[Federal Register: October 23, 2000 (Volume 65, Number 205)]
[Proposed Rules]               
[Page 63393-63435]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc00-16]                         
 
[[pp. 63393-63435]] Harmonization With the United Nations Recommendations, 
International Maritime Dangerous Goods Code, and International Civil 
Aviation Organization's Technical Instructions

[[Continued from page 63392]]

[[Page 63393]]


Charges, bursting, plastics bonded...  UN0457                               07
Charges, bursting, plastics bonded...  UN0458                               07
Charges, bursting, plastics bonded...  UN0459                               06
Charges, bursting, plastics bonded...  UN0460                               05
Charges, demolition..................  UN0048                               03
Charges, depth.......................  UN0056                               03
Charges, explosive, commercial         UN0442                               07
 without detonator.
Charges, explosive, commercial         UN0443                               07
 without detonator.
Charges, explosive, commercial         UN0444                               06
 without detonator.
Charges, explosive, commercial         UN0445                               05
 without detonator.
Charges, propelling..................  UN0271                               07
Charges, propelling..................  UN0272                               07
Charges, propelling..................  UN0415                               07
Charges, propelling..................  UN0491                               06
Charges, propelling, for cannon......  UN0242                               10
Charges, propelling, for cannon......  UN0279                               10
Charges, propelling, for cannon......  UN0414                               10
Charges, shaped, flexible, linear....  UN0237                               06
Charges, shaped, flexible, linear....  UN0288                               07
Charges, shaped, without detonator...  UN0059                               07
Charges, shaped, without detonator...  UN0439                               07
Charges, shaped, without detonator...  UN0440                               06
Charges, shaped, without detonator...  UN0441                               05
Charges, supplementary explosive.....  UN0060                               10
Components, explosive train, n.o.s...  UN0382                               11
Components, explosive train, n.o.s...  UN0383                               06
Components, explosive train, n.o.s...  UN0384                               05
Components, explosive train, n.o.s...  UN0461                               11
Contrivances, water-activated, with    UN0248                               08  8E, 14E, 15E, 17E
 burster, expelling charge or
 propelling charge.
Contrivances, water-activated, with    UN0249                               08  8E, 14E, 15E, 17E
 burster, expelling charge or
 propelling charge.
Cord, detonating, flexible...........  UN0065                               07
Cord, detonating, flexible...........  UN0289                               06
Cord detonating or Fuse detonating     UN0102                               07
 metal clad.
Cord, detonating or Fuse, detonating   UN0290                               07
 metal clad.
Cord, detonating, mild effect or       UN0104                               06
 Fuse, detonating, mild effect metal
 clad.
Cord, igniter........................  UN0066                               06
Cutters, cable, explosive............  UN0070                               05
Cyclotetramethylenetetranitramine,     UN0484                               10
 desensitized or Octogen,
 desensitized or HMX, desensitized.
Cyclotetramethylenetetranitramine,     UN0226                               10
 wetted or HMX, wetted or Octogen,
 wetted with not less than 15 percent
 water, by mass.
Cyclotrimethylenetrinitramine,         UN0483                               10
 desensitized or Cyclonite,
 desensitized or Hexogen,
 desensitized or RDX, desensitized.
Cyclotrimethylenetrinitramine, wetted  UN0072                               10
 or Cyclonite, wetted or Hexogen,
 wetted or RDX, wetted with not less
 than 15 percent water by mass.
Deflagrating metal salts of aromatic   UN0132                               10  5E
 nitroderivatives, n.o.s.
Detonator assemblies, non-electric     UN0360                               11
 for blasting.
Detonator assemblies, non-electric     UN0361                               06
 for blasting.
Detonator assemblies, non-electric     UN0500                               05
 for blasting.
Detonators, electric, for blasting...  UN0030                               11
Detonators, electric, for blasting...  UN0255                               06
Detonators, electric for blasting....  UN0456                               05
Detonators for ammunition............  UN0073                               11
Detonators for ammunition............  UN0364                               11
Detonators for ammunition............  UN0365                               06
Detonators for ammunition............  UN0366                               05
Detonators, non-electric, for          UN0029                               11
 blasting.
Detonators, non-electric, for          UN0267                               06
 blasting.
Detonators, non-electric for blasting  UN0455                               05
Diazodinitrophenol, wetted with not    UN0074                               12
 less than 40 percent water or
 mixture of alcohol and water, by
 mass.
Diethyleneglycol dinitrate,            UN0075                               13  21E
 desensitized with not less than 25
 percent non-volatile, water-
 insoluble phlegmatizer, by mass.
Dinitroglycoluril or Dingu...........  UN0489                               10
Dinitrophenol, dry or wetted with      UN0076                               10  5E
 less than 15 percent water, by mass.
Dinitrophenolates alkali metals, dry   UN0077                               10  5E
 or wetted with less than 15 percent
 water, by mass.
Dinitroresorcinol, dry or wetted with  UN0078                               10  5E
 less than 15 percent water, by mass.
Dinitrosobenzene.....................  UN0406                               10
Dipicryl sulfide, dry or wetted with   UN0401                               10
 less than 10 percent water, by mass.
Explosive, blasting, type A..........  UN0081                               10  21E
Explosive, blasting, type B..........  UN0082                               10
Explosive, blasting, type B or Agent   UN0331                               10
 blasting, Type B.
Explosive, blasting, type C..........  UN0083                               10  22E

[[Page 63394]]


Explosive, blasting, type D..........  UN0084                               10
Explosive, blasting, type E..........  UN0241                               10  19E
Explosive, blasting, type E or Agent   UN0332                               10
 blasting, Type E.
Fireworks............................  UN0333                               07
Fireworks............................  UN0334                               07
Fireworks............................  UN0335                               07
Fireworks............................  UN0336                               06
Fireworks............................  UN0337                               05
Flares, aerial.......................  UN0093                               07
Flares, aerial.......................  UN0403                               06
Flares, aerial.......................  UN0404                               05
Flares, aerial.......................  UN0420                               07
Flares, aerial.......................  UN0421                               07
Flares, surface......................  UN0092                               07
Flares, surface......................  UN0418                               07
Flares, surface......................  UN0419                               07
Flash powder.........................  UN0094                               15
Flash powder.........................  UN0305                               15
Fracturing devices, explosive,         UN0099                               07
 without detonators for oil wells.
Fuse, igniter tubular metal clad.....  UN0103                               06
Fuse, non-detonating instantaneous or  UN0101                               07
 quickmatch.
Fuse, safety.........................  UN0105                               05
Fuzes, detonating....................  UN0106                               11
Fuzes, detonating....................  UN0107                               11
Fuzes, detonating....................  UN0257                               06
Fuzes, detonating....................  UN0367                               05
Fuzes, detonating, with protective     UN0408                               07
 features.
Fuzes, detonating, with protective     UN0409                               07
 features.
Fuzes, detonating, with protective     UN0410                               06
 features.
Fuzes, igniting......................  UN0316                               07
Fuzes, igniting......................  UN0317                               06
Fuzes, igniting......................  UN0368                               05
Grenades, empty primed...............  NA0349                               05
Grenades, hand or rifle, with          UN0284                               07
 bursting charge.
Grenades, hand or rifle, with          UN0285                               07
 bursting charge.
Grenades, hand or rifle, with          UN0292                               08
 bursting charge.
Grenades, hand or rifle, with          UN0293                               08
 bursting charge.
Grenades, practice, hand or rifle....  UN0110                               05
Grenades, practice, hand or rifle....  UN0318                               07
Grenades, practice, hand or rifle....  UN0372                               07
Grenades, practice, Hand or rifle....  UN0452                               06
Guanyl nitrosaminoguanylidene          UN0113                               12
 hydrazine, wetted with not less than
 30 percent water, by mass.
Guanyl nitrosaminoguanyltetrazene,     UN0114                               12
 wetted or Tetrazene, wetted with not
 less than 30 percent water or
 mixture of alcohol and water, by
 mass.
Hexanitrodiphenylamine or              UN0079                               10
 Dipicrylamine or Hexyl.
Hexanitrostilbene....................  UN0392                               10
Hexolite, or Hexotol dry or wetted     UN0118                               10
 with less than 15 percent water, by
 mass.
Hexotonal............................  UN0393                               10
Igniters.............................  UN0121                               07
Igniters.............................  UN0314                               07
Igniters.............................  UN0315                               07
Igniters.............................  UN0325                               06
Igniters.............................  UN0454                               05
Jet perforating guns, charged oil      NA0124                               07
 well, with detonator.
Jet perforating guns, charged oil      NA0494                               06
 well, with detonator.
Jet perforating guns, charged, oil     UN0124                               07
 well, without detonator.
Jet perforating guns, charged, oil     UN0494                               06
 well, without detonator.
Lead azide, wetted with not less than  UN0129                               12
 20 percent water or mixture of
 alcohol and water, by mass.
Lead mononitroresorcinate............  NA0473                               12
Lead styphnate, wetted or Lead         UN0130                               12
 trinitroresorcinate, wetted with not
 less than 20 percent water or
 mixture of alcohol and water, by
 mass.
Lighters, fuse.......................  UN0131                               05
Mannitol hexanitrate, wetted or        UN0133                               10
 Nitromannite, wetted with not less
 than 40 percent water, or mixture of
 alcohol and water, by mass.
5-Mercaptotertrazol-1-acetic acid....  UN0448                               09
Mercury fulminate, wetted with not     UN0135                               12
 less than 20 percent water, or
 mixture of alcohol and water, by
 mass.
Mines with bursting charge...........  UN0136                               08
Mines with bursting charge...........  UN0137                               03
Mines with bursting charge...........  UN0138                               03
Mines with bursting charge...........  UN0294                               08

[[Page 63395]]


Model rocket motor...................  NA0276                               06
Model rocket motor...................  NA0323                               05
Nitro urea...........................  UN0147                               10
5-Nitrobenzotriazol..................  UN0385                               10
Nitrocellulose, dry or wetted with     UN0340                               13  27E
 less than 25 percent water (or
 alcohol), by mass.
Nitrocellulose, plasticized with not   UN0343                               10
 less than 18 percent plasticizing
 substance, by mass.
Nitrocellulose, unmodified or          UN0341                               13  27E
 plasticized with less than 18
 percent plasticizing substance, by
 mass.
Nitrocellulose, wetted with not less   UN0342                               10
 than 25 percent alcohol, by mass.
Nitroglycerin, desensitized with not   UN0143                               13  21E
 less than 40 percent non-volatile
 water insoluble phlegmatizer, by
 mass.
Nitroglycerin, solution in alcohol,    UN0144                               10  21E
 with more than 1 percent but not
 more than 10 percent nitrogylcerin.
Nitroguanidine or Picrite, dry or      UN0282                               10
 wetted with less than 20 percent
 water, by mass.
Nitrostarch, dry or wetted with less   UN0146                               10
 than 20 percent water, by mass.
Nitrotriazolone or NTO...............  UN0490                               10
Octolite or Octol, dry or wetted with  UN0266                               10
 less than 15 percent water, by mass.
Octonal..............................  UN0496                               10
Pentaerythrite tetranitrate or         UN0411                               10
 Pentaerythritol tetranitrate or
 PETN, with not less than 7 percent
 wax by mass.
Pentaerythrite tetranitrate, wetted    UN0150                               10
 or Pentaerythritol tetranitrate,
 wetted, or PETN, wetted with not
 less than 25 percent water, by mass,
 or Pentaerythrite tetranitrate, or
 Pentaerythritol tetranitrate or
 PETN, desensitized with not less
 than 15 percent phlegmatizer by mass.
Pentolite, dry or wetted with less     UN0151                               10
 than 15 percent water, by mass.
Powder cake, wetted or Powder paste,   UN0433                               10
 wetted with not less than 17 percent
 alcohol by mass.
Powder cake, wetted or Powder paste,   UN0159                               10
 wetted with not less than 25 percent
 water, by mass.
Powder, smokeless....................  UN0160                   ..............  26E
Powder, smokeless....................  UN0161                   ..............  26E
Primers, cap type....................  UN0044                               05
Primers, cap type....................  UN0377                               11
Primers, cap type....................  UN0378                               06
Primers, tubular.....................  UN0319                               07
Primers, tubular.....................  UN0320                               06
Primers, tubular.....................  UN0376                               05
Projectiles, inert with tracer.......  UN0345                               01
Projectiles, inert, with tracer......  UN0424                               03
Projectiles, inert, with tracer......  UN0425                               02
Projectiles, with burster or           UN0346                               03
 expelling charge.
Projectiles, with burster or           UN0347                               02
 expelling charge.
Projectiles, with burster or           UN0426                               08
 expelling charge.
Projectiles, with burster or           UN0427                               08
 expelling charge.
Projectiles, with burster or           UN0434                               03
 expelling charge.
Projectiles, with burster or           UN0435                               02
 expelling charge.
Projectiles, with bursting charge....  UN0167                               08
Projectiles, with bursting charge....  UN0168                               03
Projectiles, with bursting charge....  UN0169                               03
Projectiles, with bursting charge....  UN0324                               08
Projectiles, with bursting charge....  UN0344                               02
Propellant, liquid...................  UN0495                               10
Propellant, liquid...................  UN0497                               10
Propellant, solid....................  UN0498                   ..............  26E
Propellant, solid....................  UN0499                   ..............  26E
RDX and HMX mixtures, wetted with not  UN0391                               10
 less than 15 percent water by mass
 or RDX and HMX mixtures,
 desensitized with not less than 10
 percent phlegmatizer by mass.
Release devices, explosive...........  UN0173                               05
Rivets, explosive....................  UN0174                               05
Rocket motors........................  UN0186                               03
Rocket motors........................  UN0280                               03
Rocket motors........................  UN0281                               03
Rocket motors, liquid fueled.........  UN0395                               04  23E
Rocket motors, liquid fueled.........  UN0396                               04  23E
Rocket motors with hypergolic liquids  UN0250                               08  8E, 14E, 15E,
 with or without an expelling charge.
Rocket motors with hypergolic liquids  UN0322                               08  8E, 14E, 15E,
 with or without an expelling charge.
Rockets, line-throwing...............  UN0238                               07
Rockets, line-throwing...............  UN0240                               07
Rockets, line-throwing...............  UN0453                               06
Rockets, liquid fueled with bursting   UN0397                               04  23E
 charge.
Rockets, liquid fueled with bursting   UN0398                               04  23E
 charge.
Rockets, with bursting charge........  UN0180                               08
Rockets, with bursting charge........  UN0181                               03

[[Page 63396]]


Rockets, with bursting charge........  UN0182                               03
Rockets, with bursting charge........  UN0295                               08
Rockets, with expelling charge.......  UN0436                               03
Rockets, with expelling charge.......  UN0437                               03
Rockets, with expelling charge.......  UN0438                               02
Rockets, with inert head.............  UN0183                               03
Samples, explosive, other than         UN0190                               14
 initiating explosives.
Signal devices, hand.................  UN0191                               06
Signal devices, hand.................  UN0373                               05
Signals, distress, ship..............  UN0194                               07
Signals, distress, ship..............  UN0195                               07
Signals, railway track, explosive....  UN0192                               07
Signals, railway track, explosive....  UN0193                               05
Signals, railway track, explosive....  UN0492                               07
Signals, railway track, explosive....  UN0493                               06
Signals, smoke.......................  UN0196                               07
Signals, smoke.......................  UN0197                               06
Signals, smoke.......................  UN0313                               07
Signals, smoke.......................  UN0487                               07
Sodium dinitro-o-cresolate, dry or     UN0234                               10  5E
 wetted with less than 15 percent
 water, by mass.
Sodium picramate, dry or wetted with   UN0235                               10  5E
 less than 20 percent water, by mass.
Sounding devices, explosive..........  UN0204                               08
Sounding devices, explosive..........  UN0296                               08
Sounding devices, explosive..........  UN0374                               07
Sounding devices, explosive..........  UN0375                               07
Substances, explosive, n.o.s.........  UN0357                   ..............  8E, 14E, 15E, 17E
Substances, explosive, n.o.s.........  UN0358                   ..............  8E, 14E, 15E, 17E
Substances, explosive, n.o.s.........  UN0359                   ..............  8E, 14E, 15E, 17E
Substances, explosive, n.o.s.........  UN0473                               12
Substances, explosive, n.o.s.........  UN0474                               10
Substances, explosive, n.o.s.........  UN0475                               10
Substances, explosive, n.o.s.........  UN0476                               08
Substances, explosive, n.o.s.........  UN0477                               10
Substances, explosive, n.o.s.........  UN0478                               08
Substances, explosive, n.o.s.........  UN0479                               09
Substances, explosive, n.o.s.........  UN0480                               09
Substances, explosive, n.o.s.........  UN0481                               05
Substances, explosive, n.o.s.........  UN0485                               08
Substances, explosive, very            UN0482                               10
 insensitive, n.o.s., or Substances,
 EVI, n.o.s.
Tetranitroaniline....................  UN0207                               10
Tetrazol-1-acetic acid...............  UN0407                               09
Torpedoes, liquid fueled, with inert   UN0450                               04  23E
 head.
Torpedoes, liquid fueled, with or      UN0449                               04  23E
 without bursting charge.
Torpedoes with bursting charge.......  UN0329                               03
Torpedoes with bursting charge.......  UN0330                               08
Torpedoes with bursting charge.......  UN0451                               03
Toy Caps.............................  NA0337                               05
Tracers for ammunition...............  UN0212                               07
Tracers for ammunition...............  UN0306                               06
Trinitro-meta-cresol.................  UN0216                               10  5E
Trinitroaniline or Picramide.........  UN0153                               10
Trinitroanisole......................  UN0213                               10
Trinitrobenzene, dry or wetted with    UN0214                               10
 less than 30 percent water, by mass.
Trinitrobenzenesulfonic acid.........  UN0386                               10  5E
Trinitrobenzoic acid, dry or wetted    UN0215                               10  5E
 with less than 30 percent water, by
 mass.
Trinitrochlorobenzene or Picryl        UN0155                               10
 chloride..
Trinitrofluorenone...................  UN0387                               10
Trinitronaphthalene..................  UN0217                               10
Trinitrophenetole....................  UN0218                               10
Trinitrophenol or Picric acid, dry or  UN0154                               10  5E
 wetted with less than 30 percent
 water, by mass.
Trinitrophenylmethylnitramine or       UN0208                               10
 Tetryl..
Trinitroresorcinol or Styphnic acid,   UN0219                               10  5E
 dry or wetted with less than 20
 percent water, or mixture of alcohol
 and water, by mass.
Trinitroresorcinol, wetted or          UN0394                               10  5E
 Styphnic acid, wetted with not less
 than 20 percent water, or mixture of
 alcohol and water by mass.
Trinitrotoluene and Trinitrobenzene    UN0388                               10
 mixtures or TNT and trinitrobenzene
 mixtures or TNT and
 hexanitrostilbene mixtures or
 Trinitrotoluene and
 hexanitrostilnene mixtures.
Trinitrotoluene mixtures containing    UN0389                               10
 Trinitrobenzene and
 Hexanitrostilbene or TNT mixtures
 containing trinitrobenzene and
 hexanitrostilbene.
Trinitrotoluene or TNT, dry or wetted  UN0209                               10
 with less than 30 percent water, by
 mass.
Tritonal.............................  UN0390                               10
Urea nitrate, dry or wetted with less  UN0220                               10
 than 20 percent water, by mass.
Warheads, rocket with burster or       UN0370                               02
 expelling charge.

[[Page 63397]]


Warheads, rocket with burster or       UN0371                               08
 expelling charge.
Warheads, rocket with bursting charge  UN0286                               03
Warheads, rocket with bursting charge  UN0287                               03
Warheads, rocket with bursting charge  UN0369                               08
Warheads, torpedo with bursting        UN0221                               03
 charge.
Zirconium picramate, dry or wetted     UN0236                               10  5E
 with less than 20 percent water, by
 mass..
----------------------------------------------------------------------------------------------------------------

    13. In Appendix B to Sec. 172.101, paragraphs 1. and 2. would be 
revised and the List of Marine Pollutants would be amended by removing 
73 entries, adding 2 entries and revising 2 entries in appropriate 
alphabetical order to read as follows:

Appendix B to Sec. 172.101--List of Marine Pollutants

    1. See Sec. 171.4 of this subchapter for applicability of marine 
pollutants. This appendix lists potential marine pollutants as 
defined in Sec. 171.8 of this subchapter.
    2. Marine pollutants listed in this appendix are not necessarily 
listed by name in the Sec. 172.101 Table. If a marine pollutant not 
listed by name or by synonym in the Sec. 172.101 Table meets the 
definition of any hazard Class 1 through 8, then you must determine 
the class and division of the material in accordance with 
Sec. 173.2a of this subchapter. You must also select the most 
appropriate hazardous material description and proper shipping name. 
If a marine pollutant not listed by name or by synonym in the 
Sec. 172.101 Table does not meet the definition of any Class 1 
through 8, then you must offer it for transportation under the most 
appropriate of the following two Class 9 entries: ``Environmentally 
hazardous substances, liquid, n.o.s.,'' UN3082, or ``Environmentally 
hazardous substances, solid, n.o.s.,'' UN3077.
* * * * *

                        List of Marine Pollutants
------------------------------------------------------------------------
            S.M.P.                          Marine pollutant
(1)                            (2)
------------------------------------------------------------------------
[Remove:]....................  Acetal
                               Acetaldehyde
                               Amyl mercaptans
                               Anisole
                               Benzaldehyde
                               Butyl benzenes
                               n-Butyl butyrate
                               Butylphenols, liquid
                               Butylphenols, solid
                               Butyraldehyde
                               Calcium naphthenate
                               Camphor oil
                               Chlorotoluenes (ortho-, meta-, para-)
                               Coal tar
                               Coal tar naphtha
                               Creosote (coal tar)
                               Creosote (wood tar)
                               Cresols (o-; m-; p-)
                               Cresylic acid
                               Cresylic acid sodium salt
                               normal-Decaldehyde
                               normal-Decanol
                               Decyl acrylate
                               Dichlorobenzene (meta; ortho; para)
                               Dichlorophenols, liquid
                               Dichlorophenols, solid
                               2,4-Dichlorophenoxyacetic acid (see also
                                2,4D)
                               2,4 Dichlorophenoxyacetic acid
                                diethanolamine salt
                               2,4 Dichlorophenoxyacetic acid
                                dimethylamine salt
                               2,4-Dichlorophenoxyacetic acid
                                triisopropylamine salt
                               Diethybenzenes (mixed isomers)
                               Diisopropylnaphthalene
                               Dimethyl disulphide
                               Dimethyl glyoxal (butanedione)
                               Dimethyl sulphide
                               Diphenyl ether
                               Diphenyl ether/biphenyl phenyl ether
                                mixtures
                               Diphenyl/diphenyl ether (mixtures)
                               EPTC (ISO)
                               Ethyl acrylate, inhibited
                               2-Ethylbutyraldehyde
                               2-Ethylhexenal
                               Ethyl chlorothioformate
                               2,4-Hexadiene aldehyde
                               normal-Hexaldehyde

[[Page 63398]]


                               Iron oxide, spent
                               Iron sponge, spent
                               Isobutyl aldehyde
                               Isobutyl isobutyrate
                               Isobutyl priopionate
                               Isobutyraldehyde
                               Isodecaldehyde
                               Isodecanol
                               Isononanol
                               Isooctanol
                               Isopropylbenzene
                               Isovaleraldehyde
                               1-Methyl-4-ethylbenzene
                               2-Methyl-5-ethylpyridine
                               Methyl salicylate
                               2-Methylbutyraldehyde
                               Methylnaphthalenes, liquid
                               Methylnaphthalenes, solid
                               Naphthalene, crude or refined
                               Naphthalene, molten
                               Naphthenic acids, liquid
                               Naphthenic acids, solid
                               Nitrocresols
                               Nitrotolueunes (ortho-;meta-;para-),
                                liquid
                               Nitrotoluenes (ortho-;meta-;para-), solid
                               1-Nonanal
                               1-Nonanol
                               1-Octanol
                               alpha-Pinene
                               Propanethiols
                               Propionaldehyde
                               n-Propylbenzene
                               Styrene monomer, inhibited
                               n-Tetramethylbenzenes
                               4-Thiapentanal
                               1,2,3-Trimethylbenzene
                               1,2,4-Trimethyl benzene
                               1,3,5-Trimethyl benzene
                               Turpentine
                               1-Undecanol
                               normal-Valeraldehyde
                               Vinyltoluenes, inhibited mixed isomers
                               Xylenols
  [Add:]

*                  *                  *                  *
                  *                  *                  *
                               Chlorotoluenes (meta-;para-)

*                  *                  *                  *
                  *                  *                  *
                               Desmedipham

*                  *                  *                  *
                  *                  *                  *
PP...........................  Diclofop-methyl

*                  *                  *                  *
                  *                  *                  *
                               Dichlorobenzene (para)

*                  *                  *                  *
                  *                  *                  *
                               Diisopropylnaphthalenes, mixed isomers

*                  *                  *                  *
                  *                  *                  *
PP...........................  Fenchlorazole-ethyl

*                  *                  *                  *
                  *                  *                  *
PP...........................  Fenoxapro-ethyl

*                  *                  *                  *
                  *                  *                  *
PP...........................  Fenoxaprop-P-ethyl

*                  *                  *                  *
                  *                  *                  *
                               Linuron

[[Page 63399]]



*                  *                  *                  *
                  *                  *                  *
PP...........................  Silafluofen

*                  *                  *                  *
                  *                  *                  *
PP...........................  1,2,3-Trichlorobenzene

*                  *                  *                  *
                  *                  *                  *
[Revise:]

*                  *                  *                  *
                  *                  *                  *
PP...........................  Dodecyl hydroxypropyl sulfide

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

    14. In Sec. 172.102, in paragraph (c)(1), Special Provisions 43, 
110, 128 and 136 would be revised and Special Provisions 139, 142 and 
143 would be added; paragraph (c)(3) introductory text, Special 
Provisions B53 and B69 and paragraphs (c)(4) and (c)(7) would be 
revised; and in paragraph (c)(8), Specials Provisions W7, W8 and W9 
would be added in numerical order to read as follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *

Code/Special Provisions

* * * * *
    43  The membrane filters, including paper separators and coating 
or backing materials, that are present in transport, must not be 
able to propagate a detonation as tested by one of the tests 
described in the UN Manual of Tests and Criteria, Part I, Test 
series 1(a). On the basis of the results of suitable burning rate 
tests, and taking into account the standard tests in the UN Manual 
of Tests and Criteria, Part III, subsection 33.2.1, nitrocellulose 
membrane filters in the form in which they are to be transported 
that do not meet the criteria for a Division 4.1 material are not 
subject to the requirements of this subchapter. Packagings must be 
so constructed that explosion is not possible by reason of increased 
internal pressure. Nitrocellulose membrane filters covered by this 
entry, each with a mass not exceeding 0.5 g, are not subject to the 
requirements of this subchapter when contained individually in an 
article or a sealed packet.
* * * * *
    110  Fire extinguishers transported under UN1044 may include 
installed actuating cartridges (cartridges, power device of Division 
1.4C or 1.4S), without changing the classification of Division 2.2, 
provided the aggregate quantity of deflagrating (propellant) 
explosives does not exceed 3.2 grams per extinguishing unit.
* * * * *
    128  Regardless of the provisions of Sec. 172.101(c)(12), 
aluminum smelting by-products, aluminum remelting by-products and 
coated magnesium granules described under these entries meeting the 
definition of Class 8, Packing Group II or III, may be classed as a 
Division 4.3 material and transported under this entry. The presence 
of a Class 8 hazard must be communicated as required by this part 
for subsidiary hazards.
* * * * *
    136  This entry only applies to machinery and apparatus 
containing hazardous materials as in integral element of the 
machinery or apparatus. It may not be used to describe machinery or 
apparatus for which a proper shipping name exists in the 
Sec. 172.101 Table. Except when approved by the Associate 
Administrator, machinery or apparatus may only contain hazardous 
materials for which exceptions are referenced in Column (8) of the 
Sec. 172.101 Table and are provided in part 173, subpart D, of this 
subchapter. Hazardous materials shipped under this entry are 
excepted from the labeling requirements of this subchapter unless 
offered for transportation or transported by aircraft and are not 
subject to the placarding requirements of subpart F of part 173 of 
this subchapter. Orientation markings as described in Sec. 172.312 
(a)(2) are required when liquid hazardous materials may escape due 
to incorrect orientation. The machinery or apparatus, if unpackaged, 
or the packaging in which it is contained shall be marked 
``Dangerous goods in machinery'' or ``Dangerous goods in 
apparatus'', as appropriate, with the identification number UN3363. 
For transportation by aircraft, machinery or apparatus may not 
contain any material forbidden for transportation by passenger or 
cargo aircraft. The Associate Administrator may except from the 
requirements of this subchapter, equipment, machinery and apparatus 
provided:
    a. It is shown that it does not pose a significant risk in 
transportation;
    b. The quantities of hazardous materials do not exceed those 
specified in Sec. 173.4 of this subchapter; and
    c. The equipment, machinery or apparatus conforms with 
Sec. 173.222 of this subchapter.
* * * * *
    139  Use of the ``special arrangement'' proper shipping names 
for international shipments must be made under an IAEA Certificate 
of Competent Authority issued by the U.S. Competent Authority in 
accordance with the requirements in Sec. 173.471, Sec. 173.472, or 
Sec. 173.473 of this subchapter. Use of these proper shipping names 
for domestic shipments may be made only under a DOT exemption, as 
defined in, and in accordance with the requirements of subpart B of 
part 107 of this subchapter.
* * * * *
    142  These hazardous materials may not be classified and 
transported unless authorized by the Associate Administrator. The 
Associate Administrator will base the authorization on results from 
Series 2 tests and a Series 6(c) test from the UN Manual of Tests 
and Criteria on packages as prepared for transport in accordance 
with the requirements of this subchapter.
    143  These articles may contain:
    a. Division 2.2 compressed gases, including oxygen;
    b. Signal devices (Class 1) which may include smoke and 
illumination signal flares. Signal devices must be packed in plastic 
or fiberboard inner packagings;
    c. Electric storage batteries;
    d. First aid kits; or
    e. Strike anywhere matches.
* * * * *

    (3) ``B'' codes. These provisions apply only to bulk packagings, 
other than IBCs:

Code/Special Provisions

* * * * *
    B53  Packagings must be made of either aluminum or steel.
* * * * *
    B69  Dry sodium cyanide or potassium cyanide may be shipped in 
sift-proof weather-resistant metal covered hopper cars, covered 
motor vehicles, portable tanks or non-specification bins. Bins must 
be approved by the Associate Administrator.
* * * * *

    (4) Table 1--IBC Codes and BB Special IBC Packing Provisions. These

[[Page 63400]]

provisions apply only to transportation in IBCs:

                          Table 1.--IBC Codes1
------------------------------------------------------------------------
                IBC Code                         Authorized IBCs
------------------------------------------------------------------------
IB1....................................  Authorized IBCs: Metal (31A,
                                          31B and 31N).
                                         Additional Requirement: Only
                                          liquids with a vapor pressure
                                          less than or equal to 110 kPa
                                          at 50  deg.C (1.1 bar at 122
                                          deg.F), or 130 kPa at 55
                                          deg.C (1.3 bar at 131  deg.F)
                                          are authorized.
IB2....................................  Authorized IBCs: Metal (31A,
                                          31B and 31N); Rigid plastics
                                          (31H1 and 31H2); Composite
                                          (31HZ1).
                                         Additional Requirement: Only
                                          liquids with a vapor pressure
                                          less than or equal to 110 kPa
                                          at 50  deg.C (1.1 bar at 122
                                          deg.F), or 130kPa at 55  deg.C
                                          (1.3 bar at 131  deg.F) are
                                          authorized.
IB3....................................  Authorized IBCs: Metal (31A,
                                          31B and 31N); Rigid plastics
                                          (31H1 and 31H2); Composite
                                          (31HZ1 and 31HA2, 31HB2,
                                          31HN2, 31HD2 and 31HH2).
                                         Additional Requirement: Only
                                          liquids with a vapor pressure
                                          less than or equal to 110 kPa
                                          at 50  deg.C (1.1 bar at 122
                                          deg.F), or 130 kPa at 55
                                          deg.C (1.3 bar at 131  deg.F)
                                          are authorized.
IB4....................................  Authorized IBCs: Metal (11A,
                                          11B, 11N, 21A, 21B, 21N, 31A,
                                          31B and 31N).
IB5....................................  Authorized IBCs: Metal (11A,
                                          11B, 11N, 21A, 21B, 21N, 31A,
                                          31B and 31N);
                                         Rigid plastics (11H1, 11H2,
                                          21H1, 21H2, 31H1 and 31H2);
                                          Composite (11HZ1, 21HZ1 and
                                          31HZ1).
IB6....................................  Authorized IBCs: Metal (11A,
                                          11B, 11N, 21A, 21B, 21N, 31A,
                                          31B and 31N); Rigid plastics
                                          (11H1, 11H2, 21H1, 21H2, 31H1
                                          and 31H2); Composite (11HZ1,
                                          11HZ2, 21HZ1, 21HZ2, 31HZ1 and
                                          31HZ2).
                                         Additional Requirement:
                                          Composite IBCs 11HZ2 and 21HZ2
                                          may not be used when the
                                          hazardous materials being
                                          transported may become liquid
                                          during transport.
IB7....................................  Authorized IBCs: Metal (11A,
                                          11B, 11N, 21A, 21B, 21N, 31A,
                                          31B and 31N); Rigid plastics
                                          (11H1, 11H2, 21H1, 21H2, 31H1
                                          and 31H2); Composite (11HZ1,
                                          11HZ2, 21HZ1, 21HZ2, 31HZ1 and
                                          31HZ2); Wooden (11C, 11D and
                                          11F).
                                         Additional Requirement: Liners
                                          of wooden IBCs must be sift-
                                          proof.
IB8....................................  Authorized IBCs: Metal (11A,
                                          11B, 11N, 21A, 21B, 21N, 31A,
                                          31B and 31N); Rigid plastics
                                          (11H1, 11H2, 21H1, 21H2, 31H1
                                          and 31H2); Composite (11HZ1,
                                          11HZ2, 21HZ1, 21HZ2, 31HZ1 and
                                          31HZ2); Fiberboard (11G);
                                          Wooden (11C, 11D and 11F);
                                          Flexible (13H1, 13H2, 13H3,
                                          13H4, 13H5, 13L1, 13L2, 13L3,
                                          13L4, 13M1 or 13M2).
IB99...................................  IBCs are only authorized if
                                          approved by the Associate
                                          Administrator.
------------------------------------------------------------------------
1 1 IBCs may be used for the transportation of hazardous materials when
  no IBC code is assigned in the Sec.  172.101 Hazardous Materials Table
  for the specific material if approved by the Associate Administrator.


                                   Table 2.--Organic Peroxide IBC Code (IB52)1
----------------------------------------------------------------------------------------------------------------
                                                                      Maximum         Control        Emergency
 UN No.         Organic peroxide               Type of IBC           quantity      temperature (   temperature (
                                                                     (liters)         deg.C)          deg.C)
----------------------------------------------------------------------------------------------------------------
   3109  ORGANIC PEROXIDE, TYPE F,
          LIQUID
         tert-Butyl hydroperoxide, not  31A                                 1250
          more than 72% with water.
         tert-Butyl peroxyacetate, not  31A                                 1250
          more than 32% in diluent      31HA1                               1000
          type A.
         tert-Butyl peroxy-3,5,5-       31A                                 1250
          trimethylhexanoate, not more  31HA1                               1000
          than 32% in diluent type A.
         Cumyl hydroperoxide, not more  31HA1                               1250
          than 90% in diluent type A.
         Dibenzoyl peroxide, not more   31H1                                1000
          than 42% as a stable
          dispersion.
         Di-tert-butyl peroxide, not    31A                                 1250
          more than 52% in diluent      31HA1                               1000
          type A.
         1,1-Di-(tert-butylperoxy)      31H1                                1000
          cyclohexane, not more than
          42% in diluent type A.
         Dilauroyl peroxide, not more   31HA1                               1000
          than 42%, stable dispersion,
          in water.
         Isopropyl cumyl                31HA1                               1250
          hydroperoxide, not more than
          72% in diluent type A.
         p-Menthyl hydroperoxide, not   31HA1                               1250
          more than 72% in diluent
          type A.
         Peroxyacetic acid,             31H1                                1500
          stabilized, not more than     31HA1                               1500
          17%.                          31A                                 1500
   3119  ORGANIC PEROXIDE, TYPE F,
          LIQUID, TEMPERATURE
          CONTROLLED
         tert-Butyl peroxy-2-           31HA1                               1000             +30             +35
          ethylhexanoate, not more      31A                                 1250             +30             +35
          than 32% in diluent type B.
         tert-Butyl                     31A                                 1250               0             +10
          peroxyneodecanoate, not more
          than 32% in diluent type A.

[[Page 63401]]


         tert-Butyl                     31A                                 1250              -5              +5
          peroxyneodecanoate, not more
          than 42% stable dispersion,
          in water.
         tert-Butyl peroxypivalate,     31HA1                               1000             +10             +15
          not more than 27% in diluent  31A                                 1250             +10             +15
          type B.
         Cumyl peroxyneodecanoate, not  31A                                 1250             -15              -5
          more than 52%, stable
          dispersion, in water.
         Di-(4-tert-butylcyclohexyl)    31HA1                               1000             +30             +35
          peroxydicarbonate, not more
          than 42%, stable dispersion,
          in water.
         Dicetyl peroxydicarbonate,     31HA1                               1000             +30             +35
          not more than 42%, stable
          dispersion, in water.
         Di-(2-ethylhexyl)              31A                                 1250             -20             -10
          peroxydicarbonate, not more
          than 52%, stable dispersion,
          in water.
         Dimyristyl peroxydicarbonate,  31HA1                               1000             +15             +20
          not more than 42%, stable
          dispersion, in water.
         Di-(3,5,5-trimethylhexanoyl)   31HA1                               1000           +10 C             +15
          peroxide, not more than 38%   31A                                 1250           +10 C             +15
          in diluent type A.
         Di-(3,5,5-trimethylhexanoyl)   31A                                 1250             +10             +15
          peroxide, not more than 52%,
          stable dispersion, in water.
         1,1,3,3-Tetramethylbutyl       31A                                 1250              -5             +5
          peroxyneodecanoate, not more
          than 52%, stable dispersion,
          in water.
----------------------------------------------------------------------------------------------------------------
1 This IBC Code applies to organic peroxides of type F. For formulations not listed in this table, only IBCs
  that are approved by the Associate Administrator may be used.


                           Table 3.--BB Codes
------------------------------------------------------------------------

------------------------------------------------------------------------
BB1..........................  IBCs must be packed in closed freight
                                containers or a closed transport
                                vehicle.
BB2..........................  When IBCs other than metal or rigid
                                plastics IBCs are used, they must be
                                offered for transportation in a closed
                                freight container or a closed transport
                                vehicle.
BB3..........................  Flexible IBCs shall be sift-proof and
                                water-resistant or shall be fitted with
                                a sift-proof and water-resistant liner.
BB4..........................  Flexible, fiberboard or wooden IBCs must
                                be sift-proof and water-resistant or be
                                fitted with a sift-proof and water-
                                resistant liner.
BB5..........................  IBCs must be provided with a device to
                                allow venting. The inlet to the venting
                                device must be located in the vapor
                                space of the IBC under maximum filling
                                conditions.
BB6..........................  Non-specification bulk bins are
                                authorized.
BB7..........................  For UN identification numbers 1327, 1363,
                                1364, 1365, 1386, 1841, 2211, 2217, 2793
                                and 3314, IBCs are not required to meet
                                the IBC performance tests specified in
                                part 178 of this subchapter.
------------------------------------------------------------------------

* * * * *
    (7) ``T'' codes. (i) These provisions apply to the transportation 
of UN portable tanks. Portable tank instructions specify the 
requirements applicable to a portable tank when used for the 
transportation of a specific hazardous material. These requirements 
must be met in addition to the design and construction specifications 
in part 178 of this subchapter. Portable tank instructions T1 through 
T22 specify the applicable minimum test pressure, the minimum shell 
thickness (in reference steel), bottom opening requirements and 
pressure relief requirements. In T23, the organic peroxides and self-
reactive substances which are authorized to be transported in portable 
tanks are listed along with the applicable control and emergency 
temperatures. Liquefied compressed gases are assigned to portable tank 
instruction T50. T50 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. Refrigerated liquefied gases which are 
authorized to be transported in portable tanks are specified in tank 
instruction T75.
    (ii) The following table specifies the portable tank requirements 
applicable to T Codes T1 through T22. Column 1 specifies the T Code. 
Column 2 specifies the minimum test pressure, in bar (1 bar = 14.5 
psig), at which the periodic hydrostatic testing required by 
Sec. 173.32b of this subchapter must be conducted. Column 3 specifies 
the section reference for minimum shell thickness or, alternatively, 
the minimum shell thickness value. Column 4 specifies the applicability 
of Sec. 178.275(f)(3) of this subchapter for the pressure relief 
devices. When the word ``Normal'' is indicated, Sec. 178.275(f)(3) of 
this subchapter does not apply. Column 5 either references the 
applicable requirements for bottom openings in part 178 of this 
subchapter, or references ``Prohibited'' which means bottom openings 
are prohibited. The table follows:

[[Page 63402]]



                                                             Table of Portable Tank T Codes
 [Portable Tank Instructions: T1-T22--Portable tank instructions. T1-T22 apply to liquid and solid hazardous materials of Classes 3 through 9 which are
                                                             transported in portable tanks.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Minimum test    Minimum shell thickness         Pressure-relief
       Portable tank instruction          pressure      (in mm-reference steel)     requirements (See Sec.       Bottom opening requirements (See Sec.
                                            (bar)       (See Sec.  178.274(d))            178.275(f))                         178.275(c))
(1)                                           (2)     (3).......................  (4).......................  (5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
T1....................................          1.5   Sec.  178.274(d)(2).......  Normal....................  Sec.  178.274(c)(2).
T2....................................          1.5   Sec.  178.274(d)(2).......  Normal....................  Sec.  178.275(c)(3).
T3....................................          2.65  Sec.  178.274(d)(2).......  Normal....................  Sec.  178.275(c)(2).
T4....................................          2.65  Sec.  178.274(d)(2).......  Normal....................  Sec.  178.275(c)(3).
T5....................................          2.65  Sec.  178.274(d)(2).......  Sec.  178.275(f)(3).......  Prohibited.
T6....................................          4     Sec.  178.274(d)(2).......  Normal....................  Sec.  178.275(c)(2).
T7....................................          4     Sec.  178.274(d)(2).......  Normal....................  Sec.  178.275(c)(3).
T8....................................          4     Sec.  178.274(d)(2).......  Normal....................  Prohibited.
T9....................................          4     6 mm......................  Normal....................  Prohibited.
T10...................................          4     6 mm......................  Sec.  178.275(f)(3).......  Prohibited.
T11...................................          6     Sec.  178.274(d)(2).......  Normal....................  Sec.  178.275(c)(3).
T12...................................          6     Sec.  178.274(d)(2).......  Sec.  178.275(f)(3).......  Sec.  178.275(c)(3).
T13...................................          6     6 mm......................  Normal....................  Prohibited.
T14...................................          6     6 mm......................  Sec.  178.275(f)(3).......  Prohibited.
T15...................................         10     Sec.  178.274(d)(2).......  Normal....................  Sec.  178.275(c)(3).
T16...................................         10     Sec.  178.274(d)(2).......  Sec.  178.275(f)(3).......  Sec.  178.275(c)(3).
T17...................................         10     6 mm......................  Normal....................  Sec.  178.275(c)(3).
T18...................................         10     6 mm......................  Sec.  178.275(f)(3).......  Sec.  178.275(c)(3).
T19...................................         10     6 mm......................  Sec.  178.275(f)(3).......  Prohibited.
T20...................................         10     8 mm......................  Sec.  178.275(f)(3).......  Prohibited.
T21...................................         10     10 mm.....................  Normal....................  Prohibited.
T22...................................         10     10 mm.....................  Sec.  178.275(f)(3).......  Prohibited.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (iii) The following table specifies the portable tank requirements 
applicable to T23 for self-reactive substances of Division 4.1 and 
organic peroxides of Division 5.2 which are authorized to be 
transported in portable tanks:

                                                                Portable Tank Instruction
            [T23--Portable tank instruction. T23 applies to self-reactive substances of Division 4.1 and organic peroxides of Division 5.2.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                              Minimum
                               test       Minimum shell      Bottom opening    Pressure-relief                           Control           Emergency
UN No.   Hazardous material  pressure    thickness (mm-       requirements       requirements      Filling limits     temperature (      temperature (
                               (bar)    reference steel)                                                                  deg.C)             deg.C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
  3109  Organic peroxide,      444444  See Sec.            See Sec.           See Sec.           Not more than 90%
         Type F, liquid.                178.274(d)(2).      178.275(c)(3).     178.275(j)(1).     at 59  deg.F (15
                                                                                                   deg.C).
        tert-Butyl                     Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%
         hydroperoxide not              ).                  3).                1).                at 59  deg.F (15
         more than 72%                                                                             deg.C).
         water. (Provided
         that steps have
         been taken to
         achieve the safety
         equivalence of 65%
         tert-Butyl
         hydroperoxide and
         35% water.).
        Cumyl hydro-                   Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%
         peroxide, not more             ).                  3).                1).                at 59  deg.F (15
         than 90% in                                                                               deg.C).
         diluent type A.
        Di-tert-butyl                  Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%
         peroxide, not more             ).                  3).                1).                at 59  deg.F (15
         than 32% in                                                                               deg.C).
         diluent type A.
        Isopropyl cumyl                Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%
         hydro-peroxide,                ).                  3).                1).                at 59  deg.F (15
         not more than 72%                                                                         deg.C).
         in diluent type A.
        p-Menthyl hydro-               Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%
         peroxide, not more             ).                  3).                1).                at 59  deg.F (15
         than 72% in                                                                               deg.C).
         diluent type A.
        Pinanyl hydro-                 Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%
         peroxide, not more             ).                  3).                1).                at 59  deg.F (15
         than 50% in                                                                               deg.C).
         diluent type A.
  3110  Organic peroxide,           4  Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%
         Type F, solid.                 ).                  3).                1).                at 59  deg.F (15
                                                                                                   deg.C).
        Dicumyl peroxide.
         Maximum quantity
         per portable tank
         2,000 kg.
  3119  Organic peroxide,      444444  See Sec.            See Sec.           See Sec.           Not more than 90%  As approved by     As approved by
         Type F, liquid,                178.274(d)(2).      178.275(c)(3).     178.275(j)(1).     at 59  deg.F (15   Assoc. Admin.      Assoc. Admin.
         temperature                                                                               deg.C).           for HMS.           for HMS.
         controlled.

[[Page 63403]]


        tert-Butyl                     Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%  +30..............  +35
         peroxyacetate, not             ).                  3).                1).                at 59  deg.F (15
         more than 32% in                                                                          deg.C).
         diluent type B.
        tert-Butyl peroxy-2-           Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%  +15..............  +20
         ethylhexanoate,                ).                  3).                1).                at 59  deg.F (15
         not more than 32%                                                                         deg.C).
         in diluent type B.
        tert-Butyl                     Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%  -5...............  +10
         peroxypivalate,                ).                  3).                1).                at 59  deg.F (15
         not more than 27%                                                                         deg.C).
         in diluent type B.
        tert-Butyl peroxy-             Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%  +35..............  +40
         3,5,5-trimethyl-               ).                  3).                1).                at 59  deg.F (15
         hexanoate, not                                                                            deg.C).
         more than 32% in
         diluent type B.
        Di-(3,5,-trimethyl-            Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%  0................  +5
         hexanoyl)                      ).                  3).                1).                at 59  deg.F (15
         peroxide, not more                                                                        deg.C).
         than 38% in
         diluent type A.
  3120  Organic peroxide,           4  Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%  As approved by     As approved by
         Type F, solid,                 ).                  3).                1).                at 59  deg.F (15   Assoc. Admin.      Assoc. Admin.
         temperature                                                                               deg.C).           for HMS.           for HMS.
         controlled.
  3229  Self-reactive               4  Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%
         liquid Type F.                 ).                  3).                1).                at 59  deg.F (15
                                                                                                   deg.C).
  3230  Self-Reactive solid         4  Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%
         Type F.                        ).                  3).                1).                at 59  deg.F (15
                                                                                                   deg.C).
  3239  Self-reactive               4  Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%  As approved by     As approved by
         liquid Type F,                 ).                  3).                1).                at 59  deg.F (15   Assoc. Admin.      Assoc. Admin.
         temperature                                                                               deg.C).           for HMS.           for HMS.
         controlled.
  3240  Self-reactive solid         4  Sec.  178.274(d)(2  Sec.  178.275(c)(  Sec.  178.275(j)(  Not more than 90%  As approved by     As approved by
         Type F,                        ).                  3).                1).                at 59  deg.F (15   Assoc. Admin.      Assoc. Admin.
         temperature                                                                               deg.C).           for HMS.           for HMS.
         controlled.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (iv) The following portable tank instruction applies to portable 
tanks used for the transportation of liquefied compressed gases. The 
T50 table provides the UN identification number and proper shipping 
name for each liquefied compressed gas authorized to be transported in 
a T50 portable tank. The following table provides maximum allowable 
working pressures, bottom opening requirements, pressure relief device 
requirements and degree of filling requirements for each liquefied 
compressed gases permitted for transportation in a T50 portable tank:

    Note to reader: We are proposing to revise the word 
``stabilized'' in the proper shipping names below to read 
``inhibited'' (see preamble discussion under Sec. 172.101).


                                                                Portable Tank Instruction
                                       [T50--Portable tank instruction 50 applies to liquefied compressed gases.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Max. allowable
                                         working
  UN    Non-refrigerated liquefied    pressure (bar)                                         Pressure relief requirements (See    Maximum filing density
 No.         compressed gasses         Small; Bare;        Openings below liquid level               Sec.  178.276(e))                    (kg/l)
                                        Sunshield
                                        Insulated
--------------------------------------------------------------------------------------------------------------------------------------------------------
 1005  Ammonia, anhydrous..........             29.0  Allowed.............................  Sec.  178.276(e)...................  0.53
                                                25.7
                                                22.0
                                                19.7
 1009  Bromotrifluoromethane or                 38.0  ......do............................  Normal.............................  1.13
        Refrigerant gas R 13B1.                 34.0
                                                30.0
                                                27.5
 1010  Butadienes, stabilized......              7.5  ......do............................  ......do...........................  0.55
                                                 7.0
                                                 7.0
                                                 7.0
 1011  Butane......................              7.0  ......do............................  ......do...........................  0.51
                                                 7.0
                                                 7.0
                                                 7.0

[[Page 63404]]


 1012  Butylene....................              8.0  ......do............................  ......do...........................  0.53
                                                 7.0
                                                 7.0
                                                 7.0
  017  Chlorine....................             19.0  Not allowed.........................  Sec.  178.276(e)...................  1.25
                                                17.0
                                                15.0
                                                13.5
 1018  Chlorodifluoromethane or                 26.0  Allowed.............................  Normal.............................  1.03
        Refrigerant gas R 22.                   24.0
                                                21.0
                                                19.0
 1020  Chloropentafluoroethane or               23.0  ......do............................  ......do...........................  1.06
        Refrigerant gas R 115.                  20.0
                                                18.0
                                                16.0
 1021  1-Chloro-1,2,2,2-                        10.3  ......do............................  ......do...........................  1.2
        tetrafluoroethane or                     9.8
        Refrigerant gas R 124.                   7.9
                                                 7.0
 1027  Cyclopropane................             18.0  ......do............................  ......do...........................  0.53
                                                16.0
                                                14.5
                                                13.0
 1028  Dichlorodifluoromethane or               16.0  ......do............................  ......do...........................  1.15
        Refrigerant gas R 12.                   15.0
                                                13.0
                                                11.5
 1029  Dichlorofluoromethane or                  7.0  ......do............................  ......do...........................  1.23
        Refrigerant gas R 21.                    7.0
                                                 7.0
                                                 7.0
 1030  1,1-Difluoroethane or                    16.0  ......do............................  ......do...........................  0.79
        Refrigerant gas R 152a.                 14.0
                                                12.4
                                                11.0
 1032  Dimethylamine, anhydrous....              7.0  ......do............................  ......do...........................  0.59
                                                 7.0
                                                 7.0
                                                 7.0
 1033  Dimethyl ether..............             15.5  ......do............................  ......do...........................  0.58
                                                13.8
                                                12.0
                                                10.6
 1036  Thylamine...................              7.0  ......do............................  ......do...........................  0.61
                                                 7.0
                                                 7.0
                                                 7.0
 1037  Ethyl chloride..............              7.0  ......do............................  ......do...........................  0.8
                                                 7.0
                                                 7.0
                                                 7.0
 1040  Ethylene oxide with nitrogen              -10  Not allowed.........................  Sec.  178.276(e)...................  .078
        up to a total pressure of
        1MPa (10 bar) at 50  deg.C.
 1041  Ethylene oxide and carbon                 1  Allowed.............................  Normal.............................  See
        dioxide mixture with more                                                                                                Sec.  173.32(f)
        than 9% but no more than
        87% ethylene oxide.
 1055  Isobutylene.................              8.1  ......do............................  ......do...........................  0.52
                                                 7.0
                                                 7.0
                                                 7.0
 1060
       Methyl acetylene and                     28.0  ......do............................  ......do...........................  0.43
        propadiene mixture,                     24.5
        stabilized.                             22.0
                                                20.0

[[Page 63405]]


 1061  Methylamine, anhydrous......             10.8  ......do............................  ......do...........................  0.58
                                                 9.6
                                                 7.8
                                                 7.0
 1062  Methyl bromide..............              7.0  Not allowed.........................  Sec.  178.276(e)...................  1.51
                                                 7.0
                                                 7.0
                                                 7.0
 1063  Methyl chloride or                       14.5  Allowed.............................  Normal.............................  .081
        Refrigerant gas R 40.                   12.7
                                                11.3
                                                10.0
 1064  Methyl mercaptan............              7.0  Not allowed.........................  Sec.  178.276(e)...................  0.78
                                                 7.0
                                                 7.0
                                                 7.0
 1067  Dinitrogen tetroxide........              7.0  ....do..............................  Sec.  178.276(e)...................  1.3
                                                 7.0
                                                 7.0
                                                 7.0
 1075  Petroleum gas, liquefied....              (1)  Allowed.............................  Normal.............................  See Sec.  173.32(f)
 1077  Propylene...................             28.0  ......do............................  ......do...........................  0.43
                                                24.5
                                                22.0
                                                20.0
 1078  Refrigerant gas, n.o.s......              (1)  ......do............................  ......do...........................  See Sec.  173.32(f)
 1079  Sulphur dioxide.............             11.6  Not Allowed.........................  Sec.  178.276(e)...................  1.23
                                                10.3
                                                 8.5
                                                 7.6
 1082  Trifluorochloroethylene,                 17.0  ......do............................  Sec.  178.276(e)...................  1.13
        stabilized or Refrigerant               15.0
        gas R 1113.                             13.1
                                                11.6
 1083  Trimethylamine, anhydrous...              7.0  Allowed.............................  Normal.............................  0.56
                                                 7.0
                                                 7.0
                                                 7.0
 1085  Vinyl bromide, stabilized...              7.0  ......do............................  ......do...........................  1.37
                                                 7.0
                                                 7.0
                                                 7.0
 1086  Vinyl chloride, stabilized..             10.6  ......do............................  ......do...........................  0.81
                                                 9.3
                                                 8.0
                                                 7.0
 1087  Vinyl methyl ether,                       7.0  ......do............................  ......do...........................  0.67
        stabilized.                              7.0
                                                 7.0
                                                 7.0
 1581  Chloropicrin and methyl                   7.0  Not allowed.........................  Sec.  178.276(e)...................  1.51
        bromide mixture.                         7.0
                                                 7.0
                                                 7.0
 1582  Chloropicrin and methyl                  19.2  ......do............................  Sec.  178.276(e)...................  0.81
        chloride mixture.                       16.9
                                                15.1
                                                13.1
 1858  Hexafluoropropylene                      19.2  Allowed.............................  Normal.............................  1.11
        compressed or Refrigerant               16.9
        gas R 1216.                             15.1
                                                13.1

