80 FR 72914 - Hazardous Materials: Editorial Corrections and Clarifications (RRR)
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Federal Register Volume 80, Issue 225 (November 23, 2015)
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 80, Issue 225 (November 23, 2015)
| Page Range | 72914-72929 | |
| FR Document | 2015-29683 |
[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)] [Rules and Regulations] [Pages 72914-72929] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29683] [[Page 72914]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176, 177, 178 and 180 [Docket No. PHMSA-2015-0103 (HM-260)] RIN 2137-AF11 Hazardous Materials: Editorial Corrections and Clarifications (RRR) AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements. DATES: This regulation is effective December 23, 2015. FOR FURTHER INFORMATION CONTACT: Aaron Wiener, Standards and Rulemaking Division, (202) 366-8553, 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. Section-by-Section Review III. Regulatory Analyses and Notices A. Statutory/Legal Authority for the Rulemaking B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies and Procedures F. Executive Order 13563 Improving Regulation and Regulatory Review G. Paperwork Reduction Act H. Regulatory Identifier Number (RIN) I. Unfunded Mandates Reform Act J. Environmental Assessment K. Privacy Act I. Background The Pipeline and Hazardous Materials Safety Administration (PHMSA) annually reviews the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to identify typographical errors, outdated addresses or other contact information, and similar errors. In this final rule, we are correcting typographical errors, incorrect references to the Code of Federal Regulations (CFR) and international standards citations, inconsistent use of terminology, misstatements of certain regulatory requirements, and inadvertent omissions of information, and making revisions to clarify the regulations. Of the corrections and clarifications made in this final rule, a significant number originate from three recent final rules under the following dockets: PHMSA-2009- 0063 (HM-250) [79 FR 40590]; PHMSA-2009-0095 (HM-224F)] [79 FR 46012]; and PHMSA-2013-0260 (HM-215M) [80 FR 1075]. Because these amendments do not impose new requirements, notice and public comment are unnecessary. II. Section-by-Section Review The following is a section-by-section summary of the minor editorial corrections and clarifications made in this final rule. Part 171 Section 171.22 This section prescribes the authorization and conditions for use of international standards and regulations. The wording at the end of paragraph (f)(4) applicable to shipping paper retention, states ``Sec. 172.201(e) of this part'', which incorrectly assigns it to 49 CFR part 171. As Sec. 172.201(e), is not in part 171, in this final rule, the text is revised to read ``Sec. 172.201(e) of this subchapter.'' Section 171.23 Section 171.23 prescribes requirements for specific materials and packagings transported under various international standards. Paragraph (a)(4)(ii) contains a grammatical error stating the word ``drive'' instead of ``device.'' In this final rule, we are correcting this grammatical error. Additionally, the text in the middle of paragraph (a)(5), applicable to cylinders not equipped with pressure relief devices, states the cylinders must be ``tested and marked in accordance with part 178 of this subchapter and otherwise conforms to the requirements of part 173 for the gas involved'', but does not reference that part 173 belongs to subchapter C. In this final rule, we are revising (a)(5) to make this clarification. Section 171.24 Section 171.24 provides additional requirements for the use of the International Civil Aviation Organization's Technical Instructions (ICAO TI) for the Safe Transport of Dangerous Goods by Air. The text at the end of paragraph (c), applicable to transportation by highway prior to or after transportation by aircraft, states a ``motor vehicle must be placarded in accordance with subpart F of part 172'', but does not reference that part 172 belongs to Subchapter C. In this final rule, we are revising paragraph (c) to make this clarification. Part 172 Section 172.101 This section prescribes the purpose and instructions for use of the Sec. 172.102 Hazardous Materials Table (HMT). We are making a number of editorial corrections to several entries in the HMT. The editorial corrections are as follows:In a final rule published under Docket Number PHMSA-2012- 0080 (HM-244E) [77 FR 60935], the entry for ``Aminophenols (o-; m-; p- ), UN2512'' was amended to correct a publication error in Column (2). In making the correction, the text in Columns (3) through (10B) was inadvertently removed and left blank. This final rule corrects that error by reinstating the text in Columns (3) through (10B) for UN2512 as it read on prior to the HM-244E rulemaking October 5, 2012. Amendments to Column (1) Symbols For the entry ``Environmentally hazardous substances, solid, n.o.s, UN3077,'' the symbol ``G'' is added to Column (1) as it was inadvertently removed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. For the entry ``Self-heating solid, organic, n.o.s, UN3088,'' the symbol ``G'' is added to Column (1) as it was inadvertently removed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. Amendments to Column (2) Hazardous Materials Descriptions and Proper Shipping Names For the entry ``N-Aminoethyl piperazine, UN2815,'' the space between ``N-Aminoethyl'' and ``piperazine'' is removed to read ``N-Aminoethylpiperazine'' as the space was inadvertently introduced in the HM-215M final rule. [[Page 72915]] For the entry ``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, UN2073,'' the plural ``solutions'' is revised to read ``solution'' consistent with the International Maritime Dangerous Goods (IMDG) Code, the ICAO TI, the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations). For the entry ``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, UN2672,'' the plural ``solutions'' is revised to read ``solution'' as it was inadvertently changed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. For the entry ``Batteries, dry, containing potassium hydroxide solid, electric storage, UN3028,'' the phrase ``electric storage'' was inadvertently changed from italicized to non-italicized text in the HM-215M final rule. In this final rule, the italicized text is reinstated. For the entry ``Environmentally hazardous substances, solid, n.o.s, UN3077,'' the plural ``substances'' is revised to read ``substance'' as it was inadvertently changed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. For the entry ``Paint, corrosive, flammable (including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler, and liquid lacquer base), UN3470,'' the word ``solutions'' was inadvertently added to the italicized text in the HM- 215M final rule. In this final rule, the word ``solutions'' is removed. For the entry ``Printing ink, flammable or Printing ink related material (including printing ink thinning or reducing compound), flammable, UN1210,'' the first instance of the word ``flammable'' was inadvertently changed from italicized to non- italicized text in the HM-215M final rule. In this final rule, the italicized text is reinstated. For the entry ``Trinitrobenzene, wetted with not less than 30 percent water, by mass, UN1354,'' the word ``wetted'' was inadvertently changed from non-italicized to italicized text in the HM- 215M final rule. In this final rule, the non-italicized text is reinstated. Amendments to Column (5) Packing Group For the entry ``Cells, containing sodium, UN3292,'' the Packing Group in Column (5) is removed for consistency with ``Batteries, containing sodium, UN3292,'' as amended in the HM-215M final rule. In a final rule published under Docket Number PHMSA-2013- 0041 (HM-215K, HM-215L, HM-218G and HM-219) [77 FR 65453], PHMSA revised the HMT entry ``Petroleum sour crude oil, flammable, toxic, UN3494,'' that had been erroneously placed between the Packing Group II and III petroleum oil entries under NA1270. In making the correction, the Packing Group II and III entries for UN3494 were inadvertently omitted. This final rule corrects that error by reinstating the Packing Group II and III entries for UN3494. Amendments to Column (6) Label Codes For ``Organometallic substance, liquid, water-reactive, UN3398,'' the Class 3 subsidiary hazard code is removed from the Packing Group II and III entries. These subsidiary hazard codes were inadvertently added when the entries were revised in the HM-215 final rule. Amendments to Column (7) Special Provisions For the entry ``Combustible liquid, n.o.s., NA1993,'' special provision T4 is removed. Special Provisions T1 and T4 are both currently assigned to this entry; however, only one portable tank code should be listed as both cannot be used when building and constructing a portable tank. Special provision T1 is listed correctly. Special provision T4 was inadvertently added when amending the entry in a final rule published under Docket Number RSPA-2000-7702 (HM-215D) [66 FR 33316]. For the entries ``Lithium ion batteries including lithium ion polymer batteries, UN3480'' and ``Lithium metal batteries including lithium alloy batteries, UN3090,'' special provision A54 is added in Column (7). Special provision A54 was inadvertently removed when these entries were revised in the HM-215M final rule. Amendments to Column (8B) Non-Bulk Packaging Authorizations For the entry ``Self-heating solid, organic, n.o.s, UN3088, PG III,'' the packaging authorization is revised to read ``213'' as it was inadvertently changed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. Amendments to Column (9) Quantity Limitations For the entry ``Self-heating solid, organic, n.o.s, UN3088, PG III,'' the Quantity Limitation in Column (9A) is revised to read ``25 kg'' as it was inadvertently changed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. For the entry ``Self-heating solid, organic, n.o.s, UN3088, PG III,'' the Quantity Limitation in Column (9B) is revised to read ``100 kg'' as it was inadvertently changed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. For the entry ``Self-reactive solid type B, UN3222,'' the Quantity Limitation in Columns (9A) and (9B) are revised to read ``Forbidden.'' When this entry was revised in a final rule published under Docket Number PHMSA 2011-0142 (HM-219) [78 FR 14702], Columns (9A) and (9B) were inadvertently revised from ``Forbidden'' to ``(1)'' and ``(2)'' respectively. This entry was subsequently revised in a Federal Register correction document (78 FR 17874), but due to a publication error it was not transitioned into the printed or electronic versions of the CFR. In this rulemaking, PHMSA is reinstating the correct quantity limitation notation of ``Forbidden'' in Columns (9A) and (9B) for this entry. Amendments to Column (10) Vessel Stowage Requirements Two entries exist for ``Trinitrobenzene, dry or wetted with less than 30 percent water, by mass, UN0214.'' One entry indicates ``4'' in Column (10A) and the other ``04''. In this final rule both entries are removed and the correct entry with ``04'' in Column (10A) is re-added. For the PG III entry for ``Oxidizing solid, corrosive, n.o.s, UN3085,'' the Vessel Stowage in Column (10B) is corrected from ``F56'' to read ``56'' as the ``F'' was inadvertently added when the entry was revised in the HM-215M final rule. Section 172.102 Section 172.102 lists special provisions applicable to the transportation of specific hazardous materials. Special provisions contain packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. In a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033], PHMSA incorporated DOT-SP 12825 to [[Page 72916]] the entry in the HMT for ``UN2990, Life-saving appliances, self- inflating,'' by adding a new special provision 338 in Column 7. The special permit was limited only to transport by motor vehicle; however, the special provision was added without the modal limitation. Therefore, in this final rule, PHMSA is revising special provision 338 to clarify applicability to motor vehicle only. In the HM-250 final rule, the paragraphs contained in Sec. 173.421 were renumbered. The HM-215M rulemaking subsequently added special provision 369, but did not incorporate the paragraph renumbering of Sec. 173.421. In this final rule, PHMSA is revising special provision 369 to reflect the appropriate paragraphs of Sec. 173.421 along with some grammatical revisions. Section 172.202 Section 172.202 establishes requirements for shipping descriptions on shipping papers. In paragraph (d), the example for a technical name in association with the basic description is in a sequence that is no longer authorized under the HMR. In this final rule, the sequence is revised by placing the identification number at the beginning of the sequence. Section 172.203 Section 172.203 prescribes additional shipping paper requirements for ``n.o.s.'' and generic shipping descriptions. The example in paragraph (k)(1) for ``UN2924'' is missing the Class 8 subsidiary risk. In this final rule, the subsidiary risk is added to the example. Section 172.502 Section 172.502 specifies prohibited and permissive placarding requirements. In this final rule, paragraph (b)(3), applicable to use of a safety sign or safety slogan (e.g., ``Drive Safely'' or ``Drive Carefully''), is removed as the transitional provision is expired. Section 172.704 Section 172.704 specifies the requirements for hazardous materials training. In this final rule, the expired transitional provision in paragraph (e)(2), applicable to training for railway employees, is removed. Part 173 Section 173.4 This section provides requirements for shipments of small quantities by highway and rail. In the HM-250 final rule, the paragraphs contained in Sec. 173.421 were renumbered. Multiple sections referencing the previous paragraph numbering of Sec. 173.421 were not amended in the HM-250 rulemaking. In this final rule, PHMSA is revising paragraph (b) to reflect the appropriate paragraphs of Sec. 173.421. Section 173.8 This section provides exceptions for non-specification packagings used in intrastate transportation. Paragraph (a) of Sec. 173.8, authorizes transport of non-specification bulk packaging by an intrastate motor carrier until July 1, 2000. In this final rule, we are removing and reserving paragraph (a) as this transition date has expired. Section 173.25 This section provides requirements for packages utilizing overpacks. In the HM-250 final rule, paragraph (a)(4) was revised to require the ``OVERPACK'' marking for Class 7 (radioactive) material when a Type A, Type B(U), Type B(M) or industrial package is required. Paragraph (a)(4) was subsequently revised in the HM-215M final rule by specifying the minimum size requirement for the ``OVERPACK'' marking. In making the HM-215M revision the requirement added in the HM-250 final rule was inadvertently omitted. We are revising paragraph (a)(4) to include the requirements added in both the HM-250 and HM-215 final rules. Section 173.127 Section 173.127 provides a definition and criteria for the assignment of packing groups for Division 5.1 oxidizers. In the HM-215M final rule, PHMSA authorized an alternative test for assigning packing groups to Division 5.1 oxidizing solids. Due to an incorrect regulatory instruction, the paragraph (b)(2) was inadvertently removed. In this final rule, PHMSA is reinstating the paragraph (b)(2) text. Section 173.156 Section 173.156 prescribes exceptions for limited quantity and ORM material. In a final rule published under Docket Number PHMSA-2013-0041 (HM-215K, HM-215L, HM-218G and HM-219) [78 FR 65454], paragraph (b)(2)(vi) was removed which was the last paragraph in the section. As a result, the preceding paragraph (b)(2)(v) became the last paragraph in the section and presently ends with ``; and'' instead of a period. In this rule, we are replacing ``and'' at the end of paragraph (b)(2)(v) with a period and adding ``and'' to the end of paragraph (b)(2)(iv). Section 173.185 Section 173.185 sets forth packaging requirements and certain conditional exceptions for the transport of lithium batteries. The HM- 224F final rule revised this section in its entirety. This final rule makes thirteen editorial corrections and clarifications to Sec. 173.185 as follows: 1. Paragraph (b)(4)(i) is revised to clarify that the outer packaging requirement only applies to lithium cells or batteries contained in equipment when an outer packaging is used. 2. In paragraph (b)(4)(iii) applicable to spare lithium cells or batteries packed with equipment the word ``ion'' is removed to clarify that this requirement applies not only to lithium ion cells and batteries, but also to lithium metal cells and batteries. This editorial revision clarifies the intent discussed in the HM-224 final rule preamble on 79 FR 46019 (third column). 3. In paragraph (b)(5), the reference to (b)(4) is replaced with (b)(3)(iii) as (b)(4) does not contain UN performance packaging requirements. 4. Paragraph (c) is revised to clarify that the UN performance packaging requirements in both paragraphs (b)(3)(ii) and (b)(3)(iii) do not apply to any packages containing smaller lithium cells and batteries meeting the conditions of paragraph (c) including packages that contain lithium metal cells and batteries packed with, or contained in equipment. Previous to the revision in this final rule, paragraph (c) excepted smaller lithium cells and batteries from the UN performance packaging requirements in paragraphs (b)(3)(ii) and (b)(4) of this section. While the original intent was to except all smaller lithium cells and batteries from the UN performance packaging, a potential conflict was identified with regard to smaller lithium cells and batteries packed with equipment because the requirements in (b)(3)(iii)(A) and (B) indicate that such batteries must meet the Packing Group II performance requirements as specified in paragraph (b)(3)(ii). Because the requirements of (b)(3)(iii) were not specifically excepted in paragraph (c), this caused confusion leading some offerors and carriers to inquire if smaller lithium cells and batteries packed with equipment are subject to the UN performance packaging requirements. As a result, in this final rule, we are revising paragraph (c) to clarify smaller lithium cells and batteries are excepted from the entirety of UN performance packaging requirements in paragraphs (b)(3)(ii) and (b)(3)(iii) while also [[Page 72917]] removing the reference to (b)(4) because it does not contain UN performance packaging requirements. 5. In paragraph (c)(1)(v) applicable to markings for lithium metal batteries, incorrect references to paragraphs (c)(1)(ii) and (c)(1)(iii) are replaced with correct references to paragraphs (c)(1)(iii) and (c)(1)(iv). 6. Paragraph (c)(2) is revised to clarify that for lithium batteries packed with equipment, either the package containing the batteries may be individually drop tested, or the completed package containing both the batteries and equipment may be subjected to the 1.2 meter drop test. This is consistent with intent of the HM-224F final rule to align the provisions of the HMR with the provisions prescribed in Packing Instruction(s) 966 and 969 of the 2013-2014 edition of the ICAO TI. 7. Paragraph (c)(3) is revised to eliminate redundant requirements for air transportation by moving marking requirements from paragraph (c)(4)(i) to paragraph (c)(3). This revision clarifies that all four of the documentation requirements in (c)(3)(ii)(A)-(D) [now (c)(3)(iii)(A)-(D)] are applicable to air shipments. This revision also clarifies that for air transport both the markings prescribed in (c)(3)(i)(A)-(D) and the air handling mark are not required. Paragraph (c)(3)(i) is revised to clarify that the marking requirements prescribed in (c)(3)(i)(A)-(D) are applicable for transport by highway, rail, and vessel and may be alternatively satisfied by use of the air handling mark. In addition, by consolidating the small battery hazard communication requirements in paragraph (c)(3), it is clarified that the handling marking is not required for a package containing button cell batteries installed in equipment (including circuit boards), or no more than four lithium cells or two lithium batteries installed in the equipment. Although this particular exception is unchanged in paragraph (c)(3), there was some confusion on the part of shippers and carriers as to whether the exception was also intended to apply to air shipments as there was previously no clear exception from the requirement in paragraph (c)(4) to apply the air handling mark for batteries installed in equipment. 8. As required by the previous paragraph (c)(4)(i)(C) [now (c)(3)(ii)(C)], the asterisk on the air handling mark must be replaced with the phrase ``lithium ion battery'' and/or ``Lithium metal battery.'' Consistent with the ICAO TI, there is no requirement in the previous paragraph (c)(4)(i)(C) [now (c)(3)(ii)(C)], to indicate that the word ``cell'' is marked on a package containing lithium ``cells,'' meaning that word ``battery'' is used to describe packages containing both lithium cells and batteries. This differs from (c)(3)(i)(A), which requires an indication that the package contains ``lithium metal'' or ``lithium ion'' cells or batteries, as appropriate. As discussed in the HM-224F preamble (79 FR 46022, third column) we stated the lithium- battery handling label that is required for air transport may be used by all modes provided it conveys the information required by the HMR. The present air transportation requirements for the lithium battery handling marking in both the HMR and the ICAO only require use of the word ``battery'' (even for packages containing cells). Therefore a ``lithium battery handling marking'' that would be compliant when transporting lithium cells by air would not satisfy the hazard communication requirement for other modes that require an indication the package contains ``cells''. As a result, we are revising (c)(3)(i)(A) to clarify that the word ``battery'' may be used to satisfy the marking requirements of packages containing ``cells.'' 