Hazardous Materials: Revision and Reformatting of Requirements for the Authorization To Use International Transport Standards and Regulations, 25162-25177 [07-1959]

Agencies

• Pipeline and Hazardous Materials Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 85 (Thursday, May 3, 2007)]
[Rules and Regulations]
[Pages 25162-25177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1959]



[[Page 25161]]

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

Part IV





Department of Transportation





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



Pipeline and Hazardous Materials Safety Administration



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



49 CFR Part 171, et al.



Hazardous Materials: Revision and Reformatting of Requirements for the 
Authorization To Use International Transport Standards and Regulations; 
Final Rule

Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules 
and Regulations

[[Page 25162]]


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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175 and 176

[Docket No. PHMSA-2005-23141 (HM-215F)]
RIN 2137-AE01


Hazardous Materials: Revision and Reformatting of Requirements 
for the Authorization To Use International Transport Standards and 
Regulations

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Final rule.

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

SUMMARY: In this final rule, PHMSA is amending the Hazardous Materials 
Regulations to revise and consolidate the requirements applicable to 
the use of the International Civil Aviation Organization's Technical 
Instructions for the Safe Transport of Dangerous Goods by Air, the 
International Maritime Dangerous Goods Code, Transport Canada's 
Transportation of Dangerous Goods Regulations, and the International 
Atomic Energy Agency's Safety Standards Series: Regulations for the 
Safe Transport of Radioactive Material. The revisions and reformatting 
provide a user-friendly format to promote understanding of the 
conditions and limitations on the use of international standards and 
regulations. In addition, PHMSA is authorizing the use in domestic 
transportation of portable tanks, cargo tank motor vehicles, and rail 
tank cars manufactured in accordance with Transport Canada's 
Transportation of Dangerous Goods Regulations. The amendments adopted 
in this final rule maintain the high transportation safety standard 
established under the Hazardous Materials Regulations.

DATES: Effective date: October 1, 2007.
    Incorporation by Reference Date: The incorporation by reference of 
certain publications listed in these amendments is approved by the 
Director of the Federal Register as of October 1, 2007.

FOR FURTHER INFORMATION CONTACT: Duane Pfund, International Standards 
Coordinator, telephone (202) 366-0656, or Joan McIntyre, Office of 
Hazardous Materials Standards, telephone (202) 366-8553, Pipeline and 
Hazardous Materials Safety Administration.

SUPPLEMENTARY INFORMATION:

I. Background

    To facilitate the safe and efficient transportation of hazardous 
materials in international commerce, the Hazardous Materials 
Regulations (HMR; 49 CFR Parts 171-180), with certain limitations, 
permit both domestic and international shipments of hazardous materials 
to be offered for transportation and transported under provisions of 
the International Civil Aviation Organization's Technical Instructions 
for the Safe Transport of Dangerous Goods by Air (ICAO Technical 
Instructions), the International Maritime Dangerous Goods Code (IMDG 
Code), the Transport Canada's Transportation of Dangerous Goods 
Regulations (Transport Canada TDG Regulations), and the International 
Atomic Energy Agency's Safety Standards Series: Regulations for the 
Safe Transportation of Radioactive Material (IAEA Regulations), as 
appropriate.
    Consistency between U.S. and international regulations helps to 
assure the safety of international hazardous materials transportation 
through better understanding of the regulations, an increased level of 
industry compliance, the smooth flow of hazardous materials from their 
points of origin to their points of destination, and effective 
emergency response in the event of a hazardous materials incident. For 
example, many shippers find that consistency in requirements aids their 
understanding of what is required, thereby permitting them to more 
easily comply with the regulations when shipping hazardous materials in 
international commerce.
    The Federal hazardous materials transportation law (Federal hazmat 
law; 49 U.S.C. 5101 et seq.) requires PHMSA to align the HMR with 
international transport standards and requirements to the extent 
practicable (see Sec.  5120). The Federal hazmat law permits PHMSA to 
deviate from international transport standards and requirements when 
such action is in the public interest. Therefore, we periodically align 
the HMR with international transport standards and regulations through 
various rulemakings. We also periodically review and revise the 
provisions for the authorization to use the international transport 
standards and regulations in order to maintain a safety level equal to 
that of the HMR, thereby assuring the protection of people, property, 
and the environment. Based on our comprehensive, technical review, we 
have determined that the amendments adopted in this final rule provide 
an equivalent level of safety as is currently achieved under the HMR.
    On January 27, 2006, PHMSA issued a notice of proposed rulemaking 
(NPRM, 71 FR 4544) proposing to amend the HMR by revising and 
consolidating the requirements applicable to the use of international 
standards and regulations. Our goal with this rulemaking is to 
reorganize and clarify the conditions and limitations on the use of 
international standards and regulations for transportation in the 
United States. The purpose of the reorganization is to provide an 
easier format for HMR users, particularly for persons transporting 
hazardous materials by multiple modes of transportation, thereby 
providing a clearer understanding of the conditions and limitations for 
the use of authorized international standards and facilitating the 
transportation of hazardous material shipments.

II. Discussion of Comments and Regulatory Revisions

    In response to the NPRM, we received 25 comments from industry 
associations, shippers and others, as follows:

------------------------------------------------------------------------
             Commenter                          Document No.
------------------------------------------------------------------------
The Estee Lauder Companies, Inc.    PHMSA-2005-23141-2
 (ELC).
International Tank Container        PHMSA-2005-23141-3
 Organization (ITCO).
Regulatory Resources, Inc.........  PHMSA-2005-23141-4
Owen B. Bugg......................  PHMSA-2005-23141-5
Fed Ex............................  PHMSA-2005-23141-6
The Fertilizer Institute (TFI)....  PHMSA-2005-23141-7
National Tank Truck Carriers, Inc.  PHMSA-2005-23141-8
 (NTTC).
Air Products and Chemicals, Inc.    PHMSA-2005-23141-9
 (Air Products).
Council on Radionuclides and        PHMSA-2005-23141-10
 Radiopharmaceuticals, Inc.
 (CORAR).
PPG Industries, Inc. (PPG)........  PHMSA-2005-23141-11

[[Page 25163]]

