Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods Model Regulations, International Maritime Dangerous Goods Code, International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air, and Transport Canada's Transport of Dangerous Goods Regulations, 53982-53987 [E9-25358]
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Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Proposed Rules
relocation activities, as provided in this
subpart. Agencies that spend $5 million
per year or less are also welcome to
participate.
components, so long as the sum of all
those reports represents all relocation
activity in the agency.
[FR Doc. E9–25334 Filed 10–20–09; 8:45 am]
§ 302–1.103 What data collection
processes will GSA employ for employee
relocation?
BILLING CODE 6820–14–P
(a) GSA collects transaction-level
data, which is stored in a data
warehouse and made available for
analysis to appropriate officials.
(b) In addition, reporting agencies
must submit annual summary reports to
GSA, signed by a senior executive as
specified in FTR 302–1.108.
DEPARTMENT OF TRANSPORTATION
§ 302–1.104 What data must we provide to
the GSA relocation data warehouse?
GSA works with the affected agencies
to develop the data elements and report
format for this information, and
publishes the specific requirements in a
series of FTR bulletins. These bulletins
provide the data dictionary and details
on the reporting processes (i.e., annual
and transactional). FTR bulletins are
available through https://www.gsa.gov/
ftrbulletins.
§ 302–1.105 When must we collect the data
for the GSA relocation data warehouse?
The affected agencies must collect the
data elements listed in the data
dictionary from every relocation
transaction that includes one or more of
the required data elements. This
includes all travel authorizations for
relocation, plus allowances,
reimbursements, and direct payments to
vendors.
§ 302–1.106 When must we send the data
to the GSA relocation data warehouse?
The affected agencies must send the
specified data to the GSA warehouse at
least quarterly. There is no maximum
frequency; agencies may send data to
the warehouse daily if they choose to do
so.
§ 302–1.107 What data must we send to
GSA in our annual report?
GSA specifies the data elements,
format, and due date for the current
annual report in an FTR bulletin. FTR
bulletins are available through https://
www.gsa.gov/ftrbulletins.
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§ 302–1.108
report?
Who must sign the annual
The annual report must be signed by
a senior executive who has the authority
to ensure that the data provided to the
data warehouse and in the annual report
are accurate, complete, and reliable.
§ 302–1.109 May an agency report at the
bureau level?
Yes, an agency may send multiple
reports from different bureaus or
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Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 172, 173, 174, 175,
176, 177, 178, 179, 180
[Docket Nos. PHMSA–2009–0126 (HM–
215K)]
[RIN 2137–AE45]
Hazardous Materials: Harmonization
With the United Nations
Recommendations on the Transport of
Dangerous Goods Model Regulations,
International Maritime Dangerous
Goods Code, International Civil
Aviation Organization Technical
Instructions for the Safe Transport of
Dangerous Goods by Air, and
Transport Canada’s Transport of
Dangerous Goods Regulations
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Advanced notice of proposed
rulemaking (ANPRM).
SUMMARY: PHMSA is considering
amending the Hazardous Materials
Regulations (HMR) by incorporating
various amendments to international
standards and modal regulations,
including changes to proper shipping
names, hazard classes, packing groups,
special provisions, and packaging
authorizations. These amendments may
be necessary to harmonize the HMR
with revised editions of the United
Nations Recommendations on the
Transport of Dangerous Goods Model
Regulations and Manual of Tests and
Criteria, the International Maritime
Organization’s Dangerous Goods Code,
the International Civil Aviation
Organization’s Technical Instructions
for the Safe Transport of Dangerous
Goods by Air and Transport Canada’s
Transport of Dangerous Goods
Regulations. In this notice, we are
soliciting public comment regarding the
safety consequences, regulatory burden,
and cost implications of some of the
more significant amendments adopted
or under consideration for adoption in
these international standards.
DATES: Comments must be received by
January 19, 2010.
ADDRESSES:
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Comments: You may submit
comments identified by the docket
number PHMSA–2009–0126 by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations, U.S.
Department of Transportation, West
Building, Ground Floor, Room W12–
140, Routing Symbol M–30, 1200 New
Jersey Avenue, SE., Washington, DC
20590.
• Hand Delivery: To Docket
Operations, Room W12–140 on the
ground floor of the West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Instructions: All submissions must
include the agency name and docket
number for this notice at the beginning
of the comment. Note that all comments
received will be posted without change
to the Federal eRulemaking Portal,
including any personal information
provided.
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://www.dot.gov.
Docket: For access to the dockets to
read background documents or
comments received, go to https://
www.regulations.gov or DOT’s Docket
Operations Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT:
Michael Stevens, Office of Hazardous
Materials Standards, telephone (202)
366–8553, or Shane Kelley,
International Standards, telephone (202)
366–0656, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue, SE., 2nd Floor,
Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION:
I. Background
II. International Standards and Modal
Regulations for Review
A. Sixteenth Revised Edition of the United
Nations Recommendations on the
Transport of Dangerous Goods Model
Regulations (UN Model Regulations)
1. Noteworthy Amendments
2. Additional Amendments
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B. Fourth Revised Edition of the United
Nations Recommendations on the
Transport of Dangerous Goods, Manual
of Tests and Criteria (UN Manual of
Tests and Criteria)
C. 2011–2012 Edition of the International
Civil Aviation Organization’s Technical
Instructions for the Safe Transport of
Dangerous Goods (ICAO Technical
Instructions)
D. 2010 Edition (Amendment 35–10) of the
International Maritime Dangerous Goods
Code (IMDG Code)
E. Amendments 6 and 7 to Transport
Canada’s Transport of Dangerous Goods
Regulations (TDG Regulations)
F. Amendments to the International
Standards and Modal Regulations Under
Consideration in Separate Dockets
III. Request for Comments
IV. Regulatory Analyses and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
B. Executive Order 13132
C. Executive Order 13175
D. Regulatory Flexibility Act, Executive
Order 13272, and DOT Policies and
Procedures
E. Paperwork Reduction Act
F. Environmental Assessment
G. Privacy Act
H. International Trade Analysis
I. Statutory/Legal Authority for the
Rulemaking
J. Regulatory Identifier Number (RIN)
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I. Background
On December 21, 1990, the Research
and Special Programs Administration
(RSPA), the predecessor agency to the
Pipeline and Hazardous Materials Safety
Administration (PHMSA) published a
final rule (Docket HM–181; 55 FR
52402) based on the UN Model
Regulations to comprehensively revise
the Hazardous Materials Regulations
(HMR), 49 CFR parts 171 to 180, for
harmonization with the international
standards. Since publication of the 1990
final rule, we have issued seven
additional international harmonization
final rules, (Dockets HM–215A, 59 FR
67390; HM–215B, 62 FR 24690; HM–
215C, 64 FR 10742; HM–215D, 66 FR
33316; HM–215E, 68 FR 44992; HM–
215G, 69 FR 76044; and HM–215J, 74
FR 2199). The rulemakings provided
additional harmonization with
international transportation
requirements by aligning the HMR with
corresponding updates of the United
Nations Recommendations on the
Transport of Dangerous Goods Model
Regulations, United Nations
Recommendations on the Transport of
Dangerous Goods, Manual of Tests and
Criteria, International Civil Aviation
Organization’s Technical Instructions
for the Safe Transport of Dangerous
Goods, International Maritime
Dangerous Goods Code, and Transport
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Canada’s Transport of Dangerous Goods
Regulations.
The UN Model Regulations are not
regulations, but rather are recommended
standards issued by the UN SubCommittee of Experts on the Transport
of Dangerous Goods (UN SubCommittee of Experts). These
recommendations are amended and
updated biennially and serve as the
basis for many national, regional and
international modal regulations.