9. Paragraph (c)(3)(i)(A) applicable to marking requirements for excepted lithium batteries is revised to clarify that a package must be marked with an indication that it contains ``lithium metal'' and/or ``lithium ion'' batteries and is not limited to one or the other type and for consistency with (c)(4)(i)(C) [now (c)(3)(ii)(C)], which contains the text ``and/or.'' 10. Paragraph (c)(4)(ii) [now (c)(4)(iii)] is revised by removing the redundant documentation requirements already required in paragraph (c)(3). 11. Paragraph (c)(4)(v) [now (c)(4)(vi)], is revised to clarify that it does not apply to lithium cells or batteries packed with or contained in equipment. When transported by air, for small lithium cells or batteries packed with or contained in equipment, the quantity limitations are prescribed in (c)(4)(iii) [now (c)(4)(iv]. 12. In paragraph (e)(3), the reference to (b)(4) is replaced with (b)(3)(iii) as (b)(4) does not contain UN performance packaging requirements. 13. Paragraph (f)(3)(iii) is revised by removing the word ``large'' from the phrase ``single large battery'' as the term ``large'' refers to the package, not the battery. Section 173.199 This section prescribes the packaging requirements and exceptions for Category B infectious substances. In the HM-215M final rule, paragraph (a)(5) was revised for consistency with the UN Model Regulations. In making the revision, the square-on-point marking graphic ``UN3373'' was inadvertently removed. In this final rule, the graphic is reinstated in paragraph (a)(5). Section 173.302 This section specifies requirements for the filling of cylinders with non-liquefied (permanent) compressed gases. In the HM-215M final rule, PHMSA adopted the provisions in UN Model Regulations for the transportation of adsorbed gases in cylinders. PHMSA amended the title of this section and paragraph (a) to include and specify requirements for the transportation of adsorbed gases. Due to a regulatory instruction error, the revisions to paragraph (a) were not included in the CFR. In this final rule, PHMSA is adding the revisions to paragraph (a) as intended in the HM-215M final rule as published in 80 FR 1161, instruction number 48. Section 173.309 Section 173.309 prescribes requirements for fire extinguishers. In the HM-215M final rule, provisions for transporting large fire extinguishers unpackaged were added in a new paragraph (e). Paragraph (e)(2) requires that the valves must be protected in accordance with Sec. 173.301(c)(2)(i), (ii), (iii) or (v). The references to Sec. 173.301(c) are incorrect as the applicable requirements are located in Sec. 173.301b(c). In this final rule, PHMSA is revising paragraph (e)(2) to correctly reference Sec. 173.301b(c)(2)(i), (ii), (iii) or (v). Section 173.314 This section prescribes requirements for transporting compressed gases in tank cars and multi-unit tank cars. In paragraph (k)(2), the basic description for chlorine is in a sequence that is no longer authorized under the HMR. In this final rule, the sequence is revised by placing the identification number at the beginning of the sequence. Section 173.334 Section 173.334 prescribes packaging and filling requirements for organic phosphates mixed with compressed gas. In paragraph (b), the word ``education'' is replaced with the word ``eduction,'' as originally intended. Section 173.417 Section 173.417 discusses authorized fissile materials packages. The HM-250 final rule removed paragraph (b)(3) leaving the preceding paragraph (b)(2) [[Page 72918]] ending with ``; or''. In this final rule, ``;or'' is replaced with a period (``.''). Section 173.420 Section 173.420 prescribes the transport conditions for uranium hexafluoride. The HM-250 final rule removed and reserved paragraph (a)(2)(ii) which ended in ``; or''. In this rule, the word ``or'' is added to the end of the preceding paragraph (a)(2)(i). In addition, in this rule, paragraph (d)(2) is amended to correct an error made in HM- 215M by replacing references to Sec. Sec. 173.421(a)(1) and (a)(4) with Sec. Sec. 173.421(a) and (d). Section 173.422 Section 173.422 prescribes additional requirements for excepted packages containing Class 7 (radioactive) materials. Paragraph (c) requires the reporting of decontamination in accordance with Sec. Sec. 174.750, 175.700(b), or 176.710 dependent on the mode of transportation. In a final rule published under Docket Number RSPA-02- 11654 (HM-228) [71 FR 14586], the reporting requirements in Sec. 175.700(b) were moved to Sec. 175.705. In this final rule, PHMSA is revising paragraph (c) by replacing the reference to Sec. 175.700(b) with Sec. 175.705. Section 173.423 Section 173.423 prescribes requirements for multiple hazard limited quantity Class 7 materials. In the HM-250 final rule, the paragraphs contained in Sec. 173.421 were renumbered. Multiple sections referencing the previous paragraph numbering of Sec. 173.421 were not amended in the HM-250 rulemaking. In this final rule, PHMSA is revising paragraph (a)(2) to reflect the appropriate paragraphs of Sec. 173.421. Section 173.426 Section 173.426 prescribes requirements for excepted packages for articles containing natural uranium or thorium. In the HM-250 final rule, the paragraphs contained in Sec. 173.421 were renumbered. Multiple sections referencing the previous paragraph numbering of Sec. 173.421 were not amended in the HM-250 rulemaking. In this final rule, PHMSA is revising paragraph (c) to reflect the appropriate paragraphs of Sec. 173.421. Section 173.428 This section provides transport requirements for empty Class 7 (radioactive) materials packaging. In the HM-250 final rule, the paragraphs contained in Sec. 173.421 were renumbered. Multiple sections referencing the previous paragraph numbering of Sec. 173.421 were not amended in the HM-250 rulemaking. In this final rule, PHMSA is revising paragraph (a) to reflect the appropriate paragraphs of Sec. 173.421. Section 173.436 This section contains exempt material activity concentrations and exempt consignment activity limits for radionuclides. In the HM-250 final rule, footnote b, which provides a list of parent nuclides and their progeny listed in secular equilibrium was amended. For the entry ``RA-226,'' Bi-214 was listed twice. In this final rule, PHMSA is removing the duplicate progeny entry of Bi-214 from footnote b. Part 175 Section 175.10 Section 175.10 specifies the conditions for which passengers, crew members, or an operator may carry hazardous materials aboard a passenger aircraft. In the HM-224F final rule, Watt-hours were adopted in place of ``equivalent lithium content,'' as the measure of power (or size) of a lithium ion cell or battery (see 79 FR 46012 and 46015). In paragraph (a)(17)(v), applicable to wheelchairs or other mobility aids powered by lithium ion batteries the phrase ``equivalent lithium content'' was inadvertently retained. We are revising Sec. 175.10(a)(17)(v)(D) and (E) by replacing references to equivalent lithium content with Watt-hours. The revision states that the battery must not exceed 300 Watt-hours and that a maximum of one spare battery not exceeding 300 Watt-hours or two spares not exceeding 160 Watt-hours each may be carried. Part 176 Section 176.104 Section 176.104 prescribes requirements for loading and unloading Class 1 materials. Paragraph (c)(3) contains a grammatical error stating the word ``hoods'' instead of ``hooks.'' In this final rule, we are correcting this grammatical error. Section 176.116 Section 176.116 prescribes the general stowage conditions for Class 1 explosive materials. Paragraph (e)(3) contains a reference to the Class A60 standard that is defined in 46 CFR 72.05-10(a)(1). However, 46 CFR 72.05-10(a)(1) does not exist and, therefore, does not provide the definition for the Class A60 standard. In this final rule, the citation is corrected to read 46 CFR 72.05-10(c)(1). Section 176.905 Section 176.905 prescribes specific requirements for motor vehicles or mechanical equipment powered by internal combustion engines that are offered for transportation and transported by vessel. In the HM-215M final rule, PHMSA aligned the conditions for exception from the subchapter in paragraph (i) with those recently adopted by the IMO. Due to an incorrect regulatory instruction, the paragraph (i) introductory text was inadvertently removed. In this final rule, PHMSA is reinstating the paragraph (i) introductory text. Part 177 Section 177.838 Section 177.838 prescribes specific loading and unloading requirements for Class 4 (flammable solid) materials, Class 5 (oxidizing) materials, and Division 4.2 (pyrophoric liquid) materials when carried by public highway. In this final rule, PHMSA is revising the section heading by replacing the word ``pyroforic'' with the correct spelling ``pyrophoric.'' In addition, paragraph (g) of Sec. 177.838 is revised to clarify that the limitation that a motor vehicle may only contain 45.4 kg (100 pounds) or less net mass of material described as ``Smokeless powder for small arms, Division 4.1'' also includes ``Black powder for small arms, Division 4.1''. This clarification will provide consistency with the requirements and limitations of Sec. Sec. 173.170 and 173.171 which respectively authorize Black powder for small arms that has been classed in Division 1.1 and Smokeless powder for small arms that has been classed as Division 1.3 or Division 1.4 to be reclassed as a Division 4.1 material for domestic transportation by highway, provided certain conditions are met. Sections 173.170 and 173.171 further provide, respectively, that the total quantity of the re-classed black powder or smokeless powder in one motor vehicle may not exceed 45.4 kg (100 pounds) net mass. Part 178 Section 178.71 Section 178.71 prescribes specifications for UN pressure receptacles. We are revising paragraph (p)(15) to correct a typographical error by replacing the ``1'' in ``1SO 11114-1'' with an ``I'' to read ``ISO 11114-1'' . Section 178.801 Section 178.801 sets forth recordkeeping requirements for IBC packaging manufacturers, design type [[Page 72919]] testers, and periodic retesters. In paragraph (l)(2), subparagraph (vii) was inadvertently skipped when the paragraph was revised in a final rule published under Docket Number PHMSA-2013-0041 (HM-215K, HM- 215L, HM-218G and HM-219) [77 FR 65453]. We are revising paragraph (l)(2) to correct the subparagraph numbering sequence. Part 180 Section 180.213 This section prescribes requirements for requalification markings for cylinders. We are revising paragraph (f)(1) to correct the reference to Sec. 173.309(b) to read ``Sec. 173.309(a).'' III. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking This final rule is published under authority of 49 U.S.C. 5103(b), which authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The purpose of this final rule is to remove inadvertent errors in the hazardous materials table, grammatical and typographical errors, and, in response to requests for clarification, improve the clarity of certain provisions in the Hazardous Materials Regulations. The changes made in this final rule are considered non-substantive and this is published as a direct final rule. B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures This final rule is not considered a significant regulatory action under section 3(f) of Executive Order 12866 and, therefore, was not reviewed by the Office of Management and Budget. This rule is not significant 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. This final rule does not impose new or revised requirements for hazardous materials shippers or carriers; therefore, it is not necessary to prepare a regulatory impact analysis. C. Executive Order 13132 This final rule has been analyzed in accordance with the principles and criteria in Executive Order 13132 (``Federalism''). This final rule does not adopt any regulation that: (1) 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; or (2) imposes substantial direct compliance costs on state and local governments. PHMSA is not aware of any state, local, or Indian tribe requirements that would be preempted by correcting editorial errors and making minor regulatory changes. This final rule does not have sufficient federalism impacts to warrant the preparation of a federalism assessment. D. Executive Order 13175 This final rule has been 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 on Indian tribal governments, and does not preempt tribal law, the funding and consultation requirements of Executive Order 13175 do not apply, and a tribal summary impact statement is not required. E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies This final rule will not have a significant economic impact on a substantial number of small entities. This rule makes minor editorial changes that will not impose any new requirements on persons subject to the HMR; thus, there are no direct or indirect adverse economic impacts for small units of government, businesses, or other organizations. F. Executive Order 13563 Improving Regulation and Regulatory Review Executive Order 13563 supplements and reaffirms the principles, structures, and definitions governing regulatory review that were established in Executive Order 12866 Regulatory Planning and Review of September 30, 1993. In addition, Executive Order 13563 specifically requires agencies to: (1) Involve the public in the regulatory process; (2) promote simplification and harmonization through interagency coordination; (3) identify and consider regulatory approaches that reduce burden and maintain flexibility; and (4) ensure the objectivity of any scientific or technological information used to support regulatory action; consider how to best promote retrospective analysis to modify, streamline, expand, or repeal existing rules that are outmoded, ineffective, insufficient, or excessively burdensome. A complete review of the existing HMR led to the identification of various minor errors in the HMR. The correction of these errors will clarify current text while maintaining the intent of the regulations affected. This final rule is designed to address those errors by making non-substantive changes to the HMR such as editorial changes, spelling corrections, removal of transitional requirements that are no longer applicable and formatting modifications. This final rule corrects these errors but does not require the application of Executive Order 13563. The final rule does however clarify the regulatory text thus improving the regulations. G. Paperwork Reduction Act This final rule imposes no new information collection requirements. H. Regulation Identifier Number (RIN) A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. I. Unfunded Mandates Reform Act This 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 objectives of the rule. J. Environmental Assessment The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321-4347), and implementing regulations by the Council on Environmental Quality (40 CFR part 1500) require Federal agencies to consider the consequences of Federal actions and prepare a detailed statement on actions that significantly affect the quality of the human environment. The purpose of this rulemaking is to correct editorial errors, make minor regulatory changes and, in response to requests for clarification, improve the clarity of certain provisions in the HMR. [[Page 72920]] The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements. Therefore, PHMSA has determined that the implementation of this final rule will not have any significant impact on the quality of the human environment. K. Privacy Act Anyone is able to search the electronic form of 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 DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), which may be viewed at http://www.dot.gov/privacy. List of Subjects 49 CFR Part 171 Exports, Hazardous materials transportation, Hazardous waste, Imports, Incorporation by reference, Reporting and recordkeeping requirements. 49 CFR Part 172 Education, Hazardous materials transportation, Hazardous waste, Incorporation by reference, Labeling, Markings, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 173 Hazardous materials transportation, Incorporation by reference, Packaging and containers, Radioactive materials, Reporting and recordkeeping requirements, Uranium. 49 CFR Part 175 Air carriers, Hazardous materials transportation, Incorporation by reference, Radioactive materials, Reporting and recordkeeping requirements. 49 CFR Part 176 Hazardous materials transportation, Incorporation by reference, Maritime carriers, Radioactive materials, Reporting and recordkeeping requirements. 49 CFR Part 177 Hazardous materials transportation, Loading and unloading, Segregation and separation. 49 CFR Part 178 Hazardous materials transportation, Incorporation by reference, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 180 Hazardous materials transportation, Incorporation by reference, Motor carriers, Motor vehicle safety, Packaging and containers, Railroad safety, Reporting and recordkeeping requirements. In consideration of the foregoing, PHMSA is amending 49 CFR Chapter I as follows: PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 0 1. The authority citation for part 171 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134, section 31001; 49 CFR 1.81 and 1.97. 0 2. In Sec. 171.22, revise paragraph (f)(4) to read as follows: Sec. 171.22 Authorization and conditions for the use of international standards and regulations. * * * * * (f) * * * (4) Each person who provides for transportation or receives for transportation (see Sec. Sec. 174.24, 175.30, 176.24 and 177.817 of this subchapter) a shipping paper must retain a copy of the shipping paper or an electronic image thereof that is accessible at or through its principal place of business in accordance with Sec. 172.201(e) of this subchapter. * * * * * 0 3. In Sec. 171.23, revise paragraphs (a)(4)(ii) and (a)(5) introductory text to read as follows: Sec. 171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations. * * * * * (a) * * * (4) * * * (ii) In addition to other requirements of this subchapter, the maximum filling density, service pressure, and pressure relief device for each cylinder conform to the requirements of this part for the gas involved; and * * * * * (5) Cylinders not equipped with pressure relief devices: A DOT specification or a UN cylinder manufactured, inspected, tested and marked in accordance with part 178 of this subchapter and otherwise conforms to the requirements of part 173 of this subchapter for the gas involved, except that the cylinder is not equipped with a pressure relief device may be filled with a gas and offered for transportation and transported for export if the following conditions are met: * * * * * 0 4. In Sec. 171.24, revise paragraph (c) to read as follows: Sec. 171.24 Additional requirements for the use of the ICAO Technical Instructions. * * * * * (c) Highway transportation. For transportation by highway prior to or after transportation by aircraft, a shipment must conform to the applicable requirements of part 177 of this subchapter, and the motor vehicle must be placarded in accordance with subpart F of part 172 of this subchapter. * * * * * PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING REQUIREMENTS 0 5. The authority citation for part 172 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 1.97. 0 6. In Sec. 172.101, the Hazardous Materials Table is amended by removing the entries under ``[REMOVE]'', adding entries under ``[ADD]'', and revising entries under [REVISE]'' in the appropriate alphabetical sequence to read as follows: Sec. 172.101 Purpose and use of hazardous materials table. * * * * * [[Page 72921]] ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ (8) (9) (10) Hazardous ----------------------------------------------------------------------------------------------- materials Special Packaging (Sec. 173.* * *) Quantity limitations (see Sec. Vessel stowage Symbols descriptions and Hazard class Identification PG Label provisions (Sec. ------------------------------------ Sec. 173.27 and 175.75) ----------------------- proper shipping or division No. codes 172.102) ------------------------------------ names Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other aircraft/rail only (1) (2).............. (3) (4) (5) (6) (7)............. (8A) (8B) (8C) (9A)............ (9B)............ (10A) (10B) -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- [REMOVE]......... ............ .............. ........ ........ ................ .......... .......... .......... ................ ................ .......... .......... * * * * * * * N-Aminoethyl 8 UN2815 III 8 IB3, T4, TP1.... 154 203 241 5 L............. 60 L............ A 12, 25 piperazine. * * * * * * * Ammonia 2.2 UN2073 2.2 N87............. 306 304 314, 315 Forbidden....... 150 kg.......... E 40, 52, 57 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. Ammonia 8 UN2672 III 8 336, IB3, IP8, 154 203 241 5L.............. 60L............. A 40, 52, 85 solutions, T7, TP1. 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. * * * * * * * Batteries, dry, 8 UN3028 8 237............. None 213 None 25 kg........... 230 kg.......... A 52 containing potassium hydroxide solid, electric storage. * * * * * * * Environmentally 9 UN3077 III 9 8,146, 335, 155 213 240 No Limit........ No Limit........ A .......... hazardous A112, B54, substances, B120, IB8, IP3, solid, n.o.s. N20, N91, T1, TP33. * * * * * * * Paint, corrosive, 8 UN3470 II 8, 3 367, IB2, T7, 154 202 243 1 L............. 30 L............ B 40 flammable TP2, TP8, TP28. (including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler, and liquid lacquer base). * * * * * * * Printing ink, 3 UN1210 I 3 367, T11, TP1, 150 173 243 1 L............. 30 L............ E .......... flammable or TP8. Printing ink related material (including printing ink thinning or reducing compound), flammable. II 3 149, 367, IB2, 150 173 242 5 L............. 60 L............ B .......... T4, TP1, TP8. III 3 367, B1, IB3, 150 173 242 60 L............ 220 L........... A .......... T2, TP1. * * * * * * * Trinitrobenzene, 1.1D UN0214 II 1.1D None 62 None Forbidden....... Forbidden....... 4 25 dry or wetted with less than 30 percent water, by mass. Trinitrobenzene, 1.1D UN0214 II 1.1D None 62 None Forbidden....... Forbidden....... 04 25 dry or wetted with less than 30 percent water, by mass. Trinitrobenzene, 4.1 UN1354 I 4.1 23, A2, A8, A19, None 211 None 0.5 kg.......... 0.5 kg.......... E 28, 36 wetted with not N41. less than 30 percent water, by mass. * * * * * * * * * * * * * * [ADD]............ ............ .............. ........ ........ ................ .......... .......... .......... ................ ................ .......... .......... * * * * * * * N- 8 UN2815 III 8 IB3, T4, TP1.... 154 203 241 5 L............. 60 L............ A 12, 25 Aminoethylpipera zine. * * * * * * * Ammonia solution, 2.2 UN2073 2.2 N87............. 306 304 314, 315 Forbidden....... 150 kg.......... E 40, 52, 57 relative density less than 0.880 at 15 degrees C in water, with more than 35 percent but not more than 50 percent ammonia. Ammonia solution, 8 UN2672 III 8 336, IB3, IP8, 154 203 241 5L.............. 60L............. A 40, 52, 85 relative density T7, TP1. between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia. [[Page 72922]] * * * * * * * Batteries, dry, 8 UN3028 8 237............. None 213 None 25 kg........... 230 kg.......... A 52 containing potassium hydroxide solid, electric storage. * * * * * * * G........ Environmentally 9 UN3077 III 9 8, 146, 335, 384 155 213 240 No Limit........ No Limit........ A .......... hazardous A112, B54, substance, B120, IB8, IP3, solid, n.o.s. N20, N91, T1, TP33. * * * * * * * Paint, corrosive, 8 UN3470 II 8, 3 367, IB2, T7, 154 202 243 1 L............. 30 L............ B 40 flammable TP2, TP8, TP28. (including paint, lacquer, enamel, stain, shellac, varnish, polish, liquid filler, and liquid lacquer base). * * * * * * * Printing ink, 3 UN1210 I 3 367, T11, TP1, 150 173 243 1 L............. 30 L............ E .......... flammable or TP8. Printing ink related material (including printing ink thinning or reducing compound), flammable. II 3 149, 367, IB2, 150 173 242 5 L............. 60 L............ B .......... T4, TP1, TP8. III 3 367, B1, IB3, 150 173 242 60 L............ 220 L........... A .......... T2, TP1. * * * * * * * Trinitrobenzene, 1.1D UN0214 II 1.1D None 62 None Forbidden....... Forbidden....... 04 25 dry or wetted with less than 30 percent water, by mass. Trinitrobenzene, 4.1 UN1354 I 4.1 23, A2, A8, A19, None 211 None 0.5 kg.......... 0.5 kg.......... E 28, 36 wetted with not N41. less than 30 percent water, by mass. * * * * * * * [REVISE]......... ............ .............. ........ ........ ................ .......... .......... .......... ................ ................ .......... .......... * * * * * * * +........ Aminophenols (o-; 6.1 UN2512 III 6.1 IB8, IP3, T1, 153 213 240 100 kg.......... 200 kg.......... A .......... m-; p-). TP33. * * * * * * * Cells, containing 4.3 UN3292 ........ 4.3 189 189 189 25 kg........... No limit........ A .......... sodium. * * * * * * * D G...... Combustible Comb liq NA1993 III None IB3, T1, TP1.... 150 203 241 60 L............ 220 L........... A .......... liquid, n.o.s.. * * * * * * * Lithium ion 9 UN3480 ........ 9 A51, A54........ 185 185 185 5 kg............ 35 kg........... A .......... batteries including lithium ion polymer batteries. * * * * * * * Lithium metal 9 UN3090 ........ 9 A54............. 185 185 185 Forbidden....... 35 kg........... A .......... batteries including lithium alloy batteries. * * * * * * * G........ Organometallic 4.3 UN3398 I 4.3 T13, TP2, TP7, None 201 244 Forbidden....... 1 L............. D 13, 40, substance, TP36, TP47. 52, 148 liquid, water- reactive. II 4.3 IB1, IP2, T7, None 202 243 1 L............. 5 L............. D 13, 40, TP2, TP7, TP36, 52, 148 TP47. III 4.3 IB2, IP4, T7, None 203 242 5 L............. 60 L............ E 13, 40, TP2, TP7, TP36, 52, 148 TP47. * * * * * * * G........ Oxidizing solid, 5.1 UN3085 I 5.1, 8 62.............. None 211 242 1 kg............ 15 kg........... D 13, 56, corrosive, n.o.s. 58, 138 II 5.1, 8 62, IB6, IP2, 152 212 242 5 kg............ 25 kg........... B 13, 34, T3, TP33. 56, 58, 138 III 5.1, 8 62, IB8, IP3, 152 213 240 25 kg........... 100 kg.......... B 13, 34, T1, TP33. 56, 58, 138 * * * * * * * I........ Petroleum sour 3 UN3494 I 3, 6.1 343, T14, TP2, None 201 243 Forbidden....... 30 L............ D 40 crude oil, TP13. flammable, toxic. [[Page 72923]] II 3, 6.1 343, IB2, T7, 150 202 243 1 L............. 60 L............ D 40 TP2. III 3, 6.1 343, IB3, T4, 150 203 242 60 L............ 220 L........... C 40 TP1. * * * * * * * G........ Self-heating 4.2 UN3088 II 4.2 IB6, IP2, T3, None 212 241 15 kg........... 50 kg........... C .......... solid, organic, TP33. n.o.s. III 4.2 IB8, IP3, T1, None 213 241 25 kg........... 100 kg.......... C .......... TP33, B116. * * * * * * * G........ Self-reactive 4.1 UN3222 II 4.1 53.............. 151 224 None Forbidden....... Forbidden....... D 25, 52, solid type B. 53, 127 * * * * * * * ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * * * * * 0 7. In Sec. 172.102, in paragraph (c)(1), revise special provisions 338 and 369 to read as follows: Sec. 172.102 Special Provisions. * * * * * (c) * * * (1) * * * 338 Life Saving appliances, self-inflating transported by motor vehicle only between an U.S. Coast Guard approved inflatable life raft servicing facility and a vessel are only subject to the following requirements: a. Prior to repacking into the life-saving appliance, an installed inflation cylinder must successfully meet and pass all inspection and test criteria and standards of the raft manufacturer and the vessel Flag State requirements for cylinders installed as part of life-saving appliances, self-inflating (UN2990) used on marine vessels. Additionally, each cylinder must be visually inspected in accordance with CGA pamphlet, CGA C-6 (incorporated by reference, see Sec. 171.7). A current copy of CGA pamphlet, CGA C-6 must be available at the facility servicing the life-saving appliance. b. An installed inflation cylinder that requires recharging must be filled in accordance with Sec. 173.301(l). c. Every installed inflation cylinder, as associated equipment of the life-saving appliance, must be packed within the protective packaging of the life raft and the life raft itself must otherwise be in compliance with Sec. 173.219. d. The serial number for each cylinder must be recorded as part of the life-saving appliance service record by the U.S. Coast Guard- approved servicing facility. * * * * * 369 In accordance with Sec. 173.2a, this radioactive material in an excepted package possessing corrosive properties is classified in Class 8 with a radioactive material subsidiary risk. Uranium hexafluoride may be classified under this entry only if the conditions of Sec. Sec. 173.420(a)(4) and (a)(6), 173.420(d), 173.421(b) and (d), and, for fissile-excepted material, the conditions of 173.453 are met. In addition to the provisions applicable to the transport of Class 8 substances, the provisions of Sec. Sec. 173.421(c), and 173.443(a) apply. In addition, packages shall be legibly and durably marked with an identification of the consignor, the consignee, or both. No Class 7 label is required to be displayed. The consignor shall be in possession of a copy of each applicable certificate when packages include fissile material excepted by competent authority approval. When a consignment is undeliverable, the consignment shall be placed in a safe location and the appropriate competent authority shall be informed as soon as possible and a request made for instructions on further action. If it is evident that a package of radioactive material, or conveyance carrying unpackaged radioactive material, is leaking, or if it is suspected that the package, or conveyance carrying unpackaged material, may have leaked, the requirements of Sec. 173.443(e) apply. * * * * * 0 8. In Sec. 172.202, revise paragraph (d) to read as follows: Sec. 172.202 Description of hazardous material on shipping papers. * * * * * (d) Technical and chemical group names may be entered in parentheses between the proper shipping name and hazard class or following the basic description. An appropriate modifier, such as ``contains'' or ``containing,'' and/or the percentage of the technical constituent may also be used. For example: ``UN 1993, Flammable liquids, n.o.s. (contains Xylene and Benzene), 3, II''. * * * * * 0 9. In Sec. 172.203, revise paragraph (k)(1) to read as follows: Sec. 172.203 Additional description requirements. * * * * * (k) * * * (1) If a hazardous material is a mixture or solution of two or more hazardous materials, the technical names of at least two components most predominately contributing to the hazards of the mixture or solution must be entered on the shipping paper as required by paragraph (k) of this section. For example, ``UN 2924, Flammable liquid, corrosive, n.o.s., 3 (8), II (contains Methanol, Potassium hydroxide)''. * * * * * Sec. 172.502 [Amended] 0 10. In Sec. 172.502, remove paragraph (b)(3). 0 11. In Sec. 172.704, revise paragraph (e)(2) to read as follows: Sec. 172.704 Training requirements. * * * * * (e) * * * (2) A railroad maintenance-of-way employee or railroad signalman, who does not perform any function subject to the requirements of this subchapter, is not subject to the training requirements of paragraphs (a)(2), (a)(4), or (a)(5) of this section. [[Page 72924]] PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 0 12. The authority citation for part 173 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 1.97. 0 13. In Sec. 173.4, revise paragraph (b) to read as follows: Sec. 173.4 Small quantities for highway and rail. * * * * * (b) A package containing a Class 7 (radioactive) material also must conform to the requirements of Sec. 173.421(a) through (e), Sec. 173.424(a) through (g), or Sec. 173.426(a) through (c) as applicable. * * * * * Sec. 173.8 [Amended] 0 14. In Sec. 173.8, remove and reserve paragraph (a). 0 15. In Sec. 173.25, revise paragraph (a)(4) to read as follows: Sec. 173.25 Authorized packagings and overpacks. (a) * * * (4) The overpack is marked with the word ``OVERPACK'' when specification packagings are required, or for Class 7 (radioactive) material when a Type A, Type B(U), Type B(M) or industrial package is required. The ``OVERPACK'' marking is not required when the required markings representative of each package type contained in the overpack are visible from outside of the overpack. The lettering on the ``OVERPACK'' marking must be at least 12 mm (0.5 inches) high. (i) Transitional exception. A marking in conformance with the requirements of this paragraph in effect on December 31, 2014, may continue to be used until December 31, 2016. (ii) For domestic transportation, an overpack marked prior to January 1, 2017 and in conformance with the requirements of this paragraph in effect on December 31, 2014, may continue in service until the end of its useful life. * * * * * 0 16. In Sec. 173.127, paragraph (b)(2) is added to read as follows: Sec. 173.127 Class 5, Division 5.1--Definition and assignment of packing groups. * * * * * (b) * * * (2) The packing group of a Division 5.1 material which is a liquid shall be assigned using the following criteria: (i) Packing Group I for: (A) Any material which spontaneously ignites when mixed with cellulose in a 1:1 ratio; or (B) Any material which exhibits a mean pressure rise time less than the pressure rise time of a 1:1 perchloric acid (50 percent)/cellulose mixture. (ii) Packing Group II, any material which exhibits a mean pressure rise time less than or equal to the pressure rise time of a 1:1 aqueous sodium chlorate solution (40 percent)/cellulose mixture and the criteria for Packing Group I are not met. (iii) Packing Group III, any material which exhibits a mean pressure rise time less than or equal to the pressure rise time of a 1:1 nitric acid (65 percent)/cellulose mixture and the criteria for Packing Group I and II are not met. 0 17. In Sec. 173.156, revise paragraphs (b)(2)(iv) and (v) to read as follows: Sec. 173.156 Exceptions for limited quantity and ORM. * * * * * (b) * * * (2) * * * (iv) The package conforms to the general packaging requirements of subpart B of this part; and (v) The maximum net quantity of hazardous material permitted on one palletized unit is 250 kg (550 pounds). 0 18. Revise Sec. 173.185 to read as follows: Sec. 173.185 Lithium cells and batteries. As used in this section, lithium cell(s) or battery(ies) includes both lithium metal and lithium ion chemistries. Equipment means the device or apparatus for which the lithium cells or batteries will provide electrical power for its operation. (a) Classification. (1) Each lithium cell or battery must be of the type proven to meet the criteria in part III, sub-section 38.3 of the UN Manual of Tests and Criteria (IBR; see Sec. 171.7 of this subchapter). Lithium cells and batteries are subject to these tests regardless of whether the cells used to construct the battery are of a tested type. (i) Cells and batteries manufactured according to a type meeting the requirements of sub-section 38.3 of the UN Manual of Tests and Criteria, Revision 3, Amendment 1 or any subsequent revision and amendment applicable at the date of the type testing may continue to be transported, unless otherwise provided in this subchapter. (ii) Cell and battery types only meeting the requirements of the UN Manual of Tests and Criteria, Revision 3, are no longer valid. However, cells and batteries manufactured in conformity with such types before July 2003 may continue to be transported if all other applicable requirements are fulfilled. (2) Each person who manufactures lithium cells or batteries must create a record of satisfactory completion of the testing required by this paragraph prior to offering the lithium cell or battery for transport and must: (i) Maintain this record for as long as that design is offered for transportation and for one year thereafter; and (ii) Make this record available to an authorized representative of the Federal, state or local government upon request. (3) Except for cells or batteries meeting the requirements of paragraph (c) of this section, each lithium cell or battery must: (i) Incorporate a safety venting device or be designed to preclude a violent rupture under conditions normally incident to transport; (ii) Be equipped with effective means of preventing external short circuits; and (iii) Be equipped with an effective means of preventing dangerous reverse current flow (e.g., diodes or fuses) if a battery contains cells, or a series of cells that are connected in parallel. (b) Packaging. (1) Each package offered for transportation containing lithium cells or batteries, including lithium cells or batteries packed with, or contained in, equipment, must meet all applicable requirements of subpart B of this part. (2) Lithium cells or batteries, including lithium cells or batteries packed with, or contained in, equipment, must be packaged in a manner to prevent: (i) Short circuits; (ii) Movement within the outer package; and (iii) Accidental activation of the equipment. (3) For packages containing lithium cells or batteries offered for transportation: (i) The lithium cells or batteries must be placed in non-metallic inner packagings that completely enclose the cells or batteries, and separate the cells or batteries from contact with equipment, other devices, or conductive materials (e.g., metal) in the packaging. (ii) The inner packagings containing lithium cells or batteries must be placed in one of the following packagings meeting the requirements of part 178, subparts L and M, of this subchapter at the Packing Group II level: (A) Metal (4A, 4B, 4N), wooden (4C1, 4C2, 4D, 4F), fiberboard (4G), or solid plastic (4H1, 4H2) box; (B) Metal (1A2, 1B2, 1N2), plywood (1D), fiber (1G), or plastic (1H2) drum; (C) Metal (3A2, 3B2) or plastic (3H2) jerrican. (iii) When packed with equipment, lithium cells or batteries must: [[Page 72925]] (A) Be placed in inner packagings that completely enclose the cell or battery, then placed in an outer packaging. The completed package for the cells or batteries must meet the Packing Group II performance requirements as specified in paragraph (b)(3)(ii) of this section; or (B) Be placed in inner packagings that completely enclose the cell or battery, then placed with equipment in a package that meets the Packing Group II performance requirements as specified in paragraph (b)(3)(ii) of this section. (4) When lithium cells or batteries are contained in equipment: (i) The outer packaging, when used, must be constructed of suitable material of adequate strength and design in relation to the capacity and intended use of the packaging, unless the lithium cells or batteries are afforded equivalent protection by the equipment in which they are contained; (ii) Equipment must be secured against movement within the outer packaging and be packed so as to prevent accidental operation during transport; and (iii) Any spare lithium cells or batteries packed with the equipment must be packaged in accordance with paragraph (b)(3) of this section. (5) Lithium batteries that weigh 12 kg (26.5 pounds) or more and have a strong, impact-resistant outer casing and assemblies of such batteries, may be packed in strong outer packagings; in protective enclosures (for example, in fully enclosed or wooden slatted crates); or on pallets or other handling devices, instead of packages meeting the UN performance packaging requirements in paragraphs (b)(3)(ii) and (b)(3)(iii) of this section. Batteries or battery assemblies must be secured to prevent inadvertent movement, and the terminals may not support the weight of other superimposed elements. Batteries or battery assemblies packaged in accordance with this paragraph are not permitted for transportation by passenger-carrying aircraft, and may be transported by cargo aircraft only if approved by the Associate Administrator. (6) Except for transportation by aircraft, the following rigid large packagings are authorized for a single battery, including for a battery contained in equipment, meeting provisions in paragraphs (b)(1) and (2) of this section and the requirements of part 178, subparts P and Q, of this subchapter at the Packing Group II level: (i) Metal (50A, 50B, 50N); (ii) Rigid plastic (50H); (iii) Wooden (50C, 50D, 50F); (iv) Rigid fiberboard (50G). (c) Exceptions for smaller cells or batteries. Other than as specifically stated below, a package containing lithium cells or batteries, or lithium cells or batteries packed with, or contained in, equipment, that meets the conditions of this paragraph is excepted from the requirements in subparts C through H of part 172 of this subchapter and the UN performance packaging requirements in paragraphs (b)(3)(ii) and (iii) of this section under the following conditions and limitations. (1) Size limits. (i) The Watt-hour (Wh) rating may not exceed 20 Wh for a lithium ion cell or 100 Wh for a lithium ion battery. After December 31, 2015, each lithium ion battery subject to this provision must be marked with the Watt-hour rating on the outside case. (ii) The lithium content may not exceed 1 g for a lithium metal cell or 2 g for a lithium metal battery. (iii) Except when lithium metal cells or batteries are packed with or contained in equipment in quantities not exceeding 5 kg net weight, the outer package that contains lithium metal cells or batteries must be marked: ``PRIMARY LITHIUM BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT'' or ``LITHIUM METAL BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT'', or labeled with a ``CARGO AIRCRAFT ONLY'' label specified in Sec. 172.448 of this subchapter. (iv) For transportation by highway or rail only, the lithium content of the cell and battery may be increased to 5 g for a lithium metal cell or 25 g for a lithium metal battery and 60 Wh for a lithium ion cell or 300 Wh for a lithium ion battery provided the outer package is marked: ``LITHIUM BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD AIRCRAFT AND VESSEL.'' (v) The marking specified in paragraphs (c)(1)(iii) and (iv) of this section must have a background of contrasting color, and the letters in the marking must be: (A) At least 6 mm (0.25 inch) in height on packages having a gross weight of 30 kg (66 pounds) or less, except that smaller font may be used as necessary when package dimensions so require. (B) At least 12 mm (0.5 inch) in height on packages having a gross weight of more than 30 kg (66 pounds). (vi) Except when lithium cells or batteries are packed with, or contained in, equipment, each package must not exceed 30 kg (66 pounds) gross weight. (2) Packaging. Except when lithium cells or batteries are contained in equipment, each package, or the completed package when packed with equipment, must be capable of withstanding a 1.2 meter drop test, in any orientation, without damage to the cells or batteries contained in the package, without shifting of the contents that would allow battery- to-battery (or cell-to-cell) contact, and without release of the contents of the package. (3) Hazard communication. Except for a package containing button cell batteries installed in equipment (including circuit boards), or no more than four lithium cells or two lithium batteries installed in the equipment: (i) For transportation by highway, rail and vessel, the outer package must be marked with the information in the following paragraphs (c)(3)(i)(A) to (D), or the handling marking in paragraph (c)(3)(ii) of this section: (A) An indication that the package contains ``Lithium metal'' and/ or ``Lithium ion'' cells or batteries, as appropriate, or alternatively, the word ``batteries'' may be used for packages containing cells; (B) An indication that the package is to be handled with care and that a flammable hazard exists if the package is damaged; (C) An indication that special procedures must be