 
American Trucking Associations      PHMSA-2005-23141-12
 (ATA).
Ashland Specialty Chemical Company  PHMSA-2005-23141-13
 (Ashland).
Lawrence A. Duncan................  PHMSA-2005-23141-14
International Vessel Operators      PHMSA-2005-23141-15
 Hazardous Materials Association,
 Inc. (VOHMA).
Air Transport Association of        PHMSA-2005-23141-16
 America, Inc. (Air Transport).
Council on Safe Transportation of   PHMSA-2005-23141-17
 Hazardous Articles, Inc. (COSTHA).
Association of Hazmat Shippers      PHMSA-2005-23141-18
 (AHS).
Association of American Railroads   PHMSA-2005-23141-19
 (AAR).
National Propane Gas Association    PHMSA-2005-23141-20
 (NPGA).
CF Industries, Inc................  PHMSA-2005-23141-21
U.S. Nuclear Regulatory Commission  PHMSA-2005-23141-22
 (NRC).
Dangerous Goods Advisory Council    PHMSA-2005-23141-23
 (DGAC).
Canadian Trucking Alliance (CTA)..  PHMSA-2005-23141-24
CropLife America..................  PHMSA-2005-23141-25
Jerry Hayes.......................  PHMSA-2005-23141-26
------------------------------------------------------------------------

    Most commenters express support for the goals of this rulemaking; 
others raise concerns as discussed below. The NPRM primarily addressed 
the reformatting of the HMR sections addressing the authorization to 
use international standards. We proposed only minor changes to the 
specific requirements themselves. Some commenters mistakenly described 
current requirements incorporated into the reformatted sections as 
``proposed requirements'' and, in some cases, opposed the 
``revisions.'' Other commenters requested changes that were not 
proposed in the NPRM. These comments are beyond the scope of this 
rulemaking and are not addressed in this final rule. We direct these 
commenters to 49 CFR 106.95 for procedures to submit petitions for 
rulemaking.
    In this final rule, PHMSA is amending the HMR to revise, 
consolidate, and clarify the HMR provisions authorizing the use of the 
ICAO Technical Instructions, the IMDG Code, the Transport Canada TDG 
Regulations, and the IAEA Regulations, as previously contained in 
Sec. Sec.  171.11, 171.12 and 171.12a. The newly designated sections, 
as adopted in this final rule, will continue to permit both domestic 
and international shipments of hazardous materials to be offered for 
transportation and transported under the provisions of the applicable 
transport standards and regulations, subject to certain conditions and 
limitations. Additionally, we are consolidating the newly designated 
sections for the use of international standards and regulations into 
new Subpart C.

A. Incorporation by Reference Material

    In Sec.  171.7, we are incorporating by reference the most recent 
edition of the Transport Canada TDG Regulations, including Amendments 4 
and 5.
    Additionally, we are incorporating by reference the Canadian 
General Standards Board (CGSB) standard, CGSB-43.147 for the 
``Construction, Modification, Qualification, Maintenance and Selection 
and Use of Rail Tank Cars.'' The incorporation of these materials 
relates to our adoption of expanded provisions for the use of Canadian 
bulk packagings for transportation to and from the United States. As 
indicated below, this incorporation by reference maintains the high 
safety standard currently achieved under the HMR (see preamble 
discussion under ``Bulk Shipments to Canada'').

B. Consolidation of the Conditions and Limitations for Use of the ICAO 
Technical Instructions, IMDG Code, and TDG Regulations

    The HMR, ICAO Technical Instructions, IMDG Code, and the Transport 
Canada TDG Regulations are based on the UN Recommendations on the 
Transport of Dangerous Goods (UN Recommendations), which are model 
regulations issued by the UN Committee of Experts on the Transport of 
Dangerous Goods and the Globally Harmonized System of Classification 
and Labeling of Chemicals (UN COE). Currently, the conditions and 
limitations under which the ICAO Technical Instructions, IMDG Code, and 
TDG Regulations may be used for domestic transportation are set forth 
in Sec. Sec.  171.11, 171.12, and 171.12a. The authorizations to use 
the ICAO Technical Instructions, IMDG Code, and the Transport Canada 
TDG Regulations contain many of the same conditions and limitations for 
use. To eliminate redundancy, we proposed in the NPRM to consolidate 
and reformat these conditions and limitations into a single section 
that would apply to the use of all three standards.
    CropLife America and the Dangerous Goods Advisory Council (DGAC) 
are opposed to the consolidation and reformatting of the international 
standards as proposed in the NPRM. The two organizations suggest users 
of the HMR are familiar with the current format and assert the proposed 
formatting, if adopted, would create confusion and possibly ``hamper 
compliance with the regulations.'' The two commenters state ``Users of 
the HMR normally are only interested in the

[[Page 25164]]

additional requirements applying to requirements of one international 
body--not all three at one time. Consolidating the requirements forces 
the user to wade through numerous additional requirements not relevant 
to the particular international regulation of interest.'' DGAC suggests 
these actions will ``complicate compliance and may encourage other 
countries to reciprocate and apply minutely differing requirements 
based on their own domestic regulations.''
    We disagree with these commenters. We receive many questions each 
year from shippers and carriers expressing confusion about the 
conditions under which the international standards may be used for 
domestic transportation. Moreover, other commenters who address this 
issue (including TFI, Air Products, the American Trucking Associations, 
VOHMA, the Air Transport Association, and COSTHA) express support for 
the consolidation and reformatting proposed in the NPRM. We believe 
that expanding the level of detail applicable to the use of the 
international standards, combined with the reformatting proposed in the 
NPRM, will make the requirements clearer and easier to understand. 
Therefore, as proposed, we are consolidating into one section, Sec.  
171.22, those conditions and limitations applicable to all of the 
authorized international transport standards and regulations. Section 
171.23 is added for requirements pertaining to specific materials and 
packagings, Sec. Sec.  171.24-171.26 are added as separate sections 
specific to the additional provisions for each standard. The newly 
numbered sections are contained in new Subpart C of Part 171 as 
follows:
     Section 171.22, (previously contained in Sec.  171.11, 
171.12 and 171.12a), as adopted in this final rule, authorizes the 
offering, acceptance, and transportation of hazardous materials:

--By aircraft and motor vehicle in accordance with the ICAO Technical 
Instructions;
--By vessel, motor vehicle, or rail in accordance with the IMDG Code, 
provided all or part of the transportation is by vessel;
--By motor vehicle or rail in accordance with the Transport Canada TDG 
Regulations, for: (1) Shipments that originate in Canada and either 
terminate in the United States or transit the United States to a 
Canadian or foreign destination, or (2) certain bulk shipments to, 
from, or within the United States;
--By aircraft, vessel, motor vehicle, or rail for the transportation of 
radioactive materials in accordance with the IAEA Regulations for 
shipments imported into or exported from the United States or 
transiting the United States during transportation between places 
outside the United States.

