[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Rules and Regulations]
[Pages 987-1100]
[FR Doc No: 2012-31243]

Vol. 78

Monday,

No. 4

January 7, 2013

Part II

Department of Transportation

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Pipeline and Hazardous Materials Safety Administration

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

Hazardous Materials: Harmonization with International Standards (RRR),
Harmonization with the United Nations, and Transportation of Lithium
Batteries; Final Rules and Proposed Rule

Federal Register / Vol. 78 , No. 4 / Monday, January 7, 2013 / Rules
and Regulations

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, 176, 177, and 178

[Docket Nos. PHMSA-2012-0027 (HM-215L)]
RIN 2137-AE87

Hazardous Materials: Harmonization with International Standards
(RRR)

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

ACTION: Final rule.

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SUMMARY: PHMSA is amending 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 (HMR) with recent changes made to the International
Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), and the United
Nations Recommendations on the Transport of Dangerous Goods--Model
Regulations (UN Model Regulations) and address a petition for
rulemaking.

DATES: Effective Date: January 1, 2013.
    Voluntary compliance date: PHMSA is authorizing voluntary
compliance beginning January 1, 2013.
    Delayed compliance date: Unless otherwise specified, compliance
with the amendments adopted in this final rule is required beginning
January 1, 2014.
    Incorporation by reference date: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register as of January 1, 2013.

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

SUPPLEMENTARY INFORMATION:
I. Executive Summary
II. Background
III. Comment Discussion
IV. Section-by-Section Review
V. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Orders 12866 and 13563 and DOT Regulatory Policies
and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environment Assessment
    J. Privacy Act
    K. Executive Order 13609 and International Trade Analysis

I. Executive Summary

    In this final rule, PHMSA is amending the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180) to incorporate changes adopted
in the IMDG Code, the ICAO Technical Instructions, and the UN Model
Regulations, effective January 1, 2013. These changes ensure the
domestic hazard classification, hazard communication and packaging
requirements are consistent with those employed throughout the world.
    Federal law and policy strongly favor the harmonization of domestic
and international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.) directs PHMSA to participate in relevant
international standard-setting bodies and encourages alignment of the
HMR with international transport standards to the extent practicable
while recognizing that deviations may at times be necessary to be
consistent with the public interest (see 49 U.S.C. 5120). Harmonization
facilitates international trade by minimizing the costs and other
burdens of complying with multiple or inconsistent safety requirements
for transportation of hazardous materials. Harmonization has also
become increasingly important as the volume of hazardous materials
transported in international commerce grows. Safety is often enhanced
by creating a uniform framework for compliance. PHMSA actively
participates in relevant international standard-setting bodies and
promotes the adoption of standards consistent with the high safety
standards set by the HMR.
    The foreign trade of chemicals is a large segment of the United
States economy. In 2000, U.S. foreign trade in chemicals totaled $154
billion and generated a $6 billion positive trade balance. The
consistency of regulations reduces regulatory compliance costs and
helps to avoid costly frustrations of international shipments. PHMSA's
continued leadership in maintaining consistency with international
regulations enhances the hazardous materials safety program and assists
in maintaining a favorable trade balance.

II. Background

    PHMSA published a notice of proposed rulemaking (NPRM) under Docket
HM-215L (77 FR 49167, August 15, 2012) to incorporate various
amendments to harmonize the HMR with recent changes to the UN Model
Regulations, the IMDG Code, and the ICAO Technical Instructions. When
considering alignment of the HMR with international standards, we
review and evaluate each amendment on its own merit, on the basis of
its overall impact on transportation safety, and on the basis of the
economic implications associated with its adoption into the HMR. Our
goal is to harmonize without diminishing the level of safety currently
provided by the HMR or imposing undue burdens on the regulated
community.
    Based on this review and evaluation, in this final rule, PHMSA is
amending the HMR to incorporate changes from the 17th Revised Edition
of the UN Model Regulations, Amendment 36-12 to the IMDG Code, and the
2013-2014 ICAO Technical Instructions, which become effective January
1, 2013 (The IMDG Code is effective January 1, 2013; however, the
previous amendment may continue to be used until January 1, 2014).
Notable amendments to the HMR in this final rule include the following:
     Update references to international regulations including
the ICAO Technical Instructions, the International Convention for the
Safety of Life at Sea, the IMDG Code, the UN Model Regulations, the UN
Manual of Tests and Criteria the Canadian Transportation of Dangerous
Goods Regulations and various technical standards.
     Add, revise, or remove certain proper shipping names,
hazard classes, packing groups, special provisions, packaging
authorizations, bulk packaging requirements, and passenger and cargo
aircraft maximum quantity limits from the Hazardous Materials Table
(HMT).
     Adopt new HMT entries for chemical under pressure and
specify acceptable bulk and non-bulk packagings, filling limits and
appropriate segregation requirements.
     Adopt an exception for the transport of aircraft batteries
aboard passenger aircraft in excess of the quantity limits specified in
column 9A of the HMT.

     Revise the vessel stowage provisions in column 10 of the
Sec.  172.101 Hazardous Materials Table (HMT).
     Adopt minimum size requirements for the ``UN'' or ``NA''
markings specified in Sec.  172.301.
     Adopt changes throughout Part 173 (packaging requirements)
to: (1) authorize the use of wood as a material of package construction
for certain explosives; (2) authorize the use of metals other than
steel or aluminum for drums and boxes; and (3) where appropriate,
permit the use of non-removable head drums in those instances where
removable head drums are otherwise authorized.
     Adopt a new packaging definition, operational controls,
performance-oriented standards, and testing requirements for Flexible
Bulk Containers (FBCs).

III. Comment Discussion

    In response to PHMSA's August 15, 2012 NPRM (77 FR 49167), PHMSA
received comments from the following organizations and individuals:
     3M Company (3M)
     Airline Pilots Association, International (ALPA)
     Caterpillar Inc. (Caterpillar)
     Chemically Speaking LLC (Chemically Speaking)
     Council on Safe Transport of Hazardous Articles (COSTHA)
     Dangerous Goods Advisory Council (DGAC)
     Dow Chemical Company (Dow)
     Fuel Cell & Hydrogen Energy Association (FCHEA)
     Healthcare Waste Institute (HWI)
     Horizon Lines (Horizon)
     International Vessel Operators Dangerous Goods Association
(IVODGA)
     Jamie Lee Guzman
     Mercotac Inc.
     Nora
     Nucon International Inc. (Nucon)
     PRBA-The Rechargeable Battery Association (PRBA)
     Saft America (Saft)
     Sporting Arms and Ammunition Manufacturing Institute
(SAAMI)
     Stericycle, Inc. (Stericycle)
     United Airlines (United)
     United Parcel Service (UPS)
     VaporLok Products, LLC (Vaporlok)
     Veolia ES Technical Solutions, L.L.C. (Veolia)
    Below is a listing of major amendments to the international
transportation regulations that we proposed for adoption into the HMR,
a brief synopsis of the comments we received regarding those proposals
and PHMSA's position regarding the comments. Additional comments are
addressed in the section-by-section analysis section.
Incorporation by Reference
    In the NPRM, PHMSA proposed to incorporate by reference the latest
editions of various international transport standards including the
2013-2014 ICAO Technical Instructions, Amendment 36-12 of the IMDG
Code, the 17th Revised Edition of the UN Model Regulations, and the
Canadian Transportation of Dangerous Goods Regulations to include
Amendments 8, 9, and 10. Finally, PHMSA proposed the incorporation by
reference of new and updated standards published by the International
Organization for Standardization (ISO) and the International
Electrotechnical Commission (IEC). PHMSA received general support from
the commenters on the principle of harmonizing the U.S. regulations
with international transport and technical standards. We did not
receive any comments that opposed our proposals to incorporate these
standards and will adopt them in this final rule.
Chemical Under Pressure
    In the NPRM, PHMSA proposed to amend the HMT to include individual
entries for chemical under pressure and incorporate other safety
requirements including, but not limited to, quantity and filling limits
and packaging and segregation requirements. PHMSA received one comment
on this proposal from 3M in support of the proposals to add entries for
chemical under pressure. 3M requested we authorize the use of non-
refillable cylinders larger than 1.25 liters containing flammable gas
consistent with the UN Model Regulations. PHMSA's intent regarding the
chemical under pressure entry was to comprehensively align the
requirements of this entry with international standards. In this final
rule we are revising the packaging requirements for chemical under
pressure to authorize the use of non-refillable cylinders larger than
1.25 liters for chemical under pressure.
Aircraft Batteries
    In the NPRM, PHMSA proposed to revise the HMR to permit the
transport of wet cell aircraft batteries and lithium ion aircraft
batteries aboard passenger aircraft in excess of the quantity limited
specified in column 9A of the HMR. PHMSA received comments from Saft
and PRBA in support of these proposed amendments because these changes
would further harmonize the HMR with the ICAO Technical Instructions.
Both Saft and PRBA cite a requirement in the ``FAA Modernization and
Reform Act of 2012'' (Sec.  828, Pub. L 112-95; 126 Stat. 133 (Feb 14,
2012)) (FAA Modernization and Reform Act of 2012) that states the
Secretary of Transportation, including a designee of the Secretary, may
not issue or enforce any regulation or other requirement regarding the
transportation by aircraft of lithium metal cells or batteries or
lithium ion cells or batteries, whether transported separately or
packed with or contained in equipment, if the requirement is more
stringent than the requirements of the ICAO Technical Instructions, and
state that the NPRM proposal would be more restrictive than
requirements in the ICAO Technical Instructions. The commenters noted
that as proposed in the NPRM, the exception would only apply when an
air carrier was transporting its own replacement items, whereas the
2013-2014 ICAO Technical Instructions does not impose this restriction.
In this final rule PHMSA has revised this exception to ensure full
alignment with the ICAO Technical Instructions and FAA Modernization
and Reform Act of 2012 statutory requirements.
Vessel Stowage Requirements
    In the NPRM, we proposed to revise the vessel stowage location
requirements for explosives and reduce the number of explosive stowage
categories from 15 to 5 in column (10A) of the HMT. IVODGA and SAAMI
supported the proposed assignment of vessel stowage requirements for
certain small arms cartridges consistent with the IMDG Code.
Size Requirements for ``UN'' or ``NA'' Markings
    The HMR details the general marking requirements for non-bulk
packages in Sec.  172.301 including the proper shipping name, the
``UN'' or ``NA'' number technical names as applicable and the consignee
or consignor's name and address. In the NPRM, we proposed to adopt
minimum size requirements for the ``UN'' or ``NA'' markings and provide
a one year transition period. This action was consistent with recent
changes adopted in the UN Model Regulations, the IMDG Code and the ICAO
Technical Instructions.
    PHMSA received comments from the DGAC, Dow, HWI, Stericycle, and
Veolia. DGAC and Dow requested an effective date of no earlier than
January 1, 2017 for this requirement to allow for the depletion of
finished products and labels and preprinted packaging stock. Veolia
suggested the character size limit should only apply to international
hazardous materials shipments. HWI and Stericycle note that the
proposed