followed in the event the package is damaged, to include inspection and repacking if necessary; (D) A telephone number for additional information. (ii) For transportation by air, the outer package must be marked with the following handling marking, which is durable, legible, and displayed on a background of contrasting color: [[Page 72926]] [GRAPHIC] [TIFF OMITTED] TR23NO15.000 (A) The marking must be not less than 120 mm (4.7 inches) wide by 110 mm (4.3 inches) high except markings of 105 mm (4.1 inches) wide by 74 mm (2.9 inches) high may be used on a package containing lithium batteries when the package is too small for the larger mark; (B) The symbols and letters must be black and the border must be red; and (C) The ``*'' must be replaced by the words ``Lithium ion battery'' and/or ``Lithium metal battery'' as appropriate and the ``xxx-xxx- xxxx'' must be replaced by a telephone number for additional information. (iii) Each shipment of one or more packages marked in accordance with this paragraph must be accompanied by a document that includes the following: (A) An indication that the package contains ``lithium metal'' or ``lithium ion'' cells or batteries, as appropriate; (B) An indication that the package is to be handled with care and that a flammable hazard exists if the package is damaged; (C) An indication that special procedures must be followed in the event the package is damaged, to include inspection and repacking if necessary; and (D) A telephone number for additional information. (4) Air transportation. (i) For transportation by aircraft, lithium cells and batteries may not exceed the limits in the following table. The limits on the maximum number of batteries and maximum net quantity of batteries in the following table may not be combined in the same package: -------------------------------------------------------------------------------------------------------------------------------------------------------- Lithium metal Lithium metal Lithium ion Lithium metal cells cells with a batteries with a Lithium ion cells Lithium ion cells batteries with a and/or batteries lithium content lithium content and/or batteries with a Watt-hour Watt-hour rating Contents with a lithium more than 0.3 g more than 0.3 g with a Watt-hour rating more than more than 2.7 Wh content not more but not more than but not more than rating not more 2.7 Wh but not but not more than than 0.3 g 1g 2 g than 2.7 Wh more than 20 Wh 100 Wh -------------------------------------------------------------------------------------------------------------------------------------------------------- Maximum number of cells/ No Limit 8 cells 2 batteries No Limit 8 cells 2 batteries. batteries per package. Maximum net quantity (mass) per 2.5 kg n/a n/a 2.5 kg n/a n/a. package. -------------------------------------------------------------------------------------------------------------------------------------------------------- (ii) When packages required to bear the handling marking in paragraph (c)(3)(ii) are placed in an overpack, the handling marking must either be clearly visible through the overpack, or the handling marking must also be affixed on the outside of the overpack, and the overpack must be marked with the word ``OVERPACK''. (iii) Each shipment with packages required to bear the handling marking must include an indication on the air waybill of compliance with this paragraph (c)(4) (or the applicable ICAO Packing Instruction), when an air waybill is used. (iv) For lithium batteries packed with, or contained in, equipment, the number of batteries in each package is limited to the minimum number required to power the piece of equipment, plus two spares, and the total net quantity (mass) of the lithium cells or batteries in the completed package must not exceed 5 kg. (v) Each person who prepares a package for transport containing lithium cells or batteries, including cells or batteries packed with, or contained in, equipment in accordance with the conditions and limitations in this paragraph, must receive adequate instruction on these conditions and limitations, commensurate with their responsibilities. (vi) A package that exceeds the number or quantity (mass) limits in the table shown in (c)(4) is subject to all applicable requirements of this subchapter, except that a package containing no more than 2.5 kg lithium metal cells or batteries or 10 kg lithium ion cells or batteries is not subject to the UN performance packaging requirements in paragraphs (b)(3)(ii) of this section when the package displays both the lithium battery handling marking and the Class 9 label. This paragraph does not apply to batteries or cells packed with or contained in equipment. (d) Lithium cells or batteries shipped for disposal or recycling. A lithium cell or battery, including a lithium cell or battery contained in equipment, that is transported by motor vehicle to a permitted storage facility or disposal site, or for purposes of recycling, is excepted from the testing and record keeping requirements of paragraph (a) and the specification packaging requirements of paragraph (b)(3) of this section, when packed in a strong outer packaging conforming to the requirements of Sec. Sec. 173.24 and 173.24a. [[Page 72927]] A lithium cell or battery that meets the size, packaging, and hazard communication conditions in paragraph (c)(1)-(3) of this section is excepted from subparts C through H of part 172 of this subchapter. (e) Low production runs and prototypes. Low production runs (i.e., annual production runs consisting of not more than 100 lithium cells or batteries), or prototype lithium cells or batteries transported for purposes of testing, are excepted from the testing and record keeping requirements of paragraph (a) of this section provided: (1) Except as provided in paragraph (e)(3) of this section, each cell or battery is individually packed in a non-metallic inner packaging, inside an outer packaging, and is surrounded by cushioning material that is non-combustible and non-conductive; (2) The inner packages containing lithium cells or batteries are packed in one of the following packagings that meet the requirements of part 178, subparts L and M at Packing Group I level. (i) Metal (4A, 4B, 4N), wooden (4C1, 4C2, 4D, 4F), or solid plastic (4H2) box; (ii) Metal (1A2, 1B2, 1N2), plywood (1D), or plastic (1H2) drum. (3) Lithium batteries that weigh 12 kg (26.5 pounds) or more and have a strong, impact-resistant outer casing or assemblies of such batteries, may be packed in strong outer packagings, in protective enclosures (for example, in fully enclosed or wooden slatted crates), or on pallets or other handling devices, instead of packages meeting the UN performance packaging requirements in paragraphs (b)(3)(ii) and (b)(3)(iii) of this section. The battery or battery assembly must be secured to prevent inadvertent movement, and the terminals may not support the weight of other superimposed elements; (4) Irrespective of the limit specified in column (9B) of the Sec. 172.101 Hazardous Materials Table, the battery or battery assembly prepared for transport in accordance with this paragraph may have a mass exceeding 35 kg gross weight when transported by cargo aircraft; and (5) Batteries or battery assemblies packaged in accordance with this paragraph are not permitted for transportation by passenger- carrying aircraft, and may be transported by cargo aircraft only if approved by the Associate Administrator prior to transportation. (f) Damaged, defective, or recalled cells or batteries. Lithium cells or batteries, that have been damaged or identified by the manufacturer as being defective for safety reasons, that have the potential of producing a dangerous evolution of heat, fire, or short circuit (e.g., those being returned to the manufacturer for safety reasons) may be transported by highway, rail or vessel only, and must be packaged as follows: (1) Each cell or battery must be placed in individual, non-metallic inner packaging that completely encloses the cell or battery; (2) The inner packaging must be surrounded by cushioning material that is non-combustible, non-conductive, and absorbent; and (3) Each inner packaging must be individually placed in one of the following packagings meeting the applicable requirements of part 178, subparts L, M, P and Q of this subchapter at the Packing Group I level: (i) Metal (4A, 4B, 4N), wooden (4C1, 4C2, 4D, 4F), or solid plastic (4H2) box; (ii) Metal (1A2, 1B2, 1N2), plywood (1D), or plastic (1H2) drum; or (iii) For a single battery or for a single battery contained in equipment, the following rigid large packagings are authorized: (A) Metal (50A, 50B, 50N); (B) Rigid plastic (50H); (C) Plywood (50D); and (4) The outer package must be marked with an indication that the package contains a ``Damaged/defective lithium ion battery'' and/or ``Damaged/defective lithium metal battery'' as appropriate. (g) Approval. A lithium cell or battery that does not conform to the provisions of this subchapter may be transported only under conditions approved by the Associate Administrator. 0 19. In Sec. 173.199, revise paragraph (a)(5) to read as follows: Sec. 173.199 Category B infectious substances. (a) * * * (5) The following square-on-point mark must be displayed on the outer packaging on a background of contrasting color. The width of the line forming the border must be at least 2 mm (0.08 inches) and the letters and numbers must be at least 6 mm (0.24 inches) high. The size of the mark must be such that no side of the diamond is less than 50 mm (1.97 inches) in length as measured from the outside of the lines forming the border. The proper shipping name ``Biological substances, Category B'' must be marked on the outer packaging adjacent to the diamond-shaped mark in letters that are at least 6 mm (0.24 inches) high. [GRAPHIC] [TIFF OMITTED] TR23NO15.001 (i) Transitional exception--A marking in conformance with the requirements of this paragraph in effect on December 31, 2014, may continue to be used until December 31, 2016. (ii) For domestic transportation, a packaging marked prior to January 1, 2017 and in conformance with the requirements of this paragraph in effect on December 31, 2014, may continue in service until the end of its useful life. * * * * * 0 20. In Sec. 173.302, revise paragraph (a) to read as follows: Sec. 173.302 Filling of cylinders with nonliquefied (permanent) compressed gases or adsorbed gases. (a) General requirements. (1) A cylinder filled with a non- liquefied compressed gas (except gas in solution) must be offered for transportation in accordance with the requirements of this section and Sec. 173.301. In addition, a DOT specification cylinder must meet the requirements in Sec. Sec. 173.301a, 173.302a and 173.305, as applicable. UN pressure receptacles must meet the requirements in Sec. Sec. 173.301b and 173.302b, as applicable. Where more than one section applies to a cylinder, the most restrictive requirements must be followed. (2) Adsorbed gas. A cylinder filled with an adsorbed gas must be offered for transportation in accordance with the requirements of paragraph (d) of this section, Sec. 173.301, and Sec. 173.302c. UN cylinders must meet the requirements in Sec. Sec. 173.301b and 173.302b, as applicable. Where more than one section applies to a cylinder, the most restrictive requirements must be followed. * * * * * 0 21. In Sec. 173.309, revise paragraph (e)(2) to read as follows: Sec. 173.309 Fire extinguishers. * * * * * (e) * * * [[Page 72928]] (2) The valves are protected in accordance with Sec. 173.301b(c)(2)(i), (ii), (iii) or (v); and * * * * * 0 22. In Sec. 173.314, revise paragraph (k)(2) to read as follows: Sec. 173.314 Compressed gases in tank cars and multi-unit tank cars. * * * * * (k) * * * (2) DOT105J500W tank cars may be used as authorized packagings, as prescribed in this subchapter for transporting ``UN 1017, Chlorine, 2.3 (8), Poison Inhalation Hazard, Zone B, RQ,'' if the tank cars meet all DOT specification requirements, and the tank cars are equipped with combination safety relief valves with a start-to-discharge pressure of 360 psi, rather than the 356 psi. The start-to-discharge pressure setting must be marked on the pressure relief device in conformance with applicable provisions of the AAR Specification for Tank Cars (IBR, see Sec. 171.7 of this subchapter). * * * * * Sec. 173.334 [Amended] 0 23. Amend Sec. 173.334 in paragraph (b) to remove the word ``education'' and add the word ``eduction'' in its place. 0 24. In Sec. 173.417, revise paragraph (b)(2) to read as follows: Sec. 173.417 Authorized fissile materials packages. * * * * * (b) * * * (2) Type B(U) or Type B(M) packaging that also meets the applicable requirements for fissile material packaging in Section VI of the International Atomic Energy Agency ``Regulations for the Safe Transport of Radioactive Material, SSR-6,'' and for which the foreign Competent Authority certificate has been revalidated by the U.S. Competent Authority in accordance with Sec. 173.473. These packagings are authorized only for import and export shipments. * * * * * 0 25. In Sec. 173.420, revise paragraphs (a)(2)(i) and (d)(2) to read as follows: Sec. 173.420 Uranium hexafluoride (fissile, fissile excepted and non- fissile). (a) * * * (2) * * * (i) American National Standard N14.1 in effect at the time the packaging was manufactured; or * * * * * (d) * * * (2) The conditions of Sec. Sec. 173.24, 173.24a, and 173.421(a) and (d) are met. * * * * * Sec. 173.422 [Amended] 0 26. Amend Sec. 173.422, in paragraph (c), to remove the reference to``175.700(b)'' and add the reference ``175.705'' in its place. 0 27. In Sec. 173.423, revise paragraph (a)(2) to read as follows: Sec. 173.423 Requirements for multiple hazard limited quantity Class 7 (radioactive) materials. (a) * * * (2) Packaged to conform with the requirements specified in Sec. 173.421(a) through (e) or Sec. 173.424(a) through (g), as appropriate; and * * * * * 0 28. In Sec. 173.426, revise paragraph (c) to read as follows: Sec. 173.426 Excepted packages for articles containing natural uranium or thorium. * * * * * (c) The conditions specified in Sec. 173.421 (b), (c) and (d) are met; and * * * * * 0 29. In Sec. 173.428, revise paragraph (a) to read as follows: Sec. 173.428 Empty Class 7 (radioactive) materials packaging. * * * * * (a) The packaging meets the requirements of Sec. 173.421 (b), (c), and (e) of this subpart; * * * * * 0 30. In Sec. 173.436, revise footnote (b) following the table to read as follows: Sec. 173.436 Exempt material activity concentrations and exempt consignment activity limits for radionuclides. * * * * * \b\ Parent nuclides and their progeny included in secular equilibrium are listed as follows: Sr-90 Y-90 Zr-93 Nb-93m Zr-97 Nb-97 Ru-106 Rh-106 Ag-108m Ag-108 Cs-137 Ba-137m Ce-144 Pr-144 Ba-140 La-140 Bi-212 Tl-208 (0.36), Po-212 (0.64) Pb-210 Bi-210, Po-210 Pb-212 Bi-212, Tl-208 (0.36), Po-212 (0.64) Rn-222 Po-218, Pb-214, Bi-214, Po-214 Ra-223 Rn-219, Po-215, Pb-211, Bi-211, Tl-207 Ra-224 Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64), Ra-226 Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po- 210 Ra-228 Ac-228 Th-228 Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po- 212 (0.64) Th-229 Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209 Th-nat Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi- 212, Tl-208 (0.36), Po-212 (0.64) Th-234 Pa-234m U-230 Th-226, Ra-222, Rn-218, Po-214 U-232 Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64) U-235 Th-231 U-238 Th-234, Pa-234m U-nat Th-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb- 214, Bi-214, Po-214, Pb-210, Bi-210, Po-210 Np-237 Pa-233 Am-242m Am-242 Am-243 Np-239 * * * * * PART 175--CARRIAGE BY AIRCRAFT 0 31. The authority citation for part 175 continues to read as follows: Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.81 and 1.97. 0 32. In Sec. 175.10 revise paragraphs (a)(17)(v)(D) and (E) to read as follows: Sec. 175.10 Exceptions for passengers, crewmembers, and air operators. (a) * * * (17) * * * (v) * * * (D) The battery must not exceed 300 Watt-hour (Wh); and (E) A maximum of one spare battery not exceeding 300 Wh or two spares not exceeding 160 Wh each may be carried; * * * * * PART 176--CARRIAGE BY VESSEL 0 33. The authority citation for part 176 continues to read as follows: Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97. Sec. 176.104 [Amended] 0 34. Amend 176.104 in paragraph (c)(3) to remove the word ``hoods'' and add the word ``hooks'' in its place. Sec. 176.116 [Amended] 0 35. Amend Sec. 176.116 in paragraph (e)(3) to remove the reference ``46 CFR 72.05-10(a)(1)'' and add the reference ``46 CFR 72.05- 10(c)(1)'' in its place. 0 36. In Sec. 176.905, revise paragraph (i) to read as follows: Sec. 176.905 Stowage of motor vehicles or mechanical equipment. * * * * * (i) Exceptions. A vehicle or mechanical equipment is excepted from the requirements of this subchapter if any of the following are met: (1) The vehicle or mechanical equipment has an internal combustion [[Page 72929]] engine using liquid fuel that has a flashpoint less than 38 [deg]C (100[emsp14][deg]F), the fuel tank is empty, installed batteries are protected from short circuit, and the engine is run until it stalls for lack of fuel; (2) The vehicle or mechanical equipment has an internal combustion engine using liquid fuel that has a flashpoint of 38 [deg]C (100[emsp14][deg]F) or higher, the fuel tank contains 450 L (119 gallons) of fuel or less, installed batteries are protected from short circuit, and there are no fuel leaks in any portion of the fuel system; (3) The vehicle or mechanical equipment is stowed in a hold or compartment designated by the administration of the country in which the vessel is registered as specially designed and approved for vehicles and mechanical equipment and there are no signs of leakage from the battery, engine, fuel cell, compressed gas cylinder or accumulator, or fuel tank, as appropriate. For vehicles with batteries connected and fuel tanks containing gasoline transported by U.S. vessels, see 46 CFR 70.10-1 and 90.10-38; (4) The vehicle or mechanical equipment is electrically powered solely by wet electric storage batteries (including non-spillable batteries) or sodium batteries and the installed batteries are protected from short circuit; (5) The vehicle or mechanical equipment is equipped with liquefied petroleum gas or other compressed gas fuel tanks, the tanks are completely emptied of liquefied or compressed gas and the positive pressure in the tank does not exceed 2 bar (29 psig), the fuel shut-off or isolation valve is closed and secured, and installed batteries are protected from short circuit; or (6) The vehicle or mechanical equipment is powered by a fuel cell engine, the engine is protected from inadvertent operation by closing fuel supply lines or by other means, and the fuel supply reservoir has been drained and sealed. * * * * * PART 177--CARRIAGE BY PUBLIC HIGHWAY 0 37. The authority citation for part 177 continues to read as follows: Authority: 49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126 Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97. 0 38. In Sec. 177.838, revise the section heading and paragraph (g) to read as follows: Sec. 177.838 Class 4 (flammable solid) materials, Class 5 (oxidizing) materials, and Division 4.2 (pyrophoric liquid) materials. * * * * * (g) A motor vehicle may only contain 45.4 kg (100 pounds) or less net mass of material described as ``Smokeless powder for small arms, Division 4.1'' or ``Black powder for small arms, Division 4.1.'' * * * * * PART 178--SPECIFICATIONS FOR PACKAGINGS 0 39. The authority citation for part 178 continues to read as follows: Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97. Sec. 178.71 [Amended] 0 40. Amend Sec. 178.71 in paragraph (p)(15) to remove the phrase ``1SO 11114-1'' and add the phrase ``ISO 11114-1'' in its place. Sec. 178.801 [Amended] 0 41. In Sec. 178.801, redesignate paragraphs (l)(2)(viii) through (xi) as (l)(2)(vii) through (x). PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS 0 42. The authority citation for part 180 continues to read as follows: Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97. 0 43. In Sec. 180.213, revise paragraph (f)(1) to read as follows: Sec. 180.213 Requalification markings. * * * * * (f) * * * (1) For designation of the 5-year volumetric expansion test, 10- year volumetric expansion test for UN cylinders and cylinders conforming to Sec. 180.209(f) and (h), or 12-year volumetric expansion test for fire extinguishers conforming to Sec. 173.309(a) of this subchapter and cylinders conforming to Sec. 180.209(e) and (g), the marking is as illustrated in paragraph (d) of this section. * * * * * Issued in Washington, DC, on November 17, 2015 under authority delegated in 49 CFR part 1.97. Marie Therese Dominguez, Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2015-29683 Filed 11-20-15; 8:45 am] BILLING CODE 4910-60-P
![72914 Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION contact information, and similar errors. Organization’s Technical Instructions
In this final rule, we are correcting (ICAO TI) for the Safe Transport of
Pipeline and Hazardous Materials typographical errors, incorrect Dangerous Goods by Air. The text at the
Safety Administration references to the Code of Federal end of paragraph (c), applicable to
Regulations (CFR) and international transportation by highway prior to or
49 CFR Parts 171, 172, 173, 175, 176, standards citations, inconsistent use of after transportation by aircraft, states a
177, 178 and 180 terminology, misstatements of certain ‘‘motor vehicle must be placarded in
regulatory requirements, and accordance with subpart F of part 172’’,
[Docket No. PHMSA–2015–0103 (HM–260)]
inadvertent omissions of information, but does not reference that part 172
RIN 2137–AF11 and making revisions to clarify the belongs to Subchapter C. In this final
regulations. Of the corrections and
rule, we are revising paragraph (c) to
Hazardous Materials: Editorial clarifications made in this final rule, a
make this clarification.
