SUPPLEMENTARY INFORMATION:

 

Contents

I. Background

II. Overview of Proposed Changes in this NPRM

III. Overview of Amendments Not Being Considered for Adoption in this NPRM

IV. Section-by-Section Review

V. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

B. Executive Order 13132

C. Executive Order 13175

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

E. Paperwork Reduction Act

F. Regulatory Identifier Number (RIN)

G. Unfunded Mandates Reform Act

H. Environmental Assessment

I. Privacy Act

I. Background

On December 21, 1990, RSPA (we) published a final rule (Docket HM-181; 55 FR 52402) based on the UN Recommendations, which comprehensively revised the Hazardous Materials Regulations (HMR), 49 CFR parts 171 to 180, for harmonization with international standards. Since publication of the 1990 final rule, we have issued five additional international harmonization final rules (Dockets HM-215A, 59 FR 67390; HM-215B, 62 FR 24690; HM-215C, 64 FR 10742; HM-215D, 66 FR 33316; and HM-215E, 68 FR 44992). The rules provided additional harmonization with international transportation requirements by more fully aligning the HMR with the corresponding biennial updates of the UN Recommendations, the IMDG Code and the ICAO Technical Instructions.

The UN Recommendations are not regulations, but rather are recommendations issued by the UN Committee of Experts on the Transport of Dangerous Goods (TDG) and on the Globally Harmonized System of Classification and Labeling (GHS). These recommendations are amended and updated biennially by the UN Committee of Experts. They serve as the basis for National, regional, and international modal regulations; specifically, the IMDG Code issued by the International Maritime Organization (IMO), and the ICAO Technical Instructions issued by the ICAO. In 49 CFR 171.12, the HMR authorize domestic transportation of hazardous materials shipments prepared in accordance with the IMDG Code if all or part of the transportation is by vessel, subject to certain conditions and limitations. In § 171.11, subject to certain conditions and limitations, the HMR authorize the offering, acceptance and transport of hazardous materials by aircraft, and by motor vehicle either before or after being transported by aircraft, provided the shipment is in accordance with the ICAO Technical Instructions.

The continually increasing amount of hazardous materials transported in international commerce warrants the harmonization of domestic and international requirements to the greatest extent possible. Harmonization serves to facilitate international transportation and at the same time ensures the safety of people, property and the environment. While the intent of the harmonization rulemakings is to align the HMR with international standards, we review and consider each amendment on its own merit. Each amendment is considered on the basis of the overall impact on transportation safety and the economic implications associated with its adoption into the HMR. Our goal is to harmonize without sacrificing the current HMR level of safety and without imposing undue burdens on the regulated public. In our efforts to continue to align the HMR with international requirements, this notice of proposed rulemaking (NPRM) proposes changes to the HMR based on the Thirteenth Revised Edition of the ( printed page 34725) UN Recommendations, Amendment 32 to the IMDG Code, and the 2005-2006 ICAO Technical Instructions, which become effective January 1, 2005. Petitions for rulemaking concerning harmonization with international standards and the facilitation of international transportation are also addressed in this NPRM and serve as the basis of certain proposed amendments. Other proposed amendments are based on feedback from the regulated industry, other DOT modal administrations and our initiative. Also included are various proposed editorial clarifications. Unless otherwise stated, the proposed revisions are for harmonization with international standards.

II. Overview of Proposed Changes in This NPRM

Proposed amendments to the HMR in this NPRM include, but are not limited to the following:

• Amendments to the Hazardous Materials Table (HMT) which would add, revise or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, passenger and cargo aircraft maximum quantity limitations and vessel stowage provisions.
• Amendments to the List of Marine Pollutants.
• Revisions and additions of special provisions.
• Removal of the air eligibility marking requirement.
• Addition of a “KEEP AWAY FROM HEAT” marking requirement for packages offered for transportation by air.
• Amendment to require that aerosol cans that are carried aboard an aircraft in accordance with § 175.10(a)(4) have their release devices protected by a cap or other suitable means.
• A grandfather provision to allow the shipment of materials classified as corrosive to steel or aluminum under ASTM G 31-72.
• A provision to require that the word “overpack” be marked on overpacks to indicate that this marking implies that inside packages comply with prescribed specifications.
• An amendment to the criteria for classification of materials that are corrosive to metals.
• Revision of the limited quantity provisions for Class 6.1, PG II materials and other hazard classes of materials to take into account materials with a subsidiary hazard of 6.1, PG II.
• Amendments to the packaging requirements for materials classified as Division 6.1, Packing Group I, Hazard Zone A or Hazard Zone B.
• Revision of the organic peroxide packaging requirements in order to have one consolidated packaging section for organic peroxides. The revised section will include three separate tables for organic peroxides authorized for transport in non-bulk packagings, IBCs, and bulk packagings other than IBCs, respectively. Additionally, the packaging tables will be updated through the amendments to the organic peroxide requirements that will add, revise, or delete certain entries in the organic peroxide tables.

III. Overview of Amendments Not Being Considered for Adoption in This NPRM

This NPRM proposes changes to the HMR based on amendments to the Thirteenth Revised Edition of the UN Recommendations, Amendment 32 to the IMDG Code, and the 2005-2006 ICAO Technical Instructions, which become effective January 1, 2005. However, we are not proposing to adopt all of the amendments to those documents into the HMR. In many cases, amendments to the international regulation have not been adopted because of the framework or structure of the HMR. In several cases, we are handling certain amendments in separate rulemakings. For example, all amendments related to infectious substances are being handled under Docket HM-226A. In some instances, such as the amendment to ICAO TI to allow certain oxygen generators aboard passenger carrying aircraft, we do not believe the amendment to be in the interest of public safety.

If we have inadvertently omitted an amendment in this NPRM, we will attempt to include the omission in the final rule. However, our options for making changes in a final rule are limited by requirements of the Administrative Procedures Act. In some instances, we can adopt a provision inadvertently omitted from the NPRM if it is clearly within the scope of changes proposed in the notice, does not require substantive changes from the international standard on which it is based, and imposes minimal or no cost impacts on persons subject to the requirement. Otherwise, in order to provide opportunity for notice and comment the change must be proposed in an NPRM.

One of the goals of this rulemaking is to continue to maintain consistency between the HMR and the international requirements. We are not striving to “match-up” the HMR with the international regulations but rather striving to remove potential barriers to international transportation.

Below is a listing of those significant amendments to the international regulations that we are not proposing to adopt into the HMR with a brief explanation why:

• Requirements for infectious substances and genetically modified micro-organisms;

(Amendments to the HMR related to infectious substances will be addressed in a future rulemaking under Docket HM-226A. Several other Federal agencies regulate genetically modified micro-organisms; thus we do not plan to adopt provisions for their transport in the HMR.)

• Compressed gas cylinders;

(Amendments to the HMR related to compressed gas cylinders will be addressed in a future rulemaking under Docket HM-220E.)

• Environmentally hazardous substances;

(Delay in action pending further amendments to the international regulations.)

• Hazardous materials security;

(Amendments to the HMR related to the UN Model Regulation's hazardous materials security requirements were promulgated in a rulemaking under the HM-232 Docket series.)

• Requirements for radioactive materials;

(Amendments to the HMR related to Class 7 (radioactive) materials are being addressed in a rulemaking under the HM-230 Docket series.)

• Non-specification bulk packagings;

(We are not adopting the new requirements in the UN Recommendations for non-specification bulk packagings including the additional inspection, testing and marking requirements. We are unsure about the cost impacts of imposing these additional amendments and, therefore, are not proposing to adopt any additional amendments at this time.)

• The reference to EN 10028-3, Part 3 for defining steel grain size relevant to the definition of fine grain steel;

(We do not believe there is a need to adopt the European standard EN 10028-3, Part 3 because this standard is equivalent to ASTM E 112-96 (IBR, see § 171.7 of this subchapter). In addition, the ASTM standard is currently referenced in the HMR and is more commonly used and recognized in the U.S.)

• Bulk authorization for UN0331, UN0332 and UN3375;

(For several years, we have authorized, under exemption, the transport of certain blasting agents in bulk packagings. We are currently ( printed page 34726) reviewing those exemptions to determine if they should be included in the HMR. The amendments in the UN Recommendations related to the bulk authorizations for UN0331, UN0332 and UN3375 will be included in that review.)

• The removal of wooden barrel requirements;

(The removal of the wooden barrel requirements (2C1 and 2C2) may be considered in a future rulemaking.)

• The 24-hour gasket relaxation requirement;

(A requirement that removable head packagings for liquids not be drop tested until at least 24 hours after filling and closing to allow for any possible gasket relaxation was adopted in the thirteenth revised edition of the UN Model Regulations. We have conducted testing in coordination with drum manufacturers and have determined that this requirement is not substantiated by the results of the tests conducted. Therefore, we are not adopting into the HMR amendments relative to the 24-hour gasket relaxation requirement. We also opposed this requirement when it was considered by the UN TDG Sub-Committee.)

• Authorization to transport protective breathing equipment (PBE's) with an oxygen generator as cargo onboard a passenger-carrying aircraft.

(We do not believe that oxygen generators should be transported aboard passenger carrying aircraft. Therefore, we are not adopting the ICAO amendment that would allow oxygen generators in protective breathing equipment to be transported in passenger carrying aircraft.)

IV. Section-by-Section Review

Part 171

Section 171.7

Paragraph (a)(3) (incorporation by reference materials) would be updated to include the most recent edition of the ICAO Technical Instructions, the IMDG Code and the UN Recommendations. The updated editions of these standards become effective January 1, 2005. Additionally, the International Maritime Organization (IMO) recommends authorizing a one-year transition period, with a delayed compliance date of January 1, 2006, for the use of the updated edition (Amendment 32) of the IMDG Code.