change would impose an unnecessary economic burden since they employ
reusable packaging permanently marked with the UN number or pre-printed
shipping labels that may not meet proposed minimum size marking. In
response to these comments, we will delay the effective date of this
requirement until January 1, 2017 and permit packages permanently
marked prior to this date to remain in use until the end of their
useful life. This will minimize the economic impact of this requirement
and provide a suitable period to permit the depletion of preprinted
packages.
Flexible Bulk Containers
    In the NPRM, PHMSA proposed to adopt a new packaging definition,
operational controls, performance-oriented standards, and testing
requirements for Flexible Bulk Containers (FBCs). The proposed FBC
requirements are modeled after the FBC requirements adopted into the
17th revised edition of the UN model Regulations. IVODGA and DGAC
support the introduction of FBCs and since we received no adverse
comments to these proposals, we will adopt these requirements as
proposed.
Amendments Proposed in the NPRM But Not Adopted in the Final Rule
    In this section, PHMSA discusses changes not adopted in the final
rule as a result of comments in response to the August 15, 2012 Notice
of Proposed Rulemaking (NPRM).
Used Medical Devices
    The UN Model Regulations have been amended to exempt medical
devices or equipment potentially contaminated with or containing
infectious substances which are drained of free liquids from all other
requirements of the UN Model Regulations. In the August 15, 2012 NPRM,
PHMSA proposed to amend Sec.  173.134, ``Class 6, Division 6.2-
Definitions and Exceptions'' to adopt additional exemptions for medical
devices and equipment. PHMSA received one comment from COSTHA opposing
our adoption of these changes to the HMR. COSTHA noted that the ICAO
Dangerous Goods Panel (DGP) has reviewed and has chosen not to adopt
the provisions for transportation by aircraft. COSTHA also noted that
changes to the HMR before ICAO has adopted the change would lead to
confusion and disharmony. COSTHA further noted that papers will be
presented to both the UN and ICAO in an attempt to alter the current
exceptions for used medical devices.
    The HMR has long standing provisions for the transport of
potentially contaminated medical devices, some tied to provisions in 29
CFR, concerning the domestic shipment of such goods. Pending further UN
changes and consultation with the Centers for Disease Control, PHMSA
will not adopt the proposed changes to Sec.  173.134 in this final
rule.
Fuel in Machinery
    Prior to the publication of the 17th Revised Edition of the UN
Model Regulations, the transport of large amounts of fuel in machinery
was not specifically addressed in international transport regulations.
In the most recent biennium of the UNSCOE, some experts expressed
concerns about the transport of large amounts of fuel in machinery.
This concern led the international community to adopt in the 17th
Revised Edition of the UN Model Regulations a special provision
associated with fuel-related Class 3 entries.
    Special Provision 363, as adopted in the UN Model Regulations,
requires an article that contains fuel in excess of the limited
quantity authorized amount and is ineligible to be described as
Dangerous Goods in Machinery or Apparatus, UN3363, to conform to
several general provisions to avoid being subject to the remainder of
the HMR. In the August 15, 2012 NPRM, PHMSA proposed the addition of SP
363 for transportation by vessel to various Class 3 fuels modeled on
the corresponding special provision adopted in the UN Model
Regulations. PHMSA received three comments (Caterpillar, DGAC, &
IVODGA) concerning our proposed adoption of special provision 363.
    Both DGAC and Caterpillar were opposed to PHMSA's adoption of
special provision 363. Caterpillar stated that PHMSA's proposed
addition of special provision 363 was not based on sufficient data
demonstrating the revision would improve transport safety. Caterpillar
also stated that the change would introduce conflicting requirements
and regulatory uncertainty and would be excessively burdensome. DGAC
stated that the adoption of special provision 363 would introduce
conflicting requirements and regulatory uncertainty, and highlighted a
proposal they will present to the UN to clarify special provision 363.
    Caterpillar noted that the proposal in the August 15, 2012 NPRM
does not demonstrate through data obtained via scientific methodology
any connection between the proposed revision and enhanced reductions in
risks to people and the environment for all affected shipments.
Caterpillar and DGAC noted that the adoption of the changes proposed in
the NPRM creates conflicting requirements under the HMR for shipments
of generators and machinery.
    Caterpillar also commented that proposed special provision 363 is
excessively burdensome and would result in millions of dollars of
expenditures for unnecessary transport related costs that would
ultimately raise the consumer price of affected shipments.
    IVODGA supported the adoption of special provision 363, stating
concern that many fuel storage components within such machinery may not
meet UN Performance Oriented Packaging or bulk tank specifications.
IVODGA recommended PHMSA adopt special provision 363 as proposed to
help prevent frustrated shipments at ports of discharge and loading in
the United States.
    PHMSA will not adopt special provision 363 in this final rule. This
decision not to adopt special provision 363 is based on several
factors. The first was a lack of concrete safety or incident data that
indicated a need for increased regulation of domestic shipments of
machinery and equipment containing fuel in amounts over the authorized
limited quantity amount for that particular fuel. Also PHMSA believes
that to adopt this special provision would require a review of existing
requirements for UN3166, and possibly UN3366 that has yet to take
place. PHMSA would like to note that even though we are not adopting
special provision 363, shippers offering hazardous materials in
accordance with Subpart C of Part 171 may utilize the IMDG Code,
including special provision 363, if all or part of the movement is by
vessel. PHMSA would also like to note that a shipper utilizing the IMDG
Code to offer cargo to a vessel for transport must still comply with
special provision 363 under the IMDG Code. PHMSA will likely revisit
the need to incorporate special provision 363 after a determination is
made at the UN on pending papers concerning the implementation of this
special provision.
Requirements for Salvage Pressure Receptacles
    The 17th Revised Edition of the UN Model Regulations adopted
guidelines for Competent Authorities to use when issuing approvals for
salvage pressure receptacles. These revisions are found in Chapter 1.2,
4.1, 5.4, and 6.2 of the UN Model Regulations. Specifically, these
requirements address the

packaging, hazard communication, and safe transport of salvage pressure
receptacles, also known as salvage cylinders in the United States.
    The HMR currently address the packaging, hazard communication, and
safe transport of salvage cylinders in Sec.  173.3(d) and do not
require approval of the Associate Administrator to do so. Accordingly,
PHMSA did not propose adopting this provision in the August 15, 2012,
NPRM. During the comment period, PHMSA was alerted that Chemically
Speaking has filed a petition (P-1596) that requests PHMSA amend the
HMR to add Class 4 and Class 5 hazardous materials to the hazard
classes authorized in salvage cylinders. While this petition has merit,
we did not receive it in time to address in this rulemaking. We will
consider this petition in a future rulemaking.
Additional Clarification on the Requirements for Lithium Batteries
    On August 15, 2012, PHMSA published an NPRM associated with this
rulemaking (RIN 2137-AE87, 77 FR 49168). In the NPRM, no specific
amendments were proposed regarding the requirements for the air
transportation and handling of lithium batteries. However, in that
NPRM, PHMSA did propose the incorporation by reference of the 2013-2014
Edition of the ICAO Technical Instructions which covers the air
transportation of lithium batteries. This final rule adopts that
provision and will incorporate the 2013-2014 Edition of the ICAO
Technical Instructions by reference. Upon adoption of this provision,
for purposes of the HMR a shipment of lithium batteries would be
permitted to be transported by air in accordance with the 2013-2014
Edition of the ICAO Technical Instructions (with the exception of
primary lithium batteries and cells aboard passenger carrying aircraft
and unapproved prototype lithium batteries and cells aboard passenger
carrying aircraft) or the applicable requirements currently specified
in the HMR (see Sec. Sec.  171.24(d)(1)(ii), and 171.24(d)(1)(iii)).
Incorporation by reference of the 2013-2014 Edition of the ICAO
Technical Instructions will allow shippers and carriers to choose which
method of compliance is appropriate to the specific shipment. This
Final Rule (RIN 2137-AE87; PHMSA-2012-0027) does not have any bearing
on regulatory decisions associated with Docket HM-224F, (RIN 2137-AE44;
PHMSA-2009-0095). PHMSA is requesting additional comment on various
issues related to the air transportation and handling of lithium
batteries in a separate Notice, under the Docket for that rulemaking
(RIN AE44; PHMSA-2009-0095).

IV. Section-By-Section Review

    The following is a section-by-section review of the amendments
adopted in this final rule:

Part 171

Section 171.7
    Section 171.7 provides a listing of all standards incorporated by
reference into the HMR. For this rulemaking, we evaluated updated
international consensus standards pertaining to proper shipping names,
hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements and determined that the revised standards provide an
enhanced level of safety without imposing significant compliance
burdens. These standards have a well-established and documented safety
history; their adoption will maintain the high safety standard
currently achieved under the HMR. Therefore, we are adding and revising
the incorporation by reference materials under the following
organizations:
    The International Civil Aviation Organization (ICAO) Technical
Instructions for the Safe Transport of Dangerous Goods by Air, 2011-
2012 Edition is revised to incorporate the 2013-2014 Edition.
    The International Convention for the Safety of Life at Sea (SOLAS)
Amendments 2002, Chapter II-2/Regulation 19, Consolidated Edition 2004
is revised to incorporate the 2009 Consolidated Edition.
    The International Electrotechnical Commission (IEC) Fuel cell
technologies--Part 6-1: Micro fuel cell power systems--Safety, IEC/PAS
62282-6-1:2006(E), First Edition 2006-02, with Corrigendum 1, First
Edition 2007-04 is removed and replaced with Fuel cell technologies--
Part 6-100: Micro fuel cell power systems--Safety, IEC 62282-6-
100:2010, Edition 1.0, March 2010 and Amendment 1 to IEC 62282-6-100,
October 12, 2012. FCHEA requested we incorporate the recently approved
Amendment 1 to the International Electrotechnical Commission standard
for micro-fuel cell cartridges as well as a request for a slight
alteration in the way we reference the document. In this final rule we
will incorporate by reference amendment 1 to the IEC international
standard and change the wording used to reference the document.
    The International Maritime Organization (IMO) International
Maritime Dangerous Goods Code, 2010 Edition, Incorporating Amendment
35-10, English Edition, Volumes 1 and 2 is revised to incorporate the
2012 Edition, Amendment 36-12.
    The International Organization for Standardization (ISO) entries
for ``ISO 10156:1996, Gases and Gas Mixtures--Determination of fire
potential and oxidizing ability for the selection of cylinder valve
outlets, Second edition, February 1996 (E)'' and ``ISO 10156-2:2005,
Gas cylinders--Gases and gas mixtures--Part 2: Determination of
oxidizing ability of toxic and corrosive gases and gas mixtures, First
edition, August 2005, (E)'' are removed and replaced with an entry for
``ISO 10156:2010: Gases and gas mixtures--Determination of fire
potential and oxidizing ability for the selection of cylinder valve
outlets, Third edition, March 2010.''
    The entry ``ISO 4126-1: Safety valves--Part 1: General
requirements, December 15, 1991, First edition'' is revised to the
entry ``ISO 4126-1:2004(E): Safety devices for protection against
excessive pressure--Part 1: Safety valves, Second edition 2004-02-15.''
The entry ``ISO 11117, Gas cylinders--Valve protection caps and valve
guards for industrial and medical gas cylinders--Design, construction
and tests, First edition, August 1998, (E)'' is revised to the entry
``ISO 11117:2008(E): Gas cylinders--Valve protection caps and valve
guards--Design, construction and tests, Second edition, 2008-09-01.''
The entry ``ISO 11117:2008/Cor.1:2009(E): Gas cylinders--Valve
protection caps and valve guards--Design, construction and tests,
Technical Corrigendum 1, 2009-05-01'' is added.
    The entries ``ISO 4126-7:2004(E): Safety devices for protection
against excessive pressure--Part 7: Common data, First Edition 2004-02-
15,'' ``ISO 4126-7:2004/Cor.1:2006(E): Safety devices for protection
against excessive pressure--Part 7: Common data, Technical Corrigendum
1, 2006-11-01,'' and ``ISO 13340:2001(E) Transportable gas cylinders--
Cylinder valves for non-refillable cylinders--Specification and
prototype testing, First edition, 2004-04-01'' are added.
    The Transport Canada entry, Transportation of Dangerous Goods
Regulations, including Clear Language Amendments 1 through 7 is revised
to include Amendments 8, 9 and 10.
    The United Nations Recommendations on the Transport of Dangerous
Goods--Model Regulations, 16th Revised Edition (2009), Volumes I and
II, is revised to incorporate the 17th

Revised Edition (2011), Volumes I and II.
    The United Nations Recommendations on the Transport of Dangerous
Goods--Manual of Tests and Criteria, Fifth Revised Edition (2009), is
revised to incorporate Amendment 1 (2011). One commenter (DGAC)
requested that we do not require compliance with the lithium battery
testing requirements contained in Amendment 1 for lithium cells and
batteries manufactured before January 1, 2014. Since PHMSA has
specified a delayed compliance date of January 1, 2014 for this final
rule, compliance with Amendment 1 will only be required for lithium
cells and batteries manufactured on or after January 1, 2014.
    In addition to the revisions and additions above, PHMSA is
restructuring Sec.  171.7 to comply with National Archives and Records
Administration requirements for centralized IBR section formatting.
This change is not intended to remove or change any IBR materials
previously incorporated by reference, with the exception of those
references mentioned above.
Section 171.8
    This section defines terms generally used throughout the HMR that
have broad or multi-modal applicability. PHMSA is adding the following
defined terms:
    Aircraft battery: This term means a battery designed in accordance
with a recognized aircraft battery design standard (e.g. FAA technical
standard order) that is capable of meeting all aircraft airworthiness
requirements and operating regulations.
    Currently the HMR does not define aircraft battery. The recent
amendment of special provision A51 in the ICAO TI require PHMSA to
define this term to ensure appropriate application of this special
provision.
    Flexible Bulk Container (FBC): This term means a flexible container
with a capacity not exceeding 15 cubic meters and includes liners and
attached handling devices and service equipment.
    Currently the HMR do not prescribe requirements for the transport
of FBCs. In this final rule, PHMSA is adopting various transportation
and manufacturing requirements for FBCs. Prior to adoption of such
standards, the term ``Flexible Bulk Container'' must be defined.
Therefore we are adopting the above definition of an FBC based on the
definition for FBC adopted in the IMDG Code and 17th Revised Edition of
the UN Model Regulations.