     Section 171.23 specifies requirements for certain specific 
materials (such as combustible liquids, hazardous wastes, and organic 
peroxides) and packagings (such as cylinders, aerosols, and chemical 
oxygen generators) transported under the authorized international 
standards and regulations.
     Section 171.24 specifies the additional requirements 
unique to the use of the ICAO Technical Instructions.
     Section 171.25 specifies the additional requirements 
unique to the use of the IMDG Code.
     Section 171.26 specifies the additional requirements 
unique to the use of the IAEA Regulations.
    Note that additional requirements applicable to North American 
shipments are contained in Sec.  171.12. These requirements apply to 
use of the Transport Canada TDG regulations for shipments between the 
United States and Canada and to shipments into the United States from 
Mexico. Even though the Mexican standards, Normas Officiales Mexicanos 
(NOMs) and the Regulations for Land Transportation of Hazardous 
Materials and Waste, are to a considerable degree consistent with the 
HMR, differences do exist and shippers must exercise caution to ensure 
that shipments transported from Mexico into the United States are in 
full compliance with the applicable HMR requirements. For additional 
information and guidance for preparing shipments of hazardous materials 
between the United States and Mexico, you may access https://hazmat.dot.gov/nomslst.htm.
    In several places in the NRPM, we proposed to clarify that 
shipments transported in conformance with an international standard 
must also conform to all applicable requirements of the HMR. DGAC and 
CropLife objected to such phrases as ``all applicable requirements of 
this subchapter or part must be met.'' The commenters request we direct 
the user to the requirements by replacing the phrase with the specific 
regulatory citations for those parts, subparts, or sections of the HMR 
that apply. We note concerning these comments that this phrase and 
similar phrases are used throughout the HMR and that it is the 
responsibility of the shipper or carrier to be knowledgeable about all 
the HMR requirements applicable to its operations. From a practical 
standpoint, using specific citations would mean that we would have to 
amend these sections if the citations are revised in future 
rulemakings. The more general reference makes it easier to keep the 
regulations up to date. For these reasons, we are not adopting the 
CropLife and DGAC recommendation.

C. New Subparts Added to Part 171

    With the addition of Subpart C to Part 171, we are also adding new 
subparts to more appropriately separate the remaining sections in 
current Part 171. Subpart A is added to include the current provisions 
concerning the applicability of the HMR and general requirements for 
transportation, and provisions for the Paperwork Reduction Act, 
reference material, definitions and abbreviations, rules of 
construction, units of measure, and North American shipments. Subpart B 
is added to include the current provisions for incident reporting, 
approvals and authorizations issued by the Bureau of Explosives, 
submission of reports, and investigations and special studies. We did 
not propose revisions to the requirements in new Subparts A and B of 
Part 171. In this final rule, the reorganized subparts are adopted as 
proposed in the NPRM except, as indicated above, requirements 
applicable to Canadian and Mexican shipments are located in Sec.  
171.12.

D. Revisions to Current Conditions and Limitations for Use

    We are making several revisions to the current conditions and 
limitations for use of international standards and regulations, 
including: (1) Removing certain unnecessary requirements; (2) 
clarifying labeling requirements for limited quantities of Division 6.1 
materials in Packing Groups II and III; (3) clarifying requirements for 
the use of International Maritime Organization (IMO) Type 5 tanks; and 
(4) authorizing the use of the Transport Canada TDG Regulations for 
return shipments from the United States to Canada. These and other 
revisions are explained in more detail below.
1. Removal of Unnecessary HMR Requirements
    As proposed in the NPRM, we are removing the following conditions 
and limitations from the HMR because they have been incorporated into 
the most recent editions of the ICAO Technical Instructions, the IMDG 
Code, and the Transport Canada TDG Regulations and, therefore, are no 
longer necessary:

[[Page 25165]]

