[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Rules and Regulations]
[Pages 82163-82179]
[FR Doc No: 2011-33358]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172, 173, 175, and 176

[Docket No. PHMSA-2009-0126 (HM-215K)]
RIN 2137-AE76

Hazardous Materials: Harmonization With the United Nations
Recommendations on the Transport of Dangerous Goods: Model Regulations,
International Maritime Dangerous Goods Code, and the International
Civil Aviation Organization Technical Instructions for the Safe
Transport of Dangerous Goods by Air

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

ACTION: Final rule.

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SUMMARY: This document responds to administrative appeals, provides
clarifications, and corrects typographical and other minor errors
adopted in an international harmonization final rule published January
19, 2011 (HM-215K; 76 FR 3308). The final rule amended the Hazardous
Materials Regulations (HMR) by revising, removing or adding proper
shipping names, the hazard class of a material, packing group
assignments, special provisions, packaging authorizations, packaging
sections, air transport quantity limitations, and vessel stowage
requirements. The amendments were necessary to align the HMR with
recent revisions to international standards for the transport of
hazardous materials by all modes.

DATES: Effective Date: January 1, 2012.
    Voluntary compliance date: PHMSA is authorizing voluntary
compliance beginning December 30, 2011.

ADDRESSES: For access to the docket to read background documents,
including those referenced in this document, or to read comments
received, go to http://www.regulations.gov at any time and insert
``PHMSA-2009-0126'' in the ``Keyword'' box, and then click ``Search.''
You may also view the docket online by visiting the Docket Management
Facility in Room W12-140, DOT Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t. Monday through Friday,
except Federal holidays.
    Anyone is able to search the electronic form for all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
U.S. Department of Transportation's (DOT) complete Privacy Act
Statement in the Federal Register published on January 17, 2008 (73 FR
3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Michael Stevens, telephone (202) 366-
8553, or Shane Kelley, telephone<PHONE_NUMBER>, Standards and
Rulemaking Division, telephone<PHONE_NUMBER>, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
1200 New Jersey Avenue SE., 2nd Floor, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background
II. Administrative Appeals Filed in Response to the HM-215K Final
Rule

    A. Use of the Square-on-Point With Identification Number Limited
Quantity Marking
    B. Fuel Cell Cartridges
    1. Fuel Cell Cartridges Transported as ORM-D by Aircraft
    2. Fuel Cell Systems and Cartridges Aboard Passenger-Carrying
Aircraft
    C. General Requirements for Transportation by Aircraft
    D. Self-Reactive Material as a Limited Quantity
III. Clarification of the HM-215K Final Rule
    A. Use of the Limited Quantity ``Y'' Marking
    B. General Requirements for Transportation by Aircraft
    C. Packaging Requirements for Metal Hydride Storage Systems
IV. Section-by-Section Review of Changes
V. Summary of Changes Related to Limited Quantity Material and ORM-D
VI. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environmental Assessment
    J. Privacy Act
    K. International Trade Analysis

I. Background

    On January 19, 2011, PHMSA published a final rule under Docket
PHMSA-2009-0126 (HM-215K; 76 FR 3308) that revised the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) to align with various
international standards. The final rule adopted amendments to the HMR
regarding hazard communication, hazard classification including packing
group assignment, packaging authorization, air transport quantity
limitations, and various other international harmonization-related
topics. The amendments were necessary to align the HMR with the latest
revisions to the International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO
Technical Instructions), the International Maritime Organization's
Dangerous Goods Code (IMDG Code), Transport Canada's Transportation of
Dangerous Goods Regulations (TDG Regulations), and the United Nations
Recommendations on the Transport of Dangerous Goods: Model Regulations
(UN Model Regulations) to facilitate to the seamless transportation of
hazardous materials internationally, to, through and from the United
States.
    In this document, PHMSA responds to administrative appeals,
provides clarifications, and corrects typographical and other minor
errors adopted in the January 19, 2011 final rule.

II. Administrative Appeals Filed in Response to the HM-215K Final Rule

    In response to the January 19, 2011 final rule, administrative
appeals were submitted by the following companies and organizations:

American Coatings Association (ACA)
Association of Hazmat Shippers, Inc. (AHS)
Dangerous Goods Advisory Council, Inc. (DGAC)
Fuel Cell and Hydrogen Energy Association (FCHEA)
Healthcare Distribution Management Association (HDMA)
International Air Transport Association (IATA)
Patton Boggs, LLP., on behalf of Lilliputian Systems, Inc. (LSI)
PPG Industries (PPG)
Sporting Arms & Ammunition Manufacturer's Institute (SAAMI)

    The administrative appeals addressed in this document are discussed
in detail below. Because some of the issues raised by appellants
require notice and public comment under the Administrative Procedure
Act (APA; 5 U.S.C. 553), they are being proposed in a separate notice
of proposed rulemaking (NPRM) under this docket number (PHMSA-2009-
0126; RIN 2137-AE83). For example, FCHEA and LSI requested that PHMSA
revise Sec.  175.10 to align with the ICAO Technical Instructions and
allow spare fuel cell cartridges containing Division 2.1 flammable gas
to be carried in checked baggage. We are also aware of recent actions
taken by the International Civil Aviation Organization's Dangerous
Goods Panel regarding certain lithium ion battery-powered mobility aids
(e.g., wheelchairs, travel scooters) offered by passengers for air
transport. Such actions could affect the outcome of the administrative
appeal submitted by IATA in response to the January 19, 2011 final rule
and, therefore, those actions will also be addressed in the separate
NPRM.
    We can, however, in some instances adopt a provision submitted in
an administrative appeal that was inadvertently omitted in the final
rule if it is clearly within the scope of changes proposed in the
notice, does not require substantive changes from the international
standard on which it is based, and imposes minimal or no cost impacts
on persons subject to the requirement. Otherwise, in order to provide
opportunity for notice and comment, the change must first be proposed
in an NPRM.

A. Use of the Square-on-Point With Identification Number Limited
Quantity Marking

    Currently, under Sec.  172.315 of the HMR and except for
transportation by aircraft, a packaging containing a limited quantity
material is not required to be marked with the proper shipping name
when marked with a square-on-point containing the UN identification
(ID) number of the limited quantity material. In the January 19, 2011
final rule, we provided a one-year transition period to authorize
continued use of this marking before the revisions to the limited
quantity markings become effective. ACA, DGAC, and PPG all state the
one-year transition period does not allow sufficient time to deplete
stock(s) of packagings pre-printed with the square-on-point mark
containing the ID number and requested an extension of three- to five-
years. Appellants request that PHMSA provide a transition period
similar to the transition period provided for the phase-out of the ORM-
D marking, depending on the mode of transportation. Appellants also
requested that any transition periods be included in Sec. Sec.  171.14
(transitional provisions) and 172.300 (marking applicability).
PHMSA Response
    We agree. Shippers should be provided the same transition period
that authorizes the continued use of the square-on-point mark
containing the UN ID number provided for ORM-D markings. In this
document, we are granting the appeals submitted by ACA, DGAC, and PPG
and revising Sec.  172.315 by extending the transition period, until
December 31, 2013 for other than air transportation. For domestic air
transportation, we are authorizing use of the square-on-point mark
containing the ID number to continue until December 31, 2012 as adopted
in the January 19, 2011 final rule. However, we are not revising
Sec. Sec.  171.14 and 172.300 to include the transition periods because
we believe it is overly duplicative.

B. Fuel Cell Cartridges Aboard Passenger-Carrying Aircraft

    In this document, we respond to two administrative appeals related
to the transportation of fuel cell cartridges. The administrative
appeals are discussed as follows:
1. Fuel Cell Cartridges Transported as ORM-D by Air
    In the January 19, 2011 final rule, we revised the limited quantity

