Billing Code - PHMSA - Department of Transportation

This concern led the international community to adopt in the 17 th Revised Edition of the
UN Model Regulations a special provision associated with fuel-related Class 3 entries.
Special Provision 363, as adopted in the UN Model Regulations, requires an article
that contains fuel in excess of the limited quantity authorized amount and is ineligible to
be described as Dangerous Goods in Machinery or Apparatus, UN3363, to conform to
several general provisions to avoid being subject to the remainder of the HMR. In the
August 15, 2012 NPRM, PHMSA proposed the addition of SP 363 for transportation by
vessel to various Class 3 fuels modelled on the corresponding special provision adopted in
the UN Model Regulations. PHMSA received three comments (Caterpillar, DGAC, &
IVODGA) concerning our proposed adoption of special provision 363.
Both DGAC and Caterpillar were opposed to PHMSA’s adoption of special
provision 363. Caterpillar stated that PHMSA’s proposed addition of special provision
363 was not based on sufficient data demonstrating the revision would improve transport
safety. Caterpillar also stated that the change would introduce conflicting requirements
and regulatory uncertainty and would be excessively burdensome. DGAC stated that the
adoption of special provision 363 would introduce conflicting requirements and regulatory
uncertainty, and highlighted a proposal they will present to the UN to clarify special
provision 363.
Caterpillar noted that the proposal in the August 15, 2012 NPRM does not
demonstrate through data obtained via scientific methodology any connection between the
proposed revision and enhanced reductions in risks to people and the environment for all
affected shipments. Caterpillar and DGAC noted that the adoption of the changes
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