Hazardous Materials: Harmonization With International Standards, 43844-43898 [2021-15425]

Download as PDF 43844 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176, 178, and 180 [Docket No. PHMSA–2019–0030 (HM–215P)] RIN 2137–AF46 Hazardous Materials: Harmonization With International Standards Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Additionally, PHMSA proposes an amendment to the Hazardous Materials Regulations that would allow for better alignment with Transport Canada’s Transportation of Dangerous Goods Regulations. SUMMARY: Comments must be received by October 12, 2021. To the extent possible, PHMSA will consider latefiled comments while a final rule is developed. DATES: You may submit comments by any of the following methods: • Federal Rulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Management System; U.S. Department of Transportation, Docket Operations, M–30, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590–0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: Include the agency name and docket number PHMSA–2019–0030 (HM–215P) or RIN 2137–AF46 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to http://www.regulations.gov including jbell on DSKJLSW7X2PROD with PROPOSALS4 ADDRESSES: VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a selfaddressed stamped postcard. Docket: For access to the dockets to read background documents (including the Preliminary Regulatory Impact Analysis (PRIA)) or comments received, go to http://www.regulations.gov or DOT’s Docket Operations Office (see ADDRESSES). Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ Submissions containing CBI should be sent to Candace Casey, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. Any commentary that PHMSA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. FOR FURTHER INFORMATION CONTACT: Candace Casey, Standards and Rulemaking, or Aaron Wiener, International Program, at (202) 366– 8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary II. Background III. Incorporation by Reference Discussion Under 1 CFR part 51 IV. Amendments Not Being Considered for Adoption in this NPRM V. Section-by-Section Review of NPRM Proposals VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866 and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies and Procedures F. Paperwork Reduction Act G. Regulation Identifier Number (RIN) PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 H. Unfunded Mandates Reform Act of 1995 I. Environment Assessment J. Privacy Act K. Executive Order 13609 and International Trade Analysis L. National Technology Transfer and Advancement Act List of Subjects I. Executive Summary As discussed in further detail later in this NPRM (see the Section-By-Section Review of NPRM Proposals), the Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend certain sections of the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. PHMSA expects adoption of the regulatory amendments proposed in this NPRM will maintain the high safety standard currently achieved under the HMR, facilitate the safe transportation of critical vaccines and other medical materials associated with response to the coronavirus disease 2019 (COVID– 19) public health emergency, and align HMR requirements with anticipated increases in the volume of lithium batteries transported in interstate commerce from electrification of the transportation and other economic sectors. PHMSA also notes that because harmonization of the HMR with international consensus standards as proposed could reduce delays and interruptions of hazardous materials during transportation, the proposed NPRM amendments may also lower greenhouse gas (GHG) emissions and safety risks to minority, low-income, underserved, and other disadvantaged populations and communities in the vicinity of interim storage sites and transportation arteries and hubs. The following list summarizes the more noteworthy proposals set forth in this NPRM: • Incorporation by Reference: PHMSA proposes to incorporate by reference updated versions of the following international hazardous materials regulations and standards: the 2021–2022 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions); Amendment 40–20 to the International Maritime Dangerous Goods Code (IMDG Code); the 21st revised edition of the United Nations Recommendations on the E:\FR\FM\10AUP4.SGM 10AUP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules Transport of Dangerous Goods—Model Regulations (UN Model Regulations); and the International Atomic Energy Agency (IAEA) ‘‘Specific Safety Requirements Number SSR–6: Regulations for the Safe Transport of Radioactive Material 2018 Edition’’ (SSR–6, Ref. 1). PHMSA also proposes the incorporation by reference of several new or updated International Organization for Standardization (ISO) standards as well as an updated version of the Organization for Economic Cooperation and Development (OECD) Guidelines for the Testing of Chemicals Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method. • Transport Canada temporary certificates: PHMSA proposes amendments to the HMR that would authorize the motor carrier or rail transportation of a hazardous material within the United States pursuant to a temporary certificate issued under Transport Canada’s Transportation of Dangerous Goods Regulations (TDG Regulations). • Hazardous Materials Table: PHMSA proposes amendments to the Hazardous Materials Table (HMT; 49 CFR 172.101) to add, revise or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits. • Data loggers: PHMSA proposes exception from certain regulations for lithium batteries in equipment that are attached to or contained in packagings, large packagings, intermediate bulk containers (IBCs), or cargo transport units as equipment in use or intended for use during transport, such as data loggers. This would clarify regulations applicable to data loggers and cargo tracking devices powered by lithium batteries that are attached to or contained in, and in use or intended for use during transport. Additionally, in response to the COVID–19 public health emergency, and consistent with revisions to the 2021–2022 ICAO Technical Instructions, PHMSA proposes exceptions specific to the air transportation of these items used in association with shipments of COVID– 19 pharmaceuticals, including vaccines. • Removal of metal wall thickness requirements for certain metal IBCs: PHMSA proposes to remove the minimum wall thickness requirements for metal IBCs that have a capacity of 1500 liters (L) or less. • Stabilized fish meal or fish scrap by air: PHMSA proposes to permit the transport of stabilized fish meal or fish VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 scrap (UN2216) on passenger and cargo aircraft. Currently, when transported as a Class 9 material, stabilized fish meal or fish scrap is only authorized for transportation by vessel. As a part of this proposal, PHMSA is also expanding the applicability of the stabilization requirements currently in place for shipments of these materials by vessel. • UN3549 Category A Medical Wastes: PHMSA proposes to create a new entry in the HMT for ‘‘UN3549, Medical Waste, Category A, Affecting Humans, solid or Medical Waste, Category A, Affecting Animals only, solid.’’ This entry provides an additional shipping description for solid materials meeting the Category A classification criteria that are not appropriate for classification in existing entries/classes ‘‘UN2814, Infectious substance, affecting humans’’ or ‘‘UN2900, Infectious substance, affecting animals only.’’ Solid medical waste containing Category A infectious substances generated from the medical treatment of humans or veterinary treatment of animals (e.g., disposable personal protective equipment) may be assigned to UN3549. Although PHMSA is not adopting certain packaging provisions adopted in the UN Model Regulations, it proposes assigning Special Provision 131, which directs shippers to request a special permit prior to transportation, to UN3549. Additionally, PHMSA proposes amending certain parts of § 173.134, which provides definitions and exceptions for Class 6, Division 6.2 hazardous materials, to include references to this new UN number and proper shipping name. • Additional packagings for ‘‘UN2211, Polymeric beads, expandable, evolving flammable vapor’’ and ‘‘UN3314, Plastic molding compound in dough, sheet or extruded rope form evolving flammable vapor’’: PHMSA proposes to expand the authorized packagings for polymeric beads and plastic molding compound to include combination packagings rather than limiting packaging options to single packagings. • Miscellaneous revisions of requirements pertaining to the transportation of lithium batteries: PHMSA proposes a number of revisions to HMR requirements, including, but not limited to, minimum size markings and modification of stowage requirements for lithium batteries including those offered as damaged/ defective or for disposal/recycling. PHMSA expects the revisions will contribute to the safe transportation of increased volumes of lithium batteries anticipated as a result of the increased PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 43845 use of that technology in the transportation and other economic sectors. • Definition of SADT (Selfaccelerating decomposition temperature) and SAPT (Selfaccelerating polymerizing temperature): PHMSA proposes to amend the definitions of SADT and SAPT to clarify that the lowest temperature at which the these may occur can take place in a packaging, IBC or portable tank. • Periodic inspection for chemicals under pressure: PHMSA proposes to extend the periodic inspection, from five to ten years, for cylinders that are filled with hazardous materials described as ‘‘UN3500, Chemicals under pressure, n.o.s.’’ that are also used as fire extinguishing agents. • Technical name requirements for marine pollutants: PHMSA proposes to amend provisions pertaining to the addition of technical names to the shipping description when transporting hazardous materials that contain marine pollutants. These amendments aim to provide flexibility with regard to documentation and marking requirements, which currently require identifying the technical names of marine pollutant components in those materials. Additionally, PHMSA proposes to amend §§ 172.203(l) and 172.322 to limit the applicability of requirements for specific marine pollutant constituents for generic entries (indicated by the letter ‘‘G’’ in column 1 of the Hazardous Materials Table) and those containing ‘‘n.o.s.’’ as part of the proper shipping names. • Stability tests for nitrocellulose: PHMSA proposes to add stability testing requirements for nitrocellulose, to require that these materials meet the criteria of the Bergmann-Junk test or methyl violet paper test in the UN Manual of Tests and Criteria, Appendix 10. Some of the proposed amendments represent improvements in safety (e.g., nitrocellulose stability testing, additional closures for packagings intended for pyrophoric materials, on deck stowage requirements for lithium batteries transported by vessel, etc.). All the proposed amendments are expected to maintain the HMR’s high safety standard for the public and the environment. Additionally, PHMSA anticipates that there are safety benefits to be derived from improved compliance related to consistency amongst domestic and international regulations. PHMSA solicits comment on the amendments proposed in this NPRM pertaining to: need, benefits and costs of the proposed HMR revisions; impact on safety and the environment; E:\FR\FM\10AUP4.SGM 10AUP4 43846 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules impact on environmental justice and equity; and any other relevant information. In addition, PHMSA solicits comment regarding approaches to reducing the costs of this rule while maintaining or increasing safety benefits. As further explained in the PRIA, PHMSA expects that the aggregate benefits of the amendments proposed in this NPRM justify their aggregate costs. Nonetheless, PHMSA solicits comment on specific changes (e.g., greater flexibility with regard to a particular proposal) that might improve the rule. jbell on DSKJLSW7X2PROD with PROPOSALS4 II. Background The Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.) directs PHMSA to participate in relevant international standard-setting bodies and encourages alignment of the HMR with international transport standards as consistent with promotion of safety and the public interest. See 49 U.S.C. 5120. This statutory mandate reflects the importance of international standard-setting activity in light of the globalization of commercial transportation of hazardous materials. Harmonization of the HMR with those efforts can reduce the costs and other burdens of complying with multiple or inconsistent safety requirements between nations. Consistency between the HMR and current international standards can also enhance safety by (1) ensuring that the HMR is informed by the latest best practices and lessons learned; (2) improving understanding of and compliance with pertinent requirements; (3) facilitating the smooth flow of hazardous materials from their points of origin to their points of destination, thereby avoiding risks to the public and the environment from release of hazardous materials from delays or interruptions in the transportation of those materials; and (4) enabling consistent emergency response procedures in the event of a hazardous materials incident. PHMSA participates in the development of international regulations and standards for the transportation of hazardous materials. It also adopts within the HMR international standards consistent with PHMSA’s safety mission. PHMSA reviews and evaluates each international standard it considers for incorporation within the HMR on its own merits, to include the effects on transportation safety, the environmental impacts, and any economic impact. PHMSA’s goal is to harmonize with international standards without diminishing the level of safety currently provided by the HMR or imposing VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 undue burdens on the regulated community. In a final rule published December 21, 1990,1 PHMSA’s predecessor, the Research and Special Programs Administration (RSPA), comprehensively revised the HMR for greater consistency with the UN Model Regulations. The UN Model Regulations constitute a set of recommendations issued by the United Nations SubCommittee of Experts (UNSCOE) on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The UN Model Regulations are amended and updated biennially by the UNSCOE and serve as the basis for national, regional, and international modal regulations, including the ICAO Technical Instructions and IMDG Code. PHMSA has evaluated recent updates to the international standards, and proposes to revise the HMR to adopt changes consistent with revisions to the 2021–2022 Edition of the ICAO Technical Instructions, Amendment 40– 20 to the IMDG Code,2 and the 21st revised edition of the UN Model Regulations, all of which were published by or in effect on January 1, 2021. PHMSA issued an enforcement discretion on October 1, 2020, stating that while PHMSA is considering the 2021–2022 Edition of the ICAO Technical Instructions and amendment 40–20 of the IMDG Code for potential adoption into the HMR, PHMSA and other Federal agencies that enforce the HMR (the Federal Railroad Administration, the Federal Aviation Administration (FAA), the Federal Motor Carrier Safety Administration, and the United States Coast Guard) will not take enforcement action against any offeror or carrier who uses these standards as an alternative to complying with current HMR requirements when all or part of the transportation is by air with respect to the ICAO Technical Instructions, or by vessel with respect to the IMDG Code. In addition, PHMSA and its partners will not take enforcement action against any offeror or carrier who offers or accepts for domestic or international transportation by any mode packages marked or labeled in accordance with these standards. This notice remains in effect until withdrawn or otherwise modified.3 Additionally, in response to 1 55 FR 52401 (Dec. 21, 1990). 40–20 to the IMDG Code may be voluntarily complied with as of January 1, 2021; however, Amendment 39–18 will remain effective through May 31, 2022. 3 PHMSA, Notice of Enforcement Policy Regarding International Standards (Oct. 1, 2020), 2 Amendment PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 the ongoing global COVID–19 public health emergency, on December 31, 2020 and February 23, 2021, ICAO published addenda to the 2021–2022 Edition of the ICAO Technical Instructions to provide additional provisions and exceptions to reduce regulatory compliance burdens for the transport of certain hazardous materials, such as alcohols and aerosols used for hygienic purposes, by air. PHMSA proposes to include those changes to international standards in this NPRM. Finally, PHMSA proposes to incorporate by reference these new international regulations and standards as well as new requirements from the IAEA, ‘‘Specific Safety Requirements Number SSR–6: Regulations for the Safe Transport of Radioactive Material 2018 Edition’’ (SSR–6, Ref. 1); several new or updated ISO standards; and an updated version of the OECD Guidelines for the Testing of Chemicals Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method. The standards incorporated by reference are authorized for use for domestic transportation, under specific conditions, by part 171, subpart C of the HMR. Contemporaneously with PHMSA’s development of the NPRM, the President has issued a series of Executive Orders coordinating Federal response to the COVID–19 public health emergency, a handful of those are pertinent to this NPRM. Specifically, section 2 of Executive Order 13987 (‘‘Organizing and Mobilizing the United States Government to Provide a Unified and Effective Response to Combat COVID–19 and To Provide United States Leadership on Global Health and Security’’) 4 contemplates broad-based action across the Federal Government to ‘‘produce, supply, and distribute personal protective equipment, vaccines, tests, and other supplies for the Nation’s COVID–19 response.’’ Similarly, Executive Order 14002 (‘‘Economic Relief Related to COVID–19 Pandemic’’) 5 directs Federal agencies like PHMSA to respond to the economic harm caused by the COVID–19 public health emergency by promptly identifying actions they can take within existing authorities to provide economic relief to affected persons and https://www.phmsa.dot.gov/sites/phmsa.dot.gov/ files/2020-10/Notice%20of%20 Enforcement%20Policy%20Regarding %20International%20Standards% 20Oct%201%202020.pdf. PHMSA expects that it may withdraw this enforcement discretion should the HMR amendments proposed here be adopted in a final rule. 4 86 FR 7019 (Jan. 20, 2021). 5 86 FR 7229 (Jan. 21, 2021). E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules businesses. Lastly, the President has announced ambitious reductions in national GHG emissions to combat climate, change, identifying electrification of the transportation and other economic sectors—to include enabling more widespread use of electric storage technologies (such as lithium batteries) — as a critical element of that effort.6 jbell on DSKJLSW7X2PROD with PROPOSALS4 III. Incorporation by Reference Discussion Under 1 CFR Part 51 According to the Office of Management and Budget (OMB), Circular A–119, ‘‘Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,’’ government agencies must use voluntary consensus standards wherever practical in the development of regulations. PHMSA currently incorporates by reference into the HMR all or parts of several standards and specifications developed and published by standard development organizations (SDO). In general, SDOs update and revise their published standards every 2 to 5 years to reflect modern technology and best technical practices. The National Technology Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104–113) directs Federal agencies to use standards developed by voluntary consensus standards bodies in lieu of government-written standards whenever possible. Voluntary consensus standards bodies develop, establish, or coordinate technical standards using agreed-upon procedures. OMB issued Circular A–119 to implement section 12(d) of the NTTAA relative to the utilization of consensus technical standards by Federal agencies. This circular provides guidance for agencies participating in voluntary consensus standards bodies and describes procedures for satisfying the reporting requirements in the NTTAA. Accordingly, PHMSA is responsible for determining which currently referenced standards should be updated, revised, or removed, and which standards should be added to the HMR. Revisions to materials incorporated by reference in the HMR are handled via the rulemaking process, which allows for the public and 6 See, e.g., White House, ‘‘Fact Sheet: President Biden Sets 2030 Greenhouse Gas Pollution Reduction Target Aimed at Creating Good-Paying Union Jobs and Securing U.S. Leadership on Clean Energy Technologies’’ (Apr. 21, 2021), https:// www.whitehouse.gov/briefing-room/statementsreleases/2021/04/22/fact-sheet-president-bidensets-2030-greenhouse-gas-pollution-reductiontarget-aimed-at-creating-good-paying-union-jobsand-securing-u-s-leadership-on-clean-energytechnologies/. VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 regulated entities to provide input. During the rulemaking process, PHMSA must also obtain approval from the Office of the Federal Register to incorporate by reference any new materials. The Office of the Federal Register issued a rulemaking on November 7, 2014 that revised 1 CFR 51.5 to require that agencies detail in the preamble of an NPRM the ways the materials it proposes to incorporate by reference are reasonably available to interested parties, or how the agency worked to make those materials reasonably available to interested parties. The UN Model Regulations, the UN Manual of Tests and Criteria, the IAEA Regulations for the Safe Transport of Radioactive Material, and the OECD Guidelines for the Testing of Chemicals Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method are free and easily accessible to the public on the internet, with access provided through the parent organization websites. The ICAO Technical Instructions, IMDG Code, and all ISO standard references are available for interested parties to purchase in either print or electronic versions through the parent organization websites. The price charged for those not freely available helps to cover the cost of developing, maintaining, hosting and accessing these standards. The specific standards are discussed in greater detail in Section V. IV. Amendments Not Being Considered for Adoption in this NPRM As documented below, PHMSA has determined that certain elements of updated international regulations and standards that are the subject of this rulemaking should not be adopted into the HMR because the structure of the HMR is such that it makes adoption unnecessary, or PHMSA has deemed it is a safer approach to authorize certain transport requirements through a special permit rather than adopting into the HMR. Use of a special permit allows for greater oversight and development of transport history and data prior to determining adoption within the HMR. The following is a list of elements of updated international standards that PHMSA is not considering for adoption in this NPRM, and the rationale for that decision: • Issue #1: As discussed previously, PHMSA proposes to add a new HMT entry for ‘‘UN3549 Medical Waste, Category A, Affecting Humans, solid or Medical Waste, Category A, Affecting Animals only, solid’’ for consistency with updates to the Dangerous Goods Lists of the ICAO Technical Instructions PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 43847 (Dangerous Goods List) and the UN Model Regulations. However, PHMSA is not proposing to revise the HMR/HMT to incorporate the corresponding packaging instructions for these materials. Instead, PHMSA plans to continue to approve the packaging and transport of these materials through a special permit. Maintaining approval of these shipments under a special permit allows for oversight of the grantees in that PHMSA can conduct a fitness evaluation prior to granting a special permit and data on the number of shipments made under a special permit are provided to PHMSA. • Issue #2: In the 2021–2022 Edition of the ICAO Technical Instructions, Special Provision A201 was revised to provide provisions for transport of lithium batteries on a passenger aircraft with the prior approval of the State of Origin and the operator, provided the batteries were intended for urgent medical need. PHMSA is not proposing to make a corresponding amendment to the HMR because PHMSA added § 173.185(g) in an interim final rule (HM–224I) published on March 6, 2019 7 in response to a statutory mandate in the FAA Reauthorization Act of 2018. Pub. L. 115–254 (Oct. 5, 2018). That HMR amendment provided limited exceptions from HMR prohibitions permitting air transportation of medical device batteries with the approval of the Associate Administrator. A final rule covering the issues adopted on an interim basis in HM–224I is currently under development. • Issue #3: The 21st revised edition of the UN Model Regulations, the 2021– 2022 edition of the ICAO Technical Instructions, and Amendment 40–20 to the IMDG Code amended various radioactive transportation requirements to harmonize with the IAEA Regulations for the Safe Transport of Radioactive Material, No. SSR–6. While PHMSA proposes to incorporate by reference Regulations for the Safe Transport of Radioactive Material, No. SSR–6, PHMSA is not proposing to harmonize the HMR with the remainder of the changes made by the various international regulations (i.e., ICAO Technical Instructions, UN Model Regulations, IMDG Code) regarding radioactive materials requirements. PHMSA plans to address domestic radioactive harmonization issues in a future rulemaking (HM–250A, under RIN137–AF42) in coordination with the Nuclear Regulatory Commission. • Issue #4: The 21st revised edition of the UN Model Regulations contains an 7 84 E:\FR\FM\10AUP4.SGM FR 8006 (Mar. 6, 2019). 10AUP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 43848 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules amendment to general requirements permitting the use of the proper shipping name ‘‘Articles containing dangerous goods, n.o.s.’’ Specifically, this amendment authorizes the use of this entry for articles containing explosives if the article is excluded from Class 1 (explosives) by meeting certain exclusion criteria identified in section 2.1.3.6.4 of the UN Model Regulations. However, PHMSA is not proposing a corresponding amendment to § 173.232 because PHMSA does not permit shippers to self-exclude a potential explosive (i.e., an article) from Class 1. Rather, § 173.56 of the HMR requires shippers to submit explosives to PHMSA-approved explosives test labs, which perform evaluations to determine whether the explosive meets the exclusion criteria and then recommend a classification to PHMSA for explosives submitted to them for review. If an article is excluded from Class 1, a document would be issued by PHMSA that indicates it is not an explosive, but must be classified based on any other hazard presented by the article. In this case, the shipper would be required to pick the most appropriate proper shipping name, which could include the appropriate ‘‘Articles, n.o.s.’’ entry. • Issue #5: The 21st revised edition of the UN Model Regulations contains amendments to Packing Instruction P801, applicable to used batteries assigned the following UN numbers: ‘‘UN2794, Batteries, wet, filled with acid, electric storage’’; ‘‘UN2795, Batteries, wet, filled with alkali, electric storage’’; and ‘‘UN3028, Batteries, dry, containing potassium hydroxide solid, electric storage.’’ These amendments were adopted to correct issues pertaining to requirements unique to the UN Model Regulations for the use of stainless steel boxes and plastic bins as packaging for those used batteries. In contrast, the HMR does not specify such packagings for used UN2794/2795/3028 batteries, nor does this NPRM propose to amend the HMR to authorize such packaging. Existing HMR packaging requirements in § 173.159 for such batteries are adequately protective. The HMR allows used batteries that are not damaged or leaking to be offered for transportation in accordance with the general packaging requirements in § 173.159(a)–(e) or paragraph (k) for damaged batteries. Because of the combination of general packaging requirements in 49 CFR part 173, subpart B, and the battery specific packaging requirements in § 173.159, PHMSA does not believe there is a safety justification to limit transportation of used batteries to those VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 packaged in accordance with the new UN packing instruction requirements in P801 or to add these stainless steel boxes or plastic bins to the current packaging authorizations in the HMR. V. Section-By-Section Review of NPRM Proposals The following is a section-by-section review of the amendments proposed in this NPRM. A. Part 171 Section 171.7 Section 171.7 provides a listing of all voluntary consensus standards incorporated by reference into the HMR, as directed by the NTTAA. For this rulemaking, PHMSA evaluated updated international consensus standards pertaining to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. PHMSA contributed to the development of those standards—each of which build on the well-established and documented safety histories of earlier editions — as it participated in the discussions and working group activities associated with their proposal, revision, and approval. Those activities in turn have informed PHMSA’s evaluation of the effect those updated consensus standards would have on safety when incorporated by reference and provisions adopted into the HMR. Further, PHMSA notes that some of the consensus standards proposed for incorporation by reference within the HMR in this rulemaking have already been adopted into the regulatory schemes of other countries; note again that PHMSA itself has issued an enforcement discretion authorizing their use as an interim strategy for complying with current HMR requirements. PHMSA is not aware of adverse safety impacts from that operational experience. For these reasons, PHMSA expects their adoption will maintain the high safety standard currently achieved under the HMR. Therefore, PHMSA proposes to add or revise the following incorporation by reference materials: 8 • In paragraph (s)(1), incorporate by reference the 2018 edition of the IAEA Regulations for the Safe Transport of Radioactive Material, Safety Standards Series No. SSR–6 (Rev.1), to replace the 2012 edition, which is currently referenced in §§ 171.22; 171.23; 171.26; 173.415; 173.416; 173.417; 173.435; and 173.473. The IAEA regulations establish 8 All other standards that are set out as part of the regulatory text of § 171.7(w) were previously approved for incorporation by reference and no changes are proposed. PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 standards of safety for control of the radiation, criticality, and thermal hazards to people, property, and the environment that are associated with the transport of radioactive materials. Notable changes from the previous edition include clarification of marking requirements, a new group of surface contaminated objects SCO–III for UN2914, and amendments to basic radionuclide values (activity of the radionuclide as listed in § 173.435) for seven specific radionuclides (Ba-135m, Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149 and Tb-161). The Regulations for the Safe Transport of Radioactive Material are available for download and purchase in hard copy on the IAEA website at: https://www.iaea.org/publications/ 12288/regulations-for-the-safetransport-of-radioactive-material. • In paragraph (t)(1), incorporate by reference the 2021–2022 edition of the ICAO Technical Instructions, to replace the 2019–2020 Edition, which is currently referenced in §§ 171.8; 171.22; 171.23; 171.24; 172.101; 172.202; 172.401; 172.407; 172.512; 172.519; 172.602; 173.56; 173.320; 175.10, 175.33; and 178.3. The ICAO Technical Instructions specify detailed instructions for the safe international transport of dangerous goods by air. The requirements in the 2021–2022 edition have been amended to align better with the 21st revised edition of the United Nations Recommendations on the Transport of Dangerous Goods and the IAEA Regulations for the Safe Transport of Radioactive Material. Notable changes in the 2021–2022 edition of the ICAO Technical Instructions include new packing and stowage provisions, new and revised entries on the Dangerous Goods List, and editorial corrections. The 2021–2022 edition of the ICAO Technical Instructions are available for purchase on the ICAO website at https://store.icao.int/en/ shop-by-areas/safety/dangerous-goods. • In paragraph (v)(2), incorporate by reference the 2020 edition of the IMDG Code, Incorporating Amendment 40–20 (English Edition), to replace Incorporating Amendment 39–18, 2018 Edition, which is currently referenced in §§ 171.22; 171.23; 171.25; 172.101; 172.202; 172.203 172.401; 172.407; 172.502; 172.519; 172.602; 173.21; 173.56; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140; 176.720; 176.906; 178.3; and 178.274. The IMDG Code is a unified international code that outlines standards and requirements for the transport of dangerous goods by sea. Notable changes in Amendment 40–20 include new packing and stowage provisions, new and revised entries on E:\FR\FM\10AUP4.SGM 10AUP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules the Dangerous Goods List, and editorial corrections. Distributors of the IMDG Code can be found on the International Maritime Organization (IMO) website at: https://www.imo.org/en/publications/ Pages/Distributors-default.aspx. • In paragraph (w), incorporate by reference or remove the following ISO documents to include new and updated standards for the specification, design, construction, testing, and use of gas cylinders: —ISO 10156:2017, ‘‘Gas cylinders— Gases and gas mixtures— Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets’’ in paragraph (w)(38) and referenced in § 173.115. ISO 10156 specifies methods for determining whether a gas or gas mixture is flammable in air and whether a gas or gas mixture is more or less oxidizing than air under atmospheric conditions. It is intended to be used for the classification of gases and gas mixtures including the selection of gas cylinder valve outlets. This amendment would remove ISO 10156:2010, third edition, and the associated corrigendum (ISO 10156:2010/Cor.1:2010(E)), from the HMR and add the revised ISO 10156:2017(E), fourth edition, as the former documents have been withdrawn by ISO and replaced with updated 2017 versions. As part of the five-year periodic review of all standards, ISO reviewed ISO 1056:2010 and published an updated version, ISO 10156:2017, which was published in September 2017 and adopted in the 21st revised edition of the UN Model Regulations. While many of the edits in this 2017 version were editorial changes made to suit the ISO publication rules, the standard has also been supplemented with a test method to determine the flammability limits of gases and gas mixtures in air and a calculation method to determine the lower flammability limit of a gas mixture. PHMSA expects that the latter change will enhance safety by providing improved instruction on determination of flammability of gases and gas mixtures which would aid in the proper selection of a valve. (see § 173.115 of the Section-by-Section Review for additional discussion of this proposed change). —ISO 10297: 2014/Amd 1:2017, ‘‘Gas cylinders — Cylinder valves— Specification and type testing’’ in paragraph (w)(42) and referenced in § 173.301b and § 178.71. ISO published this supplemental amendment to the 2014 version of this VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 document (i.e., ISO 10297: 2014) to clarify valve requirements for tubes and pressure drums and to correct errors found in the 2014 version. PHMSA proposes to reference this amendment in §§ 173.301b and 178.71, where use of ISO 10297:2014 is required. PHMSA reviewed this document and determined that the amendments it adds would provide additional safety benefits for hazardous materials in transportation. —ISO 10462:2013, ‘‘Gas cylinders — Transportable cylinders for dissolved acetylene — Periodic inspection and maintenance.’’ PHMSA proposes to delete this second edition of ISO 10462 currently in paragraph (w)(44) from the list of materials incorporated by reference. PHMSA requires the use of ISO 10462 for the requalification of a dissolved acetylene cylinder in § 180.207. In final rule HM–215N,9 PHMSA incorporated by reference the updated third edition of ISO 10462; however, the rule included a sunset provision to allow continued use of this second edition until December 31, 2018. Because this date has since passed, and the second edition is no longer authorized for use under § 180.207, PHMSA proposes removing reference to this edition in § 171.7, as well as a making a conforming revision to remove the sunset provision in § 180.207. —ISO 11114–1:2012/Amd 1:2017(E), ‘‘Gas cylinders—Compatibility of cylinder and valve materials with gas contents—Part 1: Metallic materials— Amendment 1,’’ in paragraph (w)(47), which PHMSA proposes to reference in § 172.102, § 173.301b, and § 178.71. This 2017 document supplements ISO 11114–1:2012(E), which provides requirements for the selection of safe combinations of metallic cylinder and valve materials, and cylinder gas contents. As part of ISO’s regular fiveyear review of its standards, the 2012 version of this document was amended through the issuance of this supplemental document, ISO 11114– 1:2012/Amd 1:2017(E). This 2017 document amends the 2012 version by providing more explicit instructions on the permissible concentrations of gases containing halogens in aluminum cylinders. It also provides amended requirements for butylene, hydrogen cyanide, hydrogen sulfide and nitric oxide. Consequently, the 21st revised edition of the UN Model Regulations updated all references to the 2012 edition to include a reference to the supplemental amendment (ISO 9 82 PO 00000 FR 15796 (Mar. 30, 2017). Frm 00007 Fmt 4701 Sfmt 4702 43849 11114–1:2012/Amd 1:2017(E)). PHMSA proposes to revise the HMR likewise, by amending Special Provision 379, § 173.301b and § 178.71 where ISO 11114–1:2012(E) is permitted or required, to also require compatibility with ISO 11114–1:2012/Amd 1:2017(E). —ISO 11119–1:2012(E), ‘‘Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing— Part 1: Hoop wrapped fibre reinforced composite gas cylinders and tubes up to 450 l’’, found in paragraph (w)(55). This document specifies requirements for composite gas cylinders and tubes between 0.5 L and 450 L water capacity, for the storage and conveyance of compressed or liquefied gases. ISO 11119–1:2012(E) is currently incorporated by reference in § 178.71; however, PHMSA is proposing to additionally incorporate by reference in § 178.75. —ISO 11119–2:2012(E), ‘‘Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with load-sharing metal liners’’ found in paragraph (w)(57). ISO 11119–2:2012 specifies requirements for composite gas cylinders and tubes between 0.5 L and 450 L water capacity, for the storage and conveyance of compressed or liquefied gases. ISO 11119–2:2012(E) is currently incorporated by reference in § 178.71; however, PHMSA is proposing to additionally incorporate by reference in § 178.75. —ISO 11119–2:2012/Amd.1:2014(E), Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with load-sharing metal liners, Amendment 1, found in paragraph (w)(58). ISO 11119–2:2012/ Amd. 1:2014(E) is currently incorporated by reference in § 178.71; however, PHMSA is proposing to additionally incorporate by reference in § 178.75. This supplemental amendment was published to align the drop test originally provided in ISO 11119–2 with the drop test outlined in ISO 11119–3 ‘‘Gas cylinders of composite construction— Specification and test methods—Part 3: Fully wrapped fibre reinforced composite gas cylinders with nonload-sharing metallic or non-metallic liners’’. —ISO 11119–3:2013(E), ‘‘Gas cylinders of composite construction— E:\FR\FM\10AUP4.SGM 10AUP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 43850 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules Specification and test methods—Part 3: Fully wrapped fibre reinforced composite gas cylinders with nonload-sharing metallic or non-metallic liners’’ listed in paragraph (w)(60). This document is currently incorporated by reference in § 178.71; however, PHMSA is proposing to additionally incorporate by reference in § 178.75. ISO 11119–3:2013 specifies requirements for composite gas cylinders up to 150 l water capacity and composite tubes above 150 L water capacity and up to 450 L water capacity, for the storage and conveyance of compressed or liquefied gases. —ISO 11119–4:2016, ‘‘Gas cylinders— Refillable composite gas cylinders— Design, construction and testing—Part 4: Fully wrapped fibre reinforced composite gas cylinders up to 150 L with load-sharing welded metallic liners,’’ in (w)(61), which PHMSA proposes to add a new reference to in § 178.71 and 178.75. This standard provides requirements for composite gas cylinders with load-sharing welded liners between 0.5 L and 150 L water capacity and a maximum test pressure of 450 bar 10 for the storage and conveyance of compressed or liquefied gases. PHMSA proposes requiring UN composite cylinders and tubes to conform to this standard in § 178.71. See 178.71 of Section-bySection Review for additional discussion on this new incorporation by reference. —ISO 14246:2014/Amd 1:2017, ‘‘Gas cylinders—Cylinder valves— Manufacturing tests and examinations—Amendment 1,’’ in paragraph (w)(72). PHMSA proposes to add a reference to this document in § 178.71. This one page amendment, published in 2017, is intended for use in conjunction with ISO 14246:2014, which specifies the procedures and acceptance criteria for manufacturing testing and examination of cylinder valves that have been manufactured to achieve type approval. This 2017 document amends the 2014 version by updating the pressure test and leakproofness test specifically for acetylene valves. Consequently, the 21st revised edition of the UN Model Regulations updated all references to the 2014 edition to include a reference to the supplemental amendment (ISO 14246/Amd 1:2017). Therefore, PHMSA proposes to do likewise by adding a reference to this supplement in § 178.71, where inspection and testing in accordance with ISO 14246:2014 are required. See 10 1 Bar = 100 kPa = 14.504 psi. VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 178.71 of the Section-by-Section Review for additional discussion on this proposal. —ISO 17879:2017, ‘‘Gas cylinders— Self-closing cylinder valves— Specification and type testing,’’ in paragraph (w)(75). PHMSA proposes to add a reference to this standard in § 173.301b and § 178.71. This standard provides the design, type testing, marking, and manufacturing tests and examinations requirements for self-closing cylinder valves intended to be fitted to refillable transportable gas cylinders used to transport compressed, liquefied or dissolved gases. —ISO 20475:2018, ‘‘Gas cylinders— Cylinder bundles—Periodic inspection and testing’’ in paragraph (w)(77). This standard provides the requirements for the periodic inspection and testing of cylinder bundles containing compressed, liquefied, and dissolved gas. PHMSA proposes to add a reference to this standard in § 180.207, which provides the requirements for requalification of UN pressure receptacles. All ISO standards are available for preview and purchase at: https:// www.iso.org/standards.html. • In paragraph (aa)(3), incorporate by reference the updated 2016 version of the OECD Guidelines for the Testing of Chemicals ‘‘Test No. 431: In vitro skin corrosion: reconstructed human Epidermis (RHE) test method.’’ PHMSA proposes to update the version of OECD Guidelines for the Testing of Chemicals Test No. 431 referenced in § 173.137, to maintain alignment with the UN Model Regulations. This document is used for the identification of corrosive chemical substances and mixtures. This updated edition includes in vitro methods allowing for better differentiation between hazard categories, which had not been possible under earlier editions due to the limited set of well-known in vivo corrosive sub-category chemicals against which to validate in vitro testing results. Therefore, this updated test protocol may provide clearer distinctions between severe and less severe skin corrosives. OECD test methods can be found in the OECD iLibrary available at https://www.oecdilibrary.org/. • In paragraph (dd), incorporate by reference United Nations standards including: —‘‘The Recommendations on the Transport of Dangerous Goods— Model Regulations,’’ 21st revised edition (2019), Volumes I and II, in paragraph (dd)(1), which are referenced in §§ 171.8; 171.12; PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 172.202; 172.401; 172.407; 172.502; 172.519; 173.22; 173.24; 173.24b; 173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; and 178.274. The Model Regulations provide framework provisions promoting uniform development of national and international regulations governing the transportation of hazardous materials by various modes of transport. At its ninth session on December 7, 2018, the UNSCOE on the Transport of Dangerous Goods and on the GHS adopted amendments to the UN Model Regulations concerning, inter alia, electric storage systems (including lithium batteries installed in cargo transport units and defective batteries), explosives, infectious waste of Category A, waste gas cartridges, harmonization with the 2018 edition of IAEA’s Regulations for the Safe Transport of Radioactive Material, listing of dangerous goods, update of LC50 values for some toxic gases and use of in vitro skin corrosion methods for classification. The 21st revised edition of the UN Model Regulations is available online at: https://unece.org/rev-21-2019. —The Manual of Tests and Criteria, 7th revised edition (2019), in paragraph (dd)(2), which is referenced in §§ 171.24, 172.102; 173.21; 173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 173.127; 173.128; 173.137; 173.185; 173.220; 173.221; 173.224; 173.225; 173.232; part 173, appendix H; 175.10; 176.905; and 178.274. The Manual of Tests and Criteria contains instruction for the classification of hazardous materials for purposes of transportation according to the UN Model Regulations. PHMSA proposes to replace the sixth revised edition (2015) and the sixth revised edition, Amendment 1 (2017) with the seventh revised edition. The amendments adopted in 2018 for the seventh revised edition include: A full review of the text of the Manual to facilitate its use in the context of the GHS; a new test under test series 8 to determine the sensitiveness of a candidate ammonium nitrate, emulsion or suspension, or gel, intermediate for blasting explosive, to the effect of intense localized thermal ignition under high confinement; new provisions addressing classification of polymerizing substances for transport; stability tests for nitrocellulose mixtures (new Appendix 10); and a compilation of classification results on industrial nitrocellulose in accordance with Chapter 2.17 of the GHS, which can be used for the E:\FR\FM\10AUP4.SGM 10AUP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules classification of industrial nitrocellulose based products (new Appendix 11). Additionally, the Committee considered that the reference to the ‘‘Recommendations on the Transport of Dangerous Goods’’ in the title of the manual was no longer appropriate, and decided that the manual should be entitled ‘‘Manual of Tests and Criteria.’’ Therefore, PHMSA proposes to amend the title of this document in the list of reference material in § 171.7 to reflect this change. The seventh revised edition of the ‘‘Manual of Tests and Criteria’’ can be accessed at: https://unece.org/rev7-files. —‘‘Globally Harmonized System of Classification and Labelling of Chemicals’’, eighth revised edition (2019) in paragraph (dd)(3), which is referenced in § 172.401. The GHS standard provides a basic scheme to identify the hazards of substances and mixtures and to communicate the hazards. At its ninth session on December 7, 2018, the Committee adopted a set of amendments to the seventh revised edition of the GHS which include, inter alia: new classification criteria, hazard communication elements, decision logics, and guidance for chemicals under pressure; new provisions for the use of in vitro/ex vivo data and non-test methods to assess skin corrosion and skin irritation; miscellaneous amendments to clarify the classification criteria for Specific Target Organ Toxicity; revised and further rationalized precautionary statements and an editorial revision of Sections 2 and 3 of Annex 3; new examples of precautionary pictograms to convey the precautionary statement ‘‘Keep out of reach of children’’; a new example in Annex 7 addressing labelling of sets or kits; and guidance on the identification of dust explosion hazards and the need for risk assessment, prevention, mitigation, and hazard communication. The eighth revised edition of the GHS can be accessed at https://unece.org/ghsrev8-2019. —‘‘European Agreement concerning the International Carriage of Dangerous Goods by Road’’, in (dd)(4), which is referenced in § 171.23. The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) outlines regulations concerning the international carriage of dangerous goods by road within the EU and other countries that are party to the agreement. This publication presents the European Agreement, the Protocol Signatures, the annexes, and the VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 amendments. In addition to a new title, the 2020 edition of this document includes amendments necessary to ensure harmonization of ADR with the UN Model Regulations, additional amendments adopted by the Working Group on Tanks as well as amendments proposed by the Working Group on Standards. PHMSA proposes to remove references to the 2019 edition of the ADR, ECE/TRANS/257, and add references to volumes I and II of the 2020 edition, ECE/TRANS/300. The ADR can be accessed at: https:// www.unece.org/trans/danger/publi/ adr/adr_e.html. Section 171.8 Section 171.8 defines terms used throughout the HMR that have broad or multi-modal applicability. Currently, the definitions provided in § 171.8 for SADT, i.e., ‘‘self-accelerating decomposition temperature’’ and SAPT, i.e., ‘‘self-accelerating polymerization temperature’’ only spell out the abbreviations and direct users to § 173.21—Forbidden materials and packages—for the actual defining criteria. PHMSA proposes to make editorial changes to improve the utility of the definitions of SADT and SAPT by providing a clear explanation of these terms in the context of packaging within the HMR. Section 171.12 Paragraph (a) of § 171.12 prescribes requirements for the use of the TDG Regulations for hazardous materials transported from Canada to the United States, from the United States to Canada, or through the United States to Canada or a foreign destination. PHMSA proposes to amend § 171.12(a)(1) to authorize the use of a temporary certificate issued by Transport Canada for motor carrier or rail transportation of a hazardous material. In a 2017 rulemaking, HM–215N,11 PHMSA authorized hazardous materials to be offered for transportation or transported by motor carrier and rail in accordance with an equivalency certificate issued by Transport Canada, as an alternative to transportation of these items under the TDG Regulations as provided in § 171.22. The HMR amendment resulted from negotiations by the U.S.-Canada Regulatory Cooperation Council (RCC), a government-to-government forum established in 2011 by the President of the United States and the Canadian Prime Minister for PHMSA and Transport Canada, respectively, to 11 82 PO 00000 FR 15796 (Mar. 30, 2017). Frm 00009 Fmt 4701 Sfmt 4702 43851 identify and resolve (with input from stakeholders) impediments to crossborder transportation of hazardous materials. Among the initiatives agreed upon by PHMSA and Transport Canada within the RCC was modification of their respective regulations to ensure reciprocal recognition of special permits (PHMSA) and certificates (Transport Canada) specifying the terms and conditions authorizing deviations from their respective regulatory requirements governing transportation of hazardous materials. Subsequently, Transport Canada recognized PHMSA’s special permits, which are issued based on either being in the public interest or on the basis that the permit provides a demonstrable equivalent level of safety. See § 107.105(d). In HM–215N, PHMSA revised the HMR to recognize equivalency certificates by Transport Canada on the basis of a finding of safety equivalence with the TDG Regulations. That rulemaking did not, however, reflect the fact that Transport Canada also issues temporary certificates authorizing deviation from the TDG Regulations on a finding that transportation of certain hazardous materials is in the public interest. Transport Canada issues temporary certificates after a technical review by its subject matter experts of an applicant’s supporting documentation demonstrating shipment of the hazardous material is in the public interest. Temporary certificates are of limited duration and specify terms and conditions—often extensive—to mitigate risks to public safety and the environment. Transport Canada posts all temporary certificates to its publiclyavailable website.12 PHMSA has evaluated Transport Canada’s practices in reviewing and issuing temporary certificates and expects that PHMSA’s recognition of those certificates for motor carrier or rail transportation of hazardous materials will not adversely affect safety. As noted above, Transport Canada issues those certificates only after a technical review is completed by its own subject matter experts to mitigate residual risks to public safety and the environment as outlined by the certificates’ terms and conditions, including limiting duration of those temporary certificates. Additionally, other regulatory requirements (of Transport Canada or PHMSA) not excepted by a temporary certificate remain in effect. PHMSA 12 See Transport Canada, ‘‘Approvals—Search by Certificate Number,’’ https://wwwapps.tc.gc.ca/SafSec-Sur/3/approvals-approbations/ SearchCertificates.aspx (last visited Apr. 16, 2021). E:\FR\FM\10AUP4.SGM 10AUP4 43852 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules further notes that, consistent with the HMR’s existing authorization in § 171.12 for reliance on the TDG Regulations to authorize certain shipments in the United States, the proposed new authorization to use a temporary certificate applies only for the duration of a shipment. In other words, once a shipment offered in accordance with a temporary certificate reaches its destination, any subsequent offering of packages imported under a Transport Canada temporary certificate would have to be completed in full compliance with the HMR. PHMSA’s proposed revisions to § 171.12 would further mitigate risk to public safety and the environment by applying only to motor carrier and rail. The proposed recognition of Transport Canada-issued temporary certificates would improve cross-border movement of hazardous materials from efforts responding to the COVID–19 public health emergency or other future emergencies. For example, among the temporary certificates recently issued by Transport Canada are several authorizing exceptions from TDG Regulations to enable movement of hand sanitizer chemicals and COVID–19 test samples.13 Revision of the HMR as proposed would help to ensure that, should Transport Canada issue additional temporary certificates responding to the COVID–19 public health emergency or another crossborder threat to public safety or the environment, the HMR will not be an obstacle to those efforts. jbell on DSKJLSW7X2PROD with PROPOSALS4 Section 171.23 Section 171.23 outlines the requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations. It also includes provisions that authorize the use, under specific conditions, of pi-marked pressure vessels, which are pressure vessels and pressure receptacles that comply with ECE/TRANS/257, the ADR, and the EU Directive 2010/35/EU, and marked with a pi (p) symbol to denote such compliance. PHMSA proposes to amend § 171.23(a) to update the reference to ECE/TRANS/257 to: (1) Reference the 2020 edition of this document, ECE/TRANS/300, and (2) reference both volumes I and II of the ADR. The ADR outlines the regulations concerning the international carriage of dangerous goods by road within the EU 13 See Transport Canada, ‘‘Temporary Certificates,’’ https://tc.canada.ca/en/dangerousgoods/temporary-certificates (last visited Apr. 16, 2021). VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 and other countries that are member to the agreement, and this publication contains the European Agreement, the Protocol Signatures, the annexes, and the amendments. Specifically, § 171.23(a) authorizes cylinders that comply with the requirements of Packing Instruction P200 (packing instruction for cylinders, tubes, pressure drums, and bundles of cylinders) or P208 (packing instruction for Class 2 adsorbed gases) and 6.2 (requirements for the construction and testing of pressure receptacles, aerosol dispensers, small receptacles containing gas (gas cartridges), and fuel cell cartridges containing liquefied flammable gas) of the ADR, published in 2019 as document ECE/TRANS/257. Upon review of the 2020 edition of this document, ECE/TRANS/300, PHMSA did not find any substantive changes to the provisions in 6.2, P200, or P208, and therefore, does not expect that incorporating by reference ECE/TRANS/ 300 will impose any safety risk or economic impact. However, updating the version incorporated by reference to reflect the edition that is currently in force would facilitate access to foreign markets by U.S. manufacturers and businesses. The proposed regulatory text references European Directive 2010/35/ EU, which was previously approved for incorporation by reference in this section, and no changes are proposed for this standard. B. Part 172 Section 172.101 Hazardous Materials Table (HMT) The HMT summarizes terms and conditions governing transportation of certain hazardous materials under the HMR. For each entry, the HMT identifies information such as the proper shipping name, UN identification number, and hazard class. The HMT specifies additional information or reference requirements in the HMR such as hazard communication, packaging, quantity limits aboard aircraft, and stowage of hazardous materials aboard vessels. PHMSA proposes to amend certain entries in the HMT to reflect the proposed regulatory amendments discussed below in the Section by Section review. For purposes of the Government Publishing Office’s typesetting procedures, proposed changes to the HMT appear under three sections of the HMT: ‘‘remove,’’ ‘‘add,’’ and ‘‘revise.’’ Certain entries in the HMT, such as those with revisions to the proper shipping names, appear as a ‘‘remove’’ and ‘‘add.’’ Proposed PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 amendments to the HMT include the following: New HMT Entries • UN0511 Detonators, electronic programmable for blasting • UN0512 Detonators, electronic programmable for blasting • UN0513 Detonators, electronic programmable for blasting • UN3549 Medical Waste, Category A, Affecting Humans, solid or Medical Waste, Category A, Affecting Animals only, solid The UN Model Regulations contain a new entry to its Dangerous Goods List for regulated medical waste in Category A (see above list for UN3549). PHMSA proposes to add this new entry for this proper shipping name and UN number, and assigning Special Provision 131 to inform offerors that an approval is required when shipping this material. PHMSA also proposes to assign a new special provision, Special Provision 430, to specify the appropriate use of this proper shipping name. The addition of a proper shipping name that more specifically describes the material in transportation is expected to reduce regulatory burdens in shipping this material internationally and domestically. And by limiting the scope of transport by way of special provision approval requirements for each shipment, PHMSA can exercise greater oversight of the transport of these materials to, from, or within the United States. PHMSA also proposes to add three new entries for the proper shipping name ‘‘Detonators, electronic programmable for blasting’’ with the following new UN numbers: UN0511, UN0512, and UN0513. These entries were added in the 21st revised edition of UN Model Regulations as result of a proposal from the Australian Explosives Industry and Safety Group (AEISG) and ensuing discussions held by the UN Working Group on Explosives (EWG) of the Sub-Committee of Experts on the Transport of Dangerous Goods in 2017 and 2018.14 AEISG proposed adding new entries in the Model Regulations for electronic detonators to distinguish them from electric detonators, which have significantly different design characteristics. The HMT has nine entries for detonators (not used for ammunition) which include: ‘‘Detonators, nonelectric for blasting,’’ ‘‘Detonators, electric for blasting,’’ and ‘‘Detonator assemblies, non-electric for blasting,’’ which may fall in to one of three hazard 14 https://unece.org/fileadmin/DAM/trans/doc/ 2018/dgac10c3/ST-SG-AC.10-C.3-2018-58e.pdf. E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS4 classes (1.1B, 1.4B, 1.4S). Under the hazardous materials classification scheme, based on the existing available entries, electronic detonators are required to be transported as ‘‘Detonators, electric for blasting’’ which is not the most accurate description. While using this name does not pose inherent risks during transportation, it creates potential for risks in downstream storage, use, and handling operations. Because electronic detonators are significantly different from other electric and non-electric detonators, PHMSA proposes new entries for these devices rather than including them within the existing entries for electric detonator types. As with other explosives, the proper classification of these devices would depend on packaging and testing, hence new entries must include all possible hazard classifications (1.1B, 1.4G, and 1.4S). For other newly added hazardous materials assigned a UN number on the Dangerous Goods List in the UN Model Regulations, PHMSA proposes to add: UN0511 (1.1B), UN0512 (1.4B), and UN0513 (1.4S) to the HMT to facilitate proper classification and handling across governmental and modal jurisdictions. PHMSA expects that this change would provide clarity and enhance safety by adding more specific proper shipping names to describe electric detonators. Column (1) Symbols Section 172.101(b) describes column (1) of the HMT and symbols providing for additional requirements for transportation of listed hazardous materials that may be indicated in the column. As provided in § 172.101(b)(1): (1) The symbol ‘‘A’’ identifies a material that is subject to the requirements of the HMR only when offered or intended for transportation by aircraft; (2) the symbol ‘‘W’’ identifies a material that is subject to the requirements of the HMR only when offered or intended for transportation by vessel; and (3) the symbol ‘‘I’’ identifies proper shipping names which are appropriate for describing materials in international transportation. The UN Model Regulations were amended for consistency with the ICAO Technical Instructions to indicate that in addition to being regulated by vessel, the following entries are also regulated for air transport: ‘‘UN1372, Fibers, animal or Fibers, vegetable burnt, wet or damp,’’ ‘‘UN1387, Wool waste, wet,’’ ‘‘UN1856, Rags, oily,’’ ‘‘UN1857, Textile waste, wet,’’ and ‘‘UN3360, Fibers, vegetable, dry.’’ In the case of these particular entries, they are forbidden for air transport in the ICAO Technical VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 Instructions. While reviewing this amendment, PHMSA found that all of these entries except for ‘‘UN3360, Fibers, vegetable, dry,’’ are also identified as only being regulated for air and vessel transportation as denoted by the symbols ‘‘A’’ and ‘‘W’’ in column (1). For UN3360, the symbols ‘‘I’’ and ‘‘W’’ are presently assigned in column (1) and the quantity limit in column (9) is ‘‘No Limit’’ for both passenger and cargo air. This is inconsistent with the ICAO Technical Instructions which forbid this material for transport by air. Therefore, consistent with the ICAO Technical Instructions for the UN3360 entry, PHMSA proposes to add the symbol ‘‘A’’ to column (1) and amend column (9) to read ‘‘Forbidden.’’ This is further consistent with the entries for similar materials ‘‘UN1372, Fibers, animal or Fibers, vegetable’’ and ‘‘UN1373, Fibers or Fabrics, animal or vegetable or Synthetic, n.o.s.’’ that are also assigned the symbol ‘‘A’’ in column (1) and ‘‘Forbidden’’ in column (9). PHMSA expects that this change will facilitate international air transportation and save shippers time and costs by preventing delayed and rejected shipments. Column (2) Hazardous Materials Descriptions and Proper Shipping Names Section 172.101(c) describes column (2) of the HMT and the requirements for hazardous materials descriptions and proper shipping names. The UN Model Regulations contain the entry ‘‘UN3363, Dangerous Goods in Articles or Dangerous Goods in Machinery or Dangerous Goods in Apparatus,’’ in its Dangerous Goods List; however, the HMT entry UN3363 does not include ‘‘Dangerous Goods in Articles or,’’ in the proper shipping name. PHMSA proposes to add ‘‘Dangerous Goods in Articles or,’’ to the proper shipping name. This change provides flexibility for shippers selecting the most appropriate proper shipping name by adding a third option in the proper shipping name associated with this UN Number. Additionally, for the proper shipping name ‘‘Fuel system components (including fuel control units (FCU), carburetors, fuel lines, fuel pumps)’’ which currently directs HMT users to ‘‘see Dangerous Goods in Apparatus or Dangerous Goods in Machinery’’, PHMSA proposes to amend the directions to include a reference to ‘‘Dangerous Goods in Articles.’’ PHMSA expects that these changes will improve hazard communication by including a more specific description for articles containing hazardous materials. PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 43853 Additionally, for the entry ‘‘UN2522, 2-Dimethylaminoethyl methacrylate,’’ PHMSA proposes to add the word ‘‘stabilized’’ to this proper shipping name to identify this material as a polymerizing substance. Discussions held by the UNSCOE identified ‘‘UN2522, 2-Dimethylaminoethylmethacrylate’’ as having a similar molecular structure and polymerization behaviors to ‘‘UN 3302, 2Dimethylaminoethyl acrylate, stabilized.’’ Under the HMR and international regulations, polymerizing substances require verification that a sufficient level of stabilization is provided prior to transportation. This requirement for stabilization is also indicated by assignment of Special Provision 387 in the HMT, which PHMSA proposes to add for UN2522. Finally, for the entry ‘‘UN3171, Battery-powered vehicle or Batterypowered equipment,’’ PHMSA proposes to make an editorial change to italicize the ‘‘or’’ in the hazardous material description. Currently, the ‘‘or’’ is in roman type and not italicized. Section 172.101(c) introductory text instructs that proper shipping names are limited to those in roman type. Moreover, the current form of the entry is such that a person may confuse the proper shipping name with the whole description and not the option of ‘‘Battery-powered vehicle’’ or ‘‘Battery-powered equipment.’’ Therefore, PHMSA proposes revising the entry to read ‘‘Battery-powered vehicle or Batterypowered equipment.’’ Column (5) Packing Group Section 172.101(f) describes column (5) of the HMT, which specifies one or more packing groups (PG I, II or III), assigned to certain materials. A PG indicates the required level of packaging according to the degree of danger presented by hazardous materials. PG I indicates the greatest level of danger, PG II corresponds to a medium level of danger, and PG III corresponds to a minor danger. For consistency with the UN Model Regulations, PHMSA proposes to remove the assignment of PG II as indicated in column (5) for the entry ‘‘UN3291, Regulated medical waste, n.o.s. or Clinical waste, unspecified, n.o.s. or (BIO) Medical waste, n.o.s. or Biomedical waste, n.o.s., or Medical Waste n.o.s.’’ This entry is the only entry with a Division 6.2 classification that has PG II assigned in column (5). Amending this entry not to include PG II would align with international regulations and § 172.101(f), which specifically states that Division 6.2 materials are not assigned packing E:\FR\FM\10AUP4.SGM 10AUP4 43854 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules groups in the HMR. For packing purposes, any requirement for a specific packaging performance level is set out in the applicable packing authorizations of part 173. Instead of having PG II indicated in Column (5), packing provisions for these materials would continue to be outlined in § 173.197. PHMSA expects this editorial change will maintain the current level of safety as no packing provisions are changing. jbell on DSKJLSW7X2PROD with PROPOSALS4 Column (6) Label Codes Section 172.101(g) describes column (6) of the HMT, which contains label codes representing the hazard warning labels required for specific hazardous materials in the HMT. In the HM–215O final rule,15 PHMSA added twelve HMT entries as part of a classification scheme for articles containing hazardous materials not otherwise specified by name (i.e., n.o.s. entries) in the HMR. The entries were inadvertently added without label codes in column (6). PHMSA proposes to correct the entries here by adding the appropriate label codes to the following: • UN3537 Articles containing flammable gas, n.o.s. • UN3538 Articles containing nonflammable, non-toxic gas, n.o.s. • UN3539 Articles containing toxic gas, n.o.s. • UN3540 Articles containing flammable liquid, n.o.s. • UN3541 Articles containing flammable solid, n.o.s. • UN3542 Articles containing a substance liable to spontaneous combustion, n.o.s. • UN3543 Articles containing a substance which in contact with water emits flammable gases, n.o.s. • UN3544 Articles containing oxidizing substance, n.o.s. • UN3545 Articles containing organic peroxide, n.o.s. • UN3546 Articles containing toxic substance, n.o.s. • UN3547 Articles containing corrosive substance, n.o.s. • UN3548 Articles containing miscellaneous dangerous goods, n.o.s. Column (7) Special Provisions Section 172.101(h) describes column (7) of the HMT, which assigns special provisions for each HMT entry. Section 172.102 provides for the meaning and requirements of the special provisions assigned to entries in the HMT. The proposed revisions to column (7) of certain entries in the HMT are discussed below. Also, see § 172.102 of the Section-By-Section Review below for a detailed discussion of the special 15 85 FR 27810 (May 11, 2020). VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 provision amendments addressed in this NPRM. Special Provision 196: PHMSA proposes to add new Special Provision 196 to the following HMT entries to outline thermal stability testing requirements for their transportation: • UN0340, Nitrocellulose, dry or wetted with less than 25 percent water (or alcohol), by mass • UN0341, Nitrocellulose, unmodified or plasticized with less than 18 percent plasticizing substance, by mass • UN0342, Nitrocellulose, wetted with not less than 25 percent alcohol, by mass • UN0343, Nitrocellulose, plasticized with not less than 18 percent plasticizing substance, by mass. Special Provision 197 PHMSA proposes to assign new Special Provision 197 to the following entries in the HMT to outline thermal stability testing requirements for their transportation: • UN2555, Nitrocellulose with water with not less than 25 percent water, by mass • UN2556, Nitrocellulose with alcohol with not less than 25 percent alcohol by mass, and with not more than 12.6 percent nitrogen, by dry mass • UN2557, Nitrocellulose, with not more than 12.6 percent nitrogen, by dry mass mixture with or without plasticizer, with or without pigment UN3380, Desensitized explosives, solid, n.o.s. Special Provision 360 PHMSA proposes to assign Special Provision 360 to the following HMT entries: • UN3481, Lithium ion batteries, contained in equipment or packed with equipment including lithium ion polymer batteries • UN3091, Lithium metal batteries, contained in equipment or packed with equipment including lithium alloy batteries Special Provision 360 instructs that vehicles only powered by lithium batteries must be assigned the identification number UN3171. See Section 172.102 Special Provisions for further discussion of Special Provision 360. Special Provision 387 PHMSA proposes to assign Special Provision 387 to the HMT entry for ‘‘UN2522, 2-Dimethylaminoethyl methacrylate.’’ Special Provision 387 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 provides additional instructions for hazardous materials stabilized by chemical or temperature controls to ensure a level of stabilization prior to transportation sufficient to prevent the material from dangerous polymerization. The rationale for this change is discussed further below. Portable Tank Special Provisions PHMSA proposes to remove Special Provisions TP39 and T41 for the entries ‘‘UN2381, Dimethyl disulfide’’ and ‘‘UN3148, Water-reactive liquid, n.o.s.’’ respectively, as the transition period has expired. In HM–215L,16 PHMSA added Special Provisions TP39 and TP41. Special Provision TP39 was assigned to HMT entry UN2381 and Special Provision TP41 was assigned to HMT entry UN3148. PHMSA added these two special provisions to provide more time for portable tank transporters to transition their fleets in compliance with portable-tank specific requirements in Special Provisions T4 and T9. Special Provision TP39 authorized continued use of portable tank requirements in Special Provision T4 until December 31, 2018. Special Provision TP41 authorized the continued use of portable tank instruction T9 until December 31, 2018. Since that date has passed, TP39 and TP41 are no longer necessary. Column (9) Quantity Limitations Section 172.101(j) explains the purpose of column (9) in the HMT. Column (9) specifies quantity limitations for packages transported by air and rail. Column (9) is divided into two columns: Column (9A) provides quantity limits for passenger aircraft/ rail; and column (9B) provides quantity limits for cargo aircraft. The proposed revisions only address transportation by aircraft, as the UN Model Regulations did not contemplate any changes to the limitations for transport via rail. The ICAO Technical Instructions have added provisions allowing ‘‘UN2216, Fish meal, stabilized or Fish scrap, stabilized’’ to be transported by aircraft when also meeting the provisions of ICAO Special Provision A219. Consistent with the ICAO Technical Instructions, PHMSA proposes to amend Column 9 for this entry to indicate quantity limits for passenger and cargo aircraft of 100 kg and 200 kg, respectively. As a conforming amendment, PHMSA is also proposing to revise the § 173.218 packaging requirements for fish meal and fish scrap to reflect the authorization to transport this material by aircraft in addition to vessel. See 16 78 E:\FR\FM\10AUP4.SGM FR 987; (Jan. 1, 2013). 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS4 SECTION 173.218 of the Section-BySection Review for further detail. Column (10) Vessel Stowage Section 172.101(k) explains the purpose of Column (10) of the HMT and prescribes the vessel stowage and segregation requirements for specific entries. Column (10) is divided into two columns: Column (10A) [Vessel stowage] specifies the authorized stowage locations on board cargo and passenger vessels; and Column (10B) [Other provisions] specifies special stowage and segregation provisions. In Column (10A) for the entry for ‘‘UN3135, Water-reactive solid, selfheating, n.o.s, PG I,’’ consistent with the IMDG Code, PHMSA proposes to amend the assigned stowage category from ‘‘E’’ to ‘‘D.’’ This proposed change means the material must be stowed ‘‘on deck only’’ on a cargo vessel or on a passenger vessel carrying a number of passengers limited to the greater of 25 passengers total or one passenger for each 3 meters of overall vessel length; transport would be prohibited on a passenger vessel in which those passenger limits have been exceeded. Stowage category ‘‘E’’ is currently assigned to this material which allows ‘‘under deck’’ storage. This proposed change is consistent with the stowage category for other Division 4.3, PG I, materials with subsidiary hazards that are also assigned stowage category ‘‘D’’ for ‘‘on deck only’’ stowage. The IMDG Code removed approval requirements (Special Provision 76) from this material and the assignment of appropriate transport provisions. For the ‘‘UN2900, Infectious substances, affecting animals only’’ and ‘‘UN2814, Infectious substances, affecting humans,’’ PHMSA proposes to amend the assigned stowage category from ‘‘B’’ to ‘‘E.’’ This proposed change would allow ‘‘on deck’’ or ‘‘under deck’’ stowage, but would not allow stowage onboard when the number of passengers exceeds 25. This proposed change aligns with the IMDG Code assignment of this stowage category to these materials and is not expected to materially change the nature of authorized transport options for these materials. Additionally, consistent with changes to the IMDG Code, PHMSA proposes numerous changes to the special stowage and segregation provisions indicated in column (10B) of the HMT, labeled ‘‘other provisions.’’ PHMSA proposes to assign stowage code 52, which requires stowage ‘‘separated from’’ acids, to several entries in the HMT that are in a group of chemicals called alcoholates. Segregation from acids is currently not required by the VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 HMR for these materials. However, alcoholates are strong alkaline substances that react vigorously with acids. Stowage code 52 would be assigned to the following HMT entries: • UN1289, Sodium methylate solutions in alcohol • UN1431, Sodium methylate • UN3206, Alkali metal alcoholates, self-heating, corrosive, n.o.s. • UN3274, Alcoholates solution, n.o.s., in alcohol For the entries ‘‘UN2900, Infectious substances, affecting animals only’’ and ‘‘UN2814, Infectious substances, affecting humans,’’ PHMSA proposes adding stowage codes 13 and 95 and new stowage code 155. Stowage codes 13 and 95 require keeping material as dry as reasonably practicable and stowage ‘‘separated from’’ foodstuffs. The IMDG Code has varying levels of stowage either ‘‘away from’’ or ‘‘separated from’’ foodstuffs depending on the type of shipment (e.g., containerized or break-bulk). PHMSA proposes the more restrictive ‘‘separated from,’’ regardless of the type of shipment, and specifically solicits comments on this proposal. The stowage of these materials separated from foodstuffs is expected to prevent inadvertent cross contamination of food stuffs. New stowage code 155 requires vessel carriers to keep handling of the packages to a minimum and to inform the appropriate authority or veterinary authority where persons or animals may have been exposed to the package contents. Additionally, this handling restriction and communication requirement may facilitate reducing exposure and contract tracing surrounding UN2814 packages that contain COVID–19 materials. With the exception of the general ‘‘separated from’’ proposed language, these proposals are consistent with IMDG Code requirements. Additionally, for the PG II and III entries of ‘‘UN3129, Water-reactive liquid, corrosive, n.o.s,’’ ‘‘UN3132, Water-reactive solid, flammable, n.o.s,’’ and ‘‘UN3135, Water-reactive solid, selfheating, n.o.s,’’ which are all water reactive Division 4.3 materials, PHMSA proposes adding stowage code 85 to column (10B). Stowage code 85 requires ‘‘under deck’’ stowage in mechanically ventilated spaces. This proposal is intended to ensure that if the cargo is stowed under deck, adequate mechanical ventilation is provided. Mechanical ventilation is important to ensure any potential dangerous gases or vapors released are expelled from the cargo hold and not allowed to build up below deck. PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 43855 PHMSA proposes adding stowage code 156 to the lithium battery entries ‘‘UN3090, Lithium metal batteries,’’ ‘‘UN3091, Lithium metal batteries contained in equipment, or Lithium metal batteries packed with equipment,’’ ‘‘UN3480, Lithium ion batteries,’’ and ‘‘UN3481, Lithium ion batteries contained in equipment or Lithium ion batteries packed with equipment’’ in the HMT in column (10B). This new stowage code assignment requires that, in lieu of the stowage category A assigned in column (10A) in the current HMR which allows stowage ‘‘on deck’’ or ‘‘under deck,’’ lithium batteries that are offered in transportation for purposes of disposal or recycling, or that are offered under damaged or defective provisions (see § 173.185(f) of the HMR), would be required to be stowed in accordance with stowage category C which requires ‘‘on deck only’’ stowage on cargo and passenger vessels. PHMSA expects that this new stowage code will enhance the safety of shipment of lithium batteries expected from anticipated increases in use of lithium batteries in the transportation and other economic sectors in the years ahead. PHMSA proposes adding stowage code 157 to column (10B) for numerous entries in the HMT. Stowage code 157 would require aerosols, small receptacles containing gas, or gas cartridges transported for purposes of recycling or disposal, to be stowed in accordance with stowage category C, which requires ‘‘on deck only’’ stowage, and to be clear of living quarters. This stowage code requirement is in lieu of the stowage category A assigned in column (10A) in the current HMR allowing ‘‘on deck’’ or ‘‘under deck’’ stowage. PHMSA proposes to add new stowage code 157 to the following entries in the HMT: • UN1950, Aerosols, corrosive, Packing Group II or III, (each not exceeding 1 L capacity) • UN1950, Aerosols, flammable, (each not exceeding 1 L capacity) • UN1950, Aerosols, flammable, n.o.s. (engine starting fluid) (each not exceeding 1 L capacity) • UN1950, Aerosols, non-flammable, (each not exceeding 1 L capacity) • UN1950, Aerosols, poison, Packing Group III (each not exceeding 1 L capacity) • UN2037, Gas cartridges, (flammable) without a release device, nonrefillable • UN2037, Receptacles, small, containing gas or gas cartridges (flammable) without release device, not refillable and not exceeding 1 L capacity E:\FR\FM\10AUP4.SGM 10AUP4 43856 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules • UN2037, Receptacles, small, containing gas or gas cartridges (nonflammable) without release device, not refillable and not exceeding 1 L capacity • UN2037, Receptacles, small, containing gas or gas cartridges (oxidizing), without release device, not refillable and not exceeding 1 L capacity jbell on DSKJLSW7X2PROD with PROPOSALS4 Section 172.102 Special Provisions Section 172.102 lists special provisions applicable to the transportation of specific hazardous materials. Special provisions contain various provisions including packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. PHMSA proposes the following revisions to the special provisions in this section: Special Provision 47 Special Provision 47 allows mixtures of solids that are not subject to the HMR and Class 3 flammable liquids to be transported as flammable solid material described as ‘‘UN3175, Solids containing flammable liquid, n.o.s., 4.1,’’ without applying the Division 4.1 classification criteria. This classification is permitted provided that there is no free liquid visible at the time the material is loaded or at the time the packaging is closed. In addition to providing classification testing relief for these items, this special provision provides further relief from the HMR for packets and articles, generally referred to as small inner packagings, if they contain less than 10 mL of a Class 3 liquid (in Packing Group II or III) and if the liquid is absorbed (i.e., no free liquid in the packet or article) onto a solid material. This special provision is widely used for articles such as alcohol wipes, and due to the ongoing COVID– 19 public health emergency, these items are being transported in increasing numbers to meet demand. While many of these wipes, depending how they are packed, meet the conditions of this special provision and qualify for exception from regulation, confusion around the wording of the packaging conditions to qualify for the exception has led to an editorial amendment in the ICAO Technical Instructions. On December 31, 2020, in an addendum to the 2021–2022 edition of the ICAO Technical Instructions, Special Provision A46 was amended to remove a reference to ‘‘small inner packaging’’ related to the sealed packets and articles. Prior to this amendment, and as currently provided in the HMR in Special Provision 47, it reads that to VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 be excepted from the HMR, ‘‘small inner packagings consisting of sealed packets and articles containing less than 10 mL of a Class 3 liquid in Packing Group II or III absorbed onto a solid material are not subject to this subchapter provided there is no free liquid in the packet or article.’’ The phrasing is ambiguous enough that shippers may misinterpret the language as instructing them to pack small inner packagings with the sealed packets or articles. Instead, the intent of ‘‘small inner packagings’’ was to describe sealed packets and articles. The amendment to Special Provision A46 in the ICAO Technical Instructions is consistent with other provisions in the ICAO Technical Instructions; for example, Special Provision A158 clearly states that sealed packets and articles containing less than 10 mL of an environmentally hazardous liquid are not subject to the requirements when certain conditions are met. PHMSA agrees with the amendment made in the ICAO Technical Instructions removing the reference to ‘‘small inner packagings’’ to avoid confusion and proposes to make the same revision in Special Provision 47 to clarify the exception within the HMR. PHMSA expects this clarification of its regulations will facilitate the transport of hygienic products intended to prevent the spread of COVID–19. Special Provision 134 Special Provision 134 provides instruction on the use of the HMT entry ‘‘UN3171, Battery-powered vehicle or Battery-powered equipment,’’ stipulating that it applies only to vehicles or equipment powered by wet batteries, sodium batteries, lithium metal batteries, or lithium ion batteries that are transported with these batteries installed. PHMSA proposes to amend language in Special Provision 134 to clarify its use in connection with lithium batteries installed in cargo transport units. Under the proposed amendment, these items would be described by a separate entry in the HMT, specifically, ‘‘UN3536, Lithium batteries installed in cargo transport unit’’ for which there are unique transportation requirements that do not apply to transport of battery-powered vehicles or equipment. PHMSA is also amending the language in this special provision to replace the phrase ‘‘consigned under’’ with the phrase ‘‘described using’’ to provide a more easily-accessible, plain language understanding of the requirement. Special Provision 135 Special Provision 135 provides instruction for selecting the appropriate PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 proper shipping name for vehicles with internal combustion engines powered by various fuel sources, such as a flammable gas, flammable liquid, or fuel cell. PHMSA proposes to amend Special Provision 135 to specify that lithium batteries installed in cargo transport units (UN3536), which are designed only to provide power external to the transport unit, may not be classified as an internal combustion engine installed in a vehicle. PHMSA expects that adding this clarifying language will avoid misclassifying lithium batteries in cargo transport units. Additionally, consistent with changes to Special Provision 134, PHMSA proposes to amend the language in this special provision to replace the phrase ‘‘consigned under’’ with the phrase ‘‘described using’’ to the entries to provide consistency across similar provisions and improve understanding of the requirement. Special Provision 136 Special Provision 136 provides instructions regarding the use of the HMT entry ‘‘UN3363, Dangerous Goods in Apparatus or Dangerous Goods in Machinery’’ and indicates that this UN number and the associated proper shipping names are only applicable to machinery and apparatus containing hazardous materials as an integral element of the machinery or apparatus. In light of the proposed addition of ‘‘Dangerous Goods in Articles’’ to the list of acceptable proper shipping names for UN3363 (see § 172.101 of the Section-By-Section Review), PHMSA proposes to revise this special provision to add the words ‘‘articles’’ where machinery and apparatus are mentioned. PHMSA expects this proposed change to improve consistency across HMR provisions where UN3363 is discussed. Special Provision 147 Special Provision 147, assigned to UN3375, provides instruction on the description and classification criteria for non-sensitized emulsions, suspensions, and gels consisting mostly of ammonium nitrate and fuel, intended to produce a Type E blasting explosive only after further processing prior to use, which are transported as ‘‘UN3375, Ammonium nitrate emulsion or Ammonium nitrate suspension or Ammonium nitrate gel, intermediate for blasting explosives.’’ Currently, the HMR requires applicants to pass Test Series 8(a), (b), and (c) of the UN Manual of Tests and Criteria, when requesting an approval for transportation under UN3375. However, PHMSA proposes to revise the last E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules sentence of Special Provision 147 by removing the specific requirement to pass Tests 8(a), (b), and (c), so that it can be met by passing any test in Test Series 8 of the UN Manual of Tests and Criteria. Modifying Special Provision 147 as proposed would align with the equivalent special provision in the UN Model Regulations (SP 309) which was amended similarly. PHMSA proposes this change to reflect and allow for the inclusion of an additional test in the Test Series 8 provided in the UN Manual of Tests and Criteria. In the 7th revised edition UN Manual of Tests and Criteria Test Series 8 was expanded to include Test 8(e) as an alternative to 8(c). This change in testing was the result of technical discussions and amendment proposals held during UNSCOE meetings. At the 47th session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods, the EWG concluded that the UN Test 8(c) was unsuitable for ammonium nitrate emulsions (ANEs) due to a flaw in the method which could lead to a false positive under certain conditions.17 PHMSA expects that removing this requirement to specifically pass the 8(c) test will mitigate the risk of receiving a false positive result and consequently inaccurate classification. It would also allow shippers the ability to perform additional classification testing as provided in the seventh revised edition of the UN Manual Test Criteria. jbell on DSKJLSW7X2PROD with PROPOSALS4 Special Provisions 196 and 197 PHMSA proposes to add Special Provisions 196 and 197 pertaining to transportation of nitrocellulose. These new special provisions would require that manufacturers of nitrocellulose products ensure that these Class 1 and Class 4 materials employ certain tests verifying that the materials meet specific stability requirements to avoid the danger of self-ignition. Those test methods determine whether a material is stable when subjected to elevated temperatures in transportation, which is critical to the safe transportation of materials such a nitrocellulose. Special Provision 196 applies to nitrocellulose of Class 1 (explosive) nitrocellulose materials (UN0340, UN0341, UN0342, and UN0343), and specifically excepts those materials from Type 3(c) thermal stability testing. Special Provision 197 is assigned to nitrocellulose materials in Class 4 (UN2555, UN2556, UN2557, and UN3380). 17 https://unece.org/fileadmin/DAM/trans/doc/ 2018/dgac10c3/UN-SCETDG-53-INF22e.pdf. VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 Special Provision 360 Special Provision 360 provides instruction to aid in proper identification of a battery-powered vehicle that contains lithium batteries. Currently, Special Provision 360 states that vehicles powered solely by lithium batteries must be identified as ‘‘UN3171, Battery-powered vehicle or Batterypowered equipment.’’ In HM–215O, PHMSA added a new UN entry, ‘‘UN3536, Lithium batteries installed in cargo transport unit lithium ion batteries or lithium metal batteries.’’ PHMSA proposes to revise Special Provision 360 to better distinguish between the various types of equipment with lithium batteries. The revised language would specify that lithium batteries that are installed in cargo transport units which are designed only to provide power external to the transport unit must be transported as ‘‘UN3536, Lithium batteries installed in a cargo transport unit lithium ion batteries or lithium metal batteries,’’ making them subject to packaging provisions and exceptions outlined in Special Provision 389. The intent of this language is to clarify further that these batteries should not be described and transported as ‘‘UN3091, Lithium metal batteries, contained in equipment including lithium alloy batteries’’ or ‘‘UN3481, Lithium ion batteries, contained in equipment including lithium ion polymer batteries.’’ Furthermore, Special Provision 360 was originally assigned to the HMT entry ‘‘UN3091, Lithium batteries, contained in equipment,’’ however, in final rule HM–224F,18 PHMSA adopted separate entries based on the lithium battery chemistry, i.e., ‘‘UN3091, Lithium metal batteries, contained in equipment including lithium alloy batteries’’ or ‘‘UN3481, Lithium ion batteries, contained in equipment including lithium ion polymer batteries.’’ In doing so, PHMSA inadvertently did not make a conforming revision to assign Special Provision 360 to these separate descriptions in the HMT. Consistent with the proposed revisions to Special Provision 360 to clarify appropriate use of descriptions for lithium battery equipment, PHMSA proposes to assign this special provision to the two lithium battery descriptions for contained in equipment and packed with equipment. Finally, PHMSA is also revising the text ‘‘assigned to’’ to read ‘‘described using’’ to improve understanding of the special provision instruction. 18 79 PO 00000 FR 46012 (Aug. 16, 2014). Frm 00015 Fmt 4701 Sfmt 4702 43857 Special Provision 370 Special Provision 370 is currently assigned to ‘‘UN0222, Ammonium nitrate, with more than 0.2 percent combustible substances, including any organic substance calculated as carbon, to the exclusion of any other added substance.’’ The entry UN0222 (1.1D) is intended for certain ammonium nitrates that are not a commercially manufactured product and this entry is typically used to identify contaminated ammonium nitrate or ammonium nitrate fertilizers that give a positive result when tested in accordance with Test Series 2 of the UN Manual of Tests and Criteria. However, Special Provision 370 currently states that a hazardous material may also be classified as UN0222 even if it has more that 0.2 percent combustible substances. PHMSA proposes to amend special provision 370 to better clarify when the entry for UN0222 may be applied. Clarifying this classification instruction is necessary to ensure that more readily transported materials, such as ammonium nitrate mixed with fuel oil (ANFO), are not improperly transported as UN0222, which should be reserved for special non-commercial purposes. Given that inappropriately classified items pose an inherent safety risk to emergency responders, PHMSA proposes to revise Special Provision 370 to provide clarifying language to ensure that certain ammonium nitrate materials (such as ANFO) are not described and classified as ‘‘UN0222, Ammonium nitrate.’’ Specifically, the amendment to this special provision stipulates that this UN entry should not be used when other applicable proper shipping names exist. Special Provision 379 Special Provision 379 provides conditions for exception from full regulation under the HMR for anhydrous ammonia adsorbed or absorbed on a solid contained in ammonia dispensing systems or receptacles intended to form part of such systems. Among these conditions, Special Provision 379 requires that receptacles containing adsorbed or absorbed ammonia must be made of a material compatible with ammonia as specified in ISO 11114–1:2012(E), ‘‘Gas cylinders—Compatibility of cylinder and valve materials with gas contents— Part 1: Metallic materials.’’ PHMSA proposes to revise language in Special Provision 379 to add a reference to an amendment to ISO standard 11114– 1:2012(E), specifically, ISO 11114– 1:2012/Amd 1:2017(E) and correct the unintentional omission of the (E) to E:\FR\FM\10AUP4.SGM 10AUP4 43858 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules indicate the English language edition. As part of ISO’s regular five-year review of its standards, the 2012 version of this document was amended through the issuance of document ISO 11114– 1:2012/Amd 1:2017(E). The amended ISO standard provides more explicit instructions on the permissible concentrations of gases containing halogens in aluminum cylinders. It also provides amended requirements for butylene, hydrogen cyanide, hydrogen sulfide, and nitric oxide. Consequently, the 21st revised edition of the UN Model Regulations updated all references to the 2012 edition to include a reference to the amendment (ISO 11114–1:2012/Amd 1:2017(E)). PHMSA proposes similar conforming revisions. See SECTION 171.7 Section-by-Section discussion. Therefore, PHMSA also proposes to revise this special provision. In the course of its review of the 2017 amendment for ISO standard 11114, PHMSA determined that it enhances safety of transport and therefore, is appropriate for inclusion as an updated condition for transport of ammonia dispensing systems or receptacles intended to form part of such systems. jbell on DSKJLSW7X2PROD with PROPOSALS4 Special Provision 430 PHMSA proposes to add Special Provision 430 and assign it to the new HMT entry ‘‘UN3549, Medical Waste, Category A, Affecting Humans, solid or Medical Waste, Category A, Affecting Animals only, solid’’ discussed above. As with other special provisions that provide instruction pertaining to appropriate use of proper shipping names, PHMSA proposes to add Special Provision 430 to stipulate that only solid medical waste of Category A, which is being transported for disposal, may be described using this entry. The intent of this added language is to simplify the regulations and ensure proper classification of medical wastes to ensure safe transportation. Special Provision 441 The UN Model Regulations and the IMDG Code contain an exception in their Special Provision 274 pertaining to ‘‘UN3077, Environmentally hazardous substance, solid, n.o.s.’’ and ‘‘UN3082, Environmentally hazardous substance, liquid, n.o.s.’’ Special Provision 274 requires a proper shipping name to be supplemented with a technical name, in the same manner as the letter ‘‘G’’ is assigned in the HMT. When a ‘‘G’’ is listed in Column (1) of the HMT in association with a particular entry, the proper shipping name must be supplemented with a technical name. For context, in both the UN Model VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 Regulations and the HMT, when generic proper shipping names (e.g., n.o.s. proper shipping names) are used, a technical name must be provided as part of the basic description to provide additional information for hazard communication related to the material being shipped. For example, the HMT entry ‘‘UN1760, Corrosive liquid, n.o.s.,’’ provides a generic description of a corrosive liquid and, therefore, marking and shipping papers requirements necessitate a technical name pertaining to the corrosive liquid (e.g., octanoyl chloride). The new exception in Special Provision 274 modifies the requirement to supplement the proper shipping name with a technical name. The revision, which is specifically for materials shipping under UN3077 or UN3082, allows the use of a proper shipping name found on the Dangerous Goods List (the IMDG Code and UN Model Regulations’ equivalent of the HMT) to be used in place of a technical name, provided that it does not: (1) Include ‘‘n.o.s.’’ as part of the proper shipping name and; (2) is not an entry assigned Special Provision 274. In practice, this means that items, such as paint, that might be shipped as ‘‘UN3082, Environmentally hazardous substance n.o.s.,’’ are no longer required to include a supplemental technical name, and instead are permitted to include the more readily-recognizable name of the commodity (paint) on markings and shipping papers. For common commodities such as paint with various chemical components, emergency responders rely less on determining the specific chemical for performance of emergency response and respond to the known hazards of the commodity. PHMSA expects streamlining the hazardous material description requirements in this manner will help facilitate appropriate emergency response without a reduction in safety. While the UN Model regulations broadly provided this relief for UN3077 and UN3082, environmentally hazardous materials classified under these UN numbers are applicable to a narrower scope of materials under the IMDG Code. Under the IMDG Code, ‘‘environmentally hazardous substances’’ are those that are pollutants specifically for aquatic environments (which is equivalent to marine pollutants under the HMR) whereas the UN model regulations are broadly applicable to aquatic and other environments. PHMSA proposes to mirror expansion by the UN Model Regulations and IMDG Code’s Special Provision 274 of PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 acceptable technical names for marine pollutants transported under UN3077 and UN3082 by adding a new Special Provision 441 to the HMR. This special provision would provide the same shipping description flexibility specifically for marine pollutants by removing the requirement to supplement the proper shipping name associated with UN3077 and UN3082 with a technical name. PHMSA also proposes modifying §§ 172.203(l) and 172.322 to maintain alignment with the IMDG Code with regard to the documentation and marking requirements when marine pollutant components are present in hazardous materials. In addition to providing logistical benefits for shippers, PHMSA expects that the use of readily recognizable common commodity names instead of technical names will facilitate emergency response by making the hazardous material more quickly and easily identifiable. See §§ 172.203(l) and 172.322 of the Section-By-Section Review for additional discussions on proposals related to this amendment. Special Provisions TP39 and TP 41 PHMSA proposes to remove portable tank special provisions TP39 and TP 41. The sunset provisions in special provisions TP39 and TP41 allowing use of other portable tank special provisions expired on December 31, 2018, and thus, PHMSA proposes removing them from the HMR to prevent the use of these expired provisions. See § 172.101 of the Section-By-Section Review for further detail of the deletion of these portable tank special provisions from the HMR. Section 172.203 Section 172.203 prescribes additional description requirements for shipping papers. PHMSA proposes to revise paragraphs (i)(2) and (l)(1), and add new paragraphs (i)(4) and (q). Each proposed change is further described below, along with PHMSA’s rationale for proposing the changes. In paragraph (i), which provides requirements specific to vessel transportation, PHMSA proposes to clarify that the documentation of the flashpoint on shipping papers, as required in paragraph (i)(2), is only required for liquid hazardous materials that have a primary or subsidiary hazard of Class 3 and a flashpoint of 60°C or below (in °C closed-cup (c.c.)). This change aims to prevent the shipping delays resulting from confusion on how this documentation requirement applied to items for which flashpoint is not an appropriate classification criterion (e.g., aerosols and flammable solids). E:\FR\FM\10AUP4.SGM 10AUP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules Furthermore, limiting the flashpoint information to a narrower subset of hazardous materials ensures identifying information of the materials in transport better aligns with the material properties of those materials because flashpoint is a safety-relevant criterion only for dangerous goods that are liquids with a main or subsidiary hazard of Class 3. PHMSA does not expect any reduction in safety as a result of this editorial change given that this change ensures that information regarding the flashpoint is only provided for items in which flashpoint is a safety-relevant criterion; avoidance of the delays in transportation experienced in the past also reduces the risks associated with that transportation. PHMSA also proposes adding a new paragraph (i)(4), that would require shipments of lithium batteries that are offered into transportation for purposes of disposal or recycling, or offered under the damaged or defective provisions in § 173.185(f), to indicate on shipping papers one of the following disclaimers, as appropriate: ‘‘DAMAGED/DEFECTIVE,’’ ‘‘LITHIUM BATTERIES FOR DISPOSAL,’’ or ‘‘LITHIUM BATTERIES FOR RECYCLING.’’ This proposed change is consistent with changes adopted in the IMDG Code, and associated with an additional proposed revision to § 176.84 of the HMR to require lithium batteries that are damaged or defective, or those that are being transported for disposal or recycling, to be stowed in accordance with stowage category C requirements authorizing ‘‘on deck only’’ stowage instead of the currently-authorized ‘‘on deck’’ or ‘‘under deck’’ options. This additional shipping paper requirement would help communicate information about the batteries to individuals making stowage plans for the vessel, provide a mechanism for ensuring the ‘‘on deck’’ stowage of these materials, and allow for more easily identifiable and effective response actions in the event of a fire involving lithium batteries onboard a vessel. PHMSA expects that these revised shipping requirements will contribute to the safe transportation of increased volumes of damaged/defective/exhausted lithium batteries anticipated as a result of the increased use of lithium batteries in the transportation and other economic sectors. For additional information on this stowage requirement, see Section 176.84 of the Section-By-Section Review. In paragraph (l)(1), PHMSA proposes to revise the scope of hazardous materials for which a specific marine polluting component must be identified in association with the basic description VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 (i.e., the combination of the UN number, proper shipping name, hazard class, and packing group) on a shipping paper. Currently, § 172.203(l) specifies that, when the proper shipping name for a hazardous material which is a marine pollutant does not identify the component that makes the hazardous material a marine pollutant, the name of the marine pollutant constituent must appear in parentheses within the basic description. PHMSA proposes to revise paragraph (l)(1) to limit the scope of this requirement to make it applicable only to generic HMT entries (as indicated by the G in Column 1 on the HMT) as well as those that have ‘‘n.o.s.’’ as part of the proper shipping name. The intent of this proposed amendment is to extend the documentation and marking flexibility provided by Special Provision 441 (which currently applies only to environmentally hazardous substances (UN3077 and UN 3082)) and to other hazardous materials that may contain components(s) that are marine pollutants. For example, under the current HMR, if ‘‘UN1263, Paint’’ contains marine pollutants, the basic description required on shipping papers and markings would have to include the specific marine polluting component(s) that are present in the paint, in addition to the words ‘‘marine pollutant’’ (e.g., ‘‘UN1263, Paint, 3 (propyl acetate, di-nbutyltin di-2-ethylhexanoate) MARINE POLLUTANT’’). But under this proposed amendment, the basic description for ‘‘UN1263, Paint’’ would no longer require the addition of the ‘‘marine pollutant’’ language. Given that emergency responders do not depend on the specific technical name provided in association with the shipping description to effectively respond to emergencies, PHMSA expects streamlining the description to provide more readily recognizable and usable information that reflects the hazardous materials involved may facilitate emergency response. Finally, PHMSA proposes to add a new paragraph (q) to this section to require documentation of the holding time for refrigerated liquefied gases transported in portable tanks. Holding time is the span of time, as determined by testing, that elapses from the time of loading until the pressure of the contents, under equilibrium conditions, reaches the set point for the lowest pressure control valve or pressure relief valve setting. PHMSA proposes to require including the specific date at which the holding time ends on the shipping paper for refrigerated liquefied gases transported in portable tanks. Knowing the holding time assists in PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 43859 preventing unexpected venting while in transportation, which could lead to exposure to and risks associated with a hazardous material release as well as the loss of product. Including this information on the shipping paper would aid in managing the transportation of refrigerated liquefied gases to ensure the material arrives safely at its destination without an unintended release of hazardous materials, including those that are known greenhouse gases (GHGs) (e.g., nitrous oxide). PHMSA anticipates that establishing this requirement to provide this information for portable tanks will improve safety of international transport of refrigerated liquefied gases in portable tanks. Section 172.301 Section 172.301 prescribes general marking requirements for non-bulk packagings. PHMSA proposes to amend paragraph (a)(1) to clarify that the exception permitting reduced size marking requirements are applicable to packages with either 5L or less capacity, or those with a 5 kilograms (kg) or less net mass. The current HMR text states that the exception is applicable to packages with a maximum capacity of 5 kg or 5 L or less, rather than the maximum net mass, which is the more appropriate measure for packages containing solids. A person shipping a solid material may unnecessarily apply the volume limitation, when a net mass limit is intended. This proposal clarifies that packages for solid material may have a maximum net mass of 5 kg or less. This editorial change is intended to reduce confusion over the application of the exception at § 172.301(a)(1) in that for solid materials, the quantity limit is based on the net amount of solid material and not the capacity of the packaging the material is placed in. This clarification is consistent with similar provisions for solids (net mass) and liquids (capacity) throughout the HMR. Ensuring the appropriate application of the reduced size marking allowance provides consistency across persons using the reduced-size marking and therefore, is expected to improve safety of transport. Section 172.315 Section 172.315 prescribes the marking requirements for packages of limited quantities. Currently, the HMR require that the limited quantity mark be applied on at least one side or one end of the outer packaging. The 2021– 2022 ICAO Technical Instructions clarified that marks, in particular those that are applied in a similar manner to self-adhesive labels, must be applied on E:\FR\FM\10AUP4.SGM 10AUP4 43860 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules one side of a package (i.e., not folded over an edge). Prior to these amendments, only hazard communication labels were required to be applied to a single side of a package and prohibited from being folded around the edge of a package. This requirement was extended to markings to ensure visibility and to communicate hazard(s) to the greatest extent possible. Consistent with the ICAO Technical Instructions, PHMSA proposes adding a new paragraph (b)(3) to require, for air transport, that the entire limited quantity mark must appear on one side of the package. For detail on the rationale for this proposed requirement, see Section 172.406 of the Section-bySection Review. jbell on DSKJLSW7X2PROD with PROPOSALS4 Section 172.322 Section 172.322 prescribes the marking requirements for hazardous materials that are also marine pollutants. PHMSA proposes, consistent with proposed changes in Special Provision 441 and § 172.203(l)(1) discussed above, to limit the scope of hazardous materials, which are marine pollutants, that are subject to this technical name marking requirement. Specifically, PHMSA proposes to apply the technical name marking to proper shipping names that have a ‘‘G’’ assigned in column (1) of the § 172.101 Hazardous Materials Table or have the text ‘‘n.o.s.’’ as part of the proper shipping name. PHMSA also proposes to add language directing shippers using ‘‘UN3077, Environmentally hazardous substance, solid, n.o.s.’’ or ‘‘UN3082, Environmentally hazardous substance, liquid, n.o.s.,’’ to Special Provision 441 for additional requirements. Section 172.406 Section 172.406 specifies the requirements for the placement of labels on a package. The 2021–2022 ICAO Technical Instructions clarified that marks, in particular those that are applied in a similar manner to selfadhesive labels, must be applied on one side of a package. The ICAO Technical Instructions have long required that all hazard communication labels not be folded (around the edge of a packages) and be applied to a single side. This requirement was introduced to ensure visibility and communicate hazard(s) to the greatest extent possible. In a working group session, the ICAO Dangerous Goods Panel agreed that extending this labeling requirement to marks was appropriate as marks, like labels, provide hazard communication. While PHMSA has not specifically prohibited extending labels onto other sides of packaging and allows the use of VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 smaller labels to accommodate smaller packagings, PHMSA appreciates the need for readily visible hazard communication by air. Therefore, for the sake of harmonizing with the ICAO Technical Instructions, and to ensure visibility to communicate hazards to the greatest extent possible, PHMSA proposes to add specific restrictions on wrapping marks and labels for shipments that are transported by air. During a review of the specific marking requirements that were added in the 2021–2022 ICAO Technical Instructions, PHMSA found that the HMR do not contain the same express limitation on ‘‘folding’’ of a part of a label around the edges of a package such that the entirety of a label would have to be on a single side. PHMSA expects that adopting both the pre-existing ICAO single side requirement for labels, and the recent requirement that marks must be on a single side of a package will provide increased visibility of hazard communication on the smaller package types that are frequently used in air transport. These measures would also reduce ambiguity for air operator employees conducting acceptance checks as to whether the package appropriately indicates the hazards without having to make a subjective determination. Therefore, PHMSA proposes to require in a new paragraph (a)(1)(iii), that for air transport, the entirety of a required label must be displayed on one side of a package. For cylindrical packages not containing a traditional side, the labels and/or package must be of such dimensions that a label would not overlap itself. In the case of cylindrical packages containing radioactive materials, which require two identical labels, these labels must be centered on opposite points of the circumference and must not overlap each other. If the dimensions of the package are such that two identical labels cannot be affixed without overlapping each other, one label is acceptable provided it does not overlap itself. In addition, PHMSA proposes to add requirements that marks must not be folded for: the limited quantity mark in § 172.315(b); the excepted quantity mark in § 173.4a(g); and the UN3373 Category B infectious substance mark in § 173.199(a). The ICAO Technical Instructions were also amended to require that the lithium battery handling mark be applied on a single side of a package; however, this is already prescribed in § 173.185(c)(3)(i), applicable to all modes of transport. Regarding the Category B infectious substance mark, the proposal would PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 help ensure that any packages containing COVID–19 materials have appropriate visibility and thus, ensure the safe transport of such materials. Section 172.447 Section 172.447 prescribes specifications for labels used for lithium batteries. PHMSA proposes to remove and reserve paragraph (c), which contains an expired transitional exception allowing for continued use of labels in conformance with the requirements that had been in place on December 31, 2016 until December 31, 2018. Since December 31, 2018 has passed, the continued use of an outdated label is no longer allowed. C. Part 173 Section 173.4a Part 173 contains general requirements for shippers regarding shipments and packagings. Section 173.4a prescribes transportation requirements for excepted packages. For consistency with the ICAO Technical Instructions, PHMSA proposes adding a new paragraph (g)(3) to require for air transport that the entire excepted quantity mark must be appear on one side of the package. For detail on the rationale for this proposed requirement, see Section 172.406 of the Section-bySection Review for discussion of the proposed requirement to display a mark on a single side. Section 173.14 PHMSA proposes to add a new section, § 173.14, to provide exceptions from the HMR for certain devices or equipment containing hazardous materials that are in actual use or which are intended for use during transport. Examples of such devices include cargo tracking devices and data loggers attached to, or placed in, packages, overpacks, containers, or load compartments. These items often contain component hazardous materials, such as lithium batteries or fuel cells, necessary to power the device or equipment. The proposed exception would provide clarity for these types of devices which are not offered into transportation as part of the consignment but instead accompany it to collect or disseminate information during transport. Eligibility for the exceptions would be limited to equipment that meets conditional safety requirements. These include requirements that the component hazardous material (e.g., lithium batteries) meet the applicable construction and test requirements specified in the HMR, and that the E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS4 equipment can withstand the shocks and vibrations normally encountered during transport. The equipment must also be safe for use in different environmental conditions that it may be exposed to during transport such as temperature variations, inclement weather, and conditions in which explosive atmospheres caused by gases, vapors, mists, or air/dust mixtures may occur. The proposed text also clarifies that the exceptions are not applicable when this type of equipment is itself offered as cargo such that normal HMR requirements pertaining to packaging, shipping papers, marking and labeling would apply. This proposed new section is consistent with provisions adopted in the UN Model Regulations and the IMDG Code. Additionally, in response to the ongoing global COVID–19 public health emergency, on December 31,2020 19 and February 23, 2021,20 ICAO published addenda to the 2021– 2022 Edition of the ICAO Technical Instructions to provide a limited exception for lithium battery-powered data loggers and cargo tracking devices to facilitate the transport and distribution of COVID–19 pharmaceuticals, including vaccines. Specifically, the 2021–2022 ICAO Technical Instructions except these devices from lithium battery marking and documentation requirements when transported by aircraft. Consequently, PHMSA proposes exceptions in this section of the HMR to cover all modes of transportation for certain devices or equipment containing hazardous materials that are in actual use or which are intended for use during transport. However, the exceptions associated with aircraft transportation are limited to marking and documentation for lithium ion and lithium metal batterypowered devices or equipment that accompany shipments of COVID–19 pharmaceuticals, including vaccines. PHMSA requests comments on whether this exception for air transport should be expanded to additional medical supplies not related to COVID–19 (e.g., 19 ICAO, Addendum No.1 to the 2021–2022 of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (Dec. 31, 2020), https:// www.icao.int/safety/DangerousGoods/Addendum Corrigendum%20to%20the%20Technical%20 Instructions/Doc%209284-2021-2022.Addendum No1.en.pdf. 20 ICAO, Addendum No.2 to the 2021–2022 of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (Feb. 23, 2021),https:// www.icao.int/safety/DangerousGoods/Addendum Corrigendum%20to%20the%20Technical%20 Instructions/Doc%209284-2021-2022.Addendum No2.en.pdf. VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 other vaccines or more generally medicines). Section 173.27 Section 173.27 provides the general requirements for transportation by aircraft. PHMSA proposes a number of corrections and revisions as follows: (1) Revise paragraph (c)(2) to clarify that all package types containing ‘‘UN3082, Environmentally hazardous substance, liquid, n.o.s.’’ are excepted from the pressure differential requirements and not only limited quantities; (2) revise the paragraph (f) introductory text to clarify the inner packaging quantity limits prescribed in Table 1 and Table 2 apply to combination packages and not only to excepted quantity packages; (3) in paragraph (f)(3) Table 1 and Table 2 add inner package limits for certain Class 9 HMT entries consistent with the ICAO Technical Instructions; and (4) in Table 1 and Table 2 remove the ‘‘no limit’’ quantity limits and add them to the paragraph (f) introductory text for a clearer description of the requirement for materials authorized to exceed 220 L or 200 kg in accordance with columns (9A) and (9B) of the 172.101 table. The 2021–2022 edition of the ICAO Technical Instructions contains editorial corrections to exceptions for ‘‘UN3082, Environmentally hazardous substance, liquid, n.o.s.’’ from differential pressure testing requirements in Packing Instructions 964 and Y964 (limited quantity). When reviewing the clarifying editorial correction 21 to the ICAO exception, PHMSA found that although the same update is not needed in the HMR, the corresponding exceptions in § 173.27 are not consistent with those provided for in the latest version of Packing Instructions 964 and Y964. PHMSA proposes revising § 173.27 to correct this discrepancy and align with the updated version of the ICAO Technical Instructions. In a previous final rule, HM–215K,22 PHMSA revised § 173.27 to align with the amendments made to the 2011–2012 edition of the ICAO Technical Instructions. That earlier edition of the ICAO Technical Instructions had included exceptions applicable to UN3082 from the pressure differential requirements in Packing Instructions 964 and Y964 for fully regulated and limited quantity packages. The exceptions were added because UN3082 materials assigned to Class 9 do not meet the criteria for classification as any other hazard class or division and are 21 Report of the ICAO Working Group 19 (paragraph 3.2.11) (May, 2019), https://www.icao. int/safety/Dangerousfxsp0;Goods/WG19/ DGPWG.19.fxsp0;WP.030.en.pdf. 22 76 FR 3308 (Jan. 19, 2011). PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 43861 classified as hazardous materials solely because of their risk to the environment (i.e., they are not capable of posing a risk to health, safety, or property when transported by air). When this exception was added in the HM–215K rulemaking, the text was placed in paragraph (f)(2)(vii), thereby inadvertently narrowing the exception to limited quantity materials. In the 2011–2012 edition of the ICAO Technical Instructions that the HM–215K rulemaking intended to align with, the exception from the pressure differential requirements applied to both combination packagings in PI 964 and limited quantity packagings in PI Y964. Therefore, PHMSA proposes to amend paragraph (c)(2) to except shipments of ‘‘UN3082, Environmentally hazardous substance, liquid, n.o.s.’’ from the pressure differential packaging requirements applicable for transportation by aircraft. This proposed change would align the pressure differential exceptions for UN3082 material with those found in the ICAO Technical Instructions and excepts these shipments, in all authorized packaging types, from the pressure differential requirements in paragraph (c)(2). Further, PHMSA proposes to amend paragraph (f), which specifies requirements for combination packagings intended for transportation aboard an aircraft. A combination packaging, for transport purposes, consists of one or more inner packagings secured in a non-bulk outer packaging. Paragraph (f)(3) contains Table 1 and Table 2 indicating the maximum net capacity allowed for the inner packagings of the combination packaging on passenger-carrying and cargo aircraft, respectively. PHMSA proposes to revise paragraph (f) by moving the references to Table 1 and Table 2 from paragraph (f)(1), applicable to excepted quantities, to the paragraph (f) introductory text. The intent of this revision is to clarify that the inner packaging limits specified in paragraph (f)(3) Table 1 and Table 2 apply to all combination packages used to transport hazardous material by aircraft and not just to excepted packages (i.e., packages for which exceptions from certain provisions are provided in the HMR). As it currently reads, the instruction for all combination packagings is imbedded in the paragraph (f)(1), which outlines provisions for excepted packages, thus making it appear that Tables 1 and 2 apply only to excepted packages. Correcting the reference in paragraph (f) would provide regulatory clarity by properly aligning packaging limits in E:\FR\FM\10AUP4.SGM 10AUP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 43862 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules the HMR with the ICAO Technical Instructions. Additionally, the first column of Tables 1 and 2 provides the maximum net quantity per package from Column (9A) of the HMT. PHMSA proposes to replace the rows in Tables 1 and 2 noting that there are no maximum net capacity limits for quantities greater than 220 L for liquids and greater than 200 kg for solids with an instruction in the revised paragraph (f) introductory text conveying the same information. Finally, PHMSA discovered that for certain Class 9 (miscellaneous hazardous) materials, the authorized inner packaging limit in the ICAO Technical Instructions is greater than the limit currently allowed in Tables 1 and 2 at § 173.27(f)(3). Therefore, PHMSA proposes to revise paragraph (f)(3), Table 1 and Table 2 to address this inconsistency with the ICAO Technical Instructions. Specifically, PHMSA proposes to revise, for consistency with the inner packaging limits provided in Packing Instructions 956, 958, and 964 of the ICAO Technical Instructions, inner packaging net capacity limits for the following Class 9 materials: • UN1841 Acetaldehyde ammonia • UN1931 Zinc dithionite or Zinc hydrosulphite • UN1941 Dibromodifluoromethane • UN1990 Benzaldehyde • UN2071 Ammonium nitrate fertilizers • UN2216 Fish meal, stabilized or Fish scrap, stabilized • UN2315 Polychlorinated biphenyls, liquid • UN2590 Asbestos, chrysotile • UN2969 Castor beans or Castor flake or Castor meal or Castor pomace • UN3077 Environmentally hazardous substance, solid, n.o.s. • UN3082 Environmentally hazardous substance, liquid, n.o.s. • UN3151 Polyhalogenated biphenyls, liquid or Polyhalogenated terphenyls, liquid or Halogenated monomethyldiphenylmethanes, liquid • UN3152 Polyhalogenated biphenyls, solid or Polyhalogenated terphenyls, solid or Halogenated monomethyldiphenylmethanes, solid • UN3334 Aviation regulated liquid, n.o.s. • UN3335 Aviation regulated solid, n.o.s. • UN3432 Polychlorinated biphenyls, solid These materials have a history of safe transport under less restrictive inner packaging limits in accordance with the ICAO Technical Instructions. The proposed revisions would offer shippers VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 greater flexibility in packaging options to transport these materials without a degradation of safety. Therefore, PHMSA proposes to incorporate by reference ISO 10156:2017 in § 173.115(k). Section 173.59 Section 173.59 provides informational descriptions of terms for explosives. PHMSA proposes to amend the description of the term ‘‘detonators’’ to include a reference to electronic programmable detonators. Additionally, PHMSA proposes to add a separate term and description for ‘‘Detonators, electronic programmable for blasting.’’ These changes correspond to the proposed addition of the UN0511, UN0512, and UN0513 (Detonators, electronic programmable for blasting) to the HMT. PHMSA intends to distinguish between ‘‘electronic detonators’’ and ‘‘electric detonators,’’ as each has different design characteristics, by adding these new entries in the HMT and the editorial amendments in § 173.59. PHMSA expects this additional precision in shipping descriptions will provide a safety benefit. See § 172.101 of the Section-By-Section Review for additional discussion on electric and electronic detonators. Section 173.134 Section 173.134 provides classification criteria and exceptions for Division 6.2 infectious substances. PHMSA proposes to revise paragraph (a) to include references to ‘‘UN3549, Medical Waste, Category A, Affecting Humans, solid or Medical Waste, Category A, Affecting Animals only, solid.’’ Specifically, paragraphs (a)(1), (a)(1)(i), and (a)(5) would be revised by including UN3549 among the list of UN numbers to use for description of an infectious substance. These proposed changes are consistent with the proposed addition of this new hazardous materials description to the HMT. Additionally, PHMSA proposes to remove the term rickettsiae from the list of types of microorganisms in paragraph (a)(1). Rickettsiae are a specific group of bacteria, and this specific type of bacteria is redundant because bacteria are already listed as a type of potential pathogenic microorganism. Section 173.115 Section 173.115 outlines classification criteria for Class 2 (gas) materials. PHMSA proposes to update the version of ISO 10156:2010, ‘‘Gases and gas mixtures—Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets,’’ that is incorporated by reference in paragraph (k), which specifies how the oxidizing ability of a Division 2.2 (nonflammable) gas should be calculated. Currently the HMR incorporates by reference the 2010 edition of this ISO standard and its associated technical corrigendum in § 171.7. As part of ISO’s regular periodic review of each standard, ISO standard 10156:2010 was reviewed and updated and a new revised ISO 10156:2017 was published September 2017. The 2017 edition supersedes and replaces ISO 10156:2010, which had been technically revised through ISO 10156:2010/Cor 1:2010. PHMSA now proposes to update the incorporation by reference of ISO 10156, to the 2017 edition. The updated document includes technical revisions pertaining to the flammability of gases and gas mixtures in air as well as a new calculation method for determining the lower flammability limit of gas mixtures. PHMSA reviewed the calculation method and agrees that it will assist shippers in properly classifying a Division 2.2 gas, without introducing any adverse safety risks. PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 Section 173.137 Section 173.137 prescribes the requirements for assigning a PG to Class 8 (corrosive) materials. The HMR requires offerors to classify Class 8 material and assign a PG based on tests conducted in accordance with the OECD Guidelines for the Testing of Chemicals. One of the tests currently authorized in the HMR is the 2015 OECD Guideline for the Testing of Chemicals ‘‘Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method’’ which may be used to determine that a material is not corrosive to human skin. PHMSA proposes to incorporate by reference the 2016 version of OECD Guidelines for the Testing of Chemicals ‘‘Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method.’’ This document was updated to introduce sub-categorization for skin corrosion and adopted by the OECD in 2013 and further revised in 2014, 2015, and 2016, as Guidelines for the Testing of Chemicals ‘‘Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method.’’ According to the OECD, this updated test method permits subcategorization of corrosive chemicals into three categories: sub-category 1A and subcategory 1B/C, which correspond to PG I, PG II, and PG III, respectively. However, prior to the 2016 edition of the OECD Guidelines, the ability to clearly distinguish between PG II and E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS4 PG III had previously never been formally evaluated or validated due to the lack of high quality reference in vivo data against which to benchmark the in vitro results. Changes to the UN Model Regulations were made as a result of the additional level of sub-categorization and differentiation that is possible using this updated test method. Accordingly, PHMSA also proposes to allow corrosive materials that are tested using OECD Guidelines for the Testing of Chemicals Test No. 431 to be assigned to PG II without further in vivo testing if the test method does not clearly distinguish between PG II or PG III. Since the packing group assignment indicates the required level of packaging according to the degree of danger presented by hazardous materials, this would relegate corrosive material that cannot be clearly distinguished between a medium danger PG II and a low danger PG III to be subject to the more conservative packaging requirement associated with PG II material unless additional testing is conducted. PHMSA anticipates that the use of the 2016 version of the OECD Guidelines for the Testing of Chemicals Test No. 431 will benefit shippers of potential corrosives by clarifying corrosivity determinations or exclusions, and eliminating excessive testing to distinguish between PG II and PG III. The proposed regulatory text references OECD Guidelines for the Testing of Chemicals Test No. 404, 430, and 435, which are already approved for incorporation by reference in this section, and no change is proposed for these standards. Section 173.172 Section 173.172 specifies the eligibility conditions for exception from packaging requirements for certain fuel tanks used on aircraft hydraulic power units. PHMSA proposes editorial changes to these provisions to clarify packaging limits for the fuel tanks that power hydraulic power units. The fuel tanks addressed in this section are comprised of a primary containment for the fuel in the hydraulic power unit. The primary containment must consist of a welded aluminum bladder as well as an outer vessel, which is packed in non-combustible cushioning material in a strong, tightly-closed metal outer packaging. Currently paragraphs (a) and (b) of this section state that the ‘‘Maximum quantity of fuel per unit and package is 42 L (11 gallons).’’ PHMSA proposes to replace the word ‘‘unit’’ in this sentence in paragraphs (a) and (b) with the word ‘‘primary containment’’ for consistency with the second VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 sentence of each paragraph which states that the ‘‘primary containment of the fuel within this vessel must consist of a welded aluminum bladder having a maximum internal volume of 46 L (12 gallons).’’ These editorial revisions to clarify that the maximum quantity of fuel authorized applies to both the fuel within the vessel and completed package (primary containment) rather than the hydraulic power unit itself. This change would align the language for this packaging exception in the HMR with the language that was similarly amended in the 2021–2022 ICAO Technical Instructions and the 21st revised edition of the UN Model Regulations. PHMSA does not expect this change to adversely affect safety benefits. Section 173.181 Section 173.181 prescribes packaging requirements for liquid pyrophoric materials. Specifically, § 173.181 provides the requirements on closures for metal or glass receptacles when used as inner packagings (i.e., receptacles) in combination packagings. The UN Model Regulations contains Packing Instruction P404 which includes provisions for resealing inner receptacles with threaded closures. Currently, § 173.181 does not include provisions for resealing of inner receptacles with threaded closure. The safety concern when resealing inner receptacles that contain liquid pyrophoric materials is that small amounts of residue may adhere to the threads and present a hazard upon closing of the inner packaging and that friction generated from screwing the cap back onto the receptacle may cause the residue to react critically (e.g., selfheating or spontaneous combustion). Based on this concern, the UN Model Regulations now permit closures of inner receptacles to be either threaded or physically held in place by any means capable of preventing back-off or loosening of the closure under conditions normally incident to transportation (e.g., vibration during transport). PHMSA is also concerned about this potential hazard and proposes to authorize an alternative method of closure to prevent this potential hazard. Therefore, PHMSA proposes to revise the requirements of § 173.181 for closures of inner packagings for liquid pyrophoric materials to specify that they may have closures that are physically held in place by any means capable of preventing back-off or loosening during transportation. PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 43863 Section 173.185 Section 173.185 prescribes requirements for transportation of lithium cells and batteries. Paragraph (c) prescribes requirements for smaller cells or batteries and paragraph (c)(3) specifies hazard communication requirements including the use of the lithium battery mark. PHMSA proposes to revise the minimum size of the lithium battery mark from 120 millimeters (mm) wide by 110 mm high to 100 mm by 100 mm. This reduction in size requirements for this mark would be consistent with the existing minimum size requirements for the limited quantity and excepted quantity marks in the HMR (see §§ 172.315 & 173.4a) and does not diminish the ability to read or recognize the marking. The reference to the shape of the mark would be amended to include ‘‘square’’ to account for the new minimum dimensions while also maintaining the existing shape of a ‘‘rectangle’’ to continue authorized use of the lithium battery mark with 120 mm by 110 mm dimensions. In addition, the minimum size of the lithium battery mark for packages too small to display the revised 100 mm by 100 mm dimensions, would be revised from 105 mm wide by 74 mm high to 100 mm wide by 70 mm high. Additionally, an informal working paper 23 submitted to the 54th Session of the UNSCOE noted that due to the large volume of lithium batteries shipped in small packages, the reduction in the size of the mark could reduce the quantity of packagings produced and consequently the quantity of empty packagings sent for disposal or recycling. This proposed minimum size would not invalidate use of larger marks meeting the currently authorized minimum size requirements. Section 173.187 Section 173.187 prescribes packaging requirements and other provisions for ‘‘pyrophoric solids, metals, or alloys, n.o.s.’’ The 21st revised edition of the UN Model Regulations includes an amendment to Packing Instruction P404 to address concerns with threaded closures when resealing inner receptacles after partial removal of product. The amendment addresses small amounts of residue of pyrophoric materials that may adhere to the threads and present a hazard upon closing of an 23 Rechargeable Battery Association (PRBA) & the Advanced Rechargeable & Lithium Batteries Association (RECHARGE), Proposal on the Dimensions of the Lithium Battery Mark Submitted to the UN Subcommittee of Experts on the Transport of Dangerous Goods at the 54th Session (Dec. 3, 2018), https://www.unece.org/fileadmin/ DAM/trans/doc/2018/dgac10c3/UN-SCETDG-54INF55.e.pdf. E:\FR\FM\10AUP4.SGM 10AUP4 43864 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules inner receptacle. As with liquid pyrophoric materials, discussed above, there is concern that friction generated from screwing the cap back onto the inner receptacle may cause the residue to react critically (e.g., self-heating or spontaneous combustion). Based on this concern, the UN Model Regulations now allow closures of inner receptacles to be either threaded or physically held in place by a means capable of preventing back-off or loosening of the closure under conditions normally incident to transportation (e.g., impact or vibration during transport). After reviewing this issue, PHMSA is also concerned about this potential hazard and proposes to amend § 173.187 to authorize an alternate method of closure to prevent this potential hazard. Specifically, PHMSA proposes to revise the requirements for closures of inner receptacles for solid pyrophoric materials to specify that they may have threaded closures or other closures that are physically held in place by a means capable of preventing back-off or loosening. jbell on DSKJLSW7X2PROD with PROPOSALS4 Section 173.199 Section 173.199 prescribes the packaging requirements for Division 6.2, Category B infectious substances. Consistent with the ICAO Technical Instructions, PHMSA proposes to revise paragraph (a)(5) to require that for air transport the entire UN3373 mark must appear on one side of the package. PHMSA expects that placing marks on a single side of a package will provide increased visibility of hazard communication on the smaller package types that are frequently used in air transport. These measures would also reduce ambiguity for air operator employees conducting acceptance checks as to whether the package appropriately indicates the hazards without having to make a subjective determination. Regarding the Category B infectious substance mark, the proposal would help ensure that any packages containing infectious substances, including COVID–19 materials, have appropriate visibility and thus, ensure the safe transport of such materials. For details on the rationale for this proposed requirement, see the discussion of § 172.406 in the Section-By-Section Review. Section 173.218 Section 173.218 contains packaging and product stabilization requirements for transporting stabilized fish meal or fish scrap (UN2216) as a Class 9 material. Currently, the provisions of this section are limited to shipments by vessel; however, PHMSA proposes to VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 revise this provision to authorize the transport of this material by air. This change responds to changes in the fish meal or fish scrap market which has experienced an increased demand for more timely shipments of samples of this item for evaluation by potential purchasers. Adding provisions to permit shipment by air, rather than limiting to shipment by vessel, would relieve frustration in the market for fish meal or fish scrap by allowing shipments of small amounts of this material to be expedited by air. This change is consistent with amendments adopted in the 2021–2022 version of the ICAO Technical Instructions, which have been revised to allow the transport by air of non-bulk packages of fish meal or fish scrap, subject to quantity limitations and stabilization requirements. As proposed, UN2216 material would be permitted on passenger aircraft and cargo aircraft in amounts up to 100 kg and 200 kg, respectively, and in UN performance packaging that aligns with the ICAO Technical Instructions. Additionally, to ensure the safe transport of this material by air, PHMSA proposes adding stabilization requirements similar to those that are in place for shipments by vessel. PHMSA proposes fish meal or fish scrap transported by air must have been stabilized at production, and within the twelve months prior to transportation. Given the safeguard provided by stabilization of this material prior to transportation, as well as the proposed packaging and quantity restrictions, PHMSA expects that there will be no degradation of transportation safety in authorizing air transportation. In addition to adding these stabilization requirements for air transportation, PHMSA proposes amending the stabilization requirements that are currently in place for vessel shipments. The HMR currently requires shipments of fish meal or fish scrap by vessel to contain at least 50 parts per million (ppm) (mg/kg) of ethoxyquin, 100 ppm (mg/kg) of butylated hydroxytoluene (BHT) or 250 ppm (mg/ kg) of tocopherol based antioxidant at the time of shipment for bulk shipments when transported in freight containers. PHMSA proposes extending these stabilization requirements to all vessel shipments, as required by the IMDG Code. While the change in language would make the stabilization requirement more widely applicable, PHMSA expects that the impact on the regulated community will be minimal as fishmeal and fish scrap shipments offered for transport (in non-bulk and bulk) are already typically treated with quantities of stabilizer (antioxidants) PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 well above the minimum amounts currently shown in section § 173.218 as common industry practice. Section 173.221 Section 173.221 prescribes transportation requirements and exceptions therefrom for ‘‘UN2211, Polymeric beads expandable’’ and ‘‘UN3314, Plastic molding compound,’’ which are both Class 9 (miscellaneous) materials. Historically, transportation of these materials has been limited to single packagings under both the HMR and in Packing Instruction 957 of the ICAO Technical Instructions. However, these limitations are inconsistent with the UN Model Regulations and the general provisions of the ICAO Technical Instructions, which permit combination packagings when single packagings are authorized. These packagings are constructed with inner packagings made of glass, plastic, metal, paper, or fiber and with outer packagings utilizing drums, boxes, and jerricans made of various materials. This conflict in permitted packagings has been corrected in the most recent edition of the ICAO Technical Instructions. PHMSA finds that allowing combination packaging for these Class 9, low hazard materials is consistent with general packaging authorizations throughout the HMR. In general, combination packaging is allowed for materials that are more hazardous as long as the minimum packaging performance requirements are achieved. Single packaging and combination packaging are subject to the same performance standards, meaning an equivalent level of safety is achieved. Therefore, PHMSA proposes conforming changes to § 173.221 to allow the use of combination packagings (i.e., packagings that use a combination of inner and outer packagings for containment) for these materials. This change would provide packaging selection flexibility as well as consistency with UN Model Regulations and revised ICAO Technical Instructions without any impact on safe transport of these materials. Section 173.222 Section 173.222 specifies the nonbulk packaging requirements for ‘‘UN3363, Dangerous goods in machinery or apparatus.’’ As discussed in connection to proposed changes to § 172.101, PHMSA proposes to modify the proper shipping name associated with UN3363 to include ‘‘dangerous goods in articles,’’ in addition to ‘‘dangerous goods in machinery or apparatus.’’ In the HM–215O final rule, E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS4 PHMSA added new entries for articles containing hazardous materials that are not otherwise specified by name in the HMT (e.g., ‘‘UN3547, Articles containing corrosive substance, n.o.s.’’). These new entries addressed transportation scenarios where various hazardous materials or residues are present in articles above the quantities currently authorized for machinery or apparatus transported as ‘‘UN3363, Dangerous goods in machinery or Dangerous goods in apparatus.’’ In addition to adding these new entries to the HMT, PHMSA added packaging provisions in § 173.232, as well as a definition for articles. The definition states that ‘‘article means machinery, apparatus, or other devices containing one or more hazardous materials (or residues thereof) that are an integral element of the article, necessary for its functioning, and that cannot be removed for the purpose of transport.’’ This addition created regulatory discrepancies between articles that cannot be defined as machinery or apparatus but also do not qualify as ‘‘Articles containing hazardous materials, n.o.s.’’ even as there is no safety basis to exclude such articles from the scope of § 173.222 provisions. Therefore, PHMSA proposes to revise the provisions in § 173.222 to reflect the addition of dangerous goods in articles to the current HMT entry for ‘‘UN3363, Dangerous Goods in Machinery or Dangerous Goods in Apparatus’’ as discussed in connection with the proposed changes to § 172.101 above. These proposed changes are intended to provide flexibility in the choice of the most appropriate modifier to be selected as a proper shipping name (e.g., article, machinery, or apparatus). This flexibility in selecting the most appropriate description of the hazardous material would help ensure appropriate packaging selection and hazard communication, thus enhancing safety. Section 173.225 Section 173.225 prescribes packaging requirements and other provisions for organic peroxides. As a result of new peroxide formulations becoming commercially available, the 21st revised edition of the UN Model Regulations includes updates to the list of identified organic peroxides and new packing instructions for these materials. To maintain consistency with the UN Model Regulations, PHMSA proposes to update the Organic Peroxide Table in § 173.225(c) to revise the entry ‘‘Di-(4tert-butylcyclohexyl) peroxydicarbonate [as a paste],’’ by (1) changing the classification of the material as VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 ‘‘UN3116, Organic peroxide type D, solid, temperature controlled’’ to ‘‘UN3118, Organic peroxide type E, solid, temperature controlled’’; and (2) changing the packing method from OP7 to OP8. An organic peroxide Type D is an organic peroxide that: (1) Detonates only partially, but does not deflagrate rapidly and is not affected by heat when confined; (2) does not detonate, deflagrates slowly, and shows no violent effect if heated when confined; or (3) does not detonate or deflagrate, and shows a medium effect when heated under confinement. An organic peroxide Type E is an organic peroxide which neither detonates nor deflagrates and shows low or no effect when heated under confinement. Di-(4-tertbutylcyclohexyl) peroxydicarbonate was identified as a Type E organic peroxide based on evaluation of new test data within the classification scheme for selfreactives and organic peroxide in Figure 20.1 of the UN Model Regulations. Finally, PHMSA proposes to revise the packing method from OP7 to OP8 consistent with the revised classification of Di-(4-tertbutylcyclohexyl) peroxydicarbonate to a lesser hazard Type E organic peroxide. The packaging method indicates the largest size authorized for packaging of a particular organic peroxide. Specifically, for Di-(4-tertbutylcyclohexyl) peroxydicarbonate, assignment of OP8 would allow up to 400 kg for solids and combination packagings, and up to 225 L for liquids. See Section 173.225 Section-by-Section Review for further detail of packing methods for organic peroxides. PHMSA also proposes to revise the Organic Peroxide IBC Table in paragraph (e) to maintain alignment with the 21st revised edition of UN Model Regulations by adding new entries for ‘‘tert-Amyl peroxypivalate, not more than 42% as a stable dispersion in water’’ and ‘‘tert-Butyl peroxypivalate, not more than 42% in a diluent type A’’ and identifying it as ‘‘UN3119, Organic peroxide type F, liquid, temperature controlled.’’ PHMSA expects that adding provisions for the transport of these newly available peroxide formulations will allow better oversight for safe and consistent shipment of these hazardous materials. Section 173.301B Section 173.301b outlines additional general requirements when shipping gases in UN pressure receptacles (e.g., cylinders). Paragraph (a)(2) of this section requires that the gases or gas mixtures be compatible with the UN PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 43865 pressure receptacle and valve materials prescribed for metallic materials in ISO 11114–1:2012(E), Gas cylinders— Compatibility of cylinder and valve materials with gas contents—Part 1: Metallic materials. This document provides compatibility requirements for the selection of combinations of metallic cylinder and valve materials for use with gas or gas mixtures. In the interest of providing uniformity with regard to reference standards used domestically and internationally, PHMSA proposes to revise the compatibility requirements to include a reference to the 2017 amendment (ISO 11114–1:2012/Amd 2017(E)), which ISO published as a supplement to ISO 11114–1:2012(E). This supplement provides enhanced instructions on the permissible concentrations of certain gases to ensure safe transport of a wider variety of gases in newly developed types of metallic cylinders and valves. Second, PHMSA proposes to revise paragraph (c)(1), which specifies valve requirements for pressure receptacles. Currently in the HMR, paragraph (c)(1) requires valves for pressure receptacles (excluding quick release cylinder valves, which must conform to the requirements in ISO 17871:2015(E)) to conform to various editions of ISO 10297, ‘‘Gas cylinders—Cylinder valves—Specification and type testing’’, including the 1999, 2006 and 2014 editions. ISO 10297:2014 specifies design, type testing, and marking requirements for certain cylinder valves intended to be fitted to refillable transportable gas cylinders which convey compressed, liquefied or dissolved gases. PHMSA proposes to modify the valve requirements in this paragraph such that when the use of a valve is prescribed, the valve must conform to the requirements of ISO 10297:2014 as well as the supplemental amendment, ISO 10297:2014/Amd 1:2017. ISO 10297:2014/Amd 1:2017 corrects errors in ISO 10297:2014 and also includes modifications for valves for tubes and pressure drums. For consistency with the UN Model Regulations, PHMSA also proposes to add a sunset date of December 31, 2022, for the authorization of the use of ISO 10297:2014 when not used in conjunction with the supplemental 2017 amendment. PHMSA has reviewed this supplemental amendment as part of its regular participation in the review of amendments proposed for the UN Model Regulations and does not expect any degradation of safety standards in association with the use of these two documents. Lastly, paragraph (c)(2) of this section outlines certain requirements for valves E:\FR\FM\10AUP4.SGM 10AUP4 43866 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules on UN pressure receptacles. Specifically, by following one of the listed methods or standards in this paragraph, valves are required to be protected from damage that could cause inadvertent release of their contents. PHMSA proposes to introduce an additional option by allowing the use of valves designed and constructed in accordance with Annex A of ISO 17879:2017 for UN pressure receptacles with self-closing valves with inherent protection (except those in acetylene service). Annex A of ISO 17870:2017 is a new standard which establishes design, type testing, marking, and manufacturing tests and examination requirements for self-closing valves fitted to refillable transportable gas cylinders conveying compressed, liquefied, or dissolved gases (other than acetylene). PHMSA has determined that incorporating ISO 17879 fulfills the need for a standard that governs selfclosing valves on cylinders, which are typically used in the calibration, beverage, and medical gas industries and mirrors requirements for impact testing and burst testing specified in ISO 10297. PHMSA has experience with permitting the use of valves constructed to ISO 17879 through special permit,24 which has occurred without incident since 2019. Incorporating this ISO standard would eliminate the need and associated burden for manufacturers to request a special permit to use the valves as they become more widely transported as a result of their authorization by other competent authorities. The proposed regulatory text references the following standards that are already approved for incorporation by reference in this section and no change is proposed for these standards: ISO 11114–1:2012(E); ISO 11114– 2:2013; ISO 10297:2014; ISO 17871:2015; ISO 11117:2008 and Technical Corrigendum 1; ISO 11117:1998; ISO 16111:2008. jbell on DSKJLSW7X2PROD with PROPOSALS4 Section 173.304B Section 173.304b contains requirements for shipment of liquefied compressed gases in UN pressure receptacles. In this section, paragraph (b) describes the filling limits for UN pressure receptacles expressed in terms of ‘‘filling ratio,’’ or the ratio of the mass of gas in the cylinder compared to the water capacity of the cylinder. Paragraph (b)(2) of this section provides the maximum allowable filling limits for 24 See, e.g., Special Permit 20876 (Apr. 21, 2021), https://cms7.phmsa.dot.gov/approvals-andpermits/hazmat/file-serve/authorization/ 2019045387_SP20876.pdf/2019045387/SP20876. VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 low pressure liquefied gases. As currently provided in paragraph (b) of 173.304b, the term ‘‘filling factor’’ is currently used to describe the filling limit in terms of the maximum mass of contents in kg of the gas per liter of water capacity, which is intended to have the same meaning as the ‘‘filling ratio.’’ To increase clarity of the HMR, PHMSA proposes to revise paragraph (b)(2) by deleting the term ‘‘filling factor’’ and only using the performance standard of ‘‘maximum mass of contents per liter of water capacity’’ so that this is not misunderstood as being different from the defined term ‘‘filling ratio.’’ This change is consistent with the same editorial correction made is the 21st revised edition of the UN Model Regulations. The term ‘‘filling factor’’ is used in the context of the UN Model Regulations and could be misunderstood as being different from the defined term ‘‘filling ratio.’’ PHMSA expects that clarifying the language pertaining to the filling ratio will provide a safety benefit by eliminating confusion about the definition of the term ‘‘filing factor’’ or ‘‘filing ratio.’’ Section 173.306 Section 173.306 provides exceptions from HMR requirements for transportation of limited quantities of compressed gases. Paragraph (f) of this section provides exceptions for the transportation of accumulators, which are transported under ‘‘UN3164, Articles, pressurized pneumatic or hydraulic.’’ Accumulators are devices in which a fluid is kept under pressure as a means of storing energy. PHMSA proposes to revise paragraphs (f)(2) and (f)(3) to allow robust accumulators to be transported unpackaged, in crates, or in overpacks that provide equivalent protection to the hazardous material being transported. The term robust is used to describe articles that are strong enough to withstand the shocks and loadings normally encountered during transport, including trans-shipment between cargo transport units and between cargo transport units and warehouses, as well as any removal from a pallet for subsequent manual or mechanical handling. PHMSA expects that the proposed amendments will increase flexibility for shippers and harmonize with revisions to the UN Model Regulations which limits the packaging required for ‘‘UN3164, Articles, pressurized pneumatic or hydraulic’’ when afforded equivalent protection by the article being transported. Additionally, PHMSA proposes to add a new paragraph (n) to include provisions for the transport of ‘‘UN2037, PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 Receptacles, small, containing gas or gas cartridges’’ for recycling or disposal. These proposed provisions include packaging requirements, conditions for exception, and maximum gross weight limits, applicable to small receptacles or cartridges containing gas not exceeding 1.0 L (0.3 gallons) capacity. PHMSA expects that codifying these provisions will create a regulatory framework for transporting these materials for recycling or disposal and reduce the administrative burden that would otherwise apply to fully regulated gas receptacles. Further, reducing this administrative burden may lead to other environmental benefits by facilitating shipments destined for recycling or disposal. PHMSA solicits comments on the need to expand these provisions to other types of authorized packagings mentioned in this section. Section 173.335 Section 173.335 specifies packaging requirements for hazardous materials transported as chemicals under pressure (e.g., ‘‘UN3500, Chemical under pressure, n.o.s.’’). Chemicals under pressure are regulated as gases but differ in that they are liquids, pastes, or powders, and pressurized with a propellant that meets the definition of a gas in § 173.115. Materials transported under UN3500 may include those that are widely used in fire suppression systems and other items used for fire control. PHMSA proposes to provide an extended periodic inspection period for cylinders containing fire extinguishing agents transported under UN3500. This amendment would be consistent with a new special packing provision, PP97, added in the 21st revised edition of the UN Model Regulations to provide a test period of 10 years for tubes (cylinders) that have a capacity of 450 L or less and that are filled with fire extinguishing agents. The intent of this change was to resolve the discrepancy in inspection periods between (1) gas-filled cylinders intended for installation in fire suppression systems and (2) cylinders used for the same purpose, but which contain a fire extinguishing agent (e.g., a liquid) in combination with a gas used as a propellant. Gases transported under ‘‘UN1956, compressed gas n.o.s.’’ have a maximum test period for periodic inspection of 10 years, whereas the maximum test period for UN3500, chemical under pressure, n.o.s.’’ is only five years. However, the updated UN Model Regulations extended the inspection period for cylinders containing fire extinguishing agents transported under UN3500 because they are typically (1) inert chemicals with no E:\FR\FM\10AUP4.SGM 10AUP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules subsidiary risks and (2) they are typically filled at lower pressures than cylinders containing UN1956 materials. Additionally, these fire extinguishing materials and devices are maintained and stored in a manner that minimizes the degradation of the cylinder (e.g., in protected indoor environments). A recent PHMSA rulemaking, HM– 234,25 broadened the scope of cylinders eligible to be classified as ‘‘UN1044, fire extinguishers’’ and the intent was to permit cylinders charged with fire extinguishing agents intended for use in fire suppression systems to be described and transported under ‘‘UN1044, fire extinguishers.’’ However, cylinders charged solely with a compressed gas or liquefied gas and used in a fire suppression system solely to expel a separately stored extinguishing agent are not eligible for transportation under UN1044. Furthermore, with respect to the UN Model Regulations, cylinders charged with a fire extinguishing agent and intended for use in a fire suppression are specifically excluded from transportation as ‘‘UN1044, fire extinguisher.’’ Therefore, while HM–234 added provisions that may allow hazardous materials in cylinders that have historically been described and transported as UN1956 or UN3500 to be transported as ‘‘UN1044, fire extinguisher’’, amending § 173.335 is still necessary to maintain alignment with the UN Model Regulations because the UN Model Regulations still do not allow cylinders intended for use in fire suppression systems to be transported under UN1044. Because of this conflict in classification for similar items, PHMSA proposes to extend the periodic inspection period for cylinders containing gases or liquid/gas mixtures that are used as fire extinguishing agents under UN3500, to facilitate international shipment of these items by aligning the § 173.335 periodic inspection requirements with the periodic inspection period adopted in the UN Model Regulations. Recognizing that these items UN3500 and UN1044 are functionally the same but classified differently outside of the United States, PHMSA expects that establishing parallel inspections periods for similar items will facilitate international movement and continued use of these cylinders domestically and internationally. 25 85 FR 85380 (Dec., 28, 2020). VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 D. Part 175 Section 175.8 Part 175 of the HMR prescribes requirements that apply to the transportation of hazardous materials in commerce aboard aircraft, including items carried by air passengers and crew, as well as items carried by the aircraft operator in accordance with airworthiness requirements and operating regulations, or in support of in-flight service. Section 175.8 provides exceptions from the HMR for certain equipment and materials used by aircraft operators that are regulated as hazardous materials. PHMSA proposes to amend paragraph (b) to provide a new exception for alcohol-based hand sanitizers and alcohol-based cleaning products carried aboard an aircraft by the operator for the purposes of passenger and crew hygiene. The proposed changes align the HMR with amendments made to the ICAO Technical Instructions, as amended in Addendum 1, on December 31, 2020, in response to the COVID–19 public health emergency. The intent of this amendment is to ensure that air operators are able to equip aircraft with alcohol-based sanitizers for use in the cabin for the purposes of passenger and crew hygiene without the regulatory burden of documentation and packaging otherwise associated with the transport of Class 3 flammable liquid hazardous materials. This proposal is beneficial to public interest given that it assists in limiting the spread and contraction of viruses such as COVID–19 without an anticipated decrease in transportation safety. Section 175.9 Section 175.9 provides exceptions from Subchapter C of the HMR for certain special aircraft operations. Paragraph (b)(5) excepts organ preservation units necessary to protect human organs when carried in the aircraft cabin, provided certain conditions are met. As written, the current provisions only allow for devices powered by non-spillable batteries. However, the technology for powering such devices has evolved to include lithium batteries. To maintain consistency with the ICAO Technical Instructions, PHMSA proposes to add provisions for organ preservation units powered by lithium batteries (both metal and ion). Specifically, lithium metal or lithium ion cells or batteries must meet the general provisions prescribed in § 173.185(a) and spare lithium batteries would need to be individually protected to prevent short circuits when not in use to ensure safe PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 43867 transport and use of this exception. PHMSA expects this proposed HMR amendment will promote broader use of the exception for organ preservation units. Finally, it facilitates international movement of these devices by harmonizing with ICAO Technical Instructions which allow lithium batteries as a power sources for the devices while still ensuring safe transport. Section 175.10 Section 175.10 specifies the conditions under which passengers, crew members or an operator may carry hazardous materials aboard a passenger aircraft. PHMSA proposes to amend paragraph (a)(1)(ii) of this section to permit Division 2.2 aerosols with no subsidiary hazard in addition to those that are not for medicinal or personal toiletry use as carry-on items (see § 175.10(a)(1)(i) in the HMR for provisions pertaining to non-radioactive medicinal and toilet articles). Currently, these materials (2.2 non-flammable gases) are only authorized in checked baggage. Additionally, PHMSA proposes to add a conditional requirement to new paragraph (a)(1)(iv) that the material in the Division 2.2 aerosols must not cause extreme annoyance or discomfort, in the event of an unintentional release, to crew members so as to inhibit performance of their assigned duties. The proposed changes align the HMR with amendments made to the ICAO Technical Instructions. In addition, these proposed changes are consistent with special permit DOT–SP 21021,26 which was issued in response to the COVID–19 public health emergency to ensure flight crews could carry-on sanitizing aerosol products that may not have been considered as items for personal use. PHMSA has determined that this proposal is beneficial and in the public interest because it expands the use of the passenger and crewmember exceptions applicable to Division 2.2 aerosols by allowing such aerosols in carry-on baggage. This is particularly beneficial for sanitizers to aid in preventing the potential spread and contraction of viruses such as COVID–19 without an anticipated decrease in transportation safety.27 Section 175.10(a)(11) outlines the provisions for self-inflating personal 26 DOT Special Permit 21021 (May 29, 2020), https://www.phmsa.dot.gov/approvals-and-permits/ hazmat/file-serve/offer/SP21021.pdf/2020034999/ SP21021. 