requirements for fuel cell cartridges to allow transportation as
``Consumer commodity, ORM-D,'' except when transported by aircraft.
    FCHEA states not allowing the transportation by aircraft of fuel
cell cartridges as ORM-D-AIR is inconsistent with the ICAO Technical
Instructions and the UN Model Regulations and claims that the
difference is ``impractical'' from an international trade and
enforcement standpoint. They note there are no safety consequences when
comparing the air transportation of fuel cell cartridges shipped as
limited quantity material and those shipped as ORM-D-AIR. They also
note that fuel cell cartridges are sturdy articles that meet a range of
tests and requirements to ensure they do not pose unreasonable risks in
transportation. FCHEA requests PHMSA to allow fuel cell cartridges to
be transported as ORM-D-AIR by aircraft so that fuel cell technologies
are not placed at a disadvantage compared to other technologies
authorized to be transported by aircraft.
    PHMSA response.
    We deny FCHEA's administrative appeal that would authorize fuel
cell cartridges to be offered and transported as ``Consumer commodity,
ORM-D-AIR,'' by aircraft. When packages of articles or substances are
renamed ``Consumer commodity'' and are reclassed as ``ORM-D-AIR,'' the
identity and risk posed by the substance or article is no longer
communicated. This is one of the primary reasons the ORM-D-AIR hazard
class is being phased-out by the end of 2012. We believe the
authorization to offer fuel cell cartridges as limited quantities by
passenger-carrying and cargo-only aircraft satisfies the need for the
expedient transportation of such articles, while communicating their
risk, and imposing minimal regulatory burden.
2. Fuel Cell Systems and Cartridges Aboard Passenger-Carrying Aircraft
    FCHEA's administrative appeal indicated that in addition to the
differences in fuel cell cartridge chemistries authorized in checked
baggage, there are a number of inconsistencies and editorial issues
when comparing Sec.  175.10 and the ICAO Technical Instructions
regarding fuel cell systems and cartridges used to power portable
electronic devices authorized to be carried aboard passenger-carrying
aircraft. They note that over the last several years, revisions to the
ICAO Technical Instructions have made the regulatory language clearer.
FCHEA requests that PHMSA make similar revisions to avoid any potential
confusion between requirements under the HMR and the ICAO Technical
Instructions.
    PHMSA response.
    We agree. Thus, we are granting FCHEA's administrative appeal to
editorially revise Sec.  175.10(a)(19) to be consistent with language
in 8; 1.1.2 (t) of the ICAO Technical Instructions. This clarification
does not, however, revise current HMR provisions regarding such
articles and is entirely editorial in nature.

C. General Requirements for Transportation by Aircraft

    As adopted in the January 19, 2011 final rule, the general air
packaging requirements for combination packagings prohibit Class 1
(explosive) and Class 7 (radioactive) material to be offered for
transportation as limited quantity material by aircraft. See 76 FR
3369. In their administrative appeal, DGAC and SAAMI state this is
inconsistent with other provisions in the HMR that allow the
transportation of these materials by aircraft, specifically, Sec. Sec.
173.421 through 173.425 for limited quantity radioactive material,
instruments, and articles and Sec.  173.63(b) for certain Division 1.4S
explosive articles. DGAC and SAAMI request that PHMSA revise the list
of prohibited hazardous material and articles and Table 3 in Sec.
173.27(f) to clarify that Class 1 (explosive) material conforming to
Sec.  173.63(b) and Class 7 (radioactive) material conforming to
Sec. Sec.  173.421 through 173.425, as applicable, are authorized for
transportation by aircraft. Additionally, DGAC requests UN3334
(``Aviation regulated liquid, n.o.s.'') and UN3335 (``Aviation
regulated solid, n.o.s.'') be added to the list of Class 9
(miscellaneous hazard) material as the substances are currently
authorized as limited quantity material under the Sec.  173.155
exceptions for Class 9 material and for consistency with the ICAO
Technical Instructions.
    PHMSA response.
    We agree. DGAC and SAAMI are correct, and we are therefore granting
their administrative appeals by revising Sec.  173.27(f) to reflect
current regulations that authorize the shipment of these substances and
articles by aircraft. We want to point out that although certain Class
1 and Class 7 materials are indicated as eligible for air transport in
Sec.  173.27(f), such indication is provided for informational purposes
to aid readers in indentifying the appropriate packaging and other
regulatory provisions for such materials. For example, packages of such
materials are not marked with the limited quantity ``Y'' mark
prescribed in Sec.  172.315 but rather as prescribed in Sec. Sec.
173.63 and 173.421 through 173.425, as appropriate.

D. Self-Reactive Material as a Limited Quantity

    In the UN Model Regulations, certain Division 4.1 self-reactive
materials are authorized limited quantity exceptions. Currently, the
HMR do not authorize such exceptions. AHS appealed to PHMSA to include
a limited quantity exception for the material ``Self-reactive solid,
Type F, UN3230.'' AHS notes that they filed a petition for rulemaking
in 2009 (P-1542), to which PHMSA replied by stating that the petition
merited rulemaking action and that it would be addressed in the January
19, 2011 final rule.
    PHMSA response.
    We recognize the merits of AHS's appeal and petition for
rulemaking, but are denying AHS's administrative appeal because it is
beyond the scope of this rulemaking. To accommodate the federally
mandated requirement for notice and comment during a significant
rulemaking action, the petition must be presented under a notice of
proposed rulemaking to allow for comment by all interested parties. We
regret the unintentional omission of a proposal in the NPRM for a
limited quantity exception for ``Self-reactive solid, Type F, UN3230''
and for adoption under the January 19, 2011 final rule. We fully intend
to include a proposal for this material as a broader effort to revise
the packaging requirements for all eligible self-reactive materials in
a near-term rulemaking action.

III. Clarification of the HM-215K Final Rule

A. Use of the Limited Quantity ``Y'' Marking

    In the January 19, 2011 final rule, we adopted new limited quantity
markings consistent with the ICAO Technical Instructions, IMDG Code,
and the UN Model Regulations to include a limited quantity ``Y''
marking for display on packagings prepared for air transportation. In
their administrative appeals, ACA and DGAC ask for a clearer indication
of when this new marking may be used in modes of transportation by
other than aircraft. They note PHMSA's consideration in the January 19
final rule of a comment stating that the limited quantity ``Y'' marking
should be authorized for use in all modes of transportation if
displayed on a packaging that meets all conditions and requirements for
air transportation. See 76 FR 3313. Additionally, on the

basis of their opposition to adoption of the air transport requirements
for limited quantities consistent with the ICAO Technical Instructions,
DGAC recommends that:

    The ``Y'' package mark [proposed] in Sec.  172.315 not be
required * * * [and] recommend that [PHMSA] allow permissive use of
the ``Y'' mark for all modes of transport when the package meets the
relevant requirements of the ICAO TI.

    We agreed with the DGAC recommendation that a ``Y'' marked package
in full conformance with the air transport provisions prescribed for a
limited quantity package should be authorized in all modes of
transportation and also stated we would revise Sec.  171.22
accordingly. Although we indicated our intent to revise Sec.  171.22,
which prescribes the authorization and conditions for use of
international standards, we inadvertently failed to amend the
corresponding regulatory text of the section. In its administrative
appeal, ACA also requests that PHMSA amend this section to indicate the
limited quantity ``Y'' marking is authorized for use in all modes of
transportation. Further, DGAC suggests that we revise Sec.  172.315 to
include language authorizing the use of this marking by modes other
than air.
    PHMSA response.
    We agree. Our indication in the final rule to revise Sec.  171.22
was in error as that section prescribes the authorization to use the
various international standards. Regardless, we clearly indicated in
the preamble of the final rule that the display of a ``Y'' marking on
limited quantity package that is not intended for transportation by
aircraft is authorized. Thus, because a limited quantity package
prepared for air transportation by default is authorized by all modes
of transportation, the administrative appeals requesting that PHMSA
align with the international standards are hereby granted. See the
Section-by-Section review of changes for a full discussion of the Sec.
172.315 revisions and requirements.

B. General Requirements for Transportation by Aircraft

    In the January 19, 2011 final rule, we revised the Sec.  173.27
general requirements for transportation of packagings by aircraft.
Specifically, we revised paragraph (f) by including a new Table 3 that
prescribes the requirements for authorized limited quantity material
intended for air transportation consistent with the 2011-2012 ICAO
Technical Instructions, where appropriate.
    AHS notes that PHMSA included ``Consumer commodity, ID8000'' as
authorized Class 9 material but failed to revise paragraph (f)(2)(i)(G)
for Class 9 material not authorized as limited quantity material by
aircraft. As indicated by AHS, ``Consumer commodity, ID8000'' may be
shipped as limited quantity material by aircraft, thus ``ID8000''
should be added to the list of materials excepted from the Class 9
prohibition in paragraph (f)(2)(i)(G).
    PHMSA response.
    We agree. In this final rule, we are revising Sec.
173.27(f)(2)(i)(G) to include ``ID8000'' as a material excepted from
the Class 9 prohibition. In addition, for clarification, we are
revising Table 3 to indicate that the note associated with Class 9
liquid material applies to both liquid and solid material.