[[Page 63406]]


 1912  Methyl chloride and                      15.2  ......do............................  ......do...........................  0.81
        methylene chloride mixture.             13.0
                                                11.6
                                                10.1
 1958  1,2-Dichloro-1,1,2,2-                     7.0  ......do............................  ......do...........................  1.3
        tetrafluoroethane or                     7.0
        Refrigerant gas R 114.                   7.0
                                                 7.0
 1965  Hydrocarbon gas, mixture                (1)  ......do............................  ......do...........................  See Sec.  173.32(f)
        liquefied, n.o.s.
 1969  Isobutane...................              8.5  ......do............................  ......do...........................  0.49
                                                 7.5
                                                 7.0
                                                 7.0
 1973  Chlorodifluoromethane and                28.3  ......do............................  ......do...........................  1.05
        chloropentafluoroethane                 25.3
        mixture with fixed boiling              22.8
        point, with approximately               20.3
        49% chlorodifluoromethane
        or Refrigerant gas R 502.
 1974  Chlorodifluorobromomethane                7.4  ......do............................  ......do...........................  1.61
        or Refrigerant gas R 12B1.               7.0
                                                 7.0
                                                 7.0
 1976  Octafluorocyclobutane or                  8.8  ......do............................  ......do...........................  1.34
        Refrigerant gas RC 318.                  7.8
                                                 7.0
                                                 7.0
 1978  Propane.....................             22.5  ......do............................  ......do...........................  0.42
                                                20.4
                                                18.0
                                                16.5
 1983  1-Chloro-2,2,2-                           7.0  ......do............................  ......do...........................  1.18
        trifluoroethane or                       7.0
        Refrigerant gas R 133a.                  7.0
                                                 7.0
 2035  1,1,1-Trifluoroethane                    31.0  ......do............................  ......do...........................  0.76
        compressed or Refrigerant               27.5
        gas R 143a.                             24.2
                                                21.8
 2424  Octafluoropropane or                     23.1  ......do............................  ......do...........................  1.07
        Refrigerant gas R 218.                  20.8
                                                18.6
                                                16.6
 2517  1-Chloro-1,1-difluoroethane               8.9  ......do............................  ......do...........................  0.99
        or Refrigerant gas R 142b.               7.8
                                                 7.0
                                                 7.0
 2602  Dichlorodifluoromethane and              20.0  ......do............................  ......do...........................  1.01
        difluoroethane azeotropic               18.0
        mixture with approximately              16.0
        74% dichlorodifluoromethane             14.5
        or Refrigerant gas R 500.
 3057  Trifluoroacetyl chloride....             14.6  Not allowed.........................  Sec.  178.276(e)...................  1.17
                                                12.9
                                                11.3
                                                 9.9
 3070  Ethylene oxide and                       14.0  Allowed.............................  Sec.  178.276(e)...................  1.09
        dichlorodifluoromethane                 12.0
        mixture with not more than              11.0
        12.5% ethylene oxide.                    9.0
 3153  Perfluoro (methyl vinyl                  14.3  ......do............................  Normal.............................  1.14
        ether).                                 13.4
                                                11.2
                                                10.2
 3159  1,1,1,2-Tetrafluoroethane or             17.7  ......do............................  ......do...........................  1.04
        Refrigerant gas R 134a.                 15.7
                                                13.8
                                                12.1

[[Page 63407]]


 3161  Liquefied gas, flammable,               (1)  ......do............................  ......do...........................  See
        n.o.s..                                                                                                                  Sec.  173.32(f)
 3163  Liquefied gas, n.o.s........            (1)  ......do............................  ......do...........................  See
                                                                                                                                 Sec.  173.32(f)
 3220  Pentafluoroethane or                     34.4  ......do............................  ......do...........................  0.95
        Refrigerant gas R 125.                  30.8
                                                27.5
                                                24.5
 3252  Difluoromethane or                       43.0  ......do............................  ......do...........................  0.78
        Refrigerant gas R 32.                   39.0
                                                34.4
                                                30.5
 3296  Heptafluoropropane or                    16.0  ......do............................  ......do...........................  1.2
        Refrigerant gas R 227.                  14.0
                                                12.5
                                                11.0
 3297  Ethylene oxide and                        8.1  ......do............................  ......do...........................  1.16
        chlorotetrafluoroethane                  7.0
        mixture, with not more than              7.0
        8.8% ethylene oxide.                     7.0
 3298  Ethylene oxide and                       25.9  ......do............................  ......do...........................  1.02
        pentafluoroethane mixture,              23.4
        with not more than 7.9%                 20.9
        ethylene oxide.                         18.6
 3299  Ethylene oxide and                       16.7  ......do............................  ......do...........................  1.03
        tetrafluoroethane mixture,              14.7
        with not more than 5.6%                 12.9
        ethylene oxide.                         11.2
 3318  Ammonia solution, relative              (1)  .....do.............................  Sec.  178.276(e)...................  Sec.  173.32(f)
        density less than 0.880 at
        15  deg.C in water, with
        more than 50% ammonia.
 3337  Refrigerant gas R 404A......             31.6  ......do............................  Normal.............................  0.84
                                                28.3
                                                25.3
                                                22.5
 3338  Refrigerant gas R 407A......             31.3  ......do............................  ......do...........................  0.95
                                                28.1
                                                25.1
                                                22.4
 3339  Refrigerant gas R 407B......             33.0  ......do............................  ......do...........................  0.95
                                                29.6
                                                26.5
                                                23.6
 3340  Refrigerant gas R 407C......             29.9  ......do............................  ......do...........................  0.95
                                                26.8
                                                23.9
                                                21.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 See MAWP definition in Sec.  178.276(a).

    (v) When portable tank instruction T75 is referenced in Column (7) 
of the Sec. 172.101 Table, the applicable refrigerated liquefied gases 
are authorized to be transported in portable tanks in accordance with 
the requirements of Sec. 178.277 of this subchapter.
    (vi) When a specific portable tank instruction is specified by a T 
Code in Column (7) of the Sec. 172.101 Table for a specific hazardous 
material, a Specification portable tank conforming to an alternative 
tank instruction may be used if:
    (A) the portable tank has a higher or equivalent test pressure (for 
example, 4 bar when 2.65 bar is specified);
    (B) the portable tank has greater or equivalent wall thickness (for 
example, 10 bar when 6 bar is specified);
    (C) the portable tank has a pressure relief device as specified in 
the T Code or is preceded by a frangible disc when no frangible disc is 
required. If a frangible disc is required in series with the pressure 
relief device, the alternative portable tank must be fitted with a 
frangible disc; and
    (D) the portable tank is fitted with bottom openings having two or 
three effective means of closure or no bottom openings when two 
effective means of closure are specified; or the portable tank has no 
bottom openings or three effective means of closure when three 
effective means of closure are specified. If no bottom openings are 
authorized, the alternative portable tank must not have bottom 
openings.

[[Page 63408]]

    (vii) When a hazardous material is not assigned a portable tank T 
Code or TP 9 is referenced in Column (7) of the Sec. 172.101 Table, the 
hazardous material may only be transported in a portable tank if 
approved by the Associate Administrator.
    (viii) Portable tank special provisions are assigned to certain 
hazardous materials to specify requirements that are in addition to 
those provided by the portable tank instructions or the requirements in 
part 178 of this subchapter. Portable tank special provisions are 
designated with the abbreviation TP (tank provision) and are assigned 
to specific hazardous materials in Column (7) of the Sec. 172.101 
Table. The following is a list of the portable tank special provisions:

Code/Special Provisions

TP1  The maximum degree of filling must not exceed the degree of 
filling determined by the following (see Note 1 following TP3 for an 
explanation of the coefficients):
[GRAPHIC] [TIFF OMITTED] TP23OC00.000

TP2  The maximum degree of filling must not exceed the degree of 
filling determined by the following (see Note 1 following TP3):
[GRAPHIC] [TIFF OMITTED] TP23OC00.001

TP3  a. For liquids transported under elevated temperature, the 
maximum degree of filling is determined by the following:
[GRAPHIC] [TIFF OMITTED] TP23OC00.002

    Where:  is the mean coefficient of cubical expansion of 
the liquid between the mean temperature of the liquid during filling 
(tf) and the maximum mean bulk temperature during 
transportation (tr) both in degrees celsius.
    b. For liquids transported under ambient conditions  
may be calculated using the formula:
[GRAPHIC] [TIFF OMITTED] TP23OC00.003

    Where: d15 and d50 are the densities of 
the liquid at 15  deg.C (59  deg.F) and 50  deg.C (122  deg.F), 
respectively.

TP4  The maximum degree of filling for portable tanks must not 
exceed 90%.

TP5  [Reserved.]

TP6  To prevent the tank from bursting in an event, including fire 
engulfment under the conditions prescribed in CGA pamphlet S-1.2 
(see Sec. 171.7 of this subchapter), it must be equipped with 
pressure relief devices that are adequate in relation to the 
capacity of the tank and the nature of the hazardous material 
transported.

TP7  The vapor space must be purged of air by nitrogen or other 
means.

TP8  A portable tank having a minimum test pressure of 1.5 bar (150 
kPa) may be used when the flashpoint of the hazardous material 
transported is greater than 0  deg.C (32  deg.F).

TP9  A hazardous material assigned to special provision TP9 in 
Column (7) of the Sec. 172.101 Table may only be transported in a 
portable tank if approved by the Associate Administrator.

TP10  The portable tank must be fitted with a lead lining at least 5 
mm (0.2 inches) thick. The lead lining must be tested annually to 
ensure that it is intact and functional. Another suitable lining 
material may be used if approved by the Associate Administrator.

TP12  This material is considered highly corrosive to steel.

TP13  Self-contained breathing apparatus must be provided when this 
hazardous material is transported by sea.

TP16  The tank must be protected against over and under 
pressurization which may be experienced during transportation. The 
means of protection must be approved by the approval agency 
designated to approve the portable tank in accordance with the 
procedures in subpart E, part 107 of this subchapter. The pressure 
relief device must be preceded by a frangible disk in accordance 
with the requirements of Sec. 178.275(f)(3) of this subchapter to 
prevent crystallization of the product in the pressure relief 
device.

TP17  Only inorganic non-combustible materials may be used for 
thermal insulation of the tank.

TP18  The temperature of this material must be maintained between 18 
 deg.C (64.4  deg.F) and 40  deg.C (104  deg.F) while in 
transportation. Portable tanks containing solidified methacrylic 
acid must not be reheated during transportation.

TP19  The calculated wall thickness must be increased by 3 mm at the 
time of construction. Wall thickness must be verified ultrasonically 
at intervals midway between periodic hydraulic tests (every 2.5 
years). The portable tank must not be used if the wall thickness is 
less than that prescribed by the applicable T code in Column (7) of 
the Table for this material.

TP20  This hazardous material must only be transported in insulated 
tanks under a nitrogen blanket.

TP21  The wall thickness must not be less than 8 mm. Tanks must be 
hydraulically tested and internally inspected at intervals not 
exceeding 2.5 years.

TP22  Lubricants for portable tank fittings must be oxygen 
compatible.

TP24  The portable tank may be fitted with a device to prevent the 
build up of excess pressure due to the slow decomposition of the 
hazardous material being transported. The device must be in the 
vapor space when the tank is filled under maximum filling 
conditions. This device must also prevent an unacceptable amount of 
leakage of liquid in the case of overturning.

TP25  Sulphur trioxide 99.95% pure and above may be transported in 
tanks without an inhibitor provided that it is maintained at a 
temperature equal to or above 32.5  deg.C (90.5  deg.F).

TP26  The heating device must be exterior to the shell. For UN 3176, 
this requirement only applies when the hazardous material reacts 
dangerously with water.

TP27  A portable tank having a minimum test pressure of 4 bar (400 
kPa) may be used provided the calculated test pressure is 4 bar or 
less based on the MAWP of the hazardous material, as defined in 
Sec. 178.275, where the test pressure is 1.5 times the MAWP.

TP28  A portable tank having a minimum test pressure of 2.65 bar 
(265 kPa) may be used provided the calculated test pressure is 2.65 
bar or less based on the MAWP of the hazardous material, as defined 
in Sec. 178.275 of this subchapter, where the test pressure is 1.5 
times the MAWP.

TP29  A portable tank having a minimum test pressure of 1.5 bar 
(150.0 kPa) may be used provided the calculated test pressure is 1.5 
bar or less based on the MAWP of the hazardous materials, as defined 
in Sec. 178.275 of this subchapter, where the test pressure is 1.5 
times the MAWP.

TP30  This hazardous material may only be transported in insulated 
tanks.

TP31  This hazardous material may only be transported in tanks in 
the solid state.

TP37  IM portable tanks are only authorized for the shipment of 
hydrogen peroxide solutions in water containing 72% or less hydrogen 
peroxide by weight. Pressure relief devices shall be designed to 
prevent the entry of foreign matter, the leakage of liquid and the 
development of any dangerous excess pressure. In addition, the 
portable tank must be designed so that internal surfaces may be 
effectively cleaned and passivated. Each tank must be equipped with 
pressure relief devices conforming to the following requirements:

------------------------------------------------------------------------
                                                                Total
                                                               venting
                                                             capacity in
                                                               standard
                                                              cubic feet
        Concentration of hydrogen peroxide solution            per hour
                                                              (S.C.F.H.)
                                                              per pound
                                                             of hydrogen
                                                               peroxide
                                                               solution
------------------------------------------------------------------------
52% or less................................................           11
Over 52%, but not greater than 60%.........................           22
Over 60%, but not greater than 72%.........................           32
------------------------------------------------------------------------

TP38  Each tank must be insulated with an insulating material so 
that the overall thermal conductance at 15.5  deg.C (60  deg.F) is 
no more than 1.5333 kilojoules per hour per square meter per degree 
Celsius (0.075 Btu per hour per square foot per degree Fahrenheit) 
temperature differential. Insulating materials may not promote 
corrosion to steel when wet.

TP44  Each portable tank must be made of stainless steel, except 
that steel other than stainless steel may be used in accordance with 
the provisions of Sec. 173.24b(b) of this

[[Page 63409]]

subchapter. Thickness of stainless steel for tank shell and heads 
must be the greater of 7.62 mm (0.300 inch) or the thickness 
required for a portable tank with a design pressure at least equal 
to 1.5 times the vapor pressure of the hazardous material at 46 
deg.C (115  deg.F).

TP45  Each portable tank must be made of stainless steel, except 
that steel other than stainless steel may be used in accordance with 
the provisions of 173.24b(b) of this subchapter. Thickness of 
stainless steel for portable tank shells and heads must be the 
greater of 6.35 mm (0.250 inch) or the thickness required for a 
portable tank with a design pressure at least equal to 1.3 times the 
vapor pressure of the hazardous material at 46  deg.C (115  deg.F).

TP46  Portable tanks in sodium metal service are not required to be 
hydrostatically retested.

TP47  This hazardous material is not permitted for transport in IM 
portable tanks.
* * * * *
    (8) * * *

Code/Special Provisions

W7  Vessel stowage category for uranyl nitrate hexahydrate solution 
is ``D'' as defined in Sec. 172.101(k)(4).

W8  Vessel stowage category for pyrophoric thorium metal or 
pyrophoric uranium metal is ``D'' as defined in Sec. 172.101(k)(4).

W9  When offered for transportation by water, the following 
Specification packagings are not authorized unless approved by the 
Associate Administrator: Woven plastic bags, plastic film bags, 
textile bags, paper bags, IBCs and bulk packagings.
* * * * *
    13. In addition, in Sec. 172.102, in paragraph (c)(3), Special 
Provisions B100, B101, B103, B104, B105, B106, B108, B109 and B110 
would be removed.
    14. In Sec. 172.203, paragraph (d)(11) would be revised, new 
paragraphs (i)(5) and (i)(6) would be added, and paragraph (n) would be 
revised to read as follows:


Sec. 172.203  Additional description requirements.

* * * * *
    (d) * * *
    (11) For a shipment of low specific activity material or surface 
contaminated objects, the appropriate group notation of LSA-I, LSA-II, 
LSA-III, SCO-I, or SCO-II, unless these symbols are contained in the 
proper shipping name.
* * * * *
    (i) * * *
    (5) Minimum flashpoint if 61 deg.C or below (in  deg.C closed cup 
(c.c.).
    (6) Subsidiary hazards not communicated in the proper shipping 
name.
* * * * *
    (n) Elevated temperature materials. If a liquid material in a 
package meets the definition of an elevated temperature material in 
Sec. 171.8 of this subchapter, and the fact that it is an elevated 
temperature material is not disclosed in the proper shipping name (for 
example, when the words ``Molten'' or ``Elevated temperature'' are part 
of the proper shipping name), the word ``HOT'' must immediately precede 
the proper shipping name of the material on the shipping paper.
* * * * *
    15. In Sec. 172.402, paragraph (b) would be revised to read as 
follows:


Sec. 172.402  Additional labeling requirements.

* * * * *
    (b) Display of hazard class on labels. The appropriate hazard class 
or division number must be displayed in the lower corner of a primary 
hazard label and a subsidiary hazard label. A subsidiary label meeting 
the specifications of this section which were in effect on [Date of 
publication of final rule] (such as, a label without the hazard class 
or division number displayed in the lower corner of the label) may 
continue to be used as a subsidiary label in domestic transportation by 
rail or highway until October 1, 2005, provided the color tolerances 
are maintained and are in accordance with the display requirements in 
this subchapter.
* * * * *


Sec. 172.405  [Amended]

    16. In Sec. 172.405, the following changes would be made:
    a. In paragraph (a) introductory text, the wording ``subsidiary 
label when--'' would be removed and ``subsidiary label.'' would be 
added in its place.
    b. Paragraphs (a)(1) and (a)(2) would be removed.
    17. In Sec. 172.411, the section heading, the text of paragraph (c) 
preceding the labels, and paragraph (d) would be revised to read as 
follows:


Sec. 172.411  EXPLOSIVE 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 labels.

* * * * *
    (c) Except for size and color, the EXPLOSIVE 1.4, EXPLOSIVE 1.5 and 
EXPLOSIVE 1.6 labels must be as follows:
* * * * *
    (d) In addition to complying with Sec. 172.407, the background 
color on the EXPLOSIVE 1.4, EXPLOSIVE 1.5, EXPLOSIVE 1.6 and EXPLOSIVE 
subsidiary label must be orange. The ``*'' shall be replaced with the 
appropriate compatibility group. The compatibility group letter must be 
shown as a capitalized Roman letter. Division numerals must measure at 
least 30 mm (1.2 inches) in height and at least 5 mm (0.2 inches) in 
width.
    18. In addition, in Sec. 172.411, in paragraph (c), the wording 
``EXPLOSIVE SUBSIDIARY LABEL:'' and the label following it would be 
removed.
    19. In Sec. 172.504, in paragraph (g), a sentence would be added at 
the end of the existing text and paragraphs (g)(1) through (g)(4) would 
be added to read as follows:


Sec. 172.504  General placarding requirements.

* * * * *
    (g) * * * When more than one compatibility group placard is 
required for Class 1 materials, only one placard is required to be 
displayed as follows:
    (1) Explosive articles of compatibility groups C, D or E may be 
placarded displaying compatibility group E.
    (2) Explosive articles of compatibility groups C, D, E or N may be 
placarded displaying compatibility group D.
    (3) Explosive substances of compatibility groups C and D may be 
placarded displaying compatibility group D.
    (4) Explosive articles of compatibility groups C, D, E or G, except 
for fireworks, may be placarded displaying compatibility group E.
    20. In Sec. 172.519, paragraph (b)(4) would be revised to read as 
follows:


Sec. 172.519  General specifications for placards.

* * * * *
    (b) * * *
    (4) For a placard corresponding to the primary or subsidiary hazard 
class of a material, the hazard class or division number must be 
displayed in the lower corner of the placard. A permanently affixed 
subsidiary placard meeting the specifications of this section which 
were in effect on [date of publication of final rule] (such as, a 
placard without the hazard class or division number displayed in the 
lower corner of the placard) and which was installed prior to October 
1, 2001, may continue to be used as a subsidiary placard in domestic 
transportation by rail or highway, provided the color tolerances are 
maintained and are in accordance with the display requirements in this 
subchapter. Stocks of non-permanently affixed subsidiary placards in 
compliance with the requirements in effect on [date of publication of 
final rule], may continue to be used in domestic transportation by rail 
or highway until October 1, 2005, or until current stocks are depleted, 
whichever occurs first.
* * * * *

[[Page 63410]]

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

    21. The authority citation for part 173 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.53.

    22. In Sec. 173.2a, in paragraph (b), in the Precedence of Hazard 
Table, in the first column, the first three entries would be amended by 
adding a footnote reference ``2'' immediately following ``I'', 
``II'', and ``III'', respectively, and in footnote 2 at the end of the 
table would be revised to read as follows:


Sec. 173.2a  Classification of a material having more than one hazard.

* * * * *
    (b) * * *

                       Precedence of Hazard Table
------------------------------------------------------------------------

-------------------------------------------------------------------------

*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------
2 Materials of Division 4.1 other than self-reactive substances and
  solid desensitized explosives, and materials of Class 3 other than
  liquid desensitized explosives.

* * * * *
    23. In Sec. 173.4, paragraph (a)(1) introductory text is revised to 
read as follows:


Sec. 173.4  Small quantity exceptions.

    (a) * * *
    (1) The maximum quantity of material per inner receptacle or 
article is limited to:
* * * * *
    24. In Sec. 173.24b, paragraph (e) would be added to read as 
follows:


Sec. 173.24b  Additional general requirements for bulk packagings.

* * * * *
    (e) Specification packagings and UN standard packagings 
manufactured outside the United States--(1) UN portable tanks. A UN 
portable tank manufactured in the United States must conform in all 
details to the applicable requirements in this part, the specification 
requirements in part 178 of this subchapter and the retest requirements 
in part 180 of this subchapter.
    (2) UN portable tanks manufactured outside the United States. A UN 
portable tank manufactured outside the United States, in accordance 
with national or international regulations based on the UN 
Recommendations on the Transport of Dangerous Goods and is an 
authorized packaging, it may be filled, offered and transported in the 
United States, if the Sec. 172.101 Table of this subchapter authorizes 
the hazardous material and it conforms to the applicable T code and 
tank provision codes assigned to the hazardous material in Column (7) 
of the Table. In addition, the portable tank must be in accordance with 
the following:
    (i) Conform to applicable provisions in the UN Recommendations on 
the Transport of Dangerous Goods (Incorporated by reference, see 
Sec. 171.7 of this subchapter) and the requirements of this subpart;
    (ii) Be capable of passing the prescribed tests in part 178 of this 
subchapter applicable to the UN portable tank specification;
    (iii) Be designed and manufactured according to the ASME Code 
(Incorporated by reference, see Sec. 171.7 of this subchapter) or a 
pressure vessel design code approved by the Associate Administrator;
    (iv) Be approved by the Associate Administrator when the portable 
tank is designed and constructed under the provisions of an alternative 
arrangement (see Sec. 178.274(a)(2) of this subchapter); and
    (v) When manufactured in a country other than the United States, 
the competent authority of the country of manufacture must provide 
reciprocal treatment for UN portable tanks manufactured in the United 
States.
    25. Section 173.32 would be revised to read as follows:


Sec. 173.32  Requirements for the use of portable tanks.

    (a) General requirements. No person may offer a hazardous material 
for transportation in a portable tank except as authorized by this 
subchapter.
    (1) Except as otherwise provided in this subpart, a portable tank 
may not be used for the transportation of a hazardous material unless 
it meets the requirements of this subchapter.
    (2) No person may fill and offer for transportation a portable tank 
when the prescribed periodic test or inspection under subpart G of part 
180 of this subchapter has become due until the test or inspection has 
been successfully completed. This requirement does not apply to any 
portable tank filled prior to the test or inspection due date.
    (3) When a portable tank is used as a cargo tank container, it 
shall conform to all the requirements prescribed for cargo tank 
containers. (See Sec. 173.33.)
    (b) Substitute packagings. A particular Specification portable tank 
may be substituted for another portable tank as follows:
    (1) An IM or UN portable tank may be used whenever an IM or UN 
portable tank having less stringent requirements is authorized provided 
the portable tank meets or exceeds the requirements for pressure-relief 
devices, bottom outlets and any other special provisions specified in 
Sec. 172.102(c)(7)(vi) of this subchapter.
    (2) Where a Specification IM101 or IM102 portable tank is 
prescribed, a Specification 51 portable tank otherwise conforming to 
the special commodity requirements of Sec. 172.102(c)(7) of this 
subchapter may be used.
    (3) A DOT Specification 51 portable tank may be used whenever a DOT 
Specification 56, 57, or 60 portable tank is authorized. A DOT 
Specification 60 portable tank may be used whenever a DOT Specification 
56 or 57 portable tank is authorized. A higher integrity tank used 
instead of a specified portable tank must meet the same design profile; 
for example, a DOT Specification 51 portable tank must be lined if used 
instead of a lined DOT Specification 60 portable tank.
    (c) Grandfather provisions for portable tanks--(1) Continued use of 
specification 56 and 57 portable tanks. Continued use of an existing 
portable tank constructed to DOT Specification 56 or 57 is authorized 
only for a tank constructed before October 1, 1996. A stainless steel 
portable tank internally lined with polyethylene that was constructed 
on or before October 1, 1996, and that meets all requirements of DOT 
Specification 57 except for being equipped with a polypropylene 
discharge ball valve and polypropylene secondary discharge opening 
closure, may be marked as a Specification 57 portable tank and used in 
accordance with the provisions of this section.
    (2) A DOT Specification 51 and IM 101 or IM 102 portable tank may 
not be manufactured after January 1, 2003 may continue to be used for 
the transportation of a hazardous material provided they fulfill the 
requirements of