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 section 5120).
Harmonization of domestic and
international standards becomes
increasingly important as the volume of
hazardous materials transported in
international commerce grows and the
cost of conducting international
commerce increases. Harmonization
facilitates international trade by
minimizing the costs and other burdens
of complying with multiple or
inconsistent safety requirements for
transportation of hazardous materials to
and from the United States. By
facilitating compliance with
international standards, harmonization
also tends to enhance safety for
international movements, but only if the
international standards themselves
provide an appropriate level of safety.
To that end, PHMSA actively
participates in the development of
international standards for the
transportation of hazardous materials,
frequently advocating the adoption in
international standards of particular
HMR requirements. When considering
the adoption of international standards
and regulations under the HMR, we
review and consider each amendment
on its own merit, including an
assessment of its overall impact on
transportation safety and the economic
implications associated with its
adoption into the HMR. Our goal is to
harmonize without diminishing the
level of safety currently provided by the
HMR and without imposing undue
burdens on the regulated public.
In this notice, we are soliciting
comments on amendments made to or
proposed for the international standards
and modal regulations to aid in our
review and consideration of whether the
changes should be adopted into the
HMR. We encourage interested parties
to review the changes made to these
international standards and modal
regulations through the links to
resources that we provide below.
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53983
II. International Standards and Modal
Regulations for Review
This notice solicits comments
regarding the sixteenth revised edition
of the UN Model Regulations, the fourth
revised edition of the UN Manual of
Tests and Criteria, the 2011–2012
edition of the ICAO Technical
Instructions, the 2010 edition of the
IMDG Code (Incorporating Amendment
35–10), and Amendments 6 and 7 of the
TDG Regulations. We are particularly
interested in data and information
demonstrating possible transportation
safety impacts, which will help us to
evaluate whether to propose adoption of
any of the international revisions into
the HMR. We are also seeking data and
information on potential compliance
costs that would result from adoption
into the HMR of the international
revisions.
A. Sixteenth Revised Edition of the
United Nations Recommendations on
the Transport of Dangerous Goods
Model Regulations (UN Model
Regulations)
Recently, the UN Sub-Committee of
Experts issued amendments to be
incorporated in the upcoming sixteenth
revised edition of the UN Model
Regulations. The amendments range
from routine editorial corrections to
significant changes to standards for
classification criteria, hazard
communication and authorized
packaging. We are in the process of
reviewing these amendments and will
be considering the amendments for
adoption in the HMR.
1. Noteworthy Amendments
We believe a number of the
amendments to the UN Model
Regulations may be of particular interest
to the regulated community. We are
highlighting these amendments to give
interested parties an opportunity to
provide comment and feedback on the
transportation safety impacts, economic
implications, and compliance burdens
of these amendments. Information
provided in response to this notice will
help us determine whether to propose
adoption of these amendments into the
HMR. Below is a listing of important
amendments to the UN Model
Regulations we believe needs public
input, with a brief explanation of each
amendment.
• Classification of Sour Crude Oil: At
the 33rd Session of the UN SubCommittee of Experts in July 2008, the
expert from Canada noted that the
transportation of sour crude oil may
pose additional risks due to its inherent
characteristic of ‘‘off-gassing’’ hydrogen
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sulfide, a highly toxic and flammable
gas. Sour crude oil, as opposed to
‘‘sweet’’ crude oil, contains a high
concentration of sulfur and is
commonly found in North America. Offgassing is the evolution of vapors from
a liquid substance that is created due to
temperature, packaging confinement,
transport conditions (e.g., sloshing),
bacteria and sulfur concentration,
among many other potential factors. As
a result, the UN Model Regulations were
amended by assigning a new
identification number and shipping
description for sour crude oil with a
flammable primary hazard and a toxic
subsidiary hazard. Additionally, a new
special provision which specifies the
Packing Group (PG) assignment was
created for this entry based on the
degree of danger presented by either the
flammability or inhalation toxicity
hazard of the sour crude oil. For
example, sour crude oil meeting
flammability criteria for Class 3, PG II,
and toxicity criteria for Division 6.1, PG
I, poisonous-by-inhalation, would be
classified as a Class 3, PG I material. We
invite commenters to provide data and
information concerning the impact on
domestic shippers and carriers if these
requirements are adopted in the HMR.
We also are interested in comments
addressing which hazard
communication methods (e.g., package
markings, shipping papers) and/or
packaging requirements are most costeffective to reduce the hazards of
transporting sour crude oil. The working
documents (ST/SG/AC.10/C.3/2008/12
and ST/SG/AC10/C.3/2008/96) for this
issue can be found at https://
www.unece.org/trans/main/dgdb/
dgsubc/c32008.html; and an informal
document discussing this issue (UN/
SCETDG/34/INF.62) can be found at
https://www.unece.org/trans/main/dgdb/
dgsubc/c3inf34.html.
• Classification of Explosives: For
several Division 1.4 explosive articles
(UN0323, UN0366, UN0441, UN0445,
UN0455, UN0456, UN0460, and
UN0500), the UN Model Regulations
have been amended to require a Type
6(d) test to determine whether an article
may be assigned to Compatibility Group
S. The test is performed on a single
package containing an explosive
substance or explosive article to
determine if the package is capable of
containing any explosive effects in the
event of an accidental initiation or
ignition of its contents. The
amendments include revisions to the
explosives testing standards in the UN
Manual of Tests and Criteria (see below)
and include a new special provision
that would allow the use of the above-
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mentioned hazardous materials table
entries only if the results of test Type
6(d) successfully demonstrate that any
explosive effects are confined within a
package. The initial working document
(ST/SG/AC.10/C.3/2007/29) considered
by the UN Sub-Committee of Experts
relative to this amendment can be found
at https://www.unece.org/trans/main/
dgdb/dgsubc/c32007.html. This
proposal was ultimately adopted with a
number of modifications, including
limiting the applicability to the
aforementioned identification numbers.
We invite commenters to provide data
and information concerning the possible
safety impacts of the new test provisions
and compliance costs that would be
incurred if the new test is adopted in the
HMR. In addition, we invite
commenters to provide suggestions or
recommendations concerning whether
to apply the test to already approved
explosives. It should also be noted that
an addendum has been added to the
2009–2010 ICAO Technical Instructions
applicable to these eight explosive
articles that requires successful
demonstration of the Type 6(d) Test for
transport aboard passenger aircraft after
January 1, 2010 and allows explosives
not yet subjected to the new test method
to be transported aboard cargo aircraft
until January 1, 2011. Addendum 3 to
the 2009–2010 ICAO Technical
Instructions can be found at https://
www.icao.int/anb/FLS/
DangerousGoods/, and the working
paper (no. 66) presented to the ICAO
Dangerous Goods Panel on the
implementation of such policy can be
found at https://www.icao.int/anb/FLS/
DangerousGoods/DGP/WorkingGroups/
WG09/WPs/.
• IBC Rebottling: Under the UN
Model Regulations and the HMR, the
replacement of the rigid plastic
receptacle of a composite IBC is
considered a ‘‘repair’’ under certain
conditions and, thus, not subject to
design qualification testing as a new or
different design. The UN SubCommittee of Experts issued an
amendment to the UN Model
Regulations that specifies a replacement
bottle must be of the original tested
design type but limits the replacement
to a bottle from the original
manufacturer. We invite comments on
this amendment to the UN Model
Regulations and how, if adopted in the
HMR, it would impact the use of IBCs
in domestic or international commerce.