C. Packaging Provisions for Metal Hydride Storage Systems

    In the January 19, 2011 final rule, we added a new section, Sec.
173.311, for packaging requirements for ``Metal hydride storage
systems, UN3468'' used for the transport of hydrogen. Prior to the
January 19, 2011 final rule, the HMR did not prescribe methods for the
construction, qualification, marking, and requalification of these
systems although we issued a number of special permits and competent
authority approvals (CAA) to allow the manufacture and use of similar
systems for the transport of hydrogen.
    In a January 24, 2011 request for clarification, Ovonic Hydrogen
Systems, LLC (OHS) expresses concern that the new Sec.  173.311
requires transportable metal hydride storage systems to meet ISO
Standard 16111:2008 (ISO 16111) which does not recognize the storage
canisters manufactured by OHS under its currently-held CAA.
Specifically, OHS manufactures storage canisters based on refillable
aluminum cylinders designed, constructed, and tested to DOT 3AL
specifications. Instead, ISO 16111 requires the use of aluminum
cylinders constructed and tested to ISO 7866 specifications. Testing
and marking requirements under ISO 7866 differ from testing and marking
requirements for DOT 3AL specifications and OHS states its storage
canisters are non-compliant as a result.
    PHMSA response.
    We disagree with OHS's assertion. The adoption of packaging
requirements for metal hydride storage systems in Sec.  173.311 does
not invalidate any active special permits or CAAs authorizing the
transportation of hydrogen in ``metal hydride storage canisters.'' When
a special permit or CAA expires and is not renewed, systems must
conform with the Sec.  173.311 requirements for metal hydride storage
systems to include the requirements of ISO 16111. Special permits
issued by the Associate Administrator authorize the transportation of
hazardous material and packaging within the United States only.
International regulatory agencies may not recognize a special permit
granted by PHMSA. However, metal hydride storage canisters designed,
constructed, and otherwise conforming to requirements authorized under
a CAA issued by PHMSA should be honored by other competent authorities
worldwide as a valid alternative to ISO 16111.

IV. Section-by-Section Review of Changes

Part 172

Section 172.101
    This section provides a hazardous materials table that identifies
listed materials as hazardous material for purposes of transportation.
    For the table entry ``Calcium hypochlorite, hydrated or Calcium
hypochlorite, hydrated mixtures, with not less than 5.5 percent but not
more than 16 percent water, UN2880,'' the PG III information was
inadvertently removed. Under a final rule published December 29, 2006
(HM-215I, 71 FR 78596), we revised the PG II information to remove
Special provision 166. However, the instruction to revise this entry
did not include the PG III information and, therefore, it was
inadvertently removed from the 49 CFR. In this document, we are
revising the entry to add the PG III information to the entry to
reflect the correct descriptions for this entry. This correction reads
as a ``remove/add.''
    For the table entry ``Tellurium compound, n.o.s., UN3284,''
effective October 1, 2010, we inadvertently added the term ``solid'' to
the proper shipping name to read ``Tellurium compound, solid, n.o.s.''
in the January 19, 2011 final rule. In this document, we are revising
the proper shipping name to remove the term ``solid.'' This correction
reads as a ``remove/add.''
Section 172.315
    This section prescribes the requirements for marking packages
containing limited quantity material. Based on administrative appeals
submitted in response to the January 19, 2011 final rule (HM-215K; 76
FR 3308), and numerous requests for clarification of the limited
quantity marking requirements, we are revising Sec.  172.315 to
authorize continued use of the limited quantity marking (i.e., square-

on-point and Identification Number) prescribed in Sec.  172.315, in
effect on October 1, 2010, for the same duration offered for continued
use of the ORM-D-AIR and ORM-D markings, December 31, 2012 and December
31, 2013, respectively. For transportation by aircraft, the hazard
class label (when applicable) and proper shipping name marking are
still required. Additionally, we are revising Sec.  172.315 to allow
marking of a limited quantity package not intended for transportation
by air with the limited quantity ``Y'' marking if the packaging is
prepared in accordance with Sec.  173.27(f) indicating it is suitable
for transportation as a limited quantity package by aircraft. A ``Y''
marked package transported by a mode other than air indicates the
package would be suitable for air transport if marked, labeled and
accompanied by a shipping paper and is otherwise packaged in accordance
with 3; 4 of the ICAO Technical Instructions as limited by subpart C of
Part 171 and Part 175 of the HMR or Sec.  173.27(f) and Part 175 of the
HMR.
    In the January 19 final rule, we erroneously adopted limited
quantity marking requirements applicable to cargo transport units (CTU)
containing packages of hazardous materials in only limited quantities.
We erred by stating the marking must be applied to only one side and
one end of the CTU when we should have required the marking on all four
exterior sides of the CTU consistent with <IP_ADDRESS> of the IMDG Code. In
this document, we are correcting that error in Sec.  172.315. Finally,
we are reorganizing the format of the language used in this section
solely for editorial clarification.
Section 173.27
    This section prescribes general requirements for the transportation
of hazardous material by aircraft. Based on appeals and requests for
clarification, in this document we are revising Sec.  173.27(f).
Specifically, we are revising paragraph (f)(2) and Table 3 in paragraph
(f) by adding materials currently authorized elsewhere in the HMR and
to provide additional clarification regarding those hazardous materials
and articles eligible for transport by aircraft under the conditions
prescribed in this paragraph. The authorized hazardous materials and
articles added and referenced are as follows: (1) Class 1 (explosive)
articles in accordance with Sec.  173.63(b); (2) Class 7 (radioactive)
material in accordance with applicable Sec. Sec.  173.421 through
173.425; and (3) ``Aviation regulated liquid, n.o.s., UN3334,''
``Aviation regulated solid, n.o.s., UN3335,'' and ``Consumer commodity,
ID8000.'' As stated earlier in this preamble, although certain Class 1
and Class 7 materials are indicated as eligible for air transport in
Sec.  173.27(f), because they do not meet guiding principles
established for limited quantities such indication is provided for
informational purposes to aid readers in identifying the appropriate
packaging and other provisions for such materials. For example,
packages of Class 7 are not marked with the limited quantity ``Y'' mark
prescribed in Sec.  172.315 but rather as prescribed in 173.421 through
173.425, as appropriate.
Section 173.124
    Section 173.124 defines a Class 4 material. For consistency with a
revision adopted in the UN Model Regulations, PHMSA amended the
definition of ``self-heating'' in Sec.  173.124(b)(2) of the HMR in the
January 19 final rule. In this document, PHMSA is correcting the
typographical error in the heading of the definition.
Section 173.151
    Section 173.151 prescribes exceptions for a Class 4 material.
Paragraph (d) prescribes exceptions for Division 4.3 solid material of
Packing Groups II and III. The HMR do not authorize limited quantity
packages of such substances to be reclassified as ORM-D or to be
renamed ``Consumer commodity.'' In the January 19, 2011 final rule,
PHMSA inadvertently revised the third sentence of paragraph (d) to
extend the additional exceptions for limited quantities and ORM in
Sec.  173.156 to Division 4.3 substances, when no such authorization
prior to this rulemaking existed nor was it considered in this
rulemaking due to the obvious risk to transportation safety. Therefore,
in this final rule, PHMSA is removing the reference to Sec.  173.156 in
the third sentence of Sec.  173.151(d).
Section 173.156
    Section 173.156 provides additional exceptions for limited quantity
and ORM packages. In the January 19, 2011 final rule, PHMSA
unintentionally amended paragraph (b)(1) by requiring the marking of
such packages in accordance with subpart D of part 172. In this final
rule, PHMSA is amending Sec.  173.156(b)(1) by removing the requirement
to mark such packages. Because paragraph (b)(2) authorizes the common
carriage of such packages, the marking requirements that existed prior
to the January 19, 2011 final rule will remain as adopted.
Section 173.306
    Section 173.306 prescribes requirements for limited quantity of
compressed gases. In this document, we are revising certain paragraphs
for clarification of requirements adopted in the final rule and to
correct minor grammatical errors.
Section 173.311
    This section specifies packaging instructions for hydrogen in metal
hydride storage systems. The January 19, 2011 final rule incorrectly
refers to ISO standards in Sec.  178.71(f) that apply to the design and
construction of UN refillable welded cylinders rather than Sec.
178.71(m) for the design and construction of UN metal hydride storage
systems. In this final rule, we are revising the section to correctly
refer to Sec.  178.71(m).

Part 175

Section 175.10
    Section 175.10 prescribes the conditions under which a passenger,
crew member, or an operator may carry hazardous materials aboard a
passenger-carrying aircraft. In response to FCHEA's administrative
appeal, in this final rule we are editorially revising the language in
Sec.  175.10(a)(19) for the carriage of fuel cell systems and fuel cell
cartridges for consistency with the ICAO Technical Instructions. These
revisions do not amend the fuel cell cartridge chemistries authorized
in checked baggage as adopted in the January 19 final rule.
Section 175.75
    Section 175.75 prescribes quantity limitations and cargo location
requirements for hazardous materials transported by aircraft. In this
document, we are revising for clarification the definition of
``Inaccessible'' in paragraph (d)(2) to mean any package that is loaded
where a crew member or other authorized person cannot access, handle
and, when size and weight permit, separate such packages from other
cargo during flight, including a freight container in an accessible
cargo compartment when packages are loaded in an inaccessible manner.
This definition is consistent with the defined term ``Accessible'' and
is revised for clarification only. Additionally, PHMSA is revising the
heading in the third column of the paragraph (f) Quantity and Loading
Table for clarity by adding the words ``per cargo compartment.'' Since
issuing the January 19 final rule, we have fielded numerous inquiries
regarding whether the limitation was now ``per

aircraft'' as opposed to ``per compartment.'' Additionally, we are
correcting the error in Note a. of the table as published in the
January 19 final rule. Notwithstanding the correction made to Note a.
of the Sec.  175.75(f) table, we want to emphasize the revisions made
in this document to Sec.  175.75 are for editorial clarification only.