[[Page 63411]]

this subchapter, including the specification requirements and the 
requirements of this subchapter for the transportation of the 
particular hazardous material (see Sec. 171.14(d)(5) of this 
subchapter), and provided it conforms to the periodic inspection and 
tests specified for the particular portable tank in subpart G of part 
180 of this subchapter. On and after January 1, 2003, all newly 
manufactured portable tanks must conform to the requirements for the 
design, construction and approval of UN portable tanks as specified in 
Secs. 178.273, 178.274, 178.275, 178.276 and 178.277 of this 
subchapter.
    (3) A DOT Specification portable tank manufactured prior to January 
1, 1992 that is equipped with a non-reclosable pressure relief device 
may continue in service for the hazardous materials for which it is 
authorized. Except for a DOT Specification 56 or 57 portable tank, a 
DOT Specification portable tank manufactured after January 1, 1992, 
used for materials meeting the definition for Division 6.1 liquids, 
Packing Group I or II, Class 2 gases, or Class 3 or 4 liquids, must be 
equipped with a re-closing pressure relief valve having adequately 
sized venting capacity.
    (d) Maximum Allowable Working Pressure. (1) Prior to filling and 
offering a portable tank for transportation, the shipper must confirm 
that the portable tank conforms to the specification required for the 
hazardous material and that the maximum allowable working pressure 
(MAWP) of the portable tank is greater than or equal to the highest 
pressure obtained under the following conditions:
    (i) For compressed gases and certain refrigerated liquids that are 
not cryogenic liquids and that are not transported in a UN portable 
tank, the pressure prescribed in Sec. 173.315. For liquefied compressed 
gases transported in a UN portable tank, the pressures prescribed in 
T50 in Sec. 172.102 of this subchapter.
    (ii) For liquid hazardous materials the pressures specified in 
Sec. 178.275(a) of this subchapter used for determining the MAWP.
    (iii) The maximum pressure used to load or unload the hazardous 
material.
    (2) Unless otherwise specified, where a portable tank is 
authorized, the minimum tank design pressure is 172 kPa (25 psig) for 
any Packing Group I or Packing Group II liquid hazardous material that 
meets more than one hazard class definition.
    (e) External inspection prior to filling. Each portable tank must 
be given a complete external inspection. Any unsafe condition must be 
corrected prior to its being offered for transportation. The external 
inspection shall include a visual inspection of:
    (1) The shell, piping, valves and other appurtenances for corroded 
areas, dents, defects in welds and other defects such as missing, 
damaged, or leaking gaskets;
    (2) All flanged connections or blank flanges for missing or loose 
nuts and bolts;
    (3) All emergency devices for corrosion, distortion, or any damage 
or defect that could prevent their normal operation;
    (4) All required markings on the tank for legibility; and
    (5) Any device for tightening manhole covers to ensure such devices 
are operative and adequate to prevent leakage at the manhole cover.
    (f) Loading requirements. (1) A hazardous material may not be 
loaded in a portable tank if the part of the tank or any of its 
appurtenances having contact with the material during transportation 
would be damaged, would cause a dangerous reaction with the material or 
would compromise the ability of the portable tank to retain the 
hazardous material.
    (2) A hazardous material may not be loaded in a portable tank 
unless it has pressure relief devices providing total relieving 
capacity meeting the requirements of this subchapter.
    (3) Except during a hydrostatic test, a portable tank may not be 
subjected to a pressure greater than its maximum allowable working 
pressure.
    (4) A portable tank may not be loaded to a gross weight greater 
than the maximum allowable gross weight specified on its identification 
plate.
    (5) Except for a non-flowable solid or a liquid with a viscosity of 
2,680 centistokes (millimeters squared per second) or greater at 
20 deg.C (68  deg.F), a portable tank or compartment thereof having a 
volume greater than 7,500 L (1,980 gallons) may not be loaded to a 
filling density of more than 20% and less than 80% by volume. This 
filling restriction does not apply if a portable tank is divided by 
partitions or surge plates into compartments of not more than 7,500 L 
(1,980) capacity. Portable tanks must not be offered for transportation 
in an ullage condition liable to produce an unacceptable hydraulic 
force due to surge.
    (6) The outage for a portable tank may not be less than 2% at a 
temperature of 50  deg.C (122  deg.F). For UN portable tanks, the 
applicable maximum filling limits apply as specified according to the 
assigned TP codes in Column (7) of the Sec. 172.101 Table of this 
subchapter except when transported domestically.
    (7) Each tell-tale indicator for the space between a frangible disc 
and a safety relief valve mounted in series must be checked after the 
tank is filled and prior to transportation to ensure that the frangible 
disc is leak free. Any leakage through the frangible disc must be 
corrected prior to offering the tank for transportation. The tell-tale 
device must be designed to prevent the loss of any hazardous material 
through the device itself while the tank is in transportation.
    (8) During filling, the temperature of the hazardous materials 
shall not exceed the limits of the design temperature range of the 
portable tank.
    (9) The maximum mass of liquefied compressed gas per liter (gallon) 
of shell capacity (kg/L or lbs./gal.) may not exceed the density of the 
liquefied compressed gas at 50  deg.C (122  deg.F). The portable tank 
must not be liquid full at 60  deg.C (140  deg.F).
    (g) Relief system. Any DOT Specification portable tank manufactured 
prior to January 1, 1992 that is equipped with a non-reclosable 
pressure relief device may continue in service for the hazardous 
materials for which it it is authorized. Except for DOT Specification 
56 and 57 portable tanks, any DOT Specification portable tank 
manufactured after January 1, 1992 used for materials meeting the 
definition for Division 6.1 liquids Packing Group I or II, Class 2 
gases, or Class 3 or 4 liquids must be equipped with a reclosing 
pressure relief valve having adequately sized venting capacity.
    (h) Additional requirements for specific modal transport. In 
addition to other applicable requirements, the following apply:
    (1) A portable tank containing a hazardous material may not be 
loaded on a highway or rail transport vehicle unless loaded entirely 
within the horizontal outline thereof, without overhang or projection 
of any part of the tank assembly. In addition, for unloading a portable 
tank, see Sec. 177.834(h) of this subchapter.
    (2) A portable tank used for the transportation of flammable 
liquids by rail may not be fitted with non-reclosing pressure relief 
devices except in series with reclosing pressure relief valves.
    (3) A portable tank or Specification 106A or 110A multi-unit tank 
car containing a hazardous material may not be offered for 
transportation aboard a passenger vessel unless:
    (i) The vessel is operating under a change to its character of 
vessel certification as defined in Sec. 171.8 of this subchapter; and

[[Page 63412]]

    (ii) The material is permitted to be transported aboard a passenger 
vessel in the Sec. 172.101 Table of this subchapter.
    (i) Additional general commodity specific requirements. In addition 
to other applicable requirements, the following requirements apply:
    (1) Each uninsulated portable tank used for the transportation of 
liquefied compressed gases must have an exterior surface finish that is 
significantly reflective, such as a light-reflecting color if painted, 
or a bright reflective metal or other material if unpainted.
    (2) If a hazardous material is being transported in a molten state, 
the portable tank must be thermally insulated with suitable insulation 
material of sufficient thickness that the overall thermal conductance 
is not more than 0.080 Btu per hour per square foot per degree 
Fahrenheit differential.
    (j) Additional requirements for portable tanks other than IM 
specification and UN portable tanks. (1) The bursting strength of any 
piping and fittings must be at least four times the design pressure of 
the tank, and at least four times the pressure to which, in any 
instance, it may be subjected in service by the action of a pump or 
other device (not including safety relief valves) that may subject 
piping to pressures greater than the design pressure of the tank.
    (2) Pipe joints must be threaded, welded or flanged. If threaded 
pipe is used, the pipe and pipe fittings must not be lighter than 
(Schedule 80) weight. Non-malleable metals must not be used in the 
construction of valves or fittings. Where copper tubing is permitted, 
joints must be brazed or be of equally strong metal union type. The 
melting point of brazing material may not be lower than 1,000  deg.F 
(537.8 deg.C). The method of joining tubing must not decrease the 
strength of the tubing such as by the cutting of threads.
    (3) Non-malleable metals may not be used in the construction of 
valves or fittings.
    (4) Suitable provision must be made in every case to allow for 
expansion, contraction, jarring and vibration of all pipe. Slip joints 
may not be used for this purpose.
    (5) Piping and fittings must be grouped in the smallest practicable 
space and must be protected from damage as required by the 
specification.
    (6) All piping, valves and fittings on every portable tank must be 
leakage tested with gas or air after installation and proved tight at 
not less than the design pressure of the portable tank on which they 
are used. In the event of replacement, all such piping, valves, or 
fittings so replaced must be tested in accordance with the requirements 
of this section before the portable tank is returned to transportation 
service. The requirements of this section apply to all hoses used on 
portable tanks, except that hoses may be tested either before or after 
installation on the portable tank.
    (7) All materials used in the construction of portable tanks and 
their appurtenances may not be subject to destructive attack by the 
contents of the tank.
    (8) All parts of the portable tanks and appurtenances for anhydrous 
ammonia must be steel. No aluminum, copper, silver, zinc, nor their 
alloys may be used. Brazed joints may not be used.
    (9) Each outlet of a portable tank used for the transportation of 
liquefied compressed gases, except carbon dioxide, must be provided 
with a suitable automatic excess-flow valve (see definition in 
Sec. 178.337-1(g) of this subchapter). These valves must be located 
inside the portable tank or at a point outside the portable tank where 
the line enters or leaves the portable tank. The valve seat must be 
located inside the portable tank or may be located within a welded 
flange or its companion flange, or within a nozzle or within a 
coupling. The installation must be made in such a manner as to 
reasonably assure that any undue strain which causes failure requiring 
functioning of the valve shall cause failure in such a manner that it 
will not impair the operation of the valve.
    (i) Safety device connections and liquid level gauging devices that 
are constructed so that the outward flow of tank contents willl not 
exceed that passed by an opening of 0.1397 cm (0.0550 inches) are not 
required to be equipped with excess-flow valves.
    (ii) An excess-flow valve must close automatically if the flow 
reaches the rated flow of gas or liquid specified by the original valve 
manufacturer when piping mounted directly on the valve is sheared off 
before the first valve, pump, or fitting downstream from the excess 
flow valve.
    (iii) An excess-flow valve may be designed with a by-pass, not to 
exceed a 0.1016 cm (0.040 inches) diameter opening to allow 
equalization of pressure.
    (iv) Filling and discharge lines must be provided with manually 
operated shut-off valves located as close to the tank as practical. The 
use of ``Stop-Check'' valves to satisfy with one valve the requirements 
of this section is forbidden.
    (10) Each portable tank used for carbon dioxide and nitrous oxide 
must be lagged with a suitable insulation material of such thickness 
that the overall thermal conductance is not more than 0.08 Btu per 
square foot per degree Fahrenheit differential in temperature per hour. 
The conductance must be determined at 60 deg. Fahrenheit. Insulation 
material used on portable tanks for nitrous oxide must be 
noncombustible.
    (11) A refrigerating and/or heating coil or coils must be installed 
in portable tanks used for carbon dioxide and nitrous oxide. Such coils 
must be tested externally to at least the same pressure as the test 
pressure of the portable tank. The coils must also be tested internally 
to at least twice the working pressure of the heating or refrigerating 
system to be used, but in no case less than the test pressure of the 
portable tank. Such coils must be securely anchored. The refrigerant or 
heating medium to be circulated through the coil or coils must be such 
as to cause no adverse chemical reaction with the portable tank or its 
contents in the event of leakage.


Sec. 173.32a  [Removed]

    26. Sec. 173.32a would be removed.


Sec. 173.32b  [Removed]

    27. Sec. 173.32b would be removed.


Sec. 173.32c  [Removed]

    28. Sec. 173.32c would be removed.
    29. In Sec. 173.61, paragraph (e)(3) would be revised and a new 
paragraph (e)(8) would be added to read as follows:


Sec. 173.61  Mixed packaging requirements.

* * * * *
    (e) * * *
    (3) Explosives of compatibility group S may be packaged together 
with explosives of all other compatibility groups except A and L, and 
the entire package shall be treated as belonging to any of the packaged 
compatibility groups except S.
* * * * *
    (8) Explosive articles of compatibility groups C, D, E and G, 
except for fireworks and articles requiring special packaging, may be 
packaged together and the entire package shall be treated as belonging 
to compatibility group E.


Sec. 173.62  [Amended]

    30. In Sec. 173.62, in paragraph (c), in the Explosives Packing 
Instructions Table, in the fourth column, the following changes would 
be made in appropriate packaging specification number order:
    a. For packing instruction entries, 112(a), 112(b), 112(c), 113, 
115, 116, 130, 131, 134, 135, 136, 138, 140, 141, 142 and 144, under 
the word ``Drums'', the wording ``plywood (1D)'' would be added in the 
alpha-numeric order of the parenthetical.

[[Page 63413]]

    b. For the packing instruction entries, 112(c), 113, 115, 134, 138 
and 140, under the word ``Drums'', the wording ``plastics, removable 
head (1H2)'' would be added in the alpha-numeric order of the 
parenthetical.
    c. For the packing instruction entries, 134 and 138, under the word 
``Drums'', the wording ``fiberboard (1G)'' would be added in the alpha-
numeric order of the parenthetical.
    d. For the packing instruction entry, 144, under the wording 
``plastics, expanded (4H1)'', the word ``Drums.'' would be added and 
under the new word ``Drums.'', the wording, ``steel, removable head 
(1A2)'', ``Aluminum, removable head (1B2)'' and ``plastics, removable 
head (1H2)'' would be added in the alpha-numeric order of the 
parenthetical.
    e. For the packing instruction entry, 144, under the word 
``Boxes'', the wording ``plastics, solid (4H2)'' would be added in the 
alpha-numeric order of the parenthetical.
    f. For the packing instruction entries, 112(c) and 113, under the 
word ``Boxes'', the wording ``aluminum (4B)'' would be added in the 
alpha-numeric order of the parenthetical.
    31. In Sec. 173.128, paragraph (d)(1)(ii) would be revised to read 
as follows:


Sec. 173.128  Class 5, Division 5.2--Definitions and types.

* * * * *
    (a) * * *
    (1) * * *
    (ii) A mixture of organic peroxides prepared according to 
Sec. 173.225(c)(3); or
* * * * *
    32. In Sec. 173.150, paragraph (d)(2) is revised to read as 
follows:


Sec. 173.150  Exceptions for Class 3 (flammable) and combustible 
liquids.

* * * * *
    (d) * * *
    (2) Is in an inner packaging of five liters (1.3 gallons) or less, 
and is not transported as checked or carry-on baggage by passenger 
aircraft, except as provided in Sec. 175.10(a)(17) of this subchapter; 
or
* * * * *
    33. In Sec. 173.162, paragraph (a) introductory text and (a)(1) 
would be revised to read as follows:


Sec. 173.162  Gallium.

    (a) Except when packaged in cylinders or steel flasks, gallium must 
be packaged in packagings which meet the requirements of part 178 of 
this subchapter at the Packing Group I performance level for 
transportation by aircraft, and at the Packing Group III performance 
level for transport by highway, rail or vessel, as follows:
    (1) In combination packagings intended to contain liquids 
consisting of glass, earthenware or rigid plastic inner packagings with 
a maximum net mass of 15 kg (33 pounds) each. The inner packagings must 
be packed in wood boxes (4C1, 4C2, 4D, 4F), fiberboard boxes (4G), 
plastic boxes (4H1, 4H2), fiber drums (1G) or removable head steel and 
plastic drums or jerricans (1A2, 1H2, 3A2 or 3H2) with sufficient 
cushioning materials to prevent breakage. Either the inner packagings 
or the outer packagings must have inner liners or bags of strong 
leakproof and puncture-resistant material impervious to the contents 
and completely surrounding the contents to prevent it from escaping 
from the package, irrespective of its position.
* * * * *
    34. In Sec. 173.185, a new sentence would be added at the end of 
paragraph (a), paragraphs (b) introductory text, (b)(1), (b)(2), 
(b)(5), (c)(1), (c)(2), and (c)(3) would be revised, and a heading 
would be added to paragraph (c) to read as follows:


Sec. 173.185  Lithium batteries and cells.

    (a) * * * For the purposes of this subchapter, ``lithium content'' 
means the mass of lithium in the anode of a lithium metal or lithium 
alloy cell, except in the case of a lithium ion cell where the 
``equivalent lithium content'' in grams is calculated to be 0.3 times 
the rated capacity in ampere-hours.
    (b) Exceptions. Cells and batteries are not subject to the 
requirements of this subchapter if they meet the following 
requirements:
    (1) Each cell with a liquid cathode may contain no more than 0.5 g 
of lithium content. Each cell with a solid cathode may contain no more 
than 1.0 g lithium content. Each lithium ion cell may contain no more 
than 1.5 g of equivalent lithium content;
    (2) Each battery with a liquid cathode may contain an aggregate 
quantity of no more than 1.0 g lithium content. Each battery with a 
solid cathode may contain an aggregate quantity of no more than 2.0 g 
of lithium content. Each lithium-ion battery may contain an aggregate 
quantity of no more than 8.0 grams of equivalent lithium content;
* * * * *
    (5) If when fully charged, the aggregate lithium content of the 
anodes in a liquid cathode battery is more than 0.5 g, or the aggregate 
lithium content of the anodes in a solid cathode battery is more than 
1.0 g, then the battery may not contain a liquid or gas that is a 
hazardous material according to this subchapter unless the liquid or 
gas, if free, would be completely absorbed or neutralized by other 
materials in the battery.
    (c) Additional exceptions. * * *
    (1) The lithium content of the anode of each cell, when fully 
charged, is not more than 5 g;
    (2) The aggregate lithium content of the anodes of each battery, 
when fully charged, is not more than 25 g;
    (3) Each cell or battery is of the type proven to be non-dangerous 
by testing in accordance with tests in the UN Manual of Tests and 
Criteria (incorporated by reference, see Sec. 171.7 of this 
subchapter). Such testing must be carried out on each type of cell or 
battery prior to the initial transport of that type; and
* * * * *
    35. In Sec. 173.224, paragraph (b)(4) would be revised; in the 
table following paragraph (b)(7), the following entry would be added in 
the appropriate alphabetical order; and paragraph (d) would be removed, 
to read as follows:


Sec. 173.224  Packaging and control and emergency temperatures for 
self-reactive materials.

* * * * *
    (b) * * *
    (4) Packing method. Column 4 specifies the highest packing method 
which is authorized for the self-reactive material. A packing method 
corresponding to a smaller package size may be used, but a packing 
method corresponding to a larger package size may not be used. The 
Table of Packing Methods in Sec. 173.225(d) defines the packing 
methods. Bulk packagings are authorized as specified in Sec. 173.225(d) 
for Type F self-reactive substances. Additional bulk packagings are 
authorized if approved by the Associate Administrator.
* * * * *
    (7) * * *

[[Page 63414]]



                                                                Self-Reactive Substances
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Identification                         Packing    Control temperature--    Emergency
              Self-reactive substance                      No.       Concentration--(%)     method            ( deg.C)         temperature      Notes
(1)                                                           (2)               (3)              (4)                (5)               (6)           (7)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   *                  *                  *                  *                  *                  *                  *
2,2'-Azodi(isobutyronitrile) as a water based paste          3224    50%              OP6   .....................  ............  ............
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    36. In Sec. 173.225, in paragraph (b), in the Organic Peroxide 
Table, the following entries would be removed and added in the 
appropriate alphabetical order; in Column (8), ``7'' and ``10'' would 
be removed each place they appear; and in the ``NOTES'' immediately 
following the Table, Notes ``7'' and ``10'' would be removed and 
reserved and Notes ``26'' and ``27'' would be added in the appropriate 
numerical order; and paragraphs (e) introductory text, (e)(3), and 
(e)(5) would be revised to read as follows:


Sec. 173.225  Packaging requirements and other provisions for organic 
peroxides.

* * * * *
    (b) * * *

                                                                 Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Diluent (mass %)                                         Temperature (
                                              ID     Concentration ------------------------  Water                                 deg.C)
             Technical name                 number      (mass %)                             (mass       Packing method     --------------------   Note
                                                                       A       B       I       %)                            Control  Emergency
(1)                                             (2)           (3)     (4a)    (4b)    (4c)      (5)  (6)                        (7a)      (7b)       (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   *                  *                  *                  *                  *                  *                  *
                [REMOVE:]

tert-Amyl peroxybenzoate................     UN3105  96  32  ......  42  ......  ......  ......  .......  OP8                           0        10
 stable dispersion in water].
                   *                  *                  *                  *                  *                  *                  *
tert-Butyl peroxyneoheptanoate..........     UN3115  77  27  ......  77  72  ......  90-100   ......  ......  ......  .......  OP5
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,5,5-             UN3103        >57-90   57  ......  ......  57  32  77  ......  52  ......  10  ......  ......  ......  .......  OP7                          20        25   .......
 ethylhexanoylperoxy)hexane.                                    0
                   *                  *                  *                  *                  *                  *                  *
Dimyristyl peroxydicarbonate [as a           UN3119  42  ......  ......  ......  .......  IBC                          15        25        10
 stable dispersion in water].
                  *                  *                  *                  *                  *                  *                  * -
Di-n-propyl peroxydicarbonate...........     UN3113  10  ......  ......  ......  .......  OP4                         -25       -15   .......
                                                                0
                   *                  *                  *                  *                  *                  *                  *
Di-(3,5,5-trimethylhexanoyl) peroxide...     UN3119  38  32  1     n38
 [and] Di-isopropyl peroxydicarbonate.                       5-18
                                                     +1
                                                             2-15
                   *                  *                  *                  *                  *                  *                  *
2,4,4-Trimethylpentyl-2-                     UN3115  72  ......  52  ......  ......  ......  .......  OP8                          -5         5
 peroxyneodecanoate [as a stable
 dispersion in water]..
2,4,4-Trimethylpentyl-2-peroxy               UN3115  37  ......  10  ......  ......  ......  .......  OP5                     .......  .........  .......
                                                                0
                   *                  *                  *                  *                  *                  *                  *
tert-Butyl peroxy-2-ethylhexanoate......     UN3119  32  ......  52  ......  ......  ......  .......  OP8                           0        10   .......
 stable dispersion in water].
                   *                  *                  *                  *                  *                  *                  *
tert-Butyl peroxyneodecanoate [as a          UN3119  42  ......  ......  ......  .......  IBC                          -5         5        10
 stable dispersion in water].
                   *                  *                  *                  *                  *                  *                  *
tert-Butyl peroxyneodecanoate...........     UN3119  32  77  27  ......  52  ......  ......  ......  .......  IBC                         -15        -5   .......
 dispersion in water].
                   *                  *                  *                  *                  *                  *                  *
Cumyl peroxyneoheptanoate...............     UN3115  77  72  90-100   ......  ......  ......  .......  OP5                     .......  .........  .......
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5-             UN3103        >57-90   77  ......  57  ......  ......  57  32     ......  52  ......  ......  ......  .......  IBC                         -20       -10   .......
 stable dispersion in water].
                   *                  *                  *                  *                  *                  *                  *
Di-(2-ethoxyethyl) peroxydicarbonate....     UN3115  52  ......  77     ......  ......  ......  .......  OP8                         -15        -5   .......
 a stable dispersion in water].                                62
                   *                  *                  *                  *                  *                  *                  *
Diisopropyl peroxydicarbonate...........     UN3115  52  ......     ......     ......  18
                                                       + 4
                   *                  *                  *                  *                  *                  *                  *
2,5-Dimethyl-2,5-di-(tert-                   UN3108  77  ......  ......  86-100   ......  ......  ......  .......  OP5                     .......  .........  .......
 butylperoxy)hexyne-3.
                   *                  *                  *                  *                  *                  *                  *
Dimyristyl peroxydicarbonate [as a           UN3119  42  ......  ......  ......  .......  IBC                          15        20        10
 stable dispersion in water].
                   *                  *                  *                  *                  *                  *                  *
Di-n-propyl peroxydicarbonate...........     UN3113  10  ......  ......  ......  .......  OP3                         -25       -15   .......
                                                                0
                   *                  *                  *                  *                  *                  *                  *
Di-n-propyl peroxydicarbonate...........     UN3113  77  ......  71  72  ......  37  72  ......  52  ......  ......  ......  .......  IBC -5                       -5       -10
 peroxyneodecanoate [as a stable
 dispersion in water].
1,1,3,3-Tetramethylbutyl peroxy              UN3115  37  ......  42   10%.
    27. Available oxygen must be  7.6%.
* * * * *
    (e) Bulk packagings for organic peroxides. The following bulk 
packagings are authorized:
* * * * *
    (3) Portable tanks. The following requirements apply to portable 
tanks intended for the transport of Type F organic peroxides or Type F 
self-reactive substances. DOT 51, 57, IM 101 portable tanks, and UN 
portable tanks that conform to the requirements of T23 (see 
Sec. 172.102(c)(7) of this subchapter), when T23 is specified in Column 
(7) of the Sec. 171.101 Table of this subchapter for the Type F organic 
peroxide or Type F self-reactive substance. Type F organic peroxide or 
self-reactive substance formulations other than those indicated in T23 
may be transported in portable tanks if approved by the Associate 
Administrator. The following conditions also apply:
    (i) The portable tank must be designed for a test pressure of at 
least 0.4 MPa (4 bar).
    (ii) Portable tanks must be fitted with temperature-sensing 
devices.
    (iii) Portable tanks must be fitted with pressure relief devices 
and emergency-relief devices. Vacuum-relief devices may also be used. 
Pressure relief devices must operate at pressures determined according 
to both the properties of the hazardous material and the construction 
characteristics of the portable tank. Fusible elements are not allowed 
in the shell.
    (iv) The pressure relief devices must consist of reclosing devices 
fitted to prevent significant build-up within the portable tank of the 
decomposition products and vapors released at a temperature of 50 
deg.C (122  deg.F). The capacity and start-to-discharge pressure of the 
relief devices must be in accordance with the applicable requirements 
of this subchapter specified for the portable tank. The start-to-
discharge pressure must in no case be such that liquid would escape 
from the pressure relief devices if the portable tank were overturned.
    (v)(A) The emergency-relief devices may be of the reclosing or 
frangible types, or a combination of the two, designed to vent all the 
decomposition products and vapors evolved during a period of not less 
than one hour of complete fire engulfment as calculated by the 
following formula:
[GRAPHIC] [TIFF OMITTED] TP23OC00.004

Where:
q = heat absorption (W)
A = wetted area (m2)

    (B) Insulation factor (F) in the formula in paragraph (e)(3)(v)(A) 
of this section equals 1 for non-insulated vessels and for insulated 
vessels F is calculated using the following formula:
[GRAPHIC] [TIFF OMITTED] TP23OC00.005

Where:
    U = K/L = heat transfer coefficient of the insulation 
(Wm-2K-1); where K = heat 
conductivity of insulation layer 
(Wm-1K-1), and L = 
thickness of insulation layer (m).
    TPO = temperature of material at relieving conditions 
(K).

    (vi) The start-to-discharge pressure of emergency-relief devices 
must be higher than that specified for the pressure relief devices in 
paragraph (e)(3)(iv) of this section. The emergency-relief devices must 
be sized and designed in such a way that the maximum pressure in the 
shell never exceeds the test pressure of the portable tank.

    Note to Paragraph (e)(3)(vi): An example of a method to 
determine the size of emergency-relief devices is given in Appendix 
5 of the UN Manual of Tests and Criteria (incorporated by reference, 
see Sec. 171.7 of this subchapter).

    (vii) For insulated portable tanks, the capacity and setting of 
emergency-relief devices must be determined assuming a loss of 
insulation from 1 percent of the surface area.
    (ix) Vacuum-relief devices and reclosing devices on portable tanks 
used for flammable hazardous materials must be provided with flame 
arresters. Any reduction of the relief capacity caused by the flame 
arrester must be taken into account and the appropriate relief capacity 
must be provided.
    (x) Service equipment such as devices and external piping must be 
designed and constructed so that no hazardous material remains in them 
after filling the portable tank.
    (xi) Portable tanks may be either insulated or protected by a sun-
shield. If the SADT of the hazardous material in the portable tank is 
55  deg.C (131  deg.F) or less, the portable tank must be completely 
insulated. The outer surface must be finished in white or bright metal.
    (xii) The degree of filling must not exceed 90% at 15  deg.C (59 
deg.F).
    (xiii) DOT 57 metal portable tanks are authorized only for tert-
butyl cumyl peroxide, di-(2-tert-butylperoxyisopropyl-benzene(s), 
dicumyl peroxide and mixtures of two or more of these peroxides.
* * * * *
    (5) IBCs. IBCs are authorized subject to the conditions and 
limitations of this section provided the IBC type is authorized 
according to IB52 (see 172.102(c)(4) of this subchapter), as 
applicable, and the IBC conforms to the requirements in part 178 of 
this subchapter at the Packing Group II performance level. The 
following additional requirements also apply:
    (i) IBCs shall be provided with a device to allow venting during 
transportation. The inlet to the pressure

[[Page 63417]]

relief device shall be sited in the vapor space of the IBC under 
maximum filling conditions during transportation.
    (ii) To prevent explosive rupture of metal IBCs or composite IBCs 
with complete metal casing, the emergency-relief devices shall be 
designed to vent all the decomposition products and vapors evolved 
during self-accelerating decomposition or during a period of not less 
than one hour of complete fire-engulfment as calculated by the formula 
in paragraph (e)(3)(v) of this section. The control and emergency 
temperatures specified in IB52 are based on a non-insulated IBC.
    37. In Sec. 173.240, paragraphs (c) and (d) would be revised to 
read as follows:


Sec. 173.240  Bulk packagings for certain low hazard solid materials.

