Hazardous materials transportation: Harmonization with UN Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation; technical instructions,

 
CONTENT

[Federal Register: December 29, 2006 (Volume 71, Number 250)]

[Rules and Regulations]

[Page 78595-78635]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr29de06-16]

[[Page 78595]]

Part IV

Department of Transportation

Pipeline and Hazardous Materials Safety Administration

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

Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Final Rule

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, 176, 178 and 180

[Docket No. PHMSA-06-25476 (HM-215I)]

RIN 2137-AE16

Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Oganization's Technical Instructions

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

ACTION: Final rule.

SUMMARY: This final rule revises the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. These revisions will harmonize the Hazardous Materials Regulations with certain recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods.

DATES: Effective date: January 1, 2007.

Voluntary Compliance Date: PHMSA is authorizing voluntary compliance beginning January 1, 2007.

Delayed Compliance Date: Unless otherwise specified, mandatory compliance with the amendments adopted in this final rule is required beginning January 1, 2008.

Incorporation by Reference Date: The incorporation by reference of the publications adopted in Sec. 171.7 of this final rule has been approved by the Director of the Federal Register as of January 1, 2007.

FOR FURTHER INFORMATION CONTACT: Charles Betts, Office of Hazardous Materials Standards, telephone (202) 366-8553, or Shane Kelley, International Standards, telephone (202) 366-0656, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Contents

  1. Background II. Overview

    1. Amendments Adopted in this Final Rule

    2. International Standards Not Being Adopted in this Final Rule III. Section-By-Section IV. Regulatory Analyses and Notices

    3. Statutory/Legal Authority for this Rulemaking

    4. Executive Order 12866 and DOT Regulatory Policies and Procedures

    5. Executive Order 13132

    6. Executive Order 13175

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

    8. Paperwork Reduction Act

    9. Regulatory Identifier Number (RIN)

    10. Unfunded Mandates Reform Act

  2. Environmental Assessment

    1. Privacy Act

  3. Background

    By notice of proposed rulemaking (NPRM) published August 31, 2006, the Pipeline and Hazardous Materials Safety Administration (PHMSA, we) published proposed revisions to the hazard communication, classification, and packaging requirements of the Hazardous Materials Regulations (HMR), 49 CFR parts 171-180, to align with updates and revisions to the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), the International Maritime Dangerous Goods (IMDG) Code and the International Civil Aviation Organization (ICAO) Technical Instructions for the Transport of Dangerous Goods by Air. The UN Recommendations are amended and updated biennially by the UN Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labeling of Chemicals and serve as the basis for national, regional, and international modal regulations, including the IMDG Code, and the ICAO Technical Instructions.

    The harmonization of domestic and international standards becomes increasingly important as the volume of hazardous materials transported in international commerce grows. Harmonization facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials to and from the United States. By facilitating compliance, harmonization also tends to enhance safety for international movements, but only if the international standards themselves provide an appropriate level of safety. To that end, PHMSA actively participates in the development of international standards for the transportation of hazardous materials, frequently advocating the adoption in international standards of particular HMR requirements. When considering the adoption of international standards under the HMR, we review and consider each amendment on its own merit. Each amendment is considered on the basis of its overall impact on transportation safety and the economic implications associated with its adoption into the HMR. Our goal is to harmonize without diminishing the level of safety currently provided by the HMR and without imposing undue burdens on the regulated public.

    To maintain alignment of the HMR with international requirements, in this final rule, we are incorporating changes into the HMR based on the Fourteenth revised edition of the UN Recommendations and UN Manual of Tests and Criteria, Amendment 33 to the IMDG Code, and the 2007-2008 ICAO Technical Instructions, which become effective January 1, 2007. We are also addressing petitions for rulemaking concerning harmonization with international standards and additional measures to facilitate international transportation.

    The comment period for the proposed rule closed on October 16, 2006. PHMSA received 28 comments in response to the proposed rulemaking. The following individuals, companies and organizations submitted comments:

    (1) Georgia Department of Public Safety (GPS; PHMSA-06-25476-4); (2) North American Transportation Consultants (NATC; PHMSA-06-25476-7); (3) Lawrence Laude (Laude; PHMSA-06-25476-8); (4) United Parcel Service (UPS; PHMSA-06-25476-9); (5) Christopher L. Botteri (Botteri; PHMSA-06-25476-10); (6) Dennis Eisenhofer (Eisenhofer; PHMSA-06-25476-11); (7) HMT Associates (HMT; PHMSA-06-25476-12); (8) Phillip Adamo (Adamo; PHMSA-06-25476-13); (9) Institute of Makers of Explosives (IME; PHMSA-06-25476-14); (10) J & S Warehouse (J&S; PHMSA-06-25476-17); (11) Rising Star Transportation (RST; PHMSA-06-25476-18); (12) National Tank Truck Carriers (NTTC; PHMSA-06-25476-19); (13) Air Products and Chemicals (AP&C; PHMSA-06-25476-20); (14) All Chemical Transport and Leasing (AllChem; PHMSA-06-25476-21);

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    (15) International Sanitary Supply Association (ISSA; PHMSA-06-25476- 22); (16) American Trucking Association (ATA; PHMSA-06-25476-23); (17) The Chlorine Institute (CI; PHMSA-06-25476-24); (18) International Vessel Operators Hazardous Materials Association, Inc. (VOHMA; PHMSA-06-25476-25); (19) Arkema (Arkema; PHMSA-06-25476-26); (20) Unidentified commenter (UC1; PHMSA-06-25476-28); (21) Laboratory Corporation of America Holdings (LabCorp; PHMSA-06- 25476-29); (22) Unidentified commenter (UC2; PHMSA-06-25476-30); (23) National Association of Chemical Distributors (NACD; PHMSA-06- 25476-31); (24) National Paint & Coating Association (NPCA; PHMSA-06-25476-33); (25) Dangerous Goods Advisory Council (DGAC; PHMSA-06-25476-34); (26) Degussa Corporation (Degussa; PHMSA-06-25476-35); (27) Federal Express (FedEx; PHMSA-06-25476-36): and (28) Association of HazMat Shippers, Inc. (AHS; PHMSA-06-25476-37).

    Commenters were supportive of PHMSA's efforts to harmonize the HMR with international standards. Many of the proposals in the NPRM are fully supported by commenters, while others received little or no comment; these amendments are adopted as proposed. Several comments were beyond the scope of this rulemaking and are not addressed in this final rule.

    In the NPRM, we requested comments on whether certain amendments should be tied to a sunset provision. We received six comments (GPS, IME, NTTC, AP&C, ATA, and NPCA) opposing the idea of a sunset provision. We agree with the commenters that for an international harmonization rulemaking, sunsetting some or all of the regulatory provisions is not appropriate. Therefore, we are not adopting a sunset provision for the amendments in this final rule. Other comments are discussed in the Section-by-Section Review.

  4. Overview

    1. Amendments Adopted in This Final Rule

      In this final rule, we are adopting the following amendments to the HMR:

      Adoption of a single shipping paper description sequence (identification number, proper shipping name, hazard class or division, packing group).

