B. Executive Order 12866, Executive Order 13563, Executive Order 13610,
and DOT Regulatory Policies and Procedures

    This proposed rulemaking is not considered a significant regulatory
action under Executive Order 12866 (``Regulatory Planning and
Review''), as supplemented and reaffirmed by Executive Order 13563
(``Improving Regulation and Regulatory Review''), stressing that, to
the extent permitted by law, an agency rulemaking action must be based
on benefits that justify its costs, impose the least burden, consider
cumulative burdens, maximize benefits, use performance objectives, and
assess available alternatives, and the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034). Executive
Orders 12866 and 13563 require agencies to regulate in the ``most cost-
effective manner,'' to make a ``reasoned determination that the
benefits of the intended regulation justify its costs,'' and to develop
regulations that ``impose the least burden on society.''
    Executive Order 13610, issued May 10, 2012, urges agencies to
conduct retrospective analyses of existing rules to examine whether
they remain justified and whether they should be modified or
streamlined in light of changed circumstances, including the rise of
new technologies. By building off of each other, these three Executive
Orders require agencies to regulate in the ``most cost-effective
manner,'' to make a ``reasoned determination that the benefits of the
intended regulation justify its costs,'' and to develop regulations
that ``impose the least burden on society.''
    In this notice of proposed rulemaking, PHMSA is proposing to amend
the HMR to adopt provisions contained in certain widely-used or long-
standing SPs that have an established safety record. The proposed
revisions are intended to provide wider access to the regulatory
flexibility offered in SPs and eliminate the need for numerous renewal
requests, thus reducing paperwork burdens and facilitating commerce
while maintaining an appropriate level of safety. PHMSA assumes that
for most regulated entities in these categories, the revisions proposed
in this notice of proposed rulemaking requires little or no change to
existing practice or behavior and incremental compliance costs will
thus be close to zero. At the same time, the potential for additional
safety benefits is also very limited in these cases, as existing
practice and operations are already minimizing the number of incidents.
    Estimated benefits associated with this rule result from the
regulated community no longer being required to apply for SP sand
amount to approximately $12,000 annually. Costs associated with the
rule are estimated to be negligible annually. Current SP holders are
already complying with the proposed requirements and, if adopted, these
requirements would not impose new requirements on current non-holders
of SPs. The overall costs and benefits of the rule are dependent on the
level of pre-existing compliance and the overall effectiveness of the
new requirements specified in this rulemaking

C. Executive Order 13132

    This notice of proposed rulemaking has been analyzed in accordance
with the principles and criteria contained in Executive Order 13132
(``Federalism''), 64 FR 43255 (Aug. 10, 1999) and the President's May
20, 2009 memorandum (74 FR 24693 [May 22, 2009]). The requirements in
this proposed rule would preempt state, local, and Indian tribe
requirements but would not have substantial direct effects on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
    The Federal hazardous materials transportation law, 49 U.S.C. 5101
et seq., contains an express preemption provision (49 U.S.C. 5125(b))
preempting State, local, and Indian tribe requirements on the following
subjects:
    (1) The designation, description, and classification of hazardous
materials;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
    (5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
    Federal hazardous materials transportation law provides at 49
U.S.C. 5125(b)(2) that, if DOT issues a regulation concerning any of
these subjects, DOT must determine and publish in the Federal Register
the effective date of Federal preemption. The effective date may not be
earlier than the 90th day following the date of issuance of the final
rule and not later than 2 years after the date of issuance.
    This proposed rule would address subject areas (1), (2), (3), and
(5) above and would preempt any state, local, or Indian tribe
requirements concerning these subjects unless the non-Federal
requirements are ``substantively the same'' as the Federal
requirements. The effective date of Federal preemption is April 30,
2015.

D. Executive Order 13175

    This notice of proposed rulemaking has been analyzed in accordance
with the principles and criteria contained in Executive Order 13175
(``Consultation and Coordination with Indian Tribal Governments'').
Because this NPRM does not have tribal implications and does not impose
substantial direct compliance costs, the funding and consultation
requirements of Executive Order 13175 do not apply.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. The
primary costs to small entities associated with this proposed rule
include developing and updating a risk assessment, developing and
updating operating procedures, and additional training for hazmat
employees who perform loading and unloading operations.
    PHMSA expects the impacts of this rule will be limited for many
small entities due to their compliance with other existing Federal
regulations. In this notice of proposed rulemaking, PHMSA also
explicitly acknowledges that many regulated entities are holders of SPs
or are part of industry associations with voluntary codes of safe
practice, and that these may be sufficient for compliance with the
proposed rule as long as all of the relevant safety areas are addressed
and documented. For regulated entities in

these categories, the notice of proposed rulemaking requires little or
no change to existing practices or behavior and incremental compliance
costs will thus be close to zero. Therefore, the benefit and cost
figures discussed below should be viewed as upper bounds, both of which
will be reduced by the extent of current practice.
    PHMSA estimates that there are 50 potentially affected small
entities. The annualized documentation cost for developing and updating
the risk assessment and the operating procedures is estimated to be
$375/small entity. The annualized cost of additional training for
affected employees is estimated to be approximately $5.50/employee.
Further, PHMSA estimates that approximately 50% of small businesses are
already implementing procedures that would be compliant with this
notice of proposed rulemaking. Based upon the above estimates and
assumptions, PHMSA certifies that this notice of proposed rulemaking
does not have a significant economic impact on a substantial number of
small entities. Further information on the estimates and assumptions
used to evaluate the potential impacts to small entities is available
in the Regulatory Impact Assessment that has been placed in the public
docket for this rulemaking.

F. Paperwork Reduction Act

    PHMSA currently has an approved information collection under OMB
Control No. 2137-0051, entitled ``Special Permits and Approvals,''
expiring on May 31, 2015. Section 1320.8(d), Title 5, Code of Federal
Regulations, requires PHMSA to provide interested members of the public
and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This rulemaking adds new
exceptions to the HMR while eliminating the need for persons to apply
for a SP, resulting in a decrease in burden. PHMSA estimates the
reduction in information collection burden as follows:

------------------------------------------------------------------------
           OMB Control No. 2137-0051:               SPs and Approvals
------------------------------------------------------------------------
Decrease in Annual Number of Respondents:......                       98
Decrease in Annual Responses:..................                       98
Decrease in Annual Burden Hours:...............                      196
Decrease in Annual Burden Cost:................               $12,337.00
------------------------------------------------------------------------

    There are 728 grantees associated with the 98 special permits being
proposed for adoption in this rulemaking. Over 10 years, a SP would on
average be renewed twice, resulting in 1,456 renewals (728 x 2). The
average number of applications per year would be approximately 146
(1,456/10). The annual estimated cost savings would total $12,337.00
(146 number of renewals per year x $39.50/hr. preparation cost; 146
renewals per year x $45.00/hr compliance cost).
    Please direct your requests for a copy of this final information
collection to Steven Andrews or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-12), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC
20590-0001.

G. Regulation Identifier Number (RIN)

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

H. Unfunded Mandates Reform Act

    This notice of proposed rulemaking does not impose unfunded
mandates under the Unfunded Mandates Reform Act of 1995. PHMSA has
concluded that the rule will not impose annual expenditures of $141.3
million on State, local, or tribal governments or the private sector,
and thus does not require an Unfunded Mandates Act analysis.

I. Executive Order 13609 and International Trade Analysis

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

J. Environmental Assessment

    PHMSA proposes to adopt provisions contained in certain widely-used
or long-standing SPs that have an established safety record. The
proposed revisions are intended to provide wider access to the
regulatory flexibility offered in SPs and eliminate the need for
numerous renewal requests, thus reducing paperwork burdens and
facilitating commerce while maintaining an appropriate level of safety.
    The National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4375,
requires that federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
order federal agencies to conduct an environmental review considering
(1) the need for the proposed action (2) alternatives to the proposed
action (3) probable environmental impacts of the proposed action and
alternatives and (4) the agencies and persons consulted during

the consideration process. 40 CFR 1508.9(b). A detailed NEPA assessment
has been placed in the docket for this rulemaking for public review.

K. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) which
may be viewed at: http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

L. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g. specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies.
    This proposed rulemaking does not involve voluntary consensus
standards.

List of Subjects

49 CFR Part 171

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

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Incorporation, Radioactive
materials, and Railroad safety.

49 CFR Part 176

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

49 CFR Part 177

    Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.

49 CFR Part 178

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

49 CFR Part 180

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

    In consideration of the foregoing, 49 CFR Chapter I is proposed to
be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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

0
2. In Sec.  171.8, the definition of ``Display pack'' is added in
alphabetical sequence to read as follows:

Sec.  171.8  Definitions and abbreviations.

* * * * *
    Display pack means a package intended to be placed at retail stores
which provides direct customer access to consumer commodities contained
within the package when all or part of the outer fiberboard packaging
is removed.
* * * * *

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

0
3. The authority citation for part 172 continues to read as follows:

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

0
4. In Sec.  172.101, the Hazardous Materials Table is amended by
revising entries under ``[REVISE]'' in the appropriate alphabetical
sequence to read as follows:

Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

                                                                                Sec.   172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   Hazardous                                                                                (8) Packaging (Sec.   173.***)             (9) Quantity limitations           (10) Vessel stowage
                   materials                                                                                Special    ---------------------------------------------------------------------------------------------------------------
   Symbols      descriptions and     Hazard class or     Identification           PG         Label codes    provisions
                proper shipping         division               No.                                             (Sec.        Exceptions       Non-bulk          Bulk          Passenger    Cargo aircraft     Location          Other
                     names                                                                                172.102)                                                      aircraft/rail       only
(1)            (2)..............                   (3)  (4).............  (5)..............  (6)........  (7)...........  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
               [REVISE].........

                                                                                * * * * * * *
               Acrolein,                           6.1  UN1092..........  I................  6.1, 3.....  1, B9, B14,     None..........  226...........  244...........  Forbidden.....  Forbidden.....  D.............  40
                stabilized.                                                                                B30, B42,
                                                                                B77, T22,
                                                                                TP2, TP7,
                                                                                TP13, TP38,
                                                                                TP44, 380.

                                                                                * * * * * * *
G............  Articles,                          1.4S  UN3049..........  II...............  1.4S.......  101, 382......  None..........  62............  None..........  25 kg.........  100 kg........  01............  25
                explosives,
                n.o.s.

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

                                                                                * * * * * * *
+............  Benzaldehyde.....                     9  UN1990..........  III..............  9..........  IB3, T2, TP1,   155...........  203...........  241...........  100 L.........  220 L.........  A.............
                                                                                W11.

                                                                                * * * * * * *
               Coating solution                      3  UN1139..........  II...............  3..........  149, IB2, T4,   150...........  202...........  242...........  5 L...........  60 L..........  B
                (includes                                                                                TP1, TP8, 383.
                surface
                treatments or
                coatings used
                for industrial
                or other
                purposes such as
                vehicle
                undercoating,
                drum or barrel
                lining).

