SUMMARY: This final rule consolidates Docket HM-215C and HM-217 
(``Labeling Requirements for Poisonous Materials''). RSPA is amending 
the Hazardous Materials Regulations (HMR) to maintain alignment with 
international standards by incorporating numerous changes to proper 
shipping names, hazard classes, packing groups, special provisions, 
packaging authorizations, air transport quantity limitations and vessel 
stowage requirements. In addition, RSPA is making other amendments to 
the HMR, including eliminating the ``Keep Away From Food'' label for 
poisonous materials in Division 6.1, Packing Group III. Because of 
recent changes to the International Maritime Dangerous Goods Code (IMDG 
Code), the International Civil Aviation Organization's Technical 
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO 
Technical Instructions), and the United Nations Recommendations on the 
Transport of Dangerous Goods (UN Recommendations), these revisions are 
necessary to facilitate the transport of hazardous materials in 
international commerce.

DATES: Effective Date: October 1, 1999.
    Voluntary Compliance Date: RSPA is authorizing immediate voluntary 
compliance, with the exception of the provisions contained in 
Sec. 173.301(i). Persons voluntarily complying with these regulations 
should be aware that petitions for reconsideration may be received and, 
as a result of RSPA's evaluation of those petitions, the amendments 
adopted in this final rule could be subject to further revision.
    Delayed Compliance Date: Unless otherwise specified, compliance 
with the amendments adopted in this final rule is required beginning on 
October 1, 2000.
    Incorporation by Reference Date: The incorporation by reference of 
publications listed in this final rule has been approved by the 
Director of the Federal Register as of October 1, 1999.

FOR FURTHER INFORMATION CONTACT: Bob Richard, Assistant International 
Standards Coordinator, telephone (202) 366-0656, or Joan McIntyre, 
Office of Hazardous Materials Standards, telephone (202) 366-8553, 
Research and Special Programs Administration, U.S. Department of 
Transportation, 400 Seventh Street, S.W., Washington, D.C. 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Introduction

    This final rule consolidates two rulemakings; Docket HM-215C, 
``Harmonization with the UN Recommendations, IMDG Code and ICAO 
Technical Instructions'' and the previous Docket HM-217, ``Labeling 
Requirements for Poisonous Materials.'' By publication of Docket HM-
215C notice of proposed rulemaking (NPRM) [63 FR 44312], Docket HM-217 
was terminated as a separate rulemaking action.

II. Background

    On December 21, 1990, RSPA published a final rule [Docket HM-181; 
55 FR 52402] which comprehensively revised the Hazardous Materials 
Regulations (HMR), 49 CFR Parts 171 to 180, with respect to hazard 
communication, classification, and packaging requirements, based on the 
UN Recommendations. One intended effect of the rule was to facilitate 
the international transportation of hazardous materials by ensuring a 
basic consistency between the HMR and international regulations.
    The UN Recommendations are not regulations, but are recommendations 
issued by the UN Committee of Experts on the Transport of Dangerous 
Goods. These recommendations are amended and updated biennially by the 
UN Committee of Experts and are distributed to nations throughout the 
world. 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 Dangerous Goods Panel). In 49 CFR 
171.12, the HMR authorize 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. Offering, 
accepting and transporting hazardous materials by aircraft, in 
compliance with the ICAO Technical Instructions, and by motor vehicle 
either before or after being transported by aircraft, are authorized in 
Sec. 171.11 (subject to certain conditions and limitations).
    On December 29, 1994, RSPA published a final rule [Docket HM-215A; 
59 FR 67390] amending the HMR by incorporating changes to more fully 
align the HMR with the seventh and eighth revised editions of the UN 
Recommendations, Amendment 27 to the IMDG Code and the 1995-96 ICAO 
Technical Instructions. The final rule provided consistency with 
international air and sea transportation requirements which became 
effective January 1, 1995.
    On May 6, 1997, RSPA published a final rule [Docket HM-215B; 62 FR 
24690] amending the HMR by incorporating changes to more fully align 
the HMR with the ninth revised edition of the UN Recommendations, 
Amendment 28 to the IMDG Code and the 1997-1998 ICAO Technical 
Instructions. The final rule provided consistency with international 
air and sea transportation requirements which became effective January 
1, 1997.
    In a final rule published October 29, 1998 (Docket HM-215C; 63 FR 
57929), RSPA incorporated by reference the latest editions of the ICAO 
Technical Instructions and the IMDG Code into the HMR. This action 
ensured that international shippers could begin complying with changes 
to international air and vessel standards, which become effective on 
January 1, 1999, in the event that this final rule was not published by 
that date. In addition, the October 29, 1998 final rule amended a 
shipping paper requirement for the use of the ICAO Technical 
Instructions.
    This final rule amends the HMR based on the tenth revised edition 
of the UN Recommendations, the 1999-2000 ICAO Technical Instructions, 
and Amendment 29 to the IMDG Code with the intent to more fully align 
the HMR with international air and sea transport requirements which 
became effective January 1, 1999. Petitions for rulemaking pertinent to 
harmonization with international standards and the facilitation of 
international transportation were also considered and are the basis of 
certain changes incorporated in this final rule. Other changes are 
based on feedback from the regulated industry and RSPA initiatives.

III. Summary and Overview

    On August 18, 1998, RSPA published an NPRM (Docket HM-215C; 63 FR 
44312) to continue its efforts to facilitate the transport of hazardous 
materials in international commerce. RSPA received approximately 30 comments in response to the NPRM. These comments were 
submitted by industry associations representing chemical manufacturers 
and distributors and packaging manufacturers and reconditioners. 
Comments were also submitted from a gas strut manufacturer, a battery 
manufacturer, a chemical manufacturer, a paint manufacturer and 
distributor, and Transport Canada. Commenters expressed support of 
RSPA's effort to align the HMR with international standards to provide 
consistency and facilitate the international transportation of 
hazardous materials. The majority of commenters supported various 
proposals, but some commenters raised concerns and recommended 
alternative amendments to certain proposals which are discussed in 
Section IV of this final rule. Some commenters suggested amendments 
which are beyond the scope of this final rule and must first be subject 
to an NPRM to provide adequate opportunity for notice and comments. 
These issues may be addressed in separate rulemakings.
    Amendments to the HMR contained in this final rule include:

--Addition of a new approval provision to allow use of recycled 
plastics material for the manufacturing of plastic drums and jerricans.
--Amendments to the Hazardous Materials Table (HMT) which add, revise 
or remove certain proper shipping names, hazard classes, packing 
groups, special provisions, including portable tank requirements, 
packaging authorizations, bulk packaging requirements, and passenger 
and cargo aircraft maximum quantity limitations.
--Amendments to the List of Marine Pollutants which remove, revise and 
add certain entries.
--Amendments to remove, revise and add certain special provisions, 
including one new special provision to deregulate cotton under specific 
conditions.
--Amendment of the n.o.s. and generic proper shipping names which are 
required to be supplemented with technical names in association with 
the basic description.
--Incorporation of provisions authorizing the reconditioning of 
packagings other than metal drums.
--Incorporation of four new shipping descriptions to more clearly 
describe internal combustion engines and vehicles powered by flammable 
liquid and flammable gas fuels.
--Elimination of the KEEP AWAY FROM FOOD label for poisonous materials 
in Division 6.1, Packing Group III. Requiring the use of a POISON or 
TOXIC label on packagings containing materials meeting the toxicity 
criteria for poisonous materials in Division 6.1, Packing Group III. 
Allowing optional text on, or adjacent to, the POISON or TOXIC label to 
read ``PG III.''
--Addition of reciprocity provisions for Canadian cylinders.
--Amendment of continuing requalification requirements for portable 
tanks and intermediate bulk containers (IBCs) which are intended for 
the transport of a single material.
--Addition of requirements for limited quantity packagings containing 
fragile inner packagings.
--Incorporation of an exception for certain shock absorbers, struts, 
gas springs and shocks and other automobile energy absorbing articles.
--Amendment of IBC repair, qualification and maintenance requirements.