      Requirement to indicate the net quantity of hazardous material per package on the shipping paper if transportation is by aircraft.

      Incorporation by reference of the updated ICAO Technical Instructions, IMDG Code, and UN Recommendations.

      Amendments to the Hazardous Materials Table (HMT) to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, passenger and cargo aircraft maximum quantity limitations and vessels stowage provisions.

      Revision of the ORGANIC PEROXIDE label and placard.

      Revision of the classification criteria for PG III flammable liquids.

      Revision of the classification criteria and packing group assignments for Division 6.1 materials.

      Requirements for the transportation of fuel cells containing flammable liquid.

      Adoption of a one-packet limit for matches carried by airline passengers or crew members.

    2. International Standards Not Being Adopted in This Final Rule

      This final rule makes changes to the HMR based on amendments to the Fourteenth revised edition of the UN Recommendations, Amendment 33 to the IMDG Code, and the 2007-2008 ICAO Technical Instructions, which become effective January 1, 2007. However, we are not adopting all of the amendments to those documents into the HMR. In many cases, amendments to the international regulations have not been adopted because the framework or structure of the HMR makes adoption unnecessary. In other cases, we have handled, or will be handling, the amendments in separate rulemaking proceedings. For example, we addressed requirements related to the transportation of infectious substances in a final rule published June 2, 2006, under Docket HM-226A (71 FR 32244). Similarly, we adopted amendments relating to the use of UN cylinders and pressure vessels in a final rule published June 12, 2006, under Docket HM-220E (71 FR 33858).

      One of the goals of this rulemaking is to continue to maintain consistency between the HMR and the international requirements. We are not striving to make the HMR identical to the international regulations but rather to remove or avoid potential barriers to international transportation.

      Below is a listing of significant amendments to the international regulations that we are not adopting in this final rule with a brief explanation of why the amendment was not included:

      Environmentally hazardous substances. The UN Recommendations include new defining criteria for environmentally hazardous substances. The UN criteria have not yet been adopted by ICAO and IMO. We will consider these changes in a separate rulemaking proceeding.

      Hazardous materials security. Like the HMR, the UN Recommendations require carriers, consignors and others engaged in the transport of ``high consequence'' dangerous goods to adopt, implement and comply with a security plan that addresses the transportation risks associated with these materials. A major difference between the HMR and the UN Recommendations is the quantity of hazardous material that triggers the requirement for a security plan. On September 21, 2006, PHMSA published an advance notice of proposed rulemaking (71 FR 55156) to consider revisions to the list of hazardous materials that triggers security plan requirements under the HMR. We will consider whether the HMR list should be harmonized with the UN Recommendations list as part of this initiative.

      Requirements for radioactive materials. We are not adopting provisions pertaining to the transportation of Class 7 (radioactive) materials. Amendments to requirements pertaining to the transportation of Class 7 materials are based on changes contained in the International Atomic Energy Agency (IAEA) publication, ``IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Materials.'' Due to their complexity, these changes will be addressed in a separate rulemaking.

      Default classification system for fireworks. We are not adopting these provisions of the UN Recommendations because we do not believe the UN classification system provides an equivalent level of safety to the current HMR requirements. Under the HMR, fireworks must be classed and approved by the Associate Administrator for Hazardous Materials Safety; the approvals are based on American Pyrotechnic Association Standard 87-1.

      Fuel cells. We are not adopting provisions for the carriage of fuel cell cartridges in the passenger cabin of a passenger aircraft that were adopted by ICAO. Also, we are not adopting the packaging provisions for the transport of ``Hydrogen in a metal hydride storage system,'' (UN3468), as adopted by ICAO. Currently, the HMR allow

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      transportation of these storage systems by motor vehicle and rail under the terms of a special permit and by motor vehicle, rail, cargo vessel and cargo aircraft with approval of the Associate Administrator. These issues will be considered in a separate rulemaking proceeding.

      Marking of Limited Quantity shipments. The ICAO Technical Instructions include a marking requirement for packages containing a limited quantity of hazardous material. The mark consists of the identification number of the material placed within a square-on-point border. The marking is anticipated to become effective January 1, 2009. Except for transportation by aircraft, this marking is currently authorized under the HMR as an alternative to marking the proper shipping name on the package; we are allowing continued use of this marking to minimize transportation costs and provide flexibility.

  5. Section-by-Section Review

    Part 171

    Section 171.7

    Section 171.7 lists the standards incorporated by reference into the HMR. We are updating the incorporation by reference materials for the ICAO Technical Instructions, the IMDG Code, the UN Recommendations and the UN Manual of Tests and Criteria. The updated editions of these standards become effective January 1, 2007. We did not receive comments opposing these incorporations by reference; therefore the standards are updated as follows:

    The ICAO Technical Instructions, 2007-2008 Edition.

    The IMDG Code, Amendment 33-06.

    The UN Recommendations, Fourteenth revised edition.

    The UN Manual of Tests and Criteria, Fourth revised edition (2003), and Addendum 2 (2004).

    Section 171.14

    This section lists specific transition periods for certain provisions adopted into the HMR. Comments pertaining to transition periods are discussed below.

    Paragraph (b) lists transitional provisions related to revised placarding requirements. In this final rule, we are removing paragraph (b) because the transition period has expired.

    Paragraph (d) of this section specifies transitional provisions for previously adopted amendments intended to harmonize the HMR with international standards. We are revising this paragraph to provide specific transitional provisions for certain amendments in this final rule. The effective date of this final rule is January 1, 2007, and the mandatory compliance date is January 1, 2008. We are permitting voluntary compliance as of January 1, 2007, to correspond with the effective implementation dates of the 2007-2008 ICAO Technical Instructions and Amendment 33-06 of the IMDG Code. This authorization allows shippers to prepare their international shipments in accordance with international standards that will become effective on January 1, 2007.

    Paragraph (e) of this section contains an outdated transitional provision. In this final rule, we are replacing the outdated transitional provision with a new paragraph (e) that permits use for domestic shipments of the shipping description sequences in effect on December 31, 2006, until January 1, 2013. See the Sec. 172.202 preamble discussion for a complete explanation of the shipping description sequence issue.

    Paragraph (f) of this section contains an outdated transitional provision. We are revising paragraph (f) by removing the current provision and adding a transitional provision to allow continued display of Division 5.2 labels and placards conforming to the specifications in effect on December 31, 2006, until January 1, 2014 for transportation by highway and until January 1, 2011 for transportation by rail, vessel or aircraft. See the Sec. Sec. 172.407, 172.427 and 172.552 preamble discussions for a complete explanation of this issue.

    In new paragraph (g), we are allowing continued use of the Class 3 and Division 6.1 classification criteria and packing group assignments in effect on December 31, 2006, until January 1, 2012. See Sec. Sec. 173.120 and 174.133 preamble discussions for a complete explanation of this issue.