Corrections and Clarifications (RRR) significant number originate from three
recent final rules under the following Part 172
AGENCY: Pipeline and Hazardous dockets: PHMSA–2009–0063 (HM–250)
Materials Safety Administration [79 FR 40590]; PHMSA–2009–0095 Section 172.101
(PHMSA), DOT. (HM–224F)] [79 FR 46012]; and
ACTION: Final rule. This section prescribes the purpose
PHMSA–2013–0260 (HM–215M) [80 FR
and instructions for use of the § 172.102
1075]. Because these amendments do
SUMMARY: This final rule corrects not impose new requirements, notice Hazardous Materials Table (HMT). We
editorial errors, makes minor regulatory and public comment are unnecessary. are making a number of editorial
changes and, in response to requests for corrections to several entries in the
clarification, improves the clarity of II. Section-by-Section Review HMT. The editorial corrections are as
certain provisions in the Hazardous The following is a section-by-section follows:
Materials Regulations. The intended summary of the minor editorial • In a final rule published under
effect of this rule is to enhance the corrections and clarifications made in
accuracy and reduce misunderstandings Docket Number PHMSA–2012–0080
this final rule. (HM–244E) [77 FR 60935], the entry for
of the regulations. The amendments
contained in this rule are non- Part 171 ‘‘Aminophenols (o-; m-; p-), UN2512’’
substantive changes and do not impose Section 171.22 was amended to correct a publication
new requirements. error in Column (2). In making the
This section prescribes the correction, the text in Columns (3)
DATES: This regulation is effective authorization and conditions for use of
December 23, 2015. through (10B) was inadvertently
international standards and regulations. removed and left blank. This final rule
FOR FURTHER INFORMATION CONTACT: The wording at the end of paragraph corrects that error by reinstating the text
Aaron Wiener, Standards and (f)(4) applicable to shipping paper
Rulemaking Division, (202) 366–8553, in Columns (3) through (10B) for
retention, states ‘‘§ 172.201(e) of this
Pipeline and Hazardous Materials Safety UN2512 as it read on prior to the HM–
part’’, which incorrectly assigns it to 49
Administration, U.S. Department of CFR part 171. As § 172.201(e), is not in 244E rulemaking October 5, 2012.
Transportation, 1200 New Jersey part 171, in this final rule, the text is Amendments to Column (1) Symbols
Avenue SE., 2nd Floor, Washington, DC revised to read ‘‘§ 172.201(e) of this
20590–0001. subchapter.’’ • For the entry ‘‘Environmentally
SUPPLEMENTARY INFORMATION: hazardous substances, solid, n.o.s,
Section 171.23
I. Background
UN3077,’’ the symbol ‘‘G’’ is added to
Section 171.23 prescribes Column (1) as it was inadvertently
II. Section-by-Section Review
III. Regulatory Analyses and Notices
requirements for specific materials and removed when the entry was amended
A. Statutory/Legal Authority for the packagings transported under various in a final rule published under Docket
Rulemaking international standards. Paragraph Number PHMSA 2011–0158 (HM–233C)
B. Executive Orders 12866 and 13563 and (a)(4)(ii) contains a grammatical error [79 FR 15033].
DOT Regulatory Policies and Procedures stating the word ‘‘drive’’ instead of
C. Executive Order 13132 ‘‘device.’’ In this final rule, we are • For the entry ‘‘Self-heating solid,
D. Executive Order 13175 correcting this grammatical error. organic, n.o.s, UN3088,’’ the symbol
E. Regulatory Flexibility Act, Executive Additionally, the text in the middle of ‘‘G’’ is added to Column (1) as it was
Order 13272, and DOT Policies and paragraph (a)(5), applicable to cylinders inadvertently removed when the entry
Procedures not equipped with pressure relief was amended in a final rule published
F. Executive Order 13563 Improving
devices, states the cylinders must be under Docket Number PHMSA 2011–
Regulation and Regulatory Review
G. Paperwork Reduction Act ‘‘tested and marked in accordance with 0158 (HM–233C) [79 FR 15033].
H. Regulatory Identifier Number (RIN) part 178 of this subchapter and
otherwise conforms to the requirements Amendments to Column (2) Hazardous
I. Unfunded Mandates Reform Act
of part 173 for the gas involved’’, but Materials Descriptions and Proper
J. Environmental Assessment
K. Privacy Act does not reference that part 173 belongs Shipping Names
to subchapter C. In this final rule, we
I. Background • For the entry ‘‘N-Aminoethyl
are revising (a)(5) to make this
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The Pipeline and Hazardous Materials piperazine, UN2815,’’ the space
clarification.
Safety Administration (PHMSA) between ‘‘N-Aminoethyl’’ and
annually reviews the Hazardous Section 171.24 ‘‘piperazine’’ is removed to read ‘‘N-
Materials Regulations (HMR; 49 CFR Section 171.24 provides additional Aminoethylpiperazine’’ as the space
parts 171–180) to identify typographical requirements for the use of the was inadvertently introduced in the
errors, outdated addresses or other International Civil Aviation HM–215M final rule.
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• For the entry ‘‘Ammonia solutions, Column (5) is removed for consistency Amendments to Column (9) Quantity
relative density less than 0.880 at 15 with ‘‘Batteries, containing sodium, Limitations
degrees C in water, with more than 35 UN3292,’’ as amended in the HM–215M • For the entry ‘‘Self-heating solid,
percent but not more than 50 percent final rule. organic, n.o.s, UN3088, PG III,’’ the
ammonia, UN2073,’’ the plural
• In a final rule published under Quantity Limitation in Column (9A) is
‘‘solutions’’ is revised to read ‘‘solution’’ revised to read ‘‘25 kg’’ as it was
Docket Number PHMSA–2013–0041
consistent with the International inadvertently changed when the entry
Maritime Dangerous Goods (IMDG) (HM–215K, HM–215L, HM–218G and
HM–219) [77 FR 65453], PHMSA was amended in a final rule published
Code, the ICAO TI, the United Nations
revised the HMT entry ‘‘Petroleum sour under Docket Number PHMSA 2011–
Recommendations on the Transport of
crude oil, flammable, toxic, UN3494,’’ 0158 (HM–233C) [79 FR 15033].
Dangerous Goods (UN Model
that had been erroneously placed • For the entry ‘‘Self-heating solid,
Regulations).
• For the entry ‘‘Ammonia solutions, between the Packing Group II and III organic, n.o.s, UN3088, PG III,’’ the
relative density between 0.880 and 0.957 petroleum oil entries under NA1270. In Quantity Limitation in Column (9B) is
at 15 degrees C in water, with more than making the correction, the Packing revised to read ‘‘100 kg’’ as it was
10 percent but not more than 35 percent Group II and III entries for UN3494 were inadvertently changed when the entry
ammonia, UN2672,’’ the plural inadvertently omitted. This final rule was amended in a final rule published
‘‘solutions’’ is revised to read ‘‘solution’’ under Docket Number PHMSA 2011–
corrects that error by reinstating the
as it was inadvertently changed when 0158 (HM–233C) [79 FR 15033].
Packing Group II and III entries for
the entry was amended in a final rule • For the entry ‘‘Self-reactive solid
UN3494.
published under Docket Number type B, UN3222,’’ the Quantity
PHMSA 2011–0158 (HM–233C) [79 FR Amendments to Column (6) Label Codes Limitation in Columns (9A) and (9B) are
15033]. revised to read ‘‘Forbidden.’’ When this
• For ‘‘Organometallic substance, entry was revised in a final rule
• For the entry ‘‘Batteries, dry,
liquid, water-reactive, UN3398,’’ the published under Docket Number
containing potassium hydroxide solid,
Class 3 subsidiary hazard code is PHMSA 2011–0142 (HM–219) [78 FR
electric storage, UN3028,’’ the phrase
‘‘electric storage’’ was inadvertently removed from the Packing Group II and 14702], Columns (9A) and (9B) were
changed from italicized to non-italicized III entries. These subsidiary hazard inadvertently revised from ‘‘Forbidden’’
text in the HM–215M final rule. In this codes were inadvertently added when to ‘‘(1)’’ and ‘‘(2)’’ respectively. This
final rule, the italicized text is the entries were revised in the HM–215 entry was subsequently revised in a
reinstated. final rule. Federal Register correction document
• For the entry ‘‘Environmentally (78 FR 17874), but due to a publication
Amendments to Column (7) Special error it was not transitioned into the
hazardous substances, solid, n.o.s, Provisions
UN3077,’’ the plural ‘‘substances’’ is printed or electronic versions of the
revised to read ‘‘substance’’ as it was • For the entry ‘‘Combustible liquid, CFR. In this rulemaking, PHMSA is
inadvertently changed when the entry n.o.s., NA1993,’’ special provision T4 is reinstating the correct quantity
was amended in a final rule published removed. Special Provisions T1 and T4 limitation notation of ‘‘Forbidden’’ in
under Docket Number PHMSA 2011– are both currently assigned to this entry; Columns (9A) and (9B) for this entry.
0158 (HM–233C) [79 FR 15033]. however, only one portable tank code Amendments to Column (10) Vessel
• For the entry ‘‘Paint, corrosive, should be listed as both cannot be used Stowage Requirements
flammable (including paint, lacquer, when building and constructing a
enamel, stain, shellac solutions, • Two entries exist for
portable tank. Special provision T1 is ‘‘Trinitrobenzene, dry or wetted with
varnish, polish, liquid filler, and liquid listed correctly. Special provision T4
lacquer base), UN3470,’’ the word less than 30 percent water, by mass,
was inadvertently added when UN0214.’’ One entry indicates ‘‘4’’ in
‘‘solutions’’ was inadvertently added to
amending the entry in a final rule Column (10A) and the other ‘‘04’’. In
the italicized text in the HM–215M final
published under Docket Number RSPA– this final rule both entries are removed
rule. In this final rule, the word
2000–7702 (HM–215D) [66 FR 33316]. and the correct entry with ‘‘04’’ in
‘‘solutions’’ is removed.
• For the entry ‘‘Printing ink, • For the entries ‘‘Lithium ion Column (10A) is re-added.
flammable or Printing ink related batteries including lithium ion polymer • For the PG III entry for ‘‘Oxidizing
material (including printing ink thinning batteries, UN3480’’ and ‘‘Lithium metal solid, corrosive, n.o.s, UN3085,’’ the
or reducing compound), flammable, batteries including lithium alloy Vessel Stowage in Column (10B) is
UN1210,’’ the first instance of the word batteries, UN3090,’’ special provision corrected from ‘‘F56’’ to read ‘‘56’’ as
‘‘flammable’’ was inadvertently changed A54 is added in Column (7). Special the ‘‘F’’ was inadvertently added when
from italicized to non-italicized text in provision A54 was inadvertently the entry was revised in the HM–215M
the HM–215M final rule. In this final removed when these entries were final rule.
rule, the italicized text is reinstated. revised in the HM–215M final rule. Section 172.102
• For the entry ‘‘Trinitrobenzene,
wetted with not less than 30 percent Amendments to Column (8B) Non-Bulk Section 172.102 lists special
water, by mass, UN1354,’’ the word Packaging Authorizations provisions applicable to the
‘‘wetted’’ was inadvertently changed transportation of specific hazardous
from non-italicized to italicized text in • For the entry ‘‘Self-heating solid, materials. Special provisions contain
organic, n.o.s, UN3088, PG III,’’ the packaging requirements, prohibitions,
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the HM–215M final rule. In this final
rule, the non-italicized text is reinstated. packaging authorization is revised to and exceptions applicable to particular
read ‘‘213’’ as it was inadvertently quantities or forms of hazardous
Amendments to Column (5) Packing changed when the entry was amended materials. In a final rule published
Group in a final rule published under Docket under Docket Number PHMSA 2011–
• For the entry ‘‘Cells, containing Number PHMSA 2011–0158 (HM–233C) 0158 (HM–233C) [79 FR 15033],
sodium, UN3292,’’ the Packing Group in [79 FR 15033]. PHMSA incorporated DOT–SP 12825 to
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the entry in the HMT for ‘‘UN2990, Life- paragraph numbering of § 173.421 were Section 173.185
saving appliances, self-inflating,’’ by not amended in the HM–250 Section 173.185 sets forth packaging
adding a new special provision 338 in rulemaking. In this final rule, PHMSA is requirements and certain conditional
Column 7. The special permit was revising paragraph (b) to reflect the exceptions for the transport of lithium
limited only to transport by motor appropriate paragraphs of § 173.421. batteries. The HM–224F final rule
vehicle; however, the special provision revised this section in its entirety. This
was added without the modal Section 173.8
final rule makes thirteen editorial
limitation. Therefore, in this final rule, This section provides exceptions for corrections and clarifications to
PHMSA is revising special provision § 173.185 as follows:
non-specification packagings used in
338 to clarify applicability to motor 1. Paragraph (b)(4)(i) is revised to
intrastate transportation. Paragraph (a)
vehicle only. clarify that the outer packaging
In the HM–250 final rule, the of § 173.8, authorizes transport of non-
specification bulk packaging by an requirement only applies to lithium
paragraphs contained in § 173.421 were
intrastate motor carrier until July 1, cells or batteries contained in
renumbered. The HM–215M rulemaking
2000. In this final rule, we are removing equipment when an outer packaging is
subsequently added special provision
and reserving paragraph (a) as this used.
369, but did not incorporate the 2. In paragraph (b)(4)(iii) applicable to
paragraph renumbering of § 173.421. In transition date has expired.
spare lithium cells or batteries packed
this final rule, PHMSA is revising Section 173.25 with equipment the word ‘‘ion’’ is
special provision 369 to reflect the removed to clarify that this requirement
appropriate paragraphs of § 173.421 This section provides requirements applies not only to lithium ion cells and
along with some grammatical revisions. for packages utilizing overpacks. In the batteries, but also to lithium metal cells
Section 172.202 HM–250 final rule, paragraph (a)(4) was and batteries. This editorial revision
revised to require the ‘‘OVERPACK’’ clarifies the intent discussed in the HM–
Section 172.202 establishes marking for Class 7 (radioactive)
requirements for shipping descriptions 224 final rule preamble on 79 FR 46019
material when a Type A, Type B(U), (third column).
on shipping papers. In paragraph (d), Type B(M) or industrial package is
the example for a technical name in 3. In paragraph (b)(5), the reference to
required. Paragraph (a)(4) was (b)(4) is replaced with (b)(3)(iii) as (b)(4)
association with the basic description is subsequently revised in the HM–215M
in a sequence that is no longer does not contain UN performance
final rule by specifying the minimum packaging requirements.
authorized under the HMR. In this final size requirement for the ‘‘OVERPACK’’
rule, the sequence is revised by placing 4. Paragraph (c) is revised to clarify
marking. In making the HM–215M that the UN performance packaging
the identification number at the revision the requirement added in the
beginning of the sequence. requirements in both paragraphs
HM–250 final rule was inadvertently (b)(3)(ii) and (b)(3)(iii) do not apply to
Section 172.203 omitted. We are revising paragraph any packages containing smaller lithium
Section 172.203 prescribes additional (a)(4) to include the requirements added cells and batteries meeting the
shipping paper requirements for ‘‘n.o.s.’’ in both the HM–250 and HM–215 final conditions of paragraph (c) including
and generic shipping descriptions. The rules. packages that contain lithium metal
example in paragraph (k)(1) for cells and batteries packed with, or
Section 173.127 contained in equipment. Previous to the
‘‘UN2924’’ is missing the Class 8
subsidiary risk. In this final rule, the Section 173.127 provides a definition revision in this final rule, paragraph (c)
subsidiary risk is added to the example. and criteria for the assignment of excepted smaller lithium cells and
packing groups for Division 5.1 batteries from the UN performance
Section 172.502 packaging requirements in paragraphs
oxidizers. In the HM–215M final rule,
Section 172.502 specifies prohibited PHMSA authorized an alternative test (b)(3)(ii) and (b)(4) of this section. While
and permissive placarding for assigning packing groups to Division the original intent was to except all
requirements. In this final rule, 5.1 oxidizing solids. Due to an incorrect smaller lithium cells and batteries from
paragraph (b)(3), applicable to use of a regulatory instruction, the paragraph the UN performance packaging, a
safety sign or safety slogan (e.g., ‘‘Drive (b)(2) was inadvertently removed. In potential conflict was identified with
Safely’’ or ‘‘Drive Carefully’’), is regard to smaller lithium cells and
this final rule, PHMSA is reinstating the
removed as the transitional provision is batteries packed with equipment
paragraph (b)(2) text.
expired. because the requirements in
Section 173.156 (b)(3)(iii)(A) and (B) indicate that such
Section 172.704
batteries must meet the Packing Group
Section 172.704 specifies the Section 173.156 prescribes exceptions II performance requirements as
requirements for hazardous materials for limited quantity and ORM material. specified in paragraph (b)(3)(ii). Because
training. In this final rule, the expired In a final rule published under Docket the requirements of (b)(3)(iii) were not
transitional provision in paragraph Number PHMSA–2013–0041 (HM– specifically excepted in paragraph (c),
(e)(2), applicable to training for railway 215K, HM–215L, HM–218G and HM– this caused confusion leading some
employees, is removed. 219) [78 FR 65454], paragraph (b)(2)(vi) offerors and carriers to inquire if smaller
Part 173 was removed which was the last lithium cells and batteries packed with
paragraph in the section. As a result, the equipment are subject to the UN
Section 173.4 preceding paragraph (b)(2)(v) became performance packaging requirements.