                                                                                * * * * * * *
G............  Corrosive liquid,                     8  UN3264..........  I................  8..........  A6, B10, T14,   None..........  201...........  243...........  0.5 L.........  2.5 L.........  B.............  40
                acidic,                                                                                TP2, TP27.
                inorganic,
                n.o.s.
                                                                          II...............  8..........  B2, IB2, T11,   154...........  202...........  242...........  1 L...........  30 L..........  B.............  40
                                                                                TP2, TP27,
                                                                                W11.
                                                                          III..............  8..........  IB3, T7, TP1,   154...........  203...........  241...........  5 L...........  60 L..........  A.............  40
                                                                                TP28, W11.
G............  Corrosive liquid,                     8  UN3265..........  I................  8..........  A6, B10, T14,   None..........  201...........  243...........  0.5 L.........  2.5 L.........  B.............  40
                acidic, organic,                                                                           TP2, TP27.
                n.o.s.

                                                                          II...............  8..........  B2, IB2, T11,   154...........  202...........  242...........  1 L...........  30 L..........  B.............  40
                                                                                TP2, TP27,
                                                                                W11.
                                                                          III..............  8..........  IB3, T7, TP1,   154...........  203...........  241...........  5 L...........  60 L..........  A.............  40
                                                                                TP28, W11.

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

                                                                                * * * * * * *
               Extracts,                             3  UN1197..........  II...............  3..........  149, IB2, T4,   150...........  202...........  242...........  5 L...........  60 L..........  B
                flavoring,                                                                                TP1, TP8, W11.
                liquid.
                                                                          III..............  3..........  B1, IB3, T2,    150...........  203...........  242...........  60 L..........  220 L.........  A
                                                                                TP1, W11.

                                                                                * * * * * * *
               Fireworks........                  1.4S  UN0337..........  II...............  1.4S.......  108, 382......  None..........  62............  None..........  25 kg.........  100 kg........  01............  25

                                                                                * * * * * * *
G............  Flammable                             3  UN2924..........  I................  3, 8.......  T14, TP2......  None..........  201...........  243...........  0.5 L.........  2.5 L.........  E.............  40
                liquids,
                corrosive, n.o.s.
                                                                          II...............  3, 8.......  IB2, T11, TP2,  150...........  202...........  243...........  1 L...........  5 L...........  B.............  40
                                                                                TP27.
                                                                          III..............  3, 8.......  B1, IB3, T7,    150...........  203...........  242...........  5 L...........  60 L..........  A.............  40
                                                                                TP1, TP28,
                                                                                W11.

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

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

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

                                                                                * * * * * * *
               Paint including                       3  UN1263..........  II...............  3..........  149, B52, IB2,  150...........  173...........  242...........  5 L...........  60 L..........  B
                paint, lacquer,                                                                            T4, TP1, TP8,
                enamel, stain,                                                                             TP28, 383.
                shellac
                solutions,
                varnish, polish,
                liquid filler
                and liquid
                lacquer base.

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

                                                                                * * * * * * *
               Phosphoric acid                       8  UN1805..........  III..............  8..........  A7, IB3, N34,   154...........  203...........  241...........  5 L...........  60 L..........  A
                solution.                                                                                T4, TP1, W11.

                                                                                * * * * * * *
               Phosphorus, white                   4.2  UN1381..........  I................  4.2, 6.1...  B9, B26, N34,   151...........  188...........  243...........  Forbidden.....  Forbidden.....  E
                dry or                                                                                T9, TP3, TP31.
                Phosphorus,
                white,
                underwater or
                Phosphorus
                white, in
                solution or
                Phosphorus,
                yellow, dry or
                Phosphorus,
                yellow, under
                water or
                Phosphorus,
                yellow, in
                solution.

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

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

                                                                                * * * * * * *
G............  Self-heating                        4.2  UN3190..........  II...............  4.2........  IB6, IP2, T3,   151...........  212...........  241...........  15 kg.........  50 kg.........  C
                solid,                                                                                TP33.
                inorganic, n.o.s.
                                                                          III..............  4.2........  IB8, IP3, T1,   151...........  213...........  241...........  25 kg.........  100 kg........  C
                                                                                TP33.

                                                                                * * * * * * *
G............  Self-heating                        4.2  UN3088..........  III..............  4.2........  IB8, IP3, T1,   None..........  213...........  241...........  25 kg.........  100 kg........  C
                solid, organic,                                                                            TP33, B130.
                n.o.s.

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

                                                                                * * * * * * *
               Signal devices,                    1.4S  UN0373..........  II...............  1.4S.......  381...........  None..........  62............  None..........  25 kg.........  100 kg........  01............  25
                hand.

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

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

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

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

* * * * *
0
5. In Sec.  172.102:
0
a. In paragraph (c)(1), special provisions 380, 381, 382, 383, 384, and
385 are added in numerical sequence.
0
b. In paragraph (c)(3), special provision B130 is added in numerical
sequence.
0
c. In paragraph (c)(5), special provision N95 is added in numerical
sequence.
0
d. In paragraph (c)(9), special provision W11 is added in numerical
sequence.
    The additions are to read as follows:

Sec.  172.102  Special Provisions.

* * * * *
    (c) * * *
    (1) * * *
    380 For transportation by private carrier in a motor vehicle,
acrolein, stabilized is not subject to the segregation requirements of
Sec.  177.848(d) of this subchapter if the following requirements are
met:
    a. The material is packaged in a DOT Specification 4BW240 cylinder,
or in a DOT 51 portable tank.
    b. The material may only be loaded with Class 3, Class 8, and
Division 4.1 materials in Packing Group II or III.
    c. The motor carrier must maintain a ``satisfactory'' safety rating
as prescribed in part 385 of this title.
    381 For railroad flagging kits, see Sec.  173.184 (c) of this
subchapter.
    382 When packaged as prescribed in Sec.  172.400a(a)(8), a package
containing this material is excepted from the labeling requirements of
Sec.  172.400(a) of this subchapter.
    383 For transportation by motor vehicle, material meeting the
conditions for high viscosity flammable liquids specified in Sec.
173.121(b)(1)(i), (b)(1)(ii), and (b)(1)(iv), may be re-classed to
Packing Group III. Packaging must be UN standard metal drums attached
with heavy duty steel strapping to a pallet. The capacity of each drum
must not exceed 220 L (58 gallons).
    384 For green graphite electrodes and shapes that are large single
component solid objects not subject to sifting, transport in open rail
flat cars, open bed motor vehicles, and intermodal containers is also
authorized. The objects must be secured to the flat car, motor vehicle,
intermodal container, or unitized by steel banding to wooden runners or
pallets and the units secured to the flat car, motor vehicle, or
freight container to prevent shifting and movement, including relative
motion between the objects, under conditions normally incident to
transportation.
    385 Notwithstanding the provisions of Sec.  177.834(l) of this
subchapter, cargo heaters may be used when weather conditions are such
that the freezing of a wetted explosive material is likely. Shipments
must be made by private, leased or contract carrier vehicles under
exclusive use of the offeror. Cargo heaters must be reverse
refrigeration (heat pump) units. Shipments made in accordance with this
Special provision are excepted from the requirements of Sec.
173.60(b)(4) of this subchapter.
    (3) * * *
* * * * *
    B130 When transported by highway, used diatomaceous earth filter
material is not subject to any other provisions of this subchapter
except for the shipping paper requirements of subpart C of part 172 of
this subchapter; emergency response information as required by Sec.
172.602(a)(2) through (a)(7) of this subchapter; and the marking
requirements of Sec.  172.302(a) of this subchapter, if the following
requirements are met:
    (a) Packagings are non-DOT specification sift-proof motor vehicles
or sift-proof roll-on/roll-off bulk bins, which are covered by a
tarpaulin or other equivalent means.
    (b) The temperature of the material at the time it is offered for
transport and during transportation may not exceed 55 [deg]C
(130[emsp14][deg]F).
    (c) The time between offering the material for transportation at
the point of origin, and unloading the material at the destination does
not exceed 48 hours.
    (d) In addition to the training requirements specified by
Sec. Sec.  172.700 through 172.704, each driver of a vehicle
transporting hazardous materials must be trained regarding the
properties and hazards of diatomaceous earth filter material,
precautions to ensure safe transport of the material, and actions to be
taken in the event of an emergency during transportation, or a
substantial delay in transit, and
    (5) * * *
* * * * *
    N95 Non-bulk packagings containing UN1075, Liquefied petroleum gas
and UN1978, Propane are authorized to be transported in DOT 4BA240
cylinders and are not required to be marked with the UN number and
proper shipping name or bear hazard labels provided:
    a. The cylinder must be transported in a closed motor vehicle with
the FLAMMABLE GAS placards.
    b. Shipping papers must reflect a correct current accounting of all
cylinders both full and expended.
    c. The cylinders are collected and transported by a private or a
contract carrier for reconditioning, reuse or disposal.
    d. Cylinders must be secured in the vehicle in accordance with
Sec.  177.834(a).
    (9) * * *
* * * * *
    W11 Notwithstanding the requirements of Sec.  172.800 and Sec.
176.83(d), entries assigned this special provision, when offered for
transportation by water, may be offered in the same transport unit with
foodstuffs and cargo of an organic nature provided a distance of 3 m
(10 ft) is maintained between the hazardous materials and foodstuffs or
cargo of an organic nature. Class 8 (corrosive) materials assigned this
special provision may also be stowed above packages of flammable
liquids also assigned this special provision.
* * * * *
0
7. In 172.202 paragraph (c)(1) is added to read as follows:

Sec.  172.202  Description of hazardous material on shipping papers.

* * * * *
    (c) * * *
    (1) During local collections operations, hazardous materials and
hazardous substances transported by highway that are ``household
wastes'' as described in 40 CFR 261.4 and not subject to the
Environmental Protection Agency's hazardous waste regulations in 40
CFR, Parts 262 and 263 are excepted from the requirements of this
paragraph.
* * * * *
0
8. In 172.315 paragraph (a)(3) is added to read as follows:

Sec.  172.315  Limited quantities.

    (a) * * *
    (3) Except for, Classes 1, and 7, and Division 6.1 and 6.2
materials, for transportation by highway by private carrier, the
limited quantity marking is not required to be displayed on a package
containing materials assigned to Packing Groups II and III prepared in
accordance with the limited quantity requirements in part 173 of this
subchapter provided:
    (i) Inner packagings for liquid hazardous materials do not exceed
1.0 L (0.3 gallons) net capacity each;
    (ii) Inner packagings for solid hazardous materials do not exceed
1.0 kg (2.2 pounds) net capacity each;
    (iii) No more than 2 L (0.6 gallons) or 2 kg (4.4 pounds) aggregate
net quantity of any one hazardous material may be transported in one
vehicle; and
    (iv) The maximum gross weight of the packages must not exceed 60 kg
(132 pounds) per vehicle.
    (v) Each package is marked with the name and address of the
offeror, a 24-

hour emergency response phone number and the statement ``Contains
Chemicals'' in letters at least one-inch high on a contrasting
background.
* * * * *
0
9. In Sec.  172.400a, paragraph (a)(1) is revised and paragraph (a)(8)
is added to read as follows:

Sec.  172.400a  Exceptions from labeling.