The working document (ST/SG/AC.10/
C.3/2008/28) for this issue can be found
at https://www.unece.org/trans/main/
dgdb/dgsubc/c32008.html; an informal
document discussing this issue (UN/
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SCETDG/32/INF.33) can be found at
https://www.unece.org/trans/main/dgdb/
dgsubc/c3inf32.html, while additional
informal documents regarding this issue
(UN/SCETDG/33/INF.4, 31, 60, 61 and
73) can be found at https://
www.unece.org/trans/main/dgdb/
dgsubc/c3inf33.html.
• Limited Quantities and Consumer
Commodities: The HMR have longrecognized the relatively low risk posed
by the transportation of certain
hazardous materials as limited
quantities or consumer commodities.
Considerable efforts have recently been
made internationally to harmonize
multi-modal standards with regard to
the transport of limited quantities,
including consumer commodities. We
held public meetings on this issue in
February 2006 and March 2008 to
discuss potential impacts on domestic
stakeholders. Additionally, this issue
was discussed during our pre-UN public
meetings held in 2006 and 2007. There
was considerable domestic interest in
pursuing further harmonization
internationally due to the potential for
substantial savings in transportation
costs and improved transportation
efficiency. In this notice, we invite
comments on this issue with regard to
aligning the HMR with the UN Model
Regulations for the domestic and
international transport of limited
quantities and consumer commodities.
Of particular concern are any potential
negative impacts on the domestic
transportation of consumer commodities
reclassed as ORM–D materials. While
some changes adopted in the UN Model
Regulations were similar to those
currently in the HMR related to limited
quantities and consumer commodities
(e.g., inner packaging limits and nonspecification outer packagings allowed),
some changes were not (e.g., marking,
labeling, package gross mass).
Depending on comments received and
our own evaluation, we may determine
that the significance of any amendments
on this issue will warrant a separate
rulemaking action. The working
document (ST/SG/AC.10/C.3/2008/17)
for this issue can be found at https://
www.unece.org/trans/main/dgdb/
dgsubc/c32008.html; informal
documents discussing this issue (UN/
SCETDG/33/INF.9, 14 and 75) can be
found at https://www.unece.org/trans/
main/dgdb/dgsubc/c3inf33.html.
• Metal Hydride Storage Systems in
Conveyances: A metal hydride storage
system is a single complete hydrogen
storage system that includes a
receptacle, metal hydride, a pressure
relief device, a shut-off valve, service
equipment and internal components.
The HMR currently do not prescribe
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specific packaging or shipping methods
for metal hydride storage systems
containing hydrogen. However, PHMSA
has issued a number of special permits
to allow the use of these systems for
transport. The UN Model Regulations,
in new Packing Instruction P205,
prescribe standards for the construction,
qualification, marking and
requalification of such systems. We
invite comments on whether similar
standards should be adopted in the
HMR. The working documents (ST/SG/
AC10/C.3/2008/72, 73 and 74) for this
issue can be found at https://
www.unece.org/trans/main/dgdb/
dgsubc/c32008.html.
• In Vitro Testing for Corrosivity: In
1992, RSPA began recognizing an
alternative test method used to
determine the corrosivity of a hazardous
material for transportation purposes
under the terms and conditions
specified in DOT–SP 10904. The UN
Sub-Committee of Experts issued
amendments to the UN Model
Regulations adopting similar in vitro
test methods prescribed in OECD
Guidelines for the Testing of Chemicals
No. 430, In Vitro Skin Corrosion:
Transcutaneous Electrical Resistance
Test (TER) (2004); No. 431, In Vitro Skin
Corrosion: Human Skin Model Test
(2004); and, No. 435, In Vitro Membrane
Barrier Test Method for Skin Corrosion
(2006). Because methods 430 and 431
can be used to determine corrosivity for
other than transportation purposes, they
cannot be used to determine the Packing
Group assignment of a material that
tests positive for corrosivity for the
purposes of hazardous materials
transportation. A negative result for
corrosivity under methods 430 and 431
can, however, preclude further testing to
determine Packing Group assignment
using method 404, the current OECD
Guideline involving in vivo testing or,
method 435, the newly adopted OECD
Guideline involving in vitro testing. The
working document (ST/SG/AC.10/C.3/
2007/50) for this issue can be found at
https://www.unece.org/trans/main/dgdb/
dgsubc/c32007.html; the informal
document (UN/SCETDG/32/INF.49) on
this issue can be found at https://
www.unece.org/trans/main/dgdb/
dgsubc/c3inf32.html.
2. Additional Amendments
A number of other amendments may
be considered based on the changes
adopted in the sixteenth revised edition
of the UN Model Regulations. A
complete record of amendments
included in the sixteenth revised
edition of the UN Model Regulations is
contained in the report document ST/
SG/AC.10/36/Add.1 and may be
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17:49 Oct 20, 2009
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obtained and reviewed at https://
www.unece.org/trans/main/dgdb/
dgcomm/ac10rep.html. Supporting
documents for the amendments can be
obtained and reviewed at https://
www.unece.org/trans/main/dgdb/
dgsubc/c32009.html.
B. Fourth Revised Edition of the United
Nations Recommendations on the
Transport of Dangerous Goods, Manual
of Tests and Criteria (UN Manual of
Tests and Criteria)
The UN Sub-Committee of Experts
issued several amendments to the UN
Manual of Tests and Criteria. One of the
amendments is discussed in detail in
section II.A.1. As a result, we are
soliciting comments on the potential
impact of requiring an additional test for
certain Division 1.4 explosive materials
when determining eligibility for
inclusion in Compatibility Group S. A
record of all the amendments to the
fourth revised edition of the UN Manual
of Tests and Criteria is contained in the
report document ST/SG/AC.10/36/
Add.2 and may be obtained and
reviewed at https://www.unece.org/trans/
main/dgdb/dgcomm/ac10rep.html.
Working documents and information
documents submitted to the UN
Subcommittee of Experts for
consideration as amendments are
available at: https://www.unece.org/
trans/main/dgdb/dgsubc/c32009.html.
C. 2011–2012 Edition of the
International Civil Aviation
Organization’s Technical Instructions
for the Safe Transport of Dangerous
Goods (ICAO Technical Instructions)
The ICAO Dangerous Goods Panel
(ICAO DGP) has proposed a number of
amendments to the 2011–2012 edition
of the ICAO Technical Instructions and
will be finalized in November 2009.
When available, these amendments will
be posted on the ICAO DGP Web site at
https://www.icao.int/anb/FLS/
DangerousGoods/dgp/. We will consider
these amendments for adoption in the
HMR under either this rulemaking or
under docket HM–231A, discussed in
section II.E. A record of the proposed
amendments to the Packing Instructions
of the 2011–2012 edition of the ICAO
Technical Instructions may be reviewed
at https://www.icao.int/anb/FLS/
DangerousGoods/PackingInstructions/.
D. 2010 Edition (Amendment 35–10) of
the International Maritime Dangerous
Goods Code (IMDG Code)
Upon review of the Maritime Safety
Committee’s amendments to the IMDG
Code, we will consider these
amendments for adoption in the HMR.
When available, information regarding
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future IMDG Code amendments will be
posted on our website at https://
www.phmsa.dot.gov/hazmat/regs/
international.
E. Amendments 6 and 7 to Transport
Canada’s Transport of Dangerous Goods
Regulations (TDG Regulations)
We are considering updating § 171.7,
Matter Incorporated by Reference, to
include Amendment 6 (SOR/2008–34)
and Amendment 7 (SOR/2007–179) to
the TDG Regulations and are soliciting
public comment on authorizing their
use under the HMR. The revised TDG
Regulations, including Amendments 6
and 7, can be found and reviewed at
https://www.tc.gc.ca/tdg/clear/tofc.htm.