* * * * *
    (c) Portable tanks and closed bulk bins. DOT 51, 56, 57 and 60 
portable tanks; IMO type 1, 2 and 5, and IM 101 and IM 102 portable 
tanks; UN portable tanks; marine portable tanks conforming to 46 CFR 
part 64; and sift-proof non-DOT Specification portable tanks and closed 
bulk bins are authorized.
    (d) IBCs. IBCs are authorized subject to the conditions and 
limitations of this section provided the IBC type is authorized 
according to the IBC packaging code specified for the specific 
hazardous material in Column (7) of the Sec. 172.101 Table of this 
subchapter and the IBC conforms to the requirements in part 178 of this 
subchapter at the Packing Group performance level as specified in 
Column (5) of the Sec. 172.101 Table of this subchapter for the 
material being transported.
    (1) IBCs may not be used for the following hazardous materials:
    (i) Packing Group I liquids; and
    (ii) Packing Group I solids that may become liquid during 
transportation.
    (2) The following IBCs may not be used for Packing Group II and III 
solids that may become liquid during transportation:
    (i) Wooden: 11C, 11D and 11;
    (ii) Fiberboard: 11G;
    (iii) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 
13L4, 13M1 and 13M2; and
    (iv) Composite: 11HZ2 and 21HZ2.
    38. In Sec. 173.241, paragraphs (c) and (d) would be revised to 
read as follows:


Sec. 173.241  Bulk packagings for certain low hazard liquid and solid 
materials.

* * * * *
    (c) Portable tanks. DOT Specification 51, 56, 57 and 60 portable 
tanks; IMO type 1, 2 and 5, and IM 101 and IM 102 portable tanks; UN 
portable tanks; marine portable tanks conforming to 46 CFR part 64; and 
non-DOT Specification portable tanks suitable for transport of liquids 
are authorized.
    (d) IBCs. IBCs are authorized subject to the conditions and 
limitations of this section provided the IBC type is authorized 
according to the IBC packaging code specified for the specific 
hazardous material in Column (7) of the Sec. 172.101 Table of this 
subchapter and the IBC conforms to the requirements in part 178 of this 
subchapter at the Packing Group performance level as specified in 
Column (5) of the Sec. 172.101 Table for the material being 
transported.
    (1) IBCs may not be used for the following hazardous materials:
    (i) Packing Group I liquids; and
    (ii) Packing Group I solids that may become liquid during 
transportation.
    (2) The following IBCs may not be used for Packing Group II and III 
solids that may become liquid during transportation:
    (i) Wooden: 11C, 11D and 11F;
    (ii) Fiberboard: 11G;
    (iii) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 
13L4, 13M1 and 13M2; and
    (iv) Composite: 11HZ2 and 21HZ2.
    39. In Sec. 173.242, paragraphs (c) introductory text and (d) would 
be revised to read as follows:


Sec. 173.242  Bulk packagings for certain medium hazard liquids and 
solids, including solids with dual hazards.

* * * * *
    (c) Portable tanks. DOT Specification 51, 56, 57 and 60 portable 
tanks; Specification IM and UN portable tanks when a T Code is 
specified in Column (7) of the Sec. 172.101 Hazardous Materials Table 
for a specific hazardous material; and marine portable tanks conforming 
to 46 CFR part 64 are authorized. DOT Specification 57 portable tanks 
used for the transport by vessel of Class 3, Packaging Group II 
materials must conform to the following:
* * * * *
    (d) IBCs. IBCs are authorized subject to the conditions and 
limitations of this section provided the IBC type is authorized 
according to the IBC packaging code specified for the specific 
hazardous material in Column (7) of the Sec. 172.101 Table of this 
subchapter and the IBC conforms to the requirements in part 178 of this 
subchapter at the Packing Group performance level as specified in 
Column (5) of the Sec. 172.101 Table of this subchapter for the 
material being transported.
    (1) IBCs may not be used for the following hazardous materials:
    (i) Packing Group I liquids; and
    (ii) Packing Group I solids that may become liquid during 
transportation.
    (2) The following IBCs may not be used for Packing Group II and III 
solids that may become liquid during transportation:
    (i) Wooden: 11C, 11D and 11F;
    (ii) Fiberboard: 11G;
    (iii) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 
13L4, 13M1 and 13M2; and
    (iv) Composite: 11HZ2 and 21HZ2.
* * * * *
    40. In Sec. 173.243, paragraphs (c) and (d) would be revised to 
read as follows:


Sec. 173.243  Bulk packaging for certain high hazard liquids and dual 
hazard materials which pose a moderate hazard.

* * * * *
    (c) Portable tanks. DOT Specification 51 and 60 portable tanks; UN 
portable tanks when a T code is specified in Column (7) of the 
Sec. 172.101 Table of this subchapter for a specific hazardous 
material; and marine portable tanks conforming to 46 CFR part 64 with 
design pressure of at least 172.4 kPa (25 psig) are authorized.
    (d) IBCs. IBCs are authorized subject to the conditions and 
limitations of this section provided the IBC type is authorized 
according to the IBC packaging code specified for the specific 
hazardous material in Column (7) of the Sec. 172.101 Table of this 
subchapter and the IBC conforms to the requirements in part 178 of this 
subchapter at the Packing Group performance level as specified in 
Column (5) of the Sec. 172.101 Table of this subchapter for the 
material being transported.
    (1) IBCs may not be used for the following hazardous materials:
    (i) Packing Group I liquids; and
    (ii) Packing Group I solids that may become liquid during 
transportation.
    (2) The following IBCs may not be used for Packing Group II and III 
solids that may become liquid during transportation:
    (i) Wooden: 11C, 11D and 11F;
    (ii) Fiberboard: 11G;
    (iii) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 
13L4, 13M1 and 13M2, and
    (iv) Composite: 11HZ2 and 21HZ2.
* * * * *
    41. In Sec. 173.247, paragraph (c) would be revised to read as 
follows:


Sec. 173.247  Bulk packaging for certain elevated temperature materials 
(Class 9) and certain flammable elevated temperature materials (Class 
3).

* * * * *
    (c) Portable tanks. DOT Specification 51, 56, 57 and 60 portable 
tanks; IM 101, 102 portable tanks; UN portable tanks; marine portable 
tanks conforming to 46 CFR part 64; metal IBCs and non-

[[Page 63418]]

specification portable tanks equivalent in structural design and 
accident damage resistance to specification packagings are authorized.
* * * * *
    42. In Sec. 173.306, paragraph (a)(4)(iii) would be revised to read 
as follows:


Sec. 173.306  Limited quantities of compressed gases.

    (a) * * *
    (4) * * *
    (iii) Non-pressurized gases, flammable must be packed in 
hermetically-sealed glass or metal inner packagings of not more than 5 
L (1.3 gallons) overpacked in a strong outer packaging.
* * * * *
    43. In Sec. 173.315, the text of paragraph (a) preceding the table 
and paragraphs (i)(1)((iii), (i)(3), (i)(4) and (i)(8) would be revised 
and paragraph (i)(7) would be removed and reserved to read as follows:


Sec. 173.315  Compressed gases in cargo tanks and portable tanks.

    (a) Liquefied compressed gases that are transported in UN portable 
tanks must be loaded and offered for transportation in accordance with 
tank provision T50 in Sec. 172.102 of this subchapter. A liquefied 
compressed gas offered for transportation in a cargo tank motor vehicle 
or a portable tank must be prepared in accordance with this section, 
Sec. 173.32, Sec. 173.33 and subpart E or subpart G of part 180 of this 
subchapter; for cryogenic liquids, also see Sec. 173.326 and 
Sec. 173.328. Except for UN portable tanks, a liquefied compressed gas 
must be loaded and offered for transportation in accordance with the 
following table:
* * * * *
    (i) * * *
    (1) * * *
    (iii) For an insulated tank, the required relieving capacity of the 
relief valves must be the same as for an uninsulated tank, unless the 
insulation will remain in place and will be effective under fire 
conditions. In this case, except for UN portable tanks, each insulated 
tank must be covered by a sheet metal jacket of not less than 16 gauge 
thickness. For UN portable tanks where the relieving capacity of the 
valves has been reduced on the basis of the insulation system, the 
insulation system must remain effective at all temperatures less than 
649  deg.C (1200.2  deg.F) and be jacketed with a material having a 
melting point of 700  deg.C (1292.0  deg.F) or greater.
* * * * *
    (3) Each safety relief valve on a portable tank, other than a UN 
portable tank, must be set to start-to-discharge at pressure no higher 
than 110% of the tank design pressure and no lower than the design 
pressure specified in paragraph (a) of this section for the gas 
transported. For UN portable tanks used for liquefied compressed gases 
and constructed in accordance with the requirements of Sec. 178.276 of 
this subchapter, the pressure relief device(s) must conform to 
Sec. 178.276(e) of this subchapter.
    (4) Except for UN portable tanks, each safety relief valve must be 
plainly and permanently marked with the pressure in p.s.i.g. at which 
it is set to discharge, with the actual rate of discharge of the device 
in cubic feet per minute of the gas or of air at 60  deg.F (15.6 
deg.C) and 14.7 p.s.i.a., and with the manufacturer's name or trade 
name and catalog number. The start-to-discharge valve must be visible 
after the valve is installed. The rated discharge capacity of the 
device must be determined at a pressure of 120% of the design pressure 
of the tank. For UN portable tanks, each pressure relief device must be 
clearly and permanently marked as specified in Sec. 178.274(f)(1) of 
this subchapter.
* * * * *
    (8) Each safety relief valve outlet must be provided with a 
protective device to prevent the entrance and accumulation of dirt and 
water. This device must not impede flow through the valve. Pressure 
relief devices must be designed to prevent the entry of foreign matter, 
the leakage of liquid and the development of any dangerous excess 
pressure.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

    44. The authority citation for Part 175 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    45. In Sec. 175.10, paragraphs (a)(10) and (a)(16) would be 
revised, and paragraph (a)(17) would be added to read as follows:


Sec. 175.10  Exceptions.

    (a) * * *
    (10) Safety matches or a lighter intended for use by an individual 
when carried on one's person. However, lighters containing unabsorbed 
liquid fuel (other than liquefied gas), lighter fuel, and lighter 
refills are not permitted on one's person or in checked or carry-on 
baggage.
* * * * *
    (16) Perfumes and colognes, purchased through duty-free sales, 
carried by passengers or crew in carry-on baggage.
    (17) Alcoholic beverages containing--
    (i) Not more than 24% alcohol by volume; or
    (ii) More than 24% and not more than 70% alcohol by volume when in 
retail packagings not exceeding 5 liters (1.3 gallons) carried by a 
crewmember or passenger in checked or carry-on baggage, with a total 
net quantity per person of 5 liters (1.3 gallons) for such beverages.
* * * * *
    46. In Sec. 175.33, paragraph (a) introductory text would be 
revised to read as follows:


Sec. 175.33  Notification of pilot-in-command.

    (a) Except as provided in Sec. 175.10, when a hazardous material 
subject to the provisions of this subchapter is carried in an aircraft, 
the operator of the aircraft must provide the pilot-in-command with 
accurate and legible written information as early as practicable before 
departure of the aircraft, which specifies at least the following:
* * * * *
    47. Section 175.78 would be revised to read as follows:


Sec. 175.78  Stowage compatibility of cargo.

    (a) For stowage on an aircraft, in a cargo facility, or in any 
other area at an airport designated for the stowage of hazardous 
materials, packages containing hazardous materials which might react 
dangerously with one another may not be placed next to each other or in 
a position that would allow a dangerous interaction in the event of 
leakage.
    (b) As a minimum, the segregation instructions prescribed in the 
following Segregation Table must be followed to maintain acceptable 
segregation between packages containing hazardous materials with 
different hazards. The Segregation Table instructions in paragraph (c) 
of this section apply whether or not the class or division is the 
primary or subsidiary risk. The Segregation Table follows:

[[Page 63419]]



                                                                    Segregation Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Class or division
                  Hazard label                   -------------------------------------------------------------------------------------------------------
                                                       1            2            3           4.2          4.3          5.1          5.2           8
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................................      Note 1       Note 2       Note 2       Note 2       Note 2       Note 2       Note 2       Note 2
1...............................................      Note 2   ...........  ...........  ...........  ...........  ...........  ...........  ...........
2...............................................      Note 2   ...........  ...........  ...........  ...........  ...........  ...........  ...........
3...............................................      Note 2   ...........  ...........  ...........  ...........           X   ...........  ...........
4.2.............................................      Note 2   ...........  ...........  ...........  ...........           X   ...........  ...........
4.3.............................................      Note 2   ...........  ...........  ...........  ...........           X   ...........           X
5.1.............................................      Note 2   ...........           X            X   ...........  ...........  ...........  ...........
5.2.............................................      Note 2   ...........  ...........  ...........  ...........  ...........  ...........  ...........
8...............................................      Note 2   ...........  ...........  ...........           X   ...........  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (c) Instructions for using the Segregation Table are as follows:
    (1) The dots at the intersection of a row and column indicate that 
no restrictions apply.
    (2) The letter ``X'' at the intersection of a row and column 
indicates that packages containing these classes of hazardous materials 
may not be stowed next to or in contact with each other, or in a 
position which would allow interaction in the event of leakage of the 
contents.
    (3) Note 1. ``Note 1'' at the intersection of a row and column 
means the following:
    (i) For explosives in compatibility groups A through K and N--
    (A) Packages bearing the same compatibility group letter and the 
same division number may be stowed together.
    (B) Explosives of the same compatibility group, but different 
divisions may be stowed together provided the whole shipment is treated 
as belonging to the division having the smaller number. However, when 
explosives of Division 1.5 Compatibility Group D are stowed together 
with explosives of Division 1.2 Compatibility Group D, the whole 
shipment must be treated as Division 1.1, Compatibility Group D.
    (C) Packages bearing different compatibility group letters may not 
be stowed , whether or not they belong to the same division, except as 
provided in paragraphs (c)(3)(ii) and (iii) of this section.
    (ii) Explosives in Compatibility Group L may not be stowed with 
explosives in other compatibility groups. They may only be stowed with 
the same type of explosives in Compatibility Group L.
    (iii) Explosives of Division 1.4, Compatibility Group S, may be 
stowed with explosives of all compatibility groups except for 
Compatibility Groups A and L.
    (iv) Other than explosives of Division 1.4, Compatibility Group S 
(see paragraph (c)(3)(iii) of this section), and Compatibility Groups 
C, D and E that may be stowed together, explosives that do not belong 
in the same compatibility group may not be stowed together.
    (A) Any combination of substances in Compatibility Groups C and D 
must be assigned to the most appropriate compatibility group shown in 
the Sec. 172.101 Hazardous Materials Table.
    (B) Explosives in Compatibility Group N may be stowed together with 
explosives in Compatibility Groups C, D and E when the combination is 
assigned Compatibility Group D.
    (4) Note 2. ``Note 2'' at the intersection of a row and column 
means that other than explosives of Division 1.4, Compatibility Group 
S, explosives may not be stowed together with that class.
    (5) Packages containing hazardous materials with multiple hazards 
in the class or divisions, which require segregation in accordance with 
the Segregation Table need not be segregated from other packages 
bearing the same UN number.
    (6) A package labeled ``BLASTING AGENT'' may not be stowed next to 
or in a position that will allow contact with a package of special 
fireworks or railway torpedoes.
    48. In Sec. 175.85 paragraph (a) would be revised to read as 
follows:


Sec. 175.85  Cargo location.

    (a) Except as provided in Sec. 175.10, no person may carry a 
hazardous material subject to the requirements of this subchapter in 
the cabin of a passenger-carrying aircraft or on the flight deck of any 
aircraft. Hazardous materials may be carried in a main deck cargo 
compartment of a passenger aircraft provided that the compartment is 
inaccessible to passengers and that it meets all certification 
requirements for a Class B aircraft cargo compartment in 14 CFR 
25.857(b) or for a Class C aircraft cargo compartment in 14 CFR 
25.857(c).
* * * * *

PART 176--CARRIAGE BY VESSEL

    49. The authority citation for part 176 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    50. In Sec. 176.2, the following definition would be added in 
appropriate alphabetical order to read as follows:


Sec. 176.2  Definitions.

* * * * *
    INF cargo means packaged irradiated nuclear fuel, plutonium or 
high-level radioactive wastes as those terms are defined in the 
``International Code for the Safe Carriage of Packaged Irradiated 
Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board 
Ships'' (incorporated by reference, see Sec. 171.7 of this subchapter).
* * * * *
    51. In Sec. 176.63, a new paragraph (e) would be added to read as 
follows:


Sec. 176.63  Stowage locations.

* * * * *
    (e) Closed cargo transport unit, for the purpose of stowage of 
Class 1 (explosive) materials on board a vessel, means a clean, 
substantial, weatherproof box structure which can be secured to the 
ship's structure and includes a closed freight container, a closed 
vehicle, a closed rail wagon or a portable magazine. When this stowage 
is specified, stowage in small compartments such as deckhouses and mast 
lockers or oversized weatherproof packages (overpacks) are acceptable 
alternatives. The floor of any closed cargo transport unit or 
compartment shall be constructed of wood, close boarded or arranged so 
that goods are stowed on sparred gratings, wooden pallets or dunnage. 
Provided that the necessary additional specifications are met, a closed 
cargo transport unit may be used for Class 1 (explosive) magazine 
stowage type ``A,'' ``B'' or ``C,'' but not as a portable magazine.
    52. In Sec. 176.84, in paragraph (b) Table of provisions, the 
entries ``4'' and ``5''

[[Page 63420]]

would be revised, paragraph (c)(1) would be revised, in paragraph 
(c)(2), the List of Notes would be revised and paragraph (c)(3) would 
be removed to read as follows:


Sec. 176.84   Other requirements for stowage and segregation for cargo 
vessels and passenger vessels.

* * * * *
    (b) Table of provisions: 

------------------------------------------------------------------------
                   Code                              Provisions
------------------------------------------------------------------------
                  *        *        *        *        *
4.........................................  Stow ``Separated from''
                                             liquid organic materials.
5.........................................  Stow ``Separated from''
                                             powdered metals and their
                                             compounds.
                  *        *        *        *        *
------------------------------------------------------------------------

    (c) * * *
    (1) Explosive substances and explosive articles must be stowed in 
accordance with Column (10A) and Columm (10B) of the Sec. 172.101 Table 
of this subchapter.

------------------------------------------------------------------------
                 Notes                              Provisions
------------------------------------------------------------------------
5E.....................................  Stow ``away from'' lead and its
                                          compounds.
7E.....................................  Stowage category ``04'' for
                                          projectiles or cartridges for
                                          guns, cannons or mortars;
                                          Stowage category ``08'' for
                                          other types.
8E.....................................  When under deck, special
                                          stowage is required.
14E....................................  On deck, cargo transport unit
                                          must be steel.
15E....................................  On deck, cargo transport unit
                                          must be leakproof.
17E....................................  On deck stowage is recommended.
19E....................................  Substances which contain
                                          ammonium nitrate or other
                                          ammonium salts must be stowed
                                          ``away from'' Explosive,
                                          blasting, type C, UN0083.
20E....................................  Stowage category ``03'' for
                                          projectiles or cartridges for
                                          guns, cannons or mortars;
                                          Stowage category ``07'' for
                                          other types; magazines must be
                                          of steel construction that
                                          prevents leakage.
21E....................................  Cargo space ventilation must be
                                          carefully controlled to avoid
                                          excessive condensation.
22E....................................  May not be stowed together with
                                          explosive substances
                                          containing ammonium nitrate or
                                          other ammonium salts.
                                          Segregate from other Class 1
                                          (explosive) materials in the
                                          same manner as is required for
                                          flammable liquids.
23E....................................  Stowage category ``13'' and,
                                          for on deck stowage, non-
                                          metallic lining of closed
                                          cargo transport unit is
                                          required when not in
                                          effectively sealed, sift-proof
                                          packages; Stowage category
                                          ``10'' permitted when in
                                          effectively sealed, sift-proof
                                          packages.
26E....................................  For closed cargo transport
                                          unit, a non-metallic lining is
                                          required.
27E....................................  Stow away from alkaline
                                          compounds.
------------------------------------------------------------------------

Sec. 176.128  [Amended]

    53. In Sec. 176.128, in paragraph (c), the word ``UN 0600'' would 
be revised to read ``UN 0060''.


Sec. 176.136  [Amended]

    54. In Sec. 176.136, in paragraph (e), the word ``portable'' would 
be removed.
    55. In Sec. 176.142, paragraph (a) would be revised to read as 
follows:


Sec. 176.142  Hazardous materials of extreme flammability.

    (a) Except as allowed by paragraph (b) of this section, certain 
hazardous materials of extreme flammability may not be transported in a 
vessel carrying Class 1 (explosive) materials. This prohibition applies 
to the following liquid hazardous materials:

Carbon disulfide: UN1131, Class 3
Diethylzinc: UN1366, Division 4.2
Dimethylzinc: UN1370, Division 4.2
Magnesium alkyls: UN3053, Division 4.2
Methyl phosphorous dichloride: NA2845, Division 6.1
Nickel carbonyl: UN1259, Division 6.1
Pyrophoric liquid, inorganic, n.o.s.: UN3194, Division 4.2
Pyrophoric liquids, organic, n.o.s.: UN2845, Division 4.2
Pyrophoric organometallic compound, water-reactive, n.o.s.: UN3203, 
Division 4.2
* * * * *
    56. A new section Sec. 176.720 would be added to subpart M to read 
as follows:


Sec. 176.720  Requirements for carriage of INF cargo in international 
transportation.

    (a) A vessel carrying INF cargo in international transportation 
must meet the requirements of the INF Code (incorporated by reference, 
see Sec. 171.7 of this subchapter) in addition to all other applicable 
requirements of this subchapter.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

    57. The authority citation for part 177 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    58. In Sec. 177.848, paragraph (g)(3)(vi) would be revised to read 
as follows:


Sec. 177.848  Segregation of hazardous materials.

* * * * *
    (g) * * *
    (3) * * *
    (vi) ``6'' means explosive articles in compatibility group G, other 
than fireworks and those requiring special handling, may be loaded, 
transported and stored with articles of compatibility groups C, D and 
E, provided no explosive substances are carried in the same vehicle.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

    59. The authority citation for part 178 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    60. A new section Sec. 178.273 would be added to subpart H to read 
as follows:


Sec. 178.273  Approval of Specification IM portable tanks and UN 
portable tanks.

    (a) Application for approval. (1) An owner or manufacturer of a 
portable tank shall apply for approval to a designated approval agency 
authorized to approve the portable tank in accordance with the 
procedures in subpart E, part 107 of this subchapter.
    (2) Each application for approval must contain the following 
information:
    (i) Three complete copies of all engineering drawings, 
calculations, and

[[Page 63421]]

test data necessary to ensure that the design meets the relevant 
specification.
    (ii) The manufacturer's serial number that will be assigned to each 
portable tank.
    (iii) A statement as to whether the design type has been examined 
by any approval agency previously and judged unacceptable. Affirmative 
statements must be documented with the name of the approval agency, 
reason for nonacceptance, and the nature of modifications made to the 
design type.
    (b) Action by approval agency. The approval agency shall perform 
the following activities:
    (1) Review the application for approval to determine whether it is 
complete and conforms with the requirements of paragraph (a) of this 
section. If an application is incomplete, it will be returned to the 
applicant and the applicant will be informed in what respects the 
application is incomplete.
    (2) Review all drawings and calculations to ensure that the design 
is in compliance with all requirements of the relevant specification. 
If the application is approved, one set of the approved drawings, 
calculations, and test data shall be returned to the applicant. The 
second and third (inspector's copy) sets of approved drawings, 
calculations, and test data shall be retained by the approval agency. 
Maintain drawings and approval records for as long as the portable tank 
remains in service. The drawings and records must be provided to DOT 
upon request.
    (3) Witness all tests required for the approval of the portable 
tank specified in Sec. 178.273 and part 180, subpart G, of this 
subchapter.
    (4) Ensure, through appropriate inspection that each portable tank 
is fabricated in all respects in conformance with the approved 
drawings, calculations, and test data.
    (5) Determine and ensure that the portable tank is suitable for its 
intended use and that it conforms to the requirements of this 
subchapter.
    (6) For UN portable tanks intended for liquefied compressed gases 
and Division 6.1 liquids which meet the inhalation toxicity criteria 
(Zone A or B) as defined in Sec. 173.132 of this subchapter, or that 
are designated as toxic by inhalation materials in the Sec. 172.101 
Table of this subchapter, the approval agency must ensure that:
    (i) The portable tank has been constructed in accordance with the 
ASME Code, Section VIII, Division 1 (incorporated by reference, see 
Sec. 171.7 of this subchapter). ASME Code, Section VIII, Division II or 
other design code may be used if approved by the Associate 
Administrator (see Sec. 178.274(b)(1));
    (ii) All applicable provisions of the design and construction have 
been met to the satisfaction of the designated approval agency in 
accordance with the rules established in the ASME Code and that the 
portable tank meets the requirements of the ASME Code or other design 
code if approved by the Associate Administrator (see 
Sec. 178.274(b)(1)), and all the applicable requirements specified in 
this subchapter;
    (iii) The authorized inspector has carried out all the inspections 
specified by the rules established in the ASME Code; and
    (iv) The portable tank is marked with a U stamp code symbol under 
the authority of an authorized independent inspector.
    (7) For UN portable tanks the approval certificate must also 
include the following:
    (i) The results of the applicable framework and rail impact test 
specified in part 180, subpart G, of this subchapter; and
    (ii) The results of the initial inspection and test in Sec. 180.605 
of this subchapter.
    (8) Upon successful completion of all requirements of this subpart, 
the approval agency shall:
    (i) Apply its name, identifying mark or identifying number, and the 
date upon which the approval was issued, to the metal identification 
marking plate attached to the portable tank. Any approvals for UN 
portable tanks authorizing design or construction alternatives 
(Alternate Arrangements) approved by the Associate Administrator (see 
Sec. 178.274(a)(2)) must be indicated on the plate as specified in 
Sec. 178.274(i).
    (ii) Issue an approval certificate for each portable tank or, in 
the case of a series of identical portable tanks manufactured to a 
single design type, for each series of portable tanks. The approval 
certificate must include all the information required to be displayed 
on the required metal identification plate required by Sec. 178.270-14 
for IM portable tanks, Sec. 178.245-6 for specification 51 steel 
portable tanks, or Sec. 178.274(i) for UN portable tanks. The approval 
certificate must attest that the approval agency designated to approve 
the portable tank has approved the portable tank in accordance with the 
procedures in subpart E, part 107 of this subchapter and that the 
portable tank is suitable for its intended purpose and meets the 
requirements of this subchapter. When a series of portable tanks is 
manufactured without change in the design type, the certificate may be 
valid for the entire series of portable tanks representing a single 
design type. For UN portable tanks, the certificate must refer to the 
prototype test report, the hazardous materials or group of hazardous 
materials allowed to be transported, the materials of construction of 
the shell and lining (when applicable) and an approval number. The 
approval number must consist of the distinguishing sign or mark of the 
country (``USA'' for the United States of America) where the approval 
was granted and a registration number.
    (iii) Retain a copy of each approval certificate.
    (9) The approval agency must remain independent from the 
manufacturer. The approval agency and the authorized inspector may be 
the same entity.
    (c) Manufacturers' responsibilities. The manufacturer is 
responsible for compliance with the applicable specifications for the 
design and construction of portable tanks. In addition to 
responsibility for compliance, manufacturers are responsible for 
ensuring that the contracted approval agency and authorized inspector, 
if applicable, are qualified, reputable and competent. The manufacturer 
of a portable tank must:
    (1) Comply with all the applicable requirements of the ASME Code 
(incorporated by reference, see Sec. 171.7 of this subchapter) and of 
this subpart including, but not limited to, ensuring that the quality 
control, design calculations and required tests are performed and that 
all aspects of the portable tank meet the applicable requirements.
    (2) Obtain and use a designated approval agency, if applicable, and 
obtain and use a DOT-designated approval agency to approve the design, 
construction and certification of the portable tank.
    (3) Provide a statement in the manufacturers' data report attesting 
that each portable tank that is manufactured complies with the relevant 
specification and all the applicable requirements of this subchapter.
    (4) Maintain records of the qualification of portable tanks for at 
least 5 years and provide copies to the approval agency and the owner 
of the tank. Provide records to the U.S. DOT upon request.
    (d) Denial of application for approval. If an approval agency finds 
that a portable tank cannot be approved for any reason, it shall so 
notify the applicant in writing and shall provide the applicant with 
the reasons for which the approval is denied. A copy of the

[[Page 63422]]

notification letter shall be provided to the Associate Administrator. 
An applicant aggrieved by a decision of an approval agency may appeal 
the decision in writing within 90 days of receipt to the Associate 
Administrator.
    (e) Modifications to approved portable tanks. (1) Prior to 
modification of any approved portable tank which may affect conformance 
of an IM or UN portable tank, which may involve a change to the design 
type or which may affect its ability to retain the hazardous material 
in transportation, the person desiring to make such modification shall 
inform the approval agency that issued the initial approval of the 
portable tank (or if unavailable another approval agency) of the nature 
of the modification and request approval of the modification. The owner 
or manufacturer shall supply the approval agency with three sets of all 
revised drawings, calculations, and test data relative to the intended 
modification.
    (2) A statement as to whether the intended modification has been 
examined by any approval agency previously judged unacceptable. An 
affirmative statement must be documented with the name of the approving 
agency, the reason for nonacceptance, and the nature of changes made to 
the modification since its original rejection.
    (3) The approval agency shall review the request for modification, 
and if it is determined that the proposed modification is in full 
compliance with the relevant DOT specification, including a UN portable 
tank, the request shall be approved and the approval agency shall 
perform the following activities:
    (i) Return one set of the approved revised drawings, calculations, 
and test data to the applicant. The second and third sets of the 
approved revised drawings, calculations, and data shall be retained by 
the approval agency as required in Sec. 107.404(a)(3) of this 
subchapter.
    (ii) Ensure through appropriate inspection that all modifications 
conform to the revised drawings, calculations, and test data.
    (iii) Determine the extent to which retesting of the modified tank 
is necessary based on the nature of the proposed modification, and 
ensure that all required retests are satisfactorily performed.
    (iv) If modification to an approved tank alters any information on 
the approval certificate, issue a new approval certificate for the 
modified tank and ensure that any necessary changes are made to the 
metal identification plate. A copy of each newly issued approval 
certificate shall be retained by the approval agency and by the owner 
of each portable tank.
    (4) If it determined that the proposed modification is not in 
compliance with the relevant DOT specification, the request shall be 
denied. The procedures of paragraph (d) of this section apply to such 
denial.
    (f) Termination of Approval Certificate. (1) The Associate 
Administrator may terminate an approval issued under this section if he 
determines that:
    (i) Information upon which the approval was based is fraudulent or 
substantially erroneous; or
    (ii) Termination of the approval is necessary to adequately protect 
against risks to life and property; or
    (iii) The approval was not issued by the approval agency in good 
faith; or
    (iv) That the portable tank does not meet the specification.
    (2) Before an approval is withdrawn, the Associate Administrator 
gives the interested party(ies):
    (i) Written notice of the facts or conduct believed to warrant the 
withdrawal;
    (ii) Opportunity to submit oral and written evidence; and
    (iii) Opportunity to demonstrate or achieve compliance with the 
application requirement.
    (3) If the Associate Administrator determines that a certificate of 
approval must be withdrawn to preclude a significant and imminent 
adverse affect on public safety, he shall withdraw the certificate of 
approval issued by a designated approval agency. In such circumstances, 
the procedures of paragraphs (f)(2) (ii) and (iii) of this section need 
not be provided prior to withdrawal of the approval, but shall be 
provided as soon as practicable thereafter.
    61. Section 178.274 would be added to subpart H to read as follows:


Sec. 178.274  Specifications for UN portable tanks.