    (a) * * *
    (1) A Dewar flask meeting the requirements in Sec.  173.320 of this
subchapter or a cylinder containing a Division 2.1, 2.2, or 2.3
material that is durably and legibly marked in accordance with CGA C-7,
Appendix A (IBR; see Sec.  171.7 of this subchapter).
* * * * *
    (8) Toy plastic or paper caps for toy pistols described as
``UN0349, Articles, explosive, n.o.s. (Toy caps), 1.4S, PG II'' or
``NA0337, Toy caps, 1.4S, PG II'' offered for transportation by motor
vehicle, rail freight, cargo vessel, and cargo aircraft in conformance
with the following conditions:
    (i) The toy plastic or paper caps must be in the form of sheets,
strips, rolls, or individual caps;
    (ii) The caps must not contain more than an average of twenty-five
hundredths of a grain of explosive composition per cap;
    (iii) The caps must be packed inside packagings constructed of
cardboard not less than 0.013-inch in thickness, metal not less than
0.008-inch in thickness, non-combustible plastic not less than 0.015-
inch in thickness, or a composite blister package consisting of
cardboard not less than 0.013-inch in thickness and non-combustible
plastic not less than 0.005-inch in thickness that completely encloses
the caps;
    (iv) The minimum dimensions of each side and each end of the
cardboard packaging must be 1/8th inch in height or more;
    (v) The number of caps inside each packaging must be limited so
that not more than 10 grains of explosives composition may be packed
into one cubic inch of space, and not more than 17.5 grains of the
explosive composition of toy caps may be packed in any inner packaging;
    (vi) Inner packagings must be packed in outer packagings meeting PG
II performance criteria;
    (vii) Toy caps may be packed with non-explosive or non-flammable
articles provided the outer packagings are marked as prescribed in this
paragraph;
    (viii) Toy paper caps of any kind must not be packed in the same
packaging with fireworks;
    (ix) The outside of each package must be plainly marked ``ARTICLES,
EXPLOSIVES, N.O.S. (TOY CAPS)--HANDLE CAREFULLY'' OR ``TOY CAPS--HANDLE
CAREFULLY''; and
    (x) Explosives shipped in conformance with this paragraph must have
been examined in conformance with Sec.  173.56 and approved by the
Associate Administrator for Hazardous Materials Safety.
* * * * *

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

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

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

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

Sec.  173.12  Exceptions for shipment of waste materials.

* * * * *
    (h) Shrink-wrapped pallets of limited quantity waste. Shrink-
wrapped pallets containing boxes of waste ORM-D or limited quantity
materials may be transported by motor vehicle and cargo vessel when
marked with the word ``WASTE'' on the outside of the pallet instead of
on each individual box under the following conditions:
    (1) Expired consumer commodities must be in their original
undamaged packaging and marked with the ``Consumer Commodity ORM-D''
marking or ``Limited Quantities Ltd-Qty'' marking,
    (2) Packages must be securely affixed to a pallet and shrink
wrapped,
    (3) The outside of the shrink wrap must be marked on opposite sides
with: ``Waste Consumer Commodity ORM-D'' or ``Waste Limited Quantities
Ltd-Qty,'' and
    (4) A packaging or shipping paper that is permanently marked with a
special permit number, ``DOT-SP'' or ``DOT-E,'' for which the
provisions of the special permit have been adopted into this subchapter
may continue to be used for the life of the packaging without
obliterating or otherwise removing the permanent marking.
* * * * *
0
12. In Sec.  173.29, paragraph (f) is revised to read as follows:

Sec.  173.29  Empty packagings.

* * * * *
    (f) Smokeless powder residue when transported by motor vehicle or
railcar in COFC or TOFC service is excepted from shipping papers and
the placarding requirements of subpart F of part 172 of this subchapter
when transported in conformance with the following:
    (1) The outer packaging is a UN specification 1G fiber drum or 1A2
steel drum;
    (2) The amount of smokeless powder per outer packaging does not
exceed 5 grams;
    (3) The smokeless powder is approved in conformance with Sec.
173.56 as a Class 1 explosive substance;
    (4) Empty packages must be in a closed transport vehicle;
    (5) Empty packages must be loaded by the shipper and unloaded by
the shipper or consignee; and
    (6) The proper shipping description of the material is ``RESIDUE:
Last Contained Powder, smokeless, Hazard Class N/A, Identification
Number N/A, Packing Group N/A''.
* * * * *
0
13. In Sec.  173.40, revise paragraph (d) as follows:

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

* * * * *
    (d) * * *
    (1) * * *
    (ii) Each cylinder with a valve must be equipped with a protective
metal or plastic cap, other valve protection device, or an overpack
which is sufficient to protect the valve from breakage or leakage
resulting from a drop of 2.0 m (7 ft) onto a non-yielding surface, such
as concrete or steel. Impact must be at an orientation most likely to
cause damage.
0
14. In Sec.  173.62, Packing Instruction 139 in the Table of Packing
Methods, paragraph (c)(5) is revised to read as follows:

Sec.  173.62  Specific packaging requirements for explosives.

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

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

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

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

* * * * *
0
15. In Sec.  173.63, paragraph (a) is revised to read as follows:

Sec.  173.63  Packaging exceptions.

    (a) Charges, and detonating cords and fuses. The following approved
explosive articles may be reclassed as certain Division 1.4
Compatibility Group D (1.4D) explosives when prepared and offered for
transportation under the following conditions:
    (1) Cord, detonating (UN0065, Div. 1.1D), having an explosive
content not exceeding 6.5 g (0.23 ounces) per 30 centimeter length (one
linear foot) may be reclassed as Cord, detonating (UN0289, Div. 1.4D)
and offered for transportation domestically if the aggregate gross
weight of all packages containing Cord, detonating (UN0065) does not
exceed 45 kg (99 pounds) per:
    (i) Transport vehicle, freight container, or cargo-only aircraft;
    (ii) Off-shore down-hole tool pallet carried on an off-shore supply
vessel;
    (iii) Cargo compartment of a cargo vessel; or
    (iv) Passenger-carrying aircraft used to transport personnel to
remote work sites, such as offshore drilling units.
    (2) Cord, detonating, or Fuse detonating, metal clad (UN 0290, Div.
1.1D) may be renamed and reclassed as Cord, detonating, mild effect, or
Fuse, detonating, mild effect, metal clad (UN 0104, Div. 1.4D); and
Charges, shaped, flexible, linear (UN 0288, Div. 1.1D) may be renamed
and reclassed ``Charges, shaped, flexible, linear (UN 0237, Div. 1.4D)
and transported by motor vehicle, railcar, cargo vessel, and cargo
aircraft, under the following conditions:
    (i) The explosive substances in each item must not exceed 10.7
grams per meter (50 grains per foot) and the length of each cord, fuse,
and charge must not exceed 30.5 meters (100 foot) in any one package;
    (ii) ``Cord, detonating, mild effect,'' must be packaged in
conformance with Sec.  173.62(c), Packing Instruction 139; and
    (iii) ``Charges, shaped, flexible, linear,'' must be packaged in
conformance with Sec.  173.62, Packing Instruction 138.
* * * * *
0
16. In Sec.  173.150, add paragraph (h) to read as follows:

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

* * * * *
    (h) Diesel fuel (NA1993) and Gasoline (UN1203) may be transported
one way, by motor vehicle, directly from the loading location to an
equipment repair facility, in a non-DOT specification, non-bulk
packaging, known as a gasoline dispenser, which has been removed from
service at gasoline marketing outlets, without complying with the
marking set forth in Sec.  172.301(c), under the following conditions:
    (i) Prior to loading, each dispenser must be prepared for
transportation by capping or plugging all product inlet and outlet
piping, so that no fluid may be released during transportation;
    (ii) No dispenser may contain more than 2 gallons of gasoline; and
    (iii) Each dispenser must be blocked, braced or strapped to the
motor vehicle to prevent movement during transportation.
* * * * *
0
17. In Sec.  173.151, add paragraphs (e), (f), (g), and (h) to read as
follows:

Sec.  173.151  Exceptions for Class 4.

* * * * *
    (e) Except for transportation by aircraft, Lithium (UN1415),
Potassium (UN2257), and Sodium (UN1428) with a net quantity of material
per inner packaging not exceeding 25 grams, are excepted from the
labeling requirements of Part 172, Subpart E and the placarding
requirements of Part 172 Subpart F, when offered for transportation or
transported in the following packagings under the following conditions:
    (1) Packaging.
    (i) The hazardous material is placed in a tightly closed plastic
bottle after being submerged in mineral oil;
    (ii) The plastic bottle is placed inside a plastic bag which must
be securely closed to prevent leaks or punctures in conformance with
the instructions provided by the packaging manufacturer in accordance
with Sec.  178.2(c) of this subchapter.
    (iii) The bagged bottle is then placed inside a metal can with all
void spaces filled with an oil-absorbing material and sealed tight; and
    (iv) The can is then placed into a heat sealed barrier bag.
    (2) Marking. Each inner plastic bottle, outer metal can, and
barrier bag must be marked with: (A) chemical name; (B) quantity; and
(C) the name and address of the offeror.
    (3) Recordkeeping. (i) Records of the preparation, packaging, and
marking of each chemical must be documented and all components in each
package must be noted; and
    (ii) Records must be retained for a minimum of 5 years and be
accessible at or through the shipper's principal place of business and
be made available, upon request, to the Associate Administrator or
designated official.
    (f) Except for transportation by aircraft, Self-heating solid,
inorganic, n.o.s. (UN3190) may by contained in:

    (1) Unlined, non-DOT specification multi-wall paper bags containing
a maximum of 55 pounds (net) of product as follows.
    (A) Each bag must be capable of passing the tests at the Packing
Group II performance level specified in Subpart M of 49 CFR part 178
for paper bags;
    (B) All bags must be held a minimum of 24 hours after packaging and
a determination made that the material temperature does not exceed 100
[deg]F prior to offering for shipment; and
    (C) Shipments must be made in closed freight containers.
    (g) Except for transportation by aircraft, Water reactive solid,
n.o.s. (contains magnesium, magnesium nitrides) in Packing Group II or
III may be contained in sift-proof bulk packagings that prevent liquid
water from reaching the hazardous material with sufficient venting to
preclude dangerous accumulation of flammable, corrosive or toxic
gaseous emissions such as methane, hydrogen and ammonia.
    (h) Phosphorus, yellow, under water (UN1381) may be contained in
the following packaging, subject to the following conditions:
    (1) Packaging. (i) A 30 gallon UN 1A2 steel drum certified to the
PG I performance level for solids and the PG I or PG II performance
level for liquids and dual marked as a UN1A2/X400/S (for solid) and
UN1A2 X(or Y)/1.4/150 (for liquids).
    (ii) Sufficient water must be present in each drum to ensure that
the phosphorous is covered during transportation, in any orientation of
the drum;
    (iii) Drums must be held and observed for a minimum of 24-hours
before transportation. Any leaking or otherwise unsuitable drums must
be replaced prior to transportation;
    (iv) Packages must be destroyed and may not be reused; and
    (v) The net mass of the material and water, in kilograms, must not
exceed the mass that would be permitted by calculating the volume of
the packaging in liters multiplied by the specific gravity indicated on
the package certification.
    (2) Conditions.
    (i) Transportation is by private or contract motor carrier only;
    (ii) Transportation is authorized from the generator site(s) of the
material to a facility where it must be unloaded by the consignee for
reprocessing;
0
18. In Sec.  173.154, add paragraphs (b)(3), (e) and (f) to read as
follows:

Sec.  173.154  Exceptions for Class 8 (corrosive materials).