F. Amendments to the International
Standards and Modal Regulations
Under Consideration in Separate
Dockets
The following is a partial listing of
those international harmonization
issues that we will not be considering
for adoption under this docket and a
brief explanation of why the issues will
be considered in separate rulemakings:
• Requirements for Lithium Batteries:
At this time, we are not considering any
amendments made to provisions for the
carriage of lithium batteries in the UN
Model Regulations for adoption in the
HMR under this docket. Instead, we
have initiated a separate rulemaking to
consider a broad range of measures to
enhance the safe transportation of
lithium batteries by all modes (Docket
No. PHMSA–2009–0095 (HM–224F)).
• Amendments to Air Transportation
Packaging Requirements: At this time,
we are not considering any amendments
made to provisions for packaging of
hazardous materials for transportation
by aircraft made to the upcoming 2011–
2012 ICAO Technical Instructions for
adoption in the HMR under this docket.
We are considering adoption of the
amendments to packaging provisions for
air transport in a separate rulemaking
project under Docket No. PHMSA–
2007–29364 (HM–231A). All documents
submitted to the docket thus far can be
found and reviewed at https://
www.regulations.gov/.
• Requirements for Electronic Data:
As part of a separate rulemaking project,
PHMSA’s Office of Hazardous Materials
Safety in collaboration with DOT modal
administrations, emergency response
organizations and industry
representatives, is exploring prospects
for the electronic transfer of information
in order to provide better, faster, and
more accurate communication of hazard
information. Under the current paperbased system, emergency response
efforts can be delayed due to a lack of
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timely and accurate information and
poor communication between
transportation partners. We are working
to determine regulatory guidelines for
the use of electronic communication as
a complement, and potentially as an
alternative, to hard copies of shipping
papers. Under a PHMSA initiative titled
HM–ACCESS (Hazardous Materials —
Automated Cargo Communication for
Efficient and Safe Shipments), we have
developed a roadmap that will guide
our efforts to promote the adoption of
paperless systems both domestically
and internationally. Additionally, we
are working within the UN SubCommittee of Experts to develop a
baseline of current documentation
requirements and consider potential
international regulatory amendments
that will facilitate the use of electronic
documentation within the
transportation system. Additional
information on the HM–ACCESS
initiative and its roadmap can be found
in the docket for this rulemaking notice
at www.regulations.gov.
• Requirements for Radioactive
Materials: At this time, we are not
considering any amendments made to
provisions for Class 7 (radioactive)
materials in the UN Model Regulations
for adoption in the HMR under this
docket. The HMR provisions for the
carriage of Class 7 (radioactive)
materials are normally based on changes
contained in the International Atomic
Energy Agency (IAEA) publication,
‘‘IAEA Safety Standards Series:
Regulations for the Safe Transport of
Radioactive Materials.’’ Due to their
complexity, we have initiated a separate
rulemaking to address changes to
provisions for the transportation of
radioactive materials (Docket No.
PHMSA–2009–0063 (HM–250)).
III. Request for Comments
Interested parties are urged to
carefully consider the implications of
adopting or not adopting amendments
to the international standards and
modal regulations into the HMR. We
urge you to consider the effects on
transportation safety, transportation
costs, and compliance burdens. In
addition to the specific questions
regarding areas of concern discussed
above, we invite interested parties to
submit data and information on any
other amendments with regard to the
following questions:
1. What safety concerns, if any, are
associated with the adoption or nonadoption of amendments made to the
international standards and modal
regulations into the HMR?
2. What significant costs would be
associated with the adoption or non-
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adoption of amendments made to the
international standards and modal
regulations into the HMR?
3. What other compliance burdens
may be associated with the adoption or
non-adoption of amendments made to
the international standards and modal
regulations into the HMR?
IV. Regulatory Analyses and Notices
PHMSA will base any future proposal
for changes on the suggestions and
comments provided by interested
parties and our own initiatives.
Additionally, any proposals would
include the analyses required under the
following statutes and executive orders
in the event we determine that
rulemaking is appropriate:
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
Executive Order (E.O.) 12866 requires
agencies to regulate in the ‘‘most costeffective manner,’’ to make a ‘‘reasoned
determination that the benefits of the
intended regulation justify its costs,’’
and to develop regulations that ‘‘impose
the least burden on society.’’ We
therefore request comments, including
specific data if possible, concerning the
costs and benefits that may be
associated with revisions to the HMR
based on the international
harmonization issues presented in this
notice. A rule that is considered
significant under E.O. 12866 must be
reviewed and cleared by the Office of
Management and Budget before it can be
issued.
B. Executive Order 13132
E.O. 13132 requires agencies to assure
meaningful and timely input by state
and local officials in the development of
regulatory policies that may have a
substantial, direct effect on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. We invite state
and local governments with an interest
in this rulemaking to comment on any
effect that revisions to the HMR relative
to international harmonization may
cause.
C. Executive Order 13175
E.O. 13175 requires agencies to assure
meaningful and timely input from
Indian tribal government representatives
in the development of rules that
‘‘significantly or uniquely affect’’ Indian
communities and that impose
‘‘substantial and direct compliance
costs’’ on such communities. We invite
Indian tribal governments to provide
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comments if they believe there will be
an impact.
D. Regulatory Flexibility Act, Executive
Order 13272, and DOT Policies and
Procedures
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), we must
consider whether a proposed rule would
have a significant economic impact on
a substantial number of small entities.
‘‘Small entities’’ include small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations under 50,000. If you
believe that revisions to the HMR
relative to international harmonization
would have a significant economic
impact on small entities, please provide
information on such impacts.
Any future proposed rule would be
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 on small entities of a
regulatory action are properly
considered.
E. Paperwork Reduction Act
Section 1320.8(d), Title 5, Code of
Federal Regulations requires that
PHMSA provide interested members of
the public and affected agencies an
opportunity to comment on information
collection and recordkeeping requests. It
is possible that new or revised
information collection requirements
could occur as a result of any future
rulemaking action.
F. Environmental Assessment
The National Environmental Policy
Act, 42 U.S.C. 4321–4375, requires that
federal agencies analyze proposed
actions to determine whether the action
will have a significant impact on the
human environment. The Counsel on
Environmental Quality (CEQ)
regulations order federal agencies to
conduct an environmental review
considering (1) the need for the
proposed action, (2) alternatives to the
proposed action, (3) probable
environmental impacts of the proposed
action and alternatives, and (4) the
agencies and persons consulted during
the consideration process. 40 CFR
1508.9(b). PHMSA welcomes any data
or information related to environmental
impacts that may result from a future
harmonization rulemaking.
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G. 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 (65 FR
19477) or you may visit https://
www.dot.gov/privacy.html.
H. International Trade Analysis
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing any standards or
engaging in related activities that create
unnecessary obstacles to the foreign
commerce of the United States. For
purposes of these requirements, Federal
agencies may participate in the
establishment of international
standards, so long as the standards have
a legitimate domestic objective, such as
providing for safety, and do not operate
to exclude imports that meet this
objective. The statute also requires
consideration of international standards
and, where appropriate, that they be the
basis for U.S. standards. PHMSA
participates in the establishment of
international standards in order to
protect the safety of the American
public, and we would assess the effects
of any rule to ensure that it does not
exclude imports that meet this objective.
Accordingly, any proposals would be
consistent with PHMSA’s obligations
under the Trade Agreement Act, as
amended.