    (a) General. (1) Each UN portable tank must meet the requirements 
of this section. In addition to the requirements of this section, 
requirements specific to UN portable tanks used for liquid and solid 
hazardous materials, liquefied compressed gases and refrigerated 
liquefied gases are provided in Secs. 178.275, 178.276 and 178.277, 
respectively. Requirements for approval, maintenance, inspection, 
testing and use are provided in Sec. 178.273 and part 180, subpart G, 
of this subchapter. Any portable tank which meets the definition of a 
``container'' within the terms of the International Convention for Safe 
Containers (CSC) must meet the requirements of the CSC as amended and 
49 CFR parts 450 through 453 and must have a CSC safety approval plate.
    (2) In recognition of scientific and technological advances, the 
technical requirements applicable to UN portable tanks may be varied if 
approved by the Associate Administrator and the portable tank is shown 
to provide a level of safety equal to or exceeding the requirements of 
this subchapter with respect to the compatibility of the transported 
hazardous materials and the ability of the portable tank to withstand 
impact, loading and fire conditions. Portable tanks approved to 
alternative technical requirements must be marked ``Alternative 
Arrangement'' as specified in paragraph (i) of this section.
    (3) Definitions. The following definitions apply for the purposes 
of design and construction of UN portable tanks under this subpart:
    Alternate Arrangement portable tank means a UN portable tank that 
has been approved to alternative technical requirements or testing 
methods other than those specified for UN portable tanks in part 178 or 
part 180 of this subchapter.
    Approval agency means the designated approval agency authorized to 
approve the portable tank in accordance with the procedures in subpart 
E, part 107 of this subchapter.
    Design pressure is defined differently depending on the hazardous 
materials intended to be transported in the portable tank. See 
Secs. 178.275, 178.276 and 178.277 as applicable.
    Design type means a portable tank or series of portable tanks made 
of materials of the same material specifications and thicknesses, 
manufactured by a single manufacturer, using the same fabrication 
techniques (for example, welding procedures) and made with equivalent 
structural equipment, closures, and service equipment.
    Fine grain steel means steel which has a ferritic grain size of 6 
or finer when determined in accordance with ASTM E 112 (incorporated by 
reference, see Sec. 171.7 of this subchapter).
    Jacket means the outer insulation cover or cladding which may be 
part of the insulation system.
    Leakage test means a test using gas to subject the shell and its 
service equipment to an effective internal pressure of not less than 
25% of the MAWP. For portable tanks used for refrigerated liquefied 
gases the leakage test must be conducted at an effective internal 
pressure of not less than 90% of the MAWP.

[[Page 63423]]

    Maximum allowable working pressure (MAWP) is defined differently 
depending on the hazardous materials intended to be transported in the 
portable tank. See Secs. 178.275, 178.276 and 178.277, as applicable.
    Maximum permissible gross mass (MPGM) means the sum of the tare 
mass of the portable tank and the heaviest hazardous material 
authorized for transportation.
    Mild steel means a steel with a guaranteed minimum tensile strength 
of 360 N/mm2 to 440 N/mm2 and a guaranteed minimum elongation at 
fracture as specified in paragraph Sec. 178.274(c)(11).
    Offshore portable tank means a portable tank specially designed for 
repeated use in the transportation of hazardous materials to, from and 
between offshore facilities. An offshore portable tank is designed and 
constructed in accordance with the Guidelines for the Approval of 
Containers Handled in Open Seas specified in the IMDG Code 
(incorporated by reference, see Sec. 171.7 of this subchapter).
    Reference steel means a steel with a tensile strength of 370 N/
mm2 and an elongation at fracture of 27%.
    Service equipment means measuring instruments and filling, 
discharge, venting, safety, heating, cooling and insulating devices.
    Shell means the part of the portable tank which retains the 
hazardous materials intended for transportation, including openings and 
their closures, but does not include service equipment or external 
structural equipment.
    Structural equipment means the reinforcing, fastening, protective 
and stabilizing members external to the shell.
    Test pressure means the maximum gauge pressure at the top of the 
shell during the hydraulic pressure test equal to not less than 1.5 
times the design pressure for liquids and 1.3 for liquefied compressed 
gases. The minimum test pressure for portable tanks intended for 
specific hazardous materials is specified in the applicable portable 
tank T code assigned to a particular hazardous material in the 
Sec. 172.101 Table of this subchapter.
    (b) General design and construction requirements. (1) The design 
temperature range for the shell must be -40  deg.C to 50  deg.C (-40 
deg.F to 122  deg.F) for hazardous materials transported under normal 
conditions of transportation, except for portable tanks used for 
refrigerated liquefied gases where the minimum design temperature must 
not be higher than the lowest (coldest) temperature (for example, 
service temperature) of the contents during filling, discharge or 
transportation. For hazardous materials handled under elevated 
temperature conditions, the design temperature must not be less than 
the maximum temperature of the hazardous material during filling, 
discharge or transportation. More severe design temperatures must be 
considered for portable tanks subjected to severe climatic conditions 
(for example, portable tanks transported in arctic regions). Shells 
must be designed and constructed in accordance with the requirements of 
the ASME Code, Section VIII, Division 1 (incorporated by reference, see 
Sec. 171.7 of this subchapter), except as limited or modified in this 
subchapter. For portable tanks used for liquid or solid hazardous 
materials, a design code other than the ASME Code may be used if 
approved by the Associate Administrator. Portable tanks used for 
liquified compressed gases require an ASME certification and U stamp. 
Shells must be made of metallic materials suitable for forming. Non-
metallic materials may be used for the attachments and supports between 
the shell and jacket, provided their material properties at the minimum 
and maximum design temperatures are proven to be sufficient. For welded 
shells, only a material whose weldability has been fully demonstrated 
may be used. Welds must be of high quality and conform to a level of 
integrity at least equivalent to the welding requirements specified in 
the ASME Code, Section VIII for the welding of pressure vessels. When 
the manufacturing process or the materials make it necessary, the 
shells must be suitably heat-treated to guarantee adequate toughness in 
the weld and in the heat affected zones. In choosing the material, the 
design temperature range must be taken into account with respect to 
risk of brittle fracture, stress corrosion cracking, resistance to 
impact, and suitability for the hazardous materials intended for 
transportation in the portable tank. When fine grain steel is used, the 
guaranteed value of the yield strength must be not more than 460 N/
mm2 and the guaranteed value of the upper limit of the tensile 
strength must be not more than 725 N/mm2 according to the material 
specification. Aluminum may not be used as a construction material for 
the shell. Portable tank materials must be suitable for the external 
environment where they will be transported taking into account the 
determined design temperature range. Portable tanks must be designed to 
withstand, without loss of contents, at least the internal pressure due 
to the contents and the static, dynamic and thermal loads during normal 
conditions of handling and transportation. The design must take into 
account the effects of fatigue, caused by repeated application of these 
loads through the expected life of the portable tank.
    (2) Portable tank shells, fittings, and pipework must be 
constructed from materials that are:
    (i) Compatible with the hazardous materials intended to be 
transported; or
    (ii) Properly passivated or neutralized by chemical reaction, if 
applicable; or
    (iii) For portable tanks used for liquid and solid materials, lined 
with corrosion-resistant material directly bonded to the shell or 
attached by equivalent means.
    (3) Gaskets and seals must be made of materials that are compatible 
with the hazardous materials intended to be transported.
    (4) When shells are lined, the lining must be compatible with the 
hazardous materials intended to be transported, homogeneous, non-
porous, free from perforations, sufficiently elastic and compatible 
with the thermal expansion characteristics of the shell. The lining of 
every shell, shell fittings and piping must be continuous and must 
extend around the face of any flange. Where external fittings are 
welded to the tank, the lining must be continuous through the fitting 
and around the face of external flanges. Joints and seams in the lining 
must be made by fusing the material together or by other equally 
effective means.
    (5) Contact between dissimilar metals which could result in damage 
by galvanic action must be prevented by appropriate measures.
    (6) The construction materials of the portable tank, including any 
devices, gaskets, linings and accessories, must not adversely affect or 
react with the hazardous materials intended to be transported in the 
portable tank.
    (7) Portable tanks must be designed and constructed with supports 
that provide a secure base during transportation and with suitable 
lifting and tie-down attachments.
    (c) Design criteria. (1) Portable tanks and their fastenings must, 
under the maximum permissible load, be capable of absorbing the 
following separately applied static forces (for calculation purposes, 
acceleration due to gravity (g) = 9.81m/s2):
    (i) In the direction of travel: 2g (twice the MPGM multiplied by 
the acceleration due to gravity);
    (ii) Horizontally at right angles to the direction of travel: 1g 
(the MPGM

[[Page 63424]]

multiplied by the acceleration due to gravity);
    (iii) Vertically upwards: 1g (the MPGM multiplied by the 
acceleration due to gravity); and
    (iv) Vertically downwards: 2g (twice the MPGM multiplied by the 
acceleration due to gravity).
    (2) Under each of the forces specified in paragraph (c)(1) of this 
section, the safety factor must be as follows:
    (i) For metals having a clearly defined yield point, a design 
margin of 1.5 in relation to the guaranteed yield strength; or
    (ii) For metals with no clearly defined yield point, a design 
margin of 1.5 in relation to the guaranteed 0.2% proof strength and, 
for austenitic steels, the 1% proof strength.
    (3) The values of yield strength or proof strength must be the 
values according to recognized material standards. When austenitic 
steels are used, the specified minimum values of yield strength or 
proof strength according to the material standards may be increased by 
up to 15% when these greater values are attested in the material 
inspection certificate.
    (4) Portable tanks must be capable of being electrically grounded 
to prevent dangerous electrostatic discharge when they are used for 
Class 2 flammable gases or Class 3 flammable liquids, including 
elevated temperature materials transported at or above their flash 
point.
    (5) For shells of portable tanks used for liquefied compressed 
gases, the shell must consist of a circular cross section. Shells must 
be of a design capable of being stress-analysed mathematically or 
experimentally by resistance strain gauges as specified in UG-101 of 
the ASME Code (incorporated by reference, see Sec. 171.7 of this 
subchapter), or other methods approved by the Associate Administrator.
    (6) Shells must be designed and constructed to withstand a 
hydraulic test pressure of not less than 1.5 times the design pressure 
for portable tanks used for liquids and 1.3 times the design pressure 
for portable tanks used for liquefied compressed gases. Specific 
requirements are provided for each hazardous material in the applicable 
T Code or portable tank special provision specified in the Sec. 172.101 
Table of this subchapter. The minimum shell thickness requirements must 
also be taken into account.
    (7) For metals exhibiting a clearly defined yield point or 
characterized by a guaranteed proof strength (0.2% proof strength, 
generally, or 1% proof strength for austenitic steels), the primary 
membrane stress (sigma) in the shell must not exceed 0.75 Re or 0.50 
Rm, whichever is lower, at the test pressure, where:

Re = yield strength in N/mm2, or 0.2% proof strength or, for 
austenitic steels, 1% proof strength;
Rm = minimum tensile strength in N/mm2.

    (8) The values of Re and Rm to be used must be the specified 
minimum values according to recognized material standards. When 
austenitic steels are used, the specified minimum values for Re and Rm 
according to the material standards may be increased by up to 15% when 
greater values are attested in the material inspection certificate.
    (9) Steels which have a Re/Rm ratio of more than 0.85 are not 
allowed for the construction of welded shells. The values of Re and Rm 
to be used in determining this ratio must be the values specified in 
the material inspection certificate.
    (10) Steels used in the construction of shells must have an 
elongation at fracture, in percentage, of not less than 10,000/Rm with 
an absolute minimum of 16% for fine grain steels and 20% for other 
steels.
    (11) For the purpose of determining actual values for materials for 
sheet metal, the axis of the tensile test specimen must be at right 
angles (transversely) to the direction of rolling. The permanent 
elongation at fracture must be measured on test specimens of 
rectangular cross sections in accordance with ISO 6892 (see Sec. 171.7 
of this subchapter), using a 50 mm gauge length.
    (d) Minimum shell thickness. (1) The minimum shell thickness must 
be the greatest thickness of the following:
    (i) the minimum thickness determined in accordance with the 
requirements of paragraphs (d)(2) through (d)(10) of this section;
    (ii) the minimum thickness determined in accordance with the ASME 
Code (incorporated by reference, see Sec. 171.7 of this subchapter) or 
other approved pressure vessel code; or
    (iii) the minimum thickness specified in the applicable T code or 
portable tank special provision indicated for each hazardous material 
in the Sec. 172.101 Table of this subchapter.
    (2) Shells (cylindrical portions, heads and manhole covers) not 
more than 1.80 m in diameter may not be less than 5 mm thick in the 
reference steel or of equivalent thickness in the metal to be used. 
Shells more than 1.80 m in diameter may not be less than 6 mm thick in 
the reference steel or of equivalent thickness in the metal to be used. 
For portable tanks used only for the transportation of powdered or 
granular solid hazardous materials of Packing Group II or III, the 
minimum thickness requirement may be reduced to 5 mm in the reference 
steel or of equivalent thickness in the metal to be used regardless of 
the shell diameter. For vacuum-insulated tanks, the aggregate thickness 
of the jacket and the shell must correspond to the minimum thickness 
prescribed in this paragraph, with the thickness of the shell itself 
not less than the minimum thickness prescribed in paragraph (d)(3) of 
this section.
    (3) When additional protection against shell damage is provided in 
the case of portable tanks used for liquid and solid hazardous 
materials requiring test pressures less than 2.65 bar (265.0 kPa), 
subject to certain limitations specified in the UN Recommendations 
(incorporated by reference, see Sec. 171.7 of this subchapter), the 
Associate Administrator may approve a reduced minimum shell thickness.
    (4) The cylindrical portions, heads and manhole covers of all 
shells must not be less than 3 mm (0.1 inch) thick regardless of the 
material of construction, except for portable tanks used for liquefied 
compressed gases where the cylindrical portions, ends (heads) and 
manhole covers of all shells must not be less than 4 mm (0.2 inch) 
thick regardless of the material of construction.
    (5) When steel that has characteristics other than that of 
reference steel is used, the equivalent thickness of the shell and 
heads must be determined according to the following formula:

Where:
[GRAPHIC] [TIFF OMITTED] TP23OC00.006

      e1 = required equivalent thickness (in mm) of the 
metal to be used;
      e0 = minimum thickness (in mm) of the reference 
steel specified in the applicable T code or portable tank special 
provision indicated for each material in the Sec. 172.101 Table of 
this subchapter;
      d1 = 1.8m, unless the formula is used to determine 
the equivalent minimum thickness for a portable tank shell that is 
required to have a minimum thickness of 8mm or 10mm according to the 
applicable T code indicated in the Sec. 172.101 Table of this 
subchapter. When reference steel thicknesses of 8mm or 10mm are 
specified, d1 is equal to the actual diameter of the 
shell but not less than 1.8m;
      Rm1 = guaranteed minimum tensile strength (in N/
mm2) of the metal to be used;
      A1 = guaranteed minimum elongation at fracture (in 
%) of the metal to be used

[[Page 63425]]

according to recognized material standards.

    (6) The wall and all parts of the shell may not have a thickness 
less than that prescribed in paragraphs (d)(2), (d)(3) and (d)(4) of 
this section. This thickness must be exclusive of any corrosion 
allowance.
    (7) There must be no sudden change of plate thickness at the 
attachment of the heads to the cylindrical portion of the shell.
    (e) Service equipment. (1) Service equipment must be arranged so 
that it is protected against the risk of mechanical damage by external 
forces during handling and transportation. When the connections between 
the frame and the shell allow relative movement between the sub-
assemblies, the equipment must be fastened to allow such movement 
without risk of damage to working parts. The external discharge 
fittings (pipe sockets, shut-off devices) and the internal stop-valve 
and its seating must be protected against mechanical damage by external 
forces (for example, by using shear sections). The filling and 
discharge devices (including flanges or threaded plugs) and any 
protective caps must be capable of being secured against unintended 
opening.
    (2) Each connection to a portable tank must be clearly marked to 
indicate its function.
    (3) Each stop-valve or other means of closure must be designed and 
constructed to a rated pressure not less than the MAWP of the shell 
taking into account the temperatures expected during transport. All 
stop-valves with screwed spindles must close by a clockwise motion of 
the handwheel. For other stop-valves the position (open and closed) and 
direction of closure must be clearly indicated. All stop-valves must be 
designed to prevent unintentional opening.
    (4) Piping must be designed, constructed and installed to avoid the 
risk of damage due to thermal expansion and contraction, mechanical 
shock and vibration. All piping must be of a suitable metallic 
material. Welded pipe joints must be used wherever possible.
    (5) Joints in copper tubing must be brazed or have an equally 
strong metal union. The melting point of brazing materials must be no 
lower than 525  deg.C (977  deg.F). The joints must not decrease the 
strength of the tubing, such as may happen when cutting threads.
    (6) The burst pressure of all piping and pipe fittings must be 
greater than the highest of four times the MAWP of the shell or four 
times the pressure to which it may be subjected in service by the 
action of a pump or other device (except pressure relief devices).
    (7) External fittings must be grouped together. Filling and 
discharge connections may be installed below the normal liquid level of 
the tank if the tank design conforms to the following requirements:
    (i) The portable tank must be permanently mounted in a full 
framework for containerized transport. For each portable tank design, a 
prototype portable tank, must fulfill the requirements of parts 450 
through 453 of this title for compliance with the requirements of Annex 
II of the International Convention for Safe Containers.
    (ii) Each filling and discharge connection must be equipped with an 
internal self-closing stop-valve capable of closing within 30 seconds 
of actuation. Each internal self-closing stop-valve must be protected 
by a shear section or sacrificial device located outboard of the valve. 
The shear section or sacrificial device must break at no more than 70 
percent of the load that would cause failure of the internal self-
closing stop-valve.
    (iii) Each internal self-closing stop-valve must be provided with 
remote means of automatic closure, both thermal and mechanical. The 
thermal means of automatic closure must actuate at a temperature of not 
over 121  deg.C (250  deg.F).
    (8) Ductile metals must be used in the construction of valves and 
accessories.
    (f) Pressure relief devices.--(1) Marking of pressure relief 
devices. Every pressure relief device must be clearly and permanently 
marked with the following:
    (i) the pressure (in bar or kPa) or temperature for fusible 
elements (in  deg.C) at which it is set to discharge;
    (ii) the allowable tolerance at the discharge pressure for 
reclosing devices;
    (iii) the reference temperature corresponding to the rated pressure 
for frangible discs;
    (iv) the allowable temperature tolerance for fusible elements;
    (v) the rated flow capacity of the device in standard cubic meters 
of air per second (m3/s) determined according to ISO 4126-1 
(incorporated by reference, see Sec. 171.7 of this subchapter); and
    (vi) when practicable, the device must show the manufacturer's name 
and product number.
    (2) Connections to pressure relief devices. Connections to pressure 
relief devices must be of sufficient size to enable the required 
discharge to pass unrestricted to the safety device. No stop-valve may 
be installed between the shell and the pressure relief devices except 
where duplicate devices are provided for maintenance or other reasons 
and the stop-valves serving the devices actually in use are locked open 
or the stop-valves are interlocked so that at least one of the 
duplicate devices is always in use. There must be no obstruction in an 
opening leading to a vent or pressure relief device which might 
restrict or cut-off the flow from the shell to that device. Vents or 
pipes from the pressure relief device outlets, when used, must deliver 
the relieved vapor or liquid to the atmosphere in conditions of minimum 
back-pressure on the relieving devices.
    (3) Location of pressure relief devices. (i) Each pressure relief 
device inlet must be situated on top of the shell in a position as near 
the longitudinal and transverse center of the shell as reasonably 
practicable. All pressure relief device inlets must, under maximum 
filling conditions, be situated in the vapor space of the shell and the 
devices must be so arranged as to ensure that escaping vapor is 
discharged unrestrictedly. For flammable hazardous materials, the 
escaping vapor must be directed away from the shell in such a manner 
that it cannot impinge upon the shell. For refrigerated liquefied 
gases, the escaping vapor must be directed away from the tank and in 
such a manner that it cannot impinge upon the tank. Protective devices 
which deflect the flow of vapor are permissible provided the required 
relief-device capacity is not reduced.
    (ii) Arrangements must be made to prevent unauthorized persons from 
access to the pressure relief devices and to protect the devices from 
damage caused by the portable tank overturning.
    (g) Gauging devices. Unless a portable tank is intended to be 
filled by weight, it must be equipped with one or more gauging devices. 
Glass level-gauges and gauges made of other fragile material, which are 
in direct communication with the contents of the tank are prohibited. A 
connection for a vacuum gauge must be provided in the jacket of a 
vacuum-insulated portable tank.
    (h) Portable tank supports, frameworks, lifting and tie-down 
attachments. (1) Portable tanks must be designed and constructed with a 
support structure to provide a secure base during transport. The forces 
and safety factors specified in paragraphs (c)(1) and (c)(2) of this 
section, respectively, must be taken into account in this aspect of the 
design. Skids, frameworks, cradles or other similar structures are 
acceptable.
    (2) The combined stresses caused by portable tank mountings (for 
example,

[[Page 63426]]

cradles, framework, etc.) and portable tank lifting and tie-down 
attachments must not cause excessive stress in any portion of the 
shell. Permanent lifting and tie-down attachments must be fitted to all 
portable tanks. Preferably they should be fitted to the portable tank 
supports but may be secured to reinforcing plates located on the shell 
at the points of support. Each portable tank must be designed so that 
the center of gravity of the filled tank is approximately centered 
within the points of attachment for lifting devices.
    (3) In the design of supports and frameworks, the effects of 
environmental corrosion must be taken into account.
    (4) Forklift pockets must be capable of being closed off. The means 
of closing forklift pockets must be a permanent part of the framework 
or permanently attached to the framework. Single compartment portable 
tanks with a length less than 3.65 m need not have forklift pockets 
that are capable of being closed off provided that:
    (i) The shell, including all the fittings, are well protected from 
being hit by the forklift blades; and
    (ii) The distance between forklift pockets (measured from the 
center of each pocket) is at least half of the maximum length of the 
portable tank.
    (5) During transport, portable tanks must be adequately protected 
against damage to the shell, and service equipment resulting from 
lateral and longitudinal impact and overturning on the shell and 
service equipment must be constructed to withstand impact or 
overturning. External fittings must be protected so as to preclude the 
release of the shell contents upon impact or overturning of the 
portable tank on its fittings. Examples of protection include:
    (i) Protection against lateral impact which may consist of 
longitudinal bars protecting the shell on both sides at the level of 
the median line;
    (ii) Protection of the portable tank against overturning which may 
consist of reinforcement rings or bars fixed across the frame;
    (iii) Protection against rear impact which may consist of a bumper 
or frame;
    (iv) Protection of the shell against damage from impact or 
overturning by use of an ISO frame in accordance with ISO 1496-3 
(incorporated by reference, see Sec. 171.7 of this subchapter); and
    (v) Protection of the portable tank from impact or overturning by a 
vacuum insulation jacket.
    (i) Marking. (1) Every portable tank must be fitted with a 
corrosion resistant metal plate permanently attached to the portable 
tank in a conspicuous place and readily accessible for inspection. When 
the plate cannot be permanently attached to the shell, the shell must 
be marked with at least the information required by the ASME Code 
(incorporated by reference, see Sec. 171.7 of this subchapter). At a 
minimum, the following information must be marked on the plate by 
stamping or by any other similar method:

Country of manufacture

UN
Approval Country
Approval Number
Alternative Arrangements ``AA'' (see Sec. 178.274(a)(2))
    Manufacturer's name or mark
    Manufacturer's serial number
    Approval Agency (Authorized body for the design approval)
    Owner's registration number
    Year of manufacture
    Pressure vessel code to which the shell is designed
    Test pressure __________ bar gauge.
    MAWP __________ bar gauge.
    External design pressure (not required for portable tanks used 
for refrigerated liquefied gases) __________ bar/gauge.
    Design temperature range __________  deg.C to __________  deg.C. 
(For portable tanks used for refrigerated liquefied gases, the 
minimum design temperature must be marked.)
    Water capacity at 20  deg.C/ __________ liters.
    Water capacity of each compartment at 20  deg.C __________ 
liters.
    Initial pressure test date and witness identification.
    MAWP for heating/cooling system __________ bar gauge.
    Shell material(s) and material standard reference(s).
    Equivalent thickness in reference steel __________ mm.
    Lining material (when applicable).
    Date and type of most recent periodic test(s).
    Month __________ Year __________ Test pressure __________ bar/
gauge.
    Stamp of approval agency that performed or witnessed the most 
recent test.
    For portable tanks used for refrigerated liquefied gases:
    Either ``thermally insulated'' or ``vacuum insulated'' 
__________.
    Effectiveness of the insulation system (heat influx) __________ 
Watts (W).
    Reference holding time __________ days or hours and initial 
pressure __________ bar/kPa gauge and degree of filling __________ 
in kg for each refrigerated liquefied gas permitted for 
transportation.