* * * * *
    (b) * * *
    (3) When transported by private motor carrier only, the following
materials may be packaged in polyethylene bottles with a capacity no
greater than 3.785L (one gallon), packed inside an open-top, heavy
wall, high density polyethylene box (i.e., crate) in a manner that the
polyethylene bottles are not subjected to any superimposed weight, and
the boxes must be reasonably secured against movement within the
transport vehicle and loaded so as to minimize the possibility of
coming in contact with other lading:
    Compounds, cleaning liquid (consisting of solutions containing
potassium hydroxide, hydrochloric acid or phosphoric acid), NA1760, PG
II or III;
    Corrosive liquid, basic, inorganic, n.o.s. (Potassium hydroxide),
PG II, and Corrosive liquid, basic, inorganic, n.o.s. (Sodium
hydroxide), PG II, UN3266;
    Corrosive liquid, acidic, inorganic, n.o.s. (Phosphoric acid and
Nitric acid), UN3264, PG II;
    Corrosive liquid, acidic, organic, n.o.s. (Glycolic acid), UN 3265,
PG III; Hypochlorite solutions, UN1791, PG III;
    Hydrochloric acid solution (with not over 32% strength), UN 1789,
PG II; and
    Sulfuric acid (with not more than 51% acid), UN2796, PG II.
    (i) No more than four bottles, securely closed with threaded caps,
may be packed in each box.
    (ii) Each empty bottle must have a minimum weight of not less than
140 grams and a minimum wall thickness of not less than 0.020 inch
(0.508 mm).
    (iii) The completed package must meet the Packing Group II
performance level, as applicable for combination packagings with a
plastic box outer packaging, in accordance with Subpart M of Part 178.
    (A) Tests must be performed on each type and size of bottle, for
each manufacturing location. Samples taken at random must withstand the
prescribed tests without breakage or leakage.
    (B) One bottle for every two hours of production, or for every 2500
bottles produced, must be tested by dropping a bottle filled to 98%
capacity with water from a height of 1.2 meters (3.9 feet) onto solid
concrete directly on the closure.
    (C) A copy of the test results must be kept on file at each
facility where packagings are offered for transportation, and must be
made available to a representative of the Department of Transportation
upon request.
    (iv) The name or symbol of the bottle producer, and the month and
year of manufacture, must be marked by embossing, ink-jet printing of
permanent ink, or other permanent means on the face or bottom of each
bottle, in letters and numbers at least 6 mm (0.2 inch) high. Symbols,
if used, must be registered with the Associate Administrator.
    (v) The box must be constructed from high density polyethylene in
the density range 0.950-0.962, and be capable of holding liquid when in
the upright position.
* * * * *
    (e) Hydrochloric acid concentration not exceed 38%, in Packing
Group II, may be contained in UN31H1 or UN31HH1 intermediate bulk
containers when loaded in accordance with the requirements of Sec.
173.35(h).
    (f) Battery fluid, acid, packaged with a dry storage battery in
Packing Group II, may be packaged in a UN6HG2 composite packaging
containing battery fluid and a dry storage battery packed in a UN4G
fiberboard box. The UN6HG2 composite packaging must have a maximum
capacity of 8.0 liters and be marked as meeting the requirement for
Packaging Group II. The maximum allowable gross weight for the
completed package is 37.0 kg.
0
19. In Sec.  173.156, add paragraphs (c) and (d) to read as follows:

Sec.  173.156  Exceptions for limited quantity and ORM.

* * * * *
    (c) Display packs. Display packs, as defined in Sec.  171.8 of this
subchapter, of consumer commodity packages that exceed 30 kg gross
weight may be transported by railcar in trailer-on-flatcar (TOFC) or
container-on-flat-car (COFC) service, or roadrailer and/or railrunner
trailers or by motor vehicle, or cargo vessel only under the following
conditions:
    (1) Packaging. Combination packages must conform to the packaging
requirements of Subpart B of 49 CFR part 173 and meet the following
limitations:
    (i) The inner containers must conform to the quantity limits for
inner packagings prescribed in Sec. Sec.  173.150(b), 173.152(b),
173.154(b), 173.155(b) and 173.306(a) and (b), as appropriate;
    (ii) The inner containers must be packed into trays to secure
individual containers from movement inside the completed combination
package during transportation;
    (iii) The tray(s) must be placed into a fiberboard box, and the
fiberboard box

must be banded and secured to a pallet by metal, fabric, or plastic
straps to form a single palletized unit; and
    (iv) The maximum net quantity of hazardous material permitted on
one palletized unit is 550 kg (1,210 lbs.).
    (2) Marking. The outside of each package must be plainly and
durably marked with either ``Consumer commodity, ORM-D'' or ``Limited
Quantities, Ltd-Qty,'' so that both labels will not be displayed at the
same time in the surrounding rectangle as prescribed in Sec. Sec.
172.315 and 172.316.
    (d) Exceptions for waste limited quantities and ORM-D materials.
Certain exceptions for waste limited quantity and ORM-D materials are
prescribed in Sec.  173.12(h).
0
20. In Sec.  173.158, add paragraphs (i) and (j) to read as follows:

Sec.  173.158  Nitric acid.

* * * * *
    (i) Nitric acid of up to 40% concentration, when offered for
transportation or transported by rail, highway, or cargo vessel, may be
contained in a UN1H1 non-removable head plastic drum, tested and marked
at the PGII level for liquids with a specific gravity of at least 1.8,
and a hydrostatic test pressure appropriate for the hazardous material.
    (1) Drums may only be used one time and must be destroyed after
emptying.
    (2) Drums must be permanently and legibly marked ``Single Trip
Only'' and ``Must be Destroyed When Empty.''
    (j) Nitric acid, other than red fuming, with more than 70% nitric
acid and Nitric acid, other than red fuming, with not more than 70%
nitric acid, when offered for transportation or transported by rail,
highway, or cargo vessel, may be packaged in a UN 4G performance
standard packaging meeting the Packing Group I or II performance level:
    (1) Inner packaging: A plastic (``fluorinated ethylene-propylene''
[FEP] polymers, ``perfluoroalkoxy'' [PFA] polymers or similar
materials) bottle with lined screw closure meeting the compatibility
requirements of Sec.  173.24(e) of this section and having a net
capacity not greater than 2.5 liters (0.66 gallon) each. The wall
thickness of the bottle must not be less than 0.020''.
    (2) Intermediate packaging: (A) A tightly closed rigid-foam plastic
receptacle each containing one inner packaging; or
    (B) A plastic bag containing one inner packaging and placed inside
a heavy-wall polypropylene bag lined with polypropylene absorbent
material of sufficient capacity to completely absorb the liquid
contents of each inner package. Both bags must be tightly sealed with
either plastic tape, a wire tie or a cable tie.
0
21. In Sec.  173.159, revise the first sentence in introductory
paragraph (e) and add paragraph (j) to read as follows:

Sec.  173.159  Batteries, wet.

* * * * *
    (e) When transported by highway or rail, shipments of electric
storage batteries containing electrolyte or corrosive battery fluid,
and shipments of electric storage batteries and battery acid, are not
subject to any other requirements of this subchapter, if all of the
following are met: * * *
* * * * *
    (j) Nickel cadmium batteries containing liquid potassium hydroxide.
Nickel-cadmium batteries that each contain no more than 10 ml of liquid
potassium hydroxide, a Class 8 material, are not subject to the
requirements of this subchapter when transported by motor vehicle,
railcar, cargo vessel, and passenger and cargo aircraft under the
following conditions:
    (1) Each battery must be sealed in a heat sealed bag, packaged to
prevent short circuits, and placed in the center of an outer plastic
drum and surrounded with a foam-in-place packaging material;
    (2) The outer plastic drum must meet the UN 1H2 performance
standard at the Packing Group II level;
    (3) The gross weight of the package may not exceed 15.2 kg (33.4
pounds); and
    (4) The cumulative amount of potassium hydroxide solution in all of
the batteries in each package may not exceed 4 ounces (0.11 kg).
0
22. In Sec.  173.168, add paragraph (g) to read as follows:

Sec.  173.168  Chemical oxygen generators.

* * * * *
    (g) Exceptions. An unapproved chemical oxygen generator with only
one positive means of preventing unintentional actuation of the
generator, and without the required approval number marked on the
outside of the package, may be transported by motor vehicle, railcar,
and cargo vessel only under the following conditions:
    (1) Packaging. (i) The one positive means of preventing
unintentional actuation of the generator shall be installed in such a
manner that the percussion primer is so completely protected from its
firing pin that it cannot be physically actuated or the electric firing
circuit is so completely isolated from the electric match that it
cannot be electrically actuated.
    (ii) Inner packaging. Except as provided in paragraph (g)(1)(iii)
of this section below, an unapproved chemical oxygen generator, or
unapproved chemical oxygen generator installed in smaller size
equipment such as a PBE shall be packaged in a combination packaging
consisting of a non-combustible inner packaging that fully encloses the
oxygen generator or piece of equipment inside an outer packaging which
meets the requirements in Sec.  173.212 or ``Packaging for Airline
Supplies--ATA Specification No. 300,'' published by the Airlines for
America.
    (iii) Impractical size packaging. If the piece of equipment in
which the unapproved chemical oxygen generator is installed is so large
(e.g., an aircraft seat) as to not be practically able to be fully
enclosed in the packaging prescribed in paragraphs (g)(1)(ii) of this
section, then a visible and durable warning tag must be securely
attached to the piece of equipment stating ``THIS ITEM CONTAINS A
CHEMICAL OXYGEN GENERATOR.''
    (2) Testing. Each unapproved chemical oxygen generator, without its
packaging, must be capable of withstanding a 1.8 meter drop onto a
rigid, non-resilient, flat and horizontal surface, in the position most
likely to cause damage, with no actuation or loss of contents.
    (3) Marking. (i) If the unapproved chemical oxygen generator is
inside a piece of equipment which is sealed or difficult to determine
if an oxygen generator is present, for example--a closed sealed
passenger service unit, then a visible and durable warning sign must be
attached to the piece of equipment stating: ``THIS ITEM CONTAINS A
CHEMICAL OXYGEN GENERATOR''; and
    (ii) Each outer package, and overpack if used, must be visibly and
durably marked with the following statement: ``THIS PACKAGE IS NOT
AUTHORIZED FOR TRANSPORTATION ABOARD AIRCRAFT''.
0
23. In Sec.  173.181, revise introductory paragraph (a) and add
paragraph (d) to read as follows:

Sec.  173.181  Pyrophoric materials (liquids).