    Part 172

    Section 172.101

    Section 172.101 contains the Hazardous Materials Table (HMT) and explanations for each of the columns in the HMT. Paragraph (d) of this section addresses column 3 of the HMT containing the hazard class or division for each specific material listed in the HMT. Paragraph (d)(4) addresses entries classed as combustible liquids. In the NPRM, we proposed to revise paragraph (d)(4) to revise the lower limit for classing a material as a combustible liquid from 60.5 [deg]C (141

    [deg] F) to 60 [deg]C (140 [deg]F). This is consistent with recent changes to the classification of flammable liquids based on the adoption of the GHS within the UN Recommendations. We did not receive comments opposing this proposal; therefore, it is adopted in this final rule. The Sec. 172.101 Hazardous Materials Table (HMT)

    In this final rule, we are making various amendments to the Sec. 172.101 Hazardous Materials Table (HMT). Readers should review all changes for a complete understanding of the Table amendments. For purposes of the Government Printing Office's typesetting procedures, changes to the HMT appear under three sections of the Table, ``remove,'' ``add'' and ``revise.'' Certain entries in the HMT, such as those with revisions to the proper shipping names, will appear as a ``remove'' and ``add.'' We did not receive comments opposing the changes to the HMT proposed in the NPRM. Therefore, in this final rule we are adopting the following amendments to the HMT for the purpose of harmonizing with international standards:

    1. We are correcting Column (7) Special provisions of the HMT by removing Special Provision 101 which requires the name of the particular substance or article to be specified. With the introduction of the letter ``G'' for these materials in Column (1), requiring the n.o.s. and generic proper shipping names to be supplemented with the technical name of the hazardous material, Special Provision 101 becomes obsolete and duplicative. The affected entries are as follows:

      UN0349 Articles, explosive, n.o.s. UN0350 Articles, explosive, n.o.s. UN0351 Articles, explosive, n.o.s. UN0352 Articles, explosive, n.o.s. UN0353 Articles, explosive, n.o.s. UN0354 Articles, explosive, n.o.s. UN0355 Articles, explosive, n.o.s. UN0356 Articles, explosive, n.o.s. UN0462 Articles, explosive, n.o.s. UN0463 Articles, explosive, n.o.s. UN0464 Articles, explosive, n.o.s. UN0465 Articles, explosive, n.o.s. UN0466 Articles, explosive, n.o.s. UN0467 Articles, explosive, n.o.s. UN0468 Articles, explosive, n.o.s. UN0469 Articles, explosive, n.o.s. UN0470 Articles, explosive, n.o.s. UN0471 Articles, explosive, n.o.s. UN0472 Articles, explosive, n.o.s. UN0382 Components, explosive train, n.o.s. UN0383 Components, explosive train, n.o.s. UN0384 Components, explosive train, n.o.s. UN0461 Components, explosive train, n.o.s. UN0357 Substances, explosive, n.o.s. UN0358 Substances, explosive, n.o.s. UN0359 Substances, explosive, n.o.s. UN0473 Substances, explosive, n.o.s. UN0474 Substances, explosive, n.o.s. UN0475 Substances, explosive, n.o.s. UN0476 Substances, explosive, n.o.s. UN0477 Substances, explosive, n.o.s.

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      UN0478 Substances, explosive, n.o.s. UN0479 Substances, explosive, n.o.s. UN0480 Substances, explosive, n.o.s. UN0481 Substances, explosive, n.o.s. UN0485 Substances, explosive, n.o.s. UN0482 Substances, explosive, very insensitive, n.o.s. or Substances, EVI, n.o.s.

    2. Amendment 32 of the IMDG Code added a new segregation group for alkalis. For consistency with international regulations and in response to a petition from Horizon Lines (P-1470), we are revising the Vessel stowage provisions in Column (10B) by adding Segregation Code ``52'' (Stow ``Separated from'' acids) to certain entries. The affected entries are as follows:

      UN2733 Amines, flammable, corrosive, n.o.s. or Polyamines, flammable, corrosive, n.o.s. UN2671 Aminopyridines (o-; m-; p-) UN1005 Ammonia, anhydrous UN3318 Ammonia solution, relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia UN2672 Ammonia solutions, relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia UN2073 Ammonia solutions, relative density less than 0.880 at 15 degrees C in water, with more than 35 percent but not more than 50 percent ammonia UN3028 Batteries, dry, containing potassium hydroxide solid, electric, storage UN2795 Batteries, wet, filled with alkali, electric storage UN2797 Battery fluid, alkali UN2682 Caesium hydroxide UN2681 Caesium hydroxide solution UN1719 Caustic alkali liquids, n.o.s. UN1160 Dimethylamine solution UN2379 1, 3-Dimethylbutylamine UN2382 Dimethylhydrazine, symmetrical UN1163 Dimethylhydrazine, unsymmetrical UN3253 Disodium trioxosilicate UN2491 Ethanolamine or Ethanolamine solutions UN2270 Ethylamine, aqueous solution with not less than 50 percent but not more than 70 percent ethylamine UN1604 Ethylenediamine UN2386 1-Ethylpiperidine UN2029 Hydrazine, anhydrous UN3293 Hydrazine, aqueous solution, with not more than 37 percent hydrazine, by mass UN2030 Hydrazine, aqueous solution, with more than 37 percent hydrazine, by mass UN2680 Lithium hydroxide UN2679 Lithium hydroxide, solution UN1235 Methylamine, aqueous solution UN1244 Methylhydrazine UN2399 1-Methylpiperidine UN1813 Potassium hydroxide, solid UN1814 Potassium hydroxide, solution UN2033 Potassium monoxide UN1922 Pyrrolidine UN2678 Rubidium hydroxide UN2677 Rubidium hydroxide solution UN1907 Soda lime with more than 4 percent sodium hydroxide UN1819 Sodium aluminate, solution UN2318 Sodium hydrosulfide, with less than 25 percent water of crystallization UN1823 Sodium hydroxide, solid UN1824 Sodium hydroxide solution UN1825 Sodium monoxide UN1849 Sodium sulfide, hydrated with not less than 30 percent water UN2320 Tetraethylenepentamine UN3073 Vinylpyridines, stabilized

    3. The entry ``Aerosols, non-flammable, (each not exceeding 1 L capacity),'' UN1950, is revised by adding vessel storage location code ``A'' in Column (10A). This code was inadvertently removed in a final rule published September 23, 2005 under Docket HM-189Y (70 FR 56084).

    4. The entry ``Antimony trichloride, solid,'' UN1733, PG II, is revised by adding Special Provisions T3 and TP33. Special Provision T3 specifies the applicable minimum test pressure, the minimum shell thickness, bottom opening requirements and pressure relief requirements when transporting this material in a UN portable tank. Special Provision TP33 specifies requirements applicable to the transportation of this material in IM and UN Specification portable tanks.

    5. The entry, ``Articles, explosive, extremely insensitive or Articles, EEI,'' UN0486, is revised by removing Special Provision 101 which requires the name of the particular substance or article to be specified.

    6. The entry ``Benzyl bromide,'' UN1737, PG II, is revised by removing the reference to Sec. 173.153 ``Exceptions for Division 6.1 (poisonous materials)'' in Column (8A).