    (2) The following information must be marked either on the portable 
tank itself or on a metal plate firmly secured to the portable tank:

    Name of the operator.
    Name of hazardous materials being transported and maximum mean 
bulk temperature (except for refrigerated liquefied gases, the name 
and temperature are only required when the maximum mean bulk 
temperature is higher than 50  deg.C).
    Maximum permissible gross mass (MPGM) __________ kg.
    Unladen (tare) mass __________ kg.


    Note to Paragraph (i)(2): For the identification of the 
hazardous materials being transported refer to part 172 of this 
subchapter.

    (3) If a portable tank is designed and approved for open seas 
operations, such as offshore oil exploration, in accordance with the 
IMDG Code, the words ``OFFSHORE PORTABLE TANK'' must be marked on the 
identification plate.
    62. Section 178.275 would be added to subpart H to read as follows:


Sec. 178.275  Specification for UN Portable Tanks intended for the 
transportation of liquid and solid hazardous materials.

    (a) In addition to the requirements of Sec. 178.274, the following 
definitions and requirements apply to UN portable tanks intended for 
the transportation of liquid and solid hazardous materials:
    (1) Design pressure means the pressure to be used in calculations 
required by the recognized pressure vessel code. The design pressure 
must not be less than the highest of the following pressures:
    (i) The maximum effective gauge pressure allowed in the shell 
during filling or discharge; or
    (ii) The sum of:
    (A) The absolute vapor pressure (in bar) of the hazardous material 
at 65  deg.C, minus 1 bar (149  deg.F, minus 100 kPa);
    (B) The partial pressure (in bar) of air or other gases in the 
ullage space, resulting from their compression during filling without 
pressure relief by a maximum ullage temperature of 65  deg.C (149 
deg.F) and a liquid expansion due to an increase in mean bulk 
temperature of 35  deg.C (95  deg.F); and
    (C) A head pressure determined on the basis of the forces specified 
in Sec. 178.274(c), but not less than 0.35 bar (35 kPa).
    (2) Maximum allowable working pressure (MAWP) means a pressure that 
must not be less than the highest of the following pressures measured 
at the top of the shell while in operating position:
    (i) The maximum effective gauge pressure allowed in the shell 
during filling or discharge; or
    (ii) The maximum effective gauge pressure to which the shell is 
designed which must be not less than the design pressure.
    (b) Service equipment. (1) In addition to the requirements 
specified in Sec. 178.274, for service equipment, all openings in the 
shell, intended for filling or discharging the portable tank must be 
fitted with a manually operated stop-valve located as close to the 
shell

[[Page 63427]]

as reasonably practicable. Other openings, except for openings leading 
to venting or pressure relief devices, must be equipped with either a 
stop-valve or another suitable means of closure located as close to the 
shell as reasonably practicable.
    (2) All portable tanks must be fitted with a manhole or other 
inspection openings of a suitable size to allow for internal inspection 
and adequate access for maintenance and repair of the interior. 
Compartmented portable tanks must have a manhole or other inspection 
openings for each compartment.
    (3) For insulated portable tanks, top fittings must be surrounded 
by a spill collection reservoir with suitable drains.
    (4) Piping must be designed, constructed and installed to avoid the 
risk of damage due to thermal expansion and contraction, mechanical 
shock and vibration. All piping must be of a suitable metallic 
material. Welded pipe joints must be used wherever possible.
    (c) Bottom openings. (1) Certain hazardous materials may not be 
transported in portable tanks with bottom openings. When the applicable 
T code or portable tank special provision, as referenced for materials 
in the Sec. 172.101 Table of this subchapter, specifies that bottom 
openings are prohibited, there must be no openings below the liquid 
level of the shell when it is filled to its maximum permissible filling 
limit. When an existing opening is closed, it must be accomplished by 
internally and externally welding one plate to the shell.
    (2) Bottom discharge outlets for portable tanks carrying certain 
solid, crystallizable or highly viscous hazardous materials must be 
equipped with at least two serially fitted and mutually independent 
shut-off devices. Use of only two shut-off devices is only authorized 
when this paragraph is referenced in the applicable T Code indicated 
for each hazardous material in the Sec. 172.101 Table of this 
subchapter. The design of the equipment must be to the satisfaction of 
the approval agency and must include:
    (i) An external stop-valve fitted as close to the shell as 
reasonably practicable; and
    (ii) A liquid tight closure at the end of the discharge pipe, which 
may be a bolted blank flange or a screw cap.
    (3) Except as provided in paragraph (c)(2) of this section, every 
bottom discharge outlet must be equipped with three serially fitted and 
mutually independent shut-off devices. The design of the equipment must 
be to the satisfaction of the approval agency and must include:
    (i) A self-closing internal stop-valve, which is a stop-valve 
within the shell or within a welded flange or its companion flange, 
such that:
    (A) The control devices for the operation of the valve are designed 
to prevent any unintended opening through impact or other inadvertent 
act;
    (B) The valve is operable from above or below;
    (C) If possible, the setting of the valve (open or closed) must be 
capable of being verified from the ground;
    (D) Except for portable tanks having a capacity less than 1,000 
liters (264.2 gallons), it must be possible to close the valve from an 
accessible position of the portable tank that is remote from the valve 
itself; and
    (E) The valve must continue to be effective in the event of damage 
to the external device for controlling the operation of the valve;
    (ii) An external stop-valve fitted as close to the shell as 
reasonably practicable; and
    (iii) A liquid tight closure at the end of the discharge pipe, 
which may be a bolted blank flange or a screw cap.
    (4) For a lined shell, the internal stop-valve required by 
paragraph (c)(3)(i) of this section may be replaced by an additional 
external stop-valve.
    (d) Pressure relief devices. All portable tanks must be fitted with 
at least one pressure relief device. All relief devices must be 
designed, constructed and marked in accordance with the requirements of 
this subchapter.
    (e) Vacuum-relief devices. (1) A shell which is to be equipped with 
a vacuum-relief device must be designed to withstand, without permanent 
deformation, an external pressure of not less than 0.21 bar (21.0 kPa) 
above the internal pressure. The vacuum-relief device must be set to 
relieve at a vacuum setting not greater than minus (-) 0.21 bar (-21.0 
kPa) unless the shell is designed for a higher external over pressure, 
in which case the vacuum-relief pressure of the device to be fitted 
must not be greater than the tank design vacuum pressure. A shell that 
is not fitted with a vacuum-relief device must be designed to 
withstand, without permanent deformation, an external pressure of not 
less than 0.4 bar (40.0 kPa) above the internal pressure.
    (2) Vacuum-relief devices used on portable tanks intended for the 
transportation of hazardous materials meeting the criteria of Class 3, 
including elevated temperature hazardous materials transported at or 
above their flash point, must prevent the immediate passage of flame 
into the shell or the portable tank must have a shell capable of 
withstanding, without leakage, an internal explosion resulting from the 
passage of flame into the shell.
    (f) Pressure relief devices. (1) Each portable tank with a capacity 
not less than 1,900 liters (501.9 gallons) and every independent 
compartment of a portable tank with a similar capacity, must be 
provided with one or more pressure relief devices of the reclosing 
type. Such portable tanks may, in addition, have a frangible disc or 
fusible element in parallel with the reclosing devices, except when the 
applicable T code assigned to a hazardous material requires that the 
frangible disc precede the pressure relief device, according to 
paragraph (f)(3) of this section, or when no bottom openings are 
allowed. The pressure relief devices must have sufficient capacity to 
prevent rupture of the shell due to over pressurization or vacuum 
resulting from filling, discharging, from heating of the contents or 
fire.
    (2) Pressure relief devices must be designed to prevent the entry 
of foreign matter, the leakage of liquid and the development of any 
dangerous excess pressure.
    (3) When required for certain hazardous materials by the applicable 
T code or portable tank special provision specified for a hazardous 
material in the Sec. 172.101 Table of this subchapter, portable tanks 
must have a pressure relief device consistent with the requirements of 
this subchapter. Except for a portable tank in dedicated service that 
is fitted with an approved relief device constructed of materials 
compatible with the hazardous material, the relief device system must 
include a frangible disc preceding a reclosing pressure relief device. 
A pressure gauge or suitable tell-tale indicator for the detection of 
disc rupture, pin-holing or leakage must provide the space between the 
frangible disc and the pressure relief device. The frangible disc must 
rupture at a nominal pressure 10% above the start to discharge pressure 
of the relief device.
    (4) Every portable tank with a capacity less than 1,900 liters 
(501.9 gallons) must be fitted with a pressure relief device, which may 
be a frangible disc when this disc is set to rupture at a nominal 
pressure equal to the test pressure at any temperature within the 
design temperature range.
    (5) When the shell is fitted for pressure discharge, a suitable 
pressure relief device must provide the inlet line to the portable tank 
set to operate at a pressure not higher than the MAWP of the shell, and 
a stop-valve must be fitted as close to the shell to minimize the 
potential for damage.

[[Page 63428]]

    (6) Setting of pressure relief devices. (i) Pressure relief devices 
must operate only in conditions of excessive rise in temperature, since 
the shell must not be subject to undue fluctuations of pressure during 
normal conditions of transportation.
    (ii) The required pressure relief device must be set to start-to-
discharge at a nominal pressure of five-sixths of the test pressure for 
shells having a test pressure of not more than 4.5 bar (450 kPa) and 
110% of two-thirds of the test pressure for shells having a test 
pressure of more than 4.5 bar (450 kPa). A self-closing relief device 
must close at a pressure not more than 10% below the pressure at which 
the discharge starts. The device must remain closed at all lower 
pressures. This requirement does not prevent the use of vacuum-relief 
or combination pressure relief and vacuum-relief devices.
    (g) Fusible elements. Fusible elements must operate at a 
temperature between 110  deg.C (230  deg.F) and 149  deg.C (300.2 
deg.F) provided that the pressure in the shell at the fusing 
temperature will not exceed the test pressure. They must be placed at 
the top of the shell with their inlets in the vapor space and in no 
case may they be shielded from external heat. Fusible elements must not 
be utilized on portable tanks with a test pressure which exceeds 2.65 
bar (265.0 kPa). Fusible elements used on portable tanks intended for 
the transport of elevated temperature hazardous materials must be 
designed to operate at a temperature higher than the maximum 
temperature that will be experienced during transport and must be to 
the satisfaction of the approval agency.
    (h) Capacity of pressure relief devices. (1) The reclosing pressure 
relief device required by paragraph (f)(1) must have a minimum cross 
sectional flow area equivalent to an orifice of 31.75 mm (1.3 inches) 
diameter. Vacuum-relief devices, when used, must have a cross sectional 
flow area not less than 284 mm2 (11.2 inches2).
    (2) Under conditions of complete fire engulfment of the portable 
tank, the combined delivery capacity of the relief devices must be 
sufficient to limit the pressure in the shell to 20% above the start-
to-discharge pressure specified in paragraph(f)(6) of this section. 
Emergency pressure relief devices may be used to achieve the full 
relief capacity prescribed. The total required capacity of the relief 
devices may be determined using the formula in paragraph (h)(2)(i) of 
this section or the table in paragraph (h)(2)(iii) of this section.
    (i)(A) To determine the total required capacity of the relief 
devices, which must be regarded as being the sum of the individual 
capacities of all the contributing devices, the following formula must 
be used:
[GRAPHIC] [TIFF OMITTED] TP23OC00.007

Where:
    Q = minimum required rate of discharge in cubic meters of air 
per second (m3/s) at standard conditions: 1 bar and 0 
deg.C (273 K);
    F = for uninsulated shells: 1; for insulated shells: U(649 - t)/
13.6 but in no case is less than 0.25 where: U = thermal conductance 
of the insulation in 
kWm-2K-1, at 38  deg.C; 
and t = actual temperature of the hazardous material during filling 
(in  deg.C) or when this temperature is unknown, let t = 15  deg.C. 
The value of F given above for insulated shells may only be used if 
the insulation is in conformance with paragraph (h)(2)(iv) of this 
section;
    A = total external surface area of shell in square meters;
    Z = the gas compressibility factor in the accumulating condition 
(when this factor is unknown, let Z equal 1.0);
    T = absolute temperature in Kelvin ( deg.C + 273) above the 
pressure relief devices in the accumulating condition;
    L = the latent heat of vaporization of the liquid, in kJ/kg, in 
the accumulating condition;
    M = molecular weight of the hazardous material.

    (B) The constant C, as shown in the formula in paragraph 
(h)(2)(i)(A) of this section, is derived from one of the following 
formula as a function of the ratio k of specific heats:
[GRAPHIC] [TIFF OMITTED] TP23OC00.008

Where:
    cp is the specific heat at constant pressure; and
    cv is the specific heat at constant volume.

    (C) When k>1:
    [GRAPHIC] [TIFF OMITTED] TP23OC00.009
    
    (D) When k = 1 or k is unknown, a value of 0.607 may be used for 
the constant C. C may also be taken from the following table:

                         C Constant Value Table
------------------------------------------------------------------------
    k            C           k           C           k           C
------------------------------------------------------------------------
1.00           0.607      1.26         0.660      1.52         0.704
1.02           0.611      1.28         0.664      1.54         0.707
1.04           0.615      1.30         0.667      1.56         0.710
1.06           0.620      1.32         0.671      1.58         0.713
1.08           0.624      1.34         0.674      1.60         0.716
1.10           0.628      1.36         0.678      1.62         0.719
1.12           0.633      1.38         0.681      1.64         0.722
1.14           0.637      1.40         0.685      1.66         0.725
1.16           0.641      1.42         0.688      1.68         0.728
1.18           0.645      1.44         0.691      1.70         0.731
1.20           0.649      1.46         0.695      2.00         0.770
1.22           0.652      1.48         0.698      2.20         0.793
1.24           0.656      1.50         0.701      .......
------------------------------------------------------------------------

    (ii) As an alternative to the formula in paragraph (h)(2)(i) of 
this section, relief devices for shells used for transporting liquids 
may be sized in accordance with the table in paragraph (h)(2)(iii) of 
this section. The table in paragraph (h)(2)(iii) of this section 
assumes an insulation value of F = 1 and must be adjusted accordingly 
when the shell is insulated. Other values used in determining the table 
in paragraph (h)(2)(iii) of this section are: L = 334.94 kJ/kg; M = 
86.7; T = 394 K; Z = 1; and C = 0.607.
    (iii) Minimum emergency vent capacity, Q, in cubic meters per air 
per second at 1 bar and 0  deg.C (273 K), as shown in the following 
table:

[[Page 63429]]



                     Minimum Emergency Vent Capacity
                               [Q Values]
------------------------------------------------------------------------
                                                  Q                 Q
                                                (Cubic     A      (Cubic
                                                meters  Exposed   meters
       A Exposed area  (square meters)          of air    area    of air
                                                 per    (square    per
                                               second)  meters)  second)
------------------------------------------------------------------------
2                                                0.230     37.5    2.539
3                                                0.320       40    2.677
4                                                0.405     42.5    2.814
5                                                0.487       45    2.949
6                                                0.565     47.5    3.082
7                                                0.641       50    3.215
8                                                0.715     52.5    3.346
9                                                0.788       55    3.476
10                                               0.859     57.5    3.605
12                                               0.998       60    3.733
14                                               1.132     62.5    3.860
16                                               1.263       65    3.987
18                                               1.391     67.5    4.112
20                                               1.517       70    4.236
22.5                                             1.670       75    4.483
25                                               1.821       80    4.726
27.5                                             1.969       85    4.967
30                                               2.115       90    5.206
32.5                                             2.258       95    5.442
35                                               2.400      100    5.676
------------------------------------------------------------------------

    (iv) Insulation systems, used for the purpose of reducing venting 
capacity, must be approved by the approval agency. In all cases, 
insulation systems approved for this purpose must:
    (A) Remain effective at all temperatures up to 649  deg.C (1200.2 
deg.F); and
    (B) Be jacketed with a material having a melting point of 700 
deg.C (1292  deg.F) or greater.
    (i) Approval, inspection and testing. Approval procedures for UN 
portable tanks are specified in Sec. 178.273. Inspection and testing 
requirements are specified in Sec. 180.605 of this subchapter.
    63. Section 178.276 would be added to subpart H to read as follows:


Sec. 178.276  Requirements for the design, construction, inspection and 
testing of portable tanks intended for the transportation of liquefied 
compressed gases.

    (a) In addition to the requirements of Sec. 178.274 applicable to 
UN portable tanks, the following requirements apply to UN portable 
tanks used for liquefied compressed gases. In addition to the 
definitions in Sec. 178.274, the following definitions apply:
    Design pressure means the pressure to be used in calculations 
required by the ASME Code (incorporated by reference, see Sec. 171.7 of 
this subchapter). The design pressure must be not less than the highest 
of the following pressures:
    (i) The maximum effective gauge pressure allowed in the shell 
during filling or discharge; or
    (ii) The sum of:
    (A) The maximum effective gauge pressure to which the shell is 
designed as defined in this paragraph under ``MAWP''; and
    (B) A head pressure determined on the basis of the dynamic forces 
specified in paragraph (h) of this section, but not less than 0.35 bar 
(35 kPa).

    Note to Paragraph (a)(1):  For the purpose of this section, the 
term ``design pressure'' as used in this specification is identical 
to the term ``maximum allowable working pressure'' as used in the 
ASME Code, Section VIII.

    (2) Design reference temperature means the temperature at which the 
vapor pressure of the contents is determined for the purpose of 
calculating the MAWP. The value for each portable tank type is as 
follows:
    (i) Shell with a diameter of 1.5 meters or less: 65  deg.C; or
    (ii) Shell with a diameter of more than 1.5 meters:
    (A) Without insulation or sun shield: 60  deg.C;
    (B) With sun shield: 55  deg.C; and
    (C) With insulation: 50  deg.C.
    (3) Filling density means the average mass of liquefied compressed 
gas per liter of shell capacity (kg/l).
    (4) Maximum allowable working pressure (MAWP) means a pressure that 
must be not less than the highest of the following pressures measured 
at the top of the shell while in operating position, but in no case 
less than 7 bar (700 kPa):
    (i) The maximum effective gauge pressure allowed in the shell 
during filling or discharge; or
    (ii) The maximum effective gauge pressure to which the shell is 
designed, which must be:
    (A) Not less than the pressure specified for each liquefied 
compressed gas listed in portable tank special provision T50; and
    (B) Not less than the sum of:
    (1) The absolute vapor pressure (in bar) of the liquefied 
compressed gas at the design reference temperature minus 1 bar; and
    (2) The partial pressure (in bar) of air or other gases in the 
ullage space which is determined by the design reference temperature 
and the liquid phase expansion due to the increase of the mean bulk 
temperature of tr-tf (tf = filling 
temperature, usually 15  deg.C, tr = 50  deg.C maximum mean 
bulk temperature);
    (b) General design and construction requirements. (1) Tanks must be 
of seamless or welded steel construction, or combination of both, and 
have a water capacity greater than 450 liters (118.9 gallons). Tanks 
must be designed, constructed, certified and stamped in accordance with 
the ASME Code, Section VIII (incorporated by reference, see Sec. 171.7 
of this subchapter).
    (2) Portable tanks must be postweld heat-treated and radiographed 
as prescribed in the ASME Code, except that each portable tank 
constructed in accordance with part UHT of the ASME Code must be 
postweld heat-treated. Where postweld heat treatment is required, the 
portable tank must be treated as a unit after completion of all the 
welds in and/or to the shell and heads. The method must be as 
prescribed in the ASME Code. Welded attachments to pads may be made 
after postweld heat treatment is made. A portable tank used for 
anhydrous ammonia must be postweld heat-treated. The postweld heat 
treatment must be as prescribed in the ASME Code, but in no event at 
less than 1050  deg.F tank metal temperature. Additionally, portable 
tanks constructed in accordance with part UHT of the ASME Code must 
conform to the following requirements:
    (i) Welding procedure and welder performance tests must be made 
annually in accordance with section IX of the ASME Code. In addition to 
the essential variables named therein, the following must be considered 
to be essential variables: number of passes, thickness of plate, heat 
input per pass, and manufacturer's identification of rod and flux. The 
number of passes, thickness of plate and heat input per pass may not 
vary more than 25 percent from the procedure qualification. Records of 
the qualification must be retained for at least 5 years by the tank 
manufacturer and made available to duly identified representatives of 
the Department of Transportation or the owner of the tank.
    (ii) Impact tests must be made on a lot basis. A lot is defined as 
100 tons or less of the same heat and having a thickness variation no 
greater than plus or minus 25 percent. The minimum impact required for 
full-sized specimens shall be 20 foot-pounds (or 10 foot-pounds for 
half-sized specimens) at 0 deg. F Charpy V-Notch in both the 
longitudinal and transverse direction. If the lot test does not pass 
this requirement, individual plates may be accepted if they 
individually meet this impact requirement.
    (3) Welding procedures and welder performance tests must be made 
annually in accordance with Section IX of the ASME Code. In addition to 
the essential variables named therein, the following must be considered 
to be essential variables: number of passes, thickness of plate, heat 
input per pass, and manufacturer's identification of rod and flux. The 
number of passes,

[[Page 63430]]

thickness of plate and heat input per pass may not vary more than 25% 
from the procedure qualification. Records of the qualification must be 
retained for at least 5 years by the portable tank manufacturer and 
made available to the approval agency and the owner of the tank as 
specified in Sec. 178.273.
    (4) Impact tests must be made on a lot basis. A lot is defined as 
100 tons or less of raw material of the same heat and having a 
thickness variation no greater than plus or minus 25%. The minimum 
impact required for full-sized specimens must be 20 foot-pounds (or 10 
foot-pounds for half-sized specimens) at 0 deg. F Charpy V-Notch in 
both the longitudinal and transverse direction. If the lot test does 
not pass this requirement, individual plates may be accepted if they 
individually meet this impact requirement.
    (5) When the shells intended for the transportation of liquefied 
compressed gases are equipped with thermal insulation, a device must be 
provided to prevent any dangerous pressure from developing in the 
insulating layer in the event of a leak, when the protective covering 
is so closed as to be gas-tight. The thermal insulation must not 
inhibit access to the fittings and discharge devices. In addition, the 
thermal insulation systems must satisfy the following requirements:
    (i) Consist of a shield covering not less than the upper third, but 
not more than the upper half of the surface of the shell, and separated 
from the shell by an air space of approximately 40 mm across; or
    (ii) Consist of a complete cladding of insulating materials. The 
insulation must be of adequate thickness and constructed to prevent the 
ingress of moisture and damage to the insulation. The insulation and 
cladding must have a thermal conductance of not more than 0.67 
(Wm-2K-1) under normal 
conditions of transportation.
    (c) Service equipment. (1) All openings with a diameter of more 
than 1.5 mm (.1 inch) in shells of portable tanks, except openings for 
pressure-relief devices, inspection openings and closed bleed holes, 
must be fitted with at least three mutually independent shut-off 
devices in series: the first being an internal stop-valve, excess flow 
valve, integral excess flow valve, or excess flow feature device (see 
Sec. 178.337-1(g)), the second being an external stop-valve and the 
third being a blank flange or equivalent device.
    (2) When a portable tank is fitted with an excess flow valve, the 
excess flow valve must be so fitted that its seating is inside the 
shell or inside a welded flange or, when fitted externally, its 
mountings must be designed so that in the event of impact it must 
maintain its effectiveness. The excess flow valves must be selected and 
fitted so as to close automatically when the rated flow specified by 
the manufacturer is reached. Connections and accessories leading to or 
from such a valve must have a capacity for a flow more than the excess 
flow valve's rated flow.
    (3) For filling and discharge openings, the first shut-off device 
must be an internal stop-valve and the second must be a stop-valve 
placed in an accessible position on each discharge and filling pipe.
    (4) For filling and discharge bottom openings of portable tanks 
intended for the transportation of flammable and/or toxic liquefied 
compressed gases, the internal stop-valve must be a quick closing 
safety device that closes automatically in the event of unintended 
movement of the portable tank during filling or discharge or fire 
engulfment. Except for portable tanks having a capacity of not more 
than 1,000 liters (264.2 gallons), it must be possible to operate this 
device by remote control.
    (5) In addition to filling, discharge and gas pressure equalizing 
orifices, shells may have openings in which gauges, thermometers and 
manometers can be fitted. Connections for such instruments must be made 
by suitable welded nozzles or pockets and may not be connected by 
screwed connections through the shell.
    (6) All portable tanks must be fitted with manholes or other 
inspection openings of suitable size to allow for internal inspection 
and adequate access for maintenance and repair of the interior.
    (d) Bottom openings. Bottom openings are prohibited on portable 
tanks when the portable tank special provision T50 in 
Sec. 172.102(c)(7) of this subchapter indicates that bottom openings 
are not allowed. In this case, there may be no openings located below 
the liquid level of the shell when it is filled to its maximum 
permissible filling limit.
    (e) Pressure relief devices. (1) Portable tanks must be provided 
with one or more reclosing pressure relief devices. The pressure relief 
devices must open automatically at a pressure not less than the MAWP 
and be fully open at a pressure equal to 110% of the MAWP. These 
devices must, after discharge, close at a pressure not less than 10% 
below the pressure at which discharge starts and must remain closed at 
all lower pressures. The pressure relief devices must be of a type that 
will resist dynamic forces including liquid surge. A frangible disc may 
only be used in series with a reclosing pressure relief device.
    (2) Pressure relief devices must be designed to prevent the entry 
of foreign matter, the leakage of gas and the development of any 
dangerous excess pressure.
    (3) Portable tanks intended for the transportation of certain 
liquefied compressed gases identified in portable tank special 
provision T50 in Sec. 172.102 of this subchapter must have a pressure 
relief device which conforms to the requirements of this subchapter. 
Unless a portable tank in dedicated service is fitted with a relief 
device constructed of materials compatible with the hazardous material, 
the relief device must comprise a frangible disc preceded by a 
reclosing device. The space between the frangible disc and the device 
must be provided with a pressure gauge or a suitable tell-tale 
indicator. This arrangement must facilitate the detection of disc 
rupture, pinholing or leakage which could cause a malfunction of the 
pressure relief device. The frangible discs must rupture at a nominal 
pressure 10% above the start-to-discharge pressure of the relief 
device.
    (4) In the case of portable tanks used for more than one gas, the 
pressure relief devices must open at a pressure indicated in paragraph 
(f) of this section for the gas having the highest maximum allowable 
pressure of the gases allowed to be transported in the portable tank.
    (f) Capacity of relief devices. The combined delivery capacity of 
the relief devices must be sufficient so that, in the event of total 
fire engulfment, the pressure inside the shell cannot exceed 120% of 
the MAWP. Reclosing relief devices must be used to achieve the full 
relief capacity prescribed. In the case of portable tanks used for more 
than gas, the combined delivery capacity of the pressure relief devices 
must be taken for the liquefied compressed gas which requires the 
highest delivery capacity of the liquefied compressed gases allowed to 
be transported in the portable tank. The total required capacity of the 
relief devices must be determined according to the requirements in 
Sec. 178.275(h). These requirements apply only to liquefied compressed 
gases which have critical temperatures well above the temperature at 
the accumulating condition. For gases which have critical temperatures 
near or below the temperature at the accumulating condition, the 
calculation of the pressure relief device delivery capacity must 
consider the additional thermodynamic properties of the gas (for 
example, CGA S-1.2-1995;

[[Page 63431]]

incorporated by reference, see Sec. 171.7 of this subchapter).
    64. A new Sec. 178.277 would be added to subpart H to read as 
follows:


Sec. 178.277  Requirements for the design, construction, inspection and 
testing of portable tanks intended for the transportation of 
refrigerated liquefied gases.