* * * * *
    (a) Specification steel or nickel cylinders prescribed for any
compressed gas except acetylene having a minimum design pressure of
1206 kPa (175 psig). DOT 3AL cylinders with a minimum marked service
pressure of 1,800 psig and a maximum water capacity of 49 liters (13
gal) are authorized only for UN3194, Pyrophoric liquid, inorganic,
n.o.s. Any preheating or heating of the DOT 3AL cylinders must be
limited to a maximum temperature of 79.4 [deg]C

(175[emsp14][deg]F). Cylinders with valves must be: * * *
* * * * *
    (d) Packaging--A combination packaging consisting of the following:
    (1) Outer packaging. A 208 liter capacity UN1A2 drum that has been
certified to PG I. The drum has a minimum wall thickness of 1.0 mm and
the top head is closed with a steel closing ring with a minimum
thickness of 2.4 mm.
    (2) Inner packaging. A 10 liter or 20 liter UN1A1 drum which has
been certified to PG I. The drums have a minimum wall thickness of 1.9
mm. Both drums have 4 NPT or VCR openings, each with a diameter of 6.3
mm. The 10 liter or 20 liter drum must be fabricated from stainless
steel. On the upper head, both the 10 and 20 liter drums are fitted
with a center opening with a maximum diameter of 68.3 mm. The opening
is sealed with a threaded closure fabricated from 316 stainless steel.
No more than two (2) inner drums may be placed inside the outer drum.
0
24. In Sec.  173.184, add paragraph (c) to read as follows:

Sec.  173.184  Highway or rail fusees.

* * * * *
    (c) For transportation by highway, railroad flagging kits are not
subject any other requirements of this subchapter when all of the
following conditions are met:
    (1) The flagging kits may only contain fusees and railroad
torpedoes as follows:
    (i) Fusee (rail or highway) (NA1325, Division 4.1, PG II).
    (ii) Articles, pyrotechnic (UN0431, Division 1.4G, PG II).
    (iii) Signal devices, hand (UN0373, Division 1.4S, PG II).
    (iv) Signal devices, hand (UN0191, Division 1.4G, PG II).
    (v) Signals, railway track, explosive (UN0193, Division 1.4S, PG
II).
    (2) Fusees and railroad torpedoes must be transported in
compartmented metal containers. Each compartment must have a cover with
a latching device. Compartments for railroad torpedoes must be equipped
with a spring loaded positive locking device. Each compartment may only
contain one type of device.
    (3) Each flagging kit may contain a maximum of 36 fusees and 36
railroad torpedoes. No more than 6 flagging kits may be transported at
one time on any motor vehicle.
    (4) Flagging kits may only be transported on railroad motor
vehicles including privately owned motor vehicles under the direct
control of on-duty railroad employees.
    (5) The fusees and railroad torpedoes must be kept in the closed
flagging kits whenever they are not being used on the railroad right-
of-way, while the motor vehicle is being driven, or whenever the motor
vehicle is located on other than railroad property.
    (6) When left in unattended motor vehicles on non-railroad
property, a flagging kit must be locked, locked inside the motor
vehicle, or stored in a locked compartment on the motor vehicle.
0
25. In Sec.  173.193, revise paragraph (b) to read as follows:

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

* * * * *
    (b) Bromoacetone, methyl bromide, chloropicrin and methyl bromide
mixtures, chloropicrin and methyl chloride mixtures, and chloropicrin
mixtures charged with non-flammable, non-liquefied compressed gas must
be packed in Specification 3A, 3AA, 3B, 3C, 3E, 4A, 4B, 4BA, 4BW, or 4C
cylinders having not over 113 kg (250 pounds) water capacity (nominal)
except:
    (1) DOT specification 4BW cylinders containing chloropicrin and
methyl bromide mixtures may not exceed 453 kg (1000 pounds). This
capacity limit does not apply to shipments of methyl bromide; and
    (2) water capacity (nominal).
* * * * *
0
26. In Sec.  173.226, add paragraph (f) to read as follows:

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

* * * * *
    (f) Liquid hazardous materials in Division 6.1 Packing Group I,
Hazard Zone A are excepted from the segregation requirements of
Sec. Sec.  174.81, 176.83, and 177.848(d) of this subchapter when
packaged as follows:
    (1) Inner packaging system. The inner packaging system must consist
of three packagings: (i): A glass, plastic or metal receptacle, with a
capacity of not more than 1 liter (1 quart), securely cushioned with a
non-reactive, absorbent material. The receptacle must have a closure
which is held in place by any means capable of preventing back-off or
loosening of the closure by impact or vibration during transportation.
    (ii) The receptacle must be packed within a leak-tight packaging of
metal, with a capacity of not less than 4 liters (1 gallon); and
    (iii) The metal packaging must be securely cushioned with a
nonreactive absorbent material and packed in a leak-tight UN 1A2 steel
drum or UN 1H2 plastic drum, with a capacity of not less than 19 liters
(5 gallons).
    (2) Outer packaging. The inner packaging system must be placed in a
UN 1A2 steel drum or UN 1H2 plastic drum, with a capacity of not less
than 114 liters (30 gallons). The inner packaging system must be
securely cushioned with a non-reactive, absorbent material. The total
amount of liquid contained in the outer packaging may not exceed 1
liter (1 quart).
    (3) Both the inner packaging system and the outer packaging must
conform to the performance test requirements of Subpart M of part 178
of this subchapter at the Packing Group I performance level. The inner
packaging system must meet these tests without benefit of the outer
packaging.
* * * * *
0
27. In Sec.  173.301, revise paragraphs (f)(1) through (2), (h)(2)(i),
and add paragraph (f)(7) to read as follows:

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

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

inches) in length for the following gases in the maximum weight limits
specified:
    (i) Carbon Dioxide 0.24L (8 oz. limit)
    (ii) Ethane 0.12L (4 oz. limit)
    (iii) Ethylene 0.12L (4 oz. limit)
    (iv) Hydrogen Chloride, anhydrous 0.24L (8 oz. limit)
    (v) Monochlorotrifluoromethane 0.35L (12 oz. limit)
    (vi) Nitrous oxide, 0.24L (8 oz. limit)
    (vii) Vinyl fluoride, stabilized 0.24L (8 oz. limit)
* * * * *
    (h) * * *
    (2) * * *
    (i) By equipping the cylinder with securely attached metal or
plastic caps of sufficient strength to protect valves from damage
during transportation;
* * * * *
0
28. In Sec.  173.302, revise paragraph (f)(1) to read as follows:

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

* * * * *
    (f) * * *
    (1) Only DOT specification 3A, 3AA, 3AL, 3E, 3HT, 39 cylinders, 4E
(filled to less than 200 psig at 21 [deg]C (70 [deg]F), and UN pressure
receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders
are authorized.
* * * * *
0
29. In Sec.  173.302a:
0
a. Revise paragraphs (a)(1) and (a)(5);
0
b. Add a new paragraph (a)(6);
0
c. Redesignate paragraphs (c), (d) and (e) as paragraphs (d), (e), and
(f); and
0
d. Add new paragraph (c).
    The revisions and additons are to read as follows:

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

    (a) * * *
    (1) DOT 3, 3A, 3AA, 3AL, 3B, 3E, 4B, 4BA, 4BW, and 4E cylinders.
* * * * *
    (5) Aluminum cylinders manufactured in conformance with
specifications DOT 39, 3AL and 4E are authorized for oxygen only under
the conditions specified in Sec.  173.302(b).
    (6) DOT 4E cylinders- DOT 4E cylinders with a maximum capacity of
43L (11 gal) must have a minimum rating of 240 psig and be filled to no
more than 200 psig at 21 [deg]C (70[emsp14][deg]F).
* * * * *
    (c) Special filling limits for DOT 3A, 3AX, 3AA, and 3AAX cylinders
containing Division 2.1 gases. A DOT specification 3A, 3AX, 3AA, and
3AAX cylinder may be filled with hydrogen and mixtures of hydrogen with
helium, argon or nitrogen, to a pressure 10% in excess of its marked
service pressure, if the following requirements are met:
    (1) The cylinder must confirm to all of the requirements of
paragraph (b) of this section;
    (2) The cylinder was manufactured after December 31, 1945;
    (3) DOT specification 3A and 3AX cylinders are limited to those
having an intermediate manganese composition.
    (i) Cylinders manufactured with intermediate manganese steel must
have been normalized, not quench and tempered. Quench and temper
treatment of intermediate steel is not authorized.
    (ii) Cylinders manufactured with chrome moly steel must have been
normalized, not quenched and tempered, not normalized.
    (4) Cylinders must be equipped with safety relief devices as
follows:
    (i) Cylinders less than 1.7 m (65 inches) in length must be
equipped with fusible metal backed frangible disc devices;
    (ii) Cylinders 1.7 m (65 inches) or greater in length and 24.5 cm
(9.63 inches) in diameter or larger must be equipped with fusible metal
backed frangible disc devices or frangible disc devices. Cylinders
having diameter of .56 m (22 inches) or larger must be equipped with
frangible disc devices.
    (d) Carbon monoxide. Carbon monoxide must be offered in a DOT 3,
3A, 3AX, 3AA, 3AAX, 3AL, 3E, 3T or 4E cylinder having a minimum service
pressure of 1800 psig. The pressure in a steel cylinder may not exceed
1000 psig at 21 [deg]C (70[emsp14][deg]F), except that if the gas is
dry and sulfur free, the cylinder may be filled to \5/6\ of the
cylinder's service pressure or 2000 psig, whichever is less. A DOT 3AL
cylinder may be filled to its marked service pressure. A DOT 4E
cylinder must be rated at least 240 psig and be filled to no more than
200 psig at 21C (70F). A DOT 3AL or DOT 4E cylinder is authorized only
when transported by motor vehicle, rail car, or cargo-only aircraft.
    (e) Diborane and diborane mixtures. Diborane and diborane mixed
with compatible compressed gas must be offered in a DOT 3AL1800 or
3AA1800 cylinder. The maximum filling density of the diborane may not
exceed 7%. Diborane mixed with compatible compressed gas may not have a
pressure exceeding the service pressure of the cylinder if complete
decomposition of the diborane occurs. Cylinder valve assemblies must be
protected in accordance with Sec.  173.301(h).
    (f) Fluorine. Fluorine must be shipped in specification 3A1000,
3AA1000, or 3BN400 cylinders without pressure relief devices and
equipped with valve protection cap. The cylinder may not be charged to
over 400 psig at 21 [deg]C (70 [deg]F) and may not contain over 2.7 kg
(6 lbs) of gas.
0
30. In Sec.  173.304, revise paragraph (d) to read as follows:

Sec.  173.304  Filling of cylinders with liquefied compressed gases.

