label requirements for consistency with changes made to the
classification of these materials under amendments to Column (3) (see
above). The Class 3 (flammable liquid), Class 8 (corrosive), or
Division 5.1 (oxidizer) primary hazard labels, as appropriate, and the
Division 6.1 (poisonous) subsidiary hazard label are revised to a
Division 6.1 (poisonous) material primary hazard label and Class 3,
Class 8, or Division 5.1 subsidiary hazard label to read ``6.1, 3,''
``6.1, 8,'' or ``6.1, 5.1,'' as appropriate.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN2481..............................................  Ethyl isocyanate.
UN2486..............................................  Isobutyl isocyanate.
UN2483..............................................  Isopropyl isocyanate.
UN3079..............................................  Methacrylonitrile, stabilized.

UN2605..............................................  Methoxymethyl isocyanate.
UN1810..............................................  Phosphorous oxychloride.
UN1834..............................................  Sulfur chloride.
UN1838..............................................  Titanium tetrachloride.
----------------------------------------------------------------------------------------------------------------

    The entry ``Chlorosilanes, toxic, corrosive, flammable, n.o.s.,
UN3362'' is revised by correctly ordering the sequence of labeling
hazards to reflect the proper shipping name to read ``6.1, 8, 3.''

Amendments to the Column (7) Special Provisions

    The entry ``Chloropicrin, UN1580'' is revised by replacing the
portable tank instruction T Code T14 with T22. The UN Committee of
Experts on the Transport of Dangerous Goods revised the T Code
assignment for a number of Division 6.1 (toxic-by-inhalation) materials
from T14 to T22. Assigning T22 requires a higher pressure for the
periodic hydrostatic test (6 bar to 10 bar) and a thicker minimum shell
thickness (6 mm to 10 mm). Therefore, for consistency with revisions
made to the T Code assignments under the sixteenth revised edition of
the UN Model Regulations, we are revising the T Code to read T22.
    The entry ``Compressed gas, n.o.s., UN1956'' is revised by deleting
special provision 77 which authorizes the use of this entry for
mixtures of gases with less than 23.5% oxygen when no other oxidizing
gases are present. Because we are modifying the definition of oxidizing
gas in Sec.  171.8 of the HMR to indicate that ``a gas which may, by
providing oxygen, cause or contribute to the combustion of other
material more than air does means pure gases or gas mixtures with an
oxidizing power greater than 23.5% oxygen'' and because the entry
``Compressed gas, oxidizing, n.o.s., UN3156'' is currently available in
the HMT, the special provision is redundant and no longer necessary.
    The entry ``Environmentally hazardous substance, solid, UN3077'' is
revised by adding new special provision A112 authorizing the
transportation of certain IBCs containing this material up to a maximum
net quantity of 1,000 kg by passenger or cargo-only aircraft.
    The entry ``Ethylene oxide or Ethylene oxide with nitrogen up to a
total pressure of 1 MPa (10 bar) at 50 degrees C, UN1040 is revised by
deleting special provision A59 and adding new special provision 342.
The provisions in A59 applied only to air transport but they now apply
to all modes under new Special provision 342. See Section 172.102
special provisions for a discussion of new special provision 342.
    The entry ``1-Hydroxybenzotriazole, monohydrate, UN3474'' is
revised by deleting special provision 162. Special provision 162
requires that for the material to be transported as a Division 4.1
desensitized material, it must be transported in such a manner that at
no time during the course of transportation does the percentage
concentration of water fall below 20%. Anhydrous hydroxybenzotriazole
rapidly converts to the monohydrate form in the presence of water, that
is, the thermally stable form of the substance. Additionally, tests
have indicated that the monohydrate maintains its water content under
temperature conditions encountered in storage and transport over
extended periods of time. This conforms to the intent of the provisions
specified in special provision 162 and therefore, we are deleting
special provision 162 from the entry.
    The entry ``Motor fuel anti-knock mixtures, UN1649'' is revised by
deleting special provision 151. Special provision 151 requires that if
this material also meets the definition of a Class 3 (flammable) liquid
under Sec.  173.120 of the HMR, a FLAMMABLE LIQUID label is required
and the basic description on the shipping paper must indicate the Class
3 subsidiary hazard. However, because of the addition of the new entry
``Motor fuel anti-knock mixtures, flammable, UN3483'' which indicates a
Class 3 subsidiary hazard, we believe it is no longer necessary to
assign special provision 151 to this entry.
    The entry ``Nitrogen, refrigerated liquid cryogenic liquid,
UN1977'' is revised by adding new special provisions 345 and 346. See
Section 172.102 special provisions for a discussion of new special
provisions 345 and 346.
    The entry ``Oxygen, compressed, UN1072'' is revised by adding
special provision 110 authorizing an actuating cartridge (e.g., power
device cartridges of Division 1.4, compatibility groups C and S) to be
installed on a cylinder containing oxygen without changing the
classification of Division 2.2. See Section 172.102 special provisions
for a discussion of our revision to special provision 110.
    The entry ``Pentaerythrite tetranitrate or Pentaerythritol
tetranitrate or PETN, with not less than 7 percent wax by mass, 0411)''
is revised by assigning special provision 120 to the entry. A final
rule published in the Federal Register under Docket HM-215B (62 FR
24689, May 6, 1997), added special provision 120 to Sec.  172.102(c)(1)
of the HMR and assigned it to one of the phlegmatized HMT entries for
PETN (UN0411). In this final rule, PHMSA is reassigning special
provision 120 to UN0411 in Column (7) of the HMT because it never
appeared in the subsequent printing of the HMR but the requirement
remains valid.
    The entry ``Petroleum crude oil, UN1267'' is revised by adding new
special provision 357 instructing a shipper, if applicable, to use the
entry ``Petroleum sour crude oil, flammable, toxic, UN3494'' for
petroleum crude oil containing hydrogen sulfide in sufficient
concentration that vapors evolved from the crude oil can present an
inhalation hazard when this material is offered for transportation
internationally. See Section 172.102 Special provisions for a
discussion of special provision 357.
    The entry ``Zinc ammonium nitrate, UN1512'' is revised by deleting
special provision IP2 which requires IBCs other than metal or rigid
plastic IBCs to be offered for transportation in a closed freight
container or a closed transport vehicle.
    The following Division 1.4, Compatibility Group S (1.4S) explosive
article entries in the HMT are revised by adding new special provision
347 which limits the use of the entries to only those articles that
have successfully passed Test series 6(d) of Part I of the UN Manual of
Tests and Criteria. For clarity, we are also adding the special
provision to the entry ``Cartridges, power device (used to project
fastening devices), ORM-D'' to indicate that the requirements for
special provision 347 also apply to Division 1.4S articles that may be
reclassed as ORM-D. See Section 172.102 Special Provisions for a
discussion of new special provision 347.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN0323..............................................  Cartridges, power device.
UN0460..............................................  Charges, bursting, plastics bonded.
UN0445..............................................  Charges, explosive, commercial without detonator.

UN0441..............................................  Charges, shaped without detonator.
UN0500..............................................  Detonator assemblies, non-electric for blasting.
UN0456..............................................  Detonators, electric for blasting.
UN0366..............................................  Detonators for ammunition.
UN0455..............................................  Detonators, non-electric for blasting.
----------------------------------------------------------------------------------------------------------------

    The following Division 6.1 (toxic-by-inhalation) materials entries
are revised by replacing the portable tank instruction T Code T22 with
T20. The UN Committee of Experts on the Transport of Dangerous Goods
revised the T Code assignment for a number of Division 6.1 (toxic-by-
inhalation) materials from T14 to T20. Assigning T20 requires a higher
pressure for the periodic hydrostatic test (6 bar to 10 bar) and a
thicker minimum shell thickness (6 mm to 8 mm). This change is
consistent with the T Code assigned to the same materials in the HMT.
However, for the materials listed below, we assigned a T Code T22 which
requires a minimum shell thickness of 10 mm. We do not believe there
would be a safety risk in reducing the minimum shell thickness for
portable tanks containing these materials from 10 mm to 8 mm.
Therefore, for consistency with revisions made to the T Code
assignments under the sixteenth revised edition of the UN Model
Regulations as well as consistency with the current assignment of T20
to a number of other Division 6.1 (toxic-by-inhalation material)
entries, the T Code T20 would be assigned for the following materials.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN2484..............................................  tert-Butyl isocyanate.
UN2481..............................................  Ethyl isocyanate.
UN2486..............................................  Isobutyl isocyanate.
UN2483..............................................  Isopropyl isocyanate.
UN2605..............................................  Methoxymethyl isocyanate.
UN2482..............................................  n-Propyl isocyanate.
----------------------------------------------------------------------------------------------------------------

    The following Division 6.1 (toxic-by-inhalation) material entries
are revised by adding the portable tank special provision TP13 as a
conforming amendment to the changes to the PG assignment for these
materials (see Amendments to Column (5) above). Special provision TP13
requires the use of self-contained breathing apparatus when the
hazardous material is transported by vessel.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN2668..............................................  Chloroacetonitrile.
UN1810..............................................   Phosphorous oxychloride.
UN1834..............................................  Sulfur chloride.
UN2474..............................................  Thiophosgene.
----------------------------------------------------------------------------------------------------------------

    The following organometallic substance entries are revised by
adding portable tank special provision TP36 which authorizes use of
fusible elements in the vapor space on portable tanks transporting
these materials. See Section 178.275 for a discussion of the authorized
use of fusible elements on portable tanks.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3392..............................................  Organometallic substance, liquid, pyrophoric.
UN3394..............................................   Organometallic substance, liquid, pyrophoric, water-
                                                       reactive.
UN3398..............................................   Organometallic substance, liquid, water-reactive.
UN3399..............................................  Organometallic substance, liquid, water-reactive,
                                                       flammable.
UN3391..............................................  Organometallic substance, solid, pyrophoric.
UN3393..............................................  Organometallic substance, solid, pyrophoric, water-
                                                       reactive.
UN3400..............................................  Organometallic substance, solid, self-heating.
UN3395..............................................  Organometallic substance, solid, water-reactive.
UN3396..............................................  Organometallic substance, solid, water-reactive,
                                                       flammable.
UN3397..............................................  Organometallic substance, solid, water-reactive, self-
                                                       heating.
----------------------------------------------------------------------------------------------------------------

    The following Division 5.1 (oxidizer) substance entries are revised
by adding new special provision W1. Special provision W1 excepts these
substances from the HMR for vessel transport when transported in non-
friable prill or granule form provided the substance has been
successfully tested in accordance with the UN Manual of Tests and
Criteria.

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN1486...................................................  Potassium nitrate.
UN1498...................................................  Sodium nitrate.
UN1499...................................................  Sodium nitrate and potassium nitrate mixtures.
----------------------------------------------------------------------------------------------------------------

Amendments to the Column (8) Packaging Authorizations

    The four flammable liquid entries ``Alcohols, n.o.s., UN1987,''
``Ethanol, UN1170,'' ``Formaldehyde solutions, flammable, UN1198'' and
``Isopropanol, UN1219'' are revised in Column (8A) by adding reference
to Sec.  173.4b for additional exceptions for these materials. Section
173.4b prescribes the requirements for de minimis quantities of
hazardous materials offered for transportation and transported by all
modes, domestic or international. We

are adding a new paragraph (b) to except non-infectious specimens
(e.g., museum specimens) preserved with small amounts of certain Class
3 materials from the HMR as recently adopted in the international
standards. This amendment is consistent with previous interpretations
we have issued on this matter.
    The entry ``Hydrogen in a metal hydride storage system or Hydrogen
in a metal hydride storage system contained in equipment or Hydrogen in
a metal hydride storage system packed with equipment, UN3468'' is
revised in Column (8B) by deleting the reference to Sec.  173.214 for
authorized non-bulk packaging and adding new section reference Sec.
173.311. See Section 173.311 for a discussion of authorized packaging
provisions for hydrogen in a metal hydride storage system.
    The entry ``Polyester resin kit, UN3269'' is revised by amending
Columns (8A) and (8B) to read 165 in reference to packaging provisions
in Sec.  173.165. Column (8A) previously referred to Sec.  173.152 and
Column (8B) referred to Sec.  173.225 for authorized packaging. For
clarity and consistency, such articles are now subject to packaging
provisions incorporated into the HMR specific to these articles.