The standards would be updated as follows:

• The ICAO Technical Instructions, 2005-2006 Edition.
• The IMDG Code, Amendment 32.
• The UN Recommendations, Thirteenth Edition.
• The UN Manual of Tests and Criteria, 4th Revised Edition.

Paragraph (b) (list of informational materials not requiring incorporation by reference) would be revised by adding an additional reference for a new method for determining the size of an emergency-relief device for portable tanks transporting organic peroxides. This revision is based on a petition for rulemaking numbered P-1428. The petition was submitted by Mr. Lynne Harris for the Organic Peroxides Producers Safety Division of the Society of the Plastics Industry, Inc.

The reference would be added as follows:

• The Society of the Plastics Industry, Inc., Organic Peroxide Producers Safety Division, 1801 K Street, NW., Suite 600K, Washington, DC 20006-1301. Example of a Test Method for Venting Sizing: OPPSD/SPI Methodology.

Section 171.8

The definition for “salvage packaging” would be revised to include the term “non-conforming.” The term “non-conforming” was added to the definition by the UN Committee of Experts in December 2000. In addition to situations involving damaged, defective or leaking packages of dangerous goods, occasionally an undamaged primary container is found to be tested to a performance level which is less than that required for the specific substance it contains ( e.g., a drum tested to PG II standards containing a PG I substance). In other instances, the primary container is found to be a non-performance tested packaging containing a regulated substance. In these situations, it may not be safe or practical to transfer the material to the correct packaging to continue on to the consignee. Therefore, the use of salvage packaging to contain “non-conforming” packages will minimize the risk to those handling the package during its transport back to the shipper or to an appropriate disposal location.

Section 171.11

Paragraph (d)(15) would be revised to clarify that the limitations therein also apply to oxygen generators contained in personal breathing equipment. In addition, paragraph (d)(17) would be revised to indicate that an organic peroxide that is not identified by a technical name in any of the organic peroxide tables found in § 173.225 of this subchapter must be approved by the Associate Administrator in accordance with the requirements of § 173.128(d) of this subchapter.

Section 171.12

In § 171.12, paragraph (b)(20) would be revised to indicate that an organic peroxide that is not identified by a technical name in any of the organic peroxide tables found in § 173.225 of this subchapter must be approved by the Associate Administrator in accordance with the requirements of § 173.128(d) of this subchapter.

Section 171.12a

Paragraph (a) would be revised to clarify the requirements for the return to Canada of bulk packagings that correspond to DOT or UN Specification. Paragraph (b)(9)(ii) would be revised to indicate that the shipping certification must be completed for shipments from Canada that enter the U.S. Paragraph (b)(18) would be revised to indicate that an organic peroxide that is not identified by a technical name in any of the organic peroxide tables found in § 173.225 of this subchapter must be approved by the Associate Administrator in accordance with the requirements of § 173.128(d) of this subchapter.

Section 171.14

Paragraphs (d) and (d)(1) would be revised to authorize a delayed implementation date for the proposed amendments in this NPRM. We are proposing an effective date of October 1, 2004, and a voluntary compliance date of January 1, 2005, to correspond with the effective implementation dates of the 2005-2006 ICAO Technical Instructions and Amendment 32 of the IMDG Code. This authorization would allow shippers to prepare their international shipments in accordance with international standards that will become effective on January 1, 2005. We are also, proposing to authorize a delayed compliance date of January 1, 2006, which is comparable to the transitional provisions provided in the final rule published under Docket HM-215E. The delayed mandatory compliance date would offer sufficient time to implement the new requirements.

Paragraph (d)(2) would be revised to authorize certain intermixing of old and new requirements.

Part 172

Section 172.101

In the regulatory text preceding the Hazardous Materials Table, we are proposing the following changes:

Paragraph (c)(11) and the corresponding note to paragraph (c)(11) would be amended to revise a section reference. The reference to § 173.225(c) ( printed page 34727) in the first sentence would be revised to read § 173.225(b) and the reference to § 173.225(c)(2) in the note to paragraph (c)(11) would be revised to read § 173.225(b)(2).

Paragraph (d)(4) would be revised by adding a statement indicating that when the abbreviation “Comb liq.” is found in the “Hazard class of division” column of the Hazardous Materials Table (column 3), the material falls into the “Combustible liquid” hazard class.

Paragraph (i)(3) of this section would be revised to specify that Column 7 of the Hazardous Materials Table contains additional bulk packaging authorizations and limitations for the use of UN portable tanks.

Section 172.101 The Hazardous Materials Table (HMT). We are proposing to make various amendments to the HMT. Readers should review all changes for a complete understanding of the proposed Table amendments. The HMT is being reprinted in its entirety due to the numerous changes. Proposed amendments to the HMT for the purpose of harmonizing with international standards, unless otherwise stated, include, but are not limited to the following:

• We propose to revise several entries by adding the qualifying word “liquid.” This action is consistent with the revisions to proper shipping names that were incorporated into the Thirteenth Revised Edition of the UN Recommendations. Affected entries would be as follows:

UN1392 Alkaline earth metal amalgam

UN1420 Potassium metal alloys

UN1422 Potassium sodium alloys

UN1701 Xylyl bromide

UN1742 Boron trifluoride acetic acid complex

UN1743 Boron trifluoride propionic acid complex

UN2235 Chlorobenzyl chlorides

UN2236 3-Chloro-4-methylphenyl isocyanate

UN2306 Nitrobenzotrifluorides

UN2445 Lithium alkyls

UN2552 Hexafluoroacetone hydrate

UN2937 alpha-Methylbenzyl alcohol

UN3276 Nitriles, toxic, n.o.s.

UN3278 Organophosphorus compound, toxic, n.o.s.

UN3280 Organoarsenic compound, n.o.s.

UN3282 Organometallic compound, toxic, n.o.s.

UN3281 Metal carbonyls, n.o.s.

• We propose to revise several entries by adding the qualifying word “solid.” This action is consistent with the revisions to proper shipping names that were incorporated into the Thirteenth Revised Edition of the UN Recommendations. Affected entries would be as follows:

UN1445 Barium chlorate

UN1447 Barium perchlorate

UN1459 Chlorate and magnesium chloride mixture

UN1470 Lead perchlorate

UN1578 Chloronitrobenzenes

UN1579 4-Chloro-o-toluidine hydrochloride

UN1650 beta-Naphthylamine

UN1680 Potassium cyanide

UN1689 Sodium cyanide

UN1690 Sodium fluoride

UN1697 Chloroacetophenone

UN1709 2,4-Toluylenediamine

UN1812 Potassium fluoride

UN1843 Ammonium dinitro-o-cresolate

UN2074 Acrylamide

UN2239 Chlorotoluidines

UN2261 Xylenols

UN2446 Nitrocresols

UN2662 Hydroquinone

UN3283 Selenium compound, n.o.s.

• We propose to revise several entries by removing the qualifying word “solid.” This action would provide consistency with the Thirteenth Revised Edition of the UN Recommendations and enable us to remove all corresponding solution entries. The affected entries would be as follows:

UN1489 Potassium perchlorate, solid

UN1598 Dinitro-o-cresol, solid

UN1638 Mercury iodide, solid

UN1740 Hydrogendifluorides, n.o.s. solid

UN2439 Sodium hydrogendifluoride, solid

• We propose to delete several entries. This action would remove from the HMR the solution form of entries that are not identified as solutions in the Thirteenth Revised Edition of the UN Recommendations. The deleted entries would be as follows:

UN1489 Potassium perchlorate, solution

UN1598 Dinitro-o-cresol, solution

UN1638 Mercury iodide, solution

UN1740 Hydrogendifluorides, n.o.s. solutions

UN2439 Sodium hydrogendifluoride solution

• We propose to revise the proper shipping name “Butadienes, stabilized,” UN1010 to read “Butadienes, stabilizedor Butadienes and hydrocarbon mixture, stabilized, containing more than 40% butadienes. ”
• We propose to revise the proper shipping name “Potassium hydrogendifluoride,solid, ” UN1811 to read “Potassium hydrogendifluoride, solid.”
• We propose to revise the proper shipping name “Refrigerating machines,containing non-flammable, non-toxic, liquefied gas or ammonia solution (UN2672),” UN2857 to read “Refrigerating machines containing non-flammable, non-toxic gases or ammonia solutions (UN2672). ”
• Four references to IB52 and four references to T23 would be removed from column 7 of the HMT. This change is necessary because IB52 and T23 would be relocated to § 173.225. The affected entries would be:

UN3109 Organic peroxide type F, liquid

UN3110 Organic peroxide type F, solid

UN3119 Organic peroxide type F, liquid, temperature controlled

UN3120 Organic peroxide type F, solid, temperature controlled

• IP5 would be removed from column 7 of the HMT for the following UN numbers:

UN1791 Hypochlorite solution

UN2014 Hydrogen peroxide, aqueous solution with not less than 20% but not more than 60% hydrogen peroxide ( stabilized as necessary).

UN3149 Hydrogen peroxide and peroxyacetic acid mixture with acid(s), water and not more than 5% peroxyacetic acid.

• We propose to delete several entries. This action is consistent with the deletion of proper shipping names that were incorporated into the Thirteenth Revised Edition of the UN Recommendations that we are proposing to adopt into the HMR. The entries identified by corresponding “UN” numbers are:

UN2003 Metal alkyls, water-reactive, n.o.s. or Metal aryls, water-reactive, n.o.s.

UN3049 Metal alkyl halides, water-reactive, n.o.s. or Metal aryl halides, water-reactive, n.o.s.