* * * * *
    (d) Refrigerant and dispersant gases. Nontoxic and nonflammable
refrigerant or dispersant gases must be offered for transportation in
cylinders prescribed in Sec.  173.304a of this subchapter, or in DOT
2P, 2Q, or 2Q1 containers (Sec. Sec.  178.33, 178.33a, and 178.33d--2
of this subchapter). DOT 2P, 2Q, and 2Q1 must be packaged in a strong
outer packaging of such design as to protect valves from damage or
accidental functioning under conditions incident to transportation. For
DOT 2P and 2Q containers, the pressure inside the containers may not
exceed 87 psia at 21.1[deg]C (70 [deg]F). For 2Q1 containers, the
pressure inside the container may not exceed 200 psig at 55 [deg]C (131
[deg]F). Each completed metal container filled for shipment must be
heated until its contents reach a minimum temperature of 55 [deg]C (131
[deg]F) without evidence of leakage, distortion, or other defect. Each
outer package must be plainly marked ``INSIDE CONTAINERS COMPLY WITH
PRESCRIBED SPECIFICATIONS''.
* * * * *
0
31. In Sec.  173.304a, revise in the table in paragraph (a)(2), the
entries for:
0
a. Carbon dioxide; and
0
b. Nitrous oxide.

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

    (a) * * *
    (2) For the gases named, the following requirements apply (for
cryogenic liquids, see Sec.  173.316):

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

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

                                                  * * * * * * *
Nitrous oxide (see Notes 7, 8, and 11).........                     70.3  DOT-3A2000, DOT-3AA2000, DOT-3AX2000,
                                                                           DOT-3AAX2000, DOT-3T2000.
Nitrous oxide (see Notes 7, 8, and 11).........                     73.2  DOT-3A2265, DOT-3AA2265, DOT-3AX2265,
                                                                           DOT-3AAX2265, DOT-3T2265.
Nitrous oxide ( see Notes 7, 8, and 11)........                     74.5  DOT-3A2400, DOT-3AA2400, DOT-3AX2400,
                                                                           DOT-3AAX2400, DOT-3T2400.

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

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

Sec.  173.306  Limited quantities of compressed gases.

    (a) Limited quantities of compressed gases for which exceptions are
permitted as noted by reference to this section in Sec.  172.101 of
this subchapter are excepted from labeling, except when offered for
transportation or transported by air, and, unless required as a
condition of the exception, specification packaging requirements of
this subchapter when packaged in accordance with the following
paragraphs. For transportation by aircraft, the package must conform to
the applicable requirements of Sec.  173.27 of this subchapter and only
packages of hazardous materials authorized aboard passenger-carrying
aircraft may be transported as a limited quantity. In addition,
shipments are not subject to subpart F (Placarding) of part 172 of this
subchapter, to part 174 of this subchapter except Sec.  174.24, and to
part 177 of this subchapter except Sec.  177.817. Each package may not
exceed 30 kg (66 lbs.) gross weight.
    (1) When in containers of not more than 4 fluid ounces capacity
(7.22 cubic inches or less) except cigarette lighters. Additional
exceptions for certain compressed gases in limited quantities and the
ORM-D hazard class are provided in paragraph (i) of this section.
    (2) When in refillable metal containers filled with a material that
is not classed as a hazardous material to not more than 90% of capacity
at 21.1 [deg]C (70[emsp14][deg]F) and then charged with nonflammable,
nonliquefied gas. Each container must be tested to three times the
pressure at 21.1 [deg]C (70[emsp14][deg]F) and, when refilled, be
retested to three times the pressure of the gas at 21.1 [deg]C
(70[emsp14][deg]F). Also, one of the following conditions must be met:
    (i) The container is not over 0.95 L (1 quart) capacity and charged
to not more than 170 psig (1172.1 kPa) at 21.1 [deg]C
(70[emsp14][deg]F), and must be packed in a strong outer packaging; or
    (ii) The container is not over 114 L (30 gallons) capacity and
charged to not more than 75 psig (517.1 kPa) at 21.1 [deg]C
(70[emsp14][deg]F).
    (3) When in a metal aerosol (see Sec.  171.8 of this subchapter for
a definition of aerosol) container of a non-DOT specification, a DOT
2P, a DOT 2Q, or a variation of a 2P or 2Q design, provided all of the
following conditions are met. Additional exceptions for material in
packaging conforming to this paragraph (a)(3) are provided in paragraph
(i) of this section.
    (i) Capacity. The capacity of the container must not exceed 1 L
(61.0 cubic inches).
    (ii) General pressure conditions. The authorized metal aerosol
containers and associated pressure limits are provided in the following
table. The pressure in the container must not exceed 180 psig at 55
[deg]C (131[emsp14][deg]F) except as may be authorized for variations
of a DOT specification container type. In any event, the metal
container must be capable of withstanding without bursting a pressure
of at least one and one-half times the equilibrium pressure of the
contents at 55 [deg]C (131[emsp14][deg]F).

------------------------------------------------------------------------
                                    Then, the gauge
 If the contents are placed in   pressure (psi) at 55     Specification
            a . . .               [deg]C (131 [deg]F)    citation . . .
                                     must be . . .
------------------------------------------------------------------------
non-DOT specification           Up to but not
 container.                      exceeding 140.
2P............................  Greater than 140 but    Sec.   178.33
                                 not exceeding 160.
2Q............................  Greater than 160 but    Sec.   178.33a
                                 not exceeding 180.
If the contents are placed in   Then, the gauge         Specification
 a variation of a 2P or 2Q       pressure (psi) at 55    citation . . .
 specification in a . . .        [deg]C (131 [deg]F)
                                 must be . . .
2P1...........................  Greater than 140 but    Sec.   178.33c-2
                                 not exceeding 160.
2Q1...........................  Greater than 160 but    Sec.   178.33d-2
                                 not exceeding 200.
------------------------------------------------------------------------

    (iii) Liquid fill. The liquid content of the material and gas must
not completely fill the container at 55 [deg]C (131[emsp14][deg]F).
    (iv) Outer packaging. The containers must be packed in strong outer
packagings.
    (v) Pressure testing. Each container, after it is filled, must be
subjected to a test performed in a hot water bath; the temperature of
the bath and the duration of the test must be such that the internal
pressure reaches that which would be reached at 55 [deg]C
(131[emsp14][deg]F), or 50 [deg]C (122[emsp14][deg]F) if the liquid
phase does not exceed 95% of the capacity of the container at 50 [deg]C
(122[emsp14][deg]F)). If the contents are sensitive to heat, the
temperature of the bath must be set at between 20 [deg]C
(68[emsp14][deg]F) and 30 [deg]C (86[emsp14][deg]F) but, in addition,
one container in 2,000 must be tested at the higher temperature. No
leakage or permanent deformation of a container may occur. However,
instead of this standard water bath test, container(s) may be tested
using one of the following methods subject to certain conditions--
    (A) Alternative water bath test. (1) One filled container in a lot
of 2,000 must be subjected to a test performed in a hot water bath; the
temperature of the bath and the duration of the test must be such that
the internal pressure reaches that which would be reached at 55 [deg]C
(131[emsp14][deg]F). If the container shows evidence of leakage or
permanent deformation, the lot of 2,000 containers must be rejected;
    (2) A second filled container in the lot of 2,000 must be weighed
and compared to the weight specification for the containers as
documented in the operating procedures for the weight test. Failure of
the container to meet the weight specification is evidence of leakage
or overfilling and the lot of 2,000 must be rejected;
    (3) The remainder of the containers in the lot of 2,000 must be
visually inspected (e.g, examination of the seams). Containers showing
evidence of leakage or overfilling must not be transported; and
    (4) Each person employing this test must maintain a copy of the
operating procedures (or an electronic file thereof) that is accessible
at, or through, its principal place of business and must make the
procedures available upon request, at a reasonable time and location,
to an authorized official of the Department of Transportation.
    (B) Automated pressure test. Each person employing an automated
process for pressure testing of filled containers must develop
procedures for implementation of the test. Each person must maintain a
copy of the procedures (or an electronic file thereof) that is
accessible at, or through, its principal place of business and must
make the procedures available upon request, at a reasonable time and
location, to an authorized official of the Department of
Transportation. The procedures must, at a minimum, include instruction
on the following:
    (1) Pressure specifications. Each person must specify pressure
standard(s) (e.g. a pressure limit or range) for a container respective
of the design and/or contents. Each container, after it is filled, must
be pressure checked and compared to the standards. For a pressure
limit, any container exceeding the pressure limit must be rejected. For
a pressure range, any container outside of the set range must be
rejected. The instruments used to determine the pressure must be
properly calibrated before a production run to an accuracy of +/- or
better; and
    (2) Periodic inspection. At designated intervals, a randomly
selected container must be inspected for proper closure and
verification of filling pressure. If a container shows signs of
improper closure or over-filling, five (5) additional randomly selected
containers must be inspected. If any of the additional containers show
signs of improper closure or over-filling, all containers produced
since the last inspection must be rejected.
    (C) Weight test. Each person employing a weight test of filled
containers must develop procedures for implementation of the test. Each
person must maintain a copy of the procedures (or an electronic file
thereof) that is accessible at, or through, its principal place of
business and must make the procedures available upon request, at a
reasonable time and location, to an authorized official of the
Department of Transportation. The procedures must, at a minimum,
include instruction on the following:
    (1) Weight specifications. Each person must specify target weight
specifications for a particular container. Each container, after it is
filled, must be weighed and compared to the target weight specification
for the container. Any container outside the target weight
specification is an indication of leakage or overfilling and must be
rejected. The instruments used to determine the weight must be properly
calibrated before a testing run and be sufficiently sensitive to
measure within 0.10 g of the true weight of the container;
    (2) Heat testing and pressure limits. One container out of each lot
of successfully filled containers must be heat tested by raising the
internal pressure until it reaches that which would be reached at 55
[deg]C (131[emsp14][deg]F). The lot size should be no greater than
2,000. If the pressure in the container exceeds the maximum pressure
allowed for the container type or if the container shows signs of
leakage or permanent deformation, the lot must be rejected.
Alternatively, five (5) additional randomly selected containers from
the lot may be tested to qualify the lot but if any of the five
containers fail the test, the entire lot must be rejected;
    (3) Periodic inspection. At designated intervals, a randomly
selected container must be inspected for proper closure and
verification of filling pressure. If a container shows signs of
improper closure or over-filling, five (5) additional randomly selected
containers must be inspected. If any of the additional containers show
signs of improper closure or over-filling, all containers produces
since the last inspection must be rejected; and
    (4) Visual inspection. Each container must be visually inspected
prior to being packaged. Any container showing signs of leakage or
permanent deformation must be rejected.
    (D) Leakage test. (1) Pressure and leak testing before filling.
Each empty container must be subjected to a pressure equal to or in
excess of the maximum expected in the filled containers at 55 [deg]C
(131[emsp14][deg]F) (or 50 [deg]C (122[emsp14][deg]F) if the liquid
phase does not exceed 95% of the capacity of the container at 50 [deg]C
(122[emsp14][deg]F)). This must be at least two-thirds of the design
pressure of the container. If any container shows evidence of leakage
at a rate equal to or greater than 3.3 x 10-2 mbar L/s at the test
pressure, distortion or other defect, it must be rejected; and
    (2) Testing after filling. The person filling each container must
ensure that the crimping equipment is set appropriately and the
specified propellant is used before filling a container. Once filled,
each container must be weighed and leak tested. The leak detection
equipment must be sufficiently sensitive to detect at least a leak rate
of 2.0 x 10-3 mbar L/s at 20 [deg]C (68[emsp14][deg]F). Any filled
container which shows evidence of leakage, deformation, or overfilling
must be rejected.
    (vi) Each outer packaging must be marked ``INSIDE CONTAINERS COMPLY
WITH PRESCRIBED REGULATIONS.''
    (4) When in gas samples transported under the following conditions:
    (i) A gas sample may only be transported as non-pressurized gas
when its pressure corresponding to ambient atmospheric pressure in the