Part 172

Section 172.101
    Section 172.101 provides instructions for using the Hazardous
Materials Table (HMT) and the HMT itself. In this final rule, PHMSA is
revising the instructional text that precedes the HMT.
    Paragraph (c) of Sec.  172.101 describes the information indicated
in column 2 of the HMT. Column 2 lists the hazardous materials
descriptions and proper shipping names of materials designated as
hazardous materials. Paragraph (c)(10) of Sec.  172.101 prescribes how
mixtures or solutions not identified specifically by name are
described.
    PHMSA is revising Sec.  172.101(c)(10) to incorporate language
adopted in the 17th Revised Edition of the UN Model Regulations that
states mixtures and solutions must meet the definition of one or more
hazard classes to be classified as a hazardous material. This change
will clarify that for a mixture or solution composed of one or more
components that are classified as a hazardous material, the resulting
mixture or solution must meet the definition of one or more hazard
classes to be classified as a hazardous material.
    Paragraph (k) of Sec.  172.101explains the purpose of column (10)
of the HMT and prescribes the vessel stowage and segregation
requirements for specific entries in the HMT. Column (10) is divided
into two columns: column (10A) [Vessel stowage] specifies the
authorized stowage locations on board cargo and passenger vessels and
column (10B) [Other provisions] specifies special stowage and
segregation provisions.
    We are modifying these instructions by revising the vessel stowage
location requirements for explosives and reducing the number of
explosive stowage categories from 15 to 5. Specifically, the explosive
stowage categories 6 through 15 will be eliminated and stowage
categories 1 through 5 will be modified. Changes to the explosive
stowage categories are necessary because, as part of this final rule,
PHMSA is removing magazine stowage Types ``A,'' ``C,'' and special
stowage from Part 176 with the consolidation of authorized explosive
stowage categories. The authorized explosive stowage categories will be
replaced with a new term of art ``Closed cargo transport units for
Class 1 (explosives).'' Included in this definition are freight
containers or transport vehicles that are structurally serviceable in
accordance withSec.  176.172, portable magazines conforming to Sec.
176.137, and small vessel compartments (i.e., mast lockers and deck
house). These changes will require Class 1 materials to be shipped in
closed cargo transport units as defined above when stowed on deck.
Hazardous Materials Table (HMT)
    In this final rule, PHMSA is amending the HMT. Readers should
review all changes for a complete understanding of the amendments. For
purposes of the Government Printing Office's typesetting procedures,
changes to the HMT appear under three sections of the Table,
``remove,'' ``add,'' and ``revise.'' Certain entries in the HMT, such
as those with revisions to the proper shipping names, appear as a
``remove'' and ``add.'' Amendments to the HMT include the following:
New HMT Entries.
UN3497 Krill meal
    This new HMT entry is created because krill meal has a chemical
composition that is significantly different from that of fish meal. It
contains a natural stabilizing substance (ethoxyquin) and the fat
content of krill meal is higher than that of fish meal. The UN numbers
established for fish meal are restricted to maximum fat contents, which
makes these UN numbers not applicable to krill meal.

UN3498 Iodine monochloride, liquid
    This new HMT entry is a result of the division of the proper
shipping name Iodine monochloride into two authorized proper shipping
names; one for the liquid state of the commodity and another for the
solid state. Solid shipments of Iodine monochloride remain assigned to
UN1792.

UN3499 Capacitor, electric double layer (with an energy storage
capacity greater than 0.3 Wh)

    This new HMT entry covers capacitors with an energy storage
capacity greater than 0.3 Wh. Capacitors are assigned as a Class 9
miscellaneous hazardous material and measures required to prevent short
circuit are provided in special provision 361.

UN3500 Chemical under pressure, n.o.s.
UN3501 Chemical under pressure, flammable, n.o.s.
UN3502 Chemical under pressure, toxic, n.o.s.
UN3503 Chemical under pressure, corrosive, n.o.s.
UN3504 Chemical under pressure, flammable, toxic, n.o.s.
UN3505 Chemical under pressure, flammable, corrosive, n.o.s.

    The ``Chemical under pressure. n.o.s.'' HMT entries are added to
address shipments of liquids or solids (e.g.,

adhesives, coatings, and cleaners) combined with a gas or gas mixtures
utilized to expel the contents from pressure vessels. The primary
hazard class for these shipments is determined by the hazard presented
by the propellant and any subsidiary risk is determined by the
properties of the liquid or solid under pressure. Toxic gases are not
permitted as propellants.

UN3506 Mercury contained in manufactured articles

    This new entry was created to separately address manufactured
articles containing mercury. The international community provided an
exception from regulation for instruments and articles containing not
more than 1 kg of mercury, when transported by means other than
aircraft. PHMSA is unable to adopt a comparable exception as the
reportable quantity for mercury is 0.454 kg (1.00 lbs.), but is
revising the current exception authorized in Sec.  173.164(e) for
shipments containing less than 0.454 kg (1.00 pound) to include
transportation by vessel.

UN1950 Aerosols, corrosive, Packing Group II or III (each not exceeding
1 L capacity).

    This new entry was inadvertently removed from the HMT due to an
incorrect amendatory instruction in a September 13, 2011 final rule (76
FR 56304; HM-244D). The entry is being placed back into the HMT.
Removed HMT Entries
UN3492 Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an
inhalation toxicity lower than or equal to 200 ml/m3 and saturated
vapor concentration greater than or equal to 500 LC50
UN3493 Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an
inhalation toxicity lower than or equal to 1000 ml/m3 and saturated
vapor concentration greater than or equal to 10 LC50

    These entries are removed from the HMT due to their similarity to
UN3488 and UN3489 respectively. The sole difference between these
entries is the order of subsidiary risks, which does not affect the
classification and transport conditions applied to shipments of these
substances. As a result, PHMSA is removing identification numbers
UN3492 and UN3493 to avoid confusing shippers in determining which
identification numbers to use.
Amendments to the Column (1) Symbols
    Section 172.101(b) describes column (1) of the HMT and the
associated symbols that may be indicated in the column. In accordance
with Sec.  172.101(b), the symbol ``G'' identifies proper shipping
names for which one or more technical names of the hazardous material
must be entered in parentheses in association with the basic
description on a shipping paper. In this final rule, PHMSA is adding a
``G'' to column (1) for ``UN1707, Thallium compounds, n.o.s.'' The
addition of a ``G'' to this entry will provide notification of the
technical name of this toxic material and thus aid emergency responders
with providing an appropriate response.
Amendments to the Column (2) Hazardous Materials Descriptions and
Proper Shipping Names
    Section 172.101(c) describes column (2) of the HMT and the
requirements for hazardous materials descriptions and proper shipping
names. Among other requirements, in accordance with Sec.
172.101(c)(1), proper shipping names indicated in column (2) of the HMT
may be used in the singular or the plural form interchangeably.
Regardless, in this final rule, PHMSA is revising several entries in
the HMT to remove the plural ending letter ``s'' to provide continuity
with the internationally accepted proper shipping names. Specifically,
PHMSA is removing the letter ``s'' from: UN1107, Amyl chlorides;
UN1111, Amyl mercaptans; UN1113, Amyl nitrites; and, UN2347, Butyl
Mercaptans.
    Generally the physical state (solid or liquid) appears before the
hazard characteristics (toxic, flammable, etc.) in the sequence of
wording used in proper shipping names specified in column (2) of the
HMT. In some instances, the hazard characteristics are indicated before
the physical state. In this final rule, PHMSA is revising several
proper shipping names to indicate the physical state before the hazard
characteristics for consistency in formatting.
    Current proper shipping names:

------------------------------------------------------------------------
                  UN No.                        Proper shipping name
------------------------------------------------------------------------
3276......................................  Nitriles, toxic, liquid,
                                             n.o.s.
3278......................................  Organophosphorus compound,
                                             toxic, liquid, n.o.s.
3282......................................  Organometallic compound,
                                             toxic, liquid, n.o.s.
3439......................................  Nitriles, toxic, solid,
                                             n.o.s.
3464......................................  Organophosphorus compound,
                                             toxic, solid, n.o.s.
3467......................................  Organometallic compound,
                                             toxic, solid, n.o.s.
------------------------------------------------------------------------

    Revised proper shipping names:

------------------------------------------------------------------------
                  UN No.                        Proper shipping name
------------------------------------------------------------------------
3276......................................  Nitriles, liquid, toxic,
                                             n.o.s.
3278......................................  Organophosphorus compound,
                                             liquid, toxic, n.o.s.
3282......................................  Oranometallic compound,
                                             liquid, toxic, n.o.s.
3439......................................  Nitriles, solid, toxic,
                                             n.o.s.
3464......................................  Organophosphorus compound,
                                             solid, toxic, n.o.s.
3467......................................  Organometallic compound,
                                             solid, toxic, n.o.s.
------------------------------------------------------------------------

    A new proper shipping name ``Cartridges for tools, blank'' is
assigned to identification number UN0014. This proper shipping name
more appropriately describes industrial blank cartridges currently
described as ``UN0323, Cartridges, power device'' or ``ORM-D or ORM-D-
AIR, Cartridges, power device (used to project fastening devices).'' In
the NPRM, PHMSA proposed to remove the ``ORM-D'' entry for
``Cartridges, power device (used to project fastening devices)''
because the proper shipping name for such articles is now ``Cartridges
for tools, blank'' under identification number UN0014. Subsequent
changes were proposed to Sec.  173.63 and the Sec.  172.102(c)(1)
special provision 347 to replace any references to ``ORM-D or ORM-D-
AIR, Cartridges, power device (used to project fastening devices)''
with the new description ``UN0014, Cartridges for tools, blank (used to
project fastening devices).'' Additionally, such articles are not
subject to the UN Test Series 6(d) previously required under special
provision 347. The description ``UN0323, Cartridges, power device''
will remain subject to special provision 347.
    PHMSA received one comment from SAAMI noting that the proposed
domestic only entry for Cartridges for tools, blank (used to project
fastening devices) was unnecessary and should be deleted. SAAMI also
asked for the retention of the ORM-D entry for Cartridges, power device
until the end of the transition period for its use. SAAMI raised
concerns over packaging manufactured and marked to meet current HMR
requirements. SAAMI stated that existing packaging inventory will be
depleted during 2013, but industry will not be ready to stop using

the old markings for ORM-D ``Cartridges, power device'' on January 1,
2013, and that HM-215K provided a deadline of December 31, 2013 to
accomplish this transition. PHMSA agrees and is retaining the entry
Cartridges power device (used to project fastening devices) and will
not be adopting a domestic only entry for Cartridges for tools, blank.
    The proper shipping name for ``UN1305, Vinyltrichlorosilane,
stabilized'' is amended by removing the term ``stabilized'' for
consistency with the Dangerous Goods Lists of the various international
standards and the HMT of the HMR. The revised proper shipping name for
UN1305 is ``Vinyltrichlorosilane.''
    The 17th Revised Edition of the UN Model Regulations amended the
qualifying text (text in italics) for UN Nos. 3381-3390 and UN Nos.
3488-3491. The changes to these entries' qualifying or modifying text
in italics would change the wording from ``with an inhalation toxicity
lower than or equal to'' to ``with an LC50 lower than or equal to.''
This terminology change better identifies the criteria used to
determine the proper classification of these substances.
Amendments to the Column (4) Identification Numbers
    Section 172.101(e) describes Column (4) of the HMT and the
designation of the identification number to each proper shipping name.
With the addition of a separate identification number (UN3506) for the
description ``Mercury contained in manufactured articles,'' PHMSA is
removing the description that is currently assigned to ``UN2809,
Mercury.''
Amendments to the Column (6) Label(s)
    Section 172.101(g) describes Column (6) of the HMT and the labels
required (primary and subsidiary) for specific entries in the HMT. Data
presented to the UN Committee of Experts on the Transport of Dangerous
Goods (UNCOE) in this last biennium indicated a need for the addition
of subsidiary risk of Division 6.1 (toxic) to be assigned to ``UN2809,
Mercury'' and to the new entry ``UN3506, Mercury contained in
manufactured articles.'' We note that for air transport, Special
provision A191 provides relief from the labeling and documentation
requirements of this new subsidiary risk.
    In addition to the changes above, data was also presented to the
UNCOE that indicated the need for a subsidiary risk of Division 6.1
(toxic) to be assigned to UN2381 Dimethyl disulfide.
    PHMSA is making appropriate amendments to the HMT to account for
these revisions to the UN Model Regulations.
Amendments to the Column (7) Special Provisions
    Section 172.101(h) describes Column (7) of the HMT and the Sec.
172.102(c) Special provisions assigned to specific entries in the HMT.
The particular modifications to the entries in the HMT are discussed
below. See Section 172.102 special provisions for a detailed discussion
of the additions, revisions, and deletions to the special provisions
addressed in this final rule.
    Several HMT entries are revised to include special provision B120.
Special provision B120 indicates that the material, when offered in
conformance with the applicable requirements of Part 178 and general
packaging requirements in Part 173, may be offered for transportation
in a Flexible Bulk Container. See Section 172.102 special provisions
for a detailed discussion of special provision B120.
    In this final rule, special provision B120 is assigned to the
following entries:

------------------------------------------------------------------------
                 Proper shipping name                        UN No.
------------------------------------------------------------------------
Naphthalene, crude or Naphthalene, refined............            UN1334
Sulfur (domestic and international entries)...........            UN1350
Calcium nitrate.......................................            UN1454
Magnesium nitrate.....................................            UN1474
Potassium nitrate.....................................            UN1486
Sodium nitrate........................................            UN1498
Sodium nitrate and potassium nitrate mixtures.........            UN1499
Ammonium nitrate, with not more than 0.2% total                   UN1942
 combustible material, including any organic
 substance, calculated as carbon to the exclusion of
 any other added substance............................
Ammonium nitrate based fertilizer.....................            UN2067
Paraformaldehyde......................................            UN2213
Environmentally hazardous substance, solid, n.o.s.....            UN3077
Sodium perborate monohydrate..........................            UN3377
Sodium carbonate peroxyhydrate........................            UN3378
------------------------------------------------------------------------

    New special provision 222 is added to the ORM-D entries for
Cartridges, small arms, and Cartridges power device (used to project
fastening devices). See Section 172.102 Special provisions for a
detailed discussion of the addition of special provision 222.
    The entry for UN1008 Boron trifluoride is assigned new special
provision 238. See Section 172.102 Special provisions for a detailed
discussion of the addition of special provision 238.
    Special provision A51 is added to authorize the transport of
aircraft batteries consistent with the provisions of the 2013-2014 ICAO
Technical Instructions.
    The portable tank code assigned to ``UN 1203, Gasoline'' was
inadvertently changed from T4 to T8 in a rulemaking under Docket Number
PHMSA-2009-0151 (HM-218F) [76 FR 43510]. As this was an inadvertent,
but consequential change, PHMSA is amending the entry for Gasoline to
indicate T4 as the appropriate portable tank code.
    With the addition of a Division 6.1 (toxic) subsidiary risk to
``UN2381, Dimethyl disulfide,'' the portable tank codes and portable
tank provisions are revised as follows:

T4 is replaced by T7
TP1 is replaced by TP2, TP13, and TP39

    See Section 172.102 Special provisions for a detailed discussion of
our addition of special provision TP39.
    Review of the ``Guiding Principles for the Development of the UN
Model Regulations (Guiding Principles)'' indicates that in some cases,
the portable tank instructions for the transport of Division 4.3 liquid
materials are not consistent with the Guiding Principles, and, in other
instances, relevant portable tank special provisions were missing or
incorrectly assigned. The following are revisions with deletions
indicated by a

strikethrough and additions or replacements shown in bold font.
[GRAPHIC] [TIFF OMITTED] TR07JA13.000

    See Section 172.102 Special provisions for a detailed discussion of
the addition of special provision TP41.
    Special provisions A100 and A103 are revised to clarify that the
weight (mass) limitations specified are net and not gross amounts for
secondary lithium batteries. See Section 172.102 Special provisions for
a detailed discussion of the revision of special provisions A100 and
A103.
    Special provision A191 is added to note that regardless of the
Division 6.1 (toxic) subsidiary risk indicated in the HMT, the toxic
subsidiary risk label and an indication of the subsidiary risk on the
shipping paper are not required for manufactured articles containing
less than 5 kg (11 pounds) of mercury. This special provision is
assigned to the entry ``UN3506, Mercury contained in manufactured
articles.''
    Special provision A200 is added to require that certain articles
may not be transported by passengers or crewmembers, on their person or
in their baggage and are to be shipped as cargo when transported via
aircraft. Under certain circumstances, the articles affected by this
special provision may be excepted from the requirements of the HMR.
When these articles are not subject to the regulations, there is the
potential for them to be inappropriately carried aboard an aircraft. In
response to this safety concern, the ICAO Technical Instructions were
revised to clarify that when transported by aircraft, these articles,
regardless of whether they are otherwise excepted from the regulations,
must be transported as cargo and may not be carried onboard an aircraft
by passengers or crewmembers in carry-on baggage, checked baggage, or
on their person unless specifically excepted by Sec.  175.10,
``Exceptions for Passengers, Crewmembers, and Air Operators.''
Consistent with the revised ICAO Technical Instructions requirement,
PHMSA is adopting the special provision restricting these items from
being carried aboard an aircraft by passengers and crewmembers.
    This special provision is assigned to the following entries:
``UN3166, Engines, internal combustion or Engines, fuel cell, flammable
gas powered''; ``UN3166, Engines, internal combustion or Engines, fuel
cell, flammable liquid powered''; ``UN3166, Vehicle, flammable gas
powered or Vehicle, fuel cell, flammable gas powered''; ``UN3166,
Vehicle, flammable liquid powered or Vehicle, fuel cell, flammable
liquid powered''; ``UN0503, Air bag inflators or Air bag modules or
Seat-belt pretensioners''; and ``UN3268, Air bag inflators or Air bag
modules or Seat-belt pretensioners.''
    Special provision W10 is assigned to ``UN3486, Calcium hypochlorite
mixture, dry, corrosive with more than 10% but not more than 39%
available chlorine'' and to ``UN2208, Calcium hypochlorite mixtures,
dry, with more than 10 percent but not more than 39 percent available
chlorine.'' Special provision W10 indicates that, when offered for
transportation by vessel, these entries may not be offered in large
packagings. See Section 172.102 Special provisions for a detailed
discussion of the addition of special provision W10.
Amendments to the Column (8a) Packaging Exceptions
    Column 8A contains exceptions from some of the requirements of this
subchapter. The referenced exceptions are in addition to those
specified in subpart A of part 173 and elsewhere in this subchapter. A
``None'' in this column means no packaging exceptions are authorized,
except as may be provided by special provisions in Column 7. PHMSA
received one comment from SAAMI noting that PHMSA, unlike the UN Model
Regulations, IMDG Code and the European Road and Rail Regulations
(ADR), did not propose a limited quantity exception for UN 0055
``Cases, cartridge, empty with primer'' as a limited quantity. This was
an inadvertent omission and PHMSA is adding 63 to column 8a of the HMT
for the UN 0055 entry.
Amendments to the Column (9) Quantity Limitations
    Section 172.101(j) describes Column (9) of the HMT and the quantity

limitations for specific entries in the HMT. Furthermore, Columns (9A)
and (9B) specify the maximum quantities that may be offered for
transportation in one package by passenger-carrying aircraft or
passenger-carrying rail car (Column (9A)) or by cargo-only aircraft
(Column (9B)). Unless otherwise indicated the quantity limitations
shown in column (9) of the HMT are net. PHMSA is removing the gross
weight indicator in columns (9A) (if authorized previously) and (9B)
for the following battery entries. The quantity limit for these entries
should be based on the weight of the battery or batteries and not the
weight of the battery or batteries plus the packaging (i.e., the
package).

UN3028 Batteries, dry, containing potassium hydroxide solid, electric,
storage
UN2794 Batteries, wet, filled with acid, electric storage
UN2795 Batteries, wet, filled with alkali, electric storage
UN3468 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
UN3090 Lithium battery
UN3091 Lithium batteries packed with equipment

    PHMSA is revising column (9A) to forbid several entries previously
authorized for shipment on passenger-carrying aircraft or passenger-
carrying rail to harmonize with changes to the ICAO Technical
Instructions. The following entries would now be forbidden on
passenger-carrying aircraft or passenger-carrying rail.

UN1196 Ethyltrichlorosilane
UN1250 Methyltrichlorosilane
UN1298 Trimethylchlorosilane
UN1305 Vinyltrichlorosilane
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.

    Quantity limits of 450 L for ``UN3334, Aviation regulated liquid,
n.o.s.'' and 400 kg for ``UN3335, Aviation regulated solid, n.o.s.''
are added for both columns (9A) and (9B). Previously, there was no
limit to the amount authorized to be shipped in one package. These new
quantity limits are consistent with authorized quantity limits found in
the ICAO Technical Instructions.
Amendments to the Column (10) Vessel Stowage Requirements.
Vessel Stowage Location (10A)
    Section 172.101(k) explains the purpose of column (10) of the HMT
and prescribes the vessel stowage and segregation requirements for
specific entries in the HMT. Column (10) is divided into two columns:
column (10A) [Vessel stowage] specifies the authorized stowage
locations on board cargo and passenger vessels and column (10B) [Other
provisions] specifies special stowage and segregation provisions.
    One commenter (SAAMI) noted that limited quantity shipments are
assigned the least restrictive stowage category and are excepted from
additional stowage provisions in 3.4.3 of the IMDG Code and requested
that PHMSA do the same. PHMSA agrees and is amending Sec.  172.101(k)
to ensure that shipments offered as limited quantities are allocated to
stowage category A, and to note that such shipments are excepted from
the other stowage provisions indicated by codes in column 10B of the
HMT for the material being offered for transport as a limited quantity.
PHMSA is simplifying the number of vessel stowage locations for
shipments of Class 1 explosive materials to harmonize with recently
adopted vessel explosive stowage categories in the IMDG Code.
Currently, there are 15 possible stowage location codes available for
assignment to column (10A) for explosive shipments. Recent changes in
the IMDG Code have reduced the number of available explosive stowage
location codes to five. This consolidation of codes was accomplished to
reduce the complexity of the regulations without compromising safety.
    The International Maritime Organization (IMO) determined that the
term ``magazine'' was no longer necessary and the magazine concept
could be incorporated into a broader definition for closed cargo
transport units for Class 1 (explosives) material. In general, a
magazine used to store and transport explosives is equivalent to a
closed cargo transport unit with a wooden floor. A magazine type A has
additional wooden walls, or walls covered with wooden pallets, and is
currently only assigned to 7 entries in the HMT. A magazine type C is
currently defined by a minimum distance to the ship's side of 2.4 m (8
feet). Requirements to load Class 1 closed cargo transport units a
minimum distance of 2.4 m (8 feet) from the ship's side wall remove the
need for specific stowage category references to magazine stowage type
C. The IMO, taking into account the properties of various classes and
divisions of explosives, has determined that only 1.4S, 1.4G, 1.4D, and
1.4C explosives are acceptable on passenger ships. PHMSA agrees and has
removed the majority of Class 1 stowage location codes and revised the
remaining codes. The codes for each Class 1 entry are grouped by
stowage code (01, 02, 03, 04, or 05) as follows:
Explosive Stowage Category
01--means the material may be stowed ``on deck'' in closed cargo
transport units or ``under deck'' on a cargo vessel (up to 12
passengers) and on a passenger vessel
02--means the material may be stowed ``on deck'' in closed cargo
transport units or ``under deck'' on a cargo vessel (up to 12
passengers) and ``on deck'' in closed cargo transport units or ``under
deck'' in closed cargo transport units on a passenger vessel
03--means the material may be stowed ``on deck'' in closed cargo
transport units or ``under deck'' on a cargo vessel (up to 12
passengers) but the material is prohibited on a passenger vessel
04--means the material may be stowed ``on deck'' in closed cargo
transport units or ``under deck'' in closed cargo transports on a cargo
vessel (up to 12 passengers) but the material is prohibited on a
passenger vessel
05--means the material may be stowed ``on deck'' in closed cargo
transport units on a cargo vessel (up to 12 passengers) but the
material is prohibited on a passenger vessel

    Taking into account the properties of various classes and divisions
of explosives, the IMO determined new stowage category assignments as
follows:

