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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules
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safety devices and currently allows for the carriage of only one device with the approval of the aircraft operator.
PHMSA proposes to increase the allowance from a single self-inflating personal safety device to two devices in response to an increase in passengers seeking to travel with their own devices.
PHMSA clarifies that each self-inflating safety device may be fitted with no more than two small gas cartridges and that an additional two spare cartridges per device may be carried with the devices.
In addition, PHMSA proposes to add the text intended to be worn by a person to specify that this provision is only intended for self-inflating personal safety devices that are designed to be worn by a person and does not apply to other types of safety devices. PHMSA
expects this proposal will promote use of the self-inflating personal safety devices. Specifically, it provides passengers more flexibility when carrying self-inflating devices such as life-jackets, motorcycle jackets and horse riding vests. Further, PHMSA
does not expect transportation safety will be compromised as these devices are designed with multiple initiation processes required for inflation to occur, thereby inhibiting unintentional activation. PHMSA has not identified any incidents involving unintentional activation of self-inflating personal safety devices inflight.
Section 175.75
Section 175.75 provides quantity limitations and stowage location requirements for air transportation.
During internal review of the stowage requirements found in 175.75, PHMSA
and FAA concluded that several editorial revisions would increase the clarity of this section, and therefore enhance the safety or hazardous materials transported by aircraft. These proposed revisions do not substantively change current requirements of this section. They are intended only for purposes of increasing the understanding of air stowage requirements. The proposed editorial revisions to this section are discussed as follows:
The current structure for paragraph b outlines three distinct stowage requirements in a single paragraph. To increase readability, PHMSA proposes to revise paragraph b by separating the three requirements into three subparagraphs each addressing a single stowage requirement.
Insertion of an additional distinct sentence in the aforementioned proposed revised format of paragraph b to highlight the existing requirement in 175.75 that all packages displaying
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a Cargo Aircraft Only label in accordance with 172.402c must be loaded in an accessible manner i.e., a manner accessible to the cargo aircrafts crew or other authorized person. This longstanding requirement of the HMR is buried in the Quantity and Loading Table of paragraph f. Air carrier stakeholders have suggested to PHMSA
and FAA that the stowage requirements would be clarified if this important requirement were explicitly stated in 175.75. Therefore, PHMSA proposes to specify this requirement in the stowage requirements as subparagraph b4.
Correction of an inadvertent error in the Quantity and Loading Table of paragraph f, Note 1, that removed Division 6.2 material from eligibility for exception from the inaccessible loading restriction for Cargo Aircraft Only packages. This inadvertent error occurred in a corrections and response to administrative appeals final rule.28
PHMSA revised requirements for Division 6.1 material among the list of eligible materials but in doing so inadvertently removed reference to Division 6.2 material. This change was not intended and; therefore, PHMSA
proposes to reinsert reference to Division 6.2 material in Note 1.
Insertion of an Oxford comma in the Quantity and Loading Table of paragraph f, Note 1, item d. to more clearly indicate that Class 9 material, limited quantity material, and excepted quantity material all qualify for this provision. PHMSA and FAA are aware that some air carrier stakeholders have expressed confusion with the language in Note 1, item d., and acknowledge that the omission of a comma between Limited Quantity and Excepted Quantity may create the impression that only Class 9 limited or excepted quantity material are eligible for this exception. Note 1, item d. has always included all eligible hazard classes of limited quantity and excepted quantity material.
E. Part 176
Section 176.84
Part 176 contains requirements associated with transportation of hazardous materials by vessel. Section 176.84 prescribes the meanings of numbered or alphanumeric vessel transport stowage provisions that are assigned to hazardous materials and which are listed in column 10B of the HMT. The provisions in 176.84 are separated into general stowage provisions, which are defined in the table of provisions in paragraph b, 28 78

FR 65453 Oct. 31, 2013. This rule affected rules HM215K, HM215L, HM218G, and HM219.

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and the stowage notes unique to vessel shipments of Class 1 explosives, which are defined in the table in paragraph c2. PHMSA has determined that the following proposed revisions will improve safety by ensuring that hazardous materials are properly stowed on vessels.
First, PHMSA proposes to revise stowage provision 4 in paragraph b.
Existing stowage provision 4 directs shippers to Stow Separated from liquid organic materials. PHMSA
proposes to modify the language in this code for clarity and to facilitate proper stowage. In a proposal submitted to the IMO, it was noted that many liquid organic materials are not dangerous goods and that it is difficult to identify these commodities for purposes of segregation.29 Furthermore, the distinction between organic and inorganic substances cannot be easily discovered by persons responsible for the packing of a cargo transport unit.
PHMSA has determined that requiring a determination as to whether a cargo is an organic or inorganic substance should be amended with a more readily understood requirement to characterize these items as combustible materials.
This clarification would aid in ensuring safe segregation of materials assigned this stowage provision. Therefore, PHMSA proposes to amend stowage provision 4 to require materials assigned this code to not be stowed with combustible materials in the same cargo transport unit.
Second, PHMSA proposes to add new stowage provisions under codes 155, 156, and 157:
New stowage code 155 is assigned to UN2814, Infectious substances, affecting humans and UN2900, Infectious substances, affecting animals only. This new stowage provision advises vessel carriers to avoid handling of an infectious package or keep handling of the package to a minimum and to inform the appropriate public health authority or veterinary authority where persons or animals may have been exposed to the package contents.
This provision may improve safety for packages that may be used to transport COVID19 related material. Stowage code 155 would apply particularly to any cargo offered in the traditional manner i.e., break-bulk. The proposed stowage code advises cargo handling personnel to limit interaction with packages of Division 6.2 materials to a minimum. The requirement to notify the appropriate public health authority or 29 International Maritime Organization SubCommittee on the Carriage of Cargoes and Containers CCC 5/6/3.

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