container is not more than 105 kPa absolute (15.22 psia).
    (ii) Non-pressurized gases, toxic (or toxic and flammable) must be
packed in hermetically sealed glass or metal inner packagings of not
more than one L (0.3 gallons) overpacked in a strong outer packaging.
    (iii) Non-pressurized gases, flammable must be packed in
hermetically sealed glass or metal inner packagings of not more than 5
L (1.3 gallons) and overpacked in a strong outer packaging.
    (5) For limited quantities of Division 2.2 gases with no subsidiary
risk, when in a plastic aerosol (see Sec.  171.8 of this subchapter for
a definition of aerosol) container of a non-DOT specification or a DOT
2S, provided all of the following conditions are met. Additional
exceptions for material in packaging conforming to this paragraph
(a)(5) are provided in paragraph (i) of this section.
    (i) Capacity. The capacity of the container must not exceed 1 L
(61.0 cubic inches).
    (ii) General pressure conditions. The authorized plastic aerosol
containers and associated pressure limits are provided in the following
table. The pressure in the container must not exceed 160 psig at 55
[deg]C (131[emsp14][deg]F) except as may be authorized for variations,
if any, of a DOT specification container type. In any event, the metal
container must be capable of withstanding without bursting a pressure
of at least one and one-half times the equilibrium pressure of the
contents at 55 [deg]C (131[emsp14][deg]F).

------------------------------------------------------------------------
                                    Then, the gauge
 If the contents are placed in   pressure (in psig) at    Specification
            a . . .             55 [deg]C (131 [deg]F)   citation . . .
                                     must be . . .
------------------------------------------------------------------------
non-DOT specification           Up to but not
 container.                      exceeding 140
2S............................  Greater than 140 but    Sec.   178.33b
                                 not exceeding 160.
------------------------------------------------------------------------

    (iii) Liquid fill. Liquid content of the material and gas must not
completely fill the container at 55 [deg]C (131[emsp14][deg]F).
    (iv) Outer packaging. The containers must be packed in strong outer
packagings.
    (v) Pressure testing. Except as provided in paragraph (a)(5)(vi) of
this section, each container must be subjected to a test performed in a
hot water bath; the temperature of the bath and the duration of the
test must be such that the internal pressure reaches that which would
be reached at 55 [deg]C (131[emsp14][deg]F) or 50 [deg]C
(122[emsp14][deg]F) if the liquid phase does not exceed 95% of the
capacity of the container at 50 [deg]C (122[emsp14][deg]F). If the
contents are sensitive to heat, or if the container is made of plastic
material which softens at this test temperature, the temperature of the
bath must be set at between 20 [deg]C (68[emsp14][deg]F) and 30 [deg]C
(86[emsp14][deg]F) but, in addition, one container in 2,000 must be
tested at the higher temperature. No leakage or permanent deformation
of a container may occur except that a plastic container may be
deformed through softening provided that it does not leak.
    (vi) Leakage test. As an alternative to the hot water bath test in
paragraph (a)(5)(v) of this section, testing may be performed as
follows:
    (A) Pressure and leak testing before filling. Each empty container
must be subjected to a pressure equal to or in excess of the maximum
expected in the filled containers at 55 [deg]C (131[emsp14][deg]F) (or
50 [deg]C (122[emsp14][deg]F) if the liquid phase does not exceed 95%
of the capacity of the container at 50 [deg]C (122[emsp14][deg]F). This
must be at least two-thirds of the design pressure of the container. If
any container shows evidence of leakage at a rate equal to or greater
than 3.3 x 10-2 mbar L/s at the test pressure, distortion or other
defect, it must be rejected; and
    (B) Testing after filling. Prior to filling, the filler must ensure
that the crimping equipment is set appropriately and the specified
propellant is used before filling the container. Once filled, each
container must be weighed and leak tested. The leak detection equipment
must be sufficiently sensitive to detect at least a leak rate of 2.0 x
10-3 mbar L/s at 20 [deg]C (68[emsp14][deg]F). Any filled container
which shows evidence of leakage, deformation, or excessive weight must
be rejected.
    (vii) Each outer packaging must be marked ``INSIDE CONTAINERS
COMPLY WITH PRESCRIBED REGULATIONS.''
    (b) Exceptions for foodstuffs, soap, biologicals, electronic tubes,
and audible fire alarm systems. Limited quantities of compressed gases
(except Division 2.3 gases) for which exceptions are provided as
indicated by reference to this section in Sec.  172.101 of this
subchapter, when in accordance with one of the following paragraphs,
are excepted from labeling, except when offered for transportation or
transported by aircraft, and the specification packaging requirements
of this subchapter. For transportation by aircraft, the package must
conform to the applicable requirements of Sec.  173.27 of this
subchapter and only packages of hazardous materials authorized aboard
passenger-carrying aircraft may be transported as a limited quantity.
In addition, shipments are not subject to subpart F (Placarding) of
part 172 of this subchapter, to part 174 of this subchapter, except
Sec.  174.24, and to part 177 of this subchapter, except Sec.  177.817.
Additional exceptions for certain compressed gases in limited
quantities and the ORM-D hazard class are provided in paragraph (i) of
this section.
    (1) Foodstuffs or soaps with soluble or emulsified compressed gas
are authorized in non-refillable metal or plastic containers not to
exceed 1 L (61.0 cubic inches) provided the pressure does not exceed a
pressure of 140 psig at 55 [deg]C (131[emsp14][deg]F) except as may be
authorized for variations DOT of a specification container type. For
pressure greater than 140 psig to 160 psig, a 2P1 or 2Q2 may be used.
In no case may the pressure of the contents be greater than 150 psig at
75[emsp14][deg]F. Plastic containers must only contain Division 2.2
non-flammable soluble or emulsified compressed gas. In any event, the
metal or plastic container must be capable of withstanding, without
bursting, a pressure of at least one and one-half times the equilibrium
pressure of the contents at 55 [deg]C (131[emsp14][deg]F).

------------------------------------------------------------------------
                                    Then, the gauge
 If the contents are placed in   pressure (in psig) at    Specification
            a . . .             55 [deg]C (131 [deg]F)   citation . . .
                                     must be . . .
------------------------------------------------------------------------
non-DOT specification metal or  Up to but not           ................
 plastic container.              exceeding 140.
If the contents are placed in   Then, the gauge         Specification
 a variation of a 2P or 2Q       pressure (in psig) at   citation . . .
 specification in a . . .        55 [deg]C (131
                                 [deg]F) must be . . .
2P1...........................  Greater than 140 but    Sec.   178.33c-2
                                 not exceeding 160.

2Q2...........................  Greater than 140 but    Sec.   178.33d-3
                                 not exceeding 160.
------------------------------------------------------------------------

    (i) Containers must be packed in strong outer packagings.
    (ii) Liquid content of the material and the gas must not completely
fill the container at 55 [deg]C (131[emsp14][deg]F).
    (iii) Each outer packaging must be marked ``INSIDE CONTAINERS
COMPLY WITH PRESCRIBED REGULATIONS.''
    (2) Cream in refillable metal or plastic containers with soluble or
emulsified compressed gas. Plastic containers must only contain
Division 2.2 non-flammable soluble or emulsified compressed gas.
Containers must be of such design that they will hold pressure without
permanent deformation up to 375 psig and must be equipped with a device
designed so as to release pressure without bursting of the container or
dangerous projection of its parts at higher pressures. This exception
applies to shipments offered for transportation by refrigerated motor
vehicles only.
    (3) Nonrefillable metal or plastic containers charged with a
Division 6.1 Packing Group III or nonflammable solution containing
biological products or a medical preparation which could be
deteriorated by heat, and compressed gas or gases. Plastic containers
must only contain 2.2 non-flammable soluble or emulsified compressed
gas. The capacity of each container may not exceed 35 cubic inches
(19.3 fluid ounces). The pressure in the container may not exceed 140
psig at 55 [deg]C (131[emsp14][deg]F), and the liquid content of the
product and gas must not completely fill the containers at 55 [deg]C
(131[emsp14][deg]F). One completed container out of each lot of 500 or
less, filled for shipment, must be heated, until the pressure in the
container is equivalent to equilibrium pressure of the contents at 55
[deg]C (131[emsp14][deg]F). There must be no evidence of leakage,
distortion, or other defect. The container must be packed in strong
outer packagings.
    (4) Electronic tubes, each having a volume of not more than 30
cubic inches and charged with gas to a pressure of not more than 35
psig and packed in strong outer packagings.
    (5) Audible fire alarm systems powered by a compressed gas
contained in an inside metal container when shipped under the following
conditions:
    (i) Each inside container must have contents which are not
flammable, poisonous, or corrosive as defined under this part,
    (ii) Each inside container may not have a capacity exceeding 35
cubic inches (19.3 fluid ounces),
    (iii) Each inside container may not have a pressure exceeding 70
psig at 21.1 [deg]C (70[emsp14][deg]F) and the liquid portion of the
gas may not completely fill the inside container at 55 [deg]C
(131[emsp14][deg]F), and
    (iv) Each nonrefillable inside container must be designed and
fabricated with a burst pressure of not less than four times its
charged pressure at 55 [deg]C (131[emsp14][deg]F). Each refillable
inside container must be designed and fabricated with a burst pressure
of not less than five times its charged pressure at 55 [deg]C
(131[emsp14][deg]F).
* * * * *
    (e) * * *
    (2) Used refrigerating machines. (i) Packaging. Reconditioned
(used) refrigerating machines (UN 2857, Div. 2.2) may be excepted from
the marking requirements of Sec.  172.302(c) and transported by motor
vehicle when they conform to the requirements prescribed in Sec.
173.306(e)(1), are secured or permanently attached to the motor
vehicle, and are:
    (A) Permanently affixed to a steel base structure,
    (B) Permanently affixed to a trailer, or
    (C) Manufactured with a rigid internal structure designed for
transportation and stacking conditions such that they do not leak and
do not deteriorate, distort, or become damaged in a manner that could
adversely affect their safety or reduce their strength in
transportation, cause instability in stacks of refrigerating machines,
or cause damage to these machines in a way that is likely to reduce
safety in transportation.
    (ii) Testing. Used refrigerating machines returned from their
rental locations must be transported back to an authorized original
equipment manufacturer service facility and undergo maintenance, repair
and/or replacement that renders these machines back to the same
operational level as that of new refrigerating machines, and must
undergo a leak test by a certified technician, prior to re-shipment.
* * * * *
    (f) Accumulators (Articles, pressurized pneumatic or hydraulic
containing non-flammable gas). The following applies to accumulators,
which are hydraulic accumulators containing nonliquefied, nonflammable
gas, and nonflammable liquids or pneumatic accumulators containing
nonliquefied, nonflammable gas, fabricated from materials which will
not fragment upon rupture.
    (1) Accumulators installed in motor vehicles, construction
equipment, and assembled machinery and designed and fabricated with a
burst pressure of not less than five times their charged pressure at
70[emsp14][deg]F, when shipped, are not subject to the requirements of
this subchapter.
    (2) Accumulators charged with limited quantities of compressed gas
to not more than 200 psig at 70[emsp14][deg]F are excepted from
labeling (except when offered for transportation by air) and the
specification packaging requirements of this subchapter when shipped
under the following conditions. In addition, shipments are not subject
to subpart F of part 172 of this subchapter, to part 174 of this
subchapter except Sec.  174.24 and to part 177 of this subchapter
except Sec.  177.817.
    (i) Each accumulator must be shipped as an inside packaging;
    (ii) Each accumulator may not have a gas space exceeding 2,500
cubic inches under stored pressure; and
    (iii) Each accumulator must be tested, without evidence of failure
or damage, to at least three times its charged pressure of
70[emsp14][deg]F, but not less than 120 psi before initial shipment and
before each refilling and reshipment.
    (3) Accumulators with a charging pressure exceeding 200 psig at
70[emsp14][deg]F and in compliance with the requirements stated in
paragraph (f)(2), (i), (ii), and (iii) of this section, as applicable,
are excepted from labeling (except when offered for transportation by
air) and the specification packaging requirements of this subchapter
when shipped under the following conditions:
    (i) Each accumulator must be designed and fabricated with a burst
pressure of not less than five (5) times its charged pressure at
70[emsp14][deg]F when shipped;
    (ii) For an accumulator with a gas space not to exceed 100 cubic
inches, it must be designed and fabricated with a burst pressure of not
less than five (5) times its charged pressure at 70[emsp14][deg]F. Out
of each lot not to exceed 1,000 successively produced accumulators per
day of the same type, accumulators must be tested, in lieu of the
testing of