Part 176

Section 176.905
    This section specifies requirements for vessel transport of motor
vehicles and equipment. In this final rule, we are revising paragraph
(j) to refer to the correct section paragraph regarding items of
equipment containing hazardous materials, specifically, Sec.
173.220(f), that are integral components of a motor vehicle, engine or
mechanical equipment.

V. Summary of Changes Regarding Limited Quantity Material and ORM-D

    In an effort to clarify the amendments to the HMR associated with
the transition from the domestic ORM-D system for transportation of
limited quantity material to the international system, we offer the
following:

Applicability of the ORM-D System

--Until December 31, 2013, shippers may continue to rename a limited
quantity hazardous material as a ``Consumer commodity, ORM-D'' (see
Sec.  171.8), as authorized in the appropriate packaging exception for
the material. Beginning January 1, 2014, limited quantity hazardous
material will no longer be authorized the ``Consumer commodity'' proper
shipping name except those eligible and prepared for shipment by
aircraft in accordance with Sec.  173.167 and using the newly adopted
identification number ``ID8000.'' Such packages are eligible for
transportation by all modes but must be marked with the limited
quantity ``Y'' mark prescribed in Sec.  172.315(b) indicating the
package is suitable for air transportation.
--Until December 31, 2013, shippers may continue to reclass limited
quantity hazardous material as ``Other Regulated Material'' otherwise
known as ORM-D. Limited quantity material reclassed as ORM-D and
transported by modes other than air may continue to be prepared and
packaged in accordance with the appropriate packaging exceptions for
the hazardous material (e.g., Sec.  173.150 for a Class 3 flammable
liquid substance), and be transported in a package displaying the ORM-D
marking. Until December 31, 2012, shippers may continue to ship ORM-D-
AIR by aircraft. Until such time, ORM-D offered for shipment by
aircraft may continue to be prepared and packaged in accordance with
the requirements of Sec.  173.27 in effect October 1, 2010, and
transported in packages displaying the ORM-D-AIR marking.
--Until December 31, 2013, shippers may continue to display the limited
quantity marking (i.e., the square-on-point and identification number)
on a package containing limited quantity material in accordance with
Sec.  172.315 in effect October 1, 2010.

Use of the New Limited Quantity Markings

--Beginning January 1, 2014, for modes of transportation other than
air, shippers of limited quantity material must display the limited
quantity marking adopted in Sec.  172.315 under the January 19, 2011
final rule (i.e., the square-on-point with top and bottom portion black
and the center white). See illustration below.
--Beginning January 1, 2013, for transportation by air, shippers of
limited quantity material must display the limited quantity ``Y''
marking adopted in Sec.  172.315 under the January 19, 2011 final rule.
See illustration below.

Clarification of Limited Quantity Marking Requirements

--A limited quantity package should not display both an ORM-D or ORM-D-
AIR marking and one of the new limited quantity markings, as this may
only serve to frustrate a shipment while in transportation. Such dual
markings are only authorized during the transition period. Once the
transition period expires (December 31, 2012 or December 31, 2013), the
ORM-D or ORM-D-AIR marking must be covered, obliterated, or otherwise
obstructed from view.
[GRAPHIC] [TIFF OMITTED] TR30DE11.003

                                                 Table of Potential Limited Quantity Packaging Scenarios
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Authorized? If       Mandatory? If                          Shipping papers    PSN and ID number
       Packaging scenario          authorized, when?   mandatory, when?   Label(s) required?       required?       marking required?         Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     ORM-D Packaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
Packaging marked ORM-D            Yes, until          No................  No................  No. Unless a        No................  A shipper may
 transported by modes other than   December 31,                                                hazardous waste,                        voluntarily mark
 air.                              2013.                                                       hazardous                               instead with the
                                                                                substance or                            new limited
                                                                                marine pollutant.                       quantity markings
                                                                                illustrated
                                                                                above. See also
                                                                                ``Limited
                                                                                Quantity
                                                                                Packaging''
                                                                                below.
Packaging marked ORM-D            No.                                                                                ..................
 transported by air.
Packaging marked ORM-D-AIR        Yes, until,         No................  No................  No. Unless a        No................  A shipper may
 transported by modes other than   December 31,                                                hazardous waste,                        voluntarily mark
 air.                              2012.                                                       hazardous                               instead with the
                                                                                substance or                            new limited
                                                                                marine pollutant.                       quantity markings
                                                                                illustrated
                                                                                above. See
                                                                                Limited Quantity
                                                                                Packaging below.
                                                                                A shipper marking
                                                                                a package with
                                                                                ORM-D-Air must
                                                                                ensure the
                                                                                packaging meets
                                                                                the requirements
                                                                                of
                                                                                Sec.   173.27
                                                                                effective October
                                                                                1, 2010 even if
                                                                                the package is
                                                                                not transported
                                                                                by air.
Packaging marked ORM-D-AIR        Yes, until,         No................  No................  Yes...............  Yes.                ..................
 transported by air.               December 31,
                                   2012.
Packaging marked ORM-D/ORM-D-AIR  For ORM-D: Yes....  ..................  ..................  ..................  ..................  The limited
 also marked with one of the new  For ORM-D-AIR: No.                                                                                quantity ``Y''
 limited quantity markings.                                                                                mark indicates
                                                                                the
                                                                                package conforms
                                                                                to Sec.
                                                                                173.27(f)
                                                                                effective January
                                                                                1, 2012. Although
                                                                                it may not be
                                                                                specifically
                                                                                prohibited, we
                                                                                recommend that
                                                                                packages not
                                                                                display both
                                                                                types of surface
                                                                                limited quantity
                                                                                markings to avoid
                                                                                confusion and
                                                                                frustration of
                                                                                shipment during
                                                                                the course of
                                                                                transportation.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                               Limited Quantity Packaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
Packaging marked with a square-   Yes, until,         No................  No................  No................  See note..........  Proper shipping
 on-point containing the ID        December 31,                                                                                name not required
  transported by modes    2013.                                                                                to be marked when
 other than air.                                                                                packaging is
                                                                                marked with a
                                                                                square-on-point
                                                                                containing the UN
                                                                                ID .
Packaging marked with a square-   Yes, until,         No................  Yes...............  Yes...............  Yes...............  Proper shipping
 on-point containing the UN ID     December 31,                                                                                name is required
  transported by air.     2012.                                                                                to be marked when
                                                                                packaging is
                                                                                marked with a
                                                                                square-on-point
                                                                                containing the UN
                                                                                ID .
Packaging marked with a surface   Yes...............  Yes, beginning      No................  No. Unless a        No. Unless a        Voluntary
 LQ marking transported by modes                       January 1, 2014.                        hazardous waste,    hazardous waste     compliance
 other than air.                                                                               hazardous           or hazardous        authorized as of
                                                                                substance or        substance.          January 1, 2011.
                                                                                marine pollutant.                       Identification
                                                                                number not
                                                                                required.
Packaging marked with a standard  No.                                                                                ..................
 LQ marking transported by air.
Packaging marked with an LQ       Yes...............  No................  No................  No. Unless a        No. Unless a        A shipper marking
 ``Y'' marking transported by                                                                  hazardous waste,    hazardous waste     a package with an
 modes other than air.                                                                         hazardous           or a hazardous      LQ ``Y'' marking
                                                                                substance or        substance.          must ensure the
                                                                                marine pollutant.                       packaging meets
                                                                                the requirements
                                                                                of Sec.
                                                                                173.27(f)
                                                                                effective January
                                                                                1, 2011 even if
                                                                                the package is
                                                                                not transported
                                                                                by air.
                                                                                Identification
                                                                                number not
                                                                                required.
Packaging marked with an LQ       Yes...............  Yes, beginning      Yes...............  Yes...............  Yes...............  Voluntary
 ``Y'' marking transported by                          January 1, 2013.                                                                compliance
 air.                                                                                authorized as of
                                                                                January 1, 2011.
Packaging marked with a square-   No.                                                                                ..................
 on-point containing the UN ID
  and also marked with
 one of the new limited quantity
 markings or any combination.
--------------------------------------------------------------------------------------------------------------------------------------------------------

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the following statutory
authorities:
    1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
This final rule responds to administrative appeals submitted in
response to final rule HM-215K (January 19, 2011; 76 FR 3308), provides
editorial clarification and corrects minor errors associated with the
final rule.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure

that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities.