Amendments to the Column (9) Quantity Limitations

    We received three comments (3M, IATA, UPS) requesting that PHMSA
harmonize with ICAO Technical Instructions amendments that forbid the
transport of certain chlorosilane materials in passenger aircraft
(UN1818, UN2434, UN2437, UN2986, and UN2987).
    We agree. Our original intent was to incorporate these amendments
in the August 2010 proposed rule. Therefore, based on our intent and
comments received, the following entries are revised by amending the
Column (9A) package quantity limitations for passenger air and rail to
read ``Forbidden,'' consistent with the 2011-2012 ICAO Technical
Instructions:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN1818..............................................  Silicon tetrachloride.
UN2434..............................................  Diphenyldichlorosilane.
UN2437..............................................  Methylphenyldichlorosilane.
UN2986..............................................  Chlorosilanes, corrosive, flammable, n.o.s.
UN2987..............................................  Chlorosilanes, corrosive, n.o.s.
----------------------------------------------------------------------------------------------------------------

    The entries ``Medicine, liquid, flammable, toxic, n.o.s., UN3248,''
``Medicine, liquid, toxic, n.o.s., UN1851,'' and ``Medicine, solid,
toxic, n.o.s., UN3249'' are revised in the Column (9A) and (9B) package
quantity limitations authorizing a greater maximum quantity per package
consistent an changes made to the 2011-2012 ICAO TI.

Amendments to the Column (10) Vessel Stowage Requirements

    Vessel stowage location (10A). For the following materials, we are
revising the authorized stowage locations in Column (10A) by revising
the stowage category to read D. Assignment of stowage category D means
the material must be stowed ``on deck only'' on a cargo vessel and on a
passenger vessel carrying a number of passengers limited to not more
than the larger of 25 passengers or one passenger per each 3 meters of
overall vessel length. The material is prohibited on passenger vessels
in which the limiting number is exceeded.

----------------------------------------------------------------------------------------------------------------

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

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

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN1131..............................................  Carbon disulfide.
UN1259..............................................  Nickel carbonyl.
UN3392..............................................  Organometallic substance, liquid, pyrophoric.
UN3394..............................................  Organometallic substance, liquid, pyrophoric, water-
                                                       reactive.
UN3194..............................................  Pyrophoric liquid, inorganic, n.o.s.
UN2845..............................................  Pyrophoric liquids, organic, n.o.s.
----------------------------------------------------------------------------------------------------------------

Section 172.102 Special Provisions
    Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. PHMSA is
adopting the following revisions to Sec.  172.102, special provisions.
    Special provision 15 is revised by removing redundant regulatory
text applicable to ``Chemical kits, UN3316'' and ``First aid kits,
UN3316.''
    Special provision 40 is revised to indicate that ``Polyester resin
kit, UN3269'' requires specification outer packaging based on the PG
assigned to the base (Class 3) material unless excepted as a limited or
excepted quantity material. This revision is a clarification of the
existing requirement.
    Special provision 77 is deleted. Special provision 77 allows use of
the entry ``Compressed gas, n.o.s., UN1956'' for mixtures of gases with
less than 23.5% oxygen when no other oxidizing gases are present. PHMSA
is modifying the definition of oxidizing gas in Sec.  171.8 to state
that ``a gas which may, by providing oxygen, cause or contribute to the
combustion of other material more than air does,'' meaning, pure gases
or gas mixtures with an oxidizing power greater than 23.5% oxygen.
Because of the availability of the entry ``Compressed gas, oxidizing,
n.o.s., UN3156'' in the HMT, we believe special provision 77 is no
longer necessary.
    Special provision 78 is revised to direct shippers to use the entry
``Compressed gas, oxidizing, n.o.s., UN3156'' to describe compressed
air that contains pure gases or gas mixtures with an oxidizing power
greater than 23.5% oxygen. PHMSA is modifying the definition of
oxidizing gas in Sec.  171.8 of the HMR to indicate that ``a gas which
may, by providing oxygen, cause or contribute to the combustion of
other material more than air does,'' meaning, pure gases or gas
mixtures with an oxidizing power greater than 23.5% oxygen. Therefore,
we are revising this special provision to emphasize the revised
definition and use of the proper shipping description.
    Special provision 110 is revised to include oxygen cylinders for
emergency use. Fire extinguishers (UN1044) are assigned special
provision 110, which authorizes the installation of a cartridge power
device (of Divisions 1.4C and S) on the fire extinguisher without
changing its classification from Division 2.2, provided the actuating
cartridge does not contain deflagrating (propellant) explosives
exceeding 3.2 g. Many of these types of fire extinguishers are used in
commercial aircraft applications where the actuating cartridge is
necessary for remote activation to discharge the fire suppressant
contained in the cylinder. Similarly, commercial aircraft are being
designed to incorporate small oxygen cylinders in the overhead panels
above passenger seats to provide emergency oxygen in the event of a
depressurization. The design of the system is that a small actuating
cartridge attached to each cylinder will be initiated once the
passenger starts breathing into the mask, which will allow the flow of
oxygen from these cylinders. In connection with the manufacturing and
maintenance of the aircraft, it is necessary for these small cylinders
to be transported with the actuator installed. The principal hazard
presented by these oxygen cylinders remains that of Division 2.2, and
not the Division 1.4 explosive hazard of the actuating cartridge.
Therefore, in this final rule PHMSA is authorizing the transport of
oxygen cylinders for emergency use with an installed actuating
cartridge without changing the classification of Division 2.2 provided
that the total quantity of deflagrating (propellant) explosives does
not exceed 3.2 g per oxygen cylinder, and further provided that the
cylinders have an effective means of preventing inadvertent activation.
    Special provision 130 is revised in conformance with adoption of
new special provision 340 and new Sec.  172.101 HMT entry, ``Batteries,
nickel-metal hydride, UN3496,'' applicable to nickel-metal hydride
batteries transported by vessel. Two commenters (PRBA, Saft) requested
a revision to clarify the appropriate use of this special provision for
the transport of nickel-metal hydride batteries. We agree that special
provision 130 should be clarified to avoid confusion over appropriate
use of entries applying to nickel-metal hydride batteries. Because
these batteries are dry batteries, they are subject to conditions in
special provision 130, which outlines that the provision applies to dry
batteries when not specifically covered by another entry in the HMT.
Because there is now another entry for nickel-metal hydride batteries
that is modal specific, there is potential for confusion. We are
therefore adding language to special provision 130 clarifying that,
except for nickel-hydride batteries shipped under conditions specified
in special provision 340 for vessel transportation, nickel-metal
hydride batteries are covered by the entry ``Batteries, dry, sealed,
n.o.s.''
    In addition, one commenter (PRBA) suggested that we codify guidance
offered in several recently issued letters of interpretation (e.g.,
Ref. No. 09-0194) indicating our determination that spent or used dry
batteries of not more than 9 volts are not likely to generate a
dangerous quantity of heat, short circuit, or create sparks during the
normal course of transportation and thus, are not subject to the HMR
when transported for purposes of recycling, reconditioning, or
disposal. We agree. Therefore, in this final rule we are revising
special provision 130 by adding a conditional exception for the ground
transportation of spent or used dry batteries.
    For conformance with the addition of new proper shipping names for
UN3166, special provision 134 is revised to specify that a battery-
powered vehicle or equipment that also contains an internal combustion
engine must be consigned under the entry ``Engine, internal combustion,
flammable gas powered'' or ``Engine, internal combustion, flammable
liquid powered'' or ``Vehicle, flammable gas powered'' or ``Vehicle,
flammable liquid powered,'' as appropriate. These entries include
hybrid electric vehicles powered by both an internal combustion engine
and batteries. Furthermore, a battery-powered vehicle or equipment that
contains a fuel cell-powered engine must be consigned under the entry
``Engine, fuel cell, flammable gas powered'' or ``Engine, fuel cell,
flammable liquid powered'' or ``Vehicle, fuel cell, flammable gas
powered'' or ``Vehicle, fuel cell, flammable liquid powered,'' as
appropriate. These entries include hybrid electric vehicles powered by
a fuel cell, an internal combustion engine, and batteries.
    Special provision 135 is revised to specify that an internal
combustion engine installed in a vehicle must be consigned to the entry
``Vehicle, flammable gas powered'' or ``Vehicle, flammable liquid
powered,'' as appropriate. These entries include hybrid electric
vehicles powered by both an internal combustion engine and installed
wet, sodium or lithium batteries. If a fuel cell-powered engine is
installed in a vehicle, the vehicle must be consigned using the entry
``Vehicle, fuel cell, flammable gas powered'' or ``Vehicle, fuel cell,
flammable liquid powered,'' as appropriate. These entries include
hybrid electric vehicles powered by a fuel cell, an internal combustion
engine, and batteries.
    Special provision 149 is revised to indicate the exception provided
may not