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I. Statutory/Legal Authority for This
Rulemaking
1. 49 U.S.C. 5103(b) authorizes the
Secretary of Transportation to prescribe
regulations for the safe transportation,
including security, of hazardous
materials in intrastate, interstate, and
foreign commerce. Harmonization
serves to facilitate international
transportation; at the same time,
harmonization promotes 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. While the intent of this
rulemaking is to consider aligning the
HMR with international standards, we
review and consider each amendment
on its own merit based on its overall
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impact on transportation safety and the
economic implications associated with
its adoption into the HMR. Our goal is
to harmonize without sacrificing the
current HMR level of safety and without
imposing undue burdens on the
regulated public. Thus, as explained in
the corresponding sections above, we
may not propose harmonization with
certain specific provisions of the UN
Recommendations, the IMDG Code, and
the ICAO TI. Moreover, when proposing
amendments to the HMR, consideration
is given to providing exceptions for
domestic transportation that minimizes
compliance burden on the regulated
community.
2. 49 U.S.C. 5120(b) authorizes the
Secretary of Transportation to ensure
that, to the extent practicable,
regulations governing the transportation
of hazardous materials in commerce are
consistent with standards adopted by
international authorities. This notice
considers potential amendments to the
HMR that would maintain alignment
with international standards by
incorporating various amendments. The
continually increasing amount of
hazardous materials transported in
international commerce warrants the
harmonization of domestic and
international requirements to the
greatest extent. The majority of
amendments in any harmonization rule
should result in cost savings and ease
the regulatory compliance burden for
shippers engaged in domestic and
international commerce, including
trans-border shipments within North
America.
J. 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
of this document can be used to crossreference this action with the Unified
Agenda.
Issued in Washington, DC on October 15,
2009 under authority delegated in 49 CFR
part 106.
Magdy El-Sibaie,
Acting Associate Administrator for
Hazardous Materials Safety.
[FR Doc. E9–25358 Filed 10–20–09; 8:45 am]
BILLING CODE 4910–60–P
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53987
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 572
[Docket No. NHTSA–09–0166]
RIN 2127–AK34
Anthropomorphic Test Devices; Hybrid
III 6-Year-Old Child Test Dummy
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: Today’s NPRM proposes two
changes to the agency’s specifications
for the Hybrid III six-year-old child
dummy. In Part 1 of this NPRM, to
improve the durability of the dummy’s
femurs, we propose changes to the
design of and material used for the
femur assembly. In Part 2, the drawing
for the abdomen insert would be
corrected so that the abdominal insert
dimensions on the drawing reflect the
actual part. Part 2 of this rulemaking
commenced in response to a petition for
rulemaking submitted by Denton ATD
(Denton) and First Technology Safety
Systems (FTSS). This document
declines the petitioners’ suggestion to
investigate tolerances for vinyl and
rubber components of the dummy and
to specify the expected time frame each
part would meet the tolerances.
DATES: You should submit your
comments early enough to ensure that
they are received not later than
December 21, 2009.
ADDRESSES: You may submit comments
(identified by the Docket ID Number
above) by any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Public Participation heading of
the Supplementary Information section
of this document. Note that all
comments received will be posted
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]]>Agencies
[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Proposed Rules]
[Pages 53982-53987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25358]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178, 179, 180
[Docket Nos. PHMSA-2009-0126 (HM-215K)]
[RIN 2137-AE45]
Hazardous Materials: Harmonization With the United Nations
Recommendations on the Transport of Dangerous Goods Model Regulations,
International Maritime Dangerous Goods Code, International Civil
Aviation Organization Technical Instructions for the Safe Transport of
Dangerous Goods by Air, and Transport Canada's Transport of Dangerous
Goods Regulations
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Advanced notice of proposed rulemaking (ANPRM).
-----------------------------------------------------------------------
SUMMARY: PHMSA is considering amending the Hazardous Materials
Regulations (HMR) by incorporating various amendments to international
standards and modal regulations, including changes to proper shipping
names, hazard classes, packing groups, special provisions, and
packaging authorizations. These amendments may be necessary to
harmonize the HMR with revised editions of the United Nations
Recommendations on the Transport of Dangerous Goods Model Regulations
and Manual of Tests and Criteria, the International Maritime
Organization's Dangerous Goods Code, the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air and Transport Canada's Transport of Dangerous
Goods Regulations. In this notice, we are soliciting public comment
regarding the safety consequences, regulatory burden, and cost
implications of some of the more significant amendments adopted or
under consideration for adoption in these international standards.
DATES: Comments must be received by January 19, 2010.
ADDRESSES:
Comments: You may submit comments identified by the docket number
PHMSA-2009-0126 by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. Note
that all comments received will be posted without change to the Federal
eRulemaking Portal, including any personal information provided.
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://www.dot.gov.
Docket: For access to the dockets to read background documents or
comments received, go to https://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Michael Stevens, Office of Hazardous
Materials Standards, telephone (202) 366-8553, or Shane Kelley,
International Standards, telephone (202) 366-0656, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., 2nd Floor, Washington, DC
20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
II. International Standards and Modal Regulations for Review
A. Sixteenth Revised Edition of the United Nations
Recommendations on the Transport of Dangerous Goods Model
Regulations (UN Model Regulations)
1. Noteworthy Amendments
2. Additional Amendments
[[Page 53983]]
B. Fourth Revised Edition of the United Nations Recommendations
on the Transport of Dangerous Goods, Manual of Tests and Criteria
(UN Manual of Tests and Criteria)
C. 2011-2012 Edition of the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods (ICAO Technical Instructions)
D. 2010 Edition (Amendment 35-10) of the International Maritime
Dangerous Goods Code (IMDG Code)
E. Amendments 6 and 7 to Transport Canada's Transport of
Dangerous Goods Regulations (TDG Regulations)
F. Amendments to the International Standards and Modal
Regulations Under Consideration in Separate Dockets
III. Request for Comments
IV. Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and
Procedures
B. Executive Order 13132
C. Executive Order 13175
D. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
E. Paperwork Reduction Act
F. Environmental Assessment
G. Privacy Act
H. International Trade Analysis
I. Statutory/Legal Authority for the Rulemaking
J. Regulatory Identifier Number (RIN)
I. Background
On December 21, 1990, the Research and Special Programs
Administration (RSPA), the predecessor agency to the Pipeline and
Hazardous Materials Safety Administration (PHMSA) published a final
rule (Docket HM-181; 55 FR 52402) based on the UN Model Regulations to
comprehensively revise the Hazardous Materials Regulations (HMR), 49
CFR parts 171 to 180, for harmonization with the international
standards. Since publication of the 1990 final rule, we have issued
seven additional international harmonization final rules, (Dockets HM-
215A, 59 FR 67390; HM-215B, 62 FR 24690; HM-215C, 64 FR 10742; HM-215D,
66 FR 33316; HM-215E, 68 FR 44992; HM-215G, 69 FR 76044; and HM-215J,
74 FR 2199). The rulemakings provided additional harmonization with
international transportation requirements by aligning the HMR with
corresponding updates of the United Nations Recommendations on the
Transport of Dangerous Goods Model Regulations, United Nations
Recommendations on the Transport of Dangerous Goods, Manual of Tests
and Criteria, International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods, International
Maritime Dangerous Goods Code, and Transport Canada's Transport of
Dangerous Goods Regulations.
The UN Model Regulations are not regulations, but rather are
recommended standards issued by the UN Sub-Committee of Experts on the
Transport of Dangerous Goods (UN Sub-Committee of Experts). These
recommendations are amended and updated biennially and serve as the
basis for many national, regional and international modal regulations.