     The restriction in current Sec. Sec.  171.11(d)(12), 
171.12(b)(14), and 171.12a(b)(14) prohibiting use of international 
standards for the transportation of ammonium nitrate fertilizer or 
ammonium nitrate mixed fertilizer that meets the definition for a Class 
1 (explosive) material.
     The limitation on the use of abbreviations in current 
Sec. Sec.  171.11, 171.12 and 171.12a.
     The prohibition in current Sec.  171.12a(b)(6) from 
displaying a product identification number (PIN) preceding a UN number. 
PIN numbers are no longer authorized in the TDG Regulations.
    Currently, under Sec.  171.12a(b)(5)(vi), shipping papers for 
shipments of anhydrous ammonia prepared in accordance with the TDG 
Regulations must contain an indication that the markings, labels and 
placards have been applied in conformance with the TDG Regulations. In 
the NPRM, we proposed to remove this requirement because the NPRM 
included a proposal to require an indication on shipping papers of the 
regulation utilized for the shipments. We are not adopting the new 
shipping paper requirement in this final rule (see discussion below for 
a detailed explanation of the issue, comments received, and our 
decision this proposal). Therefore, we are retaining in this final rule 
the requirement specific to shipments of anhydrous ammonia.
    In addition, in response to a comment from TFI, we are modifying 
the limitations specific to the transportation of PIH materials to 
retain the language in current Sec.  171.12a(b)(5)(iv) that permits 
shipments of anhydrous ammonia to be labeled or placarded in accordance 
with TDG requirements. This language was inadvertently omitted in the 
NPRM. TFI also notes that in Sec.  171.102, Special Provision 13, which 
requires the words ``Inhalation Hazard'' to be entered on shipping 
papers and marked on packagings containing anhydrous ammonia, excepts 
anhydrous ammonia shipments from the shipping paper requirements in 
Sec.  172.203(m) applicable to materials that are poisonous by 
inhalation. TFI suggests that since we are incorporating the provisions 
of Sec.  172.203(m) into new Sec.  171.23(b)(10), Special Provision 13 
should be modified to include an exception from the requirements in 
Sec.  171.23(b)(10). We do not agree; we believe the revised text 
adopted in this final rule makes clear that shipments of anhydrous 
ammonia prepared in accordance with the Transport Canada TDG 
Regulations may be labeled and placarded in accordance with TDG 
requirements.
2. Division 6.1 PG II and III Limited Quantity Labeling Requirements
    In the NPRM, we proposed to clarify the current requirement that 
Division 6.1 materials transported as limited quantities are not 
excepted from labeling when shipped to, from, or within the United 
States under the ICAO Technical Instructions, IMDG Code, or the 
Transport Canada TDG Regulations. ATA opposes this requirement, 
suggesting that it may require carriers to add labels to certain 
imported materials. It is not our intention to require carriers to 
affix labels to packages that are not labeled in accordance with the 
HMR requirements. As we have said in previous rulemakings and letters 
of interpretation, a carrier may rely on information provided by the 
offeror of the hazardous material or a prior carrier, unless the 
carrier knows or, a reasonable person, acting in the circumstances and 
exercising reasonable care, would have knowledge that the information 
provided by the offeror or prior carrier is incorrect. Therefore, in 
this final rule, we are adopting the clarifying language as proposed in 
the NPRM.
3. Entering an Indication of the Transport Standard or Regulation Used 
on Shipping Papers
    In the NPRM, we proposed to require shippers to identify by acronym 
(ICAO, IMDG, TDG, or IAEA) on shipping papers the international 
standard or regulation under which a hazardous material shipment is 
being transported. We received several comments supporting and 10 
comments opposing the proposal. The commenters opposed to the 
requirement are FedEx Express, Air Products and Chemicals, Inc. (Air 
Products), PPG Industries, Inc. (PPG), American Trucking Associations, 
Inc. (ATA), National Tank Truck Carriers (NTTC), Air Transport 
Association of American (Air Transport Association), Dangerous Goods 
Advisory Council (DGAC), Association of Hazmat Shippers (AHS), The 
Estee Lauder Companies, Inc. (ELC) and the Association of American 
Railroads (AAR). The commenters in favor of the requirement are the 
International Vessel Operators Hazardous Materials Association, Inc. 
(VOHMA), the Council on Safe Transportation of Hazardous Articles 
(COSTHA), and Lawrence A. Duncan with the U.S. Coast Guard (USCG) 
Container Inspection Training and Assistance Team.
    Commenters supporting the proposal suggest that the lack of an 
identification of the standard or regulation under which a hazardous 
material is shipped causes unnecessary transportation delays and, thus, 
added costs to the shipper.
    Commenters opposing the proposal suggest that it is not necessary 
and could cause confusion. For example, FedEx calls the proposed change 
``unnecessary'' and states that such a requirement will cause shipments 
to be delayed and confuse shippers. DGAC states that any 
``justification'' for the requirement has diminished over time with 
increasing harmonization between the HMR and international regulations. 
DGAC further states that the requirement would be ``extremely 
burdensome.'' Some commenters state that the requirement would be 
repetitive and would cause costly modifications to computer systems.
    The Air Transport Association suggests we make the proposed 
requirement permissive and allow for the acronym to be placed in 
association with the basic description(s) of the hazardous materials.
    As stated in the NPRM, we believe that identifying the particular 
transport standard or regulation under which a shipment is transported 
would expedite shipments by providing on-the-spot information to 
inspectors, carrier personnel and freight forwarders that would 
facilitate transportation and avoid confusion and frustrated shipments. 
However, we agree with the commenters who suggest that the need for 
identification of the standard or regulation used to prepare the 
shipment has lessened over time with the increasing harmonization of 
domestic and international transportation standards. Moreover, we agree 
that the burden this requirement would impose on shippers would 
outweigh any benefits that might result from its adoption. Therefore, 
we are not adopting the proposal in this final rule. We note, however, 
that shippers who wish to do so may include the acronym on shipping 
papers if they so choose; no rule change is necessary to permit such an 
indication on a shipping paper.
4. Retention of Shipping Papers
    In the NPRM, we proposed to clarify that each person who receives a 
hazardous materials shipment must retain a copy of the shipping paper 
in accordance with Sec.  172.201(e). DGAC comments that we appeared to 
propose a more ``severe requirement'' in Sec.  171.22(g)(5) by 
proposing to require consignees to retain shipping papers. DGAC notes 
that neither the Federal hazardous materials transportation law (49 
U.S.C. 5101 et seq.) nor the HMR apply to consignees. DGAC appears to 
have misunderstood our intent. We did

[[Page 25166]]