    7. The entry ``Benzyl chloride,'' UN1738, PG II, is revised by removing the reference to Sec. 173.153 ``Exceptions for Division 6.1 (poisonous materials)'' in Column (8A).

      7a. The entry ``Calcium hypochlorite, hydrated or Calcium hypochlorite, hydrated mixtures,'' UN2880, PG II, is revised by removing Special Provision 166.

    8. In accordance with changes in the Fourteenth revised edition of the UN Recommendations, we are removing the following entries:

      --``Carbon dioxide and nitrous oxide mixtures,'' UN1015; --``Carbon dioxide and oxygen mixtures, compressed,'' UN1014; and --``Carbon monoxide and hydrogen mixture, compressed,'' UN2600.

    9. The entry, ``Charges, shaped, flexible, linear,'' UN0288, is revised by removing Special Provision 101, which requires the name of the particular substance or article to be specified.

    10. The entry ``Chlorosilanes, corrosive, n.o.s.,'' UN2987, PG II, is revised by removing the reference to Sec. 173.154 ``Exceptions for Class 8 (corrosive materials)'' in Column (8A).

    11. The entry ``Chlorosilanes, flammable, corrosive, n.o.s.,'' UN2985, PG II, is revised by removing the reference to Sec. 173.150 ``Exceptions for Class 3 (flammable) and combustible liquids'' in Column (8A).

    12. The entry ``Chlorosilanes, toxic, corrosive, n.o.s.,'' UN3361, PG II, is revised by removing the reference to Sec. 173.153 ``Exceptions for Division 6.1 (poisonous materials)'' in Column (8A).

    13. The entry ``Chlorosilanes, toxic, corrosive, flammable, n.o.s.,'' UN3362, PG II, is revised by removing the reference to Sec. 173.153 ``Exceptions for Division 6.1 (poisonous materials)'' in Column (8A).

    14. The entry ``Chromium trioxide, anhydrous,'' UN1463, Column (6) is revised by adding the Division 6.1 subsidiary hazard labeling requirement.

    15. The entry ``Compressed gas, n.o.s.,'' UN1956, is revised by adding Special Provision 77. Special Provision 77 requires, for domestic transportation, a Division 5.1 subsidiary risk label when a carbon dioxide and oxygen mixture contains more than 23.5% oxygen.

    16. The entry, ``Contrivances, water-activated, with burster, expelling charge or propelling charge,'' UN0248, is revised by removing Special Provision 101, which requires the name of the particular substance or article to be specified. In addition, the letter ``G'' is added to Column (1), requiring the proper shipping name to be supplemented with the technical name of the hazardous material.

    17. The entry, ``Contrivances, water-activated, with burster, expelling charge or propelling charge,'' UN0249, is revised by removing Special Provision 101, which requires the name of the particular substance or article to be specified. In addition, the letter ``G'' is added to Column (1), requiring the proper shipping name to be supplemented with the technical name of the hazardous material.

    18. The entry ``Corrosive liquid, acidic, inorganic, n.o.s.,'' UN3264, PG II, is revised by removing Special Provision A6. Special Provision A6 specifies that for combination packagings, if plastic inner packagings are used, they must be packed in tightly closed metal receptacles before packing in outer packagings. Special Provision A6 applies only to the PG I entry of this material.

    19. The proper shipping name for the entry ``Crotonaldehyde, stabilized,''

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      UN1143, is revised to read ``Crotonaldehyde or Crotonaldehyde, stabilized'' and to add new Special Provision 175. New Special Provision 175 specifies this material is required to be stabilized when in concentrations of not more than 99%. The revision appears as a ``Remove/Add'' in this rulemaking.

    20. The proper shipping name for the entry ``Crotonic acid, liquid,'' UN2823, is corrected to read ``Crotonic acid, liquid'' and the Identification Number is revised to read ``UN3472.'' This revision appears as a ``Remove/Add'' in this rulemaking.

    21. The proper shipping name for the entry ``Crotonic acid, solid,'' UN2823, is corrected to read ``Crotonic acid, solid,'' UN2823. This correction appears as a ``Remove/Add'' in this rulemaking.

    22. In accordance with the ICAO Technical Instructions, the entry ``Dangerous Goods in Machinery or Dangerous Goods in Apparatus,'' UN3363, is revised by adding quantity limits for transportation by aircraft. The quantity limits are specified in new Special Provision A105.

    23. The entry ``Ethyltrichlorosilane,'' UN1196, PG II, is revised by removing the reference to Sec. 173.150 ``Exceptions for Class 3 (flammable) and combustible liquids'' in Column (8A).

    24. The entry ``Formic acid,'' UN1779, is revised to read ``Formic acid with more than 85% acid by mass,'' and the Class 3 subsidiary hazard is added in Column (6). This revision appears as a ``Remove/ Add'' in this rulemaking.

    25. A new entry, ``Formic acid with not less than 10% but not more than 85% acid by mass,'' UN3412, is added.

    26. A new entry, ``Formic acid with not less than 5% but less than 10% acid by mass,'' UN3412, is added.

    27. A new entry, ``Fuel cell cartridges containing flammable liquids,'' UN3473, is added.

    28. The entry ``Hydrazine aqueous solutions, with more than 37% hydrazine, by mass,'' UN2030, PG I, is revised by removing Special Provision 151. Special Provision 151 specifies that if this material meets the definition of a flammable liquid in Sec. 173.120 of the HMR, a FLAMMABLE LIQUID label is required and the basic description on the shipping paper must indicate the Class 3 subsidiary hazard. Changes to the Fourteenth revised edition of the UN Recommendations removed this requirement. Shipping paper and labeling requirements for materials with subsidiary hazards are addressed in Sec. Sec. 172.202 and 172.402, respectively.

      28a. The entry ``Hydrogen in a metal hydride storage system,'' UN3468, is revised by amending Column (9B) to authorize 100 kg gross.

    29. The entry ``Hydrogen peroxide and peroxyacetic acid mixtures, stabilized with acids, water, and not more than 5 percent peroxyacetic acid,'' UN3149, is revised by adding Special Provision IP5. When this material is transported in an IBC, Special Provision IP5 specifies the IBC must have a device to allow venting.

    30. The entry ``Hydrogen peroxide, aqueous solutions with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary),'' UN2014, is revised by adding Special Provision IP5. When this material is transported in an IBC, Special Provision IP5 specifies the IBC must have a device to allow venting.

    31. The entry ``Hydrogen peroxide, aqueous solutions with not less than 20 percent but not more than 40 percent hydrogen peroxide (stabilized as necessary),'' UN2014, is revised by adding Special Provision IP5. When this material is transported in an IBC, Special Provision IP5 specifies the IBC must have a device to allow venting.

    32. The entry ``Hydrogen peroxide, aqueous solutions with not less than 8 percent but less than 20 percent hydrogen peroxide (stabilized as necessary),'' UN2984, is revised by adding Special Provision IP5. When this material is transported in an IBC, Special Provision IP5 specifies the IBC must have a device to allow venting.