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

    This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. This final rule is a non-significant
rule under the Regulatory Policies and Procedures of the Department of
Transportation [44 FR 11034]. Additionally, E.O. 13563 supplements and
reaffirms E.O. 12866, stressing that, to the extent permitted by law,
an agency rulemaking action must be based on benefits that justify its
costs, impose the least burden, consider cumulative burdens, maximize
benefits, use performance objectives, and assess available
alternatives. The revisions adopted in this final rule do not alter the
cost-benefit analysis and conclusions contained in the Regulatory
Evaluation prepared for the January 19, 2011 final rule. The Regulatory
Evaluation is available for review in the public docket for this
rulemaking.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''), and
the President's memorandum on ``Preemption'' published in the Federal
Register on May 22, 2009 (74 FR 24693). This final rule preempts State,
local and Indian tribe requirements but does not propose any regulation
that has substantial direct effects on the States, the relationship
between the national government and the States, or the distribution of
power and responsibilities among the various levels of government.
Therefore, the consultation and funding requirements of Executive Order
13132 do not apply.
    The Federal hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements for certain
subjects. The subjects are:
    (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; and
    (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.
    This final rule addresses all the covered subject items above and
preempts State, local, and Indian tribe requirements not meeting the
``substantively the same'' standard. This final rule is necessary to
incorporate revisions to the HMR based on administrative appeals
submitted in response to the January 19, 2011 final rule, effective
January 1, 2011. Federal hazardous materials transportation law
provides at section 5125(b)(2) that, if DOT issues a regulation
concerning any of the covered subjects, DOT must determine and publish
in the Federal Register the effective date of Federal preemption. The
effective date may not be earlier than the 90th day following the date
of issuance of the final rule and not later than two years after the
date of issuance. The effective date of Federal preemption is March 29,
2012.

D. Executive Order 13175

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

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. The
response to appeals and revisions contained in this final rule will
have little or no negative effect on the regulated industry. Based on
the assessment in the Regulatory Evaluation to the January 19, 2011
final rule, I hereby certify that, while this rule applies to a
substantial number of small entities, there will not be a significant
economic impact on those small entities. A detailed Regulatory
Flexibility analysis is available for review in the docket.

F. Paperwork Reduction Act

    This final rule imposes no new information collection requirements.

G. Regulatory Identifier Number (RIN)

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

H. Unfunded Mandates Reform Act

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

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA) requires
Federal agencies to consider the consequences of major Federal actions
and prepare a detailed statement on actions significantly affecting the
quality of the human environment. In the January 19, 2011 final rule,
we developed an assessment to determine the effects of these revisions
on the environment and whether a more comprehensive environmental
impact statement may be required. Our findings conclude that there are
no significant environmental impacts associated with this final rule.
Consistency in the regulations for the transportation of hazardous
materials aids in shippers' understanding of what is required and
permits shippers to more easily comply with safety regulations and
avoid the potential for environmental damage or contamination. For
interested parties, an environmental assessment was included with the
January 19, 2011 final rule available in the public docket.
Additionally, we conclude that there are no significant environmental
impacts associated with the amendments adopted in this document
regarding the administrative appeals submitted in response to the
January 19 final rule.

J. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments

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

K. International Trade Analysis

    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 final rule to ensure
that it does not exclude imports that meet this objective. Accordingly,
this rulemaking is consistent with PHMSA's obligations under the Trade
Agreement Act, as amended.

List of Subjects

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, 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 175

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

49 CFR Part 176

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

    In consideration of the foregoing, 49 CFR chapter I is amended as
follows:

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

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

    Authority:  49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.

0
2. In Sec.  172.101, The Hazardous Materials Table is amended by
removing those entries under [REMOVE] and adding entries under [ADD] to
read as follows:

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

* * * * *

                                                                                Sec.   172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 Hazardous                                                                                (8) Packaging (Sec.   173.***)               (9) Quantity limitations (see         (10) Vessel stowage
                 materials       Hazard                                                               Special     ------------------------------------------------------  Sec.  Sec.   173.27 and 175.75)  -----------------------------
  Symbols    descriptions and   class or    Identification          PG            Label codes    provisions (Sec.                                                       -----------------------------------
             proper  shipping   division         Nos.                                                 172.102)        Exceptions         Non-bulk            Bulk            Passenger        Cargo air-        Location        Other
                   names                                                                                aircraft/rail      craft only
(1)          (2).............         (3)  (4).............  (5).............  (6).............  (7).............  (8A)............  (8B)............  (8C)............  (9A)............  (9B)...........  (10A)..........        (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             [REMOVE]........

                                                                                * * * * * * *
             Calcium                  5.1  UN2880..........  II..............  5.1.............  165, IB8, IP2,    152.............  212.............  240.............  5 kg............  25 kg..........  D..............   4, 25, 48,
              hypochlorite,                                                                       IP4, IP13, W9.                                                                                52, 56, 58,
              hydrated or                                                                                69, 142.
              Calcium
              hypochlorite,
              hydrated
              mixtures, with
              not less than
              5.5 percent but
              not more than
              16 percent
              water.

                                                                                * * * * * * *
G..........  Tellurium                6.1  UN3284..........  I...............  6.1.............  IB7, IP1, T6,     None............  211.............  242.............  5 kg............  50 kg..........  B..............  ...........
              compound,                                                                           TP33.
              solid, n.o.s.
                                                             II..............  6.1.............  IB8, IP2, IP4,    153.............  212.............  242.............  25 kg...........  100 kg.........  B..............  ...........
                                                                                T3, TP33.
                                                             III.............  6.1.............  IB8, IP3, T1,     153.............  213.............  240.............  100 kg..........  200 kg.........  A..............  ...........
                                                                                TP33.

                                                                                * * * * * * *
             [ADD]

                                                                                * * * * * * *
             Calcium                  5.1  UN2880..........  II..............  5.1.............  165, IB8, IP2,    152.............  212.............  240.............  5 kg............  25 kg..........  D..............   4, 25, 48,
              hypochlorite,                                                                       IP4, IP13, W9.                                                                                52, 56, 58,
              hydrated or                                                                                69, 142.
              Calcium
              hypochlorite,
              hydrated
              mixtures, with
              not less than
              5.5 percent but
              not more than
              16 percent
              water.
                                                             III.............  5.1.............  165, 171, IB8,    152.............  213.............  240.............  25 kg...........  100 kg.........  D..............   4, 25, 48,
                                                                                IP4, IP13, W9.                                                                                52, 56, 58,
                                                                                69, 142.

                                                                                * * * * * * *
G..........  Tellurium                6.1  UN3284..........  I...............  6.1.............  IB7, IP1, T6,     None............  211.............  242.............  5 kg............  50 kg..........  B..............  ...........
              compound, n.o.s.                                                                    TP33.
                                                             II..............  6.1.............  IB8, IP2, IP4,    153.............  212.............  242.............  25 kg...........  100 kg.........  B..............  ...........
                                                                                T3, TP33.
                                                             III.............  6.1.............  IB8, IP3, T1,     153.............  213.............  240.............  100 kg..........  200 kg.........  A..............  ...........
                                                                                TP33.

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

* * * * *

0
3. Section 172.315 is revised to read as follows:

Sec.  172.315  Limited quantities.

    (a) Modes other than air transport. Except for an article or
substance of Class 7 prepared in accordance with subpart I of part 173,
a package prepared in accordance with applicable limited quantity
requirements in part 173 of this subchapter and offered for
transportation by a mode other than air must display the limited
quantity marking shown in paragraph (a)(1) of this section. A package
displaying this mark is not subject to the marking requirements of
Sec.  172.301 of this subpart unless the limited quantity package also
contains a hazardous substance or a hazardous waste. Required markings
need not be duplicated if already marked as prescribed elsewhere in
this subpart. As an alternative, a packaging may display the limited
quantity ``Y'' mark shown in paragraph (b) of this section if the
package conforms to authorized substance and article provisions and the
inner and outer package quantity limits in Sec.  173.27(f) of this
subchapter.
    (1) Marking description. The top and bottom portions of the square-
on-point and the border forming the square-on-point must be black and
the center white or of a suitable contrasting background as follows:
[GRAPHIC] [TIFF OMITTED] TR30DE11.004