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 section 5120). Harmonization of domestic and
international standards becomes increasingly important as the volume of
hazardous materials transported in international commerce grows and the
cost of conducting international commerce increases. Harmonization
facilitates international trade by minimizing the costs and other
burdens of complying with multiple or inconsistent safety requirements
for transportation of hazardous materials to and from the United
States. By facilitating compliance with international standards,
harmonization also tends to enhance safety for international movements,
but only if the international standards themselves provide an
appropriate level of safety. To that end, PHMSA actively participates
in the development of international standards for the transportation of
hazardous materials, frequently advocating the adoption in
international standards of particular HMR requirements. When
considering the adoption of international standards and regulations
under the HMR, we review and consider each amendment on its own merit,
including an assessment of its overall impact on transportation safety
and the economic implications associated with its adoption into the
HMR. Our goal is to harmonize without diminishing the level of safety
currently provided by the HMR and without imposing undue burdens on the
regulated public.
In this notice, we are soliciting comments on amendments made to or
proposed for the international standards and modal regulations to aid
in our review and consideration of whether the changes should be
adopted into the HMR. We encourage interested parties to review the
changes made to these international standards and modal regulations
through the links to resources that we provide below.
II. International Standards and Modal Regulations for Review
This notice solicits comments regarding the sixteenth revised
edition of the UN Model Regulations, the fourth revised edition of the
UN Manual of Tests and Criteria, the 2011-2012 edition of the ICAO
Technical Instructions, the 2010 edition of the IMDG Code
(Incorporating Amendment 35-10), and Amendments 6 and 7 of the TDG
Regulations. We are particularly interested in data and information
demonstrating possible transportation safety impacts, which will help
us to evaluate whether to propose adoption of any of the international
revisions into the HMR. We are also seeking data and information on
potential compliance costs that would result from adoption into the HMR
of the international revisions.
A. Sixteenth Revised Edition of the United Nations Recommendations on
the Transport of Dangerous Goods Model Regulations (UN Model
Regulations)
Recently, the UN Sub-Committee of Experts issued amendments to be
incorporated in the upcoming sixteenth revised edition of the UN Model
Regulations. The amendments range from routine editorial corrections to
significant changes to standards for classification criteria, hazard
communication and authorized packaging. We are in the process of
reviewing these amendments and will be considering the amendments for
adoption in the HMR.
1. Noteworthy Amendments
We believe a number of the amendments to the UN Model Regulations
may be of particular interest to the regulated community. We are
highlighting these amendments to give interested parties an opportunity
to provide comment and feedback on the transportation safety impacts,
economic implications, and compliance burdens of these amendments.
Information provided in response to this notice will help us determine
whether to propose adoption of these amendments into the HMR. Below is
a listing of important amendments to the UN Model Regulations we
believe needs public input, with a brief explanation of each amendment.
Classification of Sour Crude Oil: At the 33rd Session of
the UN Sub-Committee of Experts in July 2008, the expert from Canada
noted that the transportation of sour crude oil may pose additional
risks due to its inherent characteristic of ``off-gassing'' hydrogen
[[Page 53984]]
sulfide, a highly toxic and flammable gas. Sour crude oil, as opposed
to ``sweet'' crude oil, contains a high concentration of sulfur and is
commonly found in North America. Off-gassing is the evolution of vapors
from a liquid substance that is created due to temperature, packaging
confinement, transport conditions (e.g., sloshing), bacteria and sulfur
concentration, among many other potential factors. As a result, the UN
Model Regulations were amended by assigning a new identification number
and shipping description for sour crude oil with a flammable primary
hazard and a toxic subsidiary hazard. Additionally, a new special
provision which specifies the Packing Group (PG) assignment was created
for this entry based on the degree of danger presented by either the
flammability or inhalation toxicity hazard of the sour crude oil. For
example, sour crude oil meeting flammability criteria for Class 3, PG
II, and toxicity criteria for Division 6.1, PG I, poisonous-by-
inhalation, would be classified as a Class 3, PG I material. We invite
commenters to provide data and information concerning the impact on
domestic shippers and carriers if these requirements are adopted in the
HMR. We also are interested in comments addressing which hazard
communication methods (e.g., package markings, shipping papers) and/or
packaging requirements are most cost-effective to reduce the hazards of
transporting sour crude oil. The working documents (ST/SG/AC.10/C.3/
2008/12 and ST/SG/AC10/C.3/2008/96) for this issue can be found at
https://www.unece.org/trans/main/dgdb/dgsubc/c32008.html; and an
informal document discussing this issue (UN/SCETDG/34/INF.62) can be
found at https://www.unece.org/trans/main/dgdb/dgsubc/c3inf34.html.
Classification of Explosives: For several Division 1.4
explosive articles (UN0323, UN0366, UN0441, UN0445, UN0455, UN0456,
UN0460, and UN0500), the UN Model Regulations have been amended to
require a Type 6(d) test to determine whether an article may be
assigned to Compatibility Group S. The test is performed on a single
package containing an explosive substance or explosive article to
determine if the package is capable of containing any explosive effects
in the event of an accidental initiation or ignition of its contents.
The amendments include revisions to the explosives testing standards in
the UN Manual of Tests and Criteria (see below) and include a new
special provision that would allow the use of the above-mentioned
hazardous materials table entries only if the results of test Type 6(d)
successfully demonstrate that any explosive effects are confined within
a package. The initial working document (ST/SG/AC.10/C.3/2007/29)
considered by the UN Sub-Committee of Experts relative to this
amendment can be found at https://www.unece.org/trans/main/dgdb/dgsubc/c32007.html. This proposal was ultimately adopted with a number of
modifications, including limiting the applicability to the
aforementioned identification numbers. We invite commenters to provide
data and information concerning the possible safety impacts of the new
test provisions and compliance costs that would be incurred if the new
test is adopted in the HMR. In addition, we invite commenters to
provide suggestions or recommendations concerning whether to apply the
test to already approved explosives. It should also be noted that an
addendum has been added to the 2009-2010 ICAO Technical Instructions
applicable to these eight explosive articles that requires successful
demonstration of the Type 6(d) Test for transport aboard passenger
aircraft after January 1, 2010 and allows explosives not yet subjected
to the new test method to be transported aboard cargo aircraft until
January 1, 2011. Addendum 3 to the 2009-2010 ICAO Technical
Instructions can be found at https://www.icao.int/anb/FLS/DangerousGoods/, and the working paper (no. 66) presented to the ICAO
Dangerous Goods Panel on the implementation of such policy can be found
at https://www.icao.int/anb/FLS/DangerousGoods/DGP/WorkingGroups/WG09/WPs/.
IBC Rebottling: Under the UN Model Regulations and the
HMR, the replacement of the rigid plastic receptacle of a composite IBC
is considered a ``repair'' under certain conditions and, thus, not
subject to design qualification testing as a new or different design.
The UN Sub-Committee of Experts issued an amendment to the UN Model
Regulations that specifies a replacement bottle must be of the original
tested design type but limits the replacement to a bottle from the
original manufacturer. We invite comments on this amendment to the UN
Model Regulations and how, if adopted in the HMR, it would impact the
use of IBCs in domestic or international commerce. The working document
(ST/SG/AC.10/C.3/2008/28) for this issue can be found at https://www.unece.org/trans/main/dgdb/dgsubc/c32008.html; an informal document
discussing this issue (UN/SCETDG/32/INF.33) can be found at https://www.unece.org/trans/main/dgdb/dgsubc/c3inf32.html, while additional
informal documents regarding this issue (UN/SCETDG/33/INF.4, 31, 60, 61
and 73) can be found at https://www.unece.org/trans/main/dgdb/dgsubc/c3inf33.html.