    33. The entry ``Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous solutions, stabilized with more than 60 percent hydrogen peroxide,'' UN2015, is revised by removing Special Provision T10 and adding Special Provision T9. When this material is transported in a UN portable tank, Special Provision T10 requires the UN portable tank pressure relief device to comply with the requirements specified in Sec. 178.275(g)(3) of the HMR. The addition of Special Provision T9 removes this requirement.

    34. For the entry ``Hydrogen-difluorides, n.o.s.,'' UN1740, PG II and III, the proper shipping name is revised to read ``Hydrogendifluorides, solid, n.o.s.'' This revision appears as a ``Remove/Add'' in this rulemaking.

    35. A new entry ``Hydrogendifluorides, solution, n.o.s.,'' UN3471, PG II and III, is added.

    36. The entry ``Hydroquinone, solid,'' UN2662, is removed.

    37. The entry ``Hydroquinone solution,'' UN3435, is removed.

    38. The entry ``Hypochlorite solutions,'' UN1791, PG II, is revised by adding Special Provision IP5. When this material is transported in an IBC, Special Provision IP5 specifies the IBC must have a device to allow venting.

    39. For the entry ``Lead phosphite, dibasic,'' UN2989, PG II, the quantity limitations in Columns (9A) and (9B) are revised to read 15 kg and 50 kg, respectively.

    40. For the entry ``Lead phosphite, dibasic,'' UN2989, PG III, the quantity limitations in Columns (9A) and (9B) are revised to read 25 kg and 100 kg, respectively.

    41. The entry ``Methylphenyl dichlorosilane,'' UN2437, PG II, is revised by removing the reference to Sec. 173.154 ``Exceptions for Class 8 (corrosive materials)'' in Column (8A).

    42. The entry ``Motor fuel anti-knock mixtures,'' UN1649, is corrected by removing the subsidiary hazard label requirement in Column (6).

      42a. A new entry ``Nitric acid other than red fuming, with not more than 20 percent nitric acid,'' UN2031, PG II, is added.

      42b. The entry ``Organoarsenic compound, liquid, n.o.s.,'' UN3280, PG I, II, and III, is corrected by inserting the symbol ``G'' in Column (1).

    43. The entry ``Organometallic substance, solid, pyrophoric,'' UN3391, PG I, is revised by correcting the Column (8B) Non-bulk packaging entry ``181'' to read ``187.''

    44. The entry ``Organometallic substance, solid, pyrophoric, water- reactive,'' UN3393, PG I, is revised by correcting the Column (8B) Non- bulk packaging entry ``181'' to read ``187.''

    45. A new entry, ``Paint, corrosive, flammable (including paint, lacquer, enamel, stain, shellac, varnish, polish, liquid filler and liquid lacquer base),'' UN3470, PG II, is added.

    46. A new entry ``Paint, flammable, corrosive (including paint, lacquer, enamel, stain, shellac, varnish, polish, liquid filler and liquid lacquer base),'' UN3469, PG I, II, and III, is added.

    47. The entry ``Paint including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler and liquid lacquer base,'' UN1263, is revised by adding the following Special Provisions to the PG I, II, and III entries, respectively:

      --TP27 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 4 bar (400 kPa) may be used provided the calculated test pressure is 4 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure.

      [[Page 78601]]

      --TP28 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 2.65 bar (265 kPa) may be used provided the calculated test pressure is 2.65 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure. --TP29 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 1.5 bar (150.0 kPa) may be used provided the calculated test pressure is 1.5 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure.

    48. The entry ``Paint or Paint related materials,'' UN3066, is revised by adding the following Special Provisions to the PG II and III entries, respectively:

      --TP28 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 2.65 bar (265 kPa) may be used provided the calculated test pressure is 2.65 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure. --TP29 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 1.5 bar (150.0 kPa) may be used provided the calculated test pressure is 1.5 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure.

    49. A new entry, ``Paint related material, corrosive, flammable (including paint thinning or reducing compound),'' UN3470, PG II, is added.

    50. A new entry, ``Paint related material, flammable, corrosive (including paint thinning or reducing compound),'' UN3469, PG I, II, and III is added.

    51. The entry ``Paint related material including paint thinning, drying, removing, or reducing compound,'' UN1263, is revised by adding the following Special Provisions to the PG I, II, and III entries, respectively:

      --TP27 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 4 bar (400 kPa) may be used provided the calculated test pressure is 4 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure. --TP28 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 2.65 bar (265 kPa) may be used provided the calculated test pressure is 2.65 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure. --TP29 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 1.5 bar (150.0 kPa) may be used provided the calculated test pressure is 1.5 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure.

    52. The entry ``Plastic molding compound in dough, sheet or extruded rope form evolving flammable vapor, UN3314, PG III, is revised by removing Vessel stowage location A and adding location E in Column (10A), and by removing Vessel stowage provision 85 and adding Vessel stowage provisions 19, 21, 25 and new Vessel stowage provision 144 in Column (10B).

    53. The entry ``Polymeric beads, expandable, evolving flammable vapor, UN2211, PG III, is revised by removing stowage location A and adding location E in Column (10A), and by removing Vessel stowage provision 85 and adding Vessel stowage provisions 19, 21, 25 and new Vessel stowage provision 144 in Column (10B).

    54. For the entry ``Propionic acid,'' UN1848, the proper shipping name is revised to read, ``Propionic acid with not less than 10% and less than 90% acid by mass.'' This revision appears as a ``Remove/Add'' in this rulemaking.

    55. A new entry, ``Propionic acid with not less than 90% acid by mass,'' UN3463, is added.

    56. The entry ``Rare gases mixtures, compressed,'' UN1979, is removed.

    57. The entry ``Rare gases and oxygen mixtures, compressed,'' UN1980, is removed.

    58. The entry ``Rare gases and nitrogen mixtures, compressed,'' UN1981, is removed.

    59. The proper shipping name ``Regulated medical waste,'' UN3291, is removed and a new proper shipping name ``Regulated medical waste, n.o.s. or Clinical waste unspecified, n.o.s. or (BIO) Medical waste, n.o.s.,'' UN3291, is added in its place.

    60. For the international entry for ``Sulfur,'' UN1350, the quantity limitations in Columns (9A) and (9B) are revised to read 25 kg and 100 kg, respectively.

    61. The entry ``Trimethylchloro-silane,'' UN1298, PG II, is revised by removing the reference to Sec. 173.150 ``Exceptions for Class 3 (flammable) and combustible liquids'' in Column (8A).

      Also, see Sec. 172.102 for additional HMT amendments.

      Appendix B to Sec. 172.101

      Appendix B to Sec. 172.101 lists Marine Pollutants regulated under the HMR. For the entry ``Copper chloride'' we are adding the designation ``PP'' to indicate that copper chloride is a severe marine pollutant. We are also correcting an oversight by removing the entries ``Alcohol C-13--C-15 poly (1-6) ethoxylate'' and ``1,2- Dichlorobenzene.'' Removal of the entry ``Alcohol C-13--C-15 poly (1-6) ethoxylate'' was overlooked in a final rule published December 20, 2004 under Docket HM-215G (69 FR 76044) and removal of the entry ``1,2-Dichlorobenzene'' was overlooked in a final rule published June 21, 2001 under Docket HM-215D (66 FR 33316).