    (2) The square-on-point must be durable, legible and of a size
relative to the packaging, readily visible, and must be applied on at
least one side or one end of the outer packaging. The width of the
border forming the square-on-point must be at least 2 mm and the
minimum dimension of each side must be 100 mm unless the packaging size
requires a reduced size marking that must be no less than 50 mm on each
side. When intended for transportation by vessel, a cargo transport
unit (see Sec.  176.2 of this subchapter) containing packages of
hazardous materials in only limited quantities must be marked once on
each side and once on each end of the exterior of the unit with an
identical mark which must have minimum dimensions of 250 mm on each
side.
    (b) Air transport. Except for an article or substance of Class 7
prepared in accordance with subpart I of part 173, a package prepared
in accordance with air-specific limited quantity requirements
prescribed in Sec.  173.27 of this subchapter and intended for
transportation by air must display the limited quantity mark prescribed
in paragraph (b)(1) of this section in addition to other markings
required by this subpart (e.g., ``RQ'', proper shipping name,
identification number, as appropriate). Required markings need not be
duplicated if already marked as prescribed elsewhere in this subpart.
    (1) Marking Description. The top and bottom portions of the square-
on-point and the border forming the square-on-point must be black and
the center white or of a suitable contrasting background and the symbol
``Y'' must be black and located in the center of the square-on-point
and be clearly visible as follows:

[GRAPHIC] [TIFF OMITTED] TR30DE11.005

    (2) The square-on-point must be durable, legible and of a size
relative to the package as to be readily visible. The square-on-point
must be applied on at least one side or one end of the outer packaging.
The width of the border forming the square-on-point must be at least 2
mm and the minimum dimension of each side must be 100 mm unless the
package size requires a reduced size marking that must be no less than
50 mm on each side.
    (c) Limited quantity markings prescribed in paragraphs (a) and (b)
of this section may use the packaging itself as the contrasting
background for the center portion of the marking if the color
sufficiently contrasts so that the black border, top and bottom
portions of the square-on-point, and the ``Y'' symbol, if applicable,
are clearly recognizable.
    (d) Transitional exceptions--(1) Square-on-point with
Identification Number. Except for transportation by aircraft and until
December 31, 2013, a package containing a limited quantity may continue
to be marked in accordance with the requirements of this section in
effect on October 1, 2010 (i.e., square-on-point with Identification
Number) as an alternative to the marking required by paragraph (a) of
this section. For transportation by aircraft and until December 31,
2012, a package containing a limited quantity may continue to be marked
in accordance with the requirements of this section in effect on
October 1, 2010 (i.e., square-on-point with Identification Number) as
an alternative to the marking required by paragraph (b) of this
section.
    (2) ORM-D marked packaging. Except for transportation by aircraft
and until December 31, 2013, a packaging marked in accordance with
Sec.  172.316 of this subpart is not required to be marked with the
limited quantity marking required by paragraph (a) of this section. For
transportation by aircraft and until December 31, 2012, a packaging
marked in accordance with Sec.  172.316 may not be marked with the
limited quantity ``Y'' marking required by paragraph (b) of this
section unless it also conforms to Sec.  173.27(f).

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

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

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

0
5. In Sec.  173.27, paragraph (f)(2)(i) is revised and, in paragraph
(f)(3), table 3 is revised to read as follows:

Sec.  173.27  General requirements for transportation by aircraft.

* * * * *
    (f) * * *
    (2) Limited quantities. (i) Unless otherwise specified in this
part, or in subpart C of part 171 of this subchapter, when a limited
quantity of hazardous material packaged in a combination packaging is
intended for transportation aboard an aircraft, the inner and outer
packagings must conform to the quantity limitations set forth in Table
3 of this paragraph. Substances and articles must be authorized for
transportation aboard a passenger-carrying aircraft (see Column (9A) of
the Sec.  172.101 Hazardous Materials Table of this subchapter). As
such, not all unauthorized substances or articles may be indicated in
this section. Unless otherwise excepted, packages must be marked and
labeled in accordance with this section and any additional requirements
in subparts D and E, respectively, of part 172 of this subchapter.
Materials or articles not authorized as limited quantity by aircraft
are:
    (A) Those in Packing Group I;
    (B) Class 1 (explosive) material (see Sec.  173.63(b) of this part
for exceptions provided to certain articles of Division 1.4S) and Class
7 (radioactive) material (see Sec. Sec.  173.421 through 173.425 of
this part, as applicable, for exceptions provided to certain
substances, instruments or articles of Class 7);
    (C) Divisions 2.1 (flammable gas) (except Aerosols (UN1950) and
Receptacles, small (UN2037) without subsidiary risk) and Division 2.3
(toxic gas);
    (D) Divisions 4.1 (self-reactive), 4.2 (spontaneously combustible)
(primary or subsidiary risk), and 4.3 (dangerous when wet) (liquids);
    (E) Division 5.2 (organic peroxide) (except when contained in a
Chemical or First aid kit (UN3316) or Polyester resin kit (UN3269)
(Types D, E and F non-temperature controlled only));
    (F) Class 8 (corrosive) materials UN2794, UN2795, UN2803, UN2809,
3028; and
    (G) All Class 9 (miscellaneous) materials except for UN1941,
UN1990, UN2071, UN3077, UN3082, UN3316, UN3334, UN3335, and ID8000.
* * * * *
    (3) * * *

 Table 3--Maximum Net Quantity of Each Inner and Outer Packaging for Materials Authorized for Transportation as
                                          Limited Quantity by Aircraft
----------------------------------------------------------------------------------------------------------------
                                  Maximum authorized net quantity of
                                         each inner packaging
                                --------------------------------------      Maximum
   Hazard class or  division           Glass,                            authorized net            Notes
                                   earthenware or    Metal or plastic   quantity of each
                                    fiber inner      inner packagings    outer package
                                     packagings
----------------------------------------------------------------------------------------------------------------
Class 1........................  Forbidden (See     .................  .................  See Sec.   173.63(b)
                                  note).                                                   of this part for
                                                                                exceptions provided
                                                                                to certain articles
                                                                                of Division 1.4S.
Class 2........................  .................  .................  30 kg Gross......  Authorized materials:
                                                                                Aerosols (UN1950) in
                                                                                Divisions 2.1 and
                                                                                2.2, and Receptacles,
                                                                                small (UN2037) in
                                                                                Divisions 2.1 and 2.2
                                                                                without subsidiary
                                                                                risk and Fuel cells
                                                                                cartridges (UN3478,
                                                                                UN3479), see Sec.
                                                                                173.230 of this part.
Class 3........................  PG I: Forbidden..
                                 PG II: 0.5L......  PG II: 0.5L......  PG II: 1L*.......  * Maximum net quantity
                                                                                per outer package
                                                                                with corrosive
                                                                                subsidiary risk
                                                                                (e.g., UN2924,
                                                                                UN3286) is 0.5L. For
                                                                                Class 3 base
                                                                                materials as part of
                                                                                a Polyester resin kit
                                                                                (UN3269), see Sec.
                                                                                173.165 of this part
                                                                                for additional
                                                                                requirements, as
                                                                                applicable. Inner
                                                                                packaging limit for
                                                                                UN3269 base material
                                                                                is 1.0 L. For Fuel
                                                                                cell cartridges
                                                                                containing flammable
                                                                                liquids (UN3473), see
                                                                                Sec.   173.230 of
                                                                                this part.
                                 PG III: 2.5L*....  PG III: 5.0L*....  PG III: 10L*.....  * Maximum net quantity
                                 * Corrosive        * Corrosive                            per outer package
                                  subsidiary risk    subsidiary risk                       with corrosive
                                  (e.g., UN2924)     (e.g., UN2924)                        subsidiary risk
                                  or toxic (e.g.,    or toxic (e.g.,                       (e.g., UN2924) is 1L
                                  UN1992) is 1L.     UN1992) is 1L.                        and toxic subsidiary
                                                                                risk (e.g., UN1992)
                                                                                is 2L. For Class 3
                                                                                base materials as
                                                                                part of a Polyester
                                                                                resin kit (UN3269),
                                                                                see Sec.   173.165 of
                                                                                this part for
                                                                                additional
                                                                                requirements, as
                                                                                applicable. Inner
                                                                                packaging limit for
                                                                                UN3269 base material
                                                                                is 1.0 L.
Division 4.1 (does not include   PG I: Forbidden..
 self-reactive material).
                                 PG II: 0.5 kg....  PG II: 0.5 kg....  PG II: 5 kg*.....  * Maximum net quantity
                                                                                per outer package
                                                                                with toxic subsidiary
                                                                                risk (e.g., UN3179)
                                                                                is 1 kg.
                                 PG III: 1 kg.....  PG III: 1 kg.....  PG III: 10 kg*...  * Maximum net quantity
                                                                                per outer package
                                                                                with corrosive
                                                                                subsidiary risk
                                                                                (e.g., UN3180) is 5
                                                                                kg.
Division 4.2 (Primary or         Forbidden *......  .................  25 kg (net mass)   * Until December 31,
 subsidiary).                                                           *.                 2012, Charcoal
                                                                                (NA1361), PG III, may
                                                                                be transported as a
                                                                                limited quantity and
                                                                                may be renamed
                                                                                Consumer commodity
                                                                                and reclassed ORM-D-
                                                                                AIR, if eligible.
Division 4.3 (solid material     PG I solids and
 only).                           all liquids
                                  regardless of
                                  Packing Group:
                                  Forbidden.
                                 PG II: 0.5 kg....  PG II: 0.5 kg....  PG II: 5 kg*.....  * Maximum net quantity
                                                                                per outer package
                                                                                with toxic subsidiary
                                                                                risk (e.g., UN3134)
                                                                                is 1 kg. For fuel
                                                                                cell cartridges
                                                                                containing water
                                                                                reactive substances
                                                                                (UN3476), see Sec.
                                                                                173.230 of this part.
                                 PG III: 1 kg.....  PG III: 1 kg.....  PG III: 10 kg*...  * Maximum net quantity
                                                                                per outer package
                                                                                with corrosive or
                                                                                flammable subsidiary
                                                                                risk (e.g., UN3131 or
                                                                                UN3132, respectively)
                                                                                is 5 kg.
Division 5.1 (Liquid or solid    PG I: Forbidden..
 material).
Division 5.1 (liquid material).  PG II: 0.1L......  PG II: 0.1L......  PG II: 0.5L......
                                 PG III: 0.5L.....  PG III: 0.5L.....  PG III: 1.0L.....
Division 5.1 (solid material)..  PG II: 0.5 kg....  PG II: 0.5 kg....  PG II: 2.5 kg*...  * Maximum net quantity
                                                                                per outer package
                                                                                with toxic subsidiary
                                                                                risk (e.g., UN3087)
                                                                                is 1 kg.
                                 PG III: 1.0 kg...  PG III: 1.0 kg...  PG III: 10 kg*...  * Maximum net quantity
                                                                                per outer package
                                                                                with corrosive
                                                                                subsidiary risk
                                                                                (e.g., UN3085) is 1
                                                                                kg.