not propose to expand the requirement to include consignees. The 
requirement continues to apply to each person who provides a shipping 
paper (see Sec.  172.201(e)) and each person who receives a hazardous 
material shipment that will continue in transportation (see Sec. Sec.  
174.24(b), 175.30(a)(2), 176.24(b) and 177.817(f)).
5. Including the Word ``Poison'' or ``Toxic'' on Shipping Papers
    We are removing from Sec.  171.23(b)(10) the proposed requirement 
to include the word ``Poison'' or ``Toxic'' on a shipping paper when 
the shipping name or class entry does not reflect the material as being 
poisonous. We removed this requirement under Docket HM-189Y (FR 70 
56084), published on September 23, 2005, as no longer necessary because 
Sec.  172.202(a)(2) requires the subsidiary hazard class(es) to be 
entered following the primary hazard class or division number.
6. Shipper's Certification
    In accordance with Sec.  172.204, unless otherwise excepted, each 
person who offers a hazardous material for transportation must certify 
that the material is offered in accordance with all applicable HMR 
requirements. This certification is accomplished through the offeror's 
signature below a statement certifying that the shipment is properly 
classified, described, packaged, marked and labeled, and in proper 
condition for transportation according to applicable DOT regulations. A 
similar certification statement is also required under the IMDG Code 
and ICAO, but not the Transport Canada TDG Regulations. In the NPRM, we 
proposed to require each shipper to provide a ``shipper's 
certification,'' as required by Sec.  172.204 of the HMR, for shipments 
being transported under all authorized international standards and 
regulations into the United States. The adoption of this requirement 
would align shipments being transported under the Transport Canada TDG 
Regulations with the other authorized international standards.
    AAR opposes this proposal. According to AAR, it will be extremely 
difficult to adapt the Electronic Data Interchange (EDI) system used to 
transmit information between railroads to include the proposed 
certification. AAR requests a two-year implementation period. We agree 
that additional time would be beneficial to companies who may have to 
adapt computer systems to accommodate the new requirement. In this 
final rule, we are providing two years from the date of publication of 
the final rule for implementation of the new certification requirement.
    FedEx and Air Transport also oppose the new certification 
requirement, stating that it would pose an economic burden on shippers 
offering hazardous materials that are excepted from the certification 
(such as diagnostic specimens and dry ice) under the ICAO Technical 
Instructions. The commenters suggest an amendment to the proposal that 
would continue to except such shipments from the shipper's 
certification requirement. Commenters appear to have misunderstood the 
NPRM proposal. It was not our intention to require a shipper's 
certification for shipments that are currently excepted from this 
requirement. However, the comments suggest a need to clarify this issue 
in the regulatory text. Therefore, in this final rule, we are adopting 
the requirement as proposed with the addition of the phrase ``unless 
otherwise excepted'' in the regulatory text to clarify that the 
existing exceptions from the shipping certification requirement are 
still in effect.
7. Use of IMO Type 5 Tanks
    In the NPRM, we proposed in Sec.  171.24 to clarify the conditions 
under which IMO Type 5 tanks are authorized for the transportation of 
hazardous materials. An IMO Type 5 tank is only authorized when 
specifically identified in the applicable packaging section of the HMR. 
If an IMO Type 5 tank is not specifically listed as an authorized 
packaging, the portable tank must meet DOT 51 or UN portable tank 
requirements. No commenters addressed this proposal. Therefore, it is 
adopted as proposed in the NPRM.
8. Bulk Shipments to Canada
    In the current Sec.  171.12a, the use of the Transport Canada TDG 
Regulations includes the return to Canada of empty bulk packages 
containing only a residue of the hazardous materials initially imported 
into the United States. We proposed in the NPRM to expand in Sec.  
171.26 the authorization to permit the use of bulk packagings 
authorized in the TDG regulations to transport hazardous materials 
while returning to Canada from the United States. Additionally, we 
requested comments concerning whether we should expand reciprocity and 
allow the use in domestic transportation in the United States of cargo 
tanks, rail tank cars, and portable tanks built to Canadian 
specifications as Canada permits the use in Canada of similar 
packagings built to U.S. specifications. We asked commenters to address 
whether there are safety or operational considerations we should 
examine before expanding reciprocal treatment beyond the amendments we 
proposed in the NPRM.
    ATA, NTTC, Air Products and CTA support expanded reciprocity to 
allow unrestricted use in the United States of cargo tanks constructed 
to Canadian specifications. AAR strongly supports reciprocity for tank 
cars, noting the current similarities between the two regulations.
    We agree with these commenters that expansion of authorization for 
use of the Transport Canada TDG Regulations in the United States will 
provide additional flexibility and is consistent with the reciprocity 
currently extended to the United States for DOT specification bulk 
packagings. We note in this regard that Transport Canada is considering 
implementing restrictions on the use in Canada of DOT specification 
cargo tanks, rail tank cars, and portable tanks that are similar to the 
restrictions we now place on bulk packagings manufactured in accordance 
with Canadian specifications. If implemented in Canada, such a 
restriction would limit U.S. carriers' operational flexibility and 
potentially increase transportation costs.
    PHMSA worked closely with Transport Canada to compare the cargo 
tank, rail tank car and portable tank requirements in the HMR and the 
TDG Regulations. We determined that the standards for design, 
manufacture, and requalification of cargo tanks, rail tank cars, and 
portable tanks in the TDG Regulations are equivalent to the standards 
for design, manufacture, and requalification of cargo tanks, rail tank 
cars, and portable tanks in the HMR. Further, according to Transport 
Canada, cargo tanks, rail tank cars, and portable tanks built to the 
Canadian specifications have a well-established history of safe 
operations. We reviewed the small number of incidents in the United 
States over the past several years involving cargo tanks, rail tanks 
cars, and portable tanks built to the Canadian specifications and found 
no evidence of safety problems attributable to flaws in the design or 
manufacturing specifications. NTTC and ATA agree that there is no 
safety rationale for continuing to deny full reciprocity to bulk 
packagings built to Canadian specifications.
    Therefore, we are authorizing the domestic use of portable tanks, 
cargo tank motor vehicles and rail tank cars manufactured in accordance 
with the TDG Regulations, provided the packagings conform to all 
applicable operational requirements specified in Parts 173, 177, and 
180 of the HMR. Thus, a portable tank, cargo tank, or rail

[[Page 25167]]

tank car conforming to the TDG regulations may be used for 
transportation within the United States provided an equivalent 
packaging is authorized under the HMR and the bulk packaging conforms 
to operational requirements specific to each bulk packaging type. For 
example, a cargo tank motor vehicle constructed in accordance with the 
TDG regulations may be used in the United States provided it conforms 
to the HMR requirements applicable to loading, maximum lading pressure, 
pressure relief devices, retention of lading in piping, and emergency 
discharge control systems. As a result of this amendment, we are 
revising Sec. Sec.  171.31, 171.32 and 171.33 to reflect the 
authorization. We are also revising the HMR to clarify the parts of the 
HMR applicable to Canadian specification bulk packagings (for example, 
hazardous material authorizations in the Sec.  172.101 Hazardous 
Materials Table (HMT) Special Provision B Codes, material specific 
requirements in Part 173, operational requirements in Parts 174 and 177 
for rail and motor vehicle transportation, and periodic testing and 
inspection requirements in Part 180). These amendments will ensure that 
bulk packagings constructed in accordance with the Canadian 
specifications will conform to all applicable HMR requirements when 
operated in the United States, thus maintaining the level of safety 
currently achieved under the HMR.
    We note concerning this provision that shippers may use a portable 
tank, cargo tank motor vehicle or rail tank car equivalent to a 
corresponding DOT specification and conforming to and authorized by the 
Transport Canada TDG Regulations provided an equivalent type of 
packaging is authorized for the hazardous material in the HMR. 
Generally, an equivalent type of packaging will be one with same 
specification number as a U.S. packaging. Thus, an equivalent type of 
packaging to the MC 331 cargo tank authorized in the HMR is the TC 331 
cargo tank authorized in the TDG regulations.
    As proposed in the NPRM, in Sec.  171.26 (previously Sec.  
171.12a(a)), we are removing the statement concerning TDG reciprocal 
provisions for U.S. shipments. The statement is not regulatory in 
nature and, therefore, is not appropriate for inclusion in the HMR. We 
also are removing the information currently contained in Sec.  
171.12a(b) that tells the reader how to obtain copies of the Transport 
Canada TDG Regulations; this is covered in the Reference Material 
provisions of Sec.  171.7.