be used for transportation by aircraft. This special provision
authorizes an increased amount of certain Class 3 (flammable liquid)
materials in PG II that are also consumer commodities. We received one
comment, from Safety Specialists, Inc. (SSI), opposing the elimination
of air eligibility for use of the exception provided in the special
provision. SSI asserts that because the materials currently authorized
to use the packaging exception provided by special provision 149 are
not ``extremely'' hazardous materials, they should continue to be
authorized in air transportation in far greater quantities per inner
packaging than are limited quantities packaged under the ICAO Technical
Instructions. We disagree. Standardization in today's safety culture
enhances safety, lowers training costs and facilitates commerce through
greater productivity. PHMSA has made concessions in this final rule,
such as lifting the Sec.  175.75 cargo compartment loading restriction
on packages of limited quantity materials, to offset per inner and
outer packaging limitations adopted through harmonization with the ICAO
Technical Instructions. We will also vigorously advocate for change at
the international level when warranted.
    Special provision 157 is deleted because the language of this
provision has been combined with the language of revised special
provision 135. Special provision 157 was assigned to the entries
``Vehicle, flammable gas powered'' and ``Vehicle, flammable liquid
powered'' and instructed shippers that these entries include hybrid
electric vehicles powered by both internal combustion engines and
installed wet, sodium or lithium batteries. This language is now in
special provision 135.
    Special provision 167 is revised to require a metal hydride storage
system installed in conveyances, to be approved by the Associate
Administrator before acceptance for transport. Special provision 167 is
also applicable, where appropriate, to UN3166 entries powered by fuel
cells.
    Special provision 198 is revised to include ``Perfumery products,
UN1266'' among the list of products that nitrocellulose solutions
containing not more than 20% nitrocellulose can be transported as.
PHMSA is also revising this provision to clarify that the
nitrocellulose may not contain more that 12.6% nitrogen by dry mass.
    A new special provision 340 is added to provide special instruction
for the vessel transport of nickel-metal hydride batteries (including
cells). Except for nickel-metal hydride button cells or nickel-metal
hydride cells or batteries packed with or contained in equipment, when
nickel-metal hydride batteries are loaded in a vessel cargo transport
unit in a total quantity of 100 kg gross mass or more, shipment of the
nickel-metal hydride batteries is subject to the shipping paper,
dangerous cargo manifest requirements under Sec.  176.30, and stowage
conditions assigned to the ``Batteries, nickel-metal hydride, UN3496''
entry in the Sec.  172.101 HMT. Additionally, the nickel-metal hydride
batteries are required to be securely packed and protected against a
dangerous evolution of heat, short circuits and damage to terminals.
    A new special provision 342 is added to be consistent with the
adoption of the same provisions in the UN Model Regulations and the
IMDG Code as well as amendments made to special provision A131 in the
ICAO Technical Instructions. The special provision allows sterilization
devices containing ethylene oxide conforming to the conditions in the
special provision and packaged in accordance with Sec.  173.4a of the
HMR to be offered for transportation and transported by all modes even
though Column (9A) of the Sec.  172.101 HMT lists the material as
forbidden by passenger aircraft. The addition of this special provision
coincides with the deletion of special provision A59 which restricted
the applicability of the special provision to air transport. See
Special provision A59 for additional discussion of this amendment.
    A new special provision 343 is added and assigned to the new HMT
entry ``Petroleum sour crude oil, flammable, toxic, UN3494,''
indicating that for international transportation, this entry in the HMT
must be used for petroleum crude oil containing hydrogen sulfide in
sufficient concentration that vapors evolved from the crude oil can
present an inhalation hazard. However, any bulk packaging used for the
domestic transport of petroleum crude oil would be required to be
marked in accordance with the new markings prescribed in Sec.  172.327
of the HMR to provide warning of the potential hazard from inhalation
of hydrogen sulfide vapors.
    A new special provision 345 is added excepting from the
requirements of the HMR ``Nitrogen, refrigerated liquid cryogenic
liquid, UN1977'' transported in open cryogenic receptacles with a
maximum capacity of 1 L. The receptacles must be constructed with glass
double walls having the space between the walls vacuum insulated and
each receptacle must be transported in an outer packaging with
sufficient cushioning and absorbent materials to protect the receptacle
from damage.
    A new special provision 346 is added excepting from the
requirements of the HMR ``Nitrogen, refrigerated liquid cryogenic
liquid, UN1977'' transported in accordance with the requirements for
open cryogenic receptacles in Sec.  173.320 of the HMR. The receptacle
must contain no hazardous materials other than the liquid nitrogen
which must be fully absorbed in a porous material in the receptacle.
    A new special provision 347 is added restricting the use of certain
HMT entries classed as Division 1.4S explosive materials to those
articles successfully passing Test series 6(d) of Part I of the UN
Manual of Tests and Criteria. See Section 172.101 Hazardous Materials
Table (HMT) for the list of proper shipping names that are assigned
special provision 347. A Division 1.4 explosive is defined as an
explosive that presents a minor explosion hazard such that hazardous
effects are confined to a package and no projection of fragments of
appreciable size or range are expected; and that an external fire must
not cause virtually instantaneous explosion of almost the entire
contents of a package containing a Division 1.4 explosive. Under Sec.
173.58 of the HMR, an explosive article or substance is subjected to
Test Series 6(a), 6(b), and 6(c) for assignment to an appropriate
division (e.g. Division 1.4). Explosive articles or substances are
assigned to Division 1.4, Compatibility Group S (1.4S) if hazardous
effects are confined within a package or the blast and projection
effects do not significantly hinder emergency response efforts. Test
Series 6(a), 6(b), and 6(c) address hazard effects from exposure of the
package to a fire but do not address whether hazardous effects from
functioning of the articles or substances is confined within the
package. PHMSA is concerned that there is a possibility that products
classified as Division 1.4S based on behavior in a fire according to
test procedures of Type 6(c) may still produce a hazardous effect that,
when initiated, is not confined to a package. Initiation or ignition as
a result of fire, after the package is degraded, may produce different
results from functioning with the intended means of ignition or
initiation. Knowledge of the behavior of the article or substance in
both cases is needed to allow proper classification.
    As discussed in the comment summary in response to the NPRM, PHMSA
is requiring the Type 6(d) test as prescribed in Section 16.7 of the
fifth revised edition of the UN Manual of Tests and Criteria in the new
special provision 347. For affected articles intended for
transportation by aircraft,

the compliance date of this new requirement is July 1, 2011. If a
manufacturer or approval holder of affected articles previously classed
and approved as Division 1.4S chooses to continue offering such
shipments as Division 1.4S material by aircraft, the articles must be
successfully tested under Test Series 6(d) and a new approval obtained
from PHMSA. Additionally, a previously classed and approved Division
1.4S article that is not successfully tested under Test Series 6(d)
must be assigned to a compatibility group other than S (e.g., B, C, or
D) prior to being transported by aircraft. Based on knowledge that an
article or substance will not pass the Type 6(d) test, a manufacturer
or approval holder may choose to have a previously approved Division
1.4S explosive reassigned to a different compatibility group based on
existing data and recommendation by a PHMSA-approved explosives testing
and examination facility in lieu of conducting the Type 6(d) test. For
new Division 1.4S articles approved prior to January 1, 2012 intended
for domestic highway or rail transportation only, the compliance date
for testing to maintain Division 1.4S classification or reassignment to
a higher compatibility group other than S is January 1, 2014. For
international highway, rail and vessel transportation and domestic
vessel transportation, the compliance date for Type 6(d) testing or
reassignment for new and previously produced affected articles is
January 1, 2012.
    A new special provision 349 is added and assigned to
``Hypochlorites, inorganic, n.o.s., UN3212'' to specify that transport
of mixtures of hypochlorite and an ammonium salt is forbidden.
    A new special provision 350 is added and assigned to ``Bromates,
inorganic, n.o.s., UN1450'' and ``Bromates, inorganic, aqueous
solution, n.o.s., UN3213'' to specify that transport of ammonium
bromate and its aqueous solutions and mixtures of a bromate and an
ammonium salt is forbidden.
    A new special provision 351 is added and assigned to ``Chlorates,
inorganic, n.o.s., UN1461'' and ``Chlorates, inorganic, aqueous
solution, n.o.s., UN3210'' to specify that transport of ammonium
chlorate and its aqueous solutions and mixtures of a chlorate and an
ammonium salt is forbidden.
    A new special provision 352 is added and assigned to ``Chlorites,
inorganic, n.o.s., UN1462'' to specify that transport of ammonium
chlorite and its aqueous solutions and mixtures of a chlorite and an
ammonium salt is forbidden.
    A new special provision 353 is added and assigned to
``Permanganates, inorganic, n.o.s., UN1482'' and ``Permanganates,
inorganic, aqueous solution, n.o.s., UN3214'' to specify that transport
of ammonium permanganate and its aqueous solutions and mixtures of a
permanganate and an ammonium salt is forbidden.
    A new special provision 357 is added and assigned to the entry
``Petroleum crude oil, UN1267'' to clarify that when transported
internationally, petroleum crude oil containing hydrogen sulfide in
sufficient concentration that vapors evolved from the crude oil can
present an inhalation hazard must be transported under the entry
``Petroleum sour crude oil, flammable, toxic, UN3494.'' As discussed in
detail in response to comments submitted to the ANPRM, for domestic
transportation, use of the toxic description is not required; however,
a bulk package is required to be marked in accordance with the
requirement of new Sec.  172.327 of the HMR. See Section 173.327 for a
discussion of the marking requirement.
    In the August 2010 NPRM, PHMSA proposed to revise special provision
A59 for consistency with amendments made to special provision A131 of
the 2011-2012 ICAO Technical Instructions. Special provision A59 allows
sterilization devices containing ethylene oxide to be offered for
transportation and transported by air under the excepted quantity
provisions of Sec.  173.4a of the HMR. One commenter (Andersen)
supported the amendments to A59 but noted that the special provision
originally appearing in the ICAO Technical Instructions (as special
provision A131) applicable to air transport has been adopted in the UN
Model Regulations as special provision 342 for use by other modes of
transport. Additionally, special provision 342 is also to be
incorporated into the IMDG Code. The commenter questioned the
appropriateness of adopting an ``A'' prefix special provision which
limits the special provision, to air transport only. Andersen stated:

    In the preamble to the [NPRM], on page 53085, PHMSA observes
that ``Special provision A59 allows for sterilization devices
containing ethylene oxide to be offered for transportation and
transported by air (and thereby all modes) under the excepted
quantity provisions of Sec.  173.4a'' (emphasis added) * * *
notwithstanding PHMSA's statement in regard to the multi-modal
applicability of this special provision, it is not at all clear from
the wording of Sec.  172.102(c)(2) [A59] * * * that this special
provision extends to all modes of transport.

    The commenter suggested that, in order to achieve complete
harmonization and for greater clarity of the applicability of the
special provision, PHMSA revise the applicability of the special
provision to all modes and not restrict the special provision to air
transport through the use of the ``A'' prefix as currently implemented.
    We agree. Therefore, in this final rule we are deleting Special
provision A59 and adopting new Special provision 342 which applies
conditions for transportation of sterilization devices containing
ethylene oxide to all modes of transportation.
    A new Special provision A112 is added authorizing the
transportation of certain IBCs by passenger and cargo-only aircraft
that contain up to a maximum net quantity of 1,000 kg of an
``Environmentally hazardous substance, solid, n.o.s. UN3077.'' This
amendment is consistent with the authorization in the 2011-2012 ICAO
Technical Instructions.
    In paragraph (c)(4), the Table 1 (IBC Codes) are editorially
revised to remove UN Specifications 31A, 31B and 31N from IBC Codes
IB4, IB5, IB6, IB7, and IB8. This revision is consistent with
amendments to international standards and removes the specifications
from the indicated codes in the table because IBC Codes IB4 through IB8
are assigned to solids, whereas, UN Specifications 31A, 31B, and 31N
are authorized for transportation of liquids in IBC Codes IB1 through
IB3 which are assigned to liquid materials only.
    Paragraph (c)(7) outlines provisions that apply to the
transportation of hazardous materials in UN portable tanks. Two
commenters (DGAC, PSA) requested that PHMSA revise Sec.  172.102(c)(7)
to allow shipment of solid materials in certain portable tanks using
bottom outlets. PSA stated:

    At the recommendation of the United States, new provisions
governing the use of bottom outlets on portable tanks were adopted
in the [UN] Model Regulations * * * However, the United States does
not follow its own recommendation in the Proposed Rule * * * To date
* * * the HMRs flatly prohibit the use of bottom outlets for solids
referenced in the American proposal to the U.N. In the Table of
Portable Tank T Codes T1-22, which appears in 49 C.F.R. Sec.
172.102(c)(7), instructions T9 and T21 indicate ``prohibited'' in
the column designated ``bottom outlet requirements.'' The text of
Sec.  172.101(c)(7)(ii) explains that the word ``prohibited'' in
that column of the Table ``means bottom openings are prohibited.''
In the Proposed Rule, and without explanation, the agency did not
propose to adopt its own bottom outlet provision.