------------------------------------------------------------------------
                                                               Stowage
                          Division                             category
------------------------------------------------------------------------
1.1A.......................................................           05
1.1B.......................................................           05
1.2B.......................................................           05
1.4B.......................................................           05
1.1C.......................................................           04
1.2C.......................................................           04
1.3C.......................................................           04
1.4C.......................................................           02
1.1D.......................................................           04
1.2D.......................................................           04
1.4D.......................................................           02
1.5D.......................................................           03
1.1E.......................................................           04
1.2E.......................................................           04
1.4E.......................................................           03
1.1F.......................................................           05
1.2F.......................................................           05
1.3F.......................................................           05
1.4F.......................................................           05
1.1G.......................................................           03
1.2G.......................................................           03
1.3G.......................................................           03
1.4G.......................................................           02
1.2H.......................................................           05
1.3H.......................................................           05
1.1J.......................................................           05
1.2J.......................................................           05
1.3J.......................................................           05
1.2K.......................................................           05
1.3K.......................................................           05
1.1L.......................................................           05
1.2L.......................................................           05
1.3L.......................................................           05
1.6N.......................................................           03
1.4S.......................................................           01
------------------------------------------------------------------------

    PHMSA agrees with the assignments and, in particular, agrees that
only 1.4S, 1.4G, 1.4D, and 1.4C explosives are acceptable on passenger
ships.
    Column (10A) in the HMT is revised to read Stowage Category 01 for
the following proper shipping names and corresponding identification
numbers:

------------------------------------------------------------------------
    Proper shipping name        Un No.   Proper shipping name    Un No.
------------------------------------------------------------------------
Articles, explosive, n.o.s..     UN0349  Fuse, safety........     UN0105
Articles, pyrotechnic for        UN0432  Fuzes, detonating...     UN0367
 technical purposes.
Cartridges, power device....     UN0323  Fuzes, igniting.....     UN0368
Cartridges, signal..........     UN0405  Grenades, practice,      UN0110
                                          hand or rifle.
Cartridges for weapons,          UN0014  Igniters............     UN0454
 blank or Cartridges, small
 arms, blank or Cartridges
 for tools, blank.
Cartridges for weapons,          UN0012  Lighters, fuse......     UN0131
 inert projectile or
 Cartridges, small arms.
Cases, cartridge, empty with     UN0055  Primers, cap type...     UN0044
 primer.
Charges, bursting, plastics      UN0460  Primers, tubular....     UN0376
 bonded.
Charges, explosive,              UN0445  Projectiles, inert       UN0345
 commercial without                       with tracer.
 detonator.
Charges, shaped, without         UN0441  Release devices,         UN0173
 detonator.                               explosive.
Components, explosive train,     UN0384  Rivets, explosive...     UN0174
 n.o.s..
Cutters, cable, explosive...     UN0070  Signal devices, hand     UN0373
Detonator assemblies, non-       UN0500  Signals, distress,       UN0506
 electric, for blasting.                  ship.
Detonators for ammunition...     UN0366  Signals, railway         UN0193
                                          track, explosive.
Detonators, electric for         UN0456  Signals, smoke......     UN0507
 blasting.
Detonators, non-electric for     UN0455  Substances,              UN0481
 blasting.                                explosive, n.o.s..
Fireworks...................     UN0337  Toy Caps............     NA0337
Flares, aerial..............     UN0404  ....................  .........
------------------------------------------------------------------------

    Column (10A) in the HMT is revised to read Stowage Category 02 for
the following proper shipping names and corresponding identification
numbers:

------------------------------------------------------------------------
    Proper shipping name        UN No.   Proper shipping name    UN No.
------------------------------------------------------------------------
5-Mercaptotetrazol-1-acetic      UN0448  Flares, aerial......     UN0403
 acid.
Air bag inflators, or Air        UN0503  Fuse, igniter            UN0103
 bag modules, or Seat-belt                tubular metal clad.
 pretensioners.
Ammunition, illuminating         UN0297  Fuzes, detonating,       UN0410
 with or without burster,                 with protective
 expelling charge or                      features.
 propelling charge.
Ammunition, incendiary with      UN0300  Fuzes, igniting.....     UN0317
 or without burster,
 expelling charge or
 propelling charge.
Ammunition, practice........     UN0362  Grenades practice,       UN0452
                                          hand or rifle.
Ammunition, proof...........     UN0363  Igniters............     UN0325
Ammunition, smoke with or        UN0303  Jet perforating          NA0494
 without burster, expelling               guns, charged oil
 charge or propelling charge.             well, with
                                          detonator.
Ammunition, tear-producing       UN0301  Jet perforating          UN0494
 with burster, expelling                  guns, charged, oil
 charge or propelling charge.             well, without
                                          detonator.
Articles, explosive, n.o.s..     UN0351  Powder, smokeless...     UN0509
Articles, explosive, n.o.s..     UN0352  Primers, tubular....     UN0320
Articles, explosive, n.o.s..     UN0353  Projectiles, inert,      UN0425
                                          with tracer.
Articles, explosive, n.o.s..     UN0354  Projectiles, with        UN0347
                                          burster or
                                          expelling charge.
Articles, pyrotechnic for        UN0431  Projectiles, with        UN0435
 technical purposes.                      burster or
                                          expelling charge.
Cartridges for weapons,          UN0338  Projectiles, with        UN0344
 blank or Cartridges, small               bursting charge.
 arms, blank.
Cartridges for weapons,          UN0339  Propellant, solid...     UN0501
 inert projectile or
 Cartridges, small arms.
Cartridges, oil well........     UN0278  Rockets, line-           UN0453
                                          throwing.
Cartridges, power device....     UN0276  Rockets, with            UN0438
                                          expelling charge.
Cartridges, signal..........     UN0312  Rockets, with inert      UN0502
                                          head.
Cases, cartridges, empty         UN0379  Signal devices, hand     UN0191
 with primer.
Cases, combustible, empty,       UN0446  Signals, distress,       UN0505
 without primer.                          ship.

Charges, bursting, plastics      UN0459  Signals, railway         UN0493
 bonded.                                  track, explosive.
Charges, explosive,              UN0444  Signals, smoke......     UN0197
 commercial without
 detonator.
Charges, propelling.........     UN0491  Substances,              UN0479
                                          explosive, n.o.s..
Charges, shaped, flexible,       UN0237  Substances,              UN0480
 linear.                                  explosive, n.o.s..
Charges, shaped, without         UN0440  Substances,              UN0485
 detonator.                               explosive, n.o.s..
Cord, detonating, flexible..     UN0289  Tetrazol-1-acetic        UN0407
                                          acid.
Cord, detonating, mild           UN0104  Tracers for              UN0306
 effect or Fuse, detonating,              ammunition.
 mild effect metal clad.
Cord, igniter...............     UN0066  Warheads, rocket         UN0370
                                          with burster or
                                          expelling charge.
Fireworks...................     UN0336  ....................  .........
------------------------------------------------------------------------

    Column (10A) in the HMT is revised to read Stowage Category 03 for
the following proper shipping names and corresponding identification
numbers:

------------------------------------------------------------------------
    Proper shipping name        UN No.   Proper shipping name    UN No.
------------------------------------------------------------------------
Ammonium nitrate-fuel oil        NA0331  Flares, aerial......     UN0421
 mixture containing only
 prilled ammonium nitrate
 and fuel oil.
Ammunition, illuminating         UN0171  Flares, surface.....     UN0092
 with or without burster,
 expelling charge or
 propelling charge.
Ammunition, illuminating         UN0254  Flares, surface.....     UN0418
 with or without burster,
 expelling charge or
 propelling charge.
Ammunition, incendiary with      UN0009  Flares, surface.....     UN0419
 or without burster,
 expelling charge, or
 propelling charge.
Ammunition, incendiary with      UN0010  Flash powder........     UN0094
 or without burster,
 expelling charge, or
 propelling charge.
Ammunition, practice........     UN0488  Flash powder........     UN0305
Ammunition, smoke with or        UN0015  Fuse, non-detonating     UN0101
 without burster, expelling               instantaneous or
 charge or propelling charge.             quickmatch.
Ammunition, smoke with or        UN0016  Fuzes, igniting.....     UN0316
 without burster, expelling
 charge or propelling charge.
Ammunition, tear-producing       UN0018  Grenades, practice,      UN0318
 with burster, expelling                  hand or rifle.
 charge or propelling charge.
Ammunition, tear-producing       UN0019  Grenades, practice,      UN0372
 with burster, expelling                  hand or rifle.
 charge or propelling charge.
Articles, explosive,             UN0486  Igniters............     UN0121
 extremely insensitive or
 Articles, EEI.
Articles, explosive, n.o.s..     UN0471  Igniters............     UN0314
Articles, pyrotechnic for        UN0428  Igniters............     UN0315
 technical purposes.
Articles, pyrotechnic for        UN0429  Primers, tubular....     UN0319
 technical purposes.
Articles, pyrotechnic for        UN0430  Projectiles, inert,      UN0424
 technical purposes.                      with tracer.
Bombs, photo-flash..........     UN0039  Projectiles, with        UN0434
                                          burster or
                                          expelling charge.
Bombs, photo-flash..........     UN0299  Rockets, line-           UN0238
                                          throwing.
Cartridges for weapons, with     UN0412  Rockets, line-           UN0240
 bursting charge.                         throwing.
Cartridges, flash...........     UN0049  Signals, distress,       UN0194
                                          ship.
Cartridges, flash...........     UN0050  Signals, distress,       UN0195
                                          ship.
Cartridges, signal..........     UN0054  Signals, railway         UN0192
                                          track, explosive.
Explosive, blasting, type B      UN0331  Signals, railway         UN0492
 or Agent blasting, Type B.               track, explosive.
Explosive, blasting, type E      UN0332  Signals, smoke......     UN0196
 or Agent blasting, Type E.
Fireworks...................     UN0333  Signals, smoke......     UN0313
Fireworks...................     UN0334  Signals, smoke......     UN0487
Fireworks...................     UN0335  Substances,              UN0476
                                          explosive, n.o.s..
Flares, aerial..............     UN0093  Substances,              UN0478
                                          explosive, n.o.s..
Flares, aerial..............     UN0420  Substances,              UN0482
                                          explosive, very
                                          insensitive, n.o.s.
                                          or Substances, EVI,
                                          n.o.s..
                              .........  Tracers for              UN0212
                                          ammunition.
------------------------------------------------------------------------

    Column (10A) in the HMT is revised to read Stowage Category 04 for
the following proper shipping names and corresponding identification
numbers:

------------------------------------------------------------------------
    Proper shipping name        UN No.   Proper shipping name    UN No.
------------------------------------------------------------------------
1H-Tetrazole................     UN0504  Hexolite, or Hexotol     UN0118
                                          dry or wetted with
                                          less than 15
                                          percent water, by
                                          mass.
1-Hydroxybenzotriazole,          UN0508  Hexotonal...........     UN0393
 anhydrous, dry or wetted
 with less than 20 percent
 water, by mass.
5-Nitrobenzotriazol.........     UN0385  Jet perforating          NA0124
                                          guns, charged oil
                                          well, with
                                          detonator.