IV. Section-by-Section Summary of Regulatory Changes

Part 171

    Section 171.2. RSPA is amending paragraph (d)(1) by adding the 
letters ``CTC'' to the list of specification indications which may not 
be misrepresented according to Sec. 171.2(c). This is necessary as a 
result of a new provision in Sec. 173.301(i) authorizing the use of CTC 
specification cylinders under certain conditions.
    Section 171.7. RSPA is updating the incorporation by reference for 
four American Society of Mechanical Engineers (ASTM) standards, one 
American Pyrotechnics Association (APA) standard, one Department of 
Defense (DOD) standard, and the UN Recommendations. The ICAO Technical 
Instructions were updated to the 1999-2000 edition and the IMDG Code 
was updated to Amendment 29, in a final rule, published October 29, 
1998 [Docket HM-215C; 63 FR 44312] and effective January 1, 1999. One 
new incorporation by reference is added under the International 
Organization for Standardization (ISO).
    ``ASTM D 3278--95 Standard Test Methods for Flash Point of Liquids 
by Small Scale (Setaflash) Closed-Cup Apparatus'' is updated to the 
1996 edition. ``ASTM D 56-93 Standard Test Method for Flash Point by 
Tag Closed Tester,'' ``ASTM D 93-94 Standard Test Method for Flash 
Point by Pensky-Martens Closed Cup Tester'' and ``ASTM D 3828-93 
Standard Test Method for Flash Point by Small Scale Closed Tester'' are 
updated to the 1997 editions. These updates reflect the latest 
revisions to these standards which are used for the classification of 
Class 3 flammable liquids in Secs. 173.120 and 173.121. ``APA Standard 
87-1, Standard for Construction and Approval for Transportation of 
Fireworks, Novelties, and Theatrical Pyrotechnics'' is updated to the 
January 23, 1998 version which brings the standards up to date with 
current industry practices. ``DOD TB 700-2; NAVSEAINST 8020.8; AFTO 
11A-1-47; DLAR 8220.1: Explosives Hazard Classification Procedure'' is 
updated to the January 1998 edition. References to the UN 
Recommendations are updated to the tenth revised edition and an 
incorrect reference to Sec. 172.519 is removed in the second column. 
RSPA reviewed the updated standards and concluded that no major 
technical amendments have been incorporated into these standards.
    Finally, consistent with the addition of a new special provision 
for the entry ``Cotton,'' NA1365, ``ISO 8115, Cotton Bales--Dimensions 
and Density, 1986 Edition'' is added to the table of material 
incorporated by reference. (See the amendments to the Hazardous 
Materials Table.)
    Section 171.8. The text for the ``N.O.S.'' definition is revised to 
reflect the changes in this final rule regarding the addition of a new 
symbol to specify the n.o.s. and generic proper shipping names which 
are required to be supplemented with a technical name. (See the 
preamble discussion under Secs. 172.101(b) and 172.203(k)(3)).
    Sections 171.11, 171.12 and 171.12a. Paragraphs (d)(14), (b)(17) 
and (b)(16) of Secs. 171.11, 171.12 and 171.12a, respectively, are 
revised for consistency with Sec. 173.306(a)(1) which provides certain 
exceptions for limited quantities of compressed gases in containers of 
not more than four fluid ounces.
    Section 171.12a. The amendments proposed to this section in the 
NPRM providing for reciprocity for certain Canadian specification 
cylinders to be transported within the U.S. will be incorporated into 
Sec. 173.301(i). See preamble discussion under Sec. 173.301.
    Section 171.14. Paragraph (d) is revised to provide a delayed 
implementation date for amendments adopted in this final rule. The 
effective date of the final rule is October 1, 1999. However, RSPA is 
authorizing an immediate voluntary compliance date to allow shippers to 
prepare their shipments in accordance with the new ICAO, IMDG Code and 
HMR provisions. RSPA is also authorizing a delayed mandatory compliance 
date with the new requirements until October 1, 2000. This delay offers 
a sufficient phase-in period to implement new provisions and deplete current stocks of 
shipping papers, labels, placards and packagings affected by the new 
requirements. In addition, paragraph (d)(2) permits intermixing of old 
and new hazard communication requirements until October 1, 2000. As 
stated in the NPRM, based on its own initiative and comments provided 
in petitions, RSPA is extending a delayed implementation period for use 
of the POISON label for Division 6.1, Packing Group III materials and 
allowing continued use of the KEEP AWAY FROM FOOD label until October 
1, 2003.