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This section provides requirements the last paragraph in the section and As a result, in this final rule, we are
for shipments of small quantities by presently ends with ‘‘; and’’ instead of revising paragraph (c) to clarify smaller
highway and rail. In the HM–250 final a period. In this rule, we are replacing lithium cells and batteries are excepted
rule, the paragraphs contained in ‘‘and’’ at the end of paragraph (b)(2)(v) from the entirety of UN performance
§ 173.421 were renumbered. Multiple with a period and adding ‘‘and’’ to the packaging requirements in paragraphs
sections referencing the previous end of paragraph (b)(2)(iv). (b)(3)(ii) and (b)(3)(iii) while also
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removing the reference to (b)(4) because ‘‘cell’’ is marked on a package was revised for consistency with the UN
it does not contain UN performance containing lithium ‘‘cells,’’ meaning that Model Regulations. In making the
packaging requirements. word ‘‘battery’’ is used to describe revision, the square-on-point marking
5. In paragraph (c)(1)(v) applicable to packages containing both lithium cells graphic ‘‘UN3373’’ was inadvertently
markings for lithium metal batteries, and batteries. This differs from removed. In this final rule, the graphic
incorrect references to paragraphs (c)(3)(i)(A), which requires an indication is reinstated in paragraph (a)(5).
(c)(1)(ii) and (c)(1)(iii) are replaced with that the package contains ‘‘lithium
correct references to paragraphs metal’’ or ‘‘lithium ion’’ cells or Section 173.302
(c)(1)(iii) and (c)(1)(iv). batteries, as appropriate. As discussed This section specifies requirements
6. Paragraph (c)(2) is revised to clarify in the HM–224F preamble (79 FR 46022, for the filling of cylinders with non-
that for lithium batteries packed with third column) we stated the lithium- liquefied (permanent) compressed gases.
equipment, either the package battery handling label that is required In the HM–215M final rule, PHMSA
containing the batteries may be for air transport may be used by all adopted the provisions in UN Model
individually drop tested, or the modes provided it conveys the Regulations for the transportation of
completed package containing both the information required by the HMR. The adsorbed gases in cylinders. PHMSA
batteries and equipment may be present air transportation requirements amended the title of this section and
subjected to the 1.2 meter drop test. for the lithium battery handling marking paragraph (a) to include and specify
This is consistent with intent of the in both the HMR and the ICAO only requirements for the transportation of
HM–224F final rule to align the require use of the word ‘‘battery’’ (even adsorbed gases. Due to a regulatory
provisions of the HMR with the for packages containing cells). Therefore instruction error, the revisions to
provisions prescribed in Packing a ‘‘lithium battery handling marking’’ paragraph (a) were not included in the
Instruction(s) 966 and 969 of the 2013– that would be compliant when CFR. In this final rule, PHMSA is
2014 edition of the ICAO TI. transporting lithium cells by air would adding the revisions to paragraph (a) as
7. Paragraph (c)(3) is revised to not satisfy the hazard communication intended in the HM–215M final rule as
eliminate redundant requirements for requirement for other modes that published in 80 FR 1161, instruction
air transportation by moving marking require an indication the package number 48.
requirements from paragraph (c)(4)(i) to contains ‘‘cells’’. As a result, we are
paragraph (c)(3). This revision clarifies revising (c)(3)(i)(A) to clarify that the Section 173.309
that all four of the documentation word ‘‘battery’’ may be used to satisfy
requirements in (c)(3)(ii)(A)–(D) [now Section 173.309 prescribes
the marking requirements of packages requirements for fire extinguishers. In
(c)(3)(iii)(A)–(D)] are applicable to air containing ‘‘cells.’’
shipments. This revision also clarifies the HM–215M final rule, provisions for
9. Paragraph (c)(3)(i)(A) applicable to transporting large fire extinguishers
that for air transport both the markings marking requirements for excepted
prescribed in (c)(3)(i)(A)–(D) and the air unpackaged were added in a new
lithium batteries is revised to clarify paragraph (e). Paragraph (e)(2) requires
handling mark are not required. that a package must be marked with an
Paragraph (c)(3)(i) is revised to clarify that the valves must be protected in
indication that it contains ‘‘lithium accordance with § 173.301(c)(2)(i), (ii),
that the marking requirements metal’’ and/or ‘‘lithium ion’’ batteries
prescribed in (c)(3)(i)(A)–(D) are (iii) or (v). The references to § 173.301(c)
and is not limited to one or the other are incorrect as the applicable
applicable for transport by highway, type and for consistency with (c)(4)(i)(C)
rail, and vessel and may be alternatively requirements are located in
[now (c)(3)(ii)(C)], which contains the § 173.301b(c). In this final rule, PHMSA
satisfied by use of the air handling text ‘‘and/or.’’
mark. In addition, by consolidating the is revising paragraph (e)(2) to correctly
10. Paragraph (c)(4)(ii) [now (c)(4)(iii)] reference § 173.301b(c)(2)(i), (ii), (iii) or
small battery hazard communication is revised by removing the redundant
requirements in paragraph (c)(3), it is (v).
documentation requirements already
clarified that the handling marking is required in paragraph (c)(3). Section 173.314
not required for a package containing 11. Paragraph (c)(4)(v) [now (c)(4)(vi)],
button cell batteries installed in is revised to clarify that it does not This section prescribes requirements
equipment (including circuit boards), or apply to lithium cells or batteries for transporting compressed gases in
no more than four lithium cells or two packed with or contained in equipment. tank cars and multi-unit tank cars. In
lithium batteries installed in the When transported by air, for small paragraph (k)(2), the basic description
equipment. Although this particular lithium cells or batteries packed with or for chlorine is in a sequence that is no
exception is unchanged in paragraph contained in equipment, the quantity longer authorized under the HMR. In
(c)(3), there was some confusion on the limitations are prescribed in (c)(4)(iii) this final rule, the sequence is revised
part of shippers and carriers as to [now (c)(4)(iv]. by placing the identification number at
whether the exception was also 12. In paragraph (e)(3), the reference the beginning of the sequence.
intended to apply to air shipments as to (b)(4) is replaced with (b)(3)(iii) as Section 173.334
there was previously no clear exception (b)(4) does not contain UN performance
from the requirement in paragraph (c)(4) packaging requirements. Section 173.334 prescribes packaging
to apply the air handling mark for 13. Paragraph (f)(3)(iii) is revised by and filling requirements for organic
batteries installed in equipment. removing the word ‘‘large’’ from the phosphates mixed with compressed gas.
8. As required by the previous phrase ‘‘single large battery’’ as the term In paragraph (b), the word ‘‘education’’
paragraph (c)(4)(i)(C) [now (c)(3)(ii)(C)], ‘‘large’’ refers to the package, not the is replaced with the word ‘‘eduction,’’
the asterisk on the air handling mark as originally intended.
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battery.
must be replaced with the phrase Section 173.417
‘‘lithium ion battery’’ and/or ‘‘Lithium Section 173.199
metal battery.’’ Consistent with the This section prescribes the packaging Section 173.417 discusses authorized
ICAO TI, there is no requirement in the requirements and exceptions for fissile materials packages. The HM–250
previous paragraph (c)(4)(i)(C) [now Category B infectious substances. In the final rule removed paragraph (b)(3)
(c)(3)(ii)(C)], to indicate that the word HM–215M final rule, paragraph (a)(5) leaving the preceding paragraph (b)(2)
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ending with ‘‘; or’’. In this final rule, referencing the previous paragraph Section 176.905
‘‘;or’’ is replaced with a period (‘‘.’’). numbering of § 173.421 were not Section 176.905 prescribes specific
amended in the HM–250 rulemaking. In requirements for motor vehicles or
Section 173.420
this final rule, PHMSA is revising mechanical equipment powered by
Section 173.420 prescribes the paragraph (a) to reflect the appropriate internal combustion engines that are
transport conditions for uranium paragraphs of § 173.421. offered for transportation and
hexafluoride. The HM–250 final rule transported by vessel. In the HM–215M
removed and reserved paragraph Section 173.436
final rule, PHMSA aligned the
(a)(2)(ii) which ended in ‘‘; or’’. In this This section contains exempt material conditions for exception from the
rule, the word ‘‘or’’ is added to the end activity concentrations and exempt subchapter in paragraph (i) with those
of the preceding paragraph (a)(2)(i). In consignment activity limits for recently adopted by the IMO. Due to an
addition, in this rule, paragraph (d)(2) is radionuclides. In the HM–250 final rule, incorrect regulatory instruction, the
amended to correct an error made in footnote b, which provides a list of paragraph (i) introductory text was
HM–215M by replacing references to parent nuclides and their progeny listed inadvertently removed. In this final
§§ 173.421(a)(1) and (a)(4) with in secular equilibrium was amended. rule, PHMSA is reinstating the
§§ 173.421(a) and (d). For the entry ‘‘RA–226,’’ Bi–214 was paragraph (i) introductory text.
listed twice. In this final rule, PHMSA
Section 173.422 Part 177
is removing the duplicate progeny entry
Section 173.422 prescribes additional of Bi–214 from footnote b. Section 177.838
requirements for excepted packages
containing Class 7 (radioactive) Part 175 Section 177.838 prescribes specific
materials. Paragraph (c) requires the Section 175.10 loading and unloading requirements for
reporting of decontamination in Class 4 (flammable solid) materials,
Section 175.10 specifies the Class 5 (oxidizing) materials, and
accordance with §§ 174.750, 175.700(b), conditions for which passengers, crew
or 176.710 dependent on the mode of Division 4.2 (pyrophoric liquid)
members, or an operator may carry materials when carried by public
transportation. In a final rule published hazardous materials aboard a passenger
under Docket Number RSPA–02–11654 highway. In this final rule, PHMSA is
aircraft. In the HM–224F final rule, revising the section heading by
(HM–228) [71 FR 14586], the reporting Watt-hours were adopted in place of
requirements in § 175.700(b) were replacing the word ‘‘pyroforic’’ with the
‘‘equivalent lithium content,’’ as the correct spelling ‘‘pyrophoric.’’ In
moved to § 175.705. In this final rule, measure of power (or size) of a lithium
PHMSA is revising paragraph (c) by addition, paragraph (g) of § 177.838 is
ion cell or battery (see 79 FR 46012 and revised to clarify that the limitation that
replacing the reference to § 175.700(b) 46015). In paragraph (a)(17)(v),
with § 175.705. a motor vehicle may only contain 45.4
applicable to wheelchairs or other kg (100 pounds) or less net mass of
Section 173.423 mobility aids powered by lithium ion material described as ‘‘Smokeless
Section 173.423 prescribes batteries the phrase ‘‘equivalent lithium powder for small arms, Division 4.1’’
requirements for multiple hazard content’’ was inadvertently retained. We also includes ‘‘Black powder for small
limited quantity Class 7 materials. In the are revising § 175.10(a)(17)(v)(D) and (E) arms, Division 4.1’’. This clarification
HM–250 final rule, the paragraphs by replacing references to equivalent will provide consistency with the
contained in § 173.421 were lithium content with Watt-hours. The requirements and limitations of
renumbered. Multiple sections revision states that the battery must not §§ 173.170 and 173.171 which
referencing the previous paragraph exceed 300 Watt-hours and that a respectively authorize Black powder for
numbering of § 173.421 were not maximum of one spare battery not small arms that has been classed in
amended in the HM–250 rulemaking. In exceeding 300 Watt-hours or two spares Division 1.1 and Smokeless powder for
this final rule, PHMSA is revising not exceeding 160 Watt-hours each may small arms that has been classed as
paragraph (a)(2) to reflect the be carried. Division 1.3 or Division 1.4 to be
appropriate paragraphs of § 173.421. Part 176 reclassed as a Division 4.1 material for
domestic transportation by highway,
Section 173.426 Section 176.104 provided certain conditions are met.
Section 173.426 prescribes Section 176.104 prescribes Sections 173.170 and 173.171 further
requirements for excepted packages for requirements for loading and unloading provide, respectively, that the total
articles containing natural uranium or Class 1 materials. Paragraph (c)(3) quantity of the re-classed black powder
thorium. In the HM–250 final rule, the contains a grammatical error stating the or smokeless powder in one motor
paragraphs contained in § 173.421 were word ‘‘hoods’’ instead of ‘‘hooks.’’ In vehicle may not exceed 45.4 kg (100
renumbered. Multiple sections this final rule, we are correcting this pounds) net mass.
referencing the previous paragraph grammatical error. Part 178
numbering of § 173.421 were not
Section 176.116 Section 178.71
amended in the HM–250 rulemaking. In
this final rule, PHMSA is revising Section 176.116 prescribes the general Section 178.71 prescribes
paragraph (c) to reflect the appropriate stowage conditions for Class 1 explosive specifications for UN pressure
paragraphs of § 173.421. materials. Paragraph (e)(3) contains a receptacles. We are revising paragraph
reference to the Class A60 standard that (p)(15) to correct a typographical error
Section 173.428 is defined in 46 CFR 72.05–10(a)(1).
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by replacing the ‘‘1’’ in ‘‘1SO 11114–1’’
This section provides transport However, 46 CFR 72.05–10(a)(1) does with an ‘‘I’’ to read ‘‘ISO 11114–1’’ .
requirements for empty Class 7 not exist and, therefore, does not
(radioactive) materials packaging. In the provide the definition for the Class A60 Section 178.801
HM–250 final rule, the paragraphs standard. In this final rule, the citation Section 178.801 sets forth
contained in § 173.421 were is corrected to read 46 CFR 72.05– recordkeeping requirements for IBC
renumbered. Multiple sections 10(c)(1). packaging manufacturers, design type
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![Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Rules and Regulations 72919
testers, and periodic retesters. In C. Executive Order 13132 or technological information used to
paragraph (l)(2), subparagraph (vii) was This final rule has been analyzed in support regulatory action; consider how
inadvertently skipped when the accordance with the principles and to best promote retrospective analysis to
paragraph was revised in a final rule criteria in Executive Order 13132 modify, streamline, expand, or repeal
published under Docket Number (‘‘Federalism’’). This final rule does not existing rules that are outmoded,
PHMSA–2013–0041 (HM–215K, HM– adopt any regulation that: (1) Has ineffective, insufficient, or excessively
215L, HM–218G and HM–219) [77 FR substantial direct effects on the states, burdensome.
65453]. We are revising paragraph (l)(2) the relationship between the national A complete review of the existing
to correct the subparagraph numbering government and the states, or the HMR led to the identification of various
sequence. distribution of power and minor errors in the HMR.
responsibilities among the various The correction of these errors will
Part 180 clarify current text while maintaining
levels of government; or (2) imposes
Section 180.213 substantial direct compliance costs on the intent of the regulations affected.
state and local governments. PHMSA is This final rule is designed to address
This section prescribes requirements not aware of any state, local, or Indian those errors by making non-substantive
for requalification markings for tribe requirements that would be changes to the HMR such as editorial
cylinders. We are revising paragraph preempted by correcting editorial errors changes, spelling corrections, removal
(f)(1) to correct the reference to and making minor regulatory changes. of transitional requirements that are no
§ 173.309(b) to read ‘‘§ 173.309(a).’’ This final rule does not have sufficient longer applicable and formatting
federalism impacts to warrant the modifications. This final rule corrects
III. Regulatory Analyses and Notices these errors but does not require the
preparation of a federalism assessment.
A. Statutory/Legal Authority for This application of Executive Order 13563.
D. Executive Order 13175 The final rule does however clarify the
Rulemaking
This final rule has been analyzed in regulatory text thus improving the
This final rule is published under accordance with the principles and regulations.
authority of 49 U.S.C. 5103(b), which criteria contained in Executive Order
authorizes the Secretary of G. Paperwork Reduction Act
13175 (‘‘Consultation and Coordination
Transportation to prescribe regulations with Indian Tribal Governments’’). This final rule imposes no new
for the safe transportation, including Because this final rule does not have information collection requirements.
security, of hazardous material in tribal implications, does not impose H. Regulation Identifier Number (RIN)
intrastate, interstate, and foreign substantial direct compliance costs on
commerce. The purpose of this final Indian tribal governments, and does not A regulation identifier number (RIN)
rule is to remove inadvertent errors in preempt tribal law, the funding and is assigned to each regulatory action
the hazardous materials table, consultation requirements of Executive listed in the Unified Agenda of Federal
grammatical and typographical errors, Order 13175 do not apply, and a tribal Regulations. The Regulatory Information
and, in response to requests for summary impact statement is not Service Center publishes the Unified
clarification, improve the clarity of required. Agenda in April and October of each
certain provisions in the Hazardous year. The RIN number contained in the
E. Regulatory Flexibility Act, Executive heading of this document can be used
Materials Regulations. The changes Order 13272, and DOT Procedures and
made in this final rule are considered to cross-reference this action with the
Policies Unified Agenda.
non-substantive and this is published as
a direct final rule. This final rule will not have a
I. Unfunded Mandates Reform Act
significant economic impact on a
B. Executive Orders 12866 and 13563 substantial number of small entities. This rule does not impose unfunded
and DOT Regulatory Policies and This rule makes minor editorial changes mandates under the Unfunded
Procedures that will not impose any new Mandates Reform Act of 1995. It does
requirements on persons subject to the not result in costs of $141.3 million or
This final rule is not considered a HMR; thus, there are no direct or more to either state, local, or tribal
significant regulatory action under indirect adverse economic impacts for governments, in the aggregate, or to the
section 3(f) of Executive Order 12866 small units of government, businesses, private sector, and is the least
and, therefore, was not reviewed by the or other organizations. burdensome alternative that achieves
Office of Management and Budget. This the objectives of the rule.
rule is not significant under the F. Executive Order 13563 Improving
Regulatory Policies and Procedures of Regulation and Regulatory Review J. Environmental Assessment
the Department of Transportation (44 FR Executive Order 13563 supplements The National Environmental Policy
11034). Additionally, E.O. 13563 and reaffirms the principles, structures, Act of 1969 (NEPA), as amended (42
supplements and reaffirms E.O. 12866, and definitions governing regulatory U.S.C. 4321–4347), and implementing
stressing that, to the extent permitted by review that were established in regulations by the Council on
law, an agency rulemaking action must Executive Order 12866 Regulatory Environmental Quality (40 CFR part
be based on benefits that justify its Planning and Review of September 30, 1500) require Federal agencies to
costs, impose the least burden, consider 1993. In addition, Executive Order consider the consequences of Federal
cumulative burdens, maximize benefits, 13563 specifically requires agencies to: actions and prepare a detailed statement
use performance objectives, and assess (1) Involve the public in the regulatory on actions that significantly affect the
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available alternatives. This final rule process; (2) promote simplification and quality of the human environment.
does not impose new or revised harmonization through interagency The purpose of this rulemaking is to
requirements for hazardous materials coordination; (3) identify and consider correct editorial errors, make minor
shippers or carriers; therefore, it is not regulatory approaches that reduce regulatory changes and, in response to
necessary to prepare a regulatory impact burden and maintain flexibility; and (4) requests for clarification, improve the
analysis. ensure the objectivity of any scientific clarity of certain provisions in the HMR.