paragraph (f)(2)(iii) of this section, as follows:
    (A) One (1) accumulator must be tested to the minimum design burst
pressure;
    (B) Two (2) accumulators, one at the beginning of production and
one at the end must be tested to at least two and a half times the
charge pressure without evidence of leakage or distortion;
    (C) If accumulators fail either test, an additional four (4) sets
of accumulators from the lot may be tested. If any additional
accumulators fail, the lot must be rejected;
    (D) Accumulators must be packaged in strong outer packaging.
    (iii) For an accumulator with a gas space not to exceed 30 cubic
inches, it must be designed and fabricated with a burst pressure of not
less than four (4) times its charged pressure at 70[emsp14][deg]F. Out
of each lot not to exceed 1,000 successively produced accumulators per
day of the same type, accumulators must be tested, in lieu of the
testing of paragraph (f)(2)(iii) of this section, as follows:
    (A) One (1) accumulator must be tested to the minimum design burst
pressure;
    (B) Two (2) accumulators, one at the beginning of production and
one at the end must be tested to at least two and a half times the
charge pressure without evidence of leakage or distortion;
    (C) If accumulators fail either test, an additional four (4) sets
of accumulators from the lot may be tested. If any additional
accumulators fail, the lot must be rejected;
    (D) Accumulators must be packaged in strong outer packaging.
    (4) Accumulators intended to function as shock absorbers, struts,
gas springs, pneumatic springs or other impact or energy-absorbing
devices are not subject to the requirements of this subchapter provided
each:
    (i) Has a gas space capacity not exceeding 1.6 L and a charge
pressure not exceeding 280 bar, where the product of the capacity
expressed in liters and charge pressure expressed in bars does not
exceed 80 (for example, 0.5 L gas space and 160 bar charge pressure);
    (ii) Has a minimum burst pressure of 4 times the charge pressure at
20 [deg]C for products not exceeding 0.5 L gas space capacity and 5
times the charge pressure for products greater than 0.5 L gas space
capacity;
    (iii) Design type has been subjected to a fire test demonstrating
that the article relieves its pressure by means of a fire degradable
seal or other pressure relief device, such that the article will not
fragment and that the article does not rocket; and
    (iv) Accumulators must be manufactured under a written quality
assurance program which monitors parameters controlling burst strength,
burst mode and performance in a fire situation as specified in
paragraphs (f)(4)(i) through (f)(4)(iii) of this section. A copy of the
quality assurance program must be maintained at each facility at which
the accumulators are manufactured.
    (5) Accumulators not conforming to the provisions of paragraphs
(f)(1) through (f)(4) of this section, may only be transported subject
to the approval of the Associate Administrator.
* * * * *
    (k) Aerosols for recycling or disposal. Aerosols (as defined in
Sec.  171.8 of the subchapter) intended to be recycled or for disposal
may be transported only under the following conditions:
    (1) Used aerosols conforming to paragraph (a)(3), (a)(5), (b)(1),
(b)(2), or (b)(3) of this section are not subject to the 30 kg (66
pounds) gross weight limitation when transported by motor vehicle for
purposes of recycling or disposal under the following conditions:
    (i) The strong outer packaging and its contents must not exceed a
gross weight of 500 kg (1,100 pounds);
    (ii) Each aerosol must be secured with a cap to protect the valve
stem or the valve stem must be removed; and
    (iii) The packaging must be offered for transportation or
transported by--
    (A) Private or contract motor carrier; or
    (B) Common carrier in a motor vehicle under exclusive use for such
service.
    (2) Aerosols intended to conform to (a)(3) or (a)(5) at the time of
filling but that are leaking or have been improperly filled may be
transported for disposal under the conditions provided below. These
aerosols are not eligible for the exceptions provided in paragraphs (a)
and (i) of this section except for subpart F (Placarding) of part 172
of this subchapter.
    (i) Packaging. (A) The aerosols must be packaged in a metal or
plastic removable head salvage drum that is a UN 1A2, 1B2, 1N2 or 1H2
drum tested and marked for at least the Packing Group II performance
level for liquids;
    (B) Each drum shall be provided, when necessary, with sufficient
cushioning and absorption material to prevent excessive shifting of the
aerosols and to eliminate the presence of any free liquid at the time
the drum is closed. All cushioning and absorbent material used in the
drum must be compatible with the hazardous material; and
    (C) The pressure inside each completed drum, at any time during
transportation, may not exceed the design test pressure marked on the
drum.
    (ii) Hazard communication. (A) Instead of the marking requirements
for non-bulk packages in Sec.  172.301 of this subchapter, each drum
must be marked with either ``AEROSOL SALVAGE'' or ``AEROSOL SALVAGE
DRUM'' in association with the required label(s); and
    (B) The overpack marking requirements of Sec.  173.25 of this
subchapter do not apply.
    (3) Modal restrictions. The completed drums must be offered for
transportation or transported by private or contract carrier going by
highway or rail. Vessel or air transportation is not authorized.
* * * * *
    (m) For additional exceptions, see Sec.  173.307 of this part.
    33. In Sec.  173.315, paragraph (a)(2) table, the entry ``Division
2.2 materials not specifically provided for in this table'' is revised,
and a new Note 28 is added. The revision and addition read as follows:

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

    (a) * * *
    (1) * * *
    (2) * * *

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

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

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

* * * * *
    Note 28: For UN1080, Sulfur hexafluoride, a non-specification cargo
tank that otherwise conforms to a DOT Specification MC 331 cargo tank
except for design pressure and capacity is authorized. Design pressure
may not exceed 600 psig. The water capacity range for each tank is 15
to 500 gallons.
* * * * *
0
34. In Sec.  173.319, revise paragraph (d)(2) table to read as follows:

Sec.  173.319  Cryogenic liquids in tank cars.

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

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

* * * * *
0
35. In Sec.  173.322, add paragraph (f) to read as follows:

Sec.  173.322  Ethyl chloride.

* * * * *
    (f) Exceptions. Ethyl chloride may be transported by motor vehicle,
railcar, or cargo vessel as a limited quantity under the following
conditions:
    (1) Packaging. A specification DOT-2P or a DOT-2Q non-refillable
inner receptacle with a maximum capacity of not more than four (4)
fluid ounces, inside an outer packaging tested and certified to the PG
I level.
    (2) Marking. Each outer packaging must be plainly and durably
marked ``NOT AUTHORIZED FOR TRANSPORTATION BY PASSENGER OR CARGO
AIRCRAFT''.
* * * * *

PART 174--CARRIAGE BY RAIL

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

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
37. In Sec.  174.67, revise paragraph (g) to read as follows:

Sec.  174.67  Tank car unloading.

* * * * *
    (g) The valve cap, or the reducer when a large outlet is to be
used, must be removed with a suitable wrench after the set screws are
loosened and a pail must be placed in position to catch any liquid that
may be in the outlet chamber. If the valve cap or reducer does not
unscrew easily, it may be tapped lightly with a mallet or wooden block
in an upward direction. If leakage shows upon starting the removal, the
cap or reducer may not be entirely unscrewed. Sufficient threads must
be left engaged and sufficient time allowed to permit controlled escape
of any accumulation of liquid in the outlet chamber. If the leakage
stops or the rate of leakage diminishes materially, the cap or reducer
may be entirely removed. If the initial rate of leakage continues,
further efforts must be made to seat the outlet valve (see paragraph
(f) of this section). If this fails, the cap or reducer must be screwed
up tight and the tank must be unloaded through the dome. If upon
removal of the outlet cap the outlet chamber is found to be blocked
with frozen liquid or any other matter, the cap must be replaced
immediately and a careful examination must be made to determine whether
the outlet casting has been cracked. If the obstruction is not frozen
liquid, the car must be unloaded through the dome. If the obstruction
is frozen liquid and no crack has been found in the outlet casting, the
car may, if circumstances require it, be unloaded from the bottom by
removing the cap and attaching unloading connections immediately.
Before opening the valve inside the tank car with a frozen liquid
blockage:
    (1) Steam must be applied to the outside of the outlet casting or
wrap casting with burlap or other rags and apply hot water to the
wrapped casting to melt the frozen liquid; or
    (2) For combustible liquid or Class 3 liquid petroleum distillate
fuels the blockage may be cleared by attaching a fitting to the outlet
line and applying nitrogen at a pressure of 50 to 100 psi.
* * * * *

PART 176--CARRIAGE BY VESSEL

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

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

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

Sec.  176.90  Private Automobiles.

    (a) Class 1 (explosive) material. A private automobile which is
carrying any Class 1 (explosive) material (except permitted fireworks
or small arms ammunition) may not be transported on a passenger-
carrying ferry vessel unless the Class 1 (explosive) material is in
compliance with packaging, labeling, marking, and certification
requirements of this subchapter. Permitted fireworks and small arms
ammunition may be carried without the required packaging, labeling,
marking, or certification if they are in tight containers.
    (b) Engines, gasoline, or liquefied petroleum gas. Engines,
internal combustion, flammable gas powered or flammable liquid powered,
including when fitted in machinery or vehicles (i.e. motor vehicles,
recreational vehicles, campers, trailers), vehicle flammable liquid or