      Section 172.102

      Section 172.102 lists a number of special provisions applicable to the transportation of specific hazardous materials. Special provisions contain packaging provisions, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. We did not receive comments opposing the revisions proposed in the NPRM; therefore, in this final rule for consistency with international standards, we are amending Sec. 172.102 Special provisions, as follows:

      Special Provision 15 specifies the types of materials and packaging requirements for chemical kits and first aid kits. We are revising Special Provision 15 to list examples that may be described as ``Chemical kits'' and ``First aid kits.''

      Special Provision 47 specifies requirements for mixtures of non-hazardous solids and flammable liquids. In accordance with the UN Recommendations, Special Provision 47 is revised to specify that, in addition to sealed packets, articles containing less than 10 mL of a Class 3 Packing Group

      [[Page 78602]]

      II or III liquid absorbed into a solid material are excepted from the HMR provided there is no free liquid in the packet or article.

      Special Provision 77 applies to use of the Division 5.1 subsidiary risk label. We are revising this special provision for consistency with the wording in the UN Recommendations. As a result, Special Provision 77 will no longer apply only to ``domestic transportation.'' Further, we are clarifying that a Division 5.1 label is not required for mixtures containing not more than 23.5% oxygen by volume. Also, the provision is assigned to the entry ``Compressed gas, n.o.s.,'' UN1956, which is the most appropriate description for mixtures currently described as ``Carbon dioxide and oxygen mixtures, compressed.'' In this final rule, we are removing the entry for ``Carbon dioxide and oxygen mixtures, compressed.''

      Special Provision 146 is amended to authorize the domestic classification of a material as environmentally hazardous if it is designated as such by a foreign competent authority. The provision as currently worded only allows such classification for international shipments. Due to current differences in criteria for the classification of environmentally substances world-wide, we believe the amended provision will afford additional flexibility to industry and reduce shipping costs by allowing both domestic and international shipments to be treated identically. Although generally the HMR do not authorize materials not meeting the definition of a hazardous material to be transported as regulated materials, due to the low risk posed by these materials, and the fact that the HMR already authorize domestic movement in association with international air and vessel transport, we believe this change will not result in a significant impact other than to lower costs for our stakeholders.

      Special Provision 147 applies to non-sensitized emulsions, suspensions and gels consisting primarily of a mixture of ammonium nitrate and fuel, intended to produce a Type E blasting explosive only after further processing prior to use. In accordance with the UN Recommendations, this special provision is revised to specify the composition of mixtures for suspensions and gels and to specify these substances be tested in accordance with Test Series 8 of the UN Manual of Tests and Criteria.

      Special Provision 166 authorizes non-friable, tablet form calcium hypochlorite, dry or hydrated, to be transported as a Packing Group III material. In accordance with the UN Recommendations, we are revising Special Provision 166 to remove the authorization for ``hydrated'' non-friable tablet forms of calcium hypochlorite to be transported as a PG III material.

      A new Special Provision 175 is added to require stabilization for certain substances when transported in concentrations of not more than 99%.

      Special Provision 101 is removed. This special provision required the name of the particular substance or article to be specified. With the introduction of the letter ``G'' in Column (1), which requires the n.o.s. and generic proper shipping names to be supplemented with the technical name of the hazardous material, Special Provision 101 became obsolete.

      A new Special Provision A105 is added to specify the quantity of hazardous materials allowed in equipment or apparatus.

      Section 172.202

      Shipping Description Sequence

      Section 172.202 establishes requirements for shipping descriptions on shipping papers. Currently, the basic description of a hazardous material consists of the proper shipping name, hazard class, ID number and packing group, in that order. The HMR also authorize an alternative description sequence, which lists the identification number first, followed by the proper shipping name, hazard class, and packing group. Beginning January 1, 2007, the alternative shipping description sequence will be mandatory on shipping documents prepared in accordance with the ICAO Technical Instructions and the IMDG Code. In the NPRM, we proposed to adopt the current, alternative shipping description sequence as the mandatory basic description of a hazardous material on a shipping paper. We also proposed a two-year transition period to allow offerors adequate time to convert to the new shipping description sequence.

      A total of 19 commenters addressed this proposal. Eight commenters

      [NPCA, AP&C, ATA, GPS, LabCorp, NTTC, UPS, and VHOMA] support the proposal. NPCA notes that many of its members have already implemented this change to simplify internal shipping processes.

      Eleven commenters [Adamo; AllChem; Botteri; Eisenhofer; ISSA, J&S; NACD; NATC; RST; and two unidentified commenters] oppose this proposal, suggesting that the change is not necessary, lacks an economic justification, and will have a negative impact on safety. These commenters note that, because the current regulations allow the international sequence as an alternative, the proposed change merely removes the existing sequence with no positive safety rationale. These commenters further assert that the proposed change could result in significant cost impacts to companies that utilize computer systems for the preparation of shipping documents and to track associated packaging and training requirements. According to these commenters, potential costs could include database reorganization, employee training, and related revisions to product labels that also include shipping information. Commenters suggest that costs could also result from confusion on the part of enforcement and inspection personnel that could lengthen inspections and delay shipments. These commenters are also concerned that the proposed revision could have a negative impact on safety because it could result in confusion for emergency response personnel, most of whom are volunteers and receive limited training. Commenters note that confusing emergency response information could expose emergency responders to unnecessary danger.

      PHMSA does not believe this proposal is unnecessary or will adversely impact transportation safety. A uniform system for describing and identifying hazardous materials on shipping papers, as proposed in this NPRM, will increase safety by helping to eliminate potential indecision and confusion during emergency situations. For example, when incidents occur during transportation, it is crucial to promptly identify packages of hazardous materials present in a given shipment. Emergency responders at the scene of an incident would use a standard description of hazardous materials on shipping papers to quickly determine that they have accounted for all hazardous materials in both domestically- and internationally-bound packages. In addition, following the release of a hazardous material, it is vital for emergency responders to quickly identify the hazardous materials to facilitate their emergency response decision-making. A standardized shipping description for both domestic and international shipments will aid in this process and will lead to a potential reduction in the loss of life and property.

      PHMSA analyzes potential cost impacts of proposed regulations on the regulated community. Our justification regarding this proposal in the Regulatory Evaluation is located under the Docket Management System (http://dms.dot.gov). In the Regulatory

      [[Page 78603]]

      Evaluation, we determined that this NPRM, including this specific proposal, should result in cost savings by easing the regulatory compliance burden for shippers and carriers engaged in international commerce, including trans-border shipments within North America. In addition, shippers and carriers will not need to revise shipping papers to address differing domestic and international requirements for shipping descriptions. We acknowledge the proposal to require one basic description of a hazardous material on a shipping paper will necessitate additional training and software revisions. However, to allow for the training of hazmat employees and to ease the minimal burden on entities affected by the adoption of the proposed amendments, we are authorizing an extended transition period. An extended transition period will allow businesses to incorporate this requirement into their training material for both new and current hazardous materials employees, and to upgrade system software over the course of normal computer upgrades and revisions with a minimal economic impact.