Part 172

    Section 172.101. RSPA received favorable comments for including the 
addition of a new symbol to Sec. 172.101(b) and the Hazardous Materials 
Table (HMT) to denote the n.o.s. and generic proper shipping names 
which are required to be supplemented with the technical name of the 
hazardous material (in parentheses and in association with the basic 
description). In the NPRM, RSPA proposed using the asterisk (*) as the 
new symbol. It has since been brought to RSPA's attention that the 
asterisk symbol poses a problem for computer searches. Therefore, in 
this final rule, RSPA is replacing the asterisk symbol with the letter 
``G'' to identify n.o.s. and generic proper shipping names which must 
meet the technical name requirement. Previously, these proper shipping 
names were listed in Sec. 172.203(k)(3). The change is adopted in this 
final rule to simplify and improve the use of the HMR. As a result of 
the change, Sec. 172.203(k)(3) is removed. In addition, approximately 
19 new proper shipping names are added to be required to be 
supplemented with a technical name. The technical name requirement for 
these entries are consistent with the UN Recommendations. As discussed 
in the NPRM, certain proper shipping names are currently required to be 
supplemented with a technical name in the UN Recommendations. However, 
in the opinion of RSPA, these entries do not warrant a supplemental 
technical name. The majority of these are pesticides with proper 
shipping names which RSPA believes are sufficiently descriptive. RSPA 
believes that requiring these proper shipping names to be supplemented 
with technical names adds minimal value for emergency response purposes 
while introducing an unwarranted burden on the shipper. On this basis, 
RSPA is not adopting the technical name requirement for these proper 
shipping names. Readers should be aware that certain n.o.s. and generic 
proper shipping names may be required to be supplemented with technical 
names when being transported internationally. In addition, based on its 
own initiative, RSPA is adding or removing certain proper shipping 
names concerning the technical name requirement for consistency with 
the tenth revised edition of the UN Recommendations. (See preamble 
discussion under Sec. 172.203.)
    A commenter stated that the plus (+) sign is not an appropriate 
symbol to denote materials classified on the basis of human experience 
because it is used for other purposes in the HMR. RSPA does not agree 
with the commenter that the plus sign is an inappropriate symbol and 
points out that the plus sign is presently used in the HMR to indicate 
materials classified on the basis of human experience. In the NPRM, 
RSPA proposed to add the plus sign to additional materials which are 
classified on the basis of human experience consistent with the UN 
Recommendations. RSPA is not convinced that there would be any benefit 
in using a different symbol.
    Another commenter expressed concern that the proposal to add a plus 
sign to Column (1) of the HMT for epichlorohydrin on the basis of human 
experience would cause his company economic hardship. The commenter 
stated that, if adopted, the classification would be fixed for every 
mixture or solution containing epichlorohydrin, including very dilute 
solutions of epichlorohydrin in water even if the mixtures or solutions 
do not meet the criteria for hazard classification in the HMR. In 
response to this comment, RSPA notes that a mixture or solution 
containing epichlorohydrin where the hazard is significantly different 
from that of the pure material should be evaluated on the basis of 
classification criteria. If such a mixture or solution does not meet 
the corresponding hazard class, a different proper shipping name may be 
used. Therefore, RSPA is adopting, as proposed, the plus sign for 
epichlorohydrin and other materials identified in the NPRM.
    The Hazardous Materials Table (HMT). Amendments to the HMT for the 
purpose of harmonizing with the tenth revised edition of the UN 
Recommendations include the following:
    The plus (+) sign is added to Column 1 to fix the proper shipping 
name, hazard class and packing group for the entries, ``Aminophenols 
(o-;m-;p-),'' ``Chlorodinitrobenzenes,'' ``Dichloroanilines, liquid,'' 
``Dichloroanilines, solid,'' ``o-Dichlorobenzene,'' ``N,N-
Diethylaniline,'' ``Epichlorohydrin,'' ``Nitroanilines (o-;m-;p-;),'' 
``Nitroanisole,'' ``Nitrobenzene,'' ``Nitrophenols (o-;m-;p-;),'' 
``Phenetidines,'' ``Phenylenediamines (o-;m-;p-;),'' ``Toluene 
diisocyanate,'' ``Toluidines, liquid'' and ``Toluidines, solid.'' This 
action aligns the HMR with the UN Recommendations which use Special 
Provision 279 to indicate materials which are classified on the basis 
of human experience.
    Various other changes to the HMT include the following:
    A number of hazardous materials proper shipping names are revised, 
including the deletion of the word ``commercial'' from the entries, 
``Charges, shaped, commercial, without detonator,'' (UN 0059, 0439, 
0440 and 0441), the revision of the entry ``Amyl alcohols'' to 
``Pentanols'' and the revision of the entry ``Dithiocarbamate 
pesticides, liquid, toxic'' to ``Thiocarbamate pesticide, liquid, 
toxic.''
    For entries such as ``Aluminum alkyls'' and ``Sodium nitrite,'' the 
subsidiary risks are revised. A typographical error in the NPRM's 
regulatory text for the entry ``Sodium nitrite'' resulted in omitting 
the primary hazard and is corrected in this final rule.
    The entries, ``Aviation regulated liquid, n.o.s.'' and ``Aviation 
regulated solid, n.o.s.'' are added for alignment with the ICAO 
Technical Instructions and the UN Recommendations.
    The entry ``Wheel chair, electric'' is removed as a proper shipping 
name and an italicized entry is added to refer users of the HMR to the 
proper shipping name ``Battery-powered vehicle or Battery-powered 
equipment.'' RSPA received a comment requesting a revision to 
Sec. 175.10(a)(20)(iv)(C) which requires the packaging to be marked 
``Battery, wet, with wheelchair'' and which the commenter referred to 
as a proper shipping name. The commenter stated that the proper 
shipping name is not in the HMT. RSPA points out that in 
Sec. 175.10(a)(20)(iv)(C), ``Battery, wet, with wheelchair'' is a 
marking and not a proper shipping name. On this basis, RSPA has made no 
changes to Sec. 175.10(a)(20)(iv)(C).
    For materials such as ``Chlorosilanes, corrosive, n.o.s,'' Column 7 
is revised to reflect the alignment of the portable tank assignments 
with those in the UN Recommendations.
    In the NPRM, RSPA proposed to revise the Column (7) special 
provisions relating to portable tanks, for the entry, ``Corrosive 
liquids, toxic, n.o.s.,'' UN2922, for Packing Groups I and II. A commenter pointed out that the revisions are not consistent with the UN 
Recommendations. RSPA agrees with the commenter and is not adopting the 
proposed revisions.
    For the entry, ``Plastic molding compounds in dough, sheet or 
extruded rope form evolving flammable vapor,'' to correct an error, the 
non-bulk packaging authorization reference is revised to read ``221.'' 
In addition, Sec. 173.221 is amended to authorize bulk packagings. The 
packaging authorization for the entry, ``Polymeric beads, expandable, 
evolving flammable vapor'' is revised to read ``221.'' (See additional 
preamble discussion under Sec. 173.221.)
    For the entries, ``Batteries, wet, filled with acid, electric 
storage'' and ``Batteries, wet, filled with alkali, electric storage'' 
RSPA is increasing the passenger aircraft quantity limitation from 25 