Ammonium nitrate, with more      UN0222  Jet perforating          UN0124
 than 0.2 percent                         guns, charged oil
 combustible substances,                  well, without
 including any organic                    detonator.
 substance calculated as
 carbon, to the exclusion of
 any other added substance.
Ammonium perchlorate........     UN0402  Mannitol                 UN0133
                                          hexanitrate, wetted
                                          or Nitromannite,
                                          wetted with not
                                          less than 40
                                          percent water, or
                                          mixture of alcohol
                                          and water, by mass.
Ammonium picrate, dry or         UN0004  Mines with bursting      UN0137
 wetted with less than 10                 charge.
 percent water, by mass.
Articles, explosive, n.o.s..     UN0462  Mines with bursting      UN0138
                                          charge.
Articles, explosive, n.o.s..     UN0463  Nitro urea..........     UN0147
Articles, explosive, n.o.s..     UN0464  Nitrocellulose, dry      UN0340
                                          or wetted with less
                                          than 25 percent
                                          water (or alcohol),
                                          by mass.
Articles, explosive, n.o.s..     UN0466  Nitrocellulose,          UN0343
                                          plasticized with
                                          not less than 18
                                          percent
                                          plasticizing
                                          substance, by mass.
Articles, explosive, n.o.s..     UN0467  Nitrocellulose,          UN0341
                                          unmodified or
                                          plasticized with
                                          less than 18
                                          percent
                                          plasticizing
                                          substance, by mass.
Articles, explosive, n.o.s..     UN0468  Nitrocellulose,          UN0342
                                          wetted with not
                                          less than 25
                                          percent alcohol, by
                                          mass.
Articles, explosive, n.o.s..     UN0470  Nitroglycerin,           UN0143
                                          desensitized with
                                          not less than 40
                                          percent non-
                                          volatile water
                                          insoluble
                                          phlegmatizer, by
                                          mass.
Black powder or Gunpowder,       UN0027  Nitroglycerin,           UN0144
 granular or as a meal.                   solution in
                                          alcohol, with more
                                          than 1 percent but
                                          not more than 10
                                          percent
                                          nitrogylcerin.
Black powder, compressed or      UN0028  Nitroguanidine or        UN0282
 Gunpowder, compressed or                 Picrite, dry or
 Black powder, in pellets or              wetted with less
 Gunpowder, in pellets.                   than 20 percent
                                          water, by mass.
                              .........  Nitrostarch, dry or      UN0146
                                          wetted with less
                                          than 20 percent
                                          water, by mass.
Bombs, photo-flash..........     UN0038  Nitrotriazolone or       UN0490
                                          NTO.
Bombs, with bursting charge.     UN0034  Octolite or Octol,       UN0266
                                          dry or wetted with
                                          less than 15
                                          percent water, by
                                          mass.
Bombs, with bursting charge.     UN0035  Octonal.............     UN0496
Boosters, without detonator.     UN0042  Pentaerythrite           UN0411
                                          tetranitrate or
                                          Pentaerythritol
                                          tetranitrate or
                                          PETN, with not less
                                          than 7 percent wax
                                          by mass.
Boosters, without detonator.     UN0283  Pentaerythrite           UN0150
                                          tetranitrate,
                                          wetted or
                                          Pentaerythritol
                                          tetranitrate,
                                          wetted, or PETN,
                                          wetted with not
                                          less than 25
                                          percent water, by
                                          mass, or
                                          Pentaerythrite
                                          tetranitrate, or
                                          Pentaerythritol
                                          tetranitrate or
                                          PETN, desensitized
                                          with not less than
                                          15 percent
                                          phlegmatizer by
                                          mass.
Bursters, explosive.........     UN0043  Pentolite, dry or        UN0151
                                          wetted with less
                                          than 15 percent
                                          water, by mass.
Cartridges for weapons,          UN0326  Powder cake, wetted      UN0433
 blank.                                   or Powder paste,
                                          wetted with not
                                          less than 17
                                          percent alcohol by
                                          mass.
Cartridges for weapons,          UN0413  Powder cake, wetted      UN0159
 blank.                                   or Powder paste,
                                          wetted with not
                                          less than 25
                                          percent water, by
                                          mass.
Cartridges for weapons,          UN0327  Powder, smokeless...     UN0160
 blank or Cartridges, small
 arms, blank.
Cartridges for weapons,          UN0328  Powder, smokeless...     UN0161
 inert projectile.
Cartridges for weapons,          UN0417  Projectiles, with        UN0346
 inert projectile or                      burster or
 Cartridges, small arms.                  expelling charge.
Cartridges for weapons, with     UN0006  Projectiles, with        UN0168
 bursting charge.                         bursting charge.
Cartridges for weapons, with     UN0321  Projectiles, with        UN0169
 bursting charge.                         bursting charge.
Cartridges, oil well........     UN0277  Propellant, liquid..     UN0495
Cartridges, power device....     UN0275  Propellant, liquid..     UN0497
Cartridges, power device....     UN0381  Propellant, solid...     UN0498
Cases, combustible, empty,       UN0447  Propellant, solid...     UN0499
 without primer.
Charges, bursting, plastics      UN0457  RDX and HMX              UN0391
 bonded.                                  mixtures, wetted
                                          with not less than
                                          15 percent water by
                                          mass or RDX and HMX
                                          mixtures,
                                          desensitized with
                                          not less than 10
                                          percent
                                          phlegmatizer by
                                          mass.
Charges, bursting, plastics      UN0458  Rocket motors.......     UN0186
 bonded.
Charges, demolition.........     UN0048  Rocket motors.......     UN0280
Charges, depth..............     UN0056  Rocket motors.......     UN0281
Charges, explosive,              UN0442  Rockets, with            UN0181
 commercial without                       bursting charge.
 detonator.
Charges, explosive,              UN0443  Rockets, with            UN0182
 commercial without                       bursting charge.
 detonator.
Charges, propelling.........     UN0271  Rockets, with            UN0436
                                          expelling charge.
Charges, propelling.........     UN0272  Rockets, with            UN0437
                                          expelling charge.
Charges, propelling.........     UN0415  Rockets, with inert      UN0183
                                          head.
Charges, propelling, for         UN0242  Sodium dinitro-o-        UN0234
 cannon.                                  cresolate, dry or
                                          wetted with less
                                          than 15 percent
                                          water, by mass.
Charges, propelling, for         UN0279  Sodium picramate,        UN0235
 cannon.                                  dry or wetted with
                                          less than 20
                                          percent water, by
                                          mass.
Charges, propelling, for         UN0414  Sounding devices,        UN0374
 cannon.                                  explosive.
Charges, shaped, flexible,       UN0288  Sounding devices,        UN0375
 linear.                                  explosive.

Charges, shaped, without         UN0059  Substances,              UN0474
 detonator.                               explosive, n.o.s..
Charges, shaped, without         UN0439  Substances,              UN0475
 detonator.                               explosive, n.o.s..
Charges, supplementary           UN0060  Substances,              UN0477
 explosive.                               explosive, n.o.s..
Cord detonating or Fuse          UN0102  Tetranitroaniline...     UN0207
 detonating metal clad.
Cord, detonating or Fuse,        UN0290  Torpedoes with           UN0329
 detonating metal clad.                   bursting charge.
Cord, detonating, flexible..     UN0065  Torpedoes with           UN0451
                                          bursting charge.
Cyclotetramethylenetetranitr     UN0484  Trinitroaniline or       UN0153
 amine, desensitized or                   Picramide.
 Octogen, desensitized or
 HMX, desensitized.
Cyclotetramethylenetetranitr     UN0226  Trinitroanisole.....     UN0213
 amine, wetted or HMX,
 wetted or Octogen, wetted
 with not less than 15
 percent water, by mass.
Cyclotrimethylenetrinitramin     UN0483  Trinitrobenzene, dry     UN0214
 e, desensitized or                       or wetted with less
 Cyclonite, desensitized or               than 30 percent
 Hexogen, desensitized or                 water, by mass.
 RDX, desensitized.
Cyclotrimethylenetrinitramin     UN0072  Trinitrobenzenesulfo     UN0386
 e, wetted or Cyclonite,                  nic acid.
 wetted or Hexogen, wetted
 or RDX, wetted with not
 less than 15 percent water
 by mass.
Deflagrating metal salts of      UN0132  Trinitrobenzoic          UN0215
 aromatic nitroderivatives,               acid, dry or wetted
 n.o.s..                                  with less than 30
                                          percent water, by
                                          mass.
Diethyleneglycol dinitrate,      UN0075  Trinitrochlorobenzen     UN0155
 desensitized with not less               e or Picryl
 than 25 percent non-                     chloride.
 volatile water-insoluble
 phlegmatizer, by mass.
Dinitroglycoluril or Dingu..     UN0489  Trinitrofluorenone..     UN0387
Dinitrophenol, dry or wetted     UN0076  Trinitro-m-cresol...     UN0216
 with less than 15 percent
 water, by mass.
Dinitrophenolates alkali         UN0077  Trinitronaphthalene.     UN0217
 metals, dry or wetted with
 less than 15 percent water,
 by mass.
Dinitroresorcinol, dry or        UN0078  Trinitrophenetole...     UN0218
 wetted with less than 15
 percent water, by mass.
Dinitrosobenzene............     UN0406  Trinitrophenol or        UN0154
                                          Picric acid, dry or
                                          wetted with less
                                          than 30 percent
                                          water, by mass.
Dipicryl sulfide, dry or         UN0401  Trinitrophenylmethyl     UN0208
 wetted with less than 10                 nitramine or Tetryl.
 percent water, by mass.
Explosive, blasting, type A.     UN0081  Trinitroresorcinol       UN0219
                                          or Styphnic acid,
                                          dry or wetted with
                                          less than 20
                                          percent water, or
                                          mixture of alcohol
                                          and water, by mass.
Explosive, blasting, type B.     UN0082  Trinitroresorcinol,      UN0394
                                          wetted or Styphnic
                                          acid, wetted with
                                          not less than 20
                                          percent water, or
                                          mixture of alcohol
                                          and water by mass.
Explosive, blasting, type C.     UN0083  Trinitrotoluene and      UN0388
                                          Trinitrobenzene
                                          mixtures or TNT and
                                          trinitrobenzene
                                          mixtures or TNT and
                                          hexanitrostilbene
                                          mixtures or
                                          Trinitrotoluene and
                                          hexanitrostilnene
                                          mixtures.
Explosive, blasting, type D.     UN0084  Trinitrotoluene          UN0389
                                          mixtures containing
                                          Trinitrobenzene and
                                          Hexanitrostilbene
                                          or TNT mixtures
                                          containing
                                          trinitrobenzene and
                                          hexanitrostilbene.
Explosive, blasting, type E.     UN0241  Trinitrotoluene or       UN0209
                                          TNT, dry or wetted
                                          with less than 30
                                          percent water, by
                                          mass.
Fracturing devices,              UN0099  Tritonal............     UN0390
 explosive, without
 detonators for oil wells.
Fuzes, detonating, with          UN0408  Urea nitrate, dry or     UN0220
 protective features.                     wetted with less
                                          than 20 percent
                                          water, by mass.
Fuzes, detonating, with          UN0409  Warheads, rocket         UN0286
 protective features.                     with bursting
                                          charge.
Grenades, hand or rifle,         UN0284  Warheads, rocket         UN0287
 with bursting charge.                    with bursting
                                          charge.
Grenades, hand or rifle,         UN0285  Warheads, torpedo        UN0221
 with bursting charge.                    with bursting
                                          charge.
Hexanitrodiphenylamine or        UN0079  Zirconium picramate,     UN0236
 Dipicrylamine or Hexyl.                  dry or wetted with
                                          less than 20
                                          percent water, by
                                          mass.
Hexanitrostilbene...........     UN0392
------------------------------------------------------------------------

    Column (10A) in the HMT is revised to read Stowage Category 05 for
the following proper shipping names and corresponding identification
numbers:

------------------------------------------------------------------------
    Proper shipping name        UN No.   Proper shipping name    UN No.
------------------------------------------------------------------------
Ammunition smoke, white          UN0245  Diazodinitrophenol,      UN0074
 phosphorus with burster,                 wetted with not
 expelling charge, or                     less than 40
 propelling charge.                       percent water or
                                          mixture of alcohol
                                          and water, by mass.
Ammunition, incendiary           UN0247  Fuzes, detonating...     UN0106
 liquid or gel, with
 burster, expelling charge
 or propelling charge.
Ammunition, incendiary,          UN0243  Fuzes, detonating...     UN0107
 white phosphorus, with
 burster, expelling charge
 or propelling charge.