      The NPRM proposed a two-year transition period to allow shippers sufficient time to convert to the new shipping description sequence. Three commenters [NTTC, ATA, and VOHMA] suggest the proposed transition period is unnecessary and recommend a one-year transition. These commenters state that the industry is able to alter current software systems and deplete pre-printed shipping paper inventory within a relatively short time period. VOHMA asserts lengthy transition periods create confusion and increased training burdens. Six commenters [ATA; GPS; LabCorp; NTTC; UPS; VOHMA] state that the proposed transition period is too short, recommending up to six years to permit shippers to convert to the new sequence. These commenters suggest a longer transition period would allow the new shipping sequence to be incorporated into responder training programs and the next revision of the Emergency Response Guidebook (ERG). The ERG lists hazardous materials in numerical order of ID number and in alphabetical order of material name.

      We understand commenters' concerns regarding the length of the transition period for this proposal. However, it is our intention to specify a uniform method to describe a hazardous material on a shipping paper in order to promote the universal recognition of hazardous materials, while allowing sufficient time for affected parties to properly train personnel, reconfigure internal computer systems, and deplete existing stock. We do not believe a time period less than six years would allow businesses to adequately accomplish these objectives. Moreover, a six-year transition period would allow for the incorporation of this requirement into the initial and recurrent training cycle for hazardous materials employees and emergency responders.

      Therefore, for the reasons described above, in this final rule, we are adopting the requirement that the shipping description of a hazardous material be indicated on a shipping paper in the following manner: Identification (ID) number listed first, followed by the proper shipping name, hazard class, and packing group. In addition, we are authorizing a six-year transition period to implement this requirement. Quantity Limitations

      The description of a hazardous material on a shipping paper must include the total quantity of hazardous material (by mass or volume) covered by the description (see Sec. 172.202(a)(5)). The majority of quantity limitations set forth for transportation by aircraft, in Columns (9A) and (9B), are ``net'' quantities. Section 175.75 limits the quantity of hazardous materials, expressed in net mass, aboard an aircraft. To facilitate compliance with the aircraft operator's requirements, in the NPRM we proposed that, for transportation by aircraft, the total quantity per package be shown, expressed as net mass, except as otherwise specified. For example:

      UN1263, Paint, 3, PG II, 5 fiberboard boxes x 5 L each

      As proposed, different size packages containing different quantities of the same hazardous material must be clearly identified. For example:

      UN1263, Paint, 3, PG II, 5 fiberboard boxes x 5 L, 6 fiberboard boxes x 10 L

      As proposed, where the letter ``G'' follows the quantity in Column (9A) or (9B), the gross mass rather than the net quantity must be indicated.

      A commenter [DGAC] opposes the proposal to require the quantity of a hazardous materials shipment by aircraft to be expressed as a net quantity per package. The commenter questions the safety benefit of adopting the requirement and states that the costs to industry associated with the change, such as computer software upgrades, may be substantial. The commenter did not provide data to support this argument. We disagree that there is no safety benefit in expressing the quantity of hazardous material in terms of ``net quantity'' for air shipments. Quantity limitations aboard aircraft, as prescribed in Sec. 175.75, are specified in the HMR as net quantities; thus, an indication of the net quantity per package on shipping papers facilitates load planning and compliance. We do not believe the cost of indicating net quantity rather than total quantity, as previously required, is increased substantially. Therefore, in this final rule, we are adopting the amendment as proposed.

      In the NPRM, we also proposed the following additional requirements:

      --For empty uncleaned packaging, only the number and type of packaging must be shown; --For chemical kits and first aid kits, the total net mass of hazardous materials must be shown. Where a kit contains solids and/or liquids, the net mass of liquids within the kit is to be calculated on a 1 to 1 basis, i.e., 1 liter equals 1 kilogram; --For dangerous goods in machinery or apparatus, the individual total quantities of dangerous goods in solid, liquid or gaseous state, contained in the article must be shown; --For dangerous goods transported in a salvage packaging, an estimate of the quantity of dangerous goods per package must be shown; --For cylinders, the total quantity may be indicated by the number of cylinders, for example, ``10 cylinders;'' --For items where ``No Limit'' is shown in Column (9A) or (9B) of the HMT, the quantity shown should be the net mass or volume of the material, except for UN2800, UN2807, UN3072, UN3166 and UN3173, where the quantity should be the gross mass of the article.

      On the proposal to identify the total quantity of each hazardous material in machinery or apparatus, a commenter [UPS] states that the ``precision implied in this proposal is unrealistic.'' UPS suggests that, absent a precise quantity, a shipper should be permitted to estimate the quantity of hazardous material. We agree and are amending paragraph (a)(6)(iii) accordingly.

      Another commenter [Laude] requests we include net quantity provisions for Class 7 materials transported by aircraft. Similar provisions for transportation by other modes are contained in paragraph (a)(5). We agree with the commenter and are amending paragraph (a)(6) accordingly.

      The same commenter points out that in proposed paragraph (a)(6)(vi) ID numbers UN2807 and UN3173 do not exist in the HMT; (ID number UN2807 is assigned to ``magnetized material'' in the ICAO Technical Instructions). We are removing UN2807 and UN3173 in this final rule.

      [[Page 78604]]

      Section 172.312

      Section 172.312 addresses marking requirements for liquid hazardous materials in non-bulk packagings. Specifically, the packaging must be marked with orientation arrows to indicate how the package should be oriented during transportation; the arrows indicate which end of the package is ``up.'' Currently the HMR require orientation markings only on a non-bulk combination package with inner packagings that contain a liquid hazardous material, unless specifically excepted.

      We proposed to amend paragraph (a) by requiring orientation markings on single packagings fitted with vents and on open cryogenic receptacles intended for the transport of refrigerated liquefied gases. We received one comment [AP&C] supporting the proposal and, in this final rule, are adopting the amendment as proposed.

      Also, we proposed to require the size of the marking to be proportioned so that it is clearly visible in relation to the size of the package, and the color of the arrows to be either black or red on a suitable contrasting background. One commenter [AP&C] supports the proposal requiring the size of the marking to be proportionate with the size of the package. Several commenters [NATC; Botteri; Eisenhofer; Adamo; NACD; J&S; RST; AllChem; UC1; UC2] question the meaning of the phrase ``clearly visible'' and suggest we specify the size of the marking; either by requiring the marking to be at least equal to the size of the largest package marking or, at a minimum, requiring the marking to be \1/2\ inch. We agree with commenters that the phrase ``clearly visible'' is vague; however, we disagree with specifying the size of the orientation marking. The HMR currently require non-bulk packages containing liquid hazardous materials to be ``legibly marked'' with the orientation marking. Specifying the size of the orientation marking would be inconsistent with the general marking requirements (proper shipping name and identification number) for non-bulk packagings which do not specify the size of the markings. In this final rule, we are removing the phrase ``clearly visible'' and requiring the orientation marking to be commensurate with the size of the package.

