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Billing Code - PHMSA - Department of Transportation

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magazine stowage type A and C, as the definition <strong>of</strong> “closed cargo transport unit for Class<br />

1” was added to § 176.2 references to magazine stowage type A and C are no longer<br />

needed in this section.<br />

Paragraph (e) also contains an exception for empty packages containing residue<br />

(excluding Class 2.3 empty packages containing residue and waste aerosols), including<br />

IBCs and large packages to be stowed on deck, or under deck if in a mechanically<br />

ventilated cargo space. This exception will apply regardless <strong>of</strong> the stowage provisions<br />

indicated in § 172.101(k). <strong>PHMSA</strong> believes the reduced hazard present in empty packages<br />

containing residue combined with the mechanically ventilated cargo space warrants a<br />

relaxation <strong>of</strong> stowage requirements for shipments <strong>of</strong> empty packages (excluding Class 2.3<br />

and waste aerosols) that otherwise would require on deck stowage.<br />

Section 176.76<br />

Section 176.76 specifies the requirements for transport vehicles, freight containers,<br />

and portable tanks containing hazardous materials transported via vessel.<br />

In this final rule, <strong>PHMSA</strong> is adding a new paragraph (a)(11) requiring that banding<br />

or securing straps used to secure packages must not be over tightened to cause damage or<br />

deformation <strong>of</strong> the packages or the securing points within the freight container or transport<br />

vehicle. <strong>PHMSA</strong> is adopting this change to harmonize cargo securement requirements in<br />

the HMR with recently adopted changes in the IMDG <strong>Code</strong>. This requirement is intended<br />

to prevent undue stress and potential damage to packages and tie down points during<br />

transport.<br />

<strong>PHMSA</strong> had originally proposed to replace the existing paragraph (a)(9) with this<br />

regulatory text, but received one comment from IVODGA noting that the provisions <strong>of</strong><br />

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