Ammunition, incendiary,          UN0244  Fuzes, detonating...     UN0257
 white phosphorus, with
 burster, expelling charge
 or propelling charge.
Ammunition, smoke, white         UN0246  Grenades, hand or        UN0292
 phosphorus with burster,                 rifle, with
 expelling charge, or                     bursting charge.
 propelling charge.
Ammunition, toxic with           UN0020  Grenades, hand or        UN0293
 burster, expelling charge,               rifle, with
 or propelling charge.                    bursting charge.
Ammunition, toxic with           UN0021  Guanyl                   UN0113
 burster, expelling charge,               nitrosaminoguanylid
 or propelling charge.                    ene hydrazine,
                                          wetted with not
                                          less than 30
                                          percent water, by
                                          mass.
Articles, explosive, n.o.s..     UN0350  Guanyl                   UN0114
                                          nitrosaminoguanylte
                                          trazene, wetted or
                                          Tetrazene, wetted
                                          with not less than
                                          30 percent water or
                                          mixture of alcohol
                                          and water, by mass.
Articles, explosive, n.o.s..     UN0355  Lead azide, wetted       UN0129
                                          with not less than
                                          20 percent water or
                                          mixture of alcohol
                                          and water, by mass.
Articles, explosive, n.o.s..     UN0356  Lead styphnate,          UN0130
                                          wetted or Lead
                                          trinitroresorcinate
                                          , wetted with not
                                          less than 20
                                          percent water or
                                          mixture of alcohol
                                          and water, by mass.
Articles, explosive, n.o.s..     UN0465  Mercury fulminate,       UN0135
                                          wetted with not
                                          less than 20
                                          percent water, or
                                          mixture of alcohol
                                          and water, by mass.
Articles, explosive, n.o.s..     UN0469  Mines with bursting      UN0136
                                          charge.
Articles, explosive, n.o.s..     UN0472  Mines with bursting      UN0294
                                          charge.
Articles, pyrophoric........     UN0380  Primers, cap type...     UN0377
Barium azide, dry or wetted      UN0224  Primers, cap type...     UN0378
 with less than 50 percent
 water, by mass.
Bombs with flammable liquid,     UN0399  Projectiles, with        UN0426
 with bursting charge.                    burster or
                                          expelling charge.
Bombs with flammable liquid,     UN0400  Projectiles, with        UN0427
 with bursting charge.                    burster or
                                          expelling charge.
Bombs, photo-flash..........     UN0037  Projectiles, with        UN0167
                                          bursting charge.
Bombs, with bursting charge.     UN0033  Projectiles, with        UN0324
                                          bursting charge.
Bombs, with bursting charge.     UN0291  Rocket motors with       UN0250
                                          hypergolic liquids
                                          with or without an
                                          expelling charge.
Boosters with detonator.....     UN0225  Rocket motors with       UN0322
                                          hypergolic liquids
                                          with or without an
                                          expelling charge.
Boosters with detonator.....     UN0268  Rocket motors,           UN0395
                                          liquid fueled.
Cartridges for weapons, with     UN0005  Rocket motors,           UN0396
 bursting charge.                         liquid fueled.
Cartridges for weapons, with     UN0007  Rockets, liquid          UN0397
 bursting charge.                         fueled with
                                          bursting charge.
Cartridges for weapons, with     UN0348  Rockets, liquid          UN0398
 bursting charge.                         fueled with
                                          bursting charge.
Components, explosive train,     UN0382  Rockets, with            UN0180
 n.o.s..                                  bursting charge.
Components, explosive train,     UN0383  Rockets, with            UN0295
 n.o.s..                                  bursting charge.
Components, explosive train,     UN0461  Samples, explosive,      UN0190
 n.o.s..                                  other than
                                          initiating
                                          explosives.
Contrivances, water-             UN0248  Sounding devices,        UN0204
 activated, with burster,                 explosive.
 expelling charge or
 propelling charge.
Contrivances, water-             UN0249  Sounding devices,        UN0296
 activated, with burster,                 explosive.
 expelling charge or
 propelling charge.
Detonator assemblies, non-       UN0360  Substances,              UN0357
 electric for blasting.                   explosive, n.o.s..
Detonator assemblies, non-       UN0361  Substances,              UN0358
 electric, for blasting.                  explosive, n.o.s..
Detonators for ammunition...     UN0073  Substances,              UN0359
                                          explosive, n.o.s..
Detonators for ammunition...     UN0364  Substances,              UN0473
                                          explosive, n.o.s..
Detonators for ammunition...     UN0365  Torpedoes with           UN0330
                                          bursting charge.
Detonators, electric, for        UN0030  Torpedoes, liquid        UN0450
 blasting.                                fueled, with inert
                                          head.
Detonators, electric, for        UN0255  Torpedoes, liquid        UN0449
 blasting.                                fueled, with or
                                          without bursting
                                          charge.
Detonators, non-electric,        UN0029  Warheads, rocket         UN0371
 for blasting.                            with burster or
                                          expelling charge.
Detonators, non-electric,        UN0267  Warheads, rocket         UN0369
 for blasting.                            with bursting
                                          charge.
------------------------------------------------------------------------

Vessel Stowage Codes (10B)
    Section 172.101(k) describes Column (10) of the HMT and the vessel
stowage requirements for specific entries in the HMT. Furthermore,
column (10B) [Other provisions] specifies codes for stowage
requirements for specific hazardous materials. The meaning of each code
in Column (10B) is set forth in Sec.  176.84 of this subchapter.
    Vessel shipments of Class 1 explosives are currently required to be
stored away from all sources of heat including steam pipes, heating
coils, sparks, and flame in accordance with Sec.  176.116(a). In
addition to this general provision in Sec.  176.116, several vessel
stowage codes in column (10B) make reference to shading or stowing away
from heat. To harmonize with the IMDG Code, reduce the number of
redundant vessel stowage codes, and incorporate the addition of a new
definition for protected from sources of heat (see Section 176.2 of
this final rule for definition) PHMSA is deleting vessel stowage codes
50 and 48 and replacing all references to these codes with stowage code
25. See Section 176.84 for a detailed discussion of our revision to
stowage code 25.
    The following proper shipping names and corresponding
identification numbers will have stowage code 48 replaced with stowage
code 25 in Column (10B) in the HMT. If the commodity is currently
assigned both stowage code 48 and 25 in Column (10B) in the HMT stowage
code 48 will be deleted and stowage code 25 will remain.

------------------------------------------------------------------------
    Proper shipping name        UN No.   Proper shipping name    UN No.
------------------------------------------------------------------------
Aerosols, poison, Packing     .........  Calcium hypochlorite     UN3486
 Group III (each not                      mixture, dry,
 exceeding 1 L capacity).                 corrosive with more
                                          than 10% but not
                                          more than 39%
                                          available chlorine.
Aerosols, poison, Packing        UN1950  Calcium hypochlorite     UN2208
 Group III (each not                      mixtures, dry, with
 exceeding 1 L capacity).                 more than 10
                                          percent but not
                                          more than 39
                                          percent available
                                          chlorine.
Aerosols, flammable, (each       UN1950  Copra...............     UN1363
 not exceeding 1 L capacity).
Aerosols, flammable, n.o.s.      UN1950  Dichlorophenyl           UN2250
 (engine starting fluid)                  isocyanates.
 (each not exceeding 1 L
 capacity).
Aerosols, non-flammable,         UN1950  Dicyclohexylammonium     UN2687
 (each not exceeding 1 L                  nitrite.
 capacity).
Aerosols, poison, (each not      UN1950  Gallium.............     UN2803
 exceeding 1 L capacity).
Ammonium nitrate based           UN2067  Hypochlorites,           UN3212
 fertilizer.                              inorganic, n.o.s.
Ammonium nitrate emulsion or     UN3375  Isocyanates, toxic,      UN3080
 Ammonium nitrate suspension              flammable, n.o.s.
 or Ammonium nitrate gel,                 or Isocyanate
 intermediate for blasting                solutions, toxic,
 explosives.                              flammable, n.o.s.,
                                          flash point not
                                          less than 23
                                          degrees C but not
                                          more than 61
                                          degrees C and
                                          boiling point less
                                          than 300 degrees C.
Ammonium nitrate, with not       UN1942  Isocyanates, toxic,      UN2206
 more than 0.2% total                     n.o.s. or
 combustible material,                    Isocyanate
 including any organic                    solutions, toxic,
 substance, calculated as                 n.o.s., flash point
 carbon to the exclusion of               more than 61
 any other added substance.               degrees C and
                                          boiling point less
                                          than 300 degrees C.
Batteries, nickel-metal          UN3496  Isocyanatobenzotrifl     UN2285
 hydride see Batteries, dry,              uorides.
 sealed, n.o.s. for nickel-
 metal hydride batteries
 transported by modes other
 than vessel.
Benzyldimethylamine.........     UN2619  Lithium                  UN1471
                                          hypochlorite, dry
                                          or Lithium
                                          hypochlorite
                                          mixture.
5-tert-Butyl-2,4,6-trinitro-     UN2956  Methacrylonitrile,       UN3079
 m-xylene or Musk xylene.                 stabilized.
Calcium hypochlorite, dry,       UN3485  Phosphorous acid....     UN2834
 corrosive or Calcium
 hypochlorite mixtures, dry,
 corrosive with more than
 39% available chlorine
 (8.8% available oxygen).
Calcium hypochlorite, dry or     UN1748  Propylene                UN2611
 Calcium hypochlorite                     chlorohydrins.
 mixtures dry with more than
 39 percent available
 chlorine (8.8 percent
 available oxygen).
Calcium hypochlorite,            UN3487  Sodium carbonate         UN3378
 hydrated, corrosive or                   peroxyhydrate.
 Calcium hypochlorite,
 hydrated mixture, corrosive
 with not less than 5.5% but
 not more than 16% water.
Calcium hypochlorite,            UN2880  Sodium perborate         UN3377
 hydrated or Calcium                      monohydrate.
 hypochlorite, hydrated
 mixtures, with not less
 than 5.5 percent but not
 more than 16 percent water.
------------------------------------------------------------------------

    The following proper shipping names and corresponding
identification numbers will have stowage code 19 replaced with stowage
code 25 in Column (10B) in the HMT if stowage code 25 is not currently
listed in Column (10B). If the proper shipping name already is
currently assigned both stowage code 19 and 25, stowage code 19 will be
deleted.

------------------------------------------------------------------------
    Proper shipping name        UN No.   Proper shipping name    UN No.
------------------------------------------------------------------------
Copra.......................     UN1363  Plastic molding          UN3314
                                          compound in dough,
                                          sheet or extruded
                                          rope form evolving
                                          flammable vapor.
Polymeric beads, expandable      UN2211  Sulfur..............     NA1350
 evolving flammable vapor.
Sulfur......................     UN1350
------------------------------------------------------------------------

    We are also assigning stowage code 25 to every Class 1 explosive
table entry to indicate these materials must be protected from sources
of heat in accordance with the new definition of ``protected from
sources of heat'' in Sec.  176.2. See Section 176.84 for a detailed
discussion of our revision to stowage code 25 and Sec.  176.2 for the
definition of ``protected from sources of heat.''
    Stowage code 50 is currently not assigned to any HMT entries and is
being deleted.
    PHMSA is revising stowage code 128 to account for a citation change
in the IMDG Code. The new text of stowage code 128 is ``stow in
accordance with the IMDG Code, Sub-section <IP_ADDRESS>.2 (incorporated by
reference; see Sec.  171.7 of this subchapter).''
    PHMSA is deleting stowage codes 7E, 8E, and 20E. The reduction in
the number of vessel stowage categories in column (10A) makes these
codes unnecessary and any applicable stowage requirements are covered
by the requirements of the applied code in column (10A).
    The following proper shipping names and corresponding
identification numbers will have stowage code 7E removed from column
(10B) of the HMT.

------------------------------------------------------------------------
    Proper shipping name        UN No.   Proper shipping name    UN No.
------------------------------------------------------------------------
Ammunition, smoke with or        UN0303  Ammunition, tear-        UN0301
 without burster, expelling               producing with
 charge or propelling charge.             burster, expelling
                                          charge or
                                          propelling charge.
------------------------------------------------------------------------

    The following proper shipping names and corresponding
identification numbers will have stowage code 8E removed from column
(10B) of the HMT.

------------------------------------------------------------------------
    Proper shipping name        UN No.   Proper shipping name    UN No.
------------------------------------------------------------------------
Ammunition smoke, white          UN0245  Articles, explosive,     UN0354
 phosphorus with burster,                 n.o.s..
 expelling charge, or
 propelling charge.
Ammunition, smoke, white         UN0246  Articles, explosive,     UN0355
 phosphorus with burster,                 n.o.s..
 expelling charge, or
 propelling charge.
Ammunition, smoke with or        UN0015  Articles, explosive,     UN0356
 without burster, expelling               n.o.s..
 charge or propelling charge.
Ammunition, smoke with or        UN0016  Articles, pyrophoric     UN0380
 without burster, expelling
 charge or propelling charge.
Ammunition, smoke with or        UN0303  Contrivances, water-     UN0248
 without burster, expelling               activated, with
 charge or propelling charge.             burster, expelling
                                          charge or
                                          propelling charge.
Ammunition, tear-producing       UN0018  Contrivances, water-     UN0249
 with burster, expelling                  activated, with
 charge or propelling charge.             burster, expelling
                                          charge or
                                          propelling charge.
Ammunition, tear-producing       UN0019  Rocket motors with       UN0250
 with burster, expelling                  hypergolic liquids
 charge or propelling charge.             with or without an
                                          expelling charge.
Ammunition, tear-producing       UN0301  Rocket motors with       UN0322
 with burster, expelling                  hypergolic liquids
 charge or propelling charge.             with or without an
                                          expelling charge.
Ammunition, toxic with           UN0020  Substances,              UN0357
 burster, expelling charge,               explosive, n.o.s..
 or propelling charge.
Ammunition, toxic with           UN0021  Substances,              UN0358
 burster, expelling charge,               explosive, n.o.s..
 or propelling charge.
                                         Substances,              UN0359
                                          explosive, n.o.s..
------------------------------------------------------------------------

    The following proper shipping names and corresponding
identification numbers will have stowage code 20E removed from column
(10B) of the HMT.