    (a) In addition to the requirements of Sec. 178.274 applicable to 
UN portable tanks, the following requirements and definitions apply to 
UN portable tanks used for refrigerated liquefied gases:
    (1) Design pressure. For the purpose of this section the term 
design pressure is consistent with the definition for design pressure 
in the ASME Code, Section VIII (incorporated by reference, see 
Sec. 171.7 of this subchapter).
    (2) Holding time is the time, as determined by testing, that will 
elapse from loading until the pressure of the contents, under 
equilibrium conditions, reaches the lowest set pressure of the pressure 
limiting device(s) (for example, pressure control valve or pressure 
relief device). Holding time must be determined as specified in 
Sec. 178.338-9.
    (3) Maximum allowable working pressure (MAWP) means the maximum 
effective gauge pressure permissible at the top of the shell of a 
loaded portable tank in its operating position including the highest 
effective pressure during filling and discharge;
    (4) Minimum design temperature means the temperature which is used 
for the design and construction of the shell not higher than the lowest 
(coldest) service temperature of the contents during normal conditions 
of filling, discharge and transportation.
    (5) Shell means the part of the portable tank which retains the 
refrigerated liquefied gas intended for transport, including openings 
and their closures, but does not include service equipment or external 
structural equipment.
    (6) Tank means a construction which normally consists of either :
    (i) A jacket and one or more inner shells where the space between 
the shell(s) and the jacket is exhausted of air (vacuum insulation) and 
may incorporate a thermal insulation system; or
    (ii) A jacket and an inner shell with an intermediate layer of 
solid thermally insulating material (for example, solid foam).
    (b) General design and construction requirements. (1) Portable 
tanks must be of seamless or welded steel construction and have a water 
capacity of more than 450 liters (118.9 gallons). Portable tanks must 
be designed, constructed, certified and stamped in accordance with the 
ASME Code (incorporated by reference, see Sec. 171.7 of this 
subchapter).
    (2) Portable tanks must be postweld heat treated and radiographed 
as prescribed in the ASME Code except that each tank constructed in 
accordance with part UHT of the ASME Code must be postweld heat 
treated. Where postweld heat treatment is required, the tank must be 
treated as a unit after completion of all the welds to the shell and 
heads. The method must be as prescribed in the ASME Code. Welded 
attachments to pads may be made after postweld heat treatment is made. 
The postweld heat treatment must be as prescribed in the ASME Code, but 
in no event at less than 1050  deg.F tank metal temperature.
    (3) Welding procedure and welder performance tests must be made 
annually in accordance with Section IX of the ASME Code (incorporated 
by reference, see Sec. 171.7 of this subchapter). In addition to the 
essential variables named in the ASME Code, the following must be 
considered as essential variables: number of passes, thickness of 
plate, heat input per pass, and the specified rod and flux. The number 
of passes, thickness of plate and heat input per pass may not vary more 
than 25% from the procedure qualification. Records of the qualification 
must be retained for at least 5 years by the portable tank manufacturer 
and made available to the approval agency and the owner of the portable 
tank as specified in Sec. 178.273.
    (4) Impact tests must be made on a lot basis. A lot is defined as 
100 tons or less of the same heat and having a thickness variation no 
greater than plus or minus 25%. The minimum impact required for full-
sized specimens must be 20 foot-pounds (or 10 foot-pounds for half-
sized specimens) at 0  deg.F Charpy V-Notch in both the longitudinal 
and transverse direction. If the lot test does not pass this 
requirement, individual plates may be accepted if they individually 
meet this impact requirement.
    (5) Shells and jackets must be made of metallic materials suitable 
for forming. Jackets must be made of steel. Non-metallic materials may 
be used for the attachments and supports between the shell and jacket, 
provided their material properties at the minimum design temperature 
are proven to be sufficient. In choosing the material, the minimum 
design temperature must be taken into account with respect to risk of 
brittle fracture, to hydrogen embrittlement, to stress corrosion 
cracking and to resistance to impact.
    (6) Any part of a portable tank, including fittings, gaskets and 
pipe-work, which can be expected normally to come into contact with the 
refrigerated liquefied gas transported must be compatible with that 
refrigerated liquefied gas.
    (7) The thermal insulation system must include a complete covering 
of the shell with effective insulating materials. External insulation 
must be protected by a jacket so as to prevent the ingress of moisture 
and other damage under normal transport conditions.
    (8) When a jacket is so closed as to be gas-tight, a device must be 
provided to prevent any dangerous pressure from developing in the 
insulation space.
    (9) Materials which may react with oxygen or oxygen enriched 
atmospheres in a dangerous manner may not be used in portable tanks 
intended for the transport of refrigerated liquefied gases having a 
boiling point below minus 182  deg.C at atmospheric pressure in 
locations with the thermal insulation where there is a risk of contact 
with oxygen or with oxygen enriched fluid.
    (10) Insulating materials must not deteriorate unduly in service.
    (11) A reference holding time must be determined for each 
refrigerated liquefied gas intended for transport in a portable tank. 
The reference holding time must be determined by testing in accordance 
with the requirements of Sec. 178.338-9, considering the following 
factors:
    (i) The effectiveness of the insulation system, determined in 
accordance with paragraph (b)(12) of this section;
    (ii) The lowest set pressure of the pressure limiting device;
    (iii) The initial filling conditions;
    (iv) An assumed ambient temperature of 30  deg.C (86  deg.F);
    (v) The physical properties of the individual refrigerated 
liquefied gas intended to be transported.
    (12) The effectiveness of the insulation system (heat influx in 
watts) may be determined by type testing the portable tank in 
accordance with a procedure specified in Sec. 178.338-9(c) or by using 
the holding time test in Sec. 178.338-9(b). This test must consist of 
either:
    (i) A constant pressure test (for example, at atmospheric pressure) 
when the loss of refrigerated liquefied gas is measured over a period 
of time; or
    (ii) A closed system test when the rise in pressure in the shell is 
measured over a period of time.
    (13) When performing the constant pressure test, variations in 
atmospheric pressure must be taken into account. When performing either 
test, corrections must be made for any variation of the ambient 
temperature from the assumed

[[Page 63432]]

ambient temperature reference value of 30  deg.C (86  deg.F).
    (14) The jacket of a vacuum-insulated double-wall tank must have 
either an external design pressure not less than 100 kPa (1 bar) gauge 
pressure calculated in accordance with the ASME Code or a calculated 
critical collapsing pressure of not less than 200 kPa (2 bar) gauge 
pressure. Internal and external reinforcements may be included in 
calculating the ability of the jacket to resist the external pressure.

    Note to paragraph (b): For the determination of the actual 
holding time as indicated by paragraphs (b)(11), (12) and (13) of 
this section, before each journey, refer to Sec. 178.338-9(b).

    (c) Design criteria. For shells with vacuum insulation, the test 
pressure must not be less than 1.3 times the sum of the MAWP and 100 
kPa (1 bar). In no case may the test pressure be less than 300 kPa (3 
bar) gauge pressure.
    (d) Service equipment. (1) Each filling and discharge opening in 
portable tanks used for the transport of flammable refrigerated 
liquefied gases must be fitted with at least three mutually independent 
shut-off devices in series: the first being a stop-valve situated as 
close as reasonably practicable to the jacket, the second being a stop-
valve and the third being a blank flange or equivalent device. The 
shut-off device closest to the jacket must be a quick closing device, 
which closes automatically in the event of unintended movement of the 
portable tank during filling or discharge or fire engulfment. This 
device must be operable by remote control.
    (2) Each filling and discharge opening in portable tanks used for 
the transport of non-flammable refrigerated liquefied gases must be 
fitted with at least two mutually independent shut-off devices in 
series: the first being a stop-valve situated as close as reasonably 
practicable to the jacket and the second a blank flange or equivalent 
device.
    (3) For sections of piping which can be closed at both ends and 
where liquid product can be trapped, a method of automatic pressure 
relief must be provided to prevent excess pressure build-up within the 
piping.
    (4) Each connection on a portable tank must be clearly marked to 
indicate its function.
    (5) When pressure-building units are used, the liquid and vapor 
connections to that unit must be provided with a valve as close to the 
jacket as reasonably practicable to prevent the loss of contents in 
case of damage to the pressure-building unit.
    (6) The materials of construction of valves and accessories must 
have satisfactory properties at the lowest operating temperature of the 
portable tank.
    (e) Pressure relief devices. (1) Every shell must be provided with 
not less than two independent reclosing pressure relief devices. The 
pressure relief devices must open automatically at a pressure not less 
than the MAWP and be fully open at a pressure equal to 110% of the 
MAWP. These devices must, after discharge, close at a pressure not 
lower than 10% below the pressure at which discharge starts and must 
remain closed at all lower pressures. The pressure relief devices must 
be of the type that will resist dynamic forces including surge.
    (2) Except for portable tanks used for oxygen, portable tanks for 
non-flammable refrigerated liquefied gases (except oxygen) and hydrogen 
may in addition have frangible discs in parallel with the reclosing 
devices as specified in paragraphs (e)(4)(ii) and (e)(4)(iii) of this 
section.
    (3) Pressure relief devices must be designed to prevent the entry 
of foreign matter, the leakage of gas and the development of any 
dangerous excess pressure.
    (4) Capacity and setting of pressure relief devices. (i) In the 
case of the loss of vacuum in a vacuum-insulated tank or of loss of 20% 
of the insulation of a tank insulated with solid materials, the 
combined capacity of all pressure relief devices installed must be 
sufficient so that the pressure (including accumulation) inside the 
shell does not exceed 120% of the MAWP.
    (ii) For non-flammable refrigerated liquefied gases (except oxygen) 
and hydrogen, this capacity may be achieved by the use of frangible 
discs in parallel with the required safety-relief devices. Frangible 
discs must rupture at nominal pressure equal to the test pressure of 
the shell.
    (iii) Under the circumstances described in paragraphs (e)(4)(i) and 
(e)(4)(ii) of this section, together with complete fire engulfment, the 
combined capacity of all pressure relief devices installed must be 
sufficient to limit the pressure in the shell to the test pressure.
    (iv) The required capacity of the relief devices must be calculated 
in accordance with CGA Pamphlet S-1-1.2 (incorporated by reference, see 
Sec. 171.7 of this subchapter).
    65. In Sec. 178.703, paragraph (a)(1) introductory text would be 
revised and in paragraph (a)(1)(ii), a new sentence would be added at 
the end of the paragraph to read as follows:


Sec. 178.703  Marking of intermediate bulk containers.

    (a) * * *
    (1) Mark every IBC in a durable and clearly visible manner (may be 
applied in a single line or in multiple lines provided the correct 
sequence is followed) with the following information in letters, 
numerals and symbols of at least 12 mm in height and in the sequence 
presented:
* * * * *
    (ii) * * * The letter ``W'' must follow the IBC design type 
identification code on an IBC when the IBC differs from the 
requirements in subpart N of this part, or is tested using methods 
other than those specified in this subpart, and is approved by the 
Associate Administrator in accordance with the provisions in 
Sec. 178.801(i).
* * * * *
    66. In Sec. 178.705, paragraph (c)(1)(iv)(A) would be revised and a 
new paragraph (c)(1)(iv)(C) would be added to read as follows:


Sec. 178.705  Standards for metal intermediate bulk containers.

* * * * *
    (c) * * *
    (1) * * *
    (iv) * * *
    (A) For a reference steel having a product of Rm X Ao = 10,000, 
where Ao is the minimum elongation (as a percentage) of the reference 
steel to be used on fracture under tensile stress, (Rm X Ao = 10,000 X 
145; if tensile strength is in U.S. Standard units of pounds per square 
inch) the wall thickness must not be less than:

----------------------------------------------------------------------------------------------------------------
                                                        Wall thickness (T) in mm
                      ------------------------------------------------------------------------------------------
   Capacity (C) in                  Types 11A, 11B, 11N                   Types 21A, 21B, 21N, 31A, 31B, 31N
      liters1       ------------------------------------------------------------------------------------------
                            Unprotected             Protected             Unprotected             Protected
----------------------------------------------------------------------------------------------------------------
                 C  1000  2.0                    1.5                    2.5                    2.0
           1000  C         T=C/2000 + 1.5         T=C/2000 + 1.0         T=C/2000 + 2.0         T=C/2000 + 1.5
              2000

[[Page 63433]]


           2000  C         T=C/2000 + 1.5         T=C/2000 + 1.0         T=C/1000 + 1.0         T=C/2000 + 1.5 
              3000
----------------------------------------------------------------------------------------------------------------
1 Where: gallons = liters  x  0.264.

* * * * *
    (C) For purposes of the calculation described in paragraph 
(c)(1)(iv)(B) of this section, the guaranteed minimum tensile strength 
of the metal to be used (Rm1) must be the minimum value 
according to material standards. However, for austenitic (stainless) 
steels, the specified minimum value for Rm, according to the material 
standards, may be increased by up to 15% when a greater value is 
provided in the material inspection certificate. When no material 
standard exists for the material in question, the value of Rm must be 
the minimum value indicated in the material inspection certificate.
* * * * *
    67. In Sec. 178.801, in paragraph (i), two sentences would be added 
at the end of the paragraph to read as follows:


Sec. 178.801  General requirements.

* * * * *
    (i) * * * A large packaging, as defined in Sec. 171.8 of this 
subchapter, may be used if approved by the Associate Administrator. The 
large packaging must conform to the construction standards, performance 
testing and packaging marking requirements specified in the UN 
Recommendations (incorporated by reference, see Sec. 171.7 of this 
subchapter)
* * * * *
    68. In Sec. 178.812, paragraph (c)(1) would be revised and a new 
paragraph (c)(3) would be added to read as follows:


Sec. 178.812  Top lift test.

* * * * *
    (c) Test method. (1) A metal or flexible IBC must be lifted in the 
manner for which it is designed until clear of the floor and maintained 
in that position for a period of five minutes.
* * * * *
    (3) If not tested as indicated in paragraph (c)(1) of this section, 
a flexible IBC design type must be tested as follows:
    (i) Fill the flexible IBC to 95% full with a material 
representative of the product to be shipped.
    (ii) Suspend the flexible IBC by its lifting devices.
    (iii) Apply a constant downward force through a specially designed 
platen. The platen will be a minimum of 60% and a maximum of 80% of the 
cross sectional surface area of the flexible IBC.
    (iv) The combination of the mass of the filled flexible IBC and the 
force applied through the platen must be a minimum of six times the 
maximum net mass of the flexible IBC. The test must be conducted for a 
period of five minutes.
    (v) Other equally effective methods of top lift testing and 
preparation may be used with approval of the Associate Administrator.
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

    69. The authority citation for part 180 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    70. Subpart G would be added to part 180 to read as follows:

Subpart G--Qualification and Maintenance of Portable Tanks

Sec.
180.601  Applicability.
180.603  Qualification of portable tanks.
180.605  Requirements for retest, inspection or repair of portable 
tanks.

Subpart G--Qualification and Maintenance of Portable Tanks


Sec. 180.601  Applicability.

    This subpart prescribes requirements, in addition to those 
contained in parts 107, 171, 172, 173, and 178 of this subchapter, 
applicable to any person responsible for the continuing qualification, 
maintenance or periodic retesting of a portable tank.


Sec. 180.603  Qualification of portable tanks.

    (a) Each portable tank used for the transportation of hazardous 
materials must be an authorized packaging.
    (b) To qualify as an authorized packaging, each portable tank must 
conform to the requirements of this subchapter or the applicable 
specification to which the portable tank was constructed.
    (c) The following portable tanks are authorized for use provided 
they conform to all applicable safety requirements of this subchapter: 
51, 56, 57, 60, IM 101, IM 102 and UN portable tanks.
    (d) A portable tank that also meets the definition of ``container'' 
in 49 CFR 450.3(a)(3) must conform to the requirements in parts 450 
through 453 of this tile for compliance with Annex II of the Convention 
for Safe Containers (CSC).
    (e) Exemption portable tanks based on DOT 51 portable tanks. The 
owner of a portable tank constructed in accordance with and used under 
an exemption issued prior to August 31, 1996, which was in conformance 
with the requirements for Specification DOT 51 portable tanks with the 
exception of the location of fill and discharge outlets, shall examine 
the portable tank and its design to determine if it meets the outlet 
requirements in effect on October 1, 1999. If the owner determines that 
the portable tank is in compliance with all requirements of the DOT 51 
specification, the exemption number stenciled on the portable tank 
shall be removed and the specification plate (or a plate placed 
adjacent to the specification plate) shall be durably marked ``DOT 51-
E*****'' (where ***** is to be replaced by the exemption number). 
During the period the portable tank is in service, and for one year 
thereafter, the owner of the portable tank must retain on file at its 
principal place of business a copy of the last exemption in effect.


Sec. 180.605  Requirements for retest, inspection or repair of portable 
tanks.

    (a) A portable tank constructed in accordance with a DOT 
specification for which a test or inspection specified in this section 
has become due, may not be filled and offered for transportation or 
transported until the test or inspection has been successfully 
completed. This paragraph (a) does not apply to any portable tank 
filled prior to the test or inspection due date.
    (b) Conditions requiring test and inspection of portable tanks. 
Without regard to any other test or inspection requirements, a 
Specification or UN portable tank must be tested and inspected in 
accordance with this section prior to further use if any of the 
following conditions exist:
    (1) The portable tank shows evidence of bad dents, corroded or 
abraded areas,

[[Page 63434]]

leakage, or any other condition that might render it unsafe for 
transportation service.
    (2) The portable tank has been in an accident and has been damaged 
to an extent that may adversely affect its ability to retain the 
hazardous material.
    (3) The portable tank has been out of hazardous materials 
transportation service for a period of one year or more.
    (4) The portable tank has been modified from its original design 
specification.
    (5) The Department so requires based on the existence of probable 
cause that the portable tank is in an unsafe operating condition.
    (c) Schedule for initial and periodic inspections and tests. Each 
Specification portable tank must be tested and inspected in accordance 
with the following schedule:
    (1) Each IM or UN portable tank must be given an initial inspection 
and test before being placed into service, a periodic inspection and 
test at least once every five years, and an intermediate periodic 
inspection and test at least every 2.5 years following the last five-
year periodic inspection and test.
    (2) Each Specification 51 portable tank must be given a periodic 
inspection and test at least once every five years.
    (3) Each Specification 56 or 57 portable tank must be given a 
periodic inspection and test at least once every 2.5 years.
    (4) Each Specification 60 portable tank must be given a periodic 
inspection and test at the end of the first 4-year period after the 
original test; at least once every 2 years thereafter up to a total of 
12 years of service; and at least once annually thereafter. Retesting 
is not required on a rubber-lined tank except before each relining.
    (d) Initial inspection and test. The initial inspection and test of 
a portable tank must include the following:
    (1) A check of the design characteristics;
    (2) An internal and external examination of the portable tank and 
its fittings, taking into account the hazardous materials to be 
transported;
    (3) A hydrostatic pressure test as specified in paragraph (i) of 
this section;
    (4) A leakage test;
    (5) A test of the satisfactory operation of all service equipment 
including pressure relief devices must also be performed. When the 
shell and its fittings have been pressure-tested separately, they must 
be subjected to a leakage test after reassembly. All welds subject to 
full stress level in the shell must be inspected during the initial 
test by radiographic, ultrasonic, or another suitable non-destructive 
test method. This does not apply to the jacket;
    (6) A UN portable tank that meets the definition of ``container'' 
in the CSC (see 49 CFR 450.3(a)(2)) must be subjected to an impact test 
using a prototype representing each design type. The prototype portable 
tank must be shown to be capable of absorbing the forces resulting from 
an impact not less than 4 times (4 g) the maximum permissable gross 
mass of the fully loaded portable tank at a duration typical of the 
mechanical shocks experienced in rail transportation. A listing of 
standards describing methods acceptable for performing the impact test 
are provided in the UN Recommendations (incorporated by reference, see 
Sec. 171.7 of this subchapter);
    (7) The following tests must be completed on a portable tank that 
is also a CSC container without leakage or deformation that would 
render the tank unsuitable for transportation and use:
    (i) Longitudinal inertia. The tank loaded to its maximum gross 
weight must be positioned with its longitudinal axis vertical. It shall 
be held in this position for five minutes by support at the lower end 
of the base structure providing vertical and lateral restraint and by 
support at the upper end of the base structure providing lateral 
restraint only.
    (ii) Lateral inertia. The tank loaded to its maximum gross weight 
must be positioned for five minutes with its transverse axis vertical. 
It shall be held in this position for five minutes by support at the 
lower side of the base structure providing vertical and lateral 
restraint and by support at the upper side of the base structure 
providing lateral restraint only.
    (e) Intermediate periodic inspection and test. The intermediate 
periodic inspection and test must include at least an internal and 
external examination of the portable tank and its fittings taking into 
account the hazardous materials intended to be transported; a leakage 
test; and a test of the satisfactory operation of all service 
equipment. Sheathing, thermal insulation, etc. need only to be removed 
to the extent required for reliable appraisal of the condition of the 
portable tank. For portable tanks intended for the transportation of a 
single hazardous material, the internal examination may be waived if it 
is leakage tested in accordance with the procedures in paragraph (i) of 
this section prior to each filling, or if approved by the Associate 
Administrator.
    (f) Periodic inspection and test. The periodic inspection and test 
must include an internal and external examination and, unless excepted, 
a hydraulic pressure test as specified in this section. Sheathing, 
thermal insulation, etc. need only to be removed to the extent required 
for reliable appraisal of the condition of the portable tank. Reclosing 
pressure relief devices must be removed from the tank and tested 
separately. For portable tanks where the shell and equipment have been 
pressure-tested separately, after assembly they must be subjected 
together to a leakage test.
    (g) Exceptional inspection and test. The exceptional inspection and 
test is necessary when a portable tank shows evidence of damaged or 
corroded areas, or leakage, or other conditions that indicate a 
deficiency that could affect the integrity of the portable tank. The 
extent of the exceptional inspection and test must depend on the amount 
of damage or deterioration of the portable tank. It must include at 
least the intermediate inspection and a hydrostatic test according 
paragraph (e) of this section. Pressure relief devices need not be 
tested or replaced unless there is reason to believe the relief devices 
have been affected by the damage or deterioration.
    (h) Internal and external examination. The internal and external 
examinations must ensure that:
    (1) The shell is inspected for pitting, corrosion, or abrasions, 
dents, distortions, defects in welds or any other conditions, including 
leakage, that might render the portable tank unsafe for transportation;
    (2) The piping, valves, and gaskets are inspected for corroded 
areas, defects, and other conditions, including leakage, that might 
render the portable tank unsafe for filling, discharge or 
transportation;
    (3) Devices for tightening manhole covers are operative and there 
is no leakage at manhole covers or gaskets;
    (4) Missing or loose bolts or nuts on any flanged connection or 
blank flange are replaced or tightened;
    (5) All emergency devices and valves are free from corrosion, 
distortion and any damage or defect that could prevent their normal 
operation. Remote closure devices and self-closing stop-valves must be 
operated to demonstrate proper operation;
    (6) Required markings on the portable tank are legible and in 
accordance with the applicable requirements; and
    (7) The framework, the supports and the arrangements for lifting 
the portable tank are in satisfactory condition.
    (i) Pressure test procedures for specification 51, 57, 60, IM or UN 
portable tanks. (1) Each Specification 57 portable tank must be leak 
tested by a

[[Page 63435]]

minimum sustained air pressure of at least three psig applied to the 
entire tank. Each Specification 51 or 56 portable tank must be tested 
by a minimum pressure (air or hydrostatic) of at least 2 psig or at 
least one and one-half times the design pressure (maximum allowable 
working pressure, or re-rated pressure) of the tank, whichever is 
greater. Leakage tests for all other portable tanks must be at a 
pressure of at least 25% of MAWP. During each air pressure test, the 
entire surface of all joints under pressure must be coated with or 
immersed in a solution of soap and water, heavy oil, or other material 
suitable for the purpose of detecting leaks, but in no case less than 
five minutes. The pressure must be held for a period of time 
sufficiently long to assure detection of leaks. During the air or 
hydrostatic test, relief devices may be removed, but all the closure 
fittings must be in place and the relief device openings plugged. 
Lagging need not be removed from a lagged tank if it is possible to 
maintain the required test pressure at constant temperature with the 
tank disconnected from the source of pressure.
    (2) Each Specification 60 portable tank must be retested by 
completely filling the tank with water or other liquid having a similar 
viscosity, the temperature of which shall not exceed 100  deg.F during 
the test, and applying a pressure of 60 psig. The tank shall be capable 
of holding the prescribed pressure for at least 10 minutes without 
leakage, evidence of impending failure, or failure. All closures shall 
be in place while the test is made and the pressure shall be gauged at 
the top of the tank. Safety devices and/or vents shall be plugged 
during this test.
    (3) Each Specification IM or UN portable tank, except for UN 
portable tanks used for liquefied compressed gases and all piping, 
valves and accessories, except pressure relief devices, must be 
hydrostatically tested with water, or other liquid of similar density 
and viscosity, to a pressure not less than 150% of its maximum 
allowable working pressure. UN portable tanks used for liquefied 
compressed gases must be hydrostatically tested with water, or other 
liquid of similar density and viscosity, to a pressure not less than 
130% of its maximum allowable working pressure. The minimum test 
pressure for a portable tank is determined on the basis of the 
hazardous materials that are intended to be transported in the tanks. 
Minimum test pressure for specific hazardous materials are specified in 
the applicable T Codes assigned to a particular hazardous material in 
the Sec. 172.101 Table of this subchapter. While under pressure the 
tank shall be inspected for leakage, distortion, or any other condition 
which might render the tank unsafe for service. A portable tank fails 
to meet the requirements of the pressure test if, during the test, 
there is permanent distortion of the tank exceeding that permitted by 
the applicable specification; if there is any leakage; or if there are 
any deficiencies. Any portable tank that fails must be rejected and may 
not be used again for the transportation of a hazardous material unless 
the tank is adequately repaired, and, thereafter, a successful test is 
conducted in accordance with the requirements of this paragraph. An 
approval agency shall witness the hydrostatic test. Any damage or 
deficiency that might render the portable tank unsafe for service shall 
be repaired to the satisfaction of the witnessing approval agency. The 
repaired tank must be hydrostatically retested. Upon successful 
completion of the hydrostatic test, the witnessing approval agency 
shall apply its name, identifying mark or identifying number in 
accordance with paragraph (l) of this section.
    (j) Rejection criteria. When evidence of any unsafe condition is 
discovered, the portable tank may not be returned to service until it 
has been corrected and the pressure test is repeated and passed.
    (k) Repair. The repair of a portable tank is authorized, provided 
such repairs are made in accordance with the requirements prescribed in 
the specification for the tank's original design and construction. In 
addition to any other provisions of the specification, no portable tank 
may be repaired so as to cause leakage or cracks or the likelihood of 
leakage or cracks near areas of stress concentration due to cooling 
metal shrinkage in welding operations, sharp fillets, reversal of 
stresses, or otherwise. No field welding may be done except to non-
pressure parts. In all cases, when cutting, burning or welding 
operations on the shell have been affected, that work must be done with 
the approval of the approval agency and be done in accordance with the 
requirements of this subchapter, taking into account the pressure 
vessel code used for the construction of the shell. A pressure test to 
the original test pressure must be performed after the work is 
completed.
    (l) Inspection and test markings. Each portable tank must be 
durably and legibly marked, in English, with the date (month and year) 
of the last hydrostatic test, the identification markings of the 
approval agency witnessing the test when required, and the date of the 
last visual inspection. The marking must be placed on or near the metal 
identification plate in letters not less than 3 mm (0.118 inches) high 
when on the metal identification plate and 32 mm (1.25 inches) high 
when on the portable tank.
    (m) Record retention. The owner of each portable tank or his 
authorized agent shall retain a written record of the date and results 
of all required inspections and tests, and the name and address of the 
person performing the inspection or test, until the next retest has 
been satisfactorily completed and recorded. In addition, a 
manufacturer's data report of the portable tank must be procured and 
retained in the files of the owner during the time that such portable 
tank is used for such service, except for Specifications 56 and 57 
portable tanks.

    Issued in Washington, DC on August 16, 2000, under authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 00-21417 Filed 10-20-00; 8:45 am]
BILLING CODE 4910-60-P