Limited Quantities and Consumer Commodities: The HMR have
long-recognized the relatively low risk posed by the transportation of
certain hazardous materials as limited quantities or consumer
commodities. Considerable efforts have recently been made
internationally to harmonize multi-modal standards with regard to the
transport of limited quantities, including consumer commodities. We
held public meetings on this issue in February 2006 and March 2008 to
discuss potential impacts on domestic stakeholders. Additionally, this
issue was discussed during our pre-UN public meetings held in 2006 and
2007. There was considerable domestic interest in pursuing further
harmonization internationally due to the potential for substantial
savings in transportation costs and improved transportation efficiency.
In this notice, we invite comments on this issue with regard to
aligning the HMR with the UN Model Regulations for the domestic and
international transport of limited quantities and consumer commodities.
Of particular concern are any potential negative impacts on the
domestic transportation of consumer commodities reclassed as ORM-D
materials. While some changes adopted in the UN Model Regulations were
similar to those currently in the HMR related to limited quantities and
consumer commodities (e.g., inner packaging limits and non-
specification outer packagings allowed), some changes were not (e.g.,
marking, labeling, package gross mass). Depending on comments received
and our own evaluation, we may determine that the significance of any
amendments on this issue will warrant a separate rulemaking action. The
working document (ST/SG/AC.10/C.3/2008/17) for this issue can be found
at https://www.unece.org/trans/main/dgdb/dgsubc/c32008.html; informal
documents discussing this issue (UN/SCETDG/33/INF.9, 14 and 75) can be
found at https://www.unece.org/trans/main/dgdb/dgsubc/c3inf33.html.
Metal Hydride Storage Systems in Conveyances: A metal
hydride storage system is a single complete hydrogen storage system
that includes a receptacle, metal hydride, a pressure relief device, a
shut-off valve, service equipment and internal components. The HMR
currently do not prescribe
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specific packaging or shipping methods for metal hydride storage
systems containing hydrogen. However, PHMSA has issued a number of
special permits to allow the use of these systems for transport. The UN
Model Regulations, in new Packing Instruction P205, prescribe standards
for the construction, qualification, marking and requalification of
such systems. We invite comments on whether similar standards should be
adopted in the HMR. The working documents (ST/SG/AC10/C.3/2008/72, 73
and 74) for this issue can be found at https://www.unece.org/trans/main/dgdb/dgsubc/c32008.html.
In Vitro Testing for Corrosivity: In 1992, RSPA began
recognizing an alternative test method used to determine the
corrosivity of a hazardous material for transportation purposes under
the terms and conditions specified in DOT-SP 10904. The UN Sub-
Committee of Experts issued amendments to the UN Model Regulations
adopting similar in vitro test methods prescribed in OECD Guidelines
for the Testing of Chemicals No. 430, In Vitro Skin Corrosion:
Transcutaneous Electrical Resistance Test (TER) (2004); No. 431, In
Vitro Skin Corrosion: Human Skin Model Test (2004); and, No. 435, In
Vitro Membrane Barrier Test Method for Skin Corrosion (2006). Because
methods 430 and 431 can be used to determine corrosivity for other than
transportation purposes, they cannot be used to determine the Packing
Group assignment of a material that tests positive for corrosivity for
the purposes of hazardous materials transportation. A negative result
for corrosivity under methods 430 and 431 can, however, preclude
further testing to determine Packing Group assignment using method 404,
the current OECD Guideline involving in vivo testing or, method 435,
the newly adopted OECD Guideline involving in vitro testing. The
working document (ST/SG/AC.10/C.3/2007/50) for this issue can be found
at https://www.unece.org/trans/main/dgdb/dgsubc/c32007.html; the
informal document (UN/SCETDG/32/INF.49) on this issue can be found at
https://www.unece.org/trans/main/dgdb/dgsubc/c3inf32.html.
2. Additional Amendments
A number of other amendments may be considered based on the changes
adopted in the sixteenth revised edition of the UN Model Regulations. A
complete record of amendments included in the sixteenth revised edition
of the UN Model Regulations is contained in the report document ST/SG/
AC.10/36/Add.1 and may be obtained and reviewed at https://www.unece.org/trans/main/dgdb/dgcomm/ac10rep.html. Supporting documents
for the amendments can be obtained and reviewed at https://www.unece.org/trans/main/dgdb/dgsubc/c32009.html.
B. Fourth Revised Edition of the United Nations Recommendations on the
Transport of Dangerous Goods, Manual of Tests and Criteria (UN Manual
of Tests and Criteria)
The UN Sub-Committee of Experts issued several amendments to the UN
Manual of Tests and Criteria. One of the amendments is discussed in
detail in section II.A.1. As a result, we are soliciting comments on
the potential impact of requiring an additional test for certain
Division 1.4 explosive materials when determining eligibility for
inclusion in Compatibility Group S. A record of all the amendments to
the fourth revised edition of the UN Manual of Tests and Criteria is
contained in the report document ST/SG/AC.10/36/Add.2 and may be
obtained and reviewed at https://www.unece.org/trans/main/dgdb/dgcomm/ac10rep.html. Working documents and information documents submitted to
the UN Subcommittee of Experts for consideration as amendments are
available at: https://www.unece.org/trans/main/dgdb/dgsubc/c32009.html.
C. 2011-2012 Edition of the International Civil Aviation Organization's
Technical Instructions for the Safe Transport of Dangerous Goods (ICAO
Technical Instructions)
The ICAO Dangerous Goods Panel (ICAO DGP) has proposed a number of
amendments to the 2011-2012 edition of the ICAO Technical Instructions
and will be finalized in November 2009. When available, these
amendments will be posted on the ICAO DGP Web site at https://www.icao.int/anb/FLS/DangerousGoods/dgp/. We will consider these
amendments for adoption in the HMR under either this rulemaking or
under docket HM-231A, discussed in section II.E. A record of the
proposed amendments to the Packing Instructions of the 2011-2012
edition of the ICAO Technical Instructions may be reviewed at https://www.icao.int/anb/FLS/DangerousGoods/PackingInstructions/.
D. 2010 Edition (Amendment 35-10) of the International Maritime
Dangerous Goods Code (IMDG Code)
Upon review of the Maritime Safety Committee's amendments to the
IMDG Code, we will consider these amendments for adoption in the HMR.
When available, information regarding future IMDG Code amendments will
be posted on our website at https://www.phmsa.dot.gov/hazmat/regs/international.
E. Amendments 6 and 7 to Transport Canada's Transport of Dangerous
Goods Regulations (TDG Regulations)
We are considering updating Sec. 171.7, Matter Incorporated by
Reference, to include Amendment 6 (SOR/2008-34) and Amendment 7 (SOR/
2007-179) to the TDG Regulations and are soliciting public comment on
authorizing their use under the HMR. The revised TDG Regulations,
including Amendments 6 and 7, can be found and reviewed at https://www.tc.gc.ca/tdg/clear/tofc.htm.
F. Amendments to the International Standards and Modal Regulations
Under Consideration in Separate Dockets
The following is a partial listing of those international
harmonization issues that we will not be considering for adoption under
this docket and a brief explanation of why the issues will be
considered in separate rulemakings:
Requirements for Lithium Batteries: At this time, we are
not considering any amendments made to provisions for the carriage of
lithium batteries in the UN Model Regulations for adoption in the HMR
under this docket. Instead, we have initiated a separate rulemaking to
consider a broad range of measures to enhance the safe transportation
of lithium batteries by all modes (Docket No. PHMSA-2009-0095 (HM-
224F)).
