualification testing; periodic design testing;
proof of compliance; and record retention.
Section 178.1040
    In this final rule, PHMSA is adopting test preparation requirements
for FBCs in new Sec.  178.1040 entitled ``Preparation of Flexible Bulk
Containers for Testing.'' This section specifies the general test
preparation requirements applicable to all tests an FBC is required to
successfully pass.
Section 178.1045
    In this final rule, PHMSA is adopting requirements for drop tests
conducted on FBCs. A drop test is used to measure a packaging's ability
to withstand falls from specific heights and is used to determine if a
package is suitable to transport hazardous materials. Thus, PHMSA is
adding a new Sec.  178.1045 entitled ``Drop test.'' This section
prescribes the preparation of test samples, test methods authorized,
drop heights, and criteria for passing the drop test.
Section 178.1050
    In this final rule, PHMSA is adopting requirements for top lift
tests conducted on FBCs. A top lift test measures a package's ability
to be moved mechanically by lifting the package by its top end and is
used to determine if a package is suitable to transport hazardous
materials. Thus, PHMSA is adding new Sec.  178.1050 entitled ``Top lift
test.'' This section prescribes requirements for the preparation of
test samples, test methods authorized, and criteria for passing the top
lift test.
Section 178.1055
    In this final rule, PHMSA is adopting requirements for stacking
tests conducted on FBCs. A stacking test is used to measure a
packaging's ability to withstand other packages placed on top of it and
is used to determine if a package is suitable to transport hazardous
materials. Thus, PHMSA is adding new Sec.  178.1055 entitled ``Stacking
test.'' This section prescribes requirements for the preparation of
test samples, test methods authorized, and criteria for passing the
stacking test.
Section 178.1060
    In this final rule, PHMSA is adopting requirements for topple tests
conducted on FBCs. A topple test is used to measure a packaging's
ability to withstand tipping of the package and is used to determine if
a package is suitable to transport hazardous materials. Thus, PHMSA is
adding new Sec.  178.1060 entitled ``Topple test.'' This section
prescribes the preparation of test samples, test methods authorized,
topple height, and criteria for passing the topple test.
Section 178.1065
    In this final rule, PHMSA adopting requirements for righting tests
conducted on FBCs. A righting test is used to measure a packaging's
ability to withstand lifting from a lying position at a given rate of
speed and is used to determine if a package is suitable to transport
hazardous materials. Thus, PHMSA is adding new Sec.  178.1065 entitled
``Righting test.'' This section prescribes the preparation of test
samples, test methods authorized, and criteria for passing the righting
test.
Section 178.1070
    In this final rule, PHMSA is adopting requirements for tear tests
conducted on FBCs. A tear test is used to measure a packaging's ability
to withstand shearing and tearing that may be encountered during
transportation, such as loading and unloading, and is used to determine
if a package is suitable to transport hazardous materials. Thus, PHMSA
is adding new Sec.  178.1070 entitled ``Tear test.'' This section
prescribes the preparation of test samples, test methods authorized,
and criteria for passing the tear test.

V. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the following statutory
authorities:
    1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous materials in intrastate, interstate, and foreign commerce.
This final rule amends regulations to maintain alignment with
international standards by incorporating various amendments, including
changes to proper shipping names, hazard classes, packing groups,
special provisions, packaging authorizations, air transport quantity
limitations and vessel stowage requirements. To this end, this final
rule amends the HMR to more fully align with the biennial updates of
the UN Model Regulations, the IMDG Code, and the ICAO Technical
Instructions.
    Harmonization serves to facilitate international commerce; at the
same time, harmonization promotes the safety of people, property, and
the environment by reducing the potential for confusion and
misunderstanding that could result if shippers and transporters were
required to comply with two or more conflicting sets of regulatory
requirements. While the intent of this rulemaking is to align the HMR
with international standards, we review and consider each amendment

on its own merit based on its overall impact on transportation safety
and the economic implications associated with its adoption into the
HMR. Our goal is to harmonize without sacrificing the current HMR level
of safety and without imposing undue burdens on the regulated
community. Thus, as explained in the corresponding sections above, we
are not harmonizing with certain specific provisions of the UN Model
Regulations, the IMDG Code, and the ICAO Technical Instructions.
Moreover, we are maintaining a number of current exceptions for
domestic transportation that should minimize the compliance burden on
the regulated community. Additionally, the following external agencies
were consulted in the development of this rule:

U.S. Coast Guard
U.S. Department of Agriculture (USDA)
U.S. Department of Energy
U.S. Department of Interior
U.S. Department of Justice

    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. This final rule is
amending the HMR to maintain alignment with international standards by
incorporating various amendments to facilitate the transport of
hazardous material in international commerce. To this end, as discussed
in detail above, PHMSA is incorporating changes into the HMR based on
the 17th Revised Edition of the UN Model Regulations, Amendment 36-12
to the IMDG Code, and the 2013-2014 ICAO Technical Instructions, which
become effective January 1, 2013. The large volume of hazardous
materials transported in international commerce warrants the
harmonization of domestic and international requirements to the
greatest extent possible.

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

    This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 (``Regulatory Planning and
Review'') and, therefore, was not reviewed by the Office of Management
and Budget. This final rule is not considered a significant rule under
the Regulatory Policies and Procedures of the Department of
Transportation (44 FR 11034). Additionally, E.O. 13563 (``Improving
Regulation and Regulatory Review'') supplements and reaffirms E.O.
12866, stressing that, to the extent permitted by law, an agency
rulemaking action must be based on benefits that justify its costs,
impose the least burden, consider cumulative burdens, maximize
benefits, use performance objectives, and assess available
alternatives.
    Economic Benefits to Harmonization. In this final rule, PHMSA is
incorporating by reference the most recent versions of various
international hazardous materials standards, including the 2013-2014
ICAO Technical Instructions, Amendment 36-12 to the IMDG Code, and the
17th Revised Edition of the UN Model Regulations. Additionally, PHMSA
is updating its incorporation by reference of the Canadian
Transportation of Dangerous Goods Regulations to include Amendment 8
(SOR/2011-239) October 27, 2011; Amendment 9 (SOR/2011-60) March 3,
2011; and Amendment 10 (SOR/2011-210) September 30, 2011. Lastly, PHMSA
is adopting updated International Standards Organization (ISO)
standards.
    The primary benefit of harmonizing the U.S. Hazardous Materials
Regulations (HMR) with the international hazardous materials standards
noted previously is that it will reduce the regulatory compliance costs
faced by U.S. companies. Without harmonization, these companies will be
forced to comply with dual systems of regulations, and as a result will
incur higher compliance costs than would be encountered under a single
regulatory scheme. The benefit of harmonization attributable to this
rulemaking is the difference in regulatory compliance costs faced by
companies operating under a single regulatory framework instead of
multiple regulatory frameworks.
    If the U.S. regulations were not harmonized with the international
standards mentioned above, we estimate that it would cost U.S.
companies an additional $62 million per year to comply with both the
HMR and the international standards. Harmonizing the HMR with the
international standards, however, will avert these $62 million in
additional costs, and these averted costs are therefore considered the
primary benefit attributable to this rulemaking.
    The $62 million estimate is based on the assumption that in the
absence of harmonization both exporters and importers would have to
adhere to two separate hazard communication systems, one used for the
transportation of materials within the United States and one used for
the transportation of materials outside the United States. Exporters