kg gross mass to 30 kg gross mass. This change is consistent with the 
amendments to the 1999-2000 edition of the ICAO Technical Instructions.
    In response to a petition for rulemaking (P-1316), RSPA proposed 
that baled cotton not meeting the criteria of any hazard class would be 
excepted from the requirements of the HMR under certain conditions. In 
this final rule, RSPA is adding a new special provision for NA1365, 
``Cotton'' (dry), to exclude it from the HMR when it is baled in 
accordance with ISO 8115, ``Cotton Bales--Dimensions and Density'' to a 
density of at least 360 kg/m \3\ (22.4lb/ft \3\) and it is transported 
in a freight container or closed transport vehicle. This action is 
consistent with a decision taken by the IMO and a subsequent competent 
authority approval issued by RSPA.
    As proposed in the NPRM, based on its own initiative, RSPA is 
adding a new entry, ``Dangerous goods in machinery or Dangerous goods 
in apparatus'' to the HMT. The proper shipping name is assigned 
identification number, NA8001, and Special Provision 136 is added for 
directions on class assignment. As stated in the NPRM, this entry was 
adopted in the ICAO Technical Instructions to provide an exception from 
the UN packaging performance tests for equipment, machinery or 
apparatus containing small quantities of hazardous materials. RSPA 
believes this entry is useful for transport by all modes of 
transportation and provides a more practical means of describing 
machinery or apparatus, containing small quantities of hazardous 
materials, when the machinery or apparatus is not specifically listed 
in the HMT. A commenter suggested that the proper shipping name be 
given a Class 9 assignment. RSPA agrees with the commenter. RSPA 
proposed to the UN Committee of Experts that a UN number and proper 
shipping name be provided and that Class 9 be assigned. Following the 
Committee's response, RSPA will address this issue in a future 
rulemaking.
    A commenter requested that RSPA not adopt the proposed change for 
the entry, ``Chloropicrin.'' In the NPRM, RSPA proposed to change the 
non-bulk packaging authorization cite in Column (8B) from Sec. 173.227 
to Sec. 173.193. The proposed change was in error and RSPA is not 
adopting this change.
    Concerning the new entry, ``Nitroglycerin mixture, desensitized, 
liquid, flammable, n.o.s.,'' UN3343, RSPA received a comment 
questioning the impact that the new entry would have on existing 
competent authority approvals. These competent authority approvals 
provide for these materials to be described as ``Flammable liquids, 
n.o.s.,'' UN1993. The commenter asked RSPA to consider ``grandfathering 
the existing approvals in the final rule.'' It is RSPA's position that 
to reflect the new shipping description, these approvals can be updated 
upon a request from the approval holders. RSPA believes that the 
transition periods adopted in this final rule will provide sufficient 
time for processing updated approvals in order to avoid any potential 
inconvenience on the part of approval holders.
    The Vessel Operators Hazardous Materials Association (VOHMA) 
requested that RSPA consider including the alpha-numeric special 
provisions corresponding to the codes in Sec. 176.84 for materials 
identifed as requiring stowage ``away from'' foodstuffs or ``separated 
from'' foodstuffs. VOHMA stated that this action would provide 
consistent identification of the materials for proper stowage and 
segregation when being transported by vessel. RSPA believes VOHMA's 
request has merit and will consider it in a future NPRM to afford the 
public the opportunity to provide comments.
    Readers should be aware that for certain entries in the HMT, such 
as those with revised proper shipping names, the change may appear as a 
removal and addition. Readers should review all changes appearing in 
the Sec. 172.101 HMT for a complete view of the changes.
    Appendix B to Sec. 172.101. A number of materials are added, 
removed or amended in the HMR's List of Marine Pollutants. The 
amendments are consistent with the marine pollutants identified in 
Amendment 29 to the IMDG Code. One entry, ``Nitrates, inorganic, 
n.o.s.,'' which was mistakenly referred to in the NPRM's preamble as 
being proposed for removal, was actually removed from the marine 
pollutant list in an earlier final rule published under Docket HM-215B 
(May 6, 1997; 62 FR 24743).
    Section 172.102. Eleven new special provisions are added and one is 
removed for consistency with the tenth revised edition of the UN 
Recommendations; three obsolete special provisions are removed; and two 
are editorially revised as follows:
    Special Provision 43 is amended by adding an exception for certain 
nitrocellulose membrane filters. The exception is consistent with the 
1999-2000 edition of the ICAO Technical Instructions.
    Special Provision 125 is revised to correct an editorial error for 
the percentages of phlegmatizers in mixtures.
    A new special provision 129 is assigned to the new entry, 
``Nitroglycerin mixture, desensitized, liquid, flammable, n.o.s. with 
not more than 30% nitroglycerin, by mass'' to require that the 
material's classification, transportation, packing group assignment and 
packaging must be approved by the Associate Administrator for Hazardous 
Materials Safety.
    A new special provision 130 is added for the entry, ``Battery, dry, 
not subject to the requirements of this subchapter'' to identify 
conditions that must be met before the material may be excepted from 
the HMR.
    A new special provision 131 is assigned to the new entry, 
``Flammable solid, oxidizing, n.o.s.,'' (Packing Groups II and III), to 
prohibit the material from being offered for transportation unless 
approved by the Associate Administrator for Hazardous Materials Safety.
    A new special provision 132 is added for the proper shipping name, 
``Ammonium nitrate fertilizers,'' UN2071. The special provision allows 
this material to be excepted from the requirements of the HMR provided 
a UN trough test (Section 38, UN Manual of Test and Criteria) 
demonstrates that the material is not liable to self-sustaining 
decomposition, and that the material does not contain an excess of 
nitrate greater than 10% by mass. This material is only regulated when 
offered for transportation by aircraft and vessel modes.
    A new special provision 133 is added for the new entry, ``Air bag 
inflators, compressed gas or Air bag modules, compressed gas or Seat-
belt pretensioners, compressed gas,'' to clarify which articles should be transported under these shipping 
descriptions. The special provision provides conditions for packaging 
and design of these articles. In the NPRM, RSPA inadvertently included 
articles containing a Division 2.1 gas for which authorization for 
transportation is being retained under an exemption. This error is 
corrected in this final rule. The air bag and seat-belt pretensioner 
descriptions listed in the HMT may be used only for articles that may 
be excluded from Class 1.
    A new special provision 134 is added for the entry ``Battery-
powered vehicle or Battery-powered equipment'' to identify the entry as 
being used for battery-powered equipment or vehicles.
    A new special provision 135 is added for the new entries, 
``Engines, internal combustion, flammable gas powered,'' ``Engines, 
internal combustion, flammable liquid powered,'' ``Vehicle, flammable 
gas powered,'' and ``Vehicle, flammable liquid powered'' to indicate 
the appropriate shipping description to be used when internal 