Division 5.2 (liquid material).  30 mL............  30 mL............  1 kg.............  Authorized materials:
                                                                                Types D, E and F are
                                                                                authorized only as
                                                                                part of a Chemical or
                                                                                First aid kit
                                                                                (UN3316) packaged in
                                                                                accordance with Sec.
                                                                                173.161 of this part
                                                                                or a Polyester resin
                                                                                kit (UN3269) packaged
                                                                                in accordance with
                                                                                Sec.   173.165 of
                                                                                this part. See Sec.
                                                                                Sec.   173.161 and
                                                                                173.165, as
                                                                                applicable, for
                                                                                additional
                                                                                requirements.
Division 5.2 (solid material)..  100g.............  100g.............  1 kg.............  Solid activators of
                                                                                Types D, E and F are
                                                                                limited to 100 g per
                                                                                inner packaging for
                                                                                UN3316 and UN3269.
                                                                                See Sec.  Sec.
                                                                                173.161 and 173.165,
                                                                                as applicable, for
                                                                                additional
                                                                                requirements.
Division 6.1...................  PG I (Inhalation
                                  or otherwise):
                                  Forbidden.
Division 6.1 (liquid material).  PG II: 0.1L......  PG II: 0.1L......  PG II: 1.0L*.....  * Maximum net quantity
                                                                                per outer package
                                                                                with corrosive
                                                                                subsidiary risk
                                                                                (e.g., UN3289) is
                                                                                0.5L.
                                 PG III: 0.5L.....  PG III: 0.5L.....  PG III: 2.0L.....
Division 6.1 (solid material)..  PG II: 0.5 kg....  PG II: 0.5 kg....  PG II: 1.0 kg.     ......................
                                 PG III: 1.0 kg...  PG III: 1.0 kg...  PG III: 10 kg....
Class 7........................  Forbidden (See     .................  .................  See Sec.  Sec.
                                  note).                                                   173.421 through
                                                                                173.425 of this part,
                                                                                as applicable, for
                                                                                exceptions provided
                                                                                to certain
                                                                                substances,
                                                                                instruments or
                                                                                articles of Class 7.
Class 8........................  PG I: Forbidden..
Class 8 (liquid material)......  PG II: 0.1L......  PG II: 0.1L......  PG II: 0.5L......  For ``Fuel cell
                                                                                cartridges containing
                                                                                corrosive
                                                                                substances''
                                                                                (UN3477), see Sec.
                                                                                173.230 of this part.
                                 PG III: 0.5L.....  PG III: 0.5L.....  PG III: 1.0L.
Class 8 (solid material).......  PG II: 0.5 kg....  PG II: 0.5 kg....  PG II: 5.0 kg*...  * Maximum net quantity
                                                                                per outer package for
                                                                                UN2430 is 1.0 kg.
                                                                                UN2794, UN2795,
                                                                                UN2803, UN2809,
                                                                                UN3028 are not
                                                                                authorized as limited
                                                                                quantity.
                                 PG III: 1.0 kg...  PG III: 1.0 kg...  PG III: 5.0 kg...
Class 9 (liquid material)......  30 mL (UN3316);    30 mL (UN3316);    1 kg (UN3316); 30  Authorized materials:
                                  5.0L (UN1941,      5.0L (UN1941,      kg gross (all      UN1941, UN1990,
                                  UN1990, UN3082).   UN1990, UN3082).   other authorized   UN2071, UN3077,
                                                                        Class 9            UN3082, UN3334, and
                                                                        material).         UN3335. Additionally,
                                                                                Consumer commodity
                                                                                (ID8000) in
                                                                                accordance with Sec.
                                                                                173.167 of this part
                                                                                and Chemical kit or
                                                                                First aid kit
                                                                                (UN3316) in
                                                                                accordance with Sec.
                                                                                173.161 of this part
                                                                                are authorized.
Class 9 (solid material).......  100 g (UN3316);    100 g (UN3316);    1 kg (UN3316); 30
                                  5.0 kg (UN2071,    5.0 kg (UN2071,    kg gross (all
                                  UN3077).           UN3077).           other authorized
                                                                        Class 9
                                                                        material).
----------------------------------------------------------------------------------------------------------------

* * * * *

0
6. In Sec.  173.124, the paragraph (b)(2) heading is revised to read as
follows:

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

* * * * *
    (b) * * *
    (2) Self-heating material. * * *
* * * * *

0
7. In Sec.  173.151, in paragraph (d), the third sentence is revised to
read as follows:

Sec.  173.151  Exceptions for Class 4.

* * * * *
    (d) * * * A limited quantity package that conforms to the
provisions of this section is not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter, unless the
material meets the definition of a hazardous substance, hazardous
waste, marine pollutant, or is offered for transportation and
transported by aircraft or vessel. * * *
* * * * *

0
8. In Sec.  173.156, paragraph (b)(1) introductory text is revised to
read as follows:

Sec.  173.156  Exceptions for limited quantity and ORM.

* * * * *
    (b) * * *
    (1) Strong outer packagings as specified in this part, marking
requirements specified in subpart D of part 172 of this subchapter, and
the 30 kg (66 pounds) gross weight limitation are not required for
packages of limited quantity materials or, until December

31, 2013, materials classed as ORM-D when--
* * * * *

0
9. In Sec.  173.306:
0
a. In paragraph (a) introductory text, the second sentence is revised.
0
b. In paragraph (a)(1), the second sentence is revised.
0
c. In paragraph (a)(3) introductory text, the second sentence is
revised.
0
d. In paragraph (a)(5) introductory text, the second sentence is
revised.
0
e. In paragraph (b) introductory text, the third sentence is revised.
0
f. In paragraph (b) introductory text, the fifth sentence is revised.
0
g. Paragraph (h)(2)(i) is revised.
    The revisions read as follows:

Sec.  173.306  Limited quantities of compressed gases.

    (a) * * * 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. * * *
    (1) * * * Additional exceptions for certain compressed gases in
limited quantities and the ORM-D hazard class are provided in paragraph
(i) of this section.
* * * * *
    (3) * * * Additional exceptions for certain compressed gases in
limited quantities and the ORM-D hazard class are provided in paragraph
(i) of this section.
* * * * *
    (5) * * * Additional exceptions for certain compressed gases in
limited quantities and the ORM-D hazard class are provided in paragraph
(i) of this section.
* * * * *
    (b) * * * 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. * * *
Additional exceptions for certain compressed gases in limited
quantities and the ORM-D hazard class are provided in paragraph (i) of
this section.
* * * * *
    (h) * * *
    (2) Exceptions. (i) For other than transportation by aircraft,
exceptions for certain compressed gases in limited quantities and the
ORM-D hazard class are provided in paragraph (i) of this section.
* * * * *

0
10. In Sec.  173.311, the second sentence is revised to read as
follows:

Sec.  173.311  Metal hydride storage systems.

    * * * Metal hydride storage systems must be designed, constructed,
initially inspected and tested in accordance with ISO 16111 (IBR, see
Sec.  171.7 of this subchapter) as authorized under Sec.  178.71(m) of
this subchapter. * * *

PART 175--CARRIAGE BY AIRCRAFT

0
11. The authority citation for part 175 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.45 and 1.53.