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![72920 Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Rules and Regulations
The intended effect of this rule is to 49 CFR Part 177 (4) * * *
enhance the accuracy and reduce Hazardous materials transportation, (ii) In addition to other requirements
misunderstandings of the regulations. Loading and unloading, Segregation and of this subchapter, the maximum filling
The amendments contained in this rule separation. density, service pressure, and pressure
are non-substantive changes and do not relief device for each cylinder conform
impose new requirements. Therefore, 49 CFR Part 178 to the requirements of this part for the
PHMSA has determined that the Hazardous materials transportation, gas involved; and
implementation of this final rule will Incorporation by reference, Motor * * * * *
not have any significant impact on the vehicle safety, Packaging and (5) Cylinders not equipped with
quality of the human environment. containers, Reporting and recordkeeping pressure relief devices: A DOT
K. Privacy Act requirements. specification or a UN cylinder
49 CFR Part 180 manufactured, inspected, tested and
Anyone is able to search the marked in accordance with part 178 of
electronic form of all comments Hazardous materials transportation, this subchapter and otherwise conforms
received into any of our dockets by the Incorporation by reference, Motor to the requirements of part 173 of this
name of the individual submitting the carriers, Motor vehicle safety, Packaging subchapter for the gas involved, except
comment (or signing the comment, if and containers, Railroad safety, that the cylinder is not equipped with
submitted on behalf of an association, Reporting and recordkeeping a pressure relief device may be filled
business, labor union, etc.). You may requirements. with a gas and offered for transportation
review DOT’s complete Privacy Act In consideration of the foregoing, and transported for export if the
Statement in the Federal Register PHMSA is amending 49 CFR Chapter I following conditions are met:
published on April 11, 2000 (65 FR as follows:
19477), which may be viewed at * * * * *
http://www.dot.gov/privacy. PART 171—GENERAL INFORMATION, ■ 4. In § 171.24, revise paragraph (c) to
REGULATIONS, AND DEFINITIONS read as follows:
List of Subjects
■ 1. The authority citation for part 171 § 171.24 Additional requirements for the
49 CFR Part 171 use of the ICAO Technical Instructions.
continues to read as follows:
Exports, Hazardous materials * * * * *
Authority: 49 U.S.C. 5101–5128, 44701;
transportation, Hazardous waste, (c) Highway transportation. For
Pub. L. 101–410 section 4 (28 U.S.C. 2461
Imports, Incorporation by reference, note); Pub. L. 104–134, section 31001; 49 transportation by highway prior to or
Reporting and recordkeeping CFR 1.81 and 1.97. after transportation by aircraft, a
requirements. shipment must conform to the
■ 2. In § 171.22, revise paragraph (f)(4)
49 CFR Part 172 to read as follows: applicable requirements of part 177 of
this subchapter, and the motor vehicle
Education, Hazardous materials § 171.22 Authorization and conditions for must be placarded in accordance with
transportation, Hazardous waste, the use of international standards and subpart F of part 172 of this subchapter.
Incorporation by reference, Labeling, regulations.
* * * * *
Markings, Packaging and containers, * * * * *
Reporting and recordkeeping (f) * * * PART 172—HAZARDOUS MATERIALS
requirements. (4) Each person who provides for TABLE, SPECIAL PROVISIONS,
49 CFR Part 173 transportation or receives for HAZARDOUS MATERIALS
transportation (see §§ 174.24, 175.30, COMMUNICATIONS, EMERGENCY
Hazardous materials transportation, 176.24 and 177.817 of this subchapter) RESPONSE INFORMATION, AND
Incorporation by reference, Packaging a shipping paper must retain a copy of TRAINING REQUIREMENTS
and containers, Radioactive materials, the shipping paper or an electronic
Reporting and recordkeeping image thereof that is accessible at or ■ 5. The authority citation for part 172
requirements, Uranium. through its principal place of business continues to read as follows:
49 CFR Part 175 in accordance with § 172.201(e) of this
Authority: 49 U.S.C. 5101–5128, 44701; 49
subchapter.
Air carriers, Hazardous materials CFR 1.81, 1.96 and 1.97.
* * * * *
transportation, Incorporation by ■ 6. In § 172.101, the Hazardous
■ 3. In § 171.23, revise paragraphs
reference, Radioactive materials, Materials Table is amended by removing
Reporting and recordkeeping (a)(4)(ii) and (a)(5) introductory text to
read as follows: the entries under ‘‘[REMOVE]’’, adding
requirements. entries under ‘‘[ADD]’’, and revising
49 CFR Part 176 § 171.23 Requirements for specific entries under [REVISE]’’ in the
materials and packagings transported appropriate alphabetical sequence to
Hazardous materials transportation, under the ICAO Technical Instructions, read as follows:
Incorporation by reference, Maritime IMDG Code, Transport Canada TDG
carriers, Radioactive materials, Regulations, or the IAEA Regulations. § 172.101 Purpose and use of hazardous
Reporting and recordkeeping * * * * * materials table.
requirements. (a) * * * * * * * *
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![Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Rules and Regulations 72921
(8) (9) (10)
Packaging (§ 173.* * *) Quantity limitations Vessel stowage
Hazardous materials Hazard Special
Sym- Identification Label (see §§ 173.27 and
descriptions and proper class or PG provisions
bols No. codes 175.75)
shipping names division (§ 172.102) Excep- Non-bulk Bulk Location Other
tions Passenger Cargo air-
aircraft/rail craft only
(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)
[REMOVE] ............................. .................... .................... ............ ............ ........................ ................ ................ ................ ................. ................. ................ ................
* * * * * * *
N-Aminoethyl piperazine ....... 8 UN2815 III 8 IB3, T4, TP1 154 203 241 5L 60 L A 12, 25
* * * * * * *
Ammonia solutions, relative 2.2 UN2073 2.2 N87 306 304 314, 315 Forbidden 150 kg E 40, 52,
density less than 0.880 at 57
15 degrees C in water,
with more than 35 percent
but not more than 50 per-
cent ammonia.
Ammonia solutions, relative 8 UN2672 III 8 336, IB3, IP8, 154 203 241 5L 60L A 40, 52,
density between 0.880 and T7, TP1 85
0.957 at 15 degrees C in
water, with more than 10
percent but not more than
35 percent ammonia.
* * * * * * *
Batteries, dry, containing po- 8 UN3028 8 237 None 213 None 25 kg 230 kg A 52
tassium hydroxide solid,
electric storage.
* * * * * * *
Environmentally hazardous 9 UN3077 III 9 8,146, 335, 155 213 240 No Limit No Limit A ................
substances, solid, n.o.s. A112, B54,
B120, IB8,
IP3, N20, N91,
T1, TP33
* * * * * * *
Paint, corrosive, flammable 8 UN3470 II 8, 3 367, IB2, T7, 154 202 243 1L 30 L B 40
(including paint, lacquer, TP2, TP8,
enamel, stain, shellac solu- TP28
tions, varnish, polish, liquid
filler, and liquid lacquer
base).
* * * * * * *
Printing ink, flammable or 3 UN1210 I 3 367, T11, 150 173 243 1L 30 L E ................
Printing ink related material TP1, TP8
(including printing ink
thinning or reducing com-
pound), flammable.
II 3 149, 367, IB2, 150 173 242 5L 60 L B ................
T4, TP1, TP8
III 3 367, B1, IB3, 150 173 242 60 L 220 L A ................
T2, TP1
* * * * * * *
Trinitrobenzene, dry or 1.1D UN0214 II 1.1D None 62 None Forbidden Forbidden 4 25
wetted with less than 30
percent water, by mass.
Trinitrobenzene, dry or 1.1D UN0214 II 1.1D None 62 None Forbidden Forbidden 04 25
wetted with less than 30
percent water, by mass.
Trinitrobenzene, wetted with 4.1 UN1354 I 4.1 23, A2, A8, None 211 None 0.5 kg 0.5 kg E 28, 36
not less than 30 percent A19, N41
water, by mass.
* * * * * * *
* * * * * * *
[ADD] ..................................... .................... .................... ............ ............ ........................ ................ ................ ................ ................. ................. ................ ................
* * * * * * *
N-Aminoethylpiperazine ........ 8 UN2815 III 8 IB3, T4, TP1 154 203 241 5L 60 L A 12, 25
* * * * * * *
Ammonia solution, relative 2.2 UN2073 2.2 N87 306 304 314, 315 Forbidden 150 kg E 40, 52,
density less than 0.880 at 57
15 degrees C in water,
with more than 35 percent
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but not more than 50 per-
cent ammonia.
Ammonia solution, relative 8 UN2672 III 8 336, IB3, IP8, 154 203 241 5L 60L A 40, 52,
density between 0.880 and T7, TP1 85
0.957 at 15 degrees C in
water, with more than 10
percent but not more than
35 percent ammonia.
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![72922 Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Rules and Regulations
(8) (9) (10)
Packaging (§ 173.* * *) Quantity limitations Vessel stowage
Hazardous materials Hazard Special
Sym- Identification Label (see §§ 173.27 and
descriptions and proper class or PG provisions
bols No. codes 175.75)
shipping names division (§ 172.102) Excep- Non-bulk Bulk Location Other
tions Passenger Cargo air-
aircraft/rail craft only
(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)
* * * * * * *
Batteries, dry, containing po- 8 UN3028 8 237 None 213 None 25 kg 230 kg A 52
tassium hydroxide solid,
electric storage.
* * * * * * *
G ........ Environmentally hazardous 9 UN3077 III 9 8, 146, 335, 155 213 240 No Limit No Limit A ................
substance, solid, n.o.s. 384 A112,
B54, B120,
IB8, IP3, N20,
N91, T1, TP33
* * * * * * *
Paint, corrosive, flammable 8 UN3470 II 8, 3 367, IB2, T7, 154 202 243 1L 30 L B 40
(including paint, lacquer, TP2, TP8,
enamel, stain, shellac, var- TP28
nish, polish, liquid filler,
and liquid lacquer base).
* * * * * * *
Printing ink, flammable or 3 UN1210 I 3 367, T11, 150 173 243 1L 30 L E ................
Printing ink related material TP1, TP8
(including printing ink
thinning or reducing com-
pound), flammable.
II 3 149, 367, IB2, 150 173 242 5L 60 L B ................
T4, TP1, TP8
III 3 367, B1, IB3, 150 173 242 60 L 220 L A ................
T2, TP1
* * * * * * *
Trinitrobenzene, dry or 1.1D UN0214 II 1.1D None 62 None Forbidden Forbidden 04 25
wetted with less than 30
percent water, by mass.
Trinitrobenzene, wetted with 4.1 UN1354 I 4.1 23, A2, A8, None 211 None 0.5 kg 0.5 kg E 28, 36
not less than 30 percent A19, N41
water, by mass.
* * * * * * *
[REVISE] ............................... .................... .................... ............ ............ ........................ ................ ................ ................ ................. ................. ................ ................
* * * * * * *
+ ........ Aminophenols (o-; m-; p-) ..... 6.1 UN2512 III 6.1 IB8, IP3, T1, 153 213 240 100 kg 200 kg A ................
TP33
* * * * * * *
Cells, containing sodium ....... 4.3 UN3292 ............ 4.3 189 189 189 25 kg No limit A ................
* * * * * * *
D G .... Combustible liquid, n.o.s. ...... Comb liq NA1993 III None IB3, T1, TP1 150 203 241 60 L 220 L A ................
* * * * * * *
Lithium ion batteries including 9 UN3480 ............ 9 A51, A54 185 185 185 5 kg 35 kg A ................
lithium ion polymer bat-
teries.
* * * * * * *
Lithium metal batteries in- 9 UN3090 ............ 9 A54 185 185 185 Forbidden 35 kg A ................
cluding lithium alloy bat-
teries.
* * * * * * *
G ........ Organometallic substance, 4.3 UN3398 I 4.3 T13, TP2, None 201 244 Forbidden 1L D 13, 40,
liquid, water-reactive. TP7, TP36, 52, 148
TP47
II 4.3 IB1, IP2, T7, None 202 243 1L 5L D 13, 40,
TP2, TP7, 52, 148
TP36, TP47
III 4.3 IB2, IP4, T7, None 203 242 5L 60 L E 13, 40,
TP2, TP7, 52, 148
TP36, TP47
* * * * * * *
G ........ Oxidizing solid, corrosive, 5.1 UN3085 I 5.1, 8 62 None 211 242 1 kg 15 kg D 13, 56,
n.o.s. 58, 138
II 5.1, 8 62, IB6, IP2, 152 212 242 5 kg 25 kg B 13, 34,
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T3, TP33 56, 58,
138
III 5.1, 8 62, IB8, IP3, 152 213 240 25 kg 100 kg B 13, 34,
T1, TP33 56, 58,
138
* * * * * * *
I .......... Petroleum sour crude oil, 3 UN3494 I 3, 6.1 343, T14, None 201 243 Forbidden 30 L D 40
flammable, toxic. TP2, TP13
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![Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Rules and Regulations 72923
(8) (9) (10)
Packaging (§ 173.* * *) Quantity limitations Vessel stowage
Hazardous materials Hazard Special
Sym- Identification Label (see §§ 173.27 and
descriptions and proper class or PG provisions
bols No. codes 175.75)
shipping names division (§ 172.102) Excep- Non-bulk Bulk Location Other
tions Passenger Cargo air-
aircraft/rail craft only
(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)
II 3, 6.1 343, IB2, T7, 150 202 243 1L 60 L D 40
TP2
III 3, 6.1 343, IB3, T4, 150 203 242 60 L 220 L C 40
TP1
* * * * * * *
G ........ Self-heating solid, organic, 4.2 UN3088 II 4.2 IB6, IP2, T3, None 212 241 15 kg 50 kg C ................
n.o.s. TP33
III 4.2 IB8, IP3, T1, None 213 241 25 kg 100 kg C ................
TP33, B116
* * * * * * *
G ........ Self-reactive solid type B ...... 4.1 UN3222 II 4.1 53 151 224 None Forbidden Forbidden D 25, 52,
53, 127
* * * * * * *
* * * * * 369 In accordance with § 173.2a, such as ‘‘contains’’ or ‘‘containing,’’
■ 7. In § 172.102, in paragraph (c)(1), this radioactive material in an excepted and/or the percentage of the technical
revise special provisions 338 and 369 to package possessing corrosive properties constituent may also be used. For
read as follows: is classified in Class 8 with a radioactive example: ‘‘UN 1993, Flammable liquids,
material subsidiary risk. Uranium n.o.s. (contains Xylene and Benzene), 3,
§ 172.102 Special Provisions. hexafluoride may be classified under II’’.
* * * * * this entry only if the conditions of
* * * * *
(c) * * * §§ 173.420(a)(4) and (a)(6), 173.420(d),
(1) * * * 173.421(b) and (d), and, for fissile- ■ 9. In § 172.203, revise paragraph (k)(1)
338 Life Saving appliances, self- excepted material, the conditions of to read as follows:
inflating transported by motor vehicle 173.453 are met. In addition to the
§ 172.203 Additional description
only between an U.S. Coast Guard provisions applicable to the transport of
requirements.
approved inflatable life raft servicing Class 8 substances, the provisions of
facility and a vessel are only subject to §§ 173.421(c), and 173.443(a) apply. In * * * * *
the following requirements: addition, packages shall be legibly and (k) * * *
a. Prior to repacking into the life- durably marked with an identification (1) If a hazardous material is a
saving appliance, an installed inflation of the consignor, the consignee, or both.
mixture or solution of two or more
cylinder must successfully meet and No Class 7 label is required to be
hazardous materials, the technical
pass all inspection and test criteria and displayed. The consignor shall be in
names of at least two components most
standards of the raft manufacturer and possession of a copy of each applicable
certificate when packages include fissile predominately contributing to the
the vessel Flag State requirements for hazards of the mixture or solution must
cylinders installed as part of life-saving material excepted by competent
authority approval. When a be entered on the shipping paper as
appliances, self-inflating (UN2990) used
consignment is undeliverable, the required by paragraph (k) of this section.
on marine vessels. Additionally, each
consignment shall be placed in a safe For example, ‘‘UN 2924, Flammable
cylinder must be visually inspected in
location and the appropriate competent liquid, corrosive, n.o.s., 3 (8), II
accordance with CGA pamphlet, CGA
C–6 (incorporated by reference, see authority shall be informed as soon as (contains Methanol, Potassium
§ 171.7). A current copy of CGA possible and a request made for hydroxide)’’.
pamphlet, CGA C–6 must be available at instructions on further action. If it is * * * * *
the facility servicing the life-saving evident that a package of radioactive
material, or conveyance carrying § 172.502 [Amended]
appliance.
b. An installed inflation cylinder that unpackaged radioactive material, is ■ 10. In § 172.502, remove paragraph
requires recharging must be filled in leaking, or if it is suspected that the (b)(3).
accordance with § 173.301(l). package, or conveyance carrying
unpackaged material, may have leaked, ■ 11. In § 172.704, revise paragraph
c. Every installed inflation cylinder, (e)(2) to read as follows:
as associated equipment of the life- the requirements of § 173.443(e) apply.
saving appliance, must be packed * * * * * § 172.704 Training requirements.
within the protective packaging of the ■ 8. In § 172.202, revise paragraph (d) to
read as follows: * * * * *
life raft and the life raft itself must
otherwise be in compliance with (e) * * *
§ 172.202 Description of hazardous
§ 173.219. material on shipping papers. (2) A railroad maintenance-of-way
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d. The serial number for each cylinder * * * * * employee or railroad signalman, who
must be recorded as part of the life- (d) Technical and chemical group does not perform any function subject to
saving appliance service record by the names may be entered in parentheses the requirements of this subchapter, is
U.S. Coast Guard-approved servicing between the proper shipping name and not subject to the training requirements
facility. hazard class or following the basic of paragraphs (a)(2), (a)(4), or (a)(5) of
* * * * * description. An appropriate modifier, this section.
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![72924 Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Rules and Regulations
PART 173—SHIPPERS—GENERAL (B) Any material which exhibits a (2) Each person who manufactures
REQUIREMENTS FOR SHIPMENTS mean pressure rise time less than the lithium cells or batteries must create a
AND PACKAGINGS pressure rise time of a 1:1 perchloric record of satisfactory completion of the
acid (50 percent)/cellulose mixture. testing required by this paragraph prior
■ 12. The authority citation for part 173 (ii) Packing Group II, any material to offering the lithium cell or battery for
continues to read as follows: which exhibits a mean pressure rise transport and must:
Authority: 49 U.S.C. 5101–5128, 44701; 49 time less than or equal to the pressure (i) Maintain this record for as long as
CFR 1.81, 1.96 and 1.97. rise time of a 1:1 aqueous sodium that design is offered for transportation
chlorate solution (40 percent)/cellulose and for one year thereafter; and
■ 13. In § 173.4, revise paragraph (b) to mixture and the criteria for Packing (ii) Make this record available to an
read as follows: Group I are not met. authorized representative of the Federal,
§ 173.4 Small quantities for highway and (iii) Packing Group III, any material state or local government upon request.
rail. which exhibits a mean pressure rise (3) Except for cells or batteries
* * * * * time less than or equal to the pressure meeting the requirements of paragraph
(b) A package containing a Class 7 rise time of a 1:1 nitric acid (65 (c) of this section, each lithium cell or
(radioactive) material also must conform percent)/cellulose mixture and the battery must:
criteria for Packing Group I and II are (i) Incorporate a safety venting device
to the requirements of § 173.421(a)
not met. or be designed to preclude a violent
through (e), § 173.424(a) through (g), or
■ 17. In § 173.156, revise paragraphs rupture under conditions normally
§ 173.426(a) through (c) as applicable.