combustion engines are installed in a vehicle.
    A new special provision 136 is added for the new entry, ``Dangerous 
goods in machinery or Dangerous goods in apparatus.'' The special 
provision clarifies the restrictions and exceptions for transporting 
hazardous materials under the new entry. (Also, see preamble discussion 
under ``The Hazardous Materials Table.'')
    A new special provision 137 is added for the entry, ``Cotton,'' 
NA1365. See preamble discussion under ``The Hazardous Materials Table 
(HMT).''
    A new special provision 138 is added for the entry, ``Lead 
compounds, soluble, n.o.s.'' This special provision clarifies the 
definition for soluble lead compounds.
    A new special provision A35 is added for the new entries, 
``Aviation regulated liquid, n.o.s.'' and ``Aviation regulated solid, 
n.o.s.,'' to clarify that the proper shipping names include any 
substance not meeting any of the other hazard classes, but which has 
certain properties that could cause extreme annoyance or discomfort in 
the event of spillage or leakage aboard aircraft to crew members so as 
to prevent their performance of duties.
    Special Provision 17 applies to the entry, ``Hydrogen peroxide, 
aqueous solutions with not less than 8 percent but less than 20 percent 
hydrogen peroxide (stabilized as necessary).'' Special Provision 17 
would be deleted because the information it contains is duplicative 
with the italicized portion of the proper shipping name.
    Special Provision 20 is removed because it no longer is used for 
any entries in the HMT.
    Special Provision 104 is removed for consistency with the UN 
Recommendations and in response to a petition for rulemaking filed by 
the Institute of Makers of Explosives (P-1317).
    As proposed in the NPRM and based on a previous comment received by 
RSPA, Special Provision B101 is editorially revised to clarify that 
when intermediate bulk containers are used, only those constructed of 
metal are authorized.
    Special Provision N9 applies to the entry, ``Cotton waste, oily,'' 
UN1364. Special Provision N9 is deleted, consistent with the deletion 
of Special Provision 34 in the tenth revised edition of the UN 
Recommendations.
    Section 172.203. In Sec. 172.203, paragraph (k) is revised to 
reflect that the letter ``G'' in Column (1) of the HMT identifies 
n.o.s. and generic proper shipping names requiring a technical name. 
(See preamble discussion under Sec. 172.101.)
    Section 172.313. A new paragraph (d) is added to reflect that ``PG 
III'' may be marked adjacent to the POISON label as an alternative to 
displaying the text ``PG III,'' instead of ``Poison'' or ``Toxic,'' 
below the mid-line of the label. (See preamble discussion under 
Secs. 172.400 and 172.400a.)
    Sections 172.400, 172.400a.
    For poisonous materials in Division 6.1, Packing Group III, RSPA 
proposed in the NPRM to eliminate the KEEP AWAY FROM FOOD label and 
require the use of a POISON label on such packagings. RSPA also 
proposed to allow optional text on the POISON label to read ``PG III,'' 
instead of ``POISON'' or ``TOXIC.'' (Readers should refer to the NPRM 
for background information.) RSPA received approximately ten comments 
regarding this issue.
    Some of the commenters had concerns about international acceptance 
and harmonization of the ``PG III'' text. Several commenters suggested 
that RSPA delay consideration and revisit the issue in a future 
rulemaking to allow more time for comments and to wait until the 
international community adopts the provisions. One commenter requested 
that RSPA retain the KEEP AWAY FROM FOOD label as an alternate label. 
Because provisions in international regulations permit the insertion of 
text indicating the nature of the risk, it is RSPA's opinion that a 
POISON label displaying ``PG III'' as text is acceptable in 
international transportation. Furthermore, RSPA believes that 
sufficient time for comment has been offered for comments and 
consideration of the provisions. RSPA published an ANPRM on November 8, 
1993, under Docket HM-217 (58 FR 59224), and published an NPRM on 
August 18, 1998 NPRM, under Docket HM-215C, addressing changes to 
Division 6.1, Packing Group III labeling requirements consistent with 
an amendment incorporated in the eighth revised edition of the UN 
Recommendations. Two commenters requested that RSPA consider hazardous 
materials employee training and cost impact when considering 
implementation of the change. RSPA gave consideration to these issues 
before publishing the NPRM, and as explained in the NPRM, and is 
providing a sufficient phase-in period to implement the new provisions 
for training and minimizes any additional costs that may be incurred.
    The Air Line Pilots Association (ALPA) stated its opposition to 
placing only the ``PG III'' marking on the POISON label. ALPA stated 
that placing the ``PG III'' marking on the label without the ``POISON'' 
or ``TOXIC'' text would not be understood by hazardous materials 
employees who are performing loading functions. RSPA disagrees. Section 
172.401(c) allows packages of hazardous materials bearing labels which 
are in conformance with the UN Recommendations, ICAO Technical 
Instructions, IMDG Code and Canadian TDG Regulations, to be shipped in 
the U.S. These labels do not have text indicating the hazard, but 
display pictorial hazard warning symbols, which are internationally 
recognized.
    Most commenters supported an alternative label for Packing Group 
III, however, a few commenters suggested that RSPA consider 
alternatives other than the ``PG III'' text on the POISON label, such 
as a special handling label or that ``PG III'' be allowed to be marked 
adjacent to the POISON label. After consideration of commenters' 
recommendations, RSPA is adopting the recommendation that a ``PG III'' 
marking be allowed to be displayed adjacent to the POISON label as 
suggested by these commenters. The segregation requirements of 
Secs. 174.680(b), 176.600(c) and 177.841(e)(3) are revised to reflect 
this change.
    In conclusion, RSPA is eliminating the KEEP AWAY FROM FOOD label, 
requiring the use of a POISON label on such packagings, and allowing 
``PG III'' as optional text on the POISON label or as a marking 
adjacent to the label.
    Section 172.405. Paragraph (f)(10) in 172.405 is revised to reflect 
that a label for a Division 6.1 Packing Group III material may be modified to display the text ``PG III'' instead of 
``POISON'' or ``TOXIC,'' below the mid-line of the label. 
Alternatively, ``PG III'' may be marked adjacent to the label as 
authorized by Sec. 172.313. (See also, Secs. 174.680, 176.600 and 
177.841.)
    Section 172.407. The table in paragraph (b) is revised to add the 
lettering size requirements for SPONTANEOUSLY COMBUSTIBLE and DANGEROUS 
WHEN WET labels.
    Section 172.431. This section is removed and reserved, thereby 
deleting the specifications for the KEEP AWAY FROM FOOD label.
    Section 172.504. Consistent with the changes in Secs. 172.400, 
172.400a, 172.405 and 172.407, in the paragraph (e) Table 2, the entry 
for Division 6.1, Packing Group III is removed and the entry for 
Division 6.1, Packing Group I or II, other than Zone A or B inhalation 
hazard is revised. Paragraph (f)(10) is revised to reflect that a 
placard for Division 6.1, PG III material may be modified to display 
the text ``PG III'' below the mid-line of the placard or adjacent to 
the POISON label.
    Section 172.553. This section is removed and reserved, in line with 
Sec. 172.431, to delete the specifications for the KEEP AWAY FROM FOOD 
label.