    In the interest of harmonization with specific regard to the
January 1, 2011

effective date for international regulations, the commenters urged
PHMSA to adopt the provisions we successfully persuaded international
organizations to adopt.
    We agree. In the paper submitted to the UN Sub-Committee of Experts
(UNSCOE) on the Transport of Dangerous Goods (see UN document ST/SG/
AC.10/C.3/2007/24 available at http://www.unece.org/trans/main/dgdb/dgsubc/c32007.html), the U.S. successfully persuaded UNSCOE to adopt
provisions authorizing the use of bottom outlets on portable tanks used
to transport PG I solid material on the basis that (1) transport of
these materials in portable tanks without bottom openings is
impractical and it is virtually impossible to unload the material from
the portable tank through top openings; and (2) there is no compelling
safety reason to prohibit bottom openings in portable tanks suitable
for such material when the authorized portable tanks afford a level of
safety in transport substantially greater than that afforded by other
packagings authorized for the material (e.g., UN1A2 removable head
steel drums). Although PHMSA did not propose this amendment in the
August 2010 NPRM, based on comments received and the relief provided to
industry by authorizing an alternative method of unloading PG I solid
material without a reduction in packaging safety, in this final rule we
are revising Sec.  172.101(c)(7) by revising T Codes T9 and T21 to
prohibit bottom openings for liquid only and specify applicable
requirements for the bottom openings. The revision includes adding
clarifying language to Sec.  172.101(c)(7)(ii) to specify the meaning
of ``prohibited'' for liquids in the appropriate context. With regard
to PSA's suggested revised regulatory text, we do not believe it is
necessary to add language specifying that the bottom outlets must
conform to <IP_ADDRESS>.2 of the UN Model Regulations (bottom opening
requirements for portable tanks used for solid material) because these
provisions are dealt with under Sec.  178.275(d)(2), which we are
referencing in the revised entries for portable tank T Codes T9 and
T22.
    A new portable tank special provision TP36 is added authorizing the
use of fusible elements in the vapor space of portable tanks with a
gauge test pressure that exceeds 265 kPa (38.4 psig/2.65 bar). See
Section 178.275 for a detailed discussion. See Section 172.101
Hazardous Materials Table for a listing of materials assigned this
special provision.
    A new special provision W1 is added indicating that the hazardous
materials ``Potassium nitrate, UN1486,'' ``Sodium nitrate, UN1498,''
and ``Sodium nitrate and Potassium nitrate mixtures, UN1499'' are not
subject to the HMR when transported by vessel in non-friable prills or
granules form. The material must be accompanied by a certificate from
an accredited laboratory stating that the product has been properly
sampled and tested by the laboratory according to the UN Manual of
Tests and Criteria.
Section 172.200
    Section 172.200 prescribes the applicability of shipping paper
requirements for the transportation of hazardous materials. Paragraph
(b)(3) is revised to remove the exceptions for ORM-D material in
conformance with the changes made to the limited quantities
requirements under this final rule.
Section 172.203
    Section 172.203 specifies additional hazardous materials
description requirements on shipping papers. Paragraph (b) is revised
to indicate that when a shipping paper is required, a limited quantity
must be indicated as such. This revision is necessary due to the
shipping paper exception adopted in this final rule for limited
quantities intended for transportation by highway or rail.
Section 172.300
    Section 172.300 prescribes the applicability of the HMR marking
requirements incorporated in subpart D of Part 172. Paragraph
(l)(1)(ii) of Sec.  172.101 authorizes up to a one-year transition
period for continued use of stock of pre-printed packaging marked with
proper shipping names revised in the HMT under a rulemaking. Consistent
with the transition period authorized in Sec.  172.101(l)(1)(ii), in
this final rule we are amending Sec.  172.300 of the HMR to authorize
the continued use of stock of preprinted packaging for one year from
the date of compliance or until depleted (whichever is less) for a
revision to a required marking. This amendment allows the continued use
of preprinted packaging stock that is marked in accordance with the
manner previously authorized.
Section 172.301
    Section 172.301 prescribes general marking requirements for non-
bulk packagings. In this final rule, PHMSA is amending paragraph (a) to
clarify that a proper shipping name and identification number is not
required to be marked on package containing only limited quantity
material marked in accordance with Sec.  172.315(a). Additionally, it
is amended by adding that until January 1, 2014 (January 1, 2013 if
intended for transportation by aircraft), an identification number is
not required to be marked on package containing only a Consumer
commodity, ORM-D or ORM-D-AIR material, as defined in Sec.  171.8 of
this subchapter in effect on October 1, 2010, provided the package is
marked in accordance with Sec.  172.316.
Section 172.312
    Section 172.312 prescribes the required orientation markings for
non-bulk packages containing liquids. PHMSA is amending paragraph
(c)(5) to clarify that the exception applies only to a hermetically
sealed inner packaging or receptacle not exceeding 500 mL each.
Section 172.315
    Section 172.315 specifies the markings required on a package
containing limited quantities of hazardous materials. These new
markings are consistent with the UN Model Regulations, ICAO TI and IMDG
Code and are required on packages of limited quantities offered for
transportation by highway, rail, air and vessel. Additionally, PHMSA
received positive comments submitted in response to the ANPRM
concerning the new marking because the requirement specifies minimum
dimensions on each side (100 mm) that substantially increases the
visibility of the marking when compared with the current ORM-D marking
prescribed in Sec.  172.316 of the HMR. Commenters stated that
increased visibility of the mark will enhance safety while reducing
regulatory burden.
    For limited quantities intended for transportation by vessel, this
new marking with minimum dimensions of 250 mm on each side is required
on cargo transport units containing limited quantities and no other
hazardous materials. For limited quantities intended for transportation
by aircraft, the marking requirements are consistent with the 2011-2012
ICAO TI (i.e., ``Y'' mark on a white square on point) in addition to
any required labels.
Section 172.316
    Section 172.316 prescribes marking requirements for packages
containing materials classed as ORM-D and ORM-D-AIR. The marking
prescribed in this section will no longer be authorized for limited
quantities effective January 1, 2014.
Section 172.322
    Section 172.322 prescribes marking requirements for packages
containing marine pollutants. PHMSA is adding an

exception from the marking requirement in new paragraph (d)(4) for
packages of limited quantities marked in accordance with Sec.  172.315.
Section 172.324
    Section 172.324 prescribes marking requirements for packages
containing hazardous substances in non-bulk packagings. PHMSA is
revising paragraph (b) for packages containing hazardous substances
marked in accordance with the limited quantity marking prescribed in
Sec.  172.315.
Section 172.326
    Section 172.326 prescribes the marking requirements for portable
tanks. In this final rule, we are revising paragraph (a) to align with
the IMDG Code the minimum height for a proper shipping name marked on a
portable tank to 65 mm when offered for transportation and transported
by vessel. This amendment is in response to a revision made in
Amendment 35-10 of the IMDG Code.
    One commenter (Arkema) requests that we allow a one year transition
period from the publication of the final rule to allow for depletion of
label inventory and/or restenciling of portable tanks. We agree that
there should be a transition period and note that, in this final rule,
we are implementing a delayed compliance date of January 1, 2012, which
is one year from the effective date of the rule, unless otherwise
specified in provisions adopted or revised in this final rule.
Section 172.327
    New section 172.327 specifies the marking required for a bulk
packaging containing petroleum crude oil to warn of the potential toxic
inhalation hazard from vapors evolved from hydrogen sulfide present in
the crude oil. PHMSA proposed to require placement of the marking used
for toxic materials under the Globally Harmonized System of
Classification and Labeling of Chemicals (GHS) in the immediate
vicinity of any location on a bulk packaging that could pose a health
risk to transportation workers if exposed to hydrogen sulfide vapors
emitted from that location, such as loading heads and manholes. This
proposed hazard communication marking requirement is applicable to bulk
packagings in domestic transportation only. The new hazardous materials
description for ``Petroleum sour crude oil, flammable, toxic, UN3494''
added to the HMT must be used for international transportation of
petroleum crude oil with hydrogen sulfide in sufficient concentration
that vapors evolved from the crude oil present an inhalation hazard
(for both bulk and non-bulk packagings).
    One commenter (AAR) expressed concern that this new marking
requirement would place an undue burden on rail carriers with regard to
inspection requirements under Sec.  174.9 of the HMR. The commenter had
concerns regarding the safety of rail carrier employees having to climb
tank cars to determine whether markings are present or correct. AAR
stated:

    [We] we would not oppose the proposed marking if it were made
clear that railroads have no obligation to inspect for markings.
Accordingly, [we suggest] amending [Sec.  173.127 to indicate]
carrier personnel are not required to inspect for markings that
would not be visible or legible from the ground.

    We agree, although we do not believe a regulatory revision is
warranted. Section 174.9 requires a rail carrier to inspect each rail
car containing a hazardous material, at ground level, for required
markings, labels, and placards, etc. This requirement already limits
the inspection to ground level and predisposes the carrier from having
to climb onto a rail car to inspect for hazard communications. As
indicated in the comments by AAR, the intent of this marking is to
alert hazmat employees who may be exposed to hydrogen sulfide vapors
during a loading or unloading operation to a potential hazard and not
to communicate the hazard for emergency response purposes. Thus,
carriers will not be obligated to inspect for markings placed in the
vicinity of tank car openings on a rail car that are not readily
visible or legible from ground level.
    Based on comments received, we are revising our proposed
requirements to authorize an alternative marking to the GHS toxic
material pictogram. See the Sections II.C and III.A.7 discussion of the
classification of petroleum sour crude oil.
Section 172.500
    Section 172.500 specifies the applicability of placarding
requirements to certain materials. PHMSA is amending paragraph (b)(3)
to clarify that limited quantities marked in accordance with revised
Sec.  172.315 of the HMR are not subject to placarding requirements.
Section 172.502
    Section 172.502 specifies prohibited and permissive placarding
requirements. In this final rule, PHMSA is revising the exceptions
provided in paragraph (b)(2) to include the petroleum sour crude oil
marking and the limited quantity marking in Sec. Sec.  172.315 and
172.327 of the HMR, respectively.

Part 173

Section 173.4
    Section 173.4 prescribes the requirements for small quantities of
hazardous materials offered for transportation and transported by
domestic highway or rail. PHMSA is revising paragraph (a) and adding
new paragraph (a)(1)(v) to allow Division 2.2 (non-flammable, non-
poisonous, compressed gas) material without a subsidiary hazard (except
for aerosols) without applying for an approval from the Associate
Administrator as prescribed under paragraph (c) of this section. Other
Class 2 materials, including Division 2.2 aerosols, will still require
approval under Sec.  173.4(c) of the HMR. These amendments are
consistent with the authorization under Sec.  173.4a(b)(1) for Division
2.2 gases without a subsidiary hazard in addition to the new
restriction to exclude aerosols from authorized materials in Sec.
173.4a of the HMR. See Section 173.4a for a discussion of revisions for
excepted quantities of hazardous materials.
Section 173.4a
    Section 173.4a prescribes the requirements for excepted quantities
of hazardous materials offered for transportation and transported by
all modes, domestic or international. PHMSA is amending paragraph (a)
by adding a new paragraph (a)(4) regarding pressure differential
capability for packages intended for transportation by aircraft in
accordance with Sec.  173.27(c) of the HMR. PHMSA is also amending
paragraph (b)(1) to clarify that the authorization for Division 2.2
(non-flammable, non-poisonous, compressed gas) excludes aerosols as an
excepted quantity material. Such articles are authorized as a limited
quantity under both domestic and international standards. Additionally,
PHMSA is revising paragraph (b)(5) to add polyester resin kits to the
types of Division 5.2 (organic peroxide) material authorized as an
excepted quantity and is revising paragraph (d)(3) by correcting the
outer packaging aggregate quantity limit for Division 5.2 liquids from
250 mL to 500 mL. Lastly, PHMSA is adding a new paragraph (g)(3) that
requires when packages of excepted quantities (see the Section 173.25
discussion) are contained in an overpack, and the package markings
required by this section are not visible inside the overpack, the
excepted quantities marking must also be placed on the