UN3050 Metal alkyl hydrides, water-reactive, n.o.s. or Metal aryl hydrides, water-reactive, n.o.s.

UN3207 Organometallic compound or Compound solution or Compound dispersion, water-reactive, flammable, n.o.s.

UN3203 Pyrophoric organometallic compound, water-reactive, n.o.s., liquid Pyrophoric organometallic compound, water-reactive, n.o.s., solid

UN3372 Organometallic compound, solid, water-reactive, flammable, n.o.s.

• We propose to add the following new entries. Many of these entries are the liquid or solid form of entries that are already listed in the HMT. This action is consistent with the addition of proper shipping names that were incorporated into the Thirteenth Revised Edition of the UN Recommendations. Affected entries would be as follows:

UN3377 Sodium perborate monohydrate

UN3378 Sodium carbonate peroxyhydrate

UN3379 Desensitized explosives, liquid, n.o.s.

UN3380 Desensitized explosives, solid, n.o.s.

UN3401 Alkali metal amalgam, solid

UN3402 Alkaline earth metal amalgam, solid

UN3403 Potassium metal alloys, solid

UN3404 Potassium sodium alloys, solid ( printed page 34728)

UN3405 Barium chlorate solution

UN3406 Barium perchlorate solution

UN3407 Chlorate and magnesium chloride mixture solution

UN3408 Lead perchlorate solution

UN3409 Chloronitrobenzenes, liquid

UN3410 4-Chloro-o-toluidine hydrochloride solution

UN3411 beta-Naphthylamine solution

UN3413 Potassium cyanide solution

UN3414 Sodium cyanide solution

UN3415 Sodium fluoride solution

UN3416 Chloroacetophenone, liquid

UN3417 Xylyl bromide, solid

UN3418 2,4-Toluylenediamine solution

UN3419 Boron trifluoride acetic acid complex, solid

UN3420 Boron trifluoride propionic, acid complex, solid

UN3421 Potassium hydrogendifluoride solution

UN3422 Potassium fluoride solution

UN3423 Tetramethylammonium hydroxide, solid

UN3424 Ammonium dinitro-o-cresolate solution

UN3425 Bromoacetic acid, solid

UN3426 Acrylamide solution

UN3427 Chlorobenzyl chlorides, solid

UN3428 3-Chloro-4-Methylphenyl isocyanate, solid

UN3429 Chloro-toluidines, liquid

UN3430 Xylenols, liquids

UN3431 Nitrobenzotrifluorides, solid

UN3432 Polychlorinated biphenyls, solid

UN3433 Lithium alkyls, solid

UN3434 Nitrocresols, liquid

UN3435 Hydroquinone solution

UN3436 Hexafluoroacetone hydrate, solid

UN3437 Chlorocresols, solid

UN3438 alpha-Methylbenzyl alcohol, solid

UN3439 Nitriles, toxic, solid, n.o.s.

UN3440 Selenium compound, liquid, n.o.s.

UN3441 Chlorodinitrobenzenes, solid

UN3442 Dichloroanilines, solid

UN3443 Dinitrobenzenes, solid

UN3444 Nicotine hydrochloride, solid

UN3445 Nicotine sulphate, solid

UN3446 Nitrotoluenes, solid

UN3447 Nitroxylenes, solid

UN3448 Tear gas substance, solid, n.o.s.

UN3449 Bromobenzyl cyanides, solid

UN3450 Diphenylchloroarsine, solid

UN3451 Toluidines, solid

UN3452 Xylidines, solid

UN3453 Phosphoric acid, solid

UN3454 Dinitrotoluenes, solid

UN3455 Cresols, solid

UN3456 Nitrosyl-sulphuric acid, solid

UN3457 Chloronitrotoluenes, solid

UN3458 Nitroanisoles, solid

UN3459 Nitrobromobenzenes, solid

UN3460 N-Ethylbenzyltoluidines, solid

UN3461 Aluminium alkyl halides, solid

UN3462 Toxins, extracted from living sources, solid, n.o.s.

UN3464 Organophosphorus compound, toxic, solid, n.o.s.

UN3465 Organoarsenic compound, solid, n.o.s.

UN3466 Metal carbonyls, solid, n.o.s.

UN3467 Organometallic compound, toxic, solid, n.o.s.

UN3468 Hydrogen in a metal hydride storage system

• We propose to add the following new generic entries for materials that are poisonous by inhalation. These new names will replace the existing generic entries in the HMT. This action is consistent with the addition of proper shipping names that were incorporated into the Thirteenth Revised Edition of the UN Recommendations. Affected entries would be as follows:

UN3381 Toxic by inhalation liquid, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m ³and saturated vapor concentration greater than or equal to 500 LC₅₀.

UN3382 Toxic by inhalation liquid, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m ³and saturated vapor concentration greater than or equal to 10 LC₅₀.

UN3383 Toxic by inhalation liquid, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m³and saturated vapor concentration greater than or equal to 500 LC₅₀.

UN3384 Toxic by inhalation liquid, flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m ³and saturated vapor concentration greater than or equal to 10 LC₅₀.

UN3385 Toxic by inhalation liquid, water-reactive, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m ³and saturated vapor concentration greater than or equal to 500 LC₅₀.

UN3386 Toxic by inhalation liquid, water-reactive, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m ³and saturated vapor concentration greater than or equal to 10 LC₅₀.

UN3387 Toxic by inhalation liquid, oxidizing, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m ³and saturated vapor concentration greater than or equal to 500 LC₅₀.

UN3388 Toxic by inhalation liquid, oxidizing, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m ^{3  3  3  3  3  3}and saturated vapor concentration greater than or equal to 10 LC₅₀.

UN3389 Toxic by inhalation liquid, corrosive, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m ³and saturated vapor concentration greater than or equal to 500 LC₅₀.

UN3390 Toxic by inhalation liquid, corrosive, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m ³and saturated vapor concentration greater than or equal to 10 LC₅₀.

• We propose to add the following new generic entries for organometallic substances. We are not proposing to adopt the “Flowchart scheme for organometallic substances” because we believe that it is intuitive based on the hazard class precedence system in the HMR. This action is consistent with the addition of proper shipping names that were incorporated into the Thirteenth Revised Edition of the UN Recommendations. Affected entries would be as follows:

UN3391 Organometallic substance, solid, pyrophoric

UN3392 Organometallic substance, liquid, pyrophoric

UN3393 Organometallic substance, solid, pyrophoric, water-reactive

UN3394 Organometallic substance, liquid, pyrophoric, water-reactive

UN3395 Organometallic substance, solid, water-reactive

UN3396 Organometallic substance, solid, water-reactive, flammable

UN3397 Organometallic substance, solid, water-reactive, self-heating

UN3398 Organometallic substance, liquid, water-reactive

UN3399 Organometallic substance, liquid, water-reactive, flammable

UN3400 Organometallic substance, solid, self-heating

In addition, we would continue to allow the following specific Organometallic proper shipping names: UN1366, UN1370, UN2005, UN2445, UN3051, UN3052, UN3053, and UN3076. However, we anticipate removing these entries from the HMT by January 1, 2007.

• The U.N. Recommendations have adopted a rationalized approach for the assignment of UN portable tank instructions for solid materials. Based on that rationalized approach, we are making several changes to UN portable tank authorizations in the HMR. These proposals are summarized as follows. For a more specific identification of the affected shipping descriptions, refer to theUN report located in the public Docket.

For Division 4.1, Packing Group I materials, the use of UN portable tanks would not be authorized.

For Division 4.3 materials with a subsidiary class of 6.1, in Packing Group I, the use of portable tanks would not be authorized.

For materials of Divisions 4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8 and 9, in Packing Group II, Special Provisions T3 would be specified.

For Division 4.2, Packing Group I materials, T21 and TP7 would be specified.

For Division 4.3, Packing Group I materials, T9 and TP7 would be specified.

For Division 5.1, Packing Group I materials, the use of UN portable tanks would not be authorized.

For Division 6.1 and Class 8, Packing Group I materials, T6 would be specified.

For materials of Divisions 4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8 and 9, in Packing Group III, Special Provisions T1 would be specified.

• Several entries in the HMT would be revised by amending column 9B to ( printed page 34729) read “forbidden” so that the materials would no longer be authorized for transport aboard cargo aircraft. The entries are being revised because they meet the criteria of either Zone C or Zone D inhalation toxicity. All other Zone C and Zone D toxic by inhalation materials listed in the HMR are currently already forbidden from transport aboard passenger and cargo aircraft (these materials are already forbidden from transport aboard passenger aircraft). The entries to be revised include:

Zone C:

UN2204 Carbonyl sulfide

UN1023 Coal gas, compressed

UN1064 Methyl mercaptan

UN1048 Hydrogen bromide, anhydrous

UN1079 Sulfur dioxide

Zone D:

UN1005 Ammonia, anhydrous

UN3318 Ammonia solution, relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia

UN1040 Ethylene oxide or Ethylene oxide with nitrogen up to a total pressure of 1MPa (10 bar) at 50 degrees C

UN1040 Ethylene oxide or Ethylene oxide with nitrogen up to a total pressure of 1MPa (10 bar) at 50 degrees C

UN2191 Sulfuryl fluoride

Also, see § 172.102 for additional HMT amendments.

Appendix B to § 172.101

In Appendix B to § 172.101, List of Marine Pollutants, we are proposing to remove the entries “Isoamyl mercaptan” “Pentanethiols” and “Tetrachlorophenol.” We are propo sing to revise the entry “2, 6-Di-tert-Butylphenol” and we are proposing to add the entry “Chloropicrin.”