------------------------------------------------------------------------
    Proper shipping name        UN No.   Proper shipping name    UN No.
------------------------------------------------------------------------
Ammunition, smoke with or        UN0015  Ammunition, tear-        UN0018
 without burster, expelling               producing with
 charge or propelling charge.             burster, expelling
                                          charge or
                                          propelling charge.
Ammunition, smoke with or        UN0016  Ammunition, tear-        UN0019
 without burster, expelling               producing with
 charge or propelling charge.             burster, expelling
                                          charge or
                                          propelling charge.
------------------------------------------------------------------------

    During review of the explosive stowage codes it was noted that
stowage code 1E was assigned to UN0504 1H-Tetrazole and UN0502 Rockets,
with inert head. Stowage code 1E was removed in a final rule published
on June 21 2001, under Docket Number RSPA-2000-7702 (HM-215D) [66 FR
33316] entitled, ``Harmonization with the United Nations
Recommendations, International Maritime Dangerous Goods Code, and
International Civil Aviation Organization's Technical Instructions''
and, in this final rule, PHMSA is amending the listings for these two
entries by removing these two codes whose requirements have been
captured by other vessel stowage provisions.
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
revising Sec.  172.102, Special provisions as follows:
Special Provision 47
    Special provision 47 provides classification exceptions for
mixtures of solids and flammable liquids. In this final rule, PHMSA is
revising special provision 47 to clarify that the requirement that each
packaging must correspond with a design type that has passed a
leakproofness test at the Packing Group II level applies only to single
packagings.
Special Provision 48
    Special provision 48 provides classification exceptions for
mixtures of solids and toxic liquids. In this final rule, PHMSA is
revising special provision 48 to clarify that the requirement that each
packaging must correspond with a design type that has passed a
leakproofness test at the Packing Group II level applies only to single
packagings.
Special Provision 49
    Special provision 49 provides classification exceptions for
mixtures of solids and corrosive liquids. In this final rule, PHMSA is
revising special provision 49 to clarify that the requirement that each
packaging must correspond with a design type that has passed a
leakproofness test at the Packing Group II level applies only to single
packagings.
Special Provision 101
    In a NPRM published in the Federal Register on August 31, 2006 (71
FR 51895), we proposed to remove Sec.  172.102(c)(1), Special provision
101. In the NPRM, we stated that with the introduction of the letter
''G'' in Column (1), which requires the n.o.s. and generic proper
shipping names to be supplemented with the technical name of the
hazardous material, special provision 101 became obsolete.
Consequently, because we did not receive public comment, the amendment
was adopted as proposed in a final rule published in the Federal
Register on December 29, 2006 (71 FR 78596).
    Consequences of the removal of Sec.  172.102(c)(1) Special
provision 101 in 2006 may have resulted in noncompliance for certain
Department of Defense (DOD) explosive shipments.

DOD recently asserted the current provisions in Sec. Sec.  171.8 and
172.203(k) of the HMR do not permit technical names to be indicated in
such a manner as former special provision 101 required. For example, a
DOD explosive shipment approved under the generic description
``Articles, explosive, n.o.s.'' was previously assigned special
provision 101 in column 7 of the Sec.  172.101 Hazardous Materials
Table that required the name of the particular substance or article to
be specified as the technical name for the substance or article (e.g.,
``Fuze, Grenade, M219A2'') in association with the basic description.
Therefore, PHMSA is reinstating special provision 101 for the following
HMT entries:

UN0349 Articles, explosive, n.o.s.
UN0350 Articles, explosive, n.o.s.
UN0351 Articles, explosive, n.o.s.
UN0352 Articles, explosive, n.o.s.
UN0353 Articles, explosive, n.o.s.
UN0354 Articles, explosive, n.o.s.
UN0355 Articles, explosive, n.o.s.
UN0356 Articles, explosive, n.o.s.
UN0462 Articles, explosive, n.o.s.
UN0463 Articles, explosive, n.o.s.
UN0464 Articles, explosive, n.o.s.
UN0465 Articles, explosive, n.o.s.
UN0466 Articles, explosive, n.o.s.
UN0467 Articles, explosive, n.o.s.
UN0468 Articles, explosive, n.o.s.
UN0469 Articles, explosive, n.o.s.
UN0470 Articles, explosive, n.o.s.
UN0471 Articles, explosive, n.o.s.
UN0472 Articles, explosive, n.o.s.
UN0382 Components, explosive train, n.o.s.
UN0383 Components, explosive train, n.o.s.
UN0384 Components, explosive train, n.o.s.
UN0461 Components, explosive train, n.o.s.
UN0357 Substances, explosive, n.o.s.
UN0358 Substances, explosive, n.o.s.
UN0359 Substances, explosive, n.o.s.
UN0473 Substances, explosive, n.o.s.
UN0474 Substances, explosive, n.o.s.
UN0475 Substances, explosive, n.o.s.
UN0476 Substances, explosive, n.o.s.
UN0477 Substances, explosive, n.o.s.
UN0478 Substances, explosive, n.o.s.
UN0479 Substances, explosive, n.o.s.
UN0480 Substances, explosive, n.o.s.
UN0481 Substances, explosive, n.o.s.
UN0485 Substances, explosive, n.o.s.
UN0482 Substances, explosive, very insensitive, n.o.s. or Substances,
EVI, n.o.s.
Special Provision 118
    Special provision 118 states that materials listing this special
provision may not be transported under the provisions of Division 4.1
unless specifically authorized by the Associate Administrator. In the
UN Model Regulations the corresponding special provision, SP 272,
contained a note that the special provision referred to UN0143. This
special provision in the UN Model Regulations has been revised to
indicate that the special provision applies to both UN0143 and UN0150,
as appropriate. To maintain consistency with the UN Model Regulations,
PHMSA is adopting this editorial note and revising special provision
118 by adding the language ``(see UN0143 or UN0150 as appropriate)''
following the existing text.
Special Provision 134
    Special provision 134 is revised to note that this provision also
applies to equipment powered by wet batteries or sodium batteries that
are transported with these batteries installed.
Special Provision 155
    Special provision 155 states that Fish meal or fish scrap may not
be transported if the temperature at the time of loading either exceeds
35 [deg]C (95 [deg]F), or exceeds 5 [deg]C (9 [deg]F) above the ambient
temperature, whichever is higher.
    PHMSA is revising special provision 155 by adding a reference to
the new proper shipping name ``krill meal.'' Krill meal possesses
similar self-heating hazard characteristics to fish meal and scrap;
therefore, application of this special provision is appropriate. This
addition clarifies that special provision 155 applies to fish meal and
fish scrap as well as krill meal.
Special Provision 222
    Special provision 222 is added to indicate that shipments of 1.4S
materials reclassed as ORM-D are not eligible to be offered for
transportation by aircraft. Special provision 222 is added to the ORM-D
entries for Cartridges, small arms, Cartridges, power device (used to
project fastening devices).
Special Provision 237
    Special provision 237 specifies that ``Batteries, dry, containing
potassium hydroxide solid, electric storage '' must be prepared and
packaged in accordance with the requirements of Sec.  173.159(a), (b),
and (c) and that for transportation by aircraft, the provisions of
Sec.  173.159(b)(2) are applicable.
    PHMSA is adding an additional sentence to special provision 237
clarifying the applicability of the provision. Specifically language is
added to state that the entry for ``Batteries, dry, containing
potassium hydroxide solid, electric storage'' may only be used for the
transport of non-activated batteries that contain dry potassium
hydroxide and that are intended to be activated prior to use by the
addition of an appropriate amount of water to the individual cells.
Special Provision 238
    Special provision 238 is added to address the shipment of neutron
radiation detectors. Neutron detection is a key component used in
nuclear arms interdiction in addition to other applications such as
nuclear reactor monitoring, neutron-based cancer treatments, neutron
spallation, nondestructive testing and health physics applications.
Most neutron radiation detectors contain boron trifluoride gas, UN1008,
which is currently forbidden by passenger and cargo aircraft as noted
in Columns (9A) and (9B) of the HMT. Currently, neutron radiation
detectors that contain this gas can only be transported by air under a
special permit.
    ICAO recently adopted a special provision specifically addressing
neutron radiation detectors. The recently adopted special provision
A190 permits, under certain conditions the transportation by cargo
aircraft of neutron radiation detectors containing boron trifluoride.
These conditions include quantity of gas limitations, and construction
and packaging specifications. The special provision also provides that
under certain conditions these neutron radiation detectors containing
not more than 1 gram of boron trifluoride gas are not otherwise subject
to the ICAO Technical Instructions.
    PHMSA granted a special permit, for the transportation by all
modes, of certain neutron radiation detectors containing boron
trifluoride gas. The limitations set forth in Special Provision A190 of
the ICAO Technical Instructions do not exceed any limitations of the
special permit and, therefore, PHMSA is adopting and applying them to
all modes of transportation except passenger-carrying aircraft by
incorporating them into Sec.  172.102(c)(1), Special provision 238.
Specifically, the special provision provides packaging requirements
(including pressure limitations), quantities permitted, and package
construction requirements for radiation detectors containing non-
pressurized boron trifluoride gas in excess of 1 gram. The special
provision also provides additional exceptions from the HMR based on the
transport mode and other conditions. The special provision will be
applicable to the entry ``UN1008, Boron trifluoride'' in the HMT. PHMSA

believes the adoption of this special provision provides an adequate
level of safety for the transportation of these items, while providing
flexibility in the need to obtain a special permit.
Special Provision 338
    A new special provision 338 is added to clarify that when lithium
cells or batteries are contained in the fuel cell system, the item must
be described under this entry and the entry ``Lithium batteries,
contained in equipment.'' This special provision is applied to UN3473
``Fuel cell cartridges or Fuel cell cartridges contained in equipment
or Fuel cell cartridges packed with equipment, containing flammable
liquids''; UN3476 ``Fuel cell cartridges or Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with equipment,
containing water-reactive substances''; UN3477 ``Fuel cell cartridges
or Fuel cell cartridges contained in equipment or Fuel cell cartridges
packed with equipment, containing corrosive substances''; UN3478 ``Fuel
cell cartridges or Fuel cell cartridges contained in equipment or Fuel
cell cartridges packed with equipment, containing liquefied flammable
gas''; and UN3479 ``Fuel cell cartridges or Fuel cell cartridges
contained in equipment or Fuel cell cartridges packed with equipment,
containing hydrogen in metal hydride.''
Special Provision 360
    New special provision 360 is added and assigned to UN3091,
``Lithium batteries, contained in equipment'' to clarify that vehicles
powered only by lithium batteries must be assigned to identification
number UN3071, ``Battery powered vehicle.''
Special Provision 361
    New special provision 361 is added to clarify that certain
capacitors with limited energy storage capability are excepted from the
HMR. Specifically, the special provision states that capacitors with an
energy storage capacity of 0.3 Wh or less are not subject the HMR.
Furthermore this special provision defines energy storage capacity as
the energy held by a capacitor, as calculated using the nominal voltage
and capacitance.
    Section 173.176 provides that capacitors not installed in equipment
must be transported in an uncharged state and capacitors installed in
equipment must be transported in either an uncharged state or protected
against short circuit. Certain types of capacitors such as asymmetrical
capacitors are designed to maintain a terminal voltage. This special
provision also clarifies that the entry UN3499 does not apply to these
capacitors. This special provision is applied to the new HMT entry
UN3499, ``Capacitor, electric double layer (with an energy storage
capacity greater than 0.3 Wh).''
    Veolia expressed concern that while manufacturers will have control
over the charge state of a capacitor when it is offered for
transportation, when these same capacitors are being offered for
transportation for recycling or disposal, the recycling or disposal
facility may not be aware of or have control over their charge state.
Veoila further asserted that this special provision only applies to
electric double layer capacitors with an energy storage capacity of
greater than 0.3 Wh, and there are other types of capacitors that have
a potential to store a significant amount of energy that may pose a
risk during transportation. The 0.3 Wh threshold for electric double
layer capacitors is the threshold determined by the UNSCOE below which
a capacitor would not pose a significant risk in transportation. PHMSA
is aware that there are additional emerging capacitor technologies that
are under review by the UNSCOE for possible inclusion in the dangerous
goods list.
    In this final rule PHMSA is only addressing the adoption of the
special provision consistent with the amendment to the UN Model
regulations. PHMSA has published an advance notice of proposed
rulemaking (ANPRM) under Docket HM-253 (77 FR 39662, July 5, 2012)
requesting public comment and input concerning the transportation of
hazardous materials for recycling or disposal.
Special Provision 362
    New special provision 362 specifies when a material can be
considered a chemical under pressure. Specifically, the special
provision states that classification of these materials is to be based
on hazard characteristics of the components in the propellant, the