E. Combustible Liquids

    In the NPRM, we stated that under the HMR, a material with a 
flashpoint of 38 [deg]C (100 [deg]F) or more but less than 60.5 [deg]C 
(141 [deg]F), may be classed as a combustible liquid when packaged in a 
non-bulk package. Since publication of the NPRM, a final rule under 
Docket PHMSA-06-25476 (HM-215I) at 71 FR 78596 published on December 
29, 2006, adopted an amendment to revise the combustible liquid 
definition's lower limit to 60 [deg]C (140 [deg]F). Therefore, based on 
the new definition, such materials are not subject to the provisions of 
the HMR when transported by highway or rail. However, these same 
materials are regulated as flammable liquids when transported by vessel 
in accordance with the IMDG Code or by air under the ICAO Technical 
Instructions. In the NPRM, we proposed to add a statement to new Sec.  
171.23 indicating that a material reclassed as a combustible liquid 
under the HMR may require classification as a flammable liquid when 
offered for transportation or transported internationally.
    ATA comments that the proposed language is permissive and fails to 
establish a specific standard for the transportation of combustible 
liquids under the international standards. Upon reconsideration, we 
agree that recommendatory language generally is not appropriate for 
inclusion in regulatory text. Therefore, we are not adopting the 
provision in this final rule.
    ATA further suggests that, in the short term, flammable liquids 
reclassed as combustible liquids should continue to be excepted from 
placarding requirements and, in the long term, the combustible liquids 
classification should be abolished. ATA's comments are beyond the scope 
of this rulemaking; we will consider them in a future rulemaking.
    A material with a flashpoint greater than 60 [deg]C (140 [deg]F) is 
not regulated as a hazardous material under the ICAO Technical 
Instructions or the IMDG Code; however, a material with a flashpoint 
between 60 [deg]C (140 [deg]F) and 93 [deg]C (200 [deg]F) is regulated 
as a combustible liquid under the HMR. When transported in bulk 
packages, a combustible liquid must be placarded with a COMBUSTIBLE 
placard (see Sec.  172.544). The COMBUSTIBLE placard is not recognized 
overseas; therefore, shipments prepared in accordance with the HMR may 
be frustrated internationally by inspectors and enforcement personnel 
who are not familiar with the U.S. requirements. To avoid such 
frustration, shippers and carriers may remove the COMBUSTIBLE placard 
prior to placing the shipment on board a vessel for overseas shipment. 
However, these efforts are complicated by the requirement for the 
COMBUSTIBLE placard to remain on bulk packages while in the United 
States. Shipments originating overseas and bound for the United States 
encounter a similar problem when the shipment arrives in the United 
States, and the COMBUSTIBLE placard must be affixed prior to the 
shipment's movement. In the NPRM, we proposed to provide an exception 
from placarding for bulk shipments of combustible liquids in port 
areas.
    DGAC and VOHMA support the proposal to except combustible liquids 
shipments from placarding requirements in port areas. Both 
organizations view the proposal as a positive solution to the problem 
of incompatible domestic and international regulations applicable to 
the transportation of combustible liquids.
    Air Products and Owen Bugg express reservations regarding the 
proposed exception. These commenters state that under the proposed 
exception, shipments could sit at a port for several days without 
information for emergency responders. The commenters add that this may 
lead to segregation and enforcement complications because ``port area'' 
is not defined under the HMR, and enforcement officers may have varying 
interpretations of its meaning. The commenters suggest clarifying the 
issue by defining ``port area.''
    Based on the comments received as well as our own additional 
analysis and review, we believe several issues as they relate to the 
use of placards for combustible liquids must be further studied before 
we modify regulations for domestic shipments of materials to 
international destinations. Among the issues that need further review, 
clarification and development are the definition of ``port area,'' 
hazard communications, emergency responder notification and other 
related critical safety issues. Therefore, in this final rule, we are 
not adopting the exception as proposed in the NPRM. However, we will 
continue to consider this issue as part of a review of all the 
regulatory requirements applicable to combustible liquids, as discussed 
in the following paragraph.
    VOHMA raised a number of additional concerns about combustible 
liquids including concerns about improper documentation of flammable 
liquids with a flashpoint above 38 [deg]C (93 [deg]F) that are 
reclassed as combustible liquids being improperly transported by

[[Page 25168]]

vessel. These issues are beyond the scope of this rulemaking. However, 
PHMSA has initiated a review of the regulations applicable to the 
transportation of combustible liquids. This review will consider the 
transportation risk posed by these materials and differences between 
the domestic and international requirements for combustible liquids 
with a view towards determining whether the domestic regulations should 
be modified to more appropriately address the transportation risks of 
these materials. This effort will include a review of classification 
criteria, packaging requirements, shipping documentation, and hazard 
communication.

F. Cylinders in Port Area

    In the NPRM, we proposed to consolidate current provisions 
governing the limitations on the use of international standards for the 
transportation of hazardous materials in cylinders. We did not propose 
changes to the conditions under which non-DOT specification cylinders 
may be used within the United States. Since publication of the NPRM, 
PHMSA published a final rule under Docket Number HM-220E (June 12, 
2006; 71 FR 33858) adopting standards for the design, construction, 
maintenance, and use of cylinders and multiple element gas containers 
contained in the UN Recommendations. The HM-220E final rule revised 
current Sec.  171.12 to specify the conditions and limitations on the 
use of UN cylinders in the United States. In this final rule, we are 
incorporating without change the revised provisions of Sec.  171.12 
into new Sec.  171.23(a).
    Additionally, we moved the cylinder import/export requirements from 
current paragraphs (k) and (l) in Sec.  173.301 to new Sec.  171.23 and 
the Canadian cylinder requirements from paragraph (m) of Sec.  173.301 
to new Sec.  171.26. Section 173.301(j) is revised and paragraph (n) is 
redesignated as paragraph (k).

G. Authorization To Use TC Specification Cylinders

    Currently, the HMR authorize the use of Canadian Transport 
Commission (CTC) specification cylinders that are manufactured, 
originally marked, and approved in accordance with the Transport Canada 
TDG Regulations and in full conformance with the TDG Regulations, 
provided certain requirements are met. In the NPRM, we proposed to 
expand this authorization to include Transport Canada (TC) 
specification cylinders. We received a comment from the National 
Propane Gas Association (NPGA) supporting the facilitation of 
international transportation of hazardous materials, but raising 
concerns about our proposal. NPGA questions whether the markings on the 
cylinders will be in metric units and recommends that we authorize dual 
markings in both metric and non-metric units of measurements.
    Upon revisiting the issue, we realized that in addition to the 
marking requirements, the HMR would need updating to reflect the 
correct filling and requalification cites applicable to the TC 
cylinders. The proposed authorization for use of TC cylinders is not 
being adopted in this final rule; however, PHMSA will address TC 
cylinders in an upcoming rulemaking.