overpack. Additionally, an overpack containing packages of excepted
quantities is not required to be marked with the word ``OVERPACK.''
Section 173.4b
    Section 173.4b prescribes the requirements for de minimis
quantities of hazardous materials offered for transportation and
transported by all modes, domestic or international. Consistent with
the international standards, PHMSA is adding a new paragraph (b) to
except non-infectious specimens (e.g., museum specimens) preserved with
small amounts of certain Class 3 (flammable liquid) materials for
scientific purposes from the requirements of the HMR. This amendment is
consistent with previous interpretations we have issued on this matter
indicating these specimens do not pose a risk to safety during the
course of transportations.
    One commenter (AVMA) expressed support for the adoption of this
exception as essential to the conduct of professional work of
veterinarians. Therefore, in this final rule, we are adopting the
exception from full regulation under the HMR for non-infectious
specimens preserved with small amounts of certain Class 3 (flammable
liquid) material for scientific purposes.
Section 173.25
    Section 173.25 prescribes the requirements for certain authorized
packagings and overpacks. Consistent with the international standards,
PHMSA is requiring an overpack containing packages of limited quantity
material marked with the new limited quantities marking required by
this final rule (see the Section 172.315 discussion) to be marked with
the word ``OVERPACK'' if the markings are not visible, in addition to
all other required package markings. This mark is an indication that
the packages contained within the overpack are in accordance with the
HMR. Additionally, for excepted quantities (see the Section 173.4a
discussion) where the required package markings are not visible inside
an overpack, the excepted quantities marking must also be placed on the
overpack. An overpack containing packages of excepted quantities is not
required to be marked with the word ``OVERPACK.''
Section 173.27
    Section 173.27 prescribes the general requirements for packaging
offered or intended for air transportation. In this final rule, PHMSA
is amending paragraph (f) by adding a new Table 3 that outlines the
requirements for limited quantities intended for air transportation
consistent with the 2011-2012 ICAO Technical Instructions, where
appropriate. See the limited quantity, consumer commodity and ICAO
Technical Instructions alignment NPRM comment discussion in Section
III.A.5 of this rule.
Section 173.40
    Section 173.40 specifies the general packaging requirements for
toxic materials packaged in cylinders. PHMSA is amending paragraph
(c)(1) concerning closure requirements by requiring the valve
connections on UN Specification cylinders to be made by a taper thread
or some other means in accordance with ISO Standard 10692-2:2001.
Section 173.58
    Section 173.58 outlines the assignment of class and division for
new explosives. Based on a recommendation from comments provided by
IME, we are revising paragraph (a)(5) to include a reference to the
Type 6(d) test for determination of Division 1.4S classification for
consistency with the adoption of the new test.
Section 173.59
    Section 173.59 provides definitions of explosive terms that are
intended for information only. The UN Committee of Experts (COE)
recently defined the term ``phlegmatized'' to meaning the addition of a
substance to an explosive to enhance its safety in handling and
transport. One commenter indicated support for adoption of the proposed
definition of ``phlegmatized,'' therefore, in this final rule PHMSA is
adopting the definition in the HMR as proposed.
Section 173.63
    Section 173.63 specifies packaging exceptions for limited
quantities of certain Division 1.4S explosive articles authorized for
reclassification and transport as ORM-D material. Prior to offering for
transportation by aircraft, ``Cartridges, power devices, ORM-D-AIR''
(UN0323), must have been successfully tested in accordance with the new
UN Test Series Type 6(d) test beginning July 1, 2011. See the Section
172.102, Special Provision 347 discussion. This requirement is a
condition for the continuation of a Division 1.4S classification and
for reclassification to ORM-D for limited quantities of such articles
intended for transportation by international highway, rail and vessel
and domestic vessel effective January 1, 2012. Limited quantities of
such articles approved as Division 1.4S prior to January 1, 2012, may
continue to be reclassed as ORM-D and offered for domestic highway and
rail transportation only until January 1, 2014.
Section 173.120
    Section 173.120 defines Class 3 (flammable liquid) material. PHMSA
is revising paragraph (c) to add new testing methods for determining
the flash point of a liquid. See Section 171.7 for a listing of
materials incorporated by reference pertaining to Sec.  173.120.
Section 173.121
    Section 173.121 prescribes the packing group assignment for
flammable liquids. The HMR do not specify a test method for determining
the boiling point of a liquid which may be necessary for liquids with
very low flash points. PHMSA is revising paragraph (a) to add new
testing methods for determining the boiling point of a liquid. See
Section 171.7 for a listing of materials incorporated by reference
pertaining to Sec.  173.121.
Section 173.124
    Section 173.124 defines Class 4 material. For consistency with a
revision adopted in the UN Model Regulations, PHMSA is amending the
definition of ``self-heating'' in Sec.  173.124(b)(2) of the HMR to
read: ``Self-heating of a substance is a process where the gradual
reaction of that substance with oxygen (in air) generates heat. If the
rate of heat production exceeds the rate of heat loss, then the
temperature of the substance will rise which, after an induction time,
may lead to self-ignition and combustion.''
Section 173.137
    Section 173.137 establishes test criteria and packing group
assignments for Class 8 (corrosive) material. Since 1993, PHMSA has
authorized under the terms of a special permit (i.e., DOT-SP 10904) an
in vitro test method (available commercially as Corrositex[reg]) as an
alternative form of testing to that specified in the HMR, which is
based on live animal test results, to determine the corrosivity of
certain materials. Materials authorized for analysis using the
alternative test method include acids (and their derivatives), acyl
halides, alkylamines and polyalkylamines, bases, chlorosilanes, metal
halides, and oxyhalides.
    The UN COE recently recognized and adopted in vitro test methods in
the UN Model Regulations as an alternative form of testing to that
specified in OECD Guideline for Testing of Chemicals, Number 404,
``Acute Dermal Irritation/

Corrosion.'' The following alternative in vitro test methods include
OECD Guidelines for the Testing of Chemicals:
     No. 430, ``In Vitro Skin Corrosion: Transcutaneous
Electrical Resistance Test (TER)'' (2004);
     No. 431, ``In Vitro Skin Corrosion: Human Skin Model
Test'' (2004); and
     No. 435, ``In Vitro Membrane Barrier Test Method for Skin
Corrosion'' (2006).
    A positive test result under in vitro methods 430 and 431 may be
used to determine corrosivity for transportation purposes but cannot be
used to determine the PG assignment. A negative result for corrosivity
under in vitro methods 430 and 431 can preclude further testing to
determine PG assignment using method 404, the current OECD Guideline
involving in vivo testing, or method 435, the newly adopted OECD
Guideline involving in vitro testing.
    Based on the adoption of three new OECD guidelines for the in vitro
testing of materials for corrosivity in the UN Model Regulations and
through encouragement from PETA to adopt these new test methods in a
petition for rulemaking (P-1550), we proposed to adopt such guidelines
as matter incorporated by reference (IBR) in Sec. Sec.  171.7 and
173.137 of the HMR.
    In response to our proposal to incorporate several in vitro test
methods for determination of corrosivity, PHMSA has received over 900
comments supporting the proposal, including a comment from PETA. We
received no opposition. Therefore, we are adopting the OECD Guideline
Test Nos. 430, 431, and 435, and revising Test No. 404 as proposed.
Further, PETA urged PHMSA to facilitate access to DOT-SP 10904 through
our Web site until such a time that this final rule becomes effective,
and requested that PHMSA remove letters of interpretation that they
believe recommend the use of in vivo testing even though alternative in
vitro testing is available.
    With regard to PETA's additional requests, they are beyond the
scope of this rulemaking. However, we note that in prior correspondence
with PETA, PHMSA has indicated that information about DOT-SP 10904 can
be obtained by entering ``Corrositex'' in the search feature of the
PHMSA Office of Hazmat Safety Web site. Also, the special permit may be
accessed by entering ``10904'' in the search feature on our special
permits Web site or by conducting a group number search.
    We agree with PETA that non-live animal testing should be used
where available and encourage shippers to use the in vitro test methods
to determine the classification of a material as corrosive and
assignment of a packing group. We also remind shippers that historical
data may also be used to classify a material in accordance with Sec.
173.136(c). Thus, in this final rule we are revising Sec.  173.136(a)
to codify the authorization to use in vitro test methods and to
highlight the availability of classifying a material based on
historical data.
Sections 173.150, 173.151, 173.152, 173.153, 173.154 and 173.155
    Sections 173.150 through 173.155 prescribe the exceptions for
certain Class 3, 8 and 9 and Division 4.1, 4.2, 4.3, 5.1, 5.2, 6.1
hazardous materials under the HMR. In this final rule, PHMSA is
revising each of these sections to recognize the UN Model Regulations
and IMDG Code package quantity limits for the highway, rail, and vessel
transportation of limited quantities. No limited quantity limits
decrease and two increase slightly to maintain alignment with the
international standards for transport by other than aircraft.
Additionally, the packaging provisions for ``Polyester resin kits'' are
removed from Sec.  173.152, as proposed, and placed in new Sec.
173.165 for clarity.
    When PHMSA lowered the quantity limits for Division 6.1 (poisonous)
materials of PG II (primary or subsidiary) authorized as a limited
quantity in a final rule published under Docket HM-215G (70 FR 34065,
June 13, 2005), it did not authorize the labeling exception for such
packages when intended for transportation by highway, rail and vessel,
nor did it authorize renaming and reclassification as ``Consumer
commodity, ORM-D'' for such materials. In this final rule, except for
transportation by aircraft, we are authorizing the labeling exception
for packages of limited quantity material with a Division 6.1, PG II
primary or subsidiary hazard and, until December 31, 2013, we are
authorizing renaming and reclassification as ``Consumer commodity, ORM-
D''. Additionally, until December 31, 2012, a consumer commodity as
defined in Sec.  171.8 in effect on October 1, 2010 may continue to be
packaged, reclassed and marked ``ORM-D-AIR'' either in accordance with
the new Table 3 of Sec.  173.27(f) or Sec. Sec.  173.150 through
173.155 and 173.306, as applicable. PHMSA fully believes this eventual
alignment with international standards will improve clarity, promote
regulatory compliance, reduce employee training costs and enhance
safety overall.
Section 173.161
    Section 173.161 prescribes packaging requirements for chemical kits
and first aid kits containing small amounts of hazardous materials. In
this final rule, PHMSA is editorially revising the section. In
addition, PHMSA is authorizing transport of dry ice in accordance with
Sec.  173.217 in packaging authorized under this section when used as a
refrigerant for the contents of a kit.
Section 173.165
    A new section 173.165 is added to prescribe packaging and other
requirements for ``Polyester resin kits, UN3269'' formerly contained in
Sec.  172.102, special provision 40 and Sec.  173.152(b)(4) of the HMR.
This amendment is intended to provide clarification of existing
requirements while also harmonizing the HMR with international
standards.
Section 173.167
    A new section 173.167 is added to indicate authorized materials and
quantity limits for articles and substances that may be described as
``ID8000, Consumer commodity,'' when intended for transportation by all
modes of transport provided all or some of the transportation is by
aircraft. Such articles and substances eligible for classification or
reclassification to Class 9 are Class 2 materials (non-toxic aerosols
only), Class 3 materials (Packing Group II and III only), Division 6.1
(Packing Group III only), UN/NA3077, UN/NA3082, and UN3175, provided
such materials do not have a subsidiary risk and are authorized aboard
a passenger-carrying aircraft. Inner and outer packaging quantity
limits are based on Packing Instruction Y963 of the 2011-2012 ICAO TI.
Specification outer packagings are not required under the conditions
prescribed in this section. Additionally, the pressure differential
capability of the inner packagings of a combination packaging intended
to contain liquids is reduced from 95 kPa to 75 kPa for materials
offered for transportation and transported by aircraft under the
provisions of this section.
Section 173.220
    Section 173.220 provides exceptions from regulation under the HMR
for the transport of internal combustion engines, self-propelled
vehicles, mechanical equipment containing internal combustion engines,
and battery-powered vehicles or equipment. This section is revised to
include engines, vehicles, and equipment powered by fuel cells
consistent with

similar provisions under international standards.
Section 173.225
    Section 173.225 specifies packaging requirements and other
provisions for organic peroxides. When the Sec.  172.101 HMT specifies
this section, the organic peroxide must be packaged and offered for
transportation in accordance with the provisions of this section. Each
packaging must also conform to the general requirements of Subpart B of
Part 173 and to the applicable requirements of Part 178 of the HMR.
Specifically, organic peroxides that require temperature control are
subject to Sec.  173.21(f). When an IBC or bulk packaging is authorized
and meets the requirements of paragraph (f) or (h) of Sec.  173.225,
respectively, lower control temperatures than those specified for non-
bulk packaging may be required. An organic peroxide not identified in
paragraph (c), (e), or (g) of Sec.  173.225 by technical name, or not
assigned to a generic type in accordance with paragraph (b)(3) of this
section, must conform to the requirements in paragraph (c) of Sec.
173.128.
    The Organic Peroxides Table specifies 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 the table. In this
final rule, PHMSA is amending the Organic Peroxide Table in Sec.
173.225(c)(8) by adding a new entry and revising current entries. We
are revising an entry to the Organic Peroxide IBC Table in paragraph
(e) of this section.
    The following entries in the Organic Peroxide Table are being
revised:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3106..............................................  Di-(2-tert-butylperoxyisopropyl) benzene(s).
Exempt..............................................   Di-(2-tert-butylperoxyisopropyl) benzene(s).
UN3105..............................................   2,5-Dimethyl-2, 5-di-(tert-butyl peroxy) hexane.
----------------------------------------------------------------------------------------------------------------

    The following entry is added to the Organic Peroxide Table:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3103..............................................  2,5-Dimethyl-2, 5-di-(tert-butyl peroxy) hexane.
----------------------------------------------------------------------------------------------------------------

    One commenter (Arkema) requested that PHMSA provide a packing
method exception for domestic transportation of greater than 90%
concentrations of this material based on a history of safe
transportation. The proposed revision to this entry changed the packing
method for this material in concentrations of 90-100% from OP7 to OP5,
reducing the maximum quantity per package from 60 L to 30 L per
package. Arkema stated:

    [We ship] a 97% solution in 100 pound drums. Since August 2005
we have shipped [approximately] 1,800,000 pounds. We have had only
one incident in the 5 year time period. This incident was the result
of a pallet nail puncture. We suggest that a note be added to column
(8) for domestic shipments [that] OP7 is authorized.