0
12. In Sec.  175.10, paragraph (a)(19) is revised to read as follows:

Sec.  175.10  Exceptions for passengers, crewmembers, and air
operators.

    (a) * * *
    (19) Fuel cells used to power portable electronic devices (e.g.,
cameras, cellular phones, laptop computers and camcorders) and spare
fuel cell cartridges when transported personal use under the following
conditions:
    (i) Fuel cells and fuel cell cartridges may contain only Division
2.1 liquefied flammable gas, or hydrogen in a metal hydride, Class 3
flammable liquid (including methanol), Division 4.3 water-reactive
material, or Class 8 corrosive material;
    (ii) The quantity of fuel in any fuel cell or fuel cell cartridge
may not exceed:
    (A) 200 mL (6.76 ounces) for liquids;
    (B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic
fuel cell cartridges, or 200 mL (6.76 ounces) for liquefied gases in
metal fuel cell cartridges;
    (C) 200 g (7 ounces) for solids; or
    (D) For hydrogen in metal hydride, the fuel cell cartridges must
have a water capacity of 120 mL (4 fluid ounces) or less;
    (iii) No more than two spare fuel cell cartridges may be carried by
a passenger or crew member as follows:
    (A) Fuel cell cartridges containing Class 3 flammable liquid
(including methanol) and Class 8 corrosive material in carry-on or
checked baggage; and
    (B) Division 2.1 liquefied flammable gas or hydrogen in a metal
hydride and Division 4.3 water-reactive material in carry-on baggage
only;
    (iv) Fuel cells containing fuel are permitted in carry-on baggage
only;
    (v) Fuel cell cartridges containing hydrogen in a metal hydride
must meet the requirements in Sec.  173.230(d) of this subchapter;
    (vi) Refueling of a fuel cell aboard an aircraft is not permitted
except that the installation of a spare cartridge is allowed;
    (vii) Each fuel cell and fuel cell cartridge must conform to IEC/
PAS 62282-6-1 (IBR; see Sec.  171.7 of this subchapter) and must be
marked with a manufacturer's certification that it conforms to the
specification. In addition, each fuel cell cartridge must be marked
with the maximum quantity and type of fuel in the cartridge;
    (viii) Interaction between fuel cells and integrated batteries in a
device must conform to IEC/PAS 62282-6-1 (IBR, see Sec.  171.7 of this
subchapter). Fuel cells whose sole function is to charge a battery in
the device are not permitted; and
    (ix) Fuel cells must be of a type that will not charge batteries
when the consumer electronic device is not in use and must be durably
marked by the manufacturer with the wording: ``APPROVED FOR CARRIAGE IN
AIRCRAFT CABIN ONLY'' to indicate that the fuel cell meets this
requirement.
* * * * *

0
13. Section 175.75 is revised to read as follows:

Sec.  175.75  Quantity limitations and cargo location.

    (a) No person may carry on an aircraft a hazardous material except
as permitted by this subchapter.
    (b) Except as otherwise provided in this subchapter, no person may
carry a hazardous material in the cabin of a passenger-carrying
aircraft or on the flight deck of any aircraft, and the hazardous
material must be located in a place that is inaccessible to persons
other than crew members. Hazardous materials may be carried in a main
deck cargo compartment of a passenger aircraft provided that the
compartment is inaccessible to passengers and that it meets all
certification requirements for a Class B aircraft cargo compartment in
14 CFR 25.857(b) or for a Class C aircraft cargo compartment in 14 CFR
25.857(c). A package bearing a ``KEEP AWAY FROM HEAT'' handling marking
must be protected from direct sunshine and stored in a cool and
ventilated place, away from sources of heat.
    (c) For each package containing a hazardous material acceptable for
carriage aboard passenger-carrying aircraft, no more than 25 kg (55
pounds) net weight of hazardous material may be loaded in an
inaccessible manner. In addition to the 25 kg limitation, an additional
75 kg (165 pounds) net weight of Division 2.2 (non-flammable compressed
gas) may be loaded in an inaccessible manner. The requirements of this
paragraph do not apply to Class 9, ORM-D-AIR and Limited or Excepted
Quantity material.

    (d) For the purposes of this section--
    (1) Accessible means, on passenger-carrying or cargo-only aircraft
that each package is loaded where a crew member or other authorized
person can access, handle, and, when size and weight permit, separate
such packages from other cargo during flight, including a freight
container in an accessible cargo compartment when packages are loaded
in an accessible manner. Additionally, a package is considered
accessible when transported on a cargo-only aircraft if it is:
    (i) In a cargo compartment certified by FAA as a Class C aircraft
cargo compartment as defined in 14 CFR 25.857(c); or
    (ii) In an FAA-certified freight container that has an approved
fire or smoke detection system and fire suppression system equivalent
to that required by the certification requirements for a Class C
aircraft cargo compartment.
    (2) Inaccessible means all other configurations to include packages
loaded where a crew member or other authorized person cannot access,
handle, and, when size and weight permit, separate such packages from
other cargo during flight, including a freight container in an
accessible cargo compartment when packages are loaded in an
inaccessible manner.
    (e) For transport aboard cargo-only aircraft, the requirements of
paragraphs (c) and (d) of this section do not apply to the following
hazardous materials:
    (1) Class 3, PG III (unless the substance is also labeled
CORROSIVE), Class 6 (unless the substance is also labeled FLAMMABLE
LIQUID (PG II and III only)), Division 6.2, Class 7 (unless the
hazardous material meets the definition of another hazard class), Class
9, and those marked as ORM-D-AIR, Limited Quantity or Excepted Quantity
material.
    (2) Packages of hazardous materials transported aboard a cargo
aircraft, when other means of transportation are impracticable or not
available, in accordance with procedures approved in writing by the FAA
Regional or Field Security Office in the region where the operator is
located.
    (3) Packages of hazardous materials carried on small, single pilot,
cargo aircraft if:
    (i) No person is carried on the aircraft other than the pilot, an
FAA inspector, the shipper or consignee of the material, a
representative of the shipper or consignee so designated in writing, or
a person necessary for handling the material;
    (ii) The pilot is provided with written instructions on the
characteristics and proper handling of the materials; and
    (iii) Whenever a change of pilots occurs while the material is on
board, the new pilot is briefed under a hand-to-hand signature service
provided by the operator of the aircraft.
    (f) At a minimum, quantity limits and loading instructions in the
following quantity and loading table must be followed to maintain
acceptable quantity and loading between packages containing hazardous
materials. The quantity and loading table is as follows:

                                           Quantity and Loading Table
----------------------------------------------------------------------------------------------------------------
                                                               Quantity
                                                          Limitation: 25 kg
                                                            net weight of
                                                          hazardous material
          Applicability                  Forbidden          plus 75 kg net                 No limit
                                                          weight of Division
                                                          2.2 (non-flammable
                                                         compressed gas) per
                                                          cargo compartment
----------------------------------------------------------------------------------------------------------------
Passenger-carrying aircraft......  Cargo Aircraft Only   Inaccessible.......  Accessible.
                                    labeled packages.
Cargo-only aircraft--............  Not applicable......  Inaccessible (Note   Accessible (Note 2).
Packages authorized aboard a                              1).
 passenger-carrying aircraft.
Cargo-only aircraft--............  Inaccessible (Note    Not applicable.....  Accessible (Note 2).
Packages not authorized aboard a    1).
 passenger-carrying aircraft and
 displaying a Cargo Aircraft Only
 label.
----------------------------------------------------------------------------------------------------------------
Note 1: The following materials are not subject to this loading restriction--
a. Class 3, PG III (unless the substance is also labeled CORROSIVE).
b. Class 6 (unless the substance is also labeled FLAMMABLE LIQUID (PG II and III only)).
c. Class 7 (unless the hazardous material meets the definition of another hazard class).
d. Class 9, ORM-D-AIR and Limited Quantity or Excepted Quantity material.
Note 2: Aboard cargo-only aircraft, packages required to be loaded in a position that is considered to be
  accessible include those loaded in a Class C cargo compartment.

PART 176--CARRIAGE BY VESSEL

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

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

0
15. In Sec.  176.905, paragraph (j) is revised to read as follows:

Sec.  176.905  Stowage of motor vehicles or mechanical equipment.

* * * * *
    (j) Except as provided in Sec.  173.220(f) of this subchapter, the
provisions of this subchapter do not apply to items of equipment such
as fire extinguishers, compressed gas accumulators, airbag inflators
and the like which are installed in the vehicle or mechanical equipment
if they are necessary for the operation of the vehicle or equipment, or
for the safety of its operator or passengers.

    Issued in Washington, DC, on December 20, 2011, under authority
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator.
[FR Doc. 2011-33358 Filed 12-29-11; 8:45 am]
BILLING CODE 4910-60-P