(b)(2)(iv) and (v) to read as follows: incident to transport;
* * * * * (ii) Be equipped with effective means
§ 173.156 Exceptions for limited quantity of preventing external short circuits;
§ 173.8 [Amended] and ORM. and
■ 14. In § 173.8, remove and reserve * * * * * (iii) Be equipped with an effective
paragraph (a). (b) * * * means of preventing dangerous reverse
■ 15. In § 173.25, revise paragraph (a)(4) (2) * * * current flow (e.g., diodes or fuses) if a
to read as follows: (iv) The package conforms to the battery contains cells, or a series of cells
general packaging requirements of that are connected in parallel.
§ 173.25 Authorized packagings and
subpart B of this part; and (b) Packaging. (1) Each package
overpacks.
(v) The maximum net quantity of offered for transportation containing
(a) * * * hazardous material permitted on one
(4) The overpack is marked with the lithium cells or batteries, including
palletized unit is 250 kg (550 pounds). lithium cells or batteries packed with, or
word ‘‘OVERPACK’’ when specification ■ 18. Revise § 173.185 to read as
packagings are required, or for Class 7 contained in, equipment, must meet all
follows: applicable requirements of subpart B of
(radioactive) material when a Type A,
Type B(U), Type B(M) or industrial § 173.185 Lithium cells and batteries. this part.
As used in this section, lithium cell(s) (2) Lithium cells or batteries,
package is required. The ‘‘OVERPACK’’
or battery(ies) includes both lithium including lithium cells or batteries
marking is not required when the
metal and lithium ion chemistries. packed with, or contained in,
required markings representative of
Equipment means the device or equipment, must be packaged in a
each package type contained in the
apparatus for which the lithium cells or manner to prevent:
overpack are visible from outside of the (i) Short circuits;
overpack. The lettering on the batteries will provide electrical power (ii) Movement within the outer
‘‘OVERPACK’’ marking must be at least for its operation. package; and
12 mm (0.5 inches) high. (a) Classification. (1) Each lithium cell (iii) Accidental activation of the
(i) Transitional exception. A marking or battery must be of the type proven to equipment.
in conformance with the requirements meet the criteria in part III, sub-section (3) For packages containing lithium
of this paragraph in effect on December 38.3 of the UN Manual of Tests and cells or batteries offered for
31, 2014, may continue to be used until Criteria (IBR; see § 171.7 of this transportation:
December 31, 2016. subchapter). Lithium cells and batteries (i) The lithium cells or batteries must
(ii) For domestic transportation, an are subject to these tests regardless of be placed in non-metallic inner
overpack marked prior to January 1, whether the cells used to construct the packagings that completely enclose the
2017 and in conformance with the battery are of a tested type. cells or batteries, and separate the cells
requirements of this paragraph in effect (i) Cells and batteries manufactured or batteries from contact with
on December 31, 2014, may continue in according to a type meeting the equipment, other devices, or conductive
service until the end of its useful life. requirements of sub-section 38.3 of the materials (e.g., metal) in the packaging.
* * * * * UN Manual of Tests and Criteria, (ii) The inner packagings containing
■ 16. In § 173.127, paragraph (b)(2) is
Revision 3, Amendment 1 or any lithium cells or batteries must be placed
added to read as follows: subsequent revision and amendment in one of the following packagings
applicable at the date of the type testing meeting the requirements of part 178,
§ 173.127 Class 5, Division 5.1—Definition may continue to be transported, unless subparts L and M, of this subchapter at
and assignment of packing groups. otherwise provided in this subchapter. the Packing Group II level:
* * * * * (ii) Cell and battery types only (A) Metal (4A, 4B, 4N), wooden (4C1,
(b) * * * meeting the requirements of the UN 4C2, 4D, 4F), fiberboard (4G), or solid
(2) The packing group of a Division Manual of Tests and Criteria, Revision
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plastic (4H1, 4H2) box;
5.1 material which is a liquid shall be 3, are no longer valid. However, cells (B) Metal (1A2, 1B2, 1N2), plywood
assigned using the following criteria: and batteries manufactured in (1D), fiber (1G), or plastic (1H2) drum;
(i) Packing Group I for: conformity with such types before July (C) Metal (3A2, 3B2) or plastic (3H2)
(A) Any material which 2003 may continue to be transported if jerrican.
spontaneously ignites when mixed with all other applicable requirements are (iii) When packed with equipment,
cellulose in a 1:1 ratio; or fulfilled. lithium cells or batteries must:
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![72928 Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Rules and Regulations
(2) The valves are protected in § 173.422 [Amended] Th-229 Ra-225, Ac-225, Fr-221, At-
accordance with § 173.301b(c)(2)(i), (ii), ■ 26. Amend § 173.422, in paragraph 217, Bi-213, Po-213, Pb-209
(iii) or (v); and (c), to remove the reference Th-nat Ra-228, Ac-228, Th-228, Ra-
* * * * * to‘‘175.700(b)’’ and add the reference 224, Rn-220, Po-216, Pb-212, Bi-212, Tl-
■ 22. In § 173.314, revise paragraph ‘‘175.705’’ in its place. 208 (0.36), Po-212 (0.64)
(k)(2) to read as follows: ■ 27. In § 173.423, revise paragraph Th-234 Pa-234m
(a)(2) to read as follows: U-230 Th-226, Ra-222, Rn-218, Po-214
§ 173.314 Compressed gases in tank cars U-232 Th-228, Ra-224, Rn-220, Po-
and multi-unit tank cars. § 173.423 Requirements for multiple 216, Pb-212, Bi-212, Tl-208 (0.36), Po-
* * * * * hazard limited quantity Class 7 (radioactive) 212 (0.64)
(k) * * * materials. U-235 Th-231
(2) DOT105J500W tank cars may be (a) * * * U-238 Th-234, Pa-234m
used as authorized packagings, as (2) Packaged to conform with the U-nat Th-234, Pa-234m, U-234, Th-
prescribed in this subchapter for requirements specified in § 173.421(a) 230, Ra-226, Rn-222, Po-218, Pb-214, Bi-
transporting ‘‘UN 1017, Chlorine, 2.3 through (e) or § 173.424(a) through (g), 214, Po-214, Pb-210, Bi-210, Po-210
(8), Poison Inhalation Hazard, Zone B, as appropriate; and Np-237 Pa-233
RQ,’’ if the tank cars meet all DOT * * * * * Am-242m Am-242
specification requirements, and the tank ■ 28. In § 173.426, revise paragraph (c)
Am-243 Np-239
cars are equipped with combination to read as follows: * * * * *
safety relief valves with a start-to-
discharge pressure of 360 psi, rather § 173.426 Excepted packages for articles PART 175—CARRIAGE BY AIRCRAFT
than the 356 psi. The start-to-discharge containing natural uranium or thorium.
* * * * * ■ 31. The authority citation for part 175
pressure setting must be marked on the
(c) The conditions specified in continues to read as follows:
pressure relief device in conformance
with applicable provisions of the AAR § 173.421 (b), (c) and (d) are met; and Authority: 49 U.S.C. 5101–5128; 44701; 49
Specification for Tank Cars (IBR, see * * * * * CFR 1.81 and 1.97.
§ 171.7 of this subchapter). ■ 29. In § 173.428, revise paragraph (a) ■ 32. In § 175.10 revise paragraphs
* * * * * to read as follows: (a)(17)(v)(D) and (E) to read as follows:
§ 173.334 [Amended] § 173.428 Empty Class 7 (radioactive) § 175.10 Exceptions for passengers,
materials packaging. crewmembers, and air operators.
■ 23. Amend § 173.334 in paragraph (b)
to remove the word ‘‘education’’ and * * * * * (a) * * *
add the word ‘‘eduction’’ in its place. (a) The packaging meets the (17) * * *
■ 24. In § 173.417, revise paragraph requirements of § 173.421 (b), (c), and (v) * * *
(b)(2) to read as follows: (e) of this subpart; (D) The battery must not exceed 300
* * * * * Watt-hour (Wh); and
§ 173.417 Authorized fissile materials
■ 30. In § 173.436, revise footnote (b)
(E) A maximum of one spare battery
packages. not exceeding 300 Wh or two spares not
following the table to read as follows:
* * * * * exceeding 160 Wh each may be carried;
(b) * * * § 173.436 Exempt material activity * * * * *
(2) Type B(U) or Type B(M) packaging concentrations and exempt consignment
that also meets the applicable activity limits for radionuclides. PART 176—CARRIAGE BY VESSEL
requirements for fissile material * * * * *
packaging in Section VI of the b Parent nuclides and their progeny ■ 33. The authority citation for part 176
International Atomic Energy Agency included in secular equilibrium are continues to read as follows:
‘‘Regulations for the Safe Transport of listed as follows: Authority: 49 U.S.C. 5101–5128; 49 CFR
Radioactive Material, SSR–6,’’ and for Sr-90 Y-90 1.81 and 1.97.
which the foreign Competent Authority Zr-93 Nb-93m
§ 176.104 [Amended]
certificate has been revalidated by the Zr-97 Nb-97
U.S. Competent Authority in accordance Ru-106 Rh-106 ■ 34. Amend 176.104 in paragraph (c)(3)
with § 173.473. These packagings are Ag-108m Ag-108 to remove the word ‘‘hoods’’ and add
authorized only for import and export Cs-137 Ba-137m the word ‘‘hooks’’ in its place.
shipments. Ce-144 Pr-144 § 176.116 [Amended]
* * * * * Ba-140 La-140
■ 35. Amend § 176.116 in paragraph
■ 25. In § 173.420, revise paragraphs Bi-212 Tl-208 (0.36), Po-212 (0.64)
(e)(3) to remove the reference ‘‘46 CFR
(a)(2)(i) and (d)(2) to read as follows: Pb-210 Bi-210, Po-210
72.05–10(a)(1)’’ and add the reference
Pb-212 Bi-212, Tl-208 (0.36), Po-212
§ 173.420 Uranium hexafluoride (fissile, ‘‘46 CFR 72.05–10(c)(1)’’ in its place.
(0.64) ■ 36. In § 176.905, revise paragraph (i)
fissile excepted and non-fissile). Rn-222 Po-218, Pb-214, Bi-214, Po-
(a) * * * to read as follows:
214
(2) * * * Ra-223 Rn-219, Po-215, Pb-211, Bi- § 176.905 Stowage of motor vehicles or
(i) American National Standard N14.1 211, Tl-207 mechanical equipment.
in effect at the time the packaging was Ra-224 Rn-220, Po-216, Pb-212, Bi- * * * * *
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manufactured; or 212, Tl-208 (0.36), Po-212 (0.64), (i) Exceptions. A vehicle or
* * * * * Ra-226 Rn-222, Po-218, Pb-214, Bi- mechanical equipment is excepted from
(d) * * * 214, Po-214, Pb-210, Bi-210, Po-210 the requirements of this subchapter if
(2) The conditions of §§ 173.24, Ra-228 Ac-228 any of the following are met:
173.24a, and 173.421(a) and (d) are met. Th-228 Ra-224, Rn-220, Po-216, Pb- (1) The vehicle or mechanical
* * * * * 212, Bi-212, Tl-208 (0.36), Po-212 (0.64) equipment has an internal combustion
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![Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Rules and Regulations 72929
engine using liquid fuel that has a § 177.838 Class 4 (flammable solid) DEPARTMENT OF TRANSPORTATION
flashpoint less than 38 °C (100 °F), the materials, Class 5 (oxidizing) materials, and
fuel tank is empty, installed batteries are Division 4.2 (pyrophoric liquid) materials. National Highway Traffic Safety
protected from short circuit, and the * * * * * Administration
engine is run until it stalls for lack of (g) A motor vehicle may only contain
fuel; 45.4 kg (100 pounds) or less net mass of 49 CFR Part 541
(2) The vehicle or mechanical material described as ‘‘Smokeless [Docket No. NHTSA–2015–0067]
equipment has an internal combustion powder for small arms, Division 4.1’’ or
engine using liquid fuel that has a ‘‘Black powder for small arms, Division Final Theft Data; Motor Vehicle Theft
flashpoint of 38 °C (100 °F) or higher, 4.1.’’ Prevention Standard
the fuel tank contains 450 L (119 * * * * *
gallons) of fuel or less, installed AGENCY: National Highway Traffic
batteries are protected from short Safety Administration (NHTSA),
PART 178—SPECIFICATIONS FOR Department of Transportation.
circuit, and there are no fuel leaks in PACKAGINGS
any portion of the fuel system; ACTION: Publication of 2013 final theft
(3) The vehicle or mechanical data.
■ 39. The authority citation for part 178
equipment is stowed in a hold or continues to read as follows: SUMMARY: This document publishes the
compartment designated by the final data on thefts of model year (MY)
Authority: 49 U.S.C. 5101–5128; 49 CFR
administration of the country in which 1.81 and 1.97. 2013 passenger motor vehicles that
the vessel is registered as specially occurred in calendar year (CY) 2013,
designed and approved for vehicles and § 178.71 [Amended] including theft rates for existing
mechanical equipment and there are no passenger motor vehicle lines
■ 40. Amend § 178.71 in paragraph
signs of leakage from the battery, engine, manufactured in model year (MY) 2013.
(p)(15) to remove the phrase ‘‘1SO
fuel cell, compressed gas cylinder or DATES: Effective date: November 23,
11114–1’’ and add the phrase ‘‘ISO
accumulator, or fuel tank, as 2015.
11114–1’’ in its place.
appropriate. For vehicles with batteries
connected and fuel tanks containing § 178.801 [Amended] FOR FURTHER INFORMATION CONTACT: Ms.
gasoline transported by U.S. vessels, see Deborah Mazyck, Office of International
46 CFR 70.10–1 and 90.10–38; ■ 41. In § 178.801, redesignate Policy, Fuel Economy and Consumer
(4) The vehicle or mechanical paragraphs (l)(2)(viii) through (xi) as Programs, NHTSA, 1200 New Jersey
equipment is electrically powered solely (l)(2)(vii) through (x). Avenue SE., Washington, DC 20590. Ms.
by wet electric storage batteries Mazyck’s telephone number is (202)
PART 180—CONTINUING 366–4139. Her fax number is (202) 493–
(including non-spillable batteries) or QUALIFICATION AND MAINTENANCE
sodium batteries and the installed 2990.
OF PACKAGINGS SUPPLEMENTARY INFORMATION: NHTSA
batteries are protected from short
circuit; administers a program for reducing
■ 42. The authority citation for part 180 motor vehicle theft. The central feature
(5) The vehicle or mechanical continues to read as follows:
equipment is equipped with liquefied of this program is the Federal Motor
petroleum gas or other compressed gas Authority: 49 U.S.C. 5101–5128; 49 CFR Vehicle Theft Prevention Standard, 49
fuel tanks, the tanks are completely 1.81 and 1.97. CFR part 541. The standard specifies
emptied of liquefied or compressed gas performance requirements for inscribing
■ 43. In § 180.213, revise paragraph and affixing vehicle identification
and the positive pressure in the tank (f)(1) to read as follows:
does not exceed 2 bar (29 psig), the fuel numbers (VINs) onto certain major
shut-off or isolation valve is closed and § 180.213 Requalification markings. original equipment and replacement
secured, and installed batteries are parts of high-theft lines of passenger
* * * * *
protected from short circuit; or motor vehicles.
(f) * * * The agency is required by 49 U.S.C.
(6) The vehicle or mechanical
(1) For designation of the 5-year 33104(b)(4) to periodically obtain, from
equipment is powered by a fuel cell
volumetric expansion test, 10-year the most reliable source, accurate and
engine, the engine is protected from
volumetric expansion test for UN timely theft data and publish the data
inadvertent operation by closing fuel
cylinders and cylinders conforming to for review and comment. To fulfill this
supply lines or by other means, and the
§ 180.209(f) and (h), or 12-year statutory mandate, NHTSA has
fuel supply reservoir has been drained
volumetric expansion test for fire published theft data annually beginning
and sealed.
extinguishers conforming to § 173.309(a) with MYs 1983/84. Continuing to fulfill
* * * * * the section 33104(b)(4) mandate, this
of this subchapter and cylinders
conforming to § 180.209(e) and (g), the document reports the final theft data for
PART 177—CARRIAGE BY PUBLIC
marking is as illustrated in paragraph CY 2013, the most recent calendar year
HIGHWAY
(d) of this section. for which data are available.
In calculating the 2013 theft rates,
■ 37. The authority citation for part 177 * * * * *
NHTSA followed the same procedures it
continues to read as follows: Issued in Washington, DC, on November used in calculating the MY 2012 theft
Authority: 49 U.S.C. 5101–5128; sec. 112 17, 2015 under authority delegated in 49 CFR rates. (For 2012 theft data calculations,
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of Pub. L. 103–311, 108 Stat. 1673, 1676 part 1.97. see 79 FR 70115). As in all previous
(1994); sec. 32509 of Pub. L. 112–141, 126 Marie Therese Dominguez, reports, NHTSA’s data were based on
Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97.
Administrator, Pipeline and Hazardous information provided to NHTSA by the
■ 38. In § 177.838, revise the section Materials Safety Administration. National Crime Information Center
heading and paragraph (g) to read as [FR Doc. 2015–29683 Filed 11–20–15; 8:45 am] (NCIC) of the Federal Bureau of
follows: BILLING CODE 4910–60–P Investigation. The NCIC is a government
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Document Created: 2018-03-01 11:17:42
Document Modified: 2018-03-01 11:17:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This regulation is effective December 23, 2015. | |
| Contact | Aaron Wiener, Standards and Rulemaking Division, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC 20590-0001. | |
| FR Citation | 80 FR 72914 | |
| RIN Number | 2137-AF11 | |
| CFR Citation | 49
CFR
171 49 CFR 172 49 CFR 173 49 CFR 175 49 CFR 176 49 CFR 177 49 CFR 178 49 CFR 180 | |
| CFR Associated | Exports; Hazardous Materials Transportation; Hazardous Waste; Imports; Incorporation by Reference; Reporting and Recordkeeping Requirements; Education; Labeling; Markings; Packaging and Containers; Radioactive Materials; Uranium; Air Carriers; Maritime Carriers; Loading and Unloading; Segregation and Separation; Motor Vehicle Safety; Motor Carriers and Railroad Safety |
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