Part 173

    Section 173.1. For uniformity with other references in the HMR, the 
reference to the ``Recommendations of the United Nations Committee of 
Experts on the Transport of Dangerous Goods'' in paragraph (d) is 
revised to read ``UN Recommendations.''
    Section 173.2a. As proposed in the NPRM, the Sec. 173.2a, paragraph 
(b) Precedence of Hazard Table is revised to align it with the UN 
Recommendations' Precedence of Hazard Table. Consistent with the UN 
Recommendations, RSPA is revising two entries to provide for the 
Division 4.3, Packing Group II hazard and the Division 5.1, Packing 
Group II hazards to take precedence over the Class 8 Packing Group II 
hazard.
    Section 173.25. In the NPRM, RSPA proposed to revise paragraph (b) 
to authorize shrink-wrapped or stretch-wrapped trays as outer 
packagings only if the inner packagings are not fragile, liable to 
break or be easily punctured (such as those made of glass, porcelain, 
stoneware or certain plastics). Several commenters stated that they 
supported the proposed change to eliminate the requirement that shrink-
wrapped or stretch-wrapped trays conform to the PG III performance 
requirements. However, several commenters, including The Hazardous 
Materials Advisory Council (HMAC) and the National Paint and Coatings 
Association (NPCA) expressed concern with the text ``Inner packagings 
are not fragile, liable to break or be easily punctured'' and stated 
that this text may need further clarification. The Chemical Specialties 
Manufacturers Association (CSMA) stated that the term ``certain 
plastics'' should be clarified to explain what is and is not 
acceptable. None of the commenters offered any suggested wording. RSPA 
notes that the proposed text is consistent with the text in the UN 
Recommendations and that to clarify what is meant by fragile 
packagings, including ``certain plastics,'' the proposal identifies 
examples of such packagings (namely, ``such as packagings made of 
glass, porcelain, stoneware or certain plastics.''). RSPA also notes 
that the term ``fragile'' is used in Sec. 178.601(g)(2)(i) and that its 
use there has not posed any significant difficulties in interpretation. 
RSPA also received a request to increase the 20 kg gross weight 
limitation. RSPA will consider refinements to this text to further 
clarify the meaning of fragile packaging and for increasing the 20 kg 
gross weight limitation on the basis of specific written proposals and 
may consider them for amendment of international and domestic 
regulations in a future rulemaking.
    Section 173.28. In the NPRM, RSPA proposed to revise paragraph 
(c)(2) and add a new paragraph (c)(5) to authorize the reconditioning 
of packagings other than metal drums. RSPA received comments suggesting 
revisions to clarify the intent of the paragraph. The Association of 
Container Reconditioners (ACR) stated that the proposed changes to 
paragraph (c)(2) do not establish a clear and orderly definition for 
the reconditioning of non-bulk packages, other than steel drums. HMAC 
recommended clarification of the wording ``all components.'' RSPA 
agrees with both commenters and is incorporating the recommended 
editorial changes into this final rule. This revision is consistent 
with amendments adopted in the tenth revised edition of the UN 
Recommendations.
    Section 173.29. In Sec. 173.29(b)(2)(iv)(B), the referenced 
absolute pressure ``less than 276 kPa (40 psia); at 21 deg. C (70 deg. 
F)'' is corrected to read ``less than 280 kPa (40.6 psia); at 20 deg. C 
(68 deg. F)'' for consistency with the absolute pressure reference in 
Sec. 173.115(b).
    Section 173.32b. In the NPRM, RSPA proposed to revise paragraph 
(b)(1) to allow for the internal inspection of IM portable tanks to be 
waived or substituted by other test methods if a leakproofness test is 
performed prior to each filling. One commenter identified an analytical 
method which is used to determine leakage in Teflon PTFE-lined tanks 
and requested that it be authorized. RSPA is familiar with this method 
and has issued an exemption (DOT E-11827) to allow its use in place of 
performing the 2.5 year internal inspection. The procedure is very 
detailed and does not lend itself to incorporation into the 
regulations. To streamline the process of approving other acceptable 
methods, RSPA is providing an approval provision to allow other 
alternative procedures when approved by the Associate Administrator for 
Hazardous Materials Safety.
    Section 173.32c. Paragraph (j) is revised for consistency with the 
UN Recommendations to allow IM portable tanks which are filled to less 
than 20% of their capacity, to be offered for transportation. Also, for 
consistency with the UN Recommendations, the provision excluding non-
flowable solids is broadened to include viscous liquids with a low flow 
rate.
    Section 173.34. RSPA is amending the table in paragraph (e) by 
adding a footnote to indicate that CTC specification cylinders are 
subject to the provisions in Sec. 173.301(i).
    Section 173.35. RSPA proposed in the NPRM to eliminate a provision 
prohibiting the reuse of fiberboard, wooden and some flexible 
intermediate bulk containers (IBCs) but to maintain a restriction 
against the reuse of multiwall paper flexible IBCs (13M1 and 13M2).
    The Association of Container Reconditioners (ACR) in referring to 
paragraph (b)(2), stated that if the required markings are missing, it 
may not be possible for a reuser or reconditioner to be sure how to 
remark the IBC. RSPA maintains that it is the responsibility of the 
reuser or reconditioner to ensure that the IBC is marked correctly and 
if the required markings are no longer legible and cannot be 
established, the IBC no longer qualifies as a UN standard packaging.
    Another commenter expressed concern about permitting the reuse of 
corrugated (fiberboard) IBCs with respect to the degradation of the 
fiberboard due to reuse. As set forth in paragraph (b), each IBC must 
be visually inspected to ensure it is free from corrosion, 
contamination, cracks or other damage which would render the IBC unsafe 
for transportation. If the IBC has damage which would render it unsafe 
for transportation, it is the shipper's obligation to not reuse the 
IBC.
    Based on the foregoing, RSPA is adopting the changes as proposed. 
Also see the preamble discussion in Sec. 180.352 concerning IBCs.
    Section 173.56. In paragraphs (b)(2)(i) and (b)(3)(i), the 
reference to a DOD incorporation by reference document is updated by 
removing an outdated edition date. A corresponding change with the 
updated edition date is made under Sec. 171.7.
    Section 173.59. Consistent with amendments adopted in the tenth 
revised edition of the UN Recommendations and consequential amendments 
to the HMT, the word ``commercial'' is deleted from the proper shipping 
names, ``Charges, shaped, commercial, without detonator'' appearing in 
this section.
    Section 173.121. In the NPRM, RSPA proposed to revise paragraph (b) 
to align it with the UN Recommendations based on a decision taken by 
the UN Committee of Experts at its nineteenth session. Paragraph (b) 
provides an exception for viscous flammable liquids such as paints, 
enamels, varnishes, adhesives and polishes with a flash point of less 
than 23  deg.C to be classified as PG III materials, provided the 
material does not contain any substance with a primary or subsidiary 
risk of Division 6.1 or Class 8. In the ninth revised edition, the UN 
Committee of Experts included an exception which authorized mixtures 
containing not more than 5% of substances in Packing Group I or Packing 
Group II of Division 6.1 or Class 8, or not more than 5% of substances 
in Packing Group I of Class 3 requiring a Division 6.1 or Class 8 
subsidiary label to be reclassified in PG III in the Recommendations. 
This exception was not adopted by ICAO or IMO based in part on 
proposals submitted by RSPA, and has since been removed from the UN 
Recommendations. Although the National Paint and Coatings Association 
(NPCA) supports the revision for viscous flammable liquids, NPCA 
expressed concern that the text is not consistent with international 
standards. Because the UN Recommendations removed the exception, the 
text proposed by RSPA and adopted in this final rule is consistent with 
the tenth revised edition of the UN Recommendations, the 1999-2000 ICAO 
Technical Instructions and Amendment 29 to the IMDG Code. As stated in 
the NPRM, RSPA believes the amendment enhances safety while simplifying 
the classification provisions in Sec. 173.121.
    Section 173.159. In Sec. 173.159(g)(2), RSPA is authorizing 
additional packagings for electrolyte, acid or alkaline corrosive 
battery fluid included with storage batteries and filling kits. RSPA 
received a petition for rulemaking (P-1313) which provided data 
