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Billing Code - PHMSA - Department of Transportation

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The specific packaging requirements for Class 1 explosive materials are specified<br />

in § 173.62. In this final rule <strong>PHMSA</strong> is revising § 173.62 to authorize wood as an<br />

appropriate material used to construct receptacles, inner and outer intermediate packagings,<br />

and intermediate packagings/dividing partitions for certain explosives. Furthermore,<br />

<strong>PHMSA</strong> is authorizing the use <strong>of</strong> metals other than steel or aluminum in specification<br />

packagings, specifically drums (1N1 or 1N2) and boxes (4N), as appropriate. This<br />

authorization does not include chlorosilanes under § 173.206 because <strong>of</strong> corrosion<br />

concerns. Otherwise, it authorizes the use <strong>of</strong> closed head drums where open head drums<br />

are generally permitted. <strong>PHMSA</strong> believes these amendments provide greater flexibility in<br />

packaging while maintaining an equivalent level <strong>of</strong> safety.<br />

Consistent with amendments adopted by the ICAO Technical Instructions, <strong>PHMSA</strong><br />

is adopting changes in various sections on Part 173 where certain articles, items, and<br />

materials are excepted from the requirements <strong>of</strong> the subchapter. There is a potential for<br />

these excepted articles, items, and materials to be inappropriately carried aboard an aircraft<br />

by passengers or crewmembers. The changes will address this concern by clarifying that<br />

certain excepted articles, items and materials, identified by ICAO as posing a safety risk,<br />

must be transported as cargo and cannot be carried onboard an aircraft by passengers or<br />

crewmembers as carry-on baggage, checked baggage, or on their person unless specifically<br />

excepted by § 175.10, “Exceptions for Passengers, Crewmembers, and Air Operators.”<br />

The amended sections include §§ 173.159a, 173.162, 173.164, 173.175, 173.219, and<br />

173.306. For UN3166 and UN3268, Special Provision A200 is created to communicate<br />

this requirement and a reference to special provision A200 is placed in column 7 <strong>of</strong> the<br />

HMT for these entries. In response to the NPRM, COSTHA and Mercotac, suggested<br />

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