    We disagree. The UN Committee of Experts adopted the
reclassification of 90-100% concentrations of 2, 5-Dimethyl-2, 5-di-
(tert-butylperoxy) hexane, which entails the more conservative packing
method OP5, based on a proposal submitted by the German competent
authority. Available industry test data from results on this material
at concentrations greater than 90% using the E1 Koenen test in the UN
Manual of Tests and Criteria varies from 1.5-2.0 mm. Based on
differences in industry test results, the German competent authority
conducted a number of E1 Koenen tests on various concentrations of 2,
5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane exceeding 90%. Their
conclusion was that the limiting diameter is 2.0 mm at concentrations
above 90%, and therefore, they proposed a reclassification from an
``Organic Peroxide, Type D, liquid, UN3105'' to an ``Organic Peroxide,
Type C, liquid, UN3103'' for 90-100% concentrations of 2, 5-Dimethyl-2,
5-di-(tert-butylperoxy) hexane to the UNSCOE (see UN working document
ST/SG/AC.10/C.3/2008/66 available on the UNSCOE Web site).
    We applaud Arkema's safe record of transportation using packing
method OP7 for a greater than 90% concentration of material. However,
based on data provided by the German competent authority indicating a
more conservative classification, in this final rule, we are keeping
this entry as proposed. We invite Arkema to submit test results for
their 97% solution of 2, 5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane
should the results indicate a classification that differs from the
entry adopted in this final rule.
    The following entry in the Organic Peroxide IBC Table is being
revised to authorize a 31H2 freestanding, rigid plastic IBC:

----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
UN3109..............................................  Peroxyacetic acid, stabilized, not more than 17%.
----------------------------------------------------------------------------------------------------------------

Section 173.230
    Section 173.230 prescribes the requirements for fuel cells offered
for transportation by all modes. In paragraph (g), PHMSA proposed to
allow only those fuel cells containing flammable liquids and corrosive
materials to be transported as a limited quantity by aircraft. In
paragraph (h), PHMSA also proposed prohibiting the reclassification to
``Consumer commodity, ORM-D-AIR'' for transportation by aircraft.
Several commenters (BIC, COSTHA, DGAC, IATA, LSI, Signa, Trulite,
USFCC) expressed strong disapproval to not extending the limited
quantity provisions to fuel cell cartridges containing either Division
2.1 (flammable) gas or water-reactive solids. They noted that the only
difference between authorizing and not authorizing these materials as
limited quantities is the required use of UN specification packaging
and that PHMSA offers no safety rationale for this exclusion as the
fuel cell cartridges themselves are subject to much more stringent
construction, testing, and packaging requirements than for similar
articles (e.g., aerosols).
    We agree. In this final rule, based on comments received, we are
authorizing the transportation of flammable gas and water-reactive
solid fuel cell cartridges as limited quantities in addition to
authorizing their transport as consumer commodities (except for
transportation

by aircraft) if all conditions for limited quantity provisions are met.
Section 173.301b
    Section 173.301b prescribes general requirements for shipment of UN
pressure receptacles. PHMSA is revising paragraph (c)(2)(iii) to
indicate that valve protection requirements for metal hydride storage
systems are specified in ISO 16111. Additionally, we are revising
paragraph (e) regarding the integrity of UN pressure receptacles used
for pyrophoric gases or flammable mixtures of gases containing more
than 1% pyrophoric compounds in accordance with the sixteenth revised
edition of the UN Model Regulations.
Section 173.306
    Section 173.306 prescribes the requirements for limited quantities
of compressed gases. PHMSA is revising paragraph (h) to clarify that,
except for transportation by aircraft, lighter refills in the ORM-D
hazard class are eligible for the exceptions in paragraph (i) of this
section and in Sec.  173.156. Additionally, PHMSA is revising paragraph
(i) of the section to recognize the new marking for limited quantities
of such materials and to provide a transitional period for the eventual
elimination of the ORM-D hazard class. PHMSA is also editorially
revising paragraph (l) for clarity.
Section 173.307
    Section 173.307 establishes exceptions for compressed gases. In
this final rule, PHMSA is adding certain types of light bulbs to the
section provided they are packaged appropriately so that if a bulb
ruptures all pieces are contained within the package.
Section 173.311
    PHMSA is adding a new Sec.  173.311 to prescribe the packaging
requirements for ``Metal hydride storage systems, UN3468'' used for the
transport of hydrogen as proposed. A metal hydride storage system is a
single complete hydrogen storage system that includes a receptacle,
metal hydride, a pressure relief device, a shut-off valve, service
equipment and internal components.
    The HMR do not prescribe specific packaging or shipping methods for
metal hydride storage systems containing hydrogen. However, PHMSA has
issued a number of special permits to allow the use of these systems
for transport. The UN Model Regulations, in new Packing Instruction
P205, prescribe standards for the construction, qualification, marking
and requalification of such systems and are the basis for the new HMR
requirements. Some amendments in new Sec.  173.311 include:
     Application to transportable metal hydride storage systems
with pressure receptacles not exceeding 150 liters in water capacity
and having a maximum developed pressure not exceeding 25 MPa.
     Requirement that transportable metal hydride storage
systems be designed, constructed, initially inspected and tested in
accordance with ISO standard 16111:2008, ``Transportable gas storage
devices--Hydrogen absorbed in reversible metal hydride,'' as authorized
under Sec.  178.71(f) (formerly reserved).
     Requirement that steel pressure receptacles or composite
pressure receptacles with steel liners be marked in accordance with
Sec.  173.301b(f) of the HMR, which specifies that a steel UN pressure
receptacle bearing an ``H'' mark must be used for hydrogen bearing
gases or other gases that may cause hydrogen embrittlement.
     Requirement of a requalification interval of no more than
five years as specified in Sec.  180.207 of the HMR in accordance with
the requalification procedures prescribed in ISO 16111.
Section 173.322
    Section 173.322 prescribes various packaging methods for ethyl
chloride. In this final rule, PHMSA is adopting the amended provisions
from packaging instruction P200 of the UN Model Regulations for ethyl
chloride in a new paragraph (e). This new packaging method authorizes
ethyl chloride in capsules not exceeding 150 g of gas each, closed with
a secondary means applied, and placed in a strong outer packaging not
to exceed 75 kg gross mass.

Part 175

Section 175.8
    Section 175.8 provides exceptions from certain regulations for air
carrier operator equipment and items of replacement. PHMSA is revising
paragraph (b)(3) to clarify that transportation of alcoholic beverages,
perfumes, colognes, and liquefied gas lighters carried aboard a
passenger-carrying aircraft by an operator must be for use or sale of
those items on that specific aircraft.
    Two commenters (AA, COSTHA) requested that PHMSA align paragraph
(b)(3) with the ICAO TI to permit onboard use of aerosols. COSTHA
noted:

    A number of carriers currently are required to obtain a special
permit to transport aerosols in Division 2.2, specifically for the
dispensing of whipped cream or other food products * * * We believe
if this list was amended by including ``aerosols'' this issue would
be resolved.
    We agree. Therefore, in this final rule we are revising paragraph
(b)(3) to authorize use of Division 2.2 aerosols to dispense food
products.
Section 175.9
    Section 175.9 prescribes the applicability of the HMR to special
aircraft and rotocraft operations. This section also prescribes the
conditions under which certain operations may be performed in
accordance with 14 CFR and 49 CFR (e.g., avalanche and weather
control). In this final rule, PHMSA is emphasizing that rotocraft
operations are fully subject to both sets of regulations.
    One commenter suggested revising paragraph (b)(6) to provide
clarity. IME stated:

    This suggested language is consistent with [Sec. ] 177.835(g),
which addressed the identical compatibility issue between explosives
and detonators that are transported on the same conveyance. In
addition, use of the terms ``dynamite'' and ``blasting caps''
without the additional reference to Division 1.1, 1.2, and 1.3
material could lead to the unintentional misinterpretation or
misapplication of the rule.

    We agree. Based on the comment provided, we are revising Sec.
173.59(b)(6) to provide clarification.
Section 175.10
    Section 175.10 specifies the conditions for which passengers, crew
members or an operator may carry hazardous materials aboard an
aircraft. PHMSA is adding a new paragraph (a)(17) to permit a mobility
aid such as a wheelchair, containing a lithium ion battery, to be
transported in accordance with the exceptions provided in this section.
A wheelchair or other mobility aid that contains a lithium metal
battery is not permitted aboard a passenger-carrying aircraft. As a
result of this amendment, current paragraph (a)(17) is redesignated as
paragraph (a)(18) and current paragraph (a)(18) is redesignated as
paragraph (a)(19).
    Three commenters (IATA, PRBA, Scoot) supported our proposal to add
a new paragraph providing an exception for wheelchairs or other
mobility aids containing a lithium ion battery, but requested that for
consistency, we further align with the ICAO TI and accommodate carriage
of these items by disabled passengers by allowing carriage in the
aircraft cabin. For instance, Scoot shared:

    Our mobility scooter [is] designed to fold up and be stowed in
the passenger cabin

* * *. They are often small enough to fit in the overhead bin. [T]he
lithium-ion batteries are removed and hand-carried by the passenger
in the same manner as * * * lithium-ion batteries used for consumer
electronics.

    PRBA expressed disappointment that PHMSA did not address
authorizing passenger transport of certain medical devices powered by
lithium metal batteries in this final rulemaking. We recognize the need
for persons with medical disabilities to be able to carry devices
powered by lithium metal batteries aboard a passenger-carrying
aircraft. However, such a provision will be addressed in a separate
rulemaking.
    Paragraph (a)(19) is being revised to allow passengers and crew
members to place certain spare fuel cell cartridges in checked baggage.
This exception currently does not apply to Divisions 2.1 or 4.3
materials contained in spare fuel cell cartridges. Although the ICAO TI
only restricts spare fuel cell cartridges containing Division 4.3
liquid materials from checked baggage, PHMSA strongly believes that the
restriction must also include spare cartridges containing Division 2.1
materials. Thus, PHMSA proposed to allow spare fuel cell cartridges
containing flammable and corrosive liquids in checked baggage while
continuing to require spare fuel cell cartridges containing Division
2.1 and 4.3 materials to be carried aboard an aircraft in carry-on
baggage only.
    One commenter (ALPA) supported our position while several
commenters (COSTHA, DGAC, IATA, JEMA, PRBA, TAEC, Trulite, USFCC)
voiced strong opposition to our proposal to limit fuel cell cartridges
permitted in checked baggage to those with flammable liquid or
corrosive liquid fuels. As several commenters indicated, PHMSA did not
provide data or analysis supporting the proposal, while tests performed
at the FAA Technical Center on fuel cell cartridges containing
flammable liquid material indicated that in the case of a fire
involving these materials, the fire can be readily extinguished with
current fire suppression systems onboard an aircraft.
    Because Division 2.1 flammable gases are generally prohibited in
air transportation on a passenger-carrying aircraft as cargo and due to
the questionable integrity of such articles when packed in a
passenger's checked baggage, PHMSA is adopting the prohibition in
checked baggage of fuel cell cartridges containing Division 2.1
flammable gases and Division 4.3 solid dangerous when wet materials as
proposed.
Section 175.25
    PHMSA currently requires operators to provide certain information
to passengers regarding what hazardous materials they may check-in or
carry-on a flight. Effective January 1, 2013, this information is to be
provided at points of ticket sale and at automated or remote passenger
check-in. Consistent with the ICAO TI, these amendments will require a
passenger to acknowledge such limitations before a ticket purchase and
automated or remote check-in can be finalized. PHMSA believes these
amendments only clarify existing regulatory requirements in Sec.
175.25 that have not been updated due to changing technologies used by
air carriers to either sell tickets (Internet) or check-in passengers
(automated kiosks). Additionally, these amendments provide air carriers
greater flexibility in how the information they are required to provide
passengers on hazardous materials is disseminated to them.
Section 175.30
    Section 175.30 prescribes inspection procedures for operators.
PHMSA is revising paragraph (e) regarding overpack marking requirements
for packages of limited and excepted quantities offered for
transportation by aircraft.
Section 175.75
    Section 175.75 prescribes quantity limitations and cargo location
requirements for hazardous materials transported by aircraft. PHMSA is
revising paragraph (e) to correct an inadvertent cargo compartment
restriction for passenger-authorized materials carried aboard a cargo-
only aircraft published in a final rule under Docket HM-215J (74 FR
2267, January 14, 2009). PHMSA is also revising paragraph (f) Quantity
and Loading Tables for clarity.
    Several commenters (ALPA, COSTHA, PRBA, UPS) objected to our
inclusion of limitations on the stowage of lithium batteries in Sec.
175.75 of the HMR and strongly urged that the limitations be removed
from this rulemaking and addressed in a separate lithium battery
rulemaking such as HM-224F. We agree. All reference to lithium
batteries in our revisions to Sec.  175.75 are removed from this
rulemaking.
    One commenter (UPS) fully supported our proposed clarification of
the use of the Class C cargo compartment for shipments of material
eligible for passenger aircraft under Sec.  175.75(d); however, UPS did
recommend an additional revision for clarity. Therefore, in this final
rule we are revising paragraph (d) further to incorporate a second note
into the table to clarify that for cargo-only aircraft, packages
required to be loaded in a position considered accessible include those
loaded into a Class C cargo compartment.
    Several commenters requested that PHMSA offer the same exception
from the loading restrictions in Sec.  175.75 for limited quantity
packages as are currently authorized for Class 9 and ORM-D-AIR
materials. We agree that such packages should be afforded the same
exceptions from the loading restrictions of Sec.  175.75 as ORM-D-AIR
materials and are revising the section accordingly.
Section 175.78
    Section 175.78 prescribes the stowage compatibility of hazardous
materials offered for transportation by aircraft. PHMSA is revising
paragraph (c)(4)(iii) to specify that, except as provided in paragraph
(c)(4)(iv) of Sec.  175.78, Division 1.4B explosive materials may only
be stowed together with Division 1.4S explosive materials. This
revision is in accordance with an amendment made in the 2011-2012 ICAO
Technical Instructions.