supporting that the corrosive effect of battery fluid on steel is 
slight and that steel drums and steel boxes have a structural integrity 
that exceeds the presently authorized plywood and wooden boxes. RSPA 
agrees with the commenter and is revising paragraph (g)(2) to read 
``strong, rigid outer packagings'' to authorize the use of steel drums 
and steel boxes. Also, this change eliminates the need for exemption, 
DOT E-10989.
    A commenter requested that in paragraph (c)(6), the minimum Mullen 
test strength of corrugated slip covers be reduced from 200 pounds to 
125 pounds. This request is beyond the scope of this final rule and may 
be considered in a rulemaking in the future.
    Two commenters recommended that RSPA amend the HMR to provide 
additional information on the application of the entry, ``Battery, wet, 
non-spillable,'' UN2800, to enhance consistency with the ICAO Technical 
Instructions and the IMDG Code. Although the requirements applicable 
for non-spillable batteries are currently fairly consistent with those 
in the ICAO Technical Instructions and the IMDG Code, RSPA agrees that 
additional harmonization could be achieved. Considering that the NPRM 
did not address requirements for non-spillable batteries, RSPA is not 
adopting the commenter's suggestion in this final rule. RSPA will take 
this issue into account and consider whether to propose incorporation 
of such changes into the HMR in a future NPRM, or develop proposals to 
the UN Committee of Experts, ICAO or IMO. Persons interested in 
proposing amendments to further harmonize the requirements for non-
spillable batteries are encouraged to provide comments to RSPA with 
specific recommendations.
    Section 173.162. In Sec. 173.162, the packaging requirements for 
gallium are revised to offer shippers a wider selection of packaging 
alternatives while maintaining an adequate level of safety. The 
revision is consistent with the IMDG Code.
    Section 173.164. In Sec. 173.164, in paragraph (a), the limitation 
for quicksilver flasks of not more than 3.5 kg (7.7 pounds) capacity is 
replaced with 35 kg (77 pounds). This action corrects an editorial 
error and brings the quantity in line with ICAO. Paragraph (c) is also 
revised to correct an editorial error by removing the 100 mg. quantity 
limitation for mercury in manufactured articles or apparatuses.
    Section 173.166. Section 173.166 is revised for consistency with 
the new Division 2.2 entry, ``Air bag inflators pyrotechnic or Air bag 
modules pyrotechnic or Seat-Belt pretensioners pyrotechnic.'' Paragraph 
(c) is also revised to clarify that the EX number or product code is 
required to appear on shipping papers only.
    Section 173.196. In Sec. 173.196, paragraph (a)(1)(iii) states that 
absorbent material must be placed between the primary receptacle and 
the secondary packaging. Consistent with a decision taken by the ICAO 
Dangerous Goods Panel, absorbent material is only necessary for liquid 
materials. On this basis, in Sec. 173.196(a)(1)(iii), the words ``When 
the primary receptacle contains liquids'' are inserted in the first 
sentence before ``An absorbent material''.
    Section 173.220. RSPA is amending Sec. 173.220 to include 
requirements for both liquid and gas fueled vehicles consistent with 
amendments adopted by ICAO in Packing Instruction 900 and the four new 
shipping descriptions for incorporation in the HMT for internal 
combustion engines and vehicles. For editorial purposes and clarity, 
specific requirements in Sec. 173.306(d) relevant to gas powered 
vehicles and hazardous components installed in vehicles are 
consolidated in this section. In addition, based on a comment received 
from the Air Transport Association, RSPA is allowing self-propelled 
vehicles operated by diesel fuel to be transported by aircraft without 
having to drain the tank. This amendment is consistent with the ICAO 
Technical Instructions.
    Section 173.221. In response to two petitions for rulemaking (P-
1344 and P-1353), RSPA is revising the packaging requirements for 
``Polymeric beads, expandable, evolving flammable vapor'' and ``Plastic 
molding compound in dough, sheet or extruded rope form evolving 
flammable vapor'' while consolidating the non-bulk and bulk packaging 
requirements in Sec. 173.221. The use of bulk packagings are authorized 
for ``Plastic molding compound in dough, sheet or extruded rope form 
evolving flammable vapor.''
    RSPA received a comment to the NPRM from The Composites Fabricators 
Association requesting that paragraph (a) be revised to include steel 
racks, metal and plastic crates and shrink-wrap on pallets as non-bulk 
packaging authorizations for plastic molding compound in dough, sheet 
or extruded rope form, evolving flammable vapor, when transported on 
dedicated vehicles or freight containers. The commenter reasoned that 
the non-bulk authorizations should include packaging options similar to 
those proposed in the NPRM for bulk packages in paragraph (b). The commenter states that the use of steel 
racks, metal or plastic crates, and shrink-wrap on pallets have been 
utilized safely for non-bulk and bulk packagings of plastic molding 
compound for decades and their exclusion from non-bulk authorization 
would place small producers of plastic molding compound at a 
disadvantage to larger producers. RSPA agrees and is revising this 
provision accordingly.
    The commenter also requested that the italicized descriptions from 
the HMT, (i.e., ``evolving flammable vapor'' and ``in dough, sheet or 
extruded rope form evolving flammable vapor'' for plastic molding 
compound) be added to the proper shipping names in paragraphs (a) and 
(b). The commenter stated that omitting the italicized description may 
result in confusion among manufacturers of plastic molding compounds 
that do not evolve flammable vapor. RSPA agrees with the commenter and 
is revising paragraphs (a) and (b) to reflect the clarification.
    Section 173.222. RSPA is removing the current provisions appearing 
in Sec. 173.222 pertaining to wheelchairs transported in commerce. The 
removal of these provisions is consistent with the amendment removing 
the entry for ``Wheel chair, electric'' in the HMT. As stated earlier 
in the preamble discussion to the HMT, an italicized entry is added to 
refer users of the HMR to ``Battery-powered vehicle or Battery-powered 
equipment,'' UN3171. ``Battery-powered vehicle'' and ``Battery-powered 
equipment'' are the proper shipping names used in the ICAO Technical 
Instructions, IMDG Code and UN Recommendations for wheel chair, 
electric. Section 173.222 will contain requirements applicable to the 
new entry, ``Dangerous goods in machinery or Dangerous Goods in 
Apparatus.'' These requirements are consistent with those currently in 
the ICAO Technical Instructions. (Also see preamble discussion under 
the HMT.)
    Section 173.224. RSPA is adding the word ``product'' before the 
word ``evaluation'' in paragraph (c)(3). This change clarifies that the 
exception for samples applies for purposes of shipping products for 
evaluation and not only for hazard classification purposes.
    Section 173.225. In paragraph (b), a new organic peroxide 
formulation is added to the Organic Peroxides table consistent with the 
tenth revised edition of the UN Recommendations. Various entries are 
corrected due to typographical errors. n addition, in line with the 
revision in Sec. 173.224(c)(3), the word ``product'' is inserted before 
the word ``evaluation'' in paragraph (c)(2). In addition, various 
changes are made to correct printing errors.
    Section 173.243. RSPA is adding a new paragraph (e)(3) to authorize 
a material with a Class 8 subsidiary hazard, PG III to be packaged in 
accordance with Sec. 173.242. In the IMDG Code, certain dual hazard 
materials with a subsidiary hazard of Class 8, PG III are permitted in 
IBCs, consistent with those specified in Sec. 173.242. Section 
173.242(e) authorizes certain dual hazard materials with subsidiary 
risks of Class 3, with a flash point greater than 38 deg. C, and 
Division 6.1, PG III to be packaged in intermediate bulk containers 
specified in Sec. 173.242. However, this exception is not applied to 
dual hazard materials with subsidiary hazards of Class 8, PG III. RSPA 
has issued a number of competent authority approvals consistent with 
the intermediate bulk container assignments for these materials in the 
IMDG Code, and on this basis, is incorporating this allowance into the 
HMR.
    Section 173.301. RSPA is revising paragraph (i) to clarify that 
non-DOT specification cylinders which are being imported into or 
exported from the U.S. or passing through the U.S., in the course of 
being shipped between places outside the U.S., may be offered and 