G. Training Requirements

    Currently, the HMR permit training related to the requirements of 
the ICAO Technical Instructions and the IMDG Code as an alternative to 
function specific training on the requirements of the HMR. In the NPRM, 
we proposed to require hazmat employees to be provided training on the 
international standards in addition to function-specific training on 
the requirements of the HMR.
    Four commenters (DGAC, Croplife, AAR, and ATA) object to the 
proposed revision to the training requirements. DGAC and Croplife note 
their understanding that the current function-specific training 
provisions require training on those sections of the ICAO Technical 
Instructions or IMDG Code that are relevant to a hazmat employee's 
responsibilities. DGAC and Croplife suggest that revised language is 
unnecessary and could result in confusion on the degree to which the 
additional training is required. DGAC and Croplife recommend we clarify 
this issue through guidance rather then rulemaking. AAR expresses 
concern that, since the revision was not discussed in the preamble to 
the NPRM, it is unclear what additional training would be required, why 
it is necessary, or the cost implications for the industry. ATA 
suggests it will be extremely difficult and expensive to train truck 
drivers on the requirements of both the HMR and the international 
regulations.
    DGAC and Croplife are correct that, under the current function 
specific training requirements in Sec.  172.704, hazmat employees 
should be trained on those sections of the ICAO Technical Instructions 
or IMDG Code that apply to a hazmat employee's responsibilities. 
However, we agree with those commenters who suggest that we do not 
currently have adequate information on the potential impacts of the 
proposed revision to mandate training for hazmat employees on the 
international standards in addition to function-specific training on 
the requirements of the HMR. Therefore, we are not adopting it in this 
final rule. We may consider this issue in a future rulemaking.

H. Incorporating Complete Text

    As proposed in the NPRM, we are minimizing references in the 
regulatory text to other sections and parts of the HMR by incorporating 
the complete text for certain requirements in place of the reference 
number. This revision is being made to facilitate use of the HMR by 
minimizing the frequency with which the user will need to refer to 
other sections of the HMR.

III. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    Under Sec.  5120(b) of Federal hazmat law, the Secretary of 
Transportation must ensure that, to the extent practicable, regulations 
governing the transportation of hazardous materials in commerce are 
consistent with standards adopted by international authorities. We are 
making revisions to the requirements authorizing the use of 
international standards and regulations in the United States. The 
continually increasing amount of hazardous materials transported in 
international commerce warrants harmonization of domestic and 
international requirements to the greatest extent possible. 
Harmonization serves to facilitate international transportation; more 
importantly, harmonization ensures the safety of people, property, and 
the environment by reducing the potential for confusion and 
misunderstanding that could result if shippers and transporters were 
required to comply with two or more conflicting sets of regulatory 
requirements.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and was not reviewed by the 
Office of Management and Budget. This final rule is a non-significant 
rule under the Regulatory Policies and Procedures of the Department of 
Transportation [44 FR 11034].
    This final rule reorganizes and clarifies the conditions and 
limitations on the use of international standards and regulations for 
transporting hazardous materials in the United

[[Page 25169]]

States. The final rule also removes unnecessary and outdated 
requirements and includes provisions to increase shipper flexibility 
for the transport of hazardous materials. The final rule imposes a new 
requirement for shippers to provide a shipper's certification for 
shipments transported into the United States under the Transport Canada 
TDG Regulations. Such a certification is already required under the 
HMR, ICAO Technical Instructions, and IMDG Code, and we believe that 
most Canadian shippers already include such a certification on 
shipments into the United States. Moreover, we are providing a two-year 
transition period to minimize potential cost impacts. The final rule 
also provides for expanded exceptions concerning the use of bulk 
packagings manufactured in accordance with Canadian standards. The 
exceptions provide increase flexibility for both shippers and carriers 
and will facilitate the international transportation of hazardous 
materials, thereby reducing overall transportation costs, while 
maintaining the current level of safety currently achieved under the 
HMR.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). Any 
rule resulting from this rulemaking will preempt State, local and 
Indian tribe requirements but will not have substantial direct effects 
on the States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    The Federal hazmat law contains an express preemption provision (49 
U.S.C. 5125(b)) that preempts State, local, and Indian tribe 
requirements on certain covered subjects. Covered subjects are:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous materials; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses covered subject items (1), (2), (3), and 
(5) above and would preempt State, local, and Indian tribe requirements 
not meeting the ``substantively the same'' standard. Federal hazmat law 
provides at section 5125(b)(2) that, if DOT issues a regulation 
concerning any of the covered subjects, DOT must determine and publish 
in the Federal Register the effective date of Federal preemption. The 
effective date may not be earlier than the 90th day following the date 
of issuance of the final rule and not later than two years after the 
date of issuance. The effective date of Federal preemption for this 
rule is August 1, 2007.

D. Executive Order 13175

    This final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not have tribal implications and does not impose substantial 
direct compliance costs, the funding and consultation requirements of 
Executive Order 13175 do not apply.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines the rule is not expected to have a 
significant impact on a substantial number of small entities. While the 
requirements in this final rule apply to a substantial number of small 
entities, there will not be a significant economic impact on those 
small entities.
    Identification of potentially affected small entities. Businesses 
likely to be affected by the rule are persons who offer for 
transportation or transport hazardous materials in commerce, including 
hazardous materials manufacturers and distributors; transportation 
companies, including air, highway, rail, and vessel carriers; hazardous 
waste generators; and container and packaging manufacturers.
    Unless alternative definitions have been established by the agency 
in consultation with the Small Business Administration (SBA), the 
definition of ``small business'' has the same meaning as under the 
Small Business Act. Because no such special definition has been 
established, we employ the thresholds published by SBA for 
establishments that will be subject to the adopted amendments. Based on 
data for 2002 compiled by the U.S. Census Bureau, upwards of 95 percent 
of persons that would be affected by this rule are small businesses.
    Reporting and recordkeeping requirements. This final rule includes 
no new requirements for reporting or recordkeeping.
    Related Federal rules and regulations. There are no related Federal 
rules or regulations governing the transportation of hazardous 
materials in domestic or international commerce.
    Alternate proposals for small businesses. The Regulatory 
Flexibility Act directs agencies to establish exceptions and differing 
compliance standards for small businesses, where it is possible to do 
so and still meet the objectives of applicable regulatory statutes. In 
the case of hazardous materials transportation, it is not possible to 
establish exceptions or differing standards and still accomplish our 
safety objectives.
    Conclusion. While the final rule will apply to a substantial number 
of small entities, there will not be a significant impact on those 
entities. This final rule reorganizes and clarifies the conditions and 
limitations on the use of international standards and regulations for 
transporting hazardous materials in the United States. The final rule 
also removes unnecessary and outdated requirements and includes 
expanded exceptions to increase shipper flexibility for the transport 
of hazardous materials to Canada. The exceptions provide increased 
flexibility for both shippers and carriers and will facilitate the 
international transportation of hazardous materials, thereby reducing 
overall transportation costs, while maintaining the safety standard 
currently achieved under the HMR.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
rules on small entities are properly considered.

F. Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN contained in the heading

[[Page 25170]]

of this document can be used to cross-reference this action with the 
Unified Agenda.