Part 176

Section 176.2
    Section 176.2 establishes definitions specific to the
transportation of hazardous materials by vessel. PHMSA is revising the
definition for ``Cargo transport unit'' to include a multiple-element
gas container or MEGC.
Section 176.63
    Section 176.63 sets forth and describes the basic physical
requirements for authorized stowage locations of hazardous materials on
board vessels. PHMSA is amending paragraph (f)(2) by removing reference
to the specific year of SOLAS, Chapter II-2/Regulation 19 (i.e., 1974,
as amended) for consistency with the manner in which IBR material is
indicated throughout the HMR in outlying sections.
Section 176.76
    Section 176.76 prescribes certain requirements for transport
vehicles, freight containers, and portable tanks containing hazardous
materials transported by vessel. In this final rule, we are revising
paragraph (a)(9) to require that when security devices, beacons or
other tracking or monitoring equipment are used, they must be securely
installed and must be of a certified safe type for the hazardous

materials that will be carried within the freight container or
transport vehicle.
Section 176.84
    Section 176.84 outlines additional requirements for stowage and
segregation of hazardous materials transported by cargo and passenger
vessels. In this final rule, PHMSA is removing the redundant stowage
code 143. This provision is currently assigned to UN1259, UN2845,
UN3194, UN3392, and UN3394, and prohibits the carriage of the materials
aboard a vessel transporting Class 1 (explosive) material (except for
explosives of Division 1.4S). See Section 172.101 Hazardous Materials
Table for the amendment that adds stowage code 78 to the above
materials of extreme flammability. Such materials are now required to
be ``separated longitudinally by an intervening complete compartment or
hold from explosives'' based on amendments adopted in the IMDG Code.
Section 176.142
    Section 176.142 prescribes the requirements for hazardous materials
of extreme flammability transported on the same vessel as Class 1
(explosive) materials. In this final rule, PHMSA is deleting this
section as the restriction no longer exists. Hazardous materials of
extreme flammability are no longer prohibited from stowage on the same
vessel as explosives. For entries previously affected by this section,
the most restrictive stowage requirements are required.
Section 176.905
    Section 176.905 prescribes specific requirements for motor vehicles
or mechanical equipment powered by internal combustion engines that are
offered for transportation and transported by vessel. For consistency
with Amendment 35-10 of the IMDG Code, PHMSA is removing the signage
requirement for such articles in paragraph (a)(5) and the ignition key
removal provisions from paragraph (a)(6). Additionally, we are revising
this section to account for modern designs of vehicles and equipment
that are powered by engines other than internal combustion engines
(e.g., electric engines powered by a fuel cell, hybrid vehicles). We
are revising this section to include language applicable to address
these new designs. We did not propose these changes in the August 24,
2010 NPRM, but we do not believe including language to account for new
designs imposes new restrictions or any greater burdens than currently
in the regulations.

Part 178

Section 178.71
    Section 178.71 establishes the specifications for UN pressure
receptacles. In this final rule, PHMSA is adopting the regulatory
relief proposed in Docket HM-218F (75 FR 60017, 75 FR 60017) by
revising the requirements in paragraph (c)(1) to allow the use of a
proof pressure test in addition to the volumetric expansion test. The
ISO 7866 and 9809 standards permit either the proof pressure test or
volumetric expansion test to be used. The volumetric expansion test
measures the cylinder's elastic expansion and assures the cylinder
received a proper heat treatment. However, the ISO standards also
require each cylinder be subjected to a hardness test and a
comprehensive shear wave ultrasonic examination (UE). PHMSA believes
the combination of the proof pressure test, hardness test, and UE
should provide adequate assurance that each cylinder received a proper
heat treatment. This limitation (i.e., volumetric expansion test only)
is also removed from the test pressure marking requirement in the
redesignated paragraph (p)(6).
    In this final rule, PHMSA is also amending the cylinder bundle
marking requirements in Sec.  178.71(e) by adding a new paragraph
(e)(8) specifying that pressure vessel markings only apply to the
pressure vessel itself and not to the assembly structure of the bundle.
Additionally, we are adding new paragraphs (f) and (m) that establish
the design and construction requirements for UN metal hydride storage
systems and refillable welded cylinders, respectively. To accomplish
this, we are redesignating paragraphs (m) through (r) as paragraphs (n)
through (s), and revising paragraphs (q) and (s) accordingly to correct
paragraph references. Further, we are adding three ISO standards to the
IBR table in Sec.  171.7 of the HMR for UN refillable welded cylinders
(ISO 4706, 18172-1 and 20703). Lastly, we are requiring that
transportable metal hydride storage systems (see Sec.  173.311) be
designed, constructed, initially inspected and tested in accordance
with ISO 16111:2008, ``Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride,'' as authorized under Sec.
178.71(m).
Section 178.275
    Section 178.275 prescribes requirements for UN portable tanks
intended for transportation of liquid and solid hazardous materials.
Section 178.275(h) prohibits the use of fusible elements on portable
tanks with a test pressure which exceeds 2.65 bar (265 kPa). In Sec.
172.102(c)(8), we are adding a new portable tank special provision TP36
authorizing the use of fusible elements in the vapor space of portable
tanks with a gauge test pressure that exceeds 265 kPa (38.4 psig/2.65
bar) for certain organometallic substances. In this final rule, we are
authorizing use of fusible elements based on a well-established history
of safe transportation of these substances in portable tanks equipped
with fusible elements capable of properly functioning at pressure of at
least 1,000 kPa (145 psig/10 bar). Past experience of the use of
fusible elements indicates reliability and a proper functioning even in
the event of a release during loading or unloading. Additionally, for
organometallic materials that are shipped in rigid portable tanks with
a minimum test pressure of more than 265 kPa (38.4 psig/2.65 bar), the
tanks are required to be equipped with a depressurizing system that
releases the inside pressure to avoid rupturing the tank as a result of
an inadvertent release or fire. Fusible elements are used by shippers
as a secondary pressure relief device, in addition to a re-closing
pressure relief device. Therefore, we are revising Sec.  178.275(h) to
reference special provision TP36 authorizing the use of fusible
elements in the vapor space of a portable tank used for the transport
of certain organometallic materials.
Section 178.347-1
    Section 178.347-1 prescribes the general requirements for DOT
Specification 407 cargo tank motor vehicles. Paragraph (d)(9)
prescribes weld integrity, compliance and acceptance criteria for
bulkheads.
    The exception in Sec.  178.347-1(d)(8) currently provides an
unconditional exception from UW-12 for all joints. Section 178.347-
1(d)(9) applies a condition to one particular joint configuration in a
head. In petition P-1333, TTMA requested that we adopt a weld joint
efficiency of 0.85 for head seams in bulkheads on DOT 407 cargo tanks.
Based on review of the TTMA petition and additional information that
was provided, we proposed in the HM-213 NPRM (66 FR 63095, December 4,
2001) that the strength of a weld seam in a bulkhead without
radiographic examination of the weld must be 0.85 of the strength of
the bulkhead. The welded seam must be a full penetration butt weld, no
more than one seam may be used per bulkhead, and the welded seam must
be completed before forming the dish radius and knuckle radius.
    TTMA commented on the proposal stating, ``[w]hile we agree with the

proposal to allow a provisional 85% weld joint efficiency for DOT 407
heads with butt-welded seams, we would like to see the requirements of
UW-12 of the ASME Code specifically exempted for this welded joint.
Even though this section implies an exemption, the exemption is not
specific. We suggest the following wording, ``[t]he strength of a weld
seam in a bulkhead that has not been radiographically examined shall be
0.85 of the strength of the bulkhead and be exempted from the
requirements of UW-12 of the ASME Code under the following condition''.
    In the HM-213 final rule, we agreed with TTMA's comment and agreed
to make the change though the change occurred in a corrections document
(68 FR 52363, September 3, 2003). The final rule stated: ``[I]n its
comments to the NPRM, TTMA agrees with the provisional 85% weld joint
efficiency for DOT 407 heads with butt-welded seams. However, TTMA
suggests that we include the requirements of Part UW-12 of the ASME
Code to the list of excepted requirements in Sec.  178.347-1(d)(8). We
agree with TTMA. In this final rule, we are adding Part UW-12 of the
ASME Code to the list of excepted requirements.''
    In October 2004, we added an exception from the radiography/joint
efficiency requirements of ASME VIII section UW-12 for DOT 407 cargo
tanks with MAWP of 35 psig and less in Sec.  178.347-1(d)(8) and (9).
The intent was to provide a conditional alternate means of determining
a joint efficiency for certain head welds. Listing UW-12 in Sec.
178.347-1(d)(8) instead of (9), however, results in an unconditional
exception from UW-12 in all welds on these tanks. Therefore, because we
believe the revision is appropriate, we are revising Sec.  178.347-
1(d)(9), as proposed, by adding a new subparagraph (i) and renumbering
the section accordingly.
Section 178.603
    Section 178.603 prescribes the drop test requirements for non-bulk
packagings in the HMR. In this final rule, PHMSA is revising paragraph
(f)(4) to amend the criteria for passing the tests. The HMR require
only that there is no leakage of filling substance from the inner
packaging. In this final rule, we are also requiring that inner
receptacles, inner packagings and articles remain completely within the
outer package when drop tested.
Section 178.703
    Section 178.703 prescribes the marking requirements for IBCs. PHMSA
is aligning paragraph (a)(1)(viii) with the UN Model Regulations by
requiring the gross mass, in kilograms, to be marked on all IBC types.
The HMR require a net mass to be marked on flexible IBCs which is
inconsistent with international standards. PHMSA inadvertently did not
revise the HMR under a previous harmonization rulemaking when the
international standards were amended to specify that a maximum
permissible gross mass be marked on all IBC types.
Section 178.955
    Section 178.955 establishes definitions used with regard to subpart
Q of part 178, which prescribes the design and testing criteria for
Large Packagings. PHMSA is adding the following two new definitions,
``Remanufactured Large Packaging'' and ``Reused Large Packaging,'' in
new paragraphs (c)(6) and (c)(7), respectively. A ``remanufactured''
large packaging is defined as a metal or rigid plastic large packaging
that is produced as a UN type from a non-UN type or is converted from
one UN design type to another UN design type. Remanufactured large
packagings are subject to the same HMR requirements that apply to a new
large packaging. A ``reused'' large packaging is defined as a large
packaging to be refilled that has been examined and found free of
defects affecting the ability to withstand the performance tests. The
term includes those that are refilled with the same or similar
compatible contents and are transported within distribution chains
controlled by the consignor of the product.