accepted for transportation and transported by motor vehicle within a 
single port area (including contiguous harbors) when packaged, marked, 
classed, labeled, stowed and segregated in accordance with the IMDG 
Code. This exception was not readily apparent in Sec. 173.301(i) which 
resulted in numerous inquiries by users of the HMR.
    This section also is revised to allow use of Canadian Transport 
Commission (CTC) specification cylinders for transportation to, from 
and within the U.S. In the NPRM, based in part on a petition for 
rulemaking submitted by the Compressed Gas Association, Inc. (CGA, P-
1321), RSPA proposed to authorize use of certain Canadian cylinders 
manufactured in conformance with the Canadian Transport of Dangerous 
Goods (TDG) Regulations and marked ``TDG'' or ``CTC.'' The NPRM 
proposed four conditions for use of these cylinders including a 
requirement that the cylinder be marked ``DOT/'' immediately before the 
Canadian specification marking (such as, ``DOT/CTC''). Comments 
supported the proposal authorizing Canadian cylinders to be filled and 
transported to, from and within the U.S. However, several commenters, 
including CGA and the National Welding Supply Association, Inc. (NWSA) 
and Transport Canada were opposed to marking Canadian specification 
cylinders at the time of requalification with a ``DOT'' marking 
preceding the Canadian marking already on the cylinder. They stated 
that a cylinder in full conformance with the TDG Regulations should not 
be required to be marked ``DOT'' and they requested that RSPA allow the 
cylinders to transported in commerce in the U.S. without any additional 
marking.
    Transport Canada stated that ``Canadian cylinders, like DOT 
cylinders, are manufactured worldwide under controlled certification, 
third party approval and retest procedures consistent with RSPA's third 
party approval and retest procedures.'' They also pointed out that 
cylinders manufactured and approved according to the TDG Regulations 
are currently marked ``TC'' and that there are no Canadian cylinders 
marked ``TDG.'' Earlier Canadian manufactured cylinders have the 
markings ``CTC'', ``CRC'' and ``BTC.'' They requested that RSPA 
consider authorizing use of all TC specification packagings, including 
those corresponding to DOT or MC specification markings.
    One commenter stated that because the authorization to use Canadian 
cylinders is included in Sec. 171.12a, as opposed to Part 173 of the 
HMR, the provision falls short of full acceptance of cylinders approved 
by Transport Canada. The commenter stated that the proposed provision 
would not permit the transport of Canadian cylinders from one point in 
the U.S. to another, or transport from the U.S. into Canada.
    On the basis of the comments, RSPA is adopting the proposed 
provisions with several modifications. RSPA is adding the authorization 
to use CTC cylinders in Sec. 173.301, instead of Sec. 171.12a. The 
authorization will allow cylinders marked ``CTC'' and conforming to TDG 
Regulations to be transported to, from and within the U.S. Section 
171.2(d)(1) is amended by adding the letters ``CTC'' to the list of 
specification indications that may not be misrepresented according to 
Sec. 171.2(c). Section 173.34(e) is amended to include the retest 
periods for CTC specification cylinders and to allow these foreign 
cylinders to be excepted from Sec. 173.301(j) when they conform to 
certain conditions. RSPA is not including the requirement to mark 
Canadian specification cylinders at the time of requalification with a 
``DOT'' marking preceding the Canadian marking already on the cylinder. 
To allow time for trade associations to inform retesters and fillers 
about the decisions taken in this rule, RSPA is not authorizing immediate voluntary compliance; that is, upon publication 
of this final rule, with the new requirements in Sec. 173.301(i)(2) for 
CTC specification cylinders. RSPA is authorizing use of the new 
requirements applicable to CTC specification cylinders consistent with 
the effective date of the final rule (October 1, 1999).
    RSPA is not authorizing use of CRC and BTC cylinders in 
Sec. 173.301(i). RSPA believes that there is not an overwhelming number 
of cylinders bearing the ``CRC'' or ``BTC'' marks available for 
transport into the U.S. to justify addressing them in Sec. 173.301(i). 
These cylinders were manufactured prior to 1973 and many are no longer 
in service. RSPA is concerned that recognizing these additional marks 
would unnecessarily complicate the cylinder specification marking 
system used in the U.S. In addition, RSPA is not authorizing the use of 
TC specification cylinders in this final rule because they are marked 
with the service pressure in metric units according to the Canadian TDG 
Regulations. RSPA is concerned that the metric marking on these 
cylinders would be confusing for U.S. retesters and refillers. RSPA 
proposed the adoption of four new metric-marked DOT cylinder 
specifications in a proposed rule (HM-220; 63 FR 58469) published 
October 30, 1998. RSPA may consider authorizing the use of TC cylinders 
once certain issues are addressed, such as the training and education 
for retesters and fillers, and the differences in marking requirements 
for TC cylinders and those for the proposed new DOT specification 
cylinders. The decisions taken in this rule are not intended to and do 
not impact the continued acceptance of Canadian or U.S. cylinders which 
are dual marked ``CTC'' and ``DOT'' to indicate that they conform to 
the requirements of the TDG Regulations and the HMR.
    Section 173.306. RSPA received several comments pertaining to the 
NPRM's proposal to include an exception in Sec. 173.306(f) for 
accumulators intended to function as shock absorbers, struts, gas 
springs, pneumatic springs or other energy absorbing devices. In the 
NPRM, RSPA proposed to except the accumulators from the requirements of 
the HMR, if they meet certain conditions. The majority of commenters 
supported the exception and complimented RSPA for harmonizing the HMR 
with the UN Recommendations. The American Automobile Manufacturers 
Association (AAMA) stated that efficiencies and cost savings will be 
realized by adopting the exception. One commenter suggested a change to 
the exception, as proposed in the NPRM, by requesting that the minimum 
burst pressure for pressurized accumulators be changed to three times 
the charge pressure. The commenter provided no technical details or 
safety justification for the alternative requirement, other than to 
claim that an industry standard specifies a safety factor of two times 
the charge pressure. The commenter also stated that the proposed 
exception will not effect the exemption, DOT E 8786. RSPA points out 
that the exemption does not authorize a minimum burst pressure of three 
times the charge pressure. On the contrary, the exemption specifies 
burst pressures consistent with those proposed in the NPRM.
    Based on the foregoing, RSPA is adopting, as proposed, the new 
accumulator exception by adding a new paragraph (f)(4). This amendment 
is consistent with Special Provision 283 in the tenth revised edition 
of the UN Recommendations, as modified in a petition from the AAMA, (P-
1335). RSPA also is adopting, as proposed, an approval provision to 
allow accumulators not conforming to the provisions of the new 
exception parameters to be considered by RSPA under its approvals 
program. In addition, the provisions in paragraphs (d)(1), (d)(2), 
(d)(3) and (d)(4) are relocated to the revised Sec. 173.220 and the 
subparagraphs are removed.

Part 174

    Section 174.81. The paragraph (f) Compatibility Table for Class 1 
(Explosive) Materials is revised to allow Compatibility Group G to be 
loaded and transported with Compatibility Groups C, D and E under 
certain conditions. This allowance is consistent with the 
Sec. 176.144(a) Table for Authorized Mixed Stowage for Explosives 
aboard vessels and with the IMDG Code. RSPA is revising the 
Sec. 177.848 Compatibility Table to reflect the same allowance.
    Section 174.680. Paragraph (b) is revised to authorize separation 
in the same car, rather than segregation in different cars, of Division 
6.1, Packing Group III materials from foodstuffs. The reference to the 
KEEP AWAY FROM FOOD label is removed and replaced by a reference to a 
modified POISON label displaying ``PG III'' text, or a ``PG III'' 
marking placed immediately adjacent to the POISON label.

Part 175

    Section 175.630. Paragraph (a) is amended by removing the reference 
to the KEEP AWAY FROM FOOD label.

Part 176

    Section 176.76. A new paragraph (i) is added, consistent with 
Amendment 29 of the IMDG Code, to require flammable gases or liquids 
having a flashpoint of 23 deg. C or less to be stowed away from 
possible sources of ignition.
    Se