Section 172.102

We are proposing to amend § 172.102, Special Provisions, as follows:

• Several entries in the HMT would be revised by adding special provisions A3, A6, A7, A9, A10, N3, and N36 to align this section with the equivalent special provisions in the ICAO Technical Instructions (13, 2, 5, 4, 7, 21, and 3 respectively). We propose to remove the “A” special provisions for several entries because we have determined that the materials to which the provisions apply are currently not authorized for transportation on either passenger or cargo aircraft.

The following entries would be revised by adding special provision A3:

UN1154 Diethylamine

UN1788 Hydrobromic acid, not more than 49% strength

UN1789 Hydrochloric acid

UN2031 Nitric acid, other than red fuming, with more than 70% nitric acid

UN2604 Boron trifluoride diethyl etherate

• The following entries would revised by adding A6:

UN1111 Amyl mercaptan

UN1228 Mercaptans, liquid, flammable, toxic, n.o.s.

UN1760 Corrosive liquid, n.o.s.

UN1903 Disinfectants, liquid, corrosive, n.o.s.

UN2031 Nitric acid, other than red fuming, with not more than 70% nitric acid

UN2054 Morpholine

UN2347 Butyl mercaptan

UN2363 Ethyl mercaptan

UN2402 Propanethiols

UN2801 Dye, liquid, corrosive, n.o.s.

UN2920 Corrosive liquid, flammable, n.o.s.

UN2922 Corrosive liquid, toxic, n.o.s.

UN3071 Mercaptans, liquid, toxic, flammable, n.o.s.

UN3093 Corrosive liquid, oxidizing, n.o.s.

UN3093 Corrosive liquid, oxidizing, n.o.s.

UN3094 Corrosive liquid, water-reactive, n.o.s.

UN3094 Corrosive liquid, water-reactive, n.o.s.

UN3098 Oxidizing liquid, corrosive, n.o.s.

UN3099 Oxidizing liquid, toxic, n.o.s.

UN3139 Oxidizing liquid, n.o.s.

UN3145 Alkylphenols, liquid, n.o.s. (including C2-C12 homologues)

UN3264 Corrosive liquid, acidic, inorganic, n.o.s.

UN3265 Corrosive liquid, acidic, organic, n.o.s.

UN3266 Corrosive liquid, basic, inorganic, n.o.s.

UN3267 Corrosive liquid, basic, organic, n.o.s.

UN3301 Corrosive liquid, self-heating, n.o.s.

• The following entries would be revised by adding special provision A7:

UN1167 Divinyl ether, stabilized

UN1277 Propylamine

UN1389 Alkali metal amalgam, liquid

UN1389 Alkali metal amalgam, solid

UN1391 Alkali metal dispersion or Alkaline earth metal dispersion

UN1407 Cesium or Caesium

UN1420 Potassium metal alloys

UN1421 Alkali metal alloy, liquid, n.o.s.

UN1422 Potassium sodium alloys

UN1431 Sodium methylate

UN1796 Nitrating acid mixture with not more than 50% nitric acid

UN1796 Nitrating acid mixture with more than 50% nitric acid

UN1826 Nitrating acid mixture, spent with not more than 50% nitric acid

UN1826 Nitrating acid mixture, spent with more than 50% nitric acid

UN1828 Sulphur chlorides

UN1938 Bromoacetic acid

UN2257 Potassium

UN2749 Tetramethylsilane

UN3093 Corrosive liquid, oxidizing, n.o.s.

UN3093 Corrosive liquid, oxidizing, n.o.s.

UN3094 Corrosive liquid, water-reactive, n.o.s.

UN3094 Corrosive liquid, water-reactive, n.o.s.

UN3205 Alkaline earth metal alcoholates, n.o.s.

UN3205 Alkaline earth metal alcoholates, n.o.s.

UN3206 Alkali metal alcoholates, self-heating, corrosive, n.o.s.

UN3206 Alkali metal alcoholates, self-heating, corrosive, n.o.s.

UN3208 Metallic substance, water-reactive, n.o.s.

UN3208 Metallic substance, water-reactive, n.o.s.

UN3208 Metallic substance, water-reactive, n.o.s.

UN3209 Metallic substance, water-reactive, self-heating, n.o.s.

UN3209 Metallic substance, water-reactive, self-heating, n.o.s.

UN3209 Metallic substance, water-reactive, self-heating, n.o.s.

• The following entries would be revised by adding special provision A9:

UN1449 Barium peroxide

UN1452 Calcium chlorate

UN3212 Hypochlorites, inorganic, n.o.s.

• The following entries would be revised by adding special provision A10:

UN1828 Sulphur chlorides

UN2401 Piperidine

• The following entry would be revised by adding special provision N3:

UN2817 Ammonium hydrogendifluoride solution

• The following entries would be revised by adding special provision N36:

UN1184 Ethylene dichloride

UN1732 Antimony pentafluoride

UN1777 Fluorosulphonic acid

UN2699 Trifluoroacetic acid

• The following entries would be revised by removing certain “A” special provisions since the materials themselves are forbidden for transportation aboard passenger and cargo aircraft:

UN1541 Acetone cyanohydrin, stabilized (remove A3)

UN1722 Allyl chloroformate (remove A3)

UN2692 Boron tribromide (remove A3, A7)

UN1744 Bromine or Bromine solutions (remove A3, A6)

UN2484 tert-Butyl isocyanate (remove A7)

UN2485 n-Butyl isocyanate (remove A7)

UN1752 Chloroacetyl chloride (remove A3, A6, A7)

UN1754 Chlorosulfonic acid (with or without sulfur trioxide) (remove A3, A6, A10)

UN2382 Dimethylhydrazine, symmetrical (remove A7)

UN1182 Ethyl chloroformate (remove A3, A6, A7)

UN2481 Ethyl isocyanate (remove A7)

UN2014 Hydrogen peroxide, aqueous solutions with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary) (remove A3, A6)

UN2015 Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous solutions, ( printed page 34730) stabilized with more than 60 percent hydrogen peroxide (remove A3, A6)

NA9206 Methyl phosphonic dichloride (remove A3)

UN2534 Methylchlorosilane (remove A2, A3, A7)

UN2304 Naphthalene, molten (remove A1)

UN1670 Perchloromethyl mercaptan (remove A3, A7)

UN1810 Phosphorus oxychloride (remove A7)

UN2740 n-Propyl chloroformate (remove A3, A6, A7)

UN1829 Sulfur trioxide, stabilized (remove A7)

UN1831 Sulfuric acid, fuming with 30 percent or more free sulfur trioxide (remove A3, A6, A7)

UN1834 Sulfuryl chloride (remove A3)

UN1836 Thionyl chloride (remove A7)

UN2474 Thiophosgene (remove A7)

UN1838 Titanium tetrachloride (remove A3, A6)

UN2441 Titanium trichloride, pyrophoric or Titanium trichloride mixtures, pyrophoric (remove A7, A8, A19, A20)

UN2442 Trichloroacetyl chloride (remove A3, A7)

UN1295 Trichlorosilane (remove A7)

UN2438 Trimethylacetyl chloride (remove A3, A6, A7)