Part 180

Section 180.207
    Section 180.207 prescribes the requirements for the requalification
of UN pressure receptacles. In this final rule, PHMSA is requiring that
metal hydride storage systems be requalified every five years in
accordance with ISO 16111:2008 and that the records of that
requalification be retained in accordance with Sec.  180.215 of the
HMR.
Section 180.350
    Section 180.350 prescribes applicability and defines certain terms
regarding the qualification and maintenance of IBCs. PHMSA is revising
paragraph (b) to indicate that the replacement of the inner receptacle
of a composite IBC with one from the original manufacturer is
considered a repair. This revision is consistent with the recent change
in the definition of ``repair'' in the UN Model Regulations.

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, as discussed
in detail above, the final rule amends the HMR to more fully align them
with the biennial updates of the UN Model Regulations, the IMDG Code
and the ICAO TI.
    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 public.
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 TI. Moreover, we are
maintaining a number of current exceptions for domestic transportation
that should minimize the compliance burden on the regulated community.
    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 rule amends 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 incorporates changes into the HMR based on the sixteenth revised
edition of the UN Model Regulations and the 2011-2012 ICAO Technical
Instructions, which become effective January 1, 2011, and Amendment 35-
10 to the IMDG Code which becomes effective January 1, 2012. The
continually increasing amount of hazardous materials transported in
international commerce warrants the harmonization of domestic and
international requirements to the greatest extent possible.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. The final rule is not
considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034). This
final rule applies to offerors and carriers of hazardous materials,
such as chemical manufacturers, chemical users and suppliers, packaging
manufacturers, distributors, radiopharmaceutical companies, and
training companies. Benefits resulting from the adoption of the
amendments in this final rule include enhanced transportation safety
resulting from the consistency of domestic and international hazard
communications and continued access to foreign markets by U.S.
manufacturers of hazardous materials.
    The majority of amendments in this final rule should result in cost
savings and ease the regulatory compliance burden for shippers engaged
in domestic and international commerce, including trans-border
shipments within North America.
    We authorize a one year transition period to allow for training of
employees and to ease any burden on entities affected by the
amendments. The total net increase in costs to businesses in
implementing the final rule is considered to be minimal. Initial start-
up and inventory costs will result from these changes. However, the
costs are offset by greater long term savings of conformance with one
set of regulations and a one-year transition period. A regulatory
evaluation is available for review in the public docket for this
rulemaking.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule preempts State, local and Indian Tribe requirements but does
not propose any regulation that has substantial direct effects on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
    The Federal hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local and Indian Tribe requirements on certain covered
subjects, as follows:
    (1) The designation, description, and classification of hazardous
material;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
    This final rule addresses covered subject items (1), (2), (3), (4)
and (5) above and preempts State, local, and Indian Tribe requirements
not meeting the ``substantively the same'' standard. This final rule is
necessary to incorporate changes adopted in international standards,
effective January 1, 2011. If the changes in this final rule are not
adopted into the HMR, U.S. companies, including numerous small entities
competing in foreign markets, would be at an economic disadvantage.
These companies would be forced to comply with a dual system of
regulations. The changes in this final rulemaking are intended to avoid
this result. Federal hazardous materials transportation law provides at
49 U.S.C. 5125(b)(2) that, if DOT issues a regulation concerning any of
the covered subjects, DOT must determine and publish in the Federal
Register the effective date of Federal preemption. The effective date
of Federal preemption is 90 days from publication of the final rule in
this matter.

D. Executive Order 13175

    This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have Tribal implications, does not impose substantial direct
compliance costs, and is required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule facilitates the transportation of hazardous materials in
international commerce by providing consistency with international
standards. This final rule applies to offerors and carriers of
hazardous materials, some of whom are small entities, such as chemical
manufacturers, users and suppliers, packaging manufacturers,
distributors and training companies. As discussed above, under
Executive Order 12866, the majority of amendments in this final rule
should result in cost savings and ease the regulatory compliance burden
for shippers engaged in domestic and international commerce, including
trans-border shipments within North America.
    Many companies will realize economic benefits as a result of these
amendments. Additionally, the changes effected by this final rule will
relieve U.S. companies, including small entities competing in foreign
markets, from the burden of complying with a dual system of
regulations. Therefore, I certify that these amendments will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
    This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    PHMSA currently has approved information collections under Office
of Management and Budget (OMB) Control Number 2137-0034, ``Hazardous
Materials Shipping Papers and Emergency Response Information,'' with an
expiration date of May 31, 2011, and OMB Control Number 2137-0557,

``Approvals for Hazardous Materials,'' with an expiration date of June
30, 2011. This final rule may result in a decrease in the annual burden
and costs of OMB Control Number 2137-0034 due to amendments to the
exceptions for shipping paper requirements for limited quantities of
Class 3, Division 4.1, Division 4.2, Division 4.3, Division 5.1,
Division 5.2, Division 6.1, Class 8, and Class 9 materials for those
limited quantities that are defined as consumer commodities. This final
rule may result in an increase in the annual burden and costs of OMB
Control Number 2137-0557 due to amendments to the classification
criteria for eight Division 1.4 explosive articles to add the Type 6(d)
test as prescribed in the fifth revised edition of the UN Manual of
Tests and Criteria.
    Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), Title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests.
    This final rule identifies revised information collection requests
that PHMSA will submit to OMB for approval based on the requirements in
this final rule. PHMSA has developed burden estimates to reflect
changes in this final rule, and estimates the information collection
and recordkeeping burden as proposed in this rule to be as follows:

------------------------------------------------------------------------

------------------------------------------------------------------------
OMB Control No.                                                2137-0034
------------------------------------------------------------------------
Annual Decrease in Number of Respondents..............        75,000,000
Annual Decrease in Annual Number of Responses.........        75,000,000
Annual Decrease in Annual Burden Hours................         1,875,000
Annual Decrease in Annual Burden Costs................     $1,875,000.00
------------------------------------------------------------------------
OMB Control No.                                                2137-0557
------------------------------------------------------------------------
Annual Increase in Number of Respondents..............               465
Annual Increase in Annual Number of Responses.........               465
Annual Increase in Annual Burden Hours................             2,325
Annual Increase in Annual Burden Costs................           $58,125
------------------------------------------------------------------------

    PHMSA will submit the revised information collection and
recordkeeping requirements to OMB for approval.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.

H. Unfunded Mandates Reform Act

    This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more, adjusted for inflation, to either State, local
or Tribal governments, in the aggregate, or to the private sector in
any one year, and is the least burdensome alternative that achieves the
objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires that Federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
order Federal agencies to conduct an environmental review considering
(1) the need for the proposed action, (2) alternatives to the proposed
action, (3) probable environmental impacts of the proposed action and
alternatives, and (4) the agencies and persons consulted during the
consideration process. 40 CFR 1508.9(b).
1. Purpose and Need
    PHMSA proposed to amend the Hazardous Materials Regulations to
maintain alignment with international standards by incorporating
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements.
These revisions are necessary to harmonize the Hazardous Materials
Regulations with recent changes to the International Maritime Dangerous
Goods Code, the International Civil Aviation Organization's Technical
Instructions for the Transport of Dangerous Goods by Air, and the
United Nations Recommendations on the Transport of Dangerous Goods. The
amendments are intended to enhance the safety of international
hazardous materials transportation through better understanding of the
regulations, an increased level of industry compliance, the smooth flow
of hazardous materials from their points of origin to their points of
destination, and effective emergency response in the event of a
hazardous materials incident.
    The HMR regulate materials that meet the definition of a marine
pollutant in all modes of transportation. The intended effect is to
increase the level of safety associated with the transportation of
substances hazardous to the marine environment by way of improved
communication of their presence in transportation and establishing
appropriate requirements for their packaging. The HMR uses a list-based
system designed to help shippers determine if a material meets the
definition of a marine pollutant. Recently, the IMO adopted a criteria
based system for identification of materials hazardous to the marine
environment based on the Globally Harmonized System of Classification
and Labeling of Chemicals (GHS).
2. Alternatives
    In developing this proposed rule, we considered three alternatives:
    (1) Do nothing.
    (2) Adopt the international standards in their entirety.
    (3) Adopt most of the international standards, with certain
modifications based on safety or economic considerations.
    Alternative 1: Because our goal is to facilitate uniformity,
compliance, commerce and safety in the transportation of hazardous
materials, we rejected this alternative.
    Alternative 2: By adopting the international standards in their
entirety,

PHMSA could potentially adopt provisions that, in our view, do not
provide an adequate safety level. Further, because we provide for
domestic exceptions and extended compliance periods to minimize the
potential economic impact of any revisions on the regulated community,
this alternative was also rejected.
    Alternative 3: Consistency between U.S. and international
regulations helps to assure the safety of international hazardous
materials transportation through better understanding of the
regulations, an increased level of industry compliance, the smooth flow
of hazardous materials from their points of origin to their points of
destination, and effective emergency response in the event of a
hazardous materials incident. Under Alternative 3, we would harmonize
the HMR with international standards to the extent consistent with U.S.
safety and economic goals.
    Alternative 3 is the only alternative that addresses, in all
respects, the purpose of this regulatory action, which is to facilitate
the safe and efficient transportation of hazardous materials in
international commerce. These actions will provide the greatest
possible harmonization with international requirements without posing
an undue increased cost burden on industry. For these reasons,
Alternative 3 is our recommended alternative.
3. Analysis of Environmental Impacts
    Hazardous materials are transported by aircraft, vessel, rail, and
highway. The potential for environmental damage or contamination exists
when packages of hazardous materials are involved in accidents or en
route incidents resulting from cargo shifts, valve failures, package
failures, or loading, unloading, or handling problems. The ecosystems
that could be affected by a release include air, water, soil, and
ecological resources (e.g., wildlife habitats). The adverse
environmental impacts associated with releases of most hazardous
materials are short-term impacts that can be greatly reduced or
eliminated through prompt clean-up of the accident scene. Most
hazardous materials are not transported in quantities sufficient to
cause significant, long-term environmental damage if they are released.
    The hazardous material regulatory system is a risk-management
system that is prevention-oriented and focused on identifying hazards
and reducing the probability and quantity of a hazardous material
release. Amending the HMR to maintain alignment with international
standards enhances the safe transportation of hazardous materials in
domestic and international commerce. When considering the adoption of
international standards under the HMR, we review and consider each
amendment on its own merit and assess its impact on transportation
safety and the environment. Based on the lack of public comment on the
issue, it is our conclusion that the amendments adopted in this final
rule will have no adverse affect on the environment.
4. Consultations and Public Comment
    On June 20, 2007, November 27, 2007, June 18, 2008, and November
19, 2008, PHMSA hosted public meetings with public and private
stakeholders to discuss draft U.S. positions on the United Nation's
Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE)
proposals for the sixteenth revised edition of the UN Recommendations
on the Transport of Dangerous Goods Model Regulations. In addition,
PHMSA and the U.S. Coast Guard hosted a public meeting on September 17,
2008, and hosted a second meeting on September 10, 2009, to discuss
amendments to the IMDG Code. A public meeting was held on September 29,
2009 to discuss amendments to the ICAO Technical Instructions. During
these public meetings, U.S. positions on proposed amendments to the UN
Recommendations were considered and discussed. Positions were
established based on input received during these meetings in
conjunction with internal review, including thorough technical review.
    We have identified a number of immediate and long-term actions that
participants in the international community are taking or will take to