H. Unfunded Mandates Reform Act

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$120.7 million or more to either State, local or tribal governments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4321 et seq.) requires each Federal agency to consider and analyze the 
environmental consequences of its actions. The analysis helps determine 
if the action is a major action that may significantly affect the 
quality of the human environment.
    We regulate hazardous materials transported by aircraft, vessel, 
rail, and highway. The potential for environmental damage or 
contamination exists when packages of hazardous materials are involved 
in accidents or en route incidents resulting from cargo shifts, valve 
failures, package failures, or loading, unloading, or handling 
problems. The ecosystems that could be affected by a release include 
air, water, soil, and ecological resources (for example, wildlife 
habitats). The adverse environmental impacts associated with releases 
of most hazardous materials are short-term impacts that can be greatly 
reduced or eliminated through prompt clean up of the accident scene. 
Most hazardous materials are not transported in quantities sufficient 
to cause significant, long-term environmental damage if they are 
released.
    The hazardous material regulatory system is a risk management 
system that is prevention oriented and focused on identifying a hazard 
and reducing the probability and quantity of a hazardous material 
release. Hazardous materials are categorized by hazard analysis and 
experience into hazard classes and packing groups. The regulations 
require each shipper to classify a material in accordance with these 
hazard classes and packing groups; the process of classifying a 
hazardous material is itself a form of hazard analysis. Further, the 
regulations require the shipper to communicate the material's hazards 
through use of the hazard class, packing group, and proper shipping 
name on the shipping paper and the use of labels on packages and 
placards on transport vehicles. Thus the shipping paper, labels, and 
placards communicate the most significant findings of the shipper's 
hazard analysis. A hazardous material is assigned to one of three 
packing groups based upon its degree of hazard, from a high hazard, 
Packing Group I to a low hazard, Packing Group III material. The 
quality, damage resistance, and performance standards of the packaging 
in each packing group are appropriate for the hazards of the material 
transported.
    The changes made to the HMR in this final rule will improve the 
effectiveness of the HMR by clarifying the conditions under which 
international transport standards and regulations may be used for 
shipments transported in the United States. When used as authorized in 
this final rule, the international standards and regulations provide an 
equivalent level of safety and environmental protection as the HMR. 
Therefore, there are no significant environmental impacts associated 
with this final rule.

J. Privacy Act

    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78), which may also be found at https://dms.dot.gov.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference, 
Packaging and containers, Radioactive materials, Reporting and 
recordkeeping requirements, Uranium.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Incorporation by 
reference, Radioactive materials, Reporting and recordkeeping 
requirements.

49 CFR Part 176

    Hazardous materials transportation, Maritime carriers, Radioactive 
materials, Reporting and recordkeeping requirements.


0
In consideration of the foregoing, we are amending 49 CFR Chapter I as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.

0
2. In part 171, designate Sec. Sec.  171.1 through 171.14 as subpart A 
and add a new subpart A heading immediately before Sec.  171.1 to read 
as follows:

Subpart A--Applicability, General Requirements, and North American 
Shipments

* * * * *


Sec.  171.7  [Revised]

0
3. In Sec.  171.7, in paragraph (a)(3), in the Table of Material 
Incorporated by Reference, the following changes are made:
0
a. The entry ``Canadian General Standards Board'' is added in 
alphabetical order.
0
b. Under the entry ``International Atomic Energy Agency (IAEA),'' 
revise the entry ``IAEA, Regulations for the Safe Transport of 
Radioactive Material, 1996 Edition (Revised), No. TS-R-1 (ST-1, 
Revised)'' by adding the words ``(IAEA Regulations)'' after the wording 
``Regulations for the Safe Transport of Radioactive Material'', and in 
the second column, remove ``171.12'' and add ``171.22; 171.23; 171.26'' 
in its place.
0
c. Under the entry ``International Civil Aviation Organization 
(ICAO)'', in the entry ``Technical Instructions for the Safe Transport 
of Dangerous Goods by Air (ICAO Technical Instructions), 2007-2008 
Edition'', in the second column, remove ``171.11'' and add ``171.22; 
171.23; 171.24; 175.33'' in its place.
0
d. Under the entry ``International Maritime Organization (IMO)'', in 
the entry ``International Maritime Dangerous Goods Code (IMDG Code), 
2006 Edition, Incorporating Amendment 33-06 (English Edition), Volumes 
1 and 2'', in the second column, remove ``171.12'' and add ``171.22; 
171.23; 171.25'' in its place.
0
e. Under the entry ``Transport Canada'', revise the entire entry for 
``Transportation of Dangerous Goods (TDG) Regulations, August 2001

[[Page 25171]]

including Clear Language Amendments SOR/2001-286, Amendment 1 (SOR/
2002-306) August 8, 2002; Amendment 2 (SOR/2003-273) July 24, 2003; and 
Amendment 3 (SOR/2003-400) December 3, 2003.''
0
f. Under the entry ``United Nations'', revise the entry ``UN 
Recommendations on the Transport of Dangerous Goods (UN 
Recommendations), Fourteenth revised edition (2005), Volumes I and 
II'', in the second column, remove ``171.12'' and add ``171.28'' in its 
place, and add ``173.56'' in appropriate numerical order.
    The additions read as follows:


Sec.  171.7  Reference material.

    (a) * * *
    (3) Table of material incorporated by reference.
* * * * *

------------------------------------------------------------------------
     Source and name of material               49 CFR reference
------------------------------------------------------------------------
 
                              * * * * * * *
Canadian General Standards Board,     171.12
 Place du Portage III, 6B1 11.
Laurier Street, Gatineau, Quebec,
 Canada K1A 1G6
    National Standard of Canada (CAN/
     CGSB 43.147--2005)
     Construction, Modification,
     Qualification, Maintenance, and
     Selection and Use of Means of
     Containment for the Handling,
     Offering for Transport, or
     Transportation of Dangerous
     Goods by Rail.
 
                              * * * * * * *
Transport Canada * * *
    Transportation of Dangerous       171.12; 171.22; 171.23; 172.401;
     Goods Regulations (Transport      172.502; 172.519; 172.602;
     Canada TDG Regulations), August   173.31; 173.32; 173.33
     2001 including Clear Language
     Amendments SOR/2001-286,
     Amendment 1 (SOR/2002-306)
     August 8, 2002; Amendment 2
     (SOR/2003-273) July 24, 2003;
     Amendment 3 (SOR/2003-400)
     December 3, 2003; Amendment 4
     (SOR/2005-216) July 13, 2005;
     and Amendmen