• Paragraph (b)(3) of this section would be amended to specify that a “B” code refers to a special provision that applies only to certain bulk packaging requirements and that, unless otherwise stated, would not apply to UN portable tanks or IBCs.
• Paragraph (b)(4) of this section would be amended to specify that a code containing the letters “IB” or “IP” refers to a special provision that applies only to transportation in IBCs.
• Paragraph (b)(8) would be redesignated (b)(9) and a new paragraph (b)(8) would be added to specify that a code containing the letters “TP” refers to a special provision that is in addition to those provided by the portable tank instructions or the requirements in part 178.
• Special Provision 47 would be revised to include an additional exception currently in the UN Model Regulations specifying that a leakproofness test is not required when the liquids are fully absorbed in solid material contained in sealed bags.
• Special Provision 135 would be revised to expand the applicability of the proper shipping names “Vehicle, flammable liquid powered” and “Vehicle, flammable gas powered” to include hybrid electric vehicles.
• Special Provision 137 would be revised to expand the exception for “Cotton, dry.”
• Special Provision 143 would be removed and relocated to § 173.219 so that the limitations on the types of hazardous materials authorized apply to both self-inflating and non-self-inflating life-saving appliances.
• Special Provision 153 would be relocated to new paragraph (k) in § 173.115 and revised to include amended classification criteria for aerosols containing flammable constituents consistent with criteria in the UN Model Regulations. The revised criteria would include methods for the classification of aerosols based on the percentage of flammable components.
• New Special Provision 163 would be added to specify that Ammonium Nitrate Emulsions would be required to satisfactorily pass Test Series 8 of the UN Manual of Tests and Criteria, Part I, Section 18.
• New Special Provision 164 would be added to specify that an approval is required for “Desensitized explosives, liquid, n.o.s.” and “Desensitized explosives, solid, n.o.s.”
• New Special Provision 165 would be added to the Calcium hypochlorite PG II and the PG III entries for UN1748 and UN2880 to specify the danger of exothermic decomposition and require shading from direct sunlight and sources of heat during transportation.
• New Special Provision 166 would be added to the PG II entry for calcium hypochlorite, UN2880 and UN1748 to indicate that calcium hypochlorite in the non-friable tablet form may be transported as a PG III material.
• New Special Provision 167 would be added to the proposed new entry for “Hydrogen in a metal hydride storage system” to specify that such storage systems shall always be considered as containing hydrogen.
• New Special Provision 170 would be added to the newly proposed Organometallic substances entries (UN3391, UN3392, UN3393, and UN3394). The special provision would require air to be eliminated from the vapor space by nitrogen or other means.
• New Special Provision 171 would be added to the UN2880 PG III entry. Since UN2880 also covers mixtures of hydrated calcium hypochlorite in any concentration, some formulations in other than tablet form (e.g., in granular form) may meet the criteria for classification in Division 5.1, Packing Group III when subjected to the relevant test in the UN Manual of Tests and Criteria. The PG III entry for calcium hypochlorite would only be authorized when the material is offered in the non-friable tablet form or for granular or powered mixtures. This entry would not be authorized for the pure form of calcium hypochlorite hydrated. We also recognize that some formulations, when tested, do not meet the criteria for classification in Division 5.1. In light of this, we believe that a new Special Provision 171 should be added to the UN2880, PG III entry in the HMT to allow for the possibility to classify powered or granular mixtures of hydrated calcium hypochlorite in Packing Group III when data indicates that the mixture meets the criteria for assignment to PG III.
• Special Provision A11 is currently assigned to UN 2983, Ethylene oxide and Propylene oxide mixtures and UN 1411, Lithium aluminum hydride, ethereal. In the ICAO Technical Instructions these substances are only authorized for transport in metal cylinders. A11 states “For combination packagings, when metal inner packagings are permitted, only specification cylinders constructed of metals which are compatible with the hazardous material may be used.” Therefore, to align with ICAO Particular Packing Requirement Number 8, Special Provision A11 would be amended to read “Only specification cylinders constructed of metals which are compatible with the hazardous material may be used.”
• Consistent with ICAO, we are adding a proper shipping name to the HMT for “Receptacles, small containing gas, 2.2 with a subsidiary of 5.1.” A new “A” code (A14) would be added to prohibit material from being transported as a limited quantity or consumer commodity in accordance with § 173.306 aboard an aircraft. This new “A” code would also be added to the following additional shipping names: “Oxygen, compressed”, Carbon dioxide and oxygen mixtures”, “Nitrous oxide”, “Compressed gas oxidizing”, and “Liquefied gas, oxidizing.”
• For consistency, the authorization in Special Provision B69 to allow dry sodium or potassium cyanide in siftproof, water-resistant fiberboard IBCs would be relocated to new Special Provision IP20.
• Paragraph (c)(4) of this section would be amended by relocating “Table 2.—Organic Peroxide IBC Code (IB52)” to paragraph (e) of § 173.225 and renaming it the “Organic Peroxide IBC Table.” Table 3.—IP Codes would then be redesignated Table 2.—IP Codes. The wording of paragraph (c)(4) would be revised to indicate that Table 3.—IP Codes had been redesignated Table 2.—IP Codes. All references to IB52 in the HMR would be removed and replaced with “Organic Peroxide IBC Table” or “§ 173.225(e),” as applicable.
• Paragraph (c)(7) would be amended by relocating the Portable Tank Code T50 Table to § 173.313 and renaming it “UN Portable Tank Table for Liquefied Compressed Gases.” The T50 Table and ( printed page 34731) its description would be removed from paragraph (c)(7)(iv) and replaced with a statement indicating that the new “UN Portable Tank Table for Liquefied Compressed Gases” is found in § 173.313. All references to T50 in the HMR would be removed and replaced with “UN Portable Tank Table for Liquefied Compressed Gases in § 173.313”. In addition, paragraph (c)(7) would be amended by relocating Portable Tank Code T23 to paragraph (g) of § 173.225 and renaming it the “Organic Peroxide Portable Tank Table.” Portable Tank Code T23 and its description found in paragraph (c)(7)(iii) would be removed and paragraphs (c)(7)(iv)-(c)(7)(vii) would be redesignated (c)(7)(iii)-(c)(7)(vi), respectively. All references to T23 in the HMR would be removed and replaced with “Organic Peroxide Portable Tank Table” or “§ 173.225(g),” as applicable.
• New paragraph (c)(8) would be added to provide an introduction to the “TP” codes (i.e., portable tank special provisions). The existing paragraph (c)(8) would be redesignated paragraph (c)(9).
• New Special IBC Packing Provision IP13 would be added to specify that transportation by vessel in IBCs would be prohibited.
• New Special IBC Packing Provision IP14 would be added to specify that air must be eliminated from the vapor space by nitrogen purging or other means.
• New Special IBC Packing Provision IP20 would be added to specify that dry sodium cyanide and potassium cyanide are also permitted in siftproof, water-resistant, fiberboard IBCs when transported in closed freight containers or transport vehicles.
• Portable tank Special Provision TP3 would be revised to include the maximum degree of filling (in %) for solids transported above their melting points.
• Special Provision TP6 would be revised by removing the word “event” and replacing it with the “incident.”
• Portable tank Special Provision TP9 would be removed from column (7) of the Hazardous Materials Table for all materials that reference a T code special provision. Special provision TP9 states that a material with TP9 in Column (7) may only be transported in a portable tank if approved by the Associate Administrator. A material that has been given a T code does not require approval and is not subject to Special Provision TP9.

Section 172.202

Paragraph (a)(5)(i) would be revised to clarify that for explosive articles the quantity shown on a shipping paper must be expressed in terms of the net mass of the article.

Section 172.203

Paragraph (f) would be revised by including the passenger and cargo aircraft limitation certification statement that is currently found in § 172.204. This would align the HMR with the ICAO TI (see 4.1.5.8.1(b) of the ICAO TI). In addition, in paragraph (o)(3), the reference to § 173.225(c)(2) would be amended to read § 173.225(b)(2). Paragraph (m)(2) would be revised to specify that the phrase “Poison Inhalation Hazard” or “Toxic Inhalation Hazard” is not required to be repeated if it otherwise appears in the shipping description. Finally, a new paragraph (i)(3) would be added to specify additional shipping paper description requirements for a hazardous material consigned under an “n.o.s.” entry when offered for transportation by vessel.

Section 172.204 and Section 172.321—Air Eligibility Marking

Under HM-215E (68 FR 44992), the air eligibility marking was adopted into the HMR as new § 172.321. Since publication of that final rule, the ICAO's Dangerous Goods Panel removed the air eligibility marking requirement. In lieu of this marking, ICAO adopted a requirement that the shipping paper certification statement include the statement “I declare that all of the applicable air transport requirements have been met” when a hazardous material is offered for air transportation. Additionally, the revised section provided examples of the applicable air transport requirements that must be met. Based on this action, we are proposing to revise the air eligibility marking requirement by making it optional rather than mandatory and adding the additional shipping paper certification statement for shipments going by aircraft. Therefore, we are proposing to revise § 172.204(c)(3) by requiring that the statement “I declare that all of the applicable air transport requirements have been met” be included on the shipping paper in addition to the current certification statement when a hazardous material is offered for air transportation. Additionally, the revised section would provide examples of the applicable air transport requirements that must be met and various section references. In order to allow shippers to expend stocks of preprinted shipping papers containing the previous certification statement, we are providing an additional ten month transitional provision for the new certification statement.

Section 172.317

A new § 172.317 would be added to require a “KEEP AWAY FROM HEAT” handling mark on packages containing self-reactive substances of Division 4.1 or organic peroxides of Division 5.2 when such packages are transported by air.

Part 173

Section 173.3

The definition for “salvage drums” would be revised to include the term “non-conforming.” The term “non-conforming” was added to the definition by the UN Committee of Experts in December 2000.

Section 173.24

For consistency with the UN Recommendations, paragraphs (g)(4) and (g)(5) would be revised to clarify the following:

(A) That IBCs ( subject to the requirements in § 173.24(g)) are permitted to be vented to reduce internal pressure; and

(B) That venting of IBCs is not conditional upon whether a bulk special provision is indicated for a particular hazardous material in the § 172.101 hazardous materials table.

In addition, paragraph (i) would be revised to clarify that other general requirements specific to air transportation apply and are found in § 173.27.

Section 173.25

Paragraph (a)(2) would be revised by removing the requirement to mark an overpack with the air eligibility marking. In addition, in paragraph (a)(4), we propose to require overpacks to be marked with the word “OVERPACK” or, alternatively, until October 1, 2007, with a statement indicating that inside packages comply with prescribed specifications. This is in response to adoption by the United Nations of the “OVERPACK” marking to indicate that packages within an overpack comply with prescribed specifications when specification markings on inside packagings within the overpack are not visible.

Section 173.27

Paragraph (i) would be revised to indicate that the air eligibility mark has been removed. This section would reference a new requirement for shippers to place the following statement at the end of the certification statement when a hazardous material is authorized for air transportation: “I declare that all applicable air transport requirements have been met.” ( printed page 34732)

Section 173.28

In paragraph (c)(2), we propose to delete the words “or a UN 1H1 plastic drum.” This would harmonize the HMR with the UN Model Regulations and remove a source of confusion within the regulated community regarding the reconditioning of a non-bulk packaging.

Section 173.115

In § 173.115, a new paragraph (k) would be added ( see discussion under § 172.102, Special Provision 153).

Section 173.128

In paragraph (d)(1)(i), the section reference would be revised to read § 173.225(c). In addition, in paragraphs (d)(1)(ii) and (d)(1)(iii), the section reference would be revised to read § 173.225(b).

Section 173.132

In paragraph (b)(1), we propose to revise the definition of LD₅₀ for acute oral toxicity to indicate that adult albino rats may be tested without regard to gender. The current definition for LD₅₀ for acute oral toxicity in § 173.132(b)(1) is based on the Organization for Economic Co-Operation and Development (OECD) Test Guideline (TG) 401. The OECD has agreed to three test methods that will replace the current TG 401. The United Kingdom, Germany and the United States of America took the lead in the development of the three alternative tests that OECD has now adopted and published in the OECD Guidelines for the Testing of Chemicals. In a continuing attempt to improve the estimate of acute oral toxicity while reducing the number of animals used per test, three alternative TGs have been developed and implemented to replace TG 401. The three TGs are the Fixed Dose Procedure (FDP, TG 420), the Acute Toxic Class Method (ATCM, TG 423), and the Up-and-Down Procedure (UDP, TG 425). The proposed text would be consistent with the text in the 13th revised edition of the UN Model Regulations that was recently amended on the basis of a proposal from the United States.