Amendments to Air Transportation Packaging Requirements:
At this time, we are not considering any amendments made to provisions
for packaging of hazardous materials for transportation by aircraft
made to the upcoming 2011-2012 ICAO Technical Instructions for adoption
in the HMR under this docket. We are considering adoption of the
amendments to packaging provisions for air transport in a separate
rulemaking project under Docket No. PHMSA-2007-29364 (HM-231A). All
documents submitted to the docket thus far can be found and reviewed at
https://www.regulations.gov/.
Requirements for Electronic Data: As part of a separate
rulemaking project, PHMSA's Office of Hazardous Materials Safety in
collaboration with DOT modal administrations, emergency response
organizations and industry representatives, is exploring prospects for
the electronic transfer of information in order to provide better,
faster, and more accurate communication of hazard information. Under
the current paper-based system, emergency response efforts can be
delayed due to a lack of
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timely and accurate information and poor communication between
transportation partners. We are working to determine regulatory
guidelines for the use of electronic communication as a complement, and
potentially as an alternative, to hard copies of shipping papers. Under
a PHMSA initiative titled HM-ACCESS (Hazardous Materials -- Automated
Cargo Communication for Efficient and Safe Shipments), we have
developed a roadmap that will guide our efforts to promote the adoption
of paperless systems both domestically and internationally.
Additionally, we are working within the UN Sub-Committee of Experts to
develop a baseline of current documentation requirements and consider
potential international regulatory amendments that will facilitate the
use of electronic documentation within the transportation system.
Additional information on the HM-ACCESS initiative and its roadmap can
be found in the docket for this rulemaking notice at
www.regulations.gov.
Requirements for Radioactive Materials: At this time, we
are not considering any amendments made to provisions for Class 7
(radioactive) materials in the UN Model Regulations for adoption in the
HMR under this docket. The HMR provisions for the carriage of Class 7
(radioactive) materials are normally based on changes contained in the
International Atomic Energy Agency (IAEA) publication, ``IAEA Safety
Standards Series: Regulations for the Safe Transport of Radioactive
Materials.'' Due to their complexity, we have initiated a separate
rulemaking to address changes to provisions for the transportation of
radioactive materials (Docket No. PHMSA-2009-0063 (HM-250)).
III. Request for Comments
Interested parties are urged to carefully consider the implications
of adopting or not adopting amendments to the international standards
and modal regulations into the HMR. We urge you to consider the effects
on transportation safety, transportation costs, and compliance burdens.
In addition to the specific questions regarding areas of concern
discussed above, we invite interested parties to submit data and
information on any other amendments with regard to the following
questions:
1. What safety concerns, if any, are associated with the adoption
or non-adoption of amendments made to the international standards and
modal regulations into the HMR?
2. What significant costs would be associated with the adoption or
non-adoption of amendments made to the international standards and
modal regulations into the HMR?
3. What other compliance burdens may be associated with the
adoption or non-adoption of amendments made to the international
standards and modal regulations into the HMR?
IV. Regulatory Analyses and Notices
PHMSA will base any future proposal for changes on the suggestions
and comments provided by interested parties and our own initiatives.
Additionally, any proposals would include the analyses required under
the following statutes and executive orders in the event we determine
that rulemaking is appropriate:
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order (E.O.) 12866 requires agencies to regulate in the
``most cost-effective manner,'' to make a ``reasoned determination that
the benefits of the intended regulation justify its costs,'' and to
develop regulations that ``impose the least burden on society.'' We
therefore request comments, including specific data if possible,
concerning the costs and benefits that may be associated with revisions
to the HMR based on the international harmonization issues presented in
this notice. A rule that is considered significant under E.O. 12866
must be reviewed and cleared by the Office of Management and Budget
before it can be issued.
B. Executive Order 13132
E.O. 13132 requires agencies to assure meaningful and timely input
by state and local officials in the development of regulatory policies
that may have a substantial, direct effect on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government. We invite state and local governments with an interest in
this rulemaking to comment on any effect that revisions to the HMR
relative to international harmonization may cause.
C. Executive Order 13175
E.O. 13175 requires agencies to assure meaningful and timely input
from Indian tribal government representatives in the development of
rules that ``significantly or uniquely affect'' Indian communities and
that impose ``substantial and direct compliance costs'' on such
communities. We invite Indian tribal governments to provide comments if
they believe there will be an impact.
D. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies
and Procedures
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), we must consider whether a proposed rule would have a
significant economic impact on a substantial number of small entities.
``Small entities'' include small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations under 50,000. If you believe that revisions to the HMR
relative to international harmonization would have a significant
economic impact on small entities, please provide information on such
impacts.
Any future proposed rule would be 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 on small entities of a regulatory action are properly
considered.
E. Paperwork Reduction Act
Section 1320.8(d), Title 5, Code of Federal Regulations requires
that PHMSA provide interested members of the public and affected
agencies an opportunity to comment on information collection and
recordkeeping requests. It is possible that new or revised information
collection requirements could occur as a result of any future
rulemaking action.
F. Environmental Assessment
The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires that federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Counsel on Environmental Quality (CEQ) regulations
order federal agencies to conduct an environmental review considering
(1) the need for the proposed action, (2) alternatives to the proposed
action, (3) probable environmental impacts of the proposed action and
alternatives, and (4) the agencies and persons consulted during the
consideration process. 40 CFR 1508.9(b). PHMSA welcomes any data or
information related to environmental impacts that may result from a
future harmonization rulemaking.
[[Page 53987]]
G. 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 (65 FR 19477) or you
may visit https://www.dot.gov/privacy.html.
H. International Trade Analysis
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. For purposes of these requirements, Federal agencies
may participate in the establishment of international standards, so
long as the standards have a legitimate domestic objective, such as
providing for safety, and do not operate to exclude imports that meet
this objective. The statute also requires consideration of
international standards and, where appropriate, that they be the basis
for U.S. standards. PHMSA participates in the establishment of
international standards in order to protect the safety of the American
public, and we would assess the effects of any rule to ensure that it
does not exclude imports that meet this objective. Accordingly, any
proposals would be consistent with PHMSA's obligations under the Trade
Agreement Act, as amended.
I. Statutory/Legal Authority for This Rulemaking
1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous materials in intrastate, interstate, and foreign commerce.
Harmonization serves to facilitate international transportation; at the
same time, harmonization promotes 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. While the intent of this rulemaking is to consider
aligning the HMR with international standards, we review and consider
each amendment on its own merit based on its overall impact on
transportation safety and the economic implications associated with its
adoption into the HMR. Our goal is to harmonize without sacrificing the
current HMR level of safety and without imposing undue burdens on the
regulated public. Thus, as explained in the corresponding sections
above, we may not propose harmonization with certain specific
provisions of the UN Recommendations, the IMDG Code, and the ICAO TI.
Moreover, when proposing amendments to the HMR, consideration is given
to providing exceptions for domestic transportation that minimizes
compliance burden on the regulated community.
2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. This notice considers
potential amendments to the HMR that would maintain alignment with
international standards by incorporating various amendments. The
continually increasing amount of hazardous materials transported in
international commerce warrants the harmonization of domestic and
international requirements to the greatest extent. The majority of
amendments in any harmonization rule should result in cost savings and
ease the regulatory compliance burden for shippers engaged in domestic
and international commerce, including trans-border shipments within
North America.
J. 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 of
this document can be used to cross-reference this action with the
Unified Agenda.
Issued in Washington, DC on October 15, 2009 under authority
delegated in 49 CFR part 106.
Magdy El-Sibaie,
Acting Associate Administrator for Hazardous Materials Safety.
[FR Doc. E9-25358 Filed 10-20-09; 8:45 am]
BILLING CODE 4910-60-P