      We also proposed adding a new paragraph (c)(7) to except Class 7 materials in Type A, IP-2, IP-3, Type B(U), or Type B(M) packages from the orientation marking requirement. We received no comments on this proposal and are adopting the amendment as proposed.

      Sections 172.407 and 172.427

      Section 172.407 establishes specifications for package labels. Section 172.427 establishes requirements for the ORGANIC PEROXIDE label. In accordance with the UN Recommendations, we proposed to revise the ORGANIC PEROXIDE label. The revised label would reflect the fact that organic peroxides are highly flammable and enable transport workers to readily distinguish peroxides from oxidizers. We also proposed to authorize labels meeting the specifications in effect on December 31, 2006, to continue to be displayed until January 1, 2011 (see Sec. 171.14). This would eliminate the current requirement in Sec. 172.402 for a package containing an organic peroxide to bear a FLAMMABLE LIQUID subsidiary label in addition to the ORGANIC PEROXIDE primary hazard class label.

      We received no comments opposing the proposal to revise the ORGANIC PEROXIDE label; therefore, in this final rule we are adopting the revisions as proposed.

      Section 172.552

      Section 172.552 establishes specific requirements for the ORGANIC PEROXIDE placard. In accordance with the UN Recommendations, in paragraph (b), we proposed to revise the ORGANIC PEROXIDE placard. The revised placard would reflect the fact that organic peroxides are highly flammable and enable transport workers to readily distinguish peroxides from oxidizers. We proposed to authorize placards meeting the specifications in effect on December 31, 2006, to continue to be displayed until January 1, 2011 (see Sec. 171.14).

      We received one comment [ATA] supporting the revised placard design; however, ATA disagrees with the length of the proposed transition period. The ATA requests a seven-year transition period until January 1, 2014. The ATA states that trucking companies with large fleets use dual metal flip placards on each side of the trailer. According to the ATA, trailer fleets are generally refurbished every seven years. This would allow companies to replace the ORGANIC PEROXIDE placard at the time of refurbishment. Based on this comment, in this final rule, we are authorizing ORGANIC PEROXIDE placards meeting the specifications in effect on December 31, 2006, to continue to be displayed until January 1, 2014 for transportation by highway and until January 1, 2011 for transportation by rail, vessel or aircraft.

      Part 173

      Section 173.9

      Section 173.9 sets forth requirements for transporting cargo that has been fumigated or is undergoing fumigation. Such shipments must have a FUMIGANT marking. As specified in this section, the FUMIGANT marking includes an indication of the material used for fumigation and the date and time the fumigant was applied. Currently, transport vehicles or freight containers containing fumigated cargoes are not required to show the date the fumigated transport vehicle or freight container was ventilated to remove harmful concentrations of fumigant gas. To minimize the possibility of an individual entering a fumigated transport vehicle or freight container prematurely, in the NPRM we proposed to require the FUMIGANT marking to include the date of ventilation. We also proposed to revise the specifications for the FUMIGANT marking to allow either red or black marking on a white background. No commenters opposed these proposals, therefore, we are adopting them without change in this final rule.

      Sections 173.35, 173.120, 173.121, and Appendix H to Part 173

      Section 173.35 sets forth requirements for transporting hazardous materials in intermediate bulk containers (IBCs); Sec. 173.120 establishes classification criteria for flammable liquid (Class 3) materials; Sec. 173.121 addresses packing group assignments for Class 3 materials; and Appendix H to Part 173 sets forth methods to test a material to determine its combustibility. In the NPRM, we proposed to revise all of these sections to reflect the new upper limit of 60

      [deg] C (140 [deg]F) for a PG III flammable liquid. This is consistent with recent changes to the classification of flammable liquids based on the GHS and adoption into the UN Recommendations. PHMSA also proposed to authorize a five-year transition period.

      A commenter [DGAC] appreciates the length of the proposed transition period. DGAC urges PHMSA to propose a similar transition period for the criteria in international regulations. Modifications to the international standards are outside the scope of this rulemaking. International shippers should be aware of this disparity and take appropriate action. In this final rule, we are adopting the amendment as proposed.

      [[Page 78605]]

      Section 173.115

      The HMR define a Division 2.2 non-flammable gas as any material or mixture that ``exerts in the packaging an absolute pressure of 280 kPa (40.6 psia) or greater at 20 [deg]C (68 [deg]F), * * *.'' In paragraph (b)(1), we proposed to add the phrase ``or is a cryogenic liquid,'' to clarify that a cryogenic liquid, whether or not it meets the definition of a Division 2.2 non-flammable gas, is subject to the HMR. This is consistent with the current requirements for cryogenic liquids in Sec. 173.115(g). We received no comments opposing this proposal; therefore, in this final rule, we are adopting the proposal without change.

      Currently, paragraph (k)(5) of this section requires aerosols containing Class 8, PG III materials to be assigned a Class 8 subsidiary hazard. In the NPRM, we proposed to amend paragraph (k)(5) to specify that aerosols containing Class 8, PG II or PG III materials must be assigned a Class 8 subsidiary hazard. We received no comments opposing this proposal; therefore, in this final rule, we are adopting the proposal without change.

      Section 173.124

      Section 173.124 establishes classification criteria for Division 4.1 (flammable solid), Division 4.2 (spontaneously combustible), and Division 4.3 (dangerous when wet) materials. In the NPRM, we proposed to revise Sec. 173.124 by adding a new paragraph (a)(2)(i)(D)(3) to require mixtures of oxidizing substances containing 5.0% or more combustible organic substances to be subject to the self-reactive substance classification procedure. This will ensure that oxidizing substances containing 5.0% or more of combustible organic substances are also tested for their ability to self-react and to ensure that in such instances, these substances are appropriately classed for their self-reactive hazard. We received no comments on this proposal; it is adopted without change in this final rule.

      Section 173.133

      Section 173.133 establishes criteria for assignment of packing groups to poisonous (Division 6.1) materials. We proposed to amend the toxicity criteria for consistency with the toxicity criteria adopted in the UN Recommendations on the basis of the limits established in the GHS. As a result, some materials that were not previously regulated under the HMR would now be regulated as Division 6.1, Packing Group III; some materials currently regulated as Division 6.1, Packing Group I or II are assigned to a different packing group; and some materials that were previously regulated as Division 6.1, Packing Group III would no longer be subject to regulation under the HMR. PHMSA also proposed a five-year transition period.

      The effect of these proposed changes to packing group assignments for Division 6.1 materials is summarized as follows:

      Material properties

      Current PG assignment

      New PG assignment

      Oral LD50 > 200, 300, 40, 0.2, 4, = 23 [deg]C, = 73 [deg]F, =23 [deg]C, = 73 [deg]F, 5.0 and 50 and 0.2 and 50 and 200 and 2.0 and