Section 173.136

We propose to add a new paragraph (d) to provide a grandfather clause that will allow the shipment of materials classified as corrosive to steel or aluminum under ASTM G 31-72.

Section 173.137

In paragraph (c)(2), we propose to eliminate the references to ASTM G 31-72 as an acceptable test description and add a statement indicating an acceptable test is prescribed in the Manual of Tests and Criteria, Part III, Section 37.

Sections 173.150, 173.151, 173.152, 173.153 and 173.154

We are proposing to allow most Division 6.1, Packing Group II materials to be transported as a limited quantities. For Packing Group II materials, we are proposing to allow inner packagings not over 100 mL (3.38 ounces) each for liquids or 0.5 kg (1.1 pounds) each for solids to be transported as a limited quantity. However, consistent with the limited quantity authorization for Division 6.1, Packing Group III, we are not proposing a labeling exception for these materials. We are also not proposing to allow these materials to be shipped as a consumer commodity. In addition, we propose to revise the limited quantity sections for the other hazard classes of materials to take into account materials with a subsidiary hazard of 6.1 Packing Group II.

Section 173.185

In § 173.185, we propose to amend paragraphs (c)(3) and (e)(3), to specify that a cell, battery, lithium cell or battery and equipment containing a cell, battery or lithium cell or battery that was transported prior to the effective date of this rule and is of a type proven to meet the criteria of Class 9 by testing, in accordance with the tests prescribed in the UN Manual of Tests and Criteria, Third Revised Edition, 1999 would not be required to be retested.

Section 173.186

In § 173.186, in paragraph (e), we propose to amend the gross weight for 4G outer packages authorized for the transportation of strike-anywhere matches, to be consistent with the UN Model Regulations by increasing the weight from 27 kg (60 pounds) to 30 kg (66 pounds).

Section 173.187

We propose to revise § 173.187 to authorize certain solid hazardous materials to be transported in DOT specification cylinders other than Specification 8 and 3HT cylinders. This proposal would also remove the need for DOT Exemption “DOT-E 11548.”

Sections 173.211, 173.212, and 173.213

We propose to revise these sections to authorize certain solid hazardous materials to be transported in DOT specification cylinders other than Specification 8 and 3HT cylinders. This proposal would also remove the need for DOT Exemption “DOT-E 11548.”

Section 173.219

We propose to revise § 173.219 for consistency with the UN Model Regulations and the ICAO Technical Instructions. Included in the proposed revision is an allowance for self-inflating life-saving appliances to contain cartridges, power devices of Division 1.4S, for purposes of the self-inflating mechanism. In addition, we propose to provide an exception from regulation for life-saving appliances containing only carbon dioxide cylinders not exceeding 100 cm³ capacity, provided they are overpacked in rigid outer packagings with a maximum gross mass of 40 kg. Finally, the limitations currently found in Special Provision 143 would be relocated to § 173.219 ( see preamble discussion under Special Provision 143).

Section 173.220

Paragraph (b)(2) would be amended to harmonize the requirements for transporting flammable gas powered vehicles by air with the requirements of Packing Instruction 900 of the ICAO Technical Instructions.

Section 173.224

Paragraph (b)(4) of this section would be amended to include the new references for § 173.225. The section reference to § 173.225(e) for the authorization of bulk packagings would be replaced with § 173.225(f) for IBCs and § 173.225(h) for other bulk packagings.

Section 173.225

This section would be amended to update the Organic Peroxide Table and eliminate special provisions IB52 and T23 from § 172.102(c). The purpose of the change is to consolidate the packaging requirements for organic peroxides into one section and to have separate tables for organic peroxides authorized for transport in non-bulk packagings, IBCs, and bulk packagings other than IBCs. The proposed changes are as follows:

Paragraph (a) would be revised by adding paragraphs (b) and (b)(6), which state that bulk packagings may require a lower control temperature than those specified for non-bulk packagings and that an organic peroxide not identified in either the Organic Peroxide Table, Organic Peroxide IBC Table, or Organic Peroxide Portable Tank Table must be approved under § 173.128(c).

Paragraph (b) would be revised to eliminate all IBC and other bulk packaging authorizations from column 6 of the Organic Peroxide Table. Various obsolete entries would also be removed. ( printed page 34733) The current paragraph (b), “Organic Peroxide Table,” would be moved to paragraph (c) and the current paragraph (c), “New organic peroxides, formulations and samples,” would be moved to paragraph (b).

In the notes following the Organic Peroxide Table we propose to:

• Revise note 22 to indicate that ethylbenzene with greater than or equal to 25% of dilutant type A would be acceptable.
• Revise note 23 to indicate that methyl isobutyl keytone with greater than or equal to 19% of dilutant type A would be acceptable.
• Add a new note 29 to identify materials which are not included in the UN Model Regulations and note that a Competent Authority approval is required for international transportation.
• Remove Notes 9, 11, and 14 following the Organic Peroxide Table.

In addition, The Packing Method Table found in paragraph (d), would be revised by replacing the 200 kg maximum quantity for solids and combination packagings listed in OP8 with a 400 kg maximum quantity. Note 2, following the table, would be revised to allow 200 kg of solid material per box and up to 400 kg of material per authorized combination packaging. The note would also indicate that the outer packaging must be a box (4Cl, 4C2, 4D, 4F, 4G, 4H1, and 4H2) and each inner packaging must be of plastics or fiber with a maximum net mass of 25 kg. Paragraph (d)(3) would be clarified by revising the text to state that the maximum content acceptable for glass receptacles used as inner packagings of a combination packaging is 0.5 kg for solids or 0.5 L for liquids.

A new paragraph (e) would be added to include the new “Organic Peroxide IBC Table” that replaces the current “Table 2—Organic Peroxide IBC Code (IB52)” in § 172.102(c)(4). The new table would be revised to add an organic peroxide, “Dicyclohexylperoxydicarbonate, not more than 42% as a stable dispersion, in water.” In addition, the new Organic Peroxide IBC Table would identify, by technical name, those organic peroxides authorized for transportation in the IBCs that are specifically listed in the table.

A new paragraph (f) would be added to include the current IBC requirements contained in paragraph (e)(5) of this section. Paragraph (f) would also include requirements that are specific to organic peroxides packaged in IBCs.

A new paragraph (g) would be added to include the new “Organic Peroxide Portable Tank Table,” that replaces the current “Portable Tank Code T23” found in § 172.102(c)(7)(iii). The new table would be identical to the current table except that for UN 3109, in the entry for Pinanyl hydroperoxyde, 50% would be replaced by 56% and all references to self-reactive materials would be removed. In addition, the Organic Peroxide Portable Tank Table would provide certain portable tank requirements and identify, by technical name, those organic peroxides authorized for transportation in the bulk packagings listed in the new paragraph (h).

The current paragraph (e) would be redesignated as paragraph (h). Paragraph (h) would establish requirements that are specific to organic peroxides packaged in certain bulk packagings. Additionally, the new “Note to Paragraph (h)(3)(vi)” would be revised to include changes brought forth by petition for rulemaking P-1428. The petition proposed to amend the current paragraph (e)(3)(vi) and allow for a second but equally acceptable example of an emergency-relief device sizing method to be added to the HMR. We are in agreement with the petitioner and are proposing to add a statement to the new paragraph (h)(3)(vi) indicating that an additional example of an emergency-relief device sizing method can be found in the “American Institute of Chemical Engineers Process Safety Progress Journal, June 2002 issue (Vol. 21, No. 2)” as referenced in § 171.7(b).

The proposed changes to this section would alter the order of the paragraphs within this section and various citations would need to be changed. Also, paragraphs referencing IB52 or TP23 would be revised to indicate that those provisions no longer exist and the updated requirements are found in paragraph (e) and (g), respectively.

Sections 173.226 and 173.227

We propose to revise the packaging requirements of §§ 173.226 and 173.227 for materials poisonous by inhalation, Division 6.1, Packing Group I, Hazardous Zone A and Hazard Zone B. These amendments would: Reduce the hydrostatic test pressure of the inner drum in a drum-within-a-drum configuration authorized in § 173.226(b); standardize the minimum thickness requirements of the inner drums in the drum-within-a-drum configuration authorized in §§ 173.226(b) and 173.227(b); clarify the test requirements for inner packaging systems in § 173.226(b)(2)(iv); and in § 173.226(d) add a provision to authorize transportation of PIH materials in single packages when subjected to additional operational controls and approved by the Associate Administrator for Hazardous Materials Safety. Section 173.226(c)(2) would be reformatted for ease of understanding. We would also remove an expired transitional date from paragraph (a) that allows the transport of welded cylinders filled before October 1, 2003 for the purpose of reprocessing or disposal of cylinders's content until December 31, 2003.

Section 173.249

Paragraph (c) would be revised to be consistent with the current “Bromine” entry in the § 172.101 “Hazardous Material Table” that authorizes the use of a UN portable tank conforming to tank code T22.

Sections 173.306 and 173.307

To add clarity to the HMR, the text currently found in § 173.306(i) would be removed and replace with the text currently found in § 173.307(a)(5). Since § 173.306 is devoted exclusively to limited quantities of compressed gases, relocating § 173.307(a)(5) to § 173.306 would make the exception easier to find.

Section 173.313

A new § 173.313 would be added to serve as the new location for the Portable Tank Code T50 Table. The table would be renamed “UN Portable Tank Table for Liquefied Compressed Gases.” The table provides the maximum allowable working pressures, bottom opening requirements, pressure relief requirements and degree of filling requirements for liquefied compressed gases permitted for transport in portable tanks. The change would relocate these packaging requirements to Part 173, which is a more appropriate location, and make the special provisions less cumbersome. In addition, the new UN Portable Tank Table for Liquefied Compressed Gases would be amended by revising the Column 3 heading to read “Minimum design pressure (MAWP) (bar) * * *.” The values in column 3 are actually minimum values, however the title of the column is misleading because it uses the term “Maximum allowable working pressure (bar) * * *.”

Section 173.315

In paragraph (a), the reference to “portable tank provision T50 in § 172.102” would be revised to read “the UN Portable Tank Table for Liquefied Compressed Gases in § 173.313”. ( printed page 34734)

Section 173.323

In this rule we are proposing to revise the combination packaging authorizations for Ethylene Oxide to be consistent with the UN Recommendations. Paragraphs (b)(1)-(b)(3) would be revised and consolidated for consistency with current international requirements for the transportation of ethylene oxide in combination packagings. Paragraphs (b)(1)-(b)(3) provide the current authorizations for glass, aluminum, and metal receptacles respectively. Amendments to this section include (1) specifying a 2.5 kg limit per outer package and removing the HMR limitation of 12 inner receptacles per outer package currently applied to aluminum and other metal receptacles, (2) removing the overpack restriction in (b)(2) which specifies a maximum of 10 boxes per overpack, (3) requiring a hot water bath test for all inner receptacles, (4) removing the pressure relief device and burst pressure requirements currently applied to metal receptacles, (5) applying the same outer package authorizations consistently to all inner packaging types and allowing any outer package authorized in § 172.201(b), and (6) requiring all inner packagings to be suitably cushioned (the top and bottom pad and perimeter liner requirement currently only applied to outer packages containing aluminum inner packagings would be removed). Though we are eliminating the option to utilize certain packaging authorizations for glass and aluminum inner packagings, we believe that this proposal will present little or no economic impact on the ethylene oxide industry because of the amount of materials that are transported in international commerce. If comments are received that contradict this understanding, RSPA may revise the final rule accordingly.

Part 175

Section 175.10

Consistent with an amendment to the ICAO TI, we are proposing to require that aerosol cans that are carried aboard an aircraft in accordance with § 175.10(a)(4) have their release devices protected by a cap or other suitable means. In addition, the ICAO Dangerous Goods Panel will convene a series of working groups to develop recommendations for consideration during the 20th session of the Dangerous Goods Panel to further review this issue. These recommendations may lead to additional amendments to the ICAO TI. Finally, we note that non-flammable gases ( e.g., nitrogen) other than carbon dioxide are used for the operation of mechanical limbs. Consistent with an amendment to the ICAO TI, we are proposing to provide an exception from the HMR for mechanical limbs that are powered by any Division 2.2 gas.

Section 175.85

In § 175.85, a new paragraph (j) would be added to specify the cargo location of a package bearing the “KEEP AWAY FROM HEAT” handling marking.

Part 176

Section 176.2

Certain definitions would be revised. The definition for “Explosive article” and “Explosive substance” would be revised to remove an incorrect reference. The definition for “Magazine” would be revised to include a compartment in the vessel. The definition for “Magazine” would also be revised to specify vessel storage location and accessibility. The term “Transport unit” would be revised to read “Cargo transport unit” to be consistent with Amendment 32 of the IMDG Code. In addition, in the definition “In containers or the like” the term “transport unit” would be removed and the term “cargo transport unit” would be added in its place.

Section 176.27

In this section, the words “transport unit” would be replaced with the words “transport vehicle” in each place they appear to be consistent with the removal of the term “transport unit” from the definitions in § 176.2.

Section 176.63

Paragraph (e) would be revised to align the definition of “Closed cargo transport unit” to be consistent with the definition in Amendment 32 of the IMDG Code.

Section 176.76

Paragraph (i) would be revised to clarify that for container ships, a distance equivalent to one container space athwartships ( i.e., in the direction of the breadth of the vessel) away from possible sources of ignition applied in any direction would satisfy the requirement that a cargo transport unit packed or loaded with flammable gas or flammable liquid having a flashpoint below +23 °C transported on deck be stowed “away from” possible ignition sources. This would be consistent with Amendment 32 of the IMDG Code. In addition, in paragraphs (h) and (i), the words “transport unit” would be removed and replaced with the words “cargo transport unit” in each place they appear to be consistent with Amendment 32 of the IMDG.

Section 176.83

Paragraph (l) would be revised to correct an error pertaining to the Segregation Table that set forth the general requirements for segregation of containers on board hatchless container vessels. In addition, throughout the section the words “transport units” would be removed and replaced with the words “cargo transport units” in each place they appear to be consistent with Amendment 32 of the IMDG. A new paragraph (m) would be added to specify the provisions for segregation groups.

Section 176.84

Paragraph (a) would be revised to specify the various chemical groups listed in the segregation table. In the paragraph (b) Table of Provision, we would add eleven new provisions (codes) for certain stowage and segregation requirements for hazardous materials that are transported by vessel. In addition, in paragraph (c)(2) Provisions for the stowage of Class 1 (explosive) materials, we would revise three notes. The terms “separated from” and “away from” in the codes are defined in § 176.83 of the HMR.

Code 133 would be added to the entries “Barium chlorate solution,” UN3405; “Barium perchlorate solution,” UN3406; and “Chlorate and magnesium chloride mixture solution,” UN3407, that requires the material to be stowed “separated from” sulfur.

Code 134 would be added to the entry “Aluminum alkyl halides, solid,” UN3461, that requires the material to be stowed “separated from” UN2716.

Code 135 would be added to the entries “Methylamine, aqueous solution,” UN1235 and “Trimethylamine, aqueous solutions,” UN1297, that requires the material to be stowed “separated from” mercury and mercury compounds.

Code 136 would be added to the entry “Tributylphosphane,” UN3254, that requires the material to be stowed “separated from” tetrachloride.

Code 137 would be added to the entries “Arsenic compounds, liquid, n.o.s.,” UN1556 and “Arsenic compounds, solid, n.o.s.,” UN1557, that requires arsenic sulphides to be stowed “separated from” acids.

Code 138 would be added to the entries for UN1448; UN1456; UN1479; UN1482; UN1490; UN1503; UN1515; UN3085; UN3087; UN3098; UN3099; UN3139; and UN3214, that requires the material to be stowed “separated from” peroxides. ( printed page 34735)

Code 139 would be added to the entry “1, 4-Butynediol,” UN2716, that requires the material to be stowed “separated from” mercury salts.

Code 140 would be added to the entry “1, 4-Butynediol,” UN2716, that requires the material to be stowed “separated from” UN3052 and UN3461.

Code 141 would be added to the entries for UN1732; UN1755; UN1806; UN1908; UN2433; UN2859; and UN2861, that requires the material to be stowed “away from” radioactive materials.

Code 142 would be added to the entries for UN1748; UN2208; and UN 2880, that requires packages in cargo transport units to be stowed so as to allow for adequate air circulation throughout the cargo.

Code 143 would be added to the entry for Organometallic Substance, Liquid, Pyrophoric, UN3392, prohibiting transportation on any vessel carrying explosives (except explosives in Division 1.4, Compatibility group S.

Note 19E would be revised to specify that materials under entries NA0331; UN0004; UN0222; UN0241; and UN0402 must be stowed “away from” explosives containing chlorates or perchlorates.

Note 22E would be revised to specify that materials under the entry “Explosive, blasting, type C,” must be stowed “away from” ammonium compounds and explosives containing ammonium compounds or salts.

Note 23E would be revised to specify that materials under entries UN0247; UN0395; UN0396; UN0397; UN0398; UN0399; UN0400; UN0449; and UN0450 must be “separated from” Division 1.4 and “separated longitudinally by an intervening complete compartment or hold from” Division 1.1, 1.2, 1.3, 1.5, and 1.6 except from explosives of compatibility group J.

Section 176.116

In paragraph (c), the words “transport units” would be revised to read “cargo transport units.” In addition, a new paragraph (f) would be added to specify the under deck stowage requirements of Class 1 (explosive) materials allocated stowage categories 09 and 10.

Sections 176.122 and 176.124

Sections 176.122 and 176.124 would be removed and reserved.

Section 176.128

In § 176.128, the section heading and section would be revised.

Section 176.132

Section 176.132 would be removed and reserved.

Section 176.133

Section 176.133 would be revised to clarify the construction and stowage location requirements for magazine stowage type C.

Section 176.136

Section 176.136 would be revised to clarify the special stowage requirements of Class 1 (explosive) materials. In addition, minor editorial revisions would be made.

Section 176.138

Paragraph (a) would be removed and reserved to be consistent with Amendment 32 of the IMDG Code. This paragraph currently requires Class 1 (explosive) material that is stowed on deck to be carried as close to the vessel's centerline as practicable. ( See also proposed change to § 176.170.)

Section 176.142

Paragraph (a) would be revised to remove “Pyrophoric organometallic compound, water-reactive, n.o.s.” from the list of liquid hazardous materials of extreme flammability that may not be transported in a vessel carrying Class 1 (explosive) materials. Additionally, we propose to add to the above list the following new liquid entries:

“Organometallic substance, liquid, pyrophoric, UN3392”

“Organometallic substance , liquid, pyrophoric, water-reactive, UN3394” These proposed changes would be consistent with Amendment 32 of the IMDG Code.

Section 176.144

In this section, the words “transport unit” would be replaced with the words “cargo transport unit” in each place they appear to be consistent with the definition in Amendment 32 of the IMDG Code. Additional notes would be added to Table 176.144(a)—“Authorized Mixed Stowage For Explosives” to address additional exceptions for mixed stowage of Class 1 materials.

Section 176.146

In § 176.146, in paragraph (d)(1), the wording “transport units” would be revised to read “cargo transport units”.

Section 176.168

In § 176.168, in the title before the section heading, the wording “TRANSPORT UNITS AND SHIPBORNE BARGES” would be revised to read “CARGO TRANSPORT UNITS AND SHIPBORNE BARGES”.

Section 176.170

A new paragraph (b) would be added to prohibit freight containers loaded with Class 1 (explosive) materials, except for explosives in Division 1.4, from being stowed in the outermost row of containers. This proposed change would be consistent with Amendment 32 of the IMDG Code.

Section 176.174

Paragraphs (a) and (b) would be revised to remove the references to portable magazines. This proposed change would be consistent with Amendment 32 of the IMDG Code.

Section 176.600

In § 176.600, in paragraph (a), the wording “closed transport units” would be revised to read “closed cargo transport units”.

Part 178

Section 178.274

Paragraph (f)(v) would be revised to more clearly specify the rated flow capacity marking required to be placed on every UN portable tank's pressure relief device.

Section 178.275

Paragraph (i)(2) would be revised to more clearly specify the combined delivery capacity of UN portable tank's pressure relief systems.

Section 178.276

In paragraph (a)(4)(ii)(A), the reference to “portable tank special provision T50” would be revised to read “the UN Portable Tank Table for Liquefied Compressed Gases in § 173.313.”

In addition, paragraph (d), the reference to “portable tank special provision T50 in § 172.102(c)(7)” would be revised to read “UN Portable Tank Table for Liquefied Compressed Gases in § 173.313.” Finally, in paragraph (e)(3), the reference to “portable tank special provision T50 in § 172.102” would be revised to read “the UN Portable Tank Table for Liquefied Compressed Gases in § 173.313.”

Section 178.602

Paragraph (b) would be revised to clarify the requirements applicable to filling packaging other than bags in preparation for testing.

Section 178.603

Paragraph (c) would be revised to add a definition indicating that a minimum specific gravity for solutions of water and anti-freeze is 0.95 for testing at -18 °C (0 °F) or lower. Additionally, in paragraph (e), we propose to specify the drop test height for liquids in single packagings and for inner packagings of ( printed page 34736) combination packagings, when the test is performed in water.

Section 178.810

Paragraph (b)(3) would be revised to specify that water/anti-freeze solutions with a minimum specific gravity of 0.95 for testing at -18 °C (0 °F) or lower are acceptable test liquids for use when conducting IBC drop tests. This is consistent with our amendment to § 178.603(c)(1) regarding the testing of non-bulk packages. We are also proposing to add a sentence to clarify that when conditioning is required by § 178.810(b), the conditioning specified in § 178.802 (which requires a higher temperature) does not apply.

Part 180

Section 180.350

Paragraph (c) would be revised to expand the definition of routine maintenance of IBCs to include flexible, plastic and textile IBCs.

Section 180.352

A new paragraph (d)(1)(v) would be added to this section. This paragraph would state that retests and inspections performed under paragraphs (d)(1)(i) and (ii) of this section may be used to satisfy the tests and inspections required by paragraph (b) of this section. This addition would incorporate changes made to the 12th revised edition of the Transport of Dangerous Goods Model Regulations into the HMR.

V. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This proposed 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 proposed rule is not considered a significant rule under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). Benefits resulting from the adoption of the amendments in this proposed rule include enhanced transportation safety resulting from the consistency of domestic and international hazard communications and continued access to foreign markets by domestic shippers of hazardous materials. This proposed rule applies to offerors and carriers of hazardous materials, such as chemical manufacturers, chemical users and suppliers, packaging manufacturers, distributors, battery manufacturers, radiopharmaceutical companies, and training companies.

The majority of amendments in this proposed rule should result in cost savings and ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America. For example, cost savings will be realized by shippers and carriers as a result of the following:

• Eliminating the air eligibility marking requirement.
• Amendments allowing numerous Class 3, PG II materials with a Class 8 sub-risk and others to be transported as a limited quantity.
• Allowing cylinders to be used for many more substances than currently authorized.
• Allowing salvage packagings to be used for non-conforming packages; and generally minimizing differences between U.S. and international hazardous materials transportation regulations.

We would authorize a delayed effective date and a one-year transition period to allow for training of employees and to ease any burden on entities affected by the amendments. The total net increase in costs to businesses in implementing this rulemaking is considered to be minimal and a preliminary regulatory evaluation is available for review in the Docket.

B. Executive Order 13132

This proposed rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”). This proposed rule preempts State, local and Indian tribe requirements but does not propose any regulation that has substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply.

The Federal hazardous material transportation law, 49 U.S.C. 5101-5127, contains an express preemption provision (49 U.S.C. 5125(b)) that preempts State, local, and Indian tribe requirements on certain covered subjects. Covered subjects are:

(1) The designation, description, and classification of hazardous materials;

(2) The packing, repacking, handling, labeling, marking, and placarding of hazardous materials;

(3) The preparation, execution, and use of shipping documents related to hazardous materials and requirements related to the number, contents, and placement of those documents;

(4) The written notification, recording, and reporting of the unintentional release in transportation of hazardous; or

(5) The design, manufacture, fabrication, marking, maintenance, recondition, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material.

This proposed rule addresses covered subject items (1), (2), (3), and (5) above and would preempt State, local, and Indian tribe requirements not meeting the “substantively the same” standard. This proposed rule is necessary to incorporate changes adopted in international standards, effective January 1, 2003. If the changes in this proposed rule are not adopted in the HMR, U.S. companies, including numerous small entities competing in foreign markets, would be at an economic disadvantage. These companies would be forced to comply with a dual system of regulations. The changes proposed in this rulemaking are intended to avoid this result. Federal hazardous materials transportation law provides at section 5125(b)(2) that, if DOT issues a regulation concerning any of the covered subjects, DOT must determine and publish in the Federal Register the effective date of Federal preemption. The effective date may not be earlier than the 90th day following the date of issuance of the final rule and not later than two years after the date of issuance. We propose that the effective date of Federal preemption be 90 days from the date of publication of a final rule in the Federal Register .

C. Executive Order 13175

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

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

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities, unless the agency determines that a rule is not expected to have a significant impact on a substantial number of small entities. This proposed rule would serve to facilitate the transportation of hazardous ( printed page 34737) materials in international commerce by providing consistency with international standards. This proposed rule applies to offerors and carriers of hazardous materials, some of whom are small entities, such as chemical users and suppliers, packaging manufacturers, distributors, battery manufacturers, and training companies.

As discussed above, under Executive Order 12866, the majority of amendments in this proposed rule should result in cost savings and ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America.

Many companies will realize economic benefits as a result of the proposed amendments. If the changes proposed in this NPRM are not adopted, U.S. companies, including small entities competing in foreign markets, will be forced to comply with a dual system of regulations to their economic disadvantage. Therefore, I certify that these proposed amendments will not have a significant economic impact on a substantial number of small entities. This certification is subject to modification as a result of a review of comments received in response to this proposed rulemaking.

This proposed rule has been developed in accordance with Executive Order 13272 (“Proper Consideration of Small Entities in Agency Rulemaking”) and DOT's procedures and policies to promote compliance with the Regulatory Flexibility Act to ensure that potential impacts of draft rules on small entities are properly considered.

E. Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995, no person is required to respond to a collection of information unless it displays a valid Office of Management and Budget (OMB) control number. Section 1320.8(d), title 5, Code of Federal Regulations requires that RSPA provide interested members of the public and affected agencies an opportunity to comment on information collection and recordkeeping requests. RSPA currently has two approved information collections affecting this proposed rule: OMB Control Number 2137-0557, “Approvals for Hazardous Materials” with 25,605 burden hours and $562,837.40 burden costs; and OMB Control Number 2137-0613, “Subsidiary Hazard Class & Number/Type of Packagings” with 63,309 burden hours and $216,705 burden costs.

There would be only minor editorial changes proposed under this rule. However, there is no net increase in burden for OMB Control Number 2137-0557 or OMB Control Number 2137-0613. We estimate that the proposed total information collection and recordkeeping burden as follows:

“Approvals for Hazardous Materials,” OMB Number 2137-0557:

Total Annual Number of Respondents: 3,523.

Total Annual Responses: 3,874.8.

Total Annual Burden Hours: 25,605.

Total Annual Burden Cost: $562,837.40.

“Subsidiary Hazard Class & Number/Type of Packagings,” OMB Number 2137-0613:

Total Annual Number of Respondents: 250,000.

Total Annual Responses: 6,337,500.

Total Annual Burden Hours: 17,604.

Total Annual Burden Cost: $216,705.

Total First Year Burden Hours: 45,705.

Total First Year Burden Cost: $1,115,992.

Requests for a copy of this information collection should be directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous Materials Standards (DHM-10), Research and Special Programs Administration, Room 8422, 400 Seventh Street, SW., Washington, DC 20590-0001, telephone (202) 366-8553. Written comments should be addressed to the Dockets Unit identified in the ADDRESSES section of this rulemaking. We should receive comments regarding information collection burdens prior to the close of the comment period identified in the DATES section of this rulemaking.

F. Regulatory Identifier Number (RIN)

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

G. Unfunded Mandates Reform Act

This final rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $120.7 million or more to either State, local or tribal governments, in the aggregate, or to the private sector, and is the least burdensome alternative that achieves the objective of the rule.

H. Environmental Assessment

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

I. Privacy Act

Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (volume 65, number 70; pages 19477-78), or you may visit http://dms.dot.gov.

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