27 PHMSA notes that, apart from the revisions to § 175.10 of the HMR proposed here, transportation of aerosols in carry-on baggage and for any other purpose may be subject to limitations imposed by other regulators, including (but not limited to) the Transportation Security Administration. E:\FR\FM\10AUP4.SGM 10AUP4 43868 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS4 safety devices and currently allows for the carriage of only one device with the approval of the aircraft operator. PHMSA proposes to increase the allowance from a single self-inflating personal safety device to two devices in response to an increase in passengers seeking to travel with their own devices. PHMSA clarifies that each self-inflating safety device may be fitted with no more than two small gas cartridges and that an additional two spare cartridges per device may be carried with the devices. In addition, PHMSA proposes to add the text ‘‘intended to be worn by a person’’ to specify that this provision is only intended for self-inflating personal safety devices that are designed to be worn by a person and does not apply to other types of safety devices. PHMSA expects this proposal will promote use of the self-inflating personal safety devices. Specifically, it provides passengers more flexibility when carrying self-inflating devices such as life-jackets, motorcycle jackets and horse riding vests. Further, PHMSA does not expect transportation safety will be compromised as these devices are designed with multiple initiation processes required for inflation to occur, thereby inhibiting unintentional activation. PHMSA has not identified any incidents involving unintentional activation of self-inflating personal safety devices inflight. Section 175.75 Section 175.75 provides quantity limitations and stowage location requirements for air transportation. During internal review of the stowage requirements found in § 175.75, PHMSA and FAA concluded that several editorial revisions would increase the clarity of this section, and therefore enhance the safety or hazardous materials transported by aircraft. These proposed revisions do not substantively change current requirements of this section. They are intended only for purposes of increasing the understanding of air stowage requirements. The proposed editorial revisions to this section are discussed as follows: • The current structure for paragraph (b) outlines three distinct stowage requirements in a single paragraph. To increase readability, PHMSA proposes to revise paragraph (b) by separating the three requirements into three subparagraphs each addressing a single stowage requirement. • Insertion of an additional distinct sentence in the aforementioned proposed revised format of paragraph (b) to highlight the existing requirement in § 175.75 that all packages displaying VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 a Cargo Aircraft Only label in accordance with § 172.402(c) must be loaded in an accessible manner (i.e., a manner accessible to the cargo aircraft’s crew or other authorized person). This longstanding requirement of the HMR is buried in the Quantity and Loading Table of paragraph (f). Air carrier stakeholders have suggested to PHMSA and FAA that the stowage requirements would be clarified if this important requirement were explicitly stated in § 175.75. Therefore, PHMSA proposes to specify this requirement in the stowage requirements as subparagraph (b)(4). • Correction of an inadvertent error in the Quantity and Loading Table of paragraph (f), Note 1, that removed Division 6.2 material from eligibility for exception from the inaccessible loading restriction for Cargo Aircraft Only packages. This inadvertent error occurred in a corrections and response to administrative appeals final rule.28 PHMSA revised requirements for Division 6.1 material among the list of eligible materials but in doing so inadvertently removed reference to Division 6.2 material. This change was not intended and; therefore, PHMSA proposes to reinsert reference to Division 6.2 material in Note 1. • Insertion of an Oxford comma in the Quantity and Loading Table of paragraph (f), Note 1, item d. to more clearly indicate that Class 9 material, limited quantity material, and excepted quantity material all qualify for this provision. PHMSA and FAA are aware that some air carrier stakeholders have expressed confusion with the language in Note 1, item d., and acknowledge that the omission of a comma between ‘‘Limited Quantity’’ and ‘‘Excepted Quantity’’ may create the impression that only Class 9 limited or excepted quantity material are eligible for this exception. Note 1, item d. has always included all eligible hazard classes of limited quantity and excepted quantity material. E. Part 176 Section 176.84 Part 176 contains requirements associated with transportation of hazardous materials by vessel. Section 176.84 prescribes the meanings of numbered or alphanumeric vessel transport stowage provisions that are assigned to hazardous materials and which are listed in column (10B) of the HMT. The provisions in § 176.84 are separated into general stowage provisions, which are defined in the ‘‘table of provisions’’ in paragraph (b), 28 78 FR 65453 (Oct. 31, 2013). This rule affected rules HM–215K, HM–215L, HM218G, and HM–219. PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 and the stowage notes unique to vessel shipments of Class 1 explosives, which are defined in the table in paragraph (c)(2). PHMSA has determined that the following proposed revisions will improve safety by ensuring that hazardous materials are properly stowed on vessels. First, PHMSA proposes to revise stowage provision 4 in paragraph (b). Existing stowage provision 4 directs shippers to ‘‘Stow ‘Separated from’ liquid organic materials.’’ PHMSA proposes to modify the language in this code for clarity and to facilitate proper stowage. In a proposal submitted to the IMO, it was noted that many liquid organic materials are not dangerous goods and that it is difficult to identify these commodities for purposes of segregation.29 Furthermore, the distinction between organic and inorganic substances cannot be easily discovered by persons responsible for the packing of a cargo transport unit. PHMSA has determined that requiring a determination as to whether a cargo is an organic or inorganic substance should be amended with a more readily understood requirement to characterize these items as combustible materials. This clarification would aid in ensuring safe segregation of materials assigned this stowage provision. Therefore, PHMSA proposes to amend stowage provision 4 to require materials assigned this code to ‘‘not be stowed’’ with combustible materials in the same cargo transport unit. Second, PHMSA proposes to add new stowage provisions under codes 155, 156, and 157: • New stowage code 155 is assigned to ‘‘UN2814, Infectious substances, affecting humans’’ and ‘‘UN2900, Infectious substances, affecting animals only.’’ This new stowage provision advises vessel carriers to avoid handling of an infectious package or keep handling of the package to a minimum and to inform the appropriate public health authority or veterinary authority where persons or animals may have been exposed to the package contents. This provision may improve safety for packages that may be used to transport COVID–19 related material. Stowage code 155 would apply particularly to any cargo offered in the traditional manner (i.e., break-bulk). The proposed stowage code advises cargo handling personnel to limit interaction with packages of Division 6.2 materials to a minimum. The requirement to notify the appropriate public health authority or 29 International Maritime Organization SubCommittee on the Carriage of Cargoes and Containers CCC 5/6/3. E:\FR\FM\10AUP4.SGM 10AUP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules veterinary authority where persons or animals may have been exposed to package contents is intended to ensure appropriate medical attention can be provided in the event of an exposure and any potential further contamination as a result of contact with the material is controlled. This new stowage code serves to ensure vessel carriers are aware of the potential hazard of these packages and to ensure they follow all protocols related to handling such packages. • New stowage code 156 is assigned to ‘‘UN3090, Lithium metal batteries,’’ ‘‘UN3091, Lithium metal batteries contained in equipment, or Lithium metal batteries packed with equipment,’’ ‘‘UN3480, Lithium ion batteries,’’ and ‘‘UN3481, Lithium ion batteries contained in equipment or Lithium ion batteries packed with equipment.’’ This new stowage provision would require damaged or defective lithium batteries that are offered for transportation in accordance with § 173.185(f) or being transported for purposes of disposal or recycling in accordance with proposed § 172.203(i)(4), to be stowed in accordance with stowage category C. Stowage category C requires on deck stowage instead of the currently authorized on deck or under deck stowage of these types of lithium batteries. This proposal harmonizes HMR stowage requirements for lithium batteries that are damaged/defective and those that are being offered for disposal or recycling with the IMDG Code stowage requirements. This proposed stowage change to require on deck stowage would allow for more easily identifiable and effective response actions in the event of a fire involving lithium batteries onboard a vessel. PHMSA expects that these revised shipping requirements will contribute to the safe transportation of increased volumes of lithium batteries anticipated as a result of the increased use of those technologies in the transportation and other economic sectors. • New stowage code 157 is assigned to the five HMR UN1950 aerosol entries and the three UN2037 receptacles; small, containing gas or gas cartridges entries. This new stowage provision would require aerosols and receptacles for gas transported for recycling or disposal to be stowed in accordance with vessel stowage category C and clear of living quarters. The HMR does not currently contain separate stowage provisions for aerosols or receptacles small containing gas that are being offered for disposal or recycling. These materials are assigned stowage category A if they are new and never used, or if VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 they are offered for transportation. The change from stowage category A to category C means these materials being offered for recycling or disposal would be required to be stowed ‘‘on deck only’’ instead of the currently authorized ‘‘on deck or under deck.’’ This proposed change in stowage requirements for aerosols and receptacles small containing gas provides more restrictive stowage requirements for these articles that have been utilized and are being offered for transportation under generally more relaxed packaging standards than if they were being offered as new articles. This more restrictive stowage requirement would more easily facilitate a response effort should one be required aboard a vessel. Third, in the paragraph (c)(2) table, PHMSA proposes amending stowage provisions for notes 19E and 22E. When assigned to an HMT entry, these existing notes require separation ‘‘away from’’ explosives containing chlorates or perchlorates and ‘‘away from’’ ammonium compounds and explosives containing ammonium compounds or salts. PHMSA proposes to amend these stowage provisions to specify a more demanding ‘‘separated from’’ stowage requirement. The terms ‘‘away from’’ and ‘‘separated from’’ have various meanings based on the type of shipment (e.g., break-bulk, shipments within a container, or container to container). Generally speaking, the term ‘‘separated from’’ requires more stringent segregation. As an example, for segregation from one container to another if ‘‘away from’’ applies, the containers cannot be stowed one on top of the other. If ‘‘separated from’’ is assigned, the containers cannot be stowed in the same vertical line. For more information on the applicability of these terms please, see § 176.83 of the HMR. This proposal also harmonizes the HMR with the IMDG Code and aligns with HMR stowage requirements for shipments of ammonium nitrates, chlorates, and perchlorates. These proposed changes provide additional segregation between loads of incompatible materials and decrease the likelihood of a reaction if a release were to occur onboard a vessel. F. Part 178 Section 178.3 Part 178 contains specifications for packagings. Section 178.3 prescribes marking requirements for specification packagings. PHMSA proposes to amend paragraph (a)(4) to clarify the marking size requirement for packagings transporting solids with a 30 kg (66 pounds) maximum net mass. PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 43869 Additionally, PHMSA is proposing to amend the exception for reducing the size of the required package marking applicable to packagings with a capacity of 5 L or less, or of 5 kg maximum net mass. The existing HMR text only refers to capacity, and the proposed use of ‘‘maximum net mass’’ is a more appropriate standard for packagings intended for solids. This editorial change is intended to reduce confusion over the application of the reduce size marking requirements as they apply to packagings used for solid materials. The quantity limit should be based on the net amount of solid material and not the capacity of the packaging the material is placed in. This clarification is consistent with similar provisions for solids (net mass) and liquids (capacity) throughout the HMR. Ensuring the appropriate application of the reduced size marking allowance provides consistency across persons using the reduce sized marking and therefore, improves safety of transport. Section 178.71 Section 178.71 prescribes specifications for UN pressure receptacles. To maintain consistency with the UN Model Regulations, PHMSA proposes to update four ISO documents incorporated by reference in this section. First, PHMSA proposes to amend paragraph (d)(2), which outlines the configuration and design requirements for a cylinder’s service equipment, and includes items that prevent the release of the pressure receptacle contents during handling and transportation. Currently this paragraph requires that valves for service equipment must conform to the 1999, 2006 and 2014 editions of ISO 10297. ISO 10297 specifies design, type testing and marking requirements for cylinder valves fitted to refillable transportable gas cylinders, main valves for cylinder bundles, and cylinder valves or main valves with an integrated pressure regulator (VIPR), which convey compressed, liquefied, or dissolved gases. PHMSA proposes to modify the valve conformance requirements in this paragraph such that when the use of a valve is prescribed, the valve must conform to the requirements of ISO 10297:2014 and the supplemental amendment, ISO 10297:2014/Amd 1:2017. ISO 10297:2014/Amd 1:2017 corrects errors in ISO 10297:2014 and also includes modifications for valves for tubes and pressure drums. PHMSA has reviewed this supplemental amendment as part of its regular participation in the review of amendments proposed for the UN E:\FR\FM\10AUP4.SGM 10AUP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 43870 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules Model Regulations and does not expect any degradation of safety standards in association with the use of these two documents. Additionally, PHMSA proposes to add an end date of December 31, 2022 to the authorization to use ISO 10297:2014 when not used in conjunction with the supplemental 2017 amendment, ISO 10297:2014/Amd 1:2017. Also in this paragraph, PHMSA proposes to amend references to ISO 14246, ‘‘Gas cylinders—Cylinder valves—Manufacturing tests and examinations.’’ Currently paragraph (d)(2) states that valves must be initially inspected and tested in accordance with ISO 14246:2014(E), ‘‘Gas cylinders— Cylinder valves—Manufacturing tests and examinations.’’ However, in 2017, ISO published ISO 14246:2014/Amd 1:2017, ‘‘Gas cylinders—Cylinder valves—Manufacturing tests and examinations,’’ which provides supplemental amendments pertaining to specific pressures to be used in the pressure test and leakproofness test of acetylene valves. PHMSA proposes to require the use of this amended document in § 178.71 to require acetylene valve users to use the updated values in ISO 14246:2014/Amd 1:2017. PHMSA has reviewed these documents as part its regular participation in the review of amendments proposed for the UN Model Regulations and does not expect any degradation of safety standards in association with the use of these two documents. PHMSA also proposes to add analogous compliance requirements for self-closing valves to paragraph (d)(2). ISO 17879:2017—Gas cylinders—Self-closing cylinder valves—Specification and type testing, specifies the design, type testing, marking, and manufacturing tests and examinations requirements for selfclosing cylinder valves intended to be fitted to refillable transportable gas cylinders which convey compressed, liquefied, or dissolved gases. Additionally, PHMSA proposes to amend paragraph (l)(1), which specifies the design and construction requirements for UN composite cylinders and tubes. The proposed change would add a new subparagraph (iv) to reference ISO 11119–4:2016, ‘‘Gas cylinders—Refillable composite gas cylinders—Design, construction and testing—Part 4: Fully wrapped fibre reinforced composite gas cylinders up to 150 L with load-sharing welded metallic liners.’’ This document, which was adopted in the UN Model Regulations, specifies requirements for composite gas cylinders with load-sharing welded liners between 0.5 L and 150 L water capacity and a maximum test pressure VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 of 450 bar for the storage and transportation of compressed or liquefied gases. PHMSA incorporates by reference the first three parts of the ISO 11119 series, which cover various designs of composite cylinders with a seamless liner. This fourth part defines the requirements for design, construction, and testing of composite cylinders with a welded metallic liner. Incorporating this ISO standard would eliminate the need and associated burden for manufacturers to request a special permit to construct fully wrapped fiber reinforced composite gas cylinders with load-sharing welded steel liners.30 Finally, PHMSA proposes to amend paragraph (o)(1) of this section to update the reference to ISO 11114–1:2012(E), ‘‘Gas cylinders—Compatibility of cylinder and valve materials with gas contents—Part 1: Metallic materials.’’ ISO 11114–1:2012 provides requirements for the selection of safe combinations of metallic cylinder and valve materials and cylinder gas content. PHMSA proposes to amend the compatibility requirements to also require compatibility with the 2017 supplement to ISO 11114–1:2012, (ISO 11114–1:2012/Amd 1:2017) for material compatibility requirements. Permitting the use of this document would allow shippers to safely transport a wider variety of gases in newly developed types of metallic cylinders and valves. PHMSA has reviewed this document as part of its regular participation in the review of amendments proposed for the 21st revised edition of the UN Model Regulations and expects that adding it to the HMR will enhance the current safety of hazardous materials in transportation, in addition to harmonizing the HMR with international requirements. This amendment provides compatibility requirements for the selection of combinations of metallic cylinder and valve materials for use with gas or gas mixtures. In the interest of providing uniformity with regard to reference standards used domestically and internationally, PHMSA proposes to revise the compatibility requirements to also refer to the 2017 amendment of this ISO standard. This 2017 supplemental amendment provides more explicit instructions on the permissible concentrations of certain gases. PHMSA has determined that permitting the use of this updated document would allow safe transport of a wider variety of gases in newly developed types of metallic 30 See, e.g., Special Permit 14457 (Dec. 16, 2019), which served as the technical basis for the development of ISO 11119–4:2016. PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 cylinders and valves without compromising safety. Section 178.75 Section 178.75 prescribes specifications for multiple-element gas containers (MEGCs), which are assemblies of UN cylinders, tubes, or bundles of cylinders interconnected by a manifold and assembled within a framework. The term includes all service equipment and structural equipment necessary for the transport of gases including hazardous materials marked as Division 2.1 (such as compressed hydrogen). PHMSA proposes to revise paragraph (d) to permit explicitly the use of composite construction, which is allowed for other pressure vessels (i.e., cylinders), rather than limiting authorized material of construction for an MEGC to seamless steel as in the current HMR. Composite cylinders are constructed of carbon, fiberglass, or a hybrid composite with high-strength aluminum liners. When the specifications for MEGCs were originally created, there were no standards for composite pressure receptacles in the international transport standards or the HMR. In the decades since standards for the use of ISO composite pressure receptacles have since been developed and authorized. International standards did not consider a corresponding allowance to use these composite pressure receptacles as elements of MEGCs when the specifications were originally adopted. The 21st revised edition of the UN Model Regulations have since been updated to include such an authorization and PHMSA proposes to similarly allow the use of composite pressure receptacles in MEGCs. To that end, PHMSA is adding references to the following ISO design standards for composite MEGCs: ISO 11119–1:2012(E), ‘‘Gas cylinders— Refillable composite gas cylinders and tubes—Design, construction and testing—Part 1: Hoop wrapped fibre reinforced composite gas cylinders and tubes up to 450 L,’’ ISO 11119– 2:2012(E), ‘‘Gas cylinders—Refillable composite gas cylinders and tubes— Design, construction and testing—Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with load-sharing metal liners,’’ and ISO 11119–3:2013(E), ‘‘Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 3: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 L with non-load-sharing metallic or nonmetallic liners.’’ The 19th revised edition of the Model Regulations E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules amended the definition of a tube to include composite construction and this change also included standards for the construction of composite tubes. Due to the lack of any technical or safety concerns, the 21st revised edition of the UN Model Regulations included an amendment to the definition of MEGCs which provides for composite construction, in addition to stainless steel construction and were not intended to exclude MEGCs. With these proposed revisions, PHMSA expects that this will provide flexibility and opportunities for cost savings for manufacturers of MEGCs while not compromising safety. Additionally, authorizing alternative MEGC packaging construction would provide flexibility in packaging selection for shippers that could facilitate the transportation of hydrogen or other gases that may be used to support clean energy alternatives. jbell on DSKJLSW7X2PROD with PROPOSALS4 Section 178.275 Section 178.275 outlines requirements and definitions pertaining to UN portable tanks intended for the transportation of liquid and solid hazardous materials. Paragraph (i) specifies the capacity requirements for pressure relief devices that must be on these portable tanks. The HMR specify a formula that can be used to determine the required total capacity for these pressure relief devices. The formula defines variable ‘‘U’’ as ‘‘thermal conductance of the insulation.’’ Discussions held by the UNSCOE 31 led to the conclusion that usage of the phrase ‘‘thermal conductance’’ associated with the variable ‘‘U’’ in this formula is misleading because, in general scientific usage, ‘‘conductance’’ is expressed in ‘‘kW. K¥1’’, and is not a surface factor. Leaving the formula description as it currently appears in the HMR may cause confusion for those who use it given that the correct term for the unit given is ‘‘heat transfer coefficient.’’ PHMSA proposes to replace the phrase ‘‘thermal conductance’’ with ‘‘heat transfer coefficient’’ so that ‘‘U’’ is defined as ‘‘heat transfer coefficient of the insulation’’ which is more appropriate for what is being calculated and is consistent with use of the formula in the UN Model Regulations. This would ensure proper calculation of the total capacity for the pressure relief devices for these portable tanks. 31 ‘‘Use of the terms ‘‘conductivity’’ and ‘‘conductance’’ in chapter 6.7’’ https:// www.unece.org/fileadmin/DAM/trans/doc/2018/ dgac10c3/ST-SG-AC.10-C.3-2018-56e.pdf. VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 Section 178.505 Section 178.505 prescribes specifications for aluminum drums and paragraph (b) prescribes the construction requirements for those aluminum drums. PHMSA proposes to add a new paragraph (b)(6) to specify conditions when internal protective coatings or treatments must be applied to these drums—consistent with requirements for other metal packagings, such as steel drums, as provided in § 178.504(b)(7) and aluminum and steel jerricans in § 178.511(b)(5). PHMSA agrees that, since metals are susceptible to corrosion from exposure to certain chemicals (e.g., sodium hydroxide solution, or alkaline liquids), measures need to be taken to ensure the packaging is compatible with the contents. Further, the general requirements for packagings in the HMR include a compatibility requirement such that even though certain packagings are specified in the HMR, it is, nevertheless, the responsibility of the person offering a hazardous material for transportation to ensure that such packagings are compatible with their contents. This applies particularly to corrosivity, permeability, softening, premature aging, and embrittlement (see § 173.24(e)). Therefore, PHMSA proposes to add conditions when internal protective coatings or treatments must be applied to metal drums that are not constructed of steel or aluminum. This addition is consistent with international standards covering UN packages 1B1 and 1B2 aluminum drums. PHMSA expects that this proposal will improve consistency with regard to safety standards (e.g., packaging integrity) across similar packagings. Section 178.506 Section 178.506 prescribes specifications for metal drums that are not made of steel or aluminum, and paragraph (b) prescribes the construction requirements for these drums. PHMSA proposes to add a new paragraph (b)(6) to specify conditions when internal protective coatings or treatments must be applied to metal drums that are not constructed of steel or aluminum consistent with this requirement for specifications of other metal packagings. This new requirement would mirror the requirements to apply suitable internal protective coatings or treatments in § 178.504(b)(7) for steel drums and § 178.511(b)(5) for aluminum and steel jerricans. Since metals are susceptible to corrosion from exposure to certain chemicals (e.g., sodium hydroxide solution, or alkaline liquids), PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 43871 PHMSA has determined measures need to be taken to ensure the packaging is compatible with the contents. Further, the general requirements for packagings in the HMR include a compatibility requirement such that even though certain packagings are specified in the HMR, it is, nevertheless, the responsibility of the person offering a hazardous material for transportation to ensure that such packagings are compatible with their contents. This applies particularly to corrosivity, permeability, softening, premature aging, and embrittlement (see § 173.24(e)). However, PHMSA expects that codifying specific conditions in which internal protective coatings or treatments must be applied to metal drums that are not constructed of steel or aluminum will provide needed consistency by providing uniform safety standards for similar packagings across the HMR and ensure safe packaging and transport within these metal drums. Section 178.609 Section 178.609 provides test requirements for packagings for infectious substances. PHMSA proposes an editorial amendment in paragraph (g) to clarify the performance testing requirements for infectious substances packaging. Specifically, PHMSA proposes to amend paragraph (g) to clarify that only one additional test is required for packages for infectious substances containing dry ice. The 21st revised edition of the UN Model Regulations made a similar clarification regarding the testing requirements for these packagings and PHMSA has determined that the current HMR also contains conflicting language in § 178.609. Currently paragraph (g), which specifies additional testing requirement for packagings intended to contain dry ice, may be interpreted to either require five additional samples dropped once each, or one additional sample packaging dropped five times. However, requiring one sample to be dropped five times in one orientation would not be consistent with drop testing requirements applicable to other packagings. PHMSA proposes to amend paragraph (g) to clearly state only one additional sample must be dropped in a single orientation; namely, the orientation the tester determines would be most likely to result in failure of the packaging in light of the properties of the packaging and the test surface. PHMSA does not consider this change to be technical, but editorial, with the intent of conveying the testing protocol, as it was designed, more clearly. For that reason, PHMSA does not expect any change in level of safety than what E:\FR\FM\10AUP4.SGM 10AUP4 43872 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules was originally intended. This change would simply result in a package being tested in line with the design of the original packaging test method. Section 178.703 Section 178.703 outlines the marking requirements for intermediate bulk containers (IBCs). PHMSA proposes to amend two marking requirements in this Section. In paragraph (b)(6), which specifies additional marking requirements for composite IBCs, the amendment would specify that the required markings on inner receptacles of these packagings must either be readily visible while in the outer casing or duplicated on the outer casing to facilitate inspection verifying compliance with the applicable package performance standard marking requirements. In paragraph (b)(7), which outlines the marking requirements for IBCs that are designed to be stacked, PHMSA proposes to revise language in paragraph (b)(7)(iv) to clarify the maximum stacking load requirements pertaining to each marking requirement. Currently paragraph (b)(7)(iv) indicates that the maximum permitted stacking load ‘‘applicable when the IBC is in use,’’ must be displayed. PHMSA has determined that this phrase may be misinterpreted to mean that the stacking load applies only to transportation, leading to these packagings being stacked inappropriately when not in transportation, such as in warehouse storage. PHMSA proposes to remove the words ‘‘applicable when the IBC is in use,’’ to clarify that stacking loads should never be exceeded whether in transportation or in storage. PHMSA has determined that clarifying the regulatory text regarding the proper use of these packagings will provide an enhanced level of safety both during transport and during storage. jbell on DSKJLSW7X2PROD with PROPOSALS4 Section 178.705 Section 178.705 prescribes specifications for metal IBCs. Paragraph (c) outlines construction requirements and paragraph (c)(1)(iv) specifies the minimum wall thickness requirements for metal IBCs. Metal IBCs are currently the only type of IBCs for which there are minimum wall thickness requirements, which is likely a holdover from regulations for cubical tank containers, from which the metal IBCs were once derived.32 In contrast, because of 32 Stainless Steel Container Association, Proposal on Minimum Wall Thickness for Metal IBCs Submitted to the Sub-Committee of Experts on the Transport of Dangerous Goods During the 54th Session (Sep. 7, 2018), https://www.unece.org/ VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 performance testing requirements’ (i.e., drop, stack and vibration) ability to demonstrate the integrity of the package, the 21st revised edition of the UN Model Regulations include an amendment which now provides that minimum wall thickness requirements apply only to metal IBCs that have a capacity of more than 1500 L (396 gallons), while metal IBCs with a volume of 1500 L or less are no longer subject to previous prescriptive minimum wall thickness requirements. Therefore, PHMSA proposes to revise the minimum wall thickness requirements for metal IBCs with a volume of 1500 L or less to provide additional design and construction flexibility with regards to IBC designs. This amendment would harmonize with the 21st revised edition of the UN Model Regulations. PHMSA solicits comments on the following safety and economic impacts regarding this proposed amendment: • Does the reliance on the performance testing system and the elimination of a prescriptive minimum wall thickness for metal IBC’s with a capacity of 1500 L or less present an unnecessary safety risk (e.g., reduced corrosion protection, ability to prevent punctures or ruptures resulting from conditions normally incident to transportation)? Explain. • Do manufacturers primarily use a reference steel or are other steels commonly used? If so, which ones? • If the minimum thickness requirement were removed for metal IBCs with a capacity of 1500 L or less, what calculations will the manufacturers use to determine the design minimum thickness for the IBCs made from the reference steel? • What is an approximate number of metal IBC design types and the number of IBCs manufactured in accordance with these design types that could reasonably expected to be in transportation? • What is the expected cost savings from the removal of a minimum wall thickness requirement for IBCs at or below the proposed 1500 L capacity? • What are the expected impacts of not harmonizing HMR requirements for metal IBCs with a capacity of 1500 L or less? As an alternative to the proposed rule, PHMSA is also considering a change to § 171.23, which prescribes requirements for specific materials and packagings transported under incorporated international standards to prohibit transportation or offering for fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SGAC.10-C.3-2018-96e.pdf. PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 transportation of metal IBCs with a capacity of 1500 L or less when that transportation is made in accordance with the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations. PHMSA also solicits comments on that potential prohibition. G. Part 180 Section 180.207 Section 180.207 outlines the requirements for the requalification of UN pressure receptacles. Paragraph (d) specifies the requalification procedures for various types of UN cylinders but, consistent with historical approach of the UN Model Regulations, does not include any procedures for the periodic inspection of UN cylinder bundles. However, the 21st revised edition of the UN Model Regulations addressed that gap by adding a new reference document entitled ISO 20475: 2018 ‘‘Gas cylinders—Cylinder bundles— Periodic inspection and testing.’’ ISO 20475 provides detailed procedures for maintenance and periodic inspection of cylinder bundles. PHMSA proposes to add paragraph (d)(7) to reference ISO 20475:2018, ‘‘Gas cylinders—Cylinder bundles—Periodic inspection and testing’’ to provide a requalification standard for UN cylinder bundles because requalification procedures may differ for bundles of cylinders versus individual cylinders. This document was developed based on the need for a standard specific to cylinder bundles which would allow them to be reintroduced into service for an extended period of time. PHMSA expects that incorporating by reference a safety standard for requalification will reduce business costs and environmental effects by allowing existing cylinders to be reintroduced into service for continued use. As a participant on the UNSCOE, this standard was reviewed by PHMSA and other international bodies for inclusion in the UN Model Regulations based on its need and safety merit. Incorporating by reference ISO 20475 in the HMR is necessary, not only for international harmonization, but also to address the lack of such a standard in the HMR. Additionally, PHMSA proposes to remove a reference to the outdated, third edition of ISO 10462(E), ‘‘Gas cylinders—Transportable cylinders for dissolved acetylene—Periodic inspection and maintenance’’ in paragraph (d)(3) used for the requalification of dissolved acetylene cylinders. Requalification is required in accordance with the third edition of ISO 10462:2013(E); however, requalification E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules in accordance with the second edition was authorized until December 31, 2018 in 180.207(d)(3). This date has since passed and, therefore, PHMSA proposes removing reference from this Section of the HMR. Consistent with this revision, the incorporation by reference of the second edition is removed from § 171.7(w) of the HMR. Additionally, acetylene cylinders requalified in accordance with the second edition before December 31, 2018, must be subsequently requalified in accordance with referenced third edition. PHMSA expects that these amendments will enhance safety by providing cylinder users with the necessary guidelines for the continued use of UN cylinders. The proposed regulatory text references ISO 10462:2013(E), which was previously approved for incorporation by reference in this section, and no changes are proposed for this standard. VI. Regulatory Analyses and Notices jbell on DSKJLSW7X2PROD with PROPOSALS4 A. Statutory/Legal Authority for This Rulemaking This NPRM is published under the authority of Federal hazardous materials transportation law. Section 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. Additionally, 49 U.S.C. 5120 authorizes the Secretary to consult with interested international authorities to ensure that, to the extent practicable, regulations governing the transportation of hazardous materials in commerce are consistent with the standards adopted VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 by international authorities. The Secretary has delegated the authority granted in the Federal hazardous materials transportation law to the PHMSA Administrator at 49 CFR 1.97(b). B. Executive Order 12866 and DOT Regulatory Policies and Procedures Executive Order 12866 (‘‘Regulatory Planning and Review’’) 33 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.’’ Similarly, DOT Order 2100.6A (‘‘Policies and Procedures for Rulemakings’’) requires that PHMSA rulemaking actions include ‘‘an assessment of the potential benefits, costs, and other important impacts of the regulatory action,’’ and (to the extent practicable) the benefits, costs, and any significant distributional impacts, including any environmental impacts. Executive Order 12866 and DOT Order 2100.6A require that PHMSA submit ‘‘significant regulatory actions’’ to the Office of Management and Budget (OMB) for review. This rulemaking is not considered a significant regulatory action under section 3(f) of Executive Order 12866 and, therefore, was not formally reviewed by OMB. This rulemaking is also not considered a significant rule under DOT Order 2100.6A. The following is a brief summary of costs, savings and net benefits of some of the amendments proposed in this 33 58 PO 00000 FR 51735 (Oct. 4, 1993). Frm 00031 Fmt 4701 Sfmt 4702 43873 notice. PHMSA has developed a more detailed analysis of these costs and benefits in the preliminary regulatory impact analysis (PRIA), a copy of which has been placed in the docket. PHMSA seeks public comment on its proposed revisions to the HMR and the preliminary cost and benefit analyses in the PRIA. PHMSA proposes to amend the HMR to maintain alignment with international regulations and standards, thereby maintaining the high safety standard currently achieved under the HMR, facilitating the safe transportation of critical vaccines and other medical materials associated with the response to the COVID–19 public health emergency, and aligning HMR requirements with anticipated increases in the volume of lithium batteries transported in interstate commerce from electrification of the transportation and other economic sectors. PHMSA examined the likely impacts of finalizing and implementing the provisions proposed in the NPRM in order to assess the benefits and costs of these amendments. This analysis allowed PHMSA to quantitatively assess the material effects of three of the proposed amendments in the rulemaking. The effects of six remaining proposed amendments are not quantified but are assessed qualitatively. PHMSA estimates that the annualized quantified net cost savings of this rulemaking, using a 7 percent discount rate, are approximately $23.5 to $28.5 million per year. The following table presents a summary of the monetized impacts that these proposed changes may have upon codification. E:\FR\FM\10AUP4.SGM 10AUP4 VerDate Sep<11>2014 Total ....................................................................... High 618,355 811,662 $618,355 $811,662 0 0 0 0 Low 10 year costs 165,572,913 0 159,315,195 6,257,717 Low 201,081,499 0 173,458,922 27,622,576 High 10 year cost savings 164,954,558 ($618,355) 159,315,195 6,257,717 Low 200,269,837 ($811,662) 173,458,922 27,622,576 High 10 year net cost savings [$2019] High 88,040 115,562 $88,040 $115,562 0 0 0 0 Low Annual costs 23,573,858 0 22,682,900 890,958 Low 28,629,482 0 24,696,648 3,932,833 High Annual cost savings SUMMARY TABLE OF NET REGULATORY COST SAVINGS, DISCOUNT RATE = 7%, 2022–2031 Amendment 2: Electric and Electronic Detonators ...... Amendment 5: Lithium Battery Mark ............................ Amendment 7: Data Loggers ....................................... Rule amendments jbell on DSKJLSW7X2PROD with PROPOSALS4 23,485,818 ($88,040) 22,682,900 890,958 Low 28,513,919 ($115,562) 24,696,648 3,932,833 High Annual net cost savings 43874 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 19:16 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules The safety and environmental benefits of the proposed rule have not been quantified. However, PHMSA expects the proposed amendments would help to improve public safety and reduce the risk of environmental harm by maintaining consistency between these international regulations and the HMR. Harmonization of the HMR with international consensus standards as proposed could reduce delays and interruptions of hazardous materials during transportation, thereby lowering GHG emissions and safety risks to communities (including minority, lowincome, underserved, and other disadvantaged populations and communities) in the vicinity of interim storage sites and transportation arteries and hubs. jbell on DSKJLSW7X2PROD with PROPOSALS4 C. Executive Order 13132 PHMSA analyzed this rulemaking in accordance with the principles and criteria contained in Executive Order 13132 (‘‘Federalism’’) 34 and the Presidential memorandum (’’Preemption’’) that was published in the Federal Register on May 22, 2009.35 Executive Order 13132 requires agencies to assure meaningful and timely input by State and local officials in the development of regulatory policies that may have ‘‘substantial direct effects 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.’’ The rulemaking may preempt State and local, and Native American Tribe requirements, but does not propose any regulation that has 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. The Federal hazardous materials transportation law contains an express preemption provision at 49 U.S.C. 5125(b) that preempts State, local, and Tribal requirements on certain covered subjects, unless the non-Federal requirements are ‘‘substantively the same’’ as the Federal requirements, including the following: (1) The designation, description, and classification of hazardous material; (2) The packing, repacking, handling, labeling, marking, and placarding of hazardous material; (3) The preparation, execution, and use of shipping documents related to hazardous material and requirements 34 64 35 74 FR 43255 (Aug. 10, 1999). FR 24693 (May 22, 2009). VerDate Sep<11>2014 19:16 Aug 09, 2021 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 material; and (5) The design, manufacture, fabrication, inspection, marking, maintenance, recondition, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce. This proposed rule addresses covered subject items (1), (2), (3), (4), and (5) above and would preempt State, local, and Tribal requirements not meeting the ‘‘substantively the same’’ standard. In this instance, the preemptive effect of the proposed rule is limited to the minimum level necessary to achieve the objectives of the hazardous materials transportation law under which the final rule is promulgated. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. D. Executive Order 13175 PHMSA analyzed this rulemaking in accordance with the principles and criteria contained in Executive Order 13175 (‘‘Consultation and Coordination with Indian Tribal Governments’’) 36 and DOT Order 5301.1 (‘‘Department of Transportation Policies, Programs, and Procedures Affecting American Indians, Alaska Natives, and Tribes’’). Executive Order 13175 and DOT Order 5301.1 require DOT Operating Administrations to assure meaningful and timely input from Native American Tribal government representatives in the development of rules that significantly or uniquely affect Tribal communities by imposing ‘‘substantial direct compliance costs’’ or ‘‘substantial direct effects’’ on such communities or the relationship and distribution of power between the Federal government and Native American Tribes. PHMSA assessed the impact of the rulemaking and determined that it would not significantly or uniquely affect Tribal communities or Native American Tribal governments. The changes to the HMR proposed in this NPRM are facially neutral and would have broad, national scope; PHMSA, therefore, expects this rulemaking not to significantly or uniquely affect Tribal communities, much less impose substantial compliance costs on Native American Tribal governments or mandate Tribal action. And because PHMSA expects the rulemaking would not adversely affect the safe transportation of hazardous materials 36 65 Jkt 253001 PO 00000 FR 67249 (Nov. 9, 2000). Frm 00033 Fmt 4701 Sfmt 4702 43875 generally, PHMSA does not expect it would entail disproportionately high adverse risks for Tribal communities. For these reasons, PHMSA does not expect the funding and consultation requirements of Executive Order 13175 and DOT Order 5301.1 to apply. However, PHMSA solicits comment from Native American Tribal governments and communities on potential impacts of the proposed rulemaking. E. Regulatory Flexibility Act and Executive Order 13272 The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires agencies to review proposed regulations to assess their impact on small entities, unless the agency head certifies that a proposed rulemaking will not have a significant economic impact on a substantial number of small entities including small businesses, not-forprofit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations under 50,000. The Regulatory Flexibility Act directs agencies to establish exceptions and differing compliance standards for small businesses, where possible to do so and still meet the objectives of applicable regulatory statutes. Executive Order 13272 (‘‘Proper Consideration of Small Entities in Agency Rulemaking’’) 37 requires agencies to establish procedures and policies to promote compliance with the Regulatory Flexibility Act and to ‘‘thoroughly review draft rules to assess and take appropriate account of the potential impact’’ of the rules on small businesses, governmental jurisdictions, and small organizations. The DOT posts its implementing guidance on a dedicated web page.38 This proposed rulemaking has been developed in accordance with Executive Order 13272 and with DOT’s procedures and policies to promote compliance with the Regulatory Flexibility Act to ensure that potential impacts of draft rules on small entities are properly considered. This proposed rule facilitates the transportation of hazardous materials in international commerce by providing consistency with international standards. It applies to offerors and carriers of hazardous materials, some of whom are small entities, such as chemical manufacturers, users, and suppliers, 37 67 FR 53461 (Aug. 16, 2002). ‘‘Rulemaking Requirements Related to Small Entities,’’ https://www.transportation.gov/ regulations/rulemaking-requirements-concerningsmall-entities (last accessed June 17, 2021). 38 DOT, E:\FR\FM\10AUP4.SGM 10AUP4 43876 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS4 packaging manufacturers, distributors, and training companies. As discussed at length in the PRIA in the rulemaking docket, the amendments in this proposed rule should result in net cost savings that would ease the regulatory compliance burden for those and other entities engaged in domestic and international commerce, including trans-border shipments within North America. Additionally, the changes proposed in this NPRM would relieve U.S. companies, including small entities competing in foreign markets, from the burden of complying with a dual system of regulations. Therefore, PHMSA expects that these amendments will not, if adopted, have a significant economic impact on a substantial number of small entities. However, PHMSA solicits comments on the anticipated economic impacts to small entities. F. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), no person is required to respond to an information collection unless it has been approved by OMB and displays a valid OMB control number. Pursuant to 44 U.S.C. 3506(c)(2)(B) and 5 CFR 1320.8(d), PHMSA must provide interested members of the public and affected agencies with an opportunity to comment on information collection and recordkeeping requests. PHMSA has analyzed this NPRM in accordance with the Paperwork Reduction Act. PHMSA currently accounts for shipping paper burdens under OMB Control Number 2137–0034, ‘‘Hazardous Materials Shipping Papers and Emergency Response Information.’’ PHMSA proposes a number of amendments that may impact the burden accounted for in OMB Control Number 2137–0034. They include requiring the word ‘‘stabilized’’ as a part of the proper shipping name for ‘‘UN2522, 2-Dimethlaminoethl methacrylate,’’ adding the applicable term ‘‘DAMAGED/DEFECTIVE,’’ ‘‘LITHIUM BATTERIES FOR DISPOSAL’’ or ‘‘LITHIUM BATTERIES FOR RECYCLING’’, excepting marine pollutants from the requirement to supplement the proper shipping name with a technical name for UN3077 and UN3082, and requiring documentation of the holding time for refrigerated liquefied gases transported in portable tanks. However, while PHMSA estimates that there will be some impact in the annual burden related to shipping papers, PHMSA expects the overall impact to annual burden is negligible in relation to the number of burden hours currently associated with this information collection. VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 OMB Control Number 2137–0051, ‘‘Rulemaking, Special Permits, and Preemption Requirements,’’ currently accounts for burden associated with petitions for rulemaking, special permit applications, and preemption requests. PHMSA proposes to authorize certain ISO standard valves in § 173.301b(c)(2) and expand § 175.10 to allow passenger and crewmembers to carry certain Division 2.2 aerosols in carry-on baggage, both of which eliminate the need for use of a special permit. While PHMSA expects these proposals to reduce the burden associated with this information collection, PHMSA anticipates the reduction is negligible in relation to the total burden hours associated with special permit applications. PHMSA accounts for the burden from approval applications in OMB Control Number 2137–0557, ‘‘Approvals for Hazardous Materials.’’ PHMSA proposes to add a new HMT entry for ‘‘UN3549, Medical Waste, Category A, Affecting Humans, solid or Medical Waste, Category A, Affecting Animals only, solid’’ and require an approval for transportation in accordance with Special Provision 131, which PHMSA expects would increase the number of annual approval applicants. PHMSA also proposes to add new entries to the § 173.225 Organic Peroxide Table, which PHMSA expects would decrease the number of annual approval applicants. However, PHMSA expects that these proposed changes are negligible to the overall impact of the total burden in relation to the number of burden hours associated with this information collection. PHMSA requests comments on the information collection and recordkeeping burdens associated with developing, implementing, and maintaining the proposed requirements in this NPRM. Address written comments to the DOT Docket Operations Office identified in the ADDRESSES section of this rulemaking. PHMSA must receive comments regarding information collection burdens prior to the close of the comment period identified in the DATES section of this rulemaking. Requests for a copy of this information collection should be directed to Steven Andrews or Shelby Geller, Standards and Rulemaking Division (PHH–10), Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. If these proposed requirements are adopted in a final rule, PHMSA will submit the revised information collection and recordkeeping requirements to OMB for approval. PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 G. Regulation Identifier Number A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions (‘‘Unified Agenda’’). The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year; the most recent version was published in June 2021. The RIN contained in the heading of this document can be used to crossreference this action with the Unified Agenda. H. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et seq.) requires agencies to assess the effects of Federal regulatory actions on State, local, and Tribal governments, and the private sector. For any NPRM or final rule that includes a Federal mandate that may result in the expenditure by State, local, and Tribal governments, or by the private sector of $100 million or more in 1996 dollars in any given year, the agency must prepare, amongst other things, a written statement that qualitatively and quantitatively assesses the costs and benefits of the Federal mandate. As explained in the PRIA, this proposed rulemaking does not impose unfunded mandates under the UMRA. It does not result in costs of $100 million or more in 1996 dollars to either State, local, or Tribal governments, or to the private sector, in any one year. A copy of the PRIA is available for review in the docket. I. Environmental Assessment The National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), requires that Federal agencies analyze proposed actions to determine whether the action would have a significant impact on the human environment. The Council on Environmental Quality implementing regulations (40 CFR parts 1500–1508) require Federal agencies to conduct an environmental review considering (1) the need for the action, (2) alternatives to the action, (3) probable environmental impacts of the action and alternatives, and (4) the agencies and persons consulted during the consideration process. DOT Order 5610.1C (‘‘Procedures for Considering Environmental Impacts’’) establishes departmental procedures for evaluation of environmental impacts under NEPA and its implementing regulations. E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 1. Purpose and Need This NPRM would amend the HMR to maintain alignment with international consensus standards by incorporating into the HMR various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. PHMSA notes that the amendments proposed in this NPRM are intended to result in cost savings and reduced regulatory burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America. Absent adoption of the amendments proposed in the NPRM, U.S. companies—including numerous small entities competing in foreign markets— may be at an economic disadvantage because of their need to comply with a dual system of regulations. Further, among the HMR amendments introduced in this rulemaking are those facilitating the transportation of critical vaccines and other medical materials associated with response to the COVID– 19 public health emergency, and others aligning HMR requirements with anticipated increases in the volume of lithium batteries transported in interstate commerce from electrification of the transportation and other economic sectors. As explained at greater length above in the preamble of this NPRM and in the PRIA (each of which are incorporated by reference in this discussion of the environmental impacts of the Proposed Action Alternative), PHMSA expects the adoption of the regulatory amendments proposed in this NPRM would maintain the high safety standard currently achieved under the HMR. PHMSA has evaluated the safety each of the amendments proposed in this NPRM on its own merit, as well as the aggregate impact on transportation safety from adoption of those amendments. jbell on DSKJLSW7X2PROD with PROPOSALS4 2. Alternatives In proposing this rulemaking, PHMSA is considering the following alternatives: No Action Alternative If PHMSA were to select the No Action Alternative, current regulations would remain in place and no provisions would be amended or added. Proposed Action Alternative This alternative is the current proposal as it appears in this NPRM, applying to transport of hazardous materials by various transport modes (highway, rail, vessel and aircraft). The VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 proposed amendments included in this alternative are more fully discussed in the preamble and regulatory text sections of this NPRM. 3. Reasonably Foreseeable Environmental Impacts of the Alternatives No Action Alternative If PHMSA were to select the No Action Alternative, the HMR would remain unchanged and no provisions would be amended or added. However, any economic benefits gained through harmonization of the HMR with updated international consensus standards (including, but not limited to, the 21st revised edition of the UN Model Regulations, the 2021–2022 ICAO Technical Instructions and amendment 40–20 of the IMDG Code) governing shipping of hazardous materials would not be realized. Additionally, the No Action Alternative would not adopt enhanced and clarified regulatory requirements expected to maintain the high level of safety in transportation of hazardous materials provided by the HMR. As explained in the preamble to the NPRM, consistency between the HMR and current international standards can enhance safety by (1) ensuring that the HMR is informed by the latest best practices and lessons learned; (2) improving understanding of and compliance with pertinent requirements; (3) enabling consistent emergency response procedures in the event of a hazardous materials incident; and (4) facilitating the smooth flow of hazardous materials from their points of origin to their points of destination, thereby avoiding risks to the public and the environment from release of hazardous materials from delays or interruptions in the transportation of those materials. PHMSA would not capture those benefits if it were to pass on incorporating updated international standards into the HMR under the No Action Alternative. Additionally, some of the proposed HMR amendments are expected to better accommodate than the current HMR the safe transportation of emerging technologies (in particular lithium battery technologies), and facilitate safe shipment of vaccines and other hazardous materials associated with efforts to combat the COVID–19 public health emergency. As explained in the PRIA, PHMSA expects a significant increase in the volume of shipments of lithium batteries over time as more sectors of the U.S. domestic and international economies electrify; PHMSA’s proposed HMR amendments PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 43877 pertaining to lithium batteries (which touch on multiple stages in the lifecycle of a lithium battery) are intended to ensure that expansion occurs safely. Similarly, PHMSA understands that the response to the COVID–19 public health emergency will result in sustained demand for shipments of refrigerated packages employing data loggers transporting vaccines, as well as increased volumes of sanitizing chemicals and medical waste from diagnosis, treatment, and sanitization efforts; the HMR amendments within the Proposed Action Alternative are intended to address the risks associated with those COVID-related changes in transportation demand. The No Action Alternative, in contrast, would not amend the HMR to account for these emerging trends in demand for transportation of hazardous materials. PHMSA notes that the No Action Alternative would avoid any risks to public safety and the environment from the NPRM’s proposed authorization of shipments of hazardous materials offered pursuant to temporary certificates issued by Transport Canada. While the transportation of hazardous materials always entails risk, allowing the transportation of hazardous materials pursuant to temporary certificates issued by Transport Canada could facilitate shipments of hazardous materials that are not otherwise compliant with the HMR and do not meet an equivalent standard of safety. Arguably, this allowance could entail greater risks to public safety and the environment. However, based on years of collaboration, PHMSA considers Transport Canada to be a partner in hazardous materials safety and has confidence in the technical expertise and judgement of the hazardous materials safety SMEs at Transport Canada. PHMSA further submits that any risks are mitigated by (1) the technical review by Transport Canada subject matter experts to determine any shipments would be in the public interest, (2) the limited duration of those temporary certificates, (3) the terms and conditions imposed in those certificates, (4) other regulatory requirements under the TDG Regulations or the HMR that may remain applicable, and (5) PHMSA’s limitation of its recognition of temporary certificates to transportation via motor carrier and rail during the particular shipment authorized by a temporary certificate. PHMSA expects that the No Action Alternative could have a modest impact on GHG emissions. Because PHMSA expects the differences between the HMR and international standards for transportation of hazardous materials E:\FR\FM\10AUP4.SGM 10AUP4 43878 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS4 could result in transportation delays or interruptions, PHMSA anticipates that there could be modestly higher GHG emissions from some combination of (1) transfer of delayed hazardous materials to and from interim storage, (2) return of improperly shipped materials to their point of origin, and (3) re-shipment of returned materials. PHMSA notes that it is unable to quantify such GHG emissions because of the difficulty in identifying the precise quantity or characteristics of such interim storage or returns/re-shipments. The less demanding holding time documentation requirements for refrigerated hazardous gasses under the current HMR could also result in more frequent venting of GHGs (including nitrous oxide, a potent GHG) from portable tanks during delays in transportation. PHMSA also submits that, as explained at greater length in Section IV.J., to the extent that there are any delays arising from inconsistencies between the HMR and recently updated international standards, there could also be adverse impacts from the No Action Alternative for minority populations, low-income populations, or other underserved and other disadvantaged communities. Proposed Action Alternative As explained further in the discussions in each of the No Action Alternative above, the preamble, and the PRIA, PHMSA anticipates the changes proposed under the Proposed Action Alternative will maintain the high safety standards currently achieved under the HMR. Harmonization of the HMR with updated international consensus standards is also expected to capture economic efficiencies gained from avoiding shipping delays and compliance costs associated with having to comply with divergent U.S. and international regulatory regimes for transportation of hazardous materials. Further, PHMSA expects revision of the HMR as proposed in the NPRM will accommodate safe transportation of emerging technologies (in particular lithium battery technologies), and facilitate safe shipment of vaccines and other hazardous materials critical in efforts to combat the COVID–19 public health emergency. PHMSA acknowledges that the Proposed Action Alternative could introduce risks to public safety and the environment from authorization of shipments of hazardous materials pursuant to temporary certificates issued by Transport Canada. As explained in the above discussion of the No Action Alternative, PHMSA understands that risk to be largely theoretical; PHMSA is unaware of VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 evidence that hazardous material incidents have occurred as a result of or under the authority of temporary certificates. Further, PHMSA notes that the suite of other factors (including Transport Canada’s review process, certificate terms and conditions, and otherwise applicable regulatory requirements of the TDG Regulations and the HMR) would mitigate residual risks to public safety and the environment. PHMSA expects that Proposed Action Alternative could realize modest reductions in GHG emissions. Because PHMSA expects the differences between the HMR and international standards for transportation of hazardous materials could result in delays or interruptions, PHMSA anticipates that the No Action Alternative could result in modestly higher GHG emissions from some combination of (1) transfer of delayed hazardous materials to and from interim storage, (2) return of improperly shipped materials to their point of origin, or (3) re-shipment of returned materials. The Proposed Action Alternative avoids those risks resulting from divergence of the HMR from updated international standards. PHMSA notes, however, that it is unable to quantify any GHG emissions benefits because of the difficulty in identifying the precise quantity or characteristics of such interim storage or returns/reshipments. PHMSA also noted that the less demanding holding time documentation requirements for refrigerated hazardous gasses under the current HMR could also result in more frequent venting of GHGs (including nitrous oxide, a potent GHG) from portable tanks during delays in transportation than would occur under the Proposed Action Alternative. Lastly, PHMSA also submits that, as explained at greater length in Section IV.J., the Proposed Action Alternative would avoid any delayed or interrupted shipments arising from the divergence of the HMR from updated international standards under the No Action Alternative that could result in adverse impacts for minority populations, lowincome populations, or other underserved and other disadvantaged communities. 4. Agencies Consulted PHMSA has coordinated with the Federal Aviation Administration, the Federal Motor Carrier Safety Administration, the Federal Railroad Administration, and the U.S. Coast Guard in the development of this proposed rule. PHMSA solicits, and will consider, comments on the NPRM’s potential impacts on the human PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 environment submitted by members of the public, state and local governments, tribal communities and industry. 5. Proposed Finding of No Significant Impact PHMSA expects the adoption of the Proposed Action Alternative’s regulatory amendments will maintain the HMR’s current high level of safety for shipments of hazardous materials transported by highway, rail, aircraft, and vessel, and as such finds the HMR amendments in the NPRM would have no significant impact on the human environment. PHMSA expects that the Proposed Action Alternative will avoid adverse safety, environmental justice, and GHG emissions impacts of the No Action Alternative. Furthermore, based on PHMSA’s analysis of these provisions described above, PHMSA proposes to find that codification and implementation of this rule would not result in a significant impact to the human environment. PHMSA welcomes any views, data, or information related to environmental impacts that may result from NPRM’s proposed requirements, the No Action Alternative, and other viable alternatives and their environmental impacts. J. Environmental Justice DOT Order 5610.2C (Department of Transportation Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’) and Executive Orders 12898 (‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’),39 13985 (‘‘Advancing Racial Equity and Support for Underserved Communities Through the Federal Government’’),40 13990 (‘‘Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis’’),41 and 14008 (‘‘Tackling the Climate Crisis at Home and Abroad’’) 42 require DOT agencies to achieve environmental justice as part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects, including interrelated social and economic effects of their programs, policies, and activities on minority populations, low-income populations, and other underserved and disadvantaged communities. 39 59 FR 7629 (Feb. 11, 1994). FR 7009 (Jan. 20, 2021). 41 86 FR 7037 (Jan. 20, 2021). 42 86 FR 7619 (Feb. 1, 2021). 40 86 E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS4 PHMSA has evaluated this proposed rule under the above Executive Orders and DOT Order 5610.2C. PHMSA does not expect the proposed rule, if finalized, to cause disproportionately high and adverse human health and environmental effects on minority, lowincome, underserved, and other disadvantaged populations and communities. The rulemaking is facially neutral and national in scope; it is neither directed toward a particular population, region, or community, nor is it expected to adversely impact any particular population, region, or community. And because PHMSA expects the rulemaking would not adversely affect the safe transportation of hazardous materials generally, PHMSA does not expect the proposed revisions would entail disproportionately high adverse risks for minority populations, low-income populations, or other underserved and other disadvantaged communities. PHMSA submits that the proposed rulemaking could in fact reduce risks to minority populations, low-income populations, or other underserved and other disadvantaged communities. Because the proposed HMR amendments could avoid the release of hazardous materials and reduce the frequency of delays and returned/ resubmitted shipments of hazardous materials resulting from conflict between the current HMR and updated international standards, the proposed rule could reduce risks to populations and communities—including any minority, low-income, underserved and other disadvantaged populations and communities—in the vicinity of interim storage sites and transportation arteries and hubs. Additionally, as explained in the above discussion of NEPA, PHMSA expects that its proposed HMR amendments will yield modest GHG emissions reductions, thereby reducing the risks posed by anthropogenic climate change to minority, low-income, underserved, and other disadvantaged populations and communities. PHMSA solicits comment from minority, low-income, underserved, and other disadvantaged populations and communities on potential impacts of the proposed rulemaking. K. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS). DOT’s complete Privacy Act VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 Statement is in the Federal Register published on April 11, 2000,43 or on DOT’s website at http://www.dot.gov/ privacy. L. Executive Order 13609 and International Trade Analysis Executive Order 13609 (‘‘Promoting International Regulatory Cooperation’’) 44 requires that agencies consider whether the impacts associated with significant variations between domestic and international regulatory approaches are unnecessary or may impair the ability of American business to export and compete internationally. In meeting shared challenges involving health, safety, labor, security, environmental, and other issues, international regulatory cooperation can identify approaches that are at least as protective as those that are or would be adopted in the absence of such cooperation. International regulatory cooperation can also reduce, eliminate, or prevent unnecessary differences in regulatory requirements. Similarly, the Trade Agreements Act of 1979 (Pub. L. 96–39), as amended by the Uruguay Round Agreements Act (Pub. L. 103–465) (as amended, the Trade Agreements Act), prohibits agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to the Trade Agreements Act, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, 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 to protect the safety of the American public, and it has assessed the effects of the proposed rule to ensure that it does not cause unnecessary obstacles to foreign trade. In fact, the proposed rule is expected to facilitate international trade by harmonizing U.S. and international requirements for the transportation of hazardous materials so as to reduce regulatory burdens and minimize delays arising from having to comply with divergent regulatory requirements. Accordingly, this rulemaking is consistent with Executive 43 65 44 77 PO 00000 FR 19477 (Apr. 11, 2000). FR 26413 (May. 4, 2012). Frm 00037 Fmt 4701 Sfmt 4702 43879 Order 13609 and PHMSA’s obligations under the Trade Agreements Act. M. National Technology Transfer and Advancement Act The NTTAA directs federal agencies to use voluntary consensus standards in their regulatory activities unless doing so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specification of materials, test methods, or performance requirements) that are developed or adopted by voluntary consensus standard bodies. This rulemaking involves multiple voluntary consensus standards which are discussed at length in the discussion on § 171.7. See Section 171.7 of the Section-by-Section Review for further details. N. Executive Order 13211 Executive Order 13211 (‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’) 45 requires Federal agencies to prepare a Statement of Energy Effects for any ‘‘significant energy action.’’ Executive Order 13211 defines a ‘‘significant energy action’’ as any action by an agency (normally published in the Federal Register) that promulgates, or is expected to lead to the promulgation of, a final rule or regulation that (1)(i) is a significant regulatory action under Executive Order 12866 or any successor order and (ii) is likely to have a significant adverse effect on the supply, distribution, or use of energy (including a shortfall in supply, price increases, and increased use of foreign supplies); or (2) is designated by the Administrator of the Office of Information and Regulatory Affairs (OIRA) as a significant energy action. This proposed rule is not a significant action under Executive Order 12866, nor is it expected to have an annual effect on the economy of $100 million. Further, this action is not expected to have a significant adverse effect on the supply, distribution, or use of energy in the United States. The Administrator of OIRA has not designated the proposed rule as a significant energy action. For additional discussion of the anticipated economic impact of this rulemaking, please review the PRIA posted in the rulemaking docket. List of Subjects 49 CFR Part 171 Exports, Hazardous materials transportation, Hazardous waste, Imports, Incorporation by reference, 45 66 E:\FR\FM\10AUP4.SGM FR 28355 (May 22, 2001). 10AUP4 43880 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules Reporting and recordkeeping requirements. 49 CFR Part 172 Education, Hazardous materials transportation, Hazardous waste, Incorporation by reference, 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, Radioactive materials, Reporting and recordkeeping requirements. 49 CFR Part 176 Maritime carriers, Hazardous materials transportation, Incorporation by reference, Radioactive materials, Reporting and recordkeeping requirements. 49 CFR Part 178 Hazardous materials transportation, Incorporation by reference, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 180 Hazardous materials transportation, Motor carriers, Motor vehicle safety, Packaging and containers, Railroad safety, Reporting and recordkeeping requirements. In consideration of the foregoing, PHMSA proposes to amend 49 CFR chapter I as follows: PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 1. The authority citation for part 171 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128, 44701; Pub. L. 101–410 section 4; Pub. L. 104–134, section 31001; Pub. L. 114–74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.97. 2. Amend § 171.7 by: a. Revising paragraphs (s)(1), (t)(1), and (v)(2); ■ b. Revising paragraphs (w)(38) through (77) and adding paragraphs (w)(78) through (81); and ■ c. Revising paragraphs (aa)(3), and (dd)(1) through (4). The revisions and additions read as follows: jbell on DSKJLSW7X2PROD with PROPOSALS4 ■ ■ § 171.7 * * Reference Material. * VerDate Sep<11>2014 * * 19:16 Aug 09, 2021 Jkt 253001 (s) * * * (1) IAEA Regulations for the Safe Transport of Radioactive Material, Safety Standards Series No. SSR–6 (Rev.1), 2018 Edition, into §§ 171.22; 171.23; 171.26; 173.415; 173.416; 173.417; 173.435; 173.473. * * * * * (t) * * * (1) Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), 2021– 2022 Edition, copyright 2020 into §§ 171.8; 171.22; 171.23; 171.24; 172.101; 172.202; 172.401; 172.407; 172.512; 172.519; 172.602; 173.56; 173.320; 175.10, 175.33; 178.3. * * * * * (v) * * * (2) International Maritime Dangerous Goods Code (IMDG Code), Incorporating Amendment 40–20 (English Edition), Volumes 1 and 2, 2020 Edition, into §§ 171.22; 171.23; 171.25; 172.101; 172.202; 172.203 172.401; 172.407; 172.502; 172.519; 172.602; 173.21; 173.56; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140; 176.720; 176.906; 178.3; 178.274. (w) * * * (38) ISO 10156:2017(E), Gas cylinders—Gases and gas mixtures— Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets, Fourth edition, 2017–07–01, into § 173.115. (39) ISO 10297:1999(E), Gas cylinders—Refillable gas cylinder valves—Specification and type testing, First Edition, 1995–05–01, into §§ 173.301b; 178.71. (40) ISO 10297:2006(E), Transportable gas cylinders—Cylinder valves— Specification and type testing, Second Edition, 2006–01–15, into §§ 173.301b; 178.71. (41) ISO 10297:2014(E), Gas cylinders—Cylinder valves— Specification and type testing, Third Edition, 2014–07–15, into §§ 173.301b; 178.71. (42) ISO 10297:2014/Amd 1:2017(E), Gas cylinders—Cylinder valves— Specification and type testing— Amendment 1: Pressure drums and tubes, Third Edition, 2017–03, into §§ 173.301b; 178.71. (43) ISO 10461:2005(E), Gas cylinders—Seamless aluminum-alloy gas cylinders—Periodic inspection and testing, Second Edition, 2005–02–15 and Amendment 1, 2006–07–15, into § 180.207. (44) ISO 10462:2013(E), Gas cylinders—Acetylene cylinders— Periodic inspection and maintenance, Third edition, 2013–12–15, into § 180.207. PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 (45) ISO 10692–2:2001(E), Gas cylinders—Gas cylinder valve connections for use in the microelectronics industry—Part 2: Specification and type testing for valve to cylinder connections, First Edition, 2001–08–01, into §§ 173.40; 173.302c. (46) ISO 11114–1:2012(E), Gas cylinders—Compatibility of cylinder and valve materials with gas contents— Part 1: Metallic materials, Second edition, 2012–03–15, into §§ 172.102; 173.301b; 178.71. (47) ISO 11114–1:2012/Amd 1:2017(E), Gas cylinders—Compatibility of cylinder and valve materials with gas contents—Part 1: Metallic materials— Amendment 1, Second Edition, 2017– 01–01, into §§ 172.102, 173.301b, 178.71. (48) ISO 11114–2:2013(E), Gas cylinders—Compatibility of cylinder and valve materials with gas contents— Part 2: Non-metallic materials, Second edition, 2013–04–01, into §§ 173.301b; 178.71. (49) ISO 11117:1998(E): Gas cylinders—Valve protection caps and valve guards for industrial and medical gas cylinders—Design, construction and tests, First edition, 1998–08–01, into § 173.301b. (50) ISO 11117:2008(E): Gas cylinders—Valve protection caps and valve guards—Design, construction and tests, Second edition, 2008–09–01, into § 173.301b. (51) ISO 11117:2008/Cor.1:2009(E): Gas cylinders—Valve protection caps and valve guards—Design, construction and tests, Technical Corrigendum 1, 2009–05–01, into § 173.301b. (52) ISO 11118(E), Gas cylinders— Non-refillable metallic gas cylinders— Specification and test methods, First edition, October 1999, into § 178.71. (53) ISO 11118:2015(E), Gas cylinders—Non-refillable metallic gas cylinders—Specification and test methods, Second edition, 2015–09–15, into § 178.71. (54) ISO 11119–1(E), Gas cylinders— Gas cylinders of composite construction—Specification and test methods—Part 1: Hoop-wrapped composite gas cylinders, First edition, May 2002, into § 178.71. (55) ISO 11119–1:2012(E), Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing— Part 1: Hoop wrapped fibre reinforced composite gas cylinders and tubes up to 450 L, Second edition, 2012–08–01, into §§ 178.71; 178.75. (56) ISO 11119–2(E), Gas cylinders— Gas cylinders of composite construction—Specification and test methods—Part 2: Fully wrapped fibre E:\FR\FM\10AUP4.SGM 10AUP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules reinforced composite gas cylinders with load-sharing metal liners, First edition, May 2002, into § 178.71. (57) ISO 11119–2:2012(E), Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with load-sharing metal liners, Second edition, 2012–07–15, into §§ 178.71; 178.75. (58) ISO 11119–2:2012/ Amd.1:2014(E), Gas cylinders— Refillable composite gas cylinders and tubes—Design, construction and testing—Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with load-sharing metal liners, Amendment 1, 2014–08– 15, into §§ 178.71; 178.75. (59) ISO 11119–3(E), Gas cylinders of composite construction—Specification and test methods—Part 3: Fully wrapped fibre reinforced composite gas cylinders with non-load-sharing metallic or non-metallic liners, First edition, September 2002, into § 178.71. (60) ISO 11119–3:2013(E), Gas cylinders— Refillable composite gas cylinders and tubes—Design, construction and testing—Part 3: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with non-load-sharing metallic or nonmetallic liners, Second edition, 2013– 04–15, into §§ 178.71; 178.75. (61) ISO 11119–4:2016(E), Gas cylinders—Refillable composite gas cylinders—Design, construction and testing—Part 4: Fully wrapped fibre reinforced composite gas cylinders up to 150 l with load-sharing welded metallic liners, First Edition, 2016–02–01, into § 178.71; 178.75. (62) ISO 11120 (E), Gas cylinders— Refillable seamless steel tubes for compressed gas transport, of water capacity between 150 l and 3000 l— Design, construction and testing, First edition, 1999–03, into §§ 178.71; 178.75. (63) ISO 11120:2015(E), Gas cylinders—Refillable seamless steel tubes of water capacity between 150 l and 3000 l—Design, construction and testing, Second Edition, 2015–02–01, into §§ 178.71; 178.75. (64) ISO 11513:2011(E), Gas cylinders—Refillable welded steel cylinders containing materials for subatmospheric gas packaging (excluding acetylene)—Design, construction, testing, use and periodic inspection, First edition, 2011–09–12, into §§ 173.302c; 178.71; 180.207. (65) ISO 11621(E), Gas cylinders— Procedures for change of gas service, First edition, April 1997, into §§ 173.302, 173.336, 173.337. VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 (66) ISO 11623(E), Transportable gas cylinders—Periodic inspection and testing of composite gas cylinders, First edition, March 2002, into § 180.207. (67) ISO 11623(E), Transportable gas cylinders—Periodic inspection and testing of composite gas cylinders, Second edition, 2015–12–01, into § 180.207. (68) ISO 13340:2001(E), Transportable gas cylinders—Cylinder valves for nonrefillable cylinders—Specification and prototype testing, First edition, 2004– 04–01, into §§ 173.301b; 178.71. (69) ISO 13736:2008(E), Determination of flash point—Abel closed-cup method, Second Edition, 2008–09–15, into § 173.120. (70) ISO 14246:2014(E), Gas cylinders—Cylinder valves— Manufacturing tests and examination, Second Edition, 2014–06–15, into § 178.71. (71) ISO 14246:2014/Amd 1:2017(E), Gas cylinders—Cylinder valves— Manufacturing tests and examinations –Amendment 1, Second Edition, 2017– 06–01, into § 178.71. (72) ISO 16111:2008(E), Transportable gas storage devices—Hydrogen absorbed in reversible metal hydride, First Edition, 2008–11–15, into §§ 173.301b; 173.311; 178.71. (73) ISO 16148:2016(E), Gas cylinders—Refillable seamless steel gas cylinders and tubes—Acoustic emission examination (AT) and follow-up ultrasonic examination (UT) for periodic inspection and testing, Second Edition, 2016–04–15, into § 180.207. (74) ISO 17871:2015(E), Gas cylinders—Quick-release cylinder valves—Specification and type testing, First Edition, 2015–08–15, into § 173.301. (75) ISO 17879: 2017(E), Gas cylinders—Self-closing cylinder valves—Specification and type testing, First Edition, 2017–07–01, into §§ 173.301b and 178.71. (76) ISO 18172–1:2007(E), Gas cylinders—Refillable welded stainless steel cylinders—Part 1: Test pressure 6 MPa and below, First Edition, 2007–03– 01, into § 178.71. (77) ISO 20475:2018(E), Gas cylinders—Cylinder bundles—Periodic inspection and testing, First Edition, 2018–02–01, into § 180.207. (78) ISO 20703:2006(E), Gas cylinders—Refillable welded aluminum-alloy cylinders—Design, construction and testing, First Edition, 2006–05–01, into § 178.71. (79) ISO 21172–1:2015(E), Gas cylinders—Welded steel pressure drums up to 3 000 litres capacity for the transport of gases—Design and construction—Part 1: Capacities up to PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 43881 1000 litres, First edition, 2015–04–01, into § 178.71. (80) ISO 22434:2006(E), Transportable gas cylinders—Inspection and maintenance of cylinder valves, First Edition, 2006–09–01, into § 180.207. (81) ISO/TR 11364:2012(E), Gas cylinders—Compilation of national and international valve system/gas cylinder neck threads and their identification and marking system, First Edition, 2012–12–01, into § 178.71. * * * * * (aa) * * * (3) Test No. 431: In Vitro Skin Corrosion: Reconstructed Human Epidermis (RHE) Test Method, OECD Guidelines for the Testing of Chemicals, 29 July 2016, into § 173.137. * * * * * (dd) * * * (1) UN Recommendations on the Transport of Dangerous Goods, Model Regulations (UN Recommendations), 21st revised edition, Volumes I and II, ST/SG/AC.10.1/21/Rev.21, (2019), into §§ 171.8; 171.12; 172.202; 172.401; 172.407; 172.502; 172.519; 173.22; 173.24; 173.24b; 173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; 178.274. (2) Manual of Tests and Criteria, 7th revised edition, ST/SG/AC.10/11/Rev.7 (2019), into §§ 171.24, 172.102; 173.21; 173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 173.127; 173.128; 173.137; 173.185; 173.220; 173.221; 173.224; 173.225; 173.232; part 173, appendix H; 175.10; 176.905; 178.274. (3) Globally Harmonized System of Classification and Labelling of Chemicals (GHS), 8th revised edition, ST/SG/AC.10/30/Rev.8 (2019), into § 172.401. (4) ECE/TRANS/300 (Vol. I and II), Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), copyright 2020, into § 171.23. * * * * * ■ 3. In § 171.8, the definitions for ‘‘SADT’’ and ‘‘SAPT’’ are revised to read as follows: § 171.8 Definitions and abbreviations. * * * * * SADT means self-accelerated decomposition temperature and is the lowest temperature at which selfaccelerating decomposition may occur in a substance in the packaging, IBC, or portable tank offered for transport. See also § 173.21(f) of this subchapter. * * * * * SAPT means self-accelerated polymerization temperature and is the lowest temperature at which selfaccelerating polymerization may occur with a substance in the packaging, IBC, E:\FR\FM\10AUP4.SGM 10AUP4 43882 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules or portable tank as offered for transport. See also § 173.21(f) of this subchapter. This definition will be effective until January 2, 2023. * * * * * ■ 4. In § 171.12, paragraph (a)(1) is revised to read as follows: § 171.12 North American Shipments. jbell on DSKJLSW7X2PROD with PROPOSALS4 (a) * * * (1) A hazardous material transported from Canada to the United States, from the United States to Canada, or transiting the United States to Canada or a foreign destination may be offered for transportation or transported by motor carrier and rail in accordance with the Transport Canada TDG Regulations (IBR, see § 171.7), an equivalency certificate (permit for equivalent level of safety), or a temporary certificate (permit in support of public interest) issued by Transport Canada as an alternative to the TDG Regulations, as authorized in § 171.22, provided the requirements in §§ 171.22 and 171.23, as applicable, and this section are met. In addition, a cylinder, pressure drum, MEGC, cargo tank motor vehicle, portable tank or rail tank car authorized by the Transport Canada TDG VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 Regulations may be used for transportation to, from, or within the United States provided the cylinder, pressure drum, MEGC, cargo tank motor vehicle, portable tank, or rail tank car conforms to the applicable requirements of this section. Except as otherwise provided in this subpart and subpart C of this part, the requirements in parts 172, 173, and 178 of this subchapter do not apply for a material transported in accordance with the Transport Canada TDG Regulations. * * * * * ■ 5. In § 171.23, paragraph (a)(3) is revised to read as follows: § 171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations. (a) * * * (3) Pi-marked pressure receptacles. Pressure receptacles that are marked with a pi mark in accordance with the European Directive 2010/35/EU (IBR, see § 171.7) on transportable pressure equipment (TPED) and that comply with the requirements of Packing Instruction P200 or P208 and 6.2 of the ADR (IBR, see § 171.7) concerning pressure relief PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 device use, test period, filling ratios, test pressure, maximum working pressure, and material compatibility for the lading contained or gas being filled, are authorized as follows: * * * * * PART 172—HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS 6. The authority citation for part 172 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128, 44701; 49 CFR 1.81, 1.96 and 1.97. 7. In § 172.101, The Hazardous Materials Table is amended by removing the entries under ‘‘[REMOVE],’’ by adding the entries under ‘‘[ADD,]’’ and by revising entries under ‘‘[REVISE]’’ in the appropriate alphabetical sequence. The additions and revisions read as follows: ■ § 172.101 Purpose and use of the hazardous materials table. * E:\FR\FM\10AUP4.SGM * * 10AUP4 * * VerDate Sep<11>2014 (2) (1) 19:16 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\10AUP4.SGM methacrylate, 10AUP4 [REVISE] Fuel system components (including fuel control units (FCU), carburetors, fuel lines, fuel pumps) see Dangerous Goods in Apparatus or Dangerous Goods in Articles or Dangerous Goods in Machinery. Medical waste, category A, affecting humans, solid or Medical waste, category A, affecting animals only, solid. Regulated medical waste, n.o.s. or Clinical waste, unspecified, n.o.s. or (BIO) Medical waste, n.o.s. or Biomedical waste, n.o.s., or Medical Waste n.o.s.. 2-Dimethylaminoethyl stabilized. Detonators, electronic programmable for blasting. Detonators, electronic programmable for blasting. Detonators, electronic programmable for blasting. Dangerous goods in articles or Dangerous goods in machinery or Dangerous goods in apparatus. Battery-powered vehicle or Batterypowered equipment. [ADD] 2-Dimethylaminoethyl methacrylate .... Fuel system components (including fuel control units (FCU), carburetors, fuel lines, fuel pumps) see Dangerous Goods in Apparatus or Dangerous Goods in Machinery. Regulated medical waste, n.o.s. or Clinical waste, unspecified, n.o.s. or (BIO) Medical waste, n.o.s. or Biomedical waste, n.o.s., or Medical Waste n.o.s.. Dangerous Goods in Machinery or Dangerous Goods in Apparatus. Battery-powered vehicle or Batterypowered equipment. [REMOVE] Hazardous materials descriptions and proper shipping names Symbols jbell on DSKJLSW7X2PROD with PROPOSALS4 UN0513 UN2522 1.4S * 6.1 * ...................... UN3291 6.2 * ...................... UN3549 * * II ................... ...................... ...................... * ...................... * ...................... * ...................... * II ................... * II ................... * ...................... * ...................... (5) PG 6.2 * UN0512 UN3363 UN3171 1.4B 9 9 UN3291 UN0511 * * * 6.2 UN2522 * 6.1 UN3171 UN3363 9 9 * * (4) Identification No. * 1.1B (3) Hazard class or division * 6.2 ................ 6.2 ................ * * 6.1 ................ 1.4S ............. 1.4B ............. * 1.1B ............. * ...................... * 9 ................... * 6.2 ................ * 6.1 ................ * ...................... * 9 ................... (6) Label codes * 41, 337, A13 ............... 131, 430 ..................... * * 387, IB2, T7, TP2 ....... 148, 347 ..................... 103 ............................. * 148 ............................. * 136, A105 ................... * 134, 360 ..................... * 41, 337, A13 ............... * IB2, T7, TP2 ............... * 136, A105 ................... * 134 ............................. (7) Special Provisions (§ 172.102) * 134 ............... ...................... * * 153 ............... 63(f), 63(g) ... 63(f), 63(g) ... * 63(f), 63(g) ... * None ............ * 220 ............... * 134 ............... * 153 ............... * None ............ * 220 ............... (8A) Exceptions (8) * 197 ............... ...................... * * 202 ............... 62 ................. 62 ................. * 62 ................. * 222 ............... * 220 ............... * 197 ............... * 202 ............... * 222 ............... * 220 ............... (8B) Non-bulk Packaging (§ 173.***) 197 ............... ...................... 243 ............... None ............ None ............ None ............ None ............ None ............ 197 ............... 243 ............... None ............ None ............ (8C) Bulk * * * * * * * * * * (9) No limit ........ ...................... 5 L ............... 25 kg ............ Forbidden .... Forbidden .... See A105 ..... No limit ........ No limit ........ 5 L ............... See A105 ..... No limit ........ (9A) Passenger aircraft/rail No limit ........ ...................... 60 L ............. 100 kg .......... 75 kg ............ Forbidden .... See A105 ..... No limit ........ No limit ........ 60 L ............. See A105 ..... No limit ........ (9B) Cargo air-craft only Quantity limitations (see §§ 173.27 and 175.75) (10) B .................. ...................... B .................. 01 ................. 05 ................. 05 ................. A .................. A .................. B .................. B .................. A .................. A .................. (10A) Location 40 40 25 25 25 40 40 (10B) Other Vessel stowage Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 43883 VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\10AUP4.SGM 10AUP4 Environmentally hazardous stance, liquid, n.o.s.. Environmentally hazardous stance, solid, n.o.s.. G .............. sub- sub- Dimethyl disulfide ................................ Desensitized explosives, solid, n.o.s. Articles containing a substance liable to spontaneous combustion, n.o.s.. Articles containing a substance which in contact with water emits flammable gases, n.o.s.. Articles containing corrosive substance, n.o.s.. Articles containing flammable gas, n.o.s.. Articles containing flammable liquid, n.o.s.. Articles containing flammable solid, n.o.s.. Articles containing miscellaneous dangerous goods, n.o.s.. Articles containing non-flammable, non-toxic gas, n.o.s.. Articles containing organic peroxide, n.o.s.. Articles containing oxidizing substance, n.o.s.. Articles containing toxic gas, n.o.s. .... Articles containing toxic substance, n.o.s.. Alkali metal alcoholates, self-heating, corrosive, n.o.s.. Alcoholates solution, n.o.s., in alcohol G .............. G .............. G .............. G .............. G .............. G .............. G .............. G .............. G .............. G .............. G .............. G .............. G .............. .................. G .............. G .............. (2) (1) Aerosols, corrosive, Packing Group II or III, (each not exceeding 1 L capacity). Aerosols, flammable, (each not exceeding 1 L capacity). Aerosols, flammable, n.o.s. (engine starting fluid) (each not exceeding 1 L capacity). Aerosols, non-flammable, (each not exceeding 1 L capacity). Aerosols, poison, Packing Group III (each not exceeding 1 L capacity). Hazardous materials descriptions and proper shipping names Symbols jbell on DSKJLSW7X2PROD with PROPOSALS4 (3) UN1950 UN1950 UN1950 UN1950 2.1 2.1 2.2 2.2 * 9 9 3 UN3077 UN3082 UN2381 UN3380 * 4.1 * UN3539 UN3546 UN3544 UN3545 UN3538 UN3548 UN3541 UN3540 UN3537 UN3547 UN3543 2.3 6.1 5.1 5.2 2.2 9 4.1 3 2.1 8 4.3 UN3542 UN3206 * 4.2 * 4.2 UN3274 3 * UN1950 (4) Identification No. * 2.2 Hazard class or division III .................. * III .................. * II ................... * I .................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... * ...................... III .................. * II ................... * II ................... ...................... ...................... ...................... ...................... * ...................... (5) PG 9 ................... * 9 ................... * 3, 6.1 ........... * 4.1 ................ 2.3 ................ 6.1 ................ 5.1 ................ 5.2 ................ 2.2 ................ 9 ................... 4.1 ................ 3 ................... 2.1 ................ 8 ................... 4.3 ................ * 4.2 ................ 4.2, 8 ........... * 4.2, 8 ........... * 3, 8 .............. 2.2, 6.1 ........ 2.2 ................ 2.1 ................ 2.1 ................ * 2.2, 8 ........... (6) Label codes * 8, 146, 173, 335, 441, IB3,. T4, TP1, TP29 ............ 8, 146, 335, 384, 441, A112,. B54, B120, IB8, IP3, .. N20, N91, T1, TP33 ... * IB2, T7, TP2, TP13 .... * 164, 197, .................... 131, 391 ..................... 391 ............................. 131, 391 ..................... 131, 391 ..................... 391 ............................. 391 ............................. 391 ............................. 391 ............................. 391 ............................. 391 ............................. 131, 391 ..................... * 131, 391 ..................... 64, A7, IB8, IP3, T1, TP33, W31. * 64, A7, IB5, IP2, T3, TP33, W31. * IB2 .............................. ..................................... ..................................... N82 ............................. N82 ............................. * A34 ............................. (7) Special Provisions (§ 172.102) 155 ............... * 155 ............... * 150 ............... * None ............ None ............ None ............ None ............ None ............ None ............ None ............ None ............ None ............ None ............ None ............ None ............ * None ............ None ............ * None ............ * 150 ............... 306 ............... 306 ............... 306 ............... 306 ............... * 306 ............... (8A) Exceptions (8) 213 ............... * 203 ............... * 202 ............... * 211 ............... 214 ............... 232 ............... 214 ............... 214 ............... 232 ............... 232 ............... 232 ............... 232 ............... 232 ............... 232 ............... 214 ............... * 214 ............... 213 ............... * 212 ............... * 202 ............... None ............ None ............ 304 ............... None ............ * None ............ (8B) Non-bulk Packaging (§ 173.***) 240 ............... 241 ............... 242 ............... None ............ 214 ............... 232 ............... 214 ............... 214 ............... 232 ............... 232 ............... 232 ............... 232 ............... 232 ............... 232 ............... 214 ............... 214 ............... 242 ............... 242 ............... 243 ............... None ............ None ............ None ............ None ............ None ............ (8C) Bulk * * * * * * * (9) No limit ........ No limit ........ Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... 25 kg ............ 15 kg ............ 1 L ............... Forbidden .... 75 kg ............ Forbidden .... 75 kg ............ 75 kg ............ (9A) Passenger aircraft/rail No limit ........ No limit ........ Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... Forbidden .... 10 kg ............ 50 kg ............ 5 L ............... Forbidden .... 150 kg .......... 150 kg .......... 150 kg .......... 150 kg .......... (9B) Cargo air-craft only Quantity limitations (see §§ 173.27 and 175.75) (10) A .................. A .................. B .................. D .................. ...................... B .................. ...................... ...................... A .................. A .................. B .................. B .................. D .................. B .................. ...................... ...................... B .................. B .................. B .................. A .................. A .................. A .................. A .................. A .................. (10A) Location 40 28, 36 52 52 52 25, 87, 126, 157 25, 87, 126, 157 25, 87, 126, 157 25, 87, 126, 157 25, 87, 126, 157 (10B) Other Vessel stowage 43884 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules VerDate Sep<11>2014 G .............. G .............. Fish meal, stabilized or Fish scrap, stabilized. A, W ......... 19:16 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\10AUP4.SGM 10AUP4 Receptacles, small, containing gas or gas cartridges (flammable) without release device, not refillable and not exceeding 1 L capacity. Receptacles, small, containing gas or gas cartridges (non-flammable) without release device, not refillable and not exceeding 1 L capacity. Receptacles, small, containing gas or gas cartridges (oxidizing), without release device, not refillable and not exceeding 1 L capacity. Nitrocellulose, unmodified or plasticized with less than 18 percent plasticizing substance, by mass. Nitrocellulose, wetted with not less than 25 percent alcohol, by mass. Nitrocellulose with alcohol with not less than 25 percent alcohol by mass, and with not more than 12.6 percent nitrogen, by dry mass. Nitrocellulose with water with not less than 25 percent water, by mass. Nitrocellulose, plasticized with not less than 18 percent plasticizing substance, by mass. Nitrocellulose, dry or wetted with less than 25 percent water (or alcohol), by mass. Nitrocellulose, with not more than 12.6 percent nitrogen, by dry mass mixture with or without plasticizer, with or without pigment. Lithium ion batteries including lithium ion polymer batteries. Lithium ion batteries contained in equipment including lithium ion polymer batteries. Lithium ion batteries packed with equipment including lithium ion polymer batteries. Lithium metal batteries including lithium alloy batteries. Lithium metal batteries contained in equipment including lithium alloy batteries. Lithium metal batteries packed with equipment including lithium alloy batteries. Infectious substances, affecting animals only. Infectious substances, affecting humans. Gas cartridges, (flammable) without a release device, non-refillable. Fibers, vegetable, dry ......................... A, I, W ...... jbell on DSKJLSW7X2PROD with PROPOSALS4 UN2900 * 6.2 UN3091 9 UN2555 UN2037 UN2037 UN2037 4.1 * 2.1 2.2 2.2 UN0342 1.3C UN2556 UN0341 * 1.1D 4.1 UN0343 UN2557 * 1.3C 4.1 UN0340 UN3091 UN3090 9 9 UN3481 UN3481 9 9 UN3480 9 * 1.1D * UN2814 UN2037 * 2.1 6.2 UN2216 UN3360 9 * * 4.1 ...................... ...................... * ...................... II ................... II ................... ...................... * ...................... * ...................... II ................... * ...................... ...................... ...................... ...................... ...................... ...................... * ...................... ...................... * ...................... * ...................... * III .................. * III .................. 2.2, 5.1 ........ 2.2 ................ * 2.1 ................ 4.1 ................ 4.1 ................ 1.3C ............. * 1.1D ............. * 1.3C ............. 4.1 ................ * 1.1D ............. 9 ................... 9 ................... 9 ................... 9 ................... 9 ................... * 9 ................... 6.2 ................ * 6.2 ................ * 2.1 ................ * ...................... * 4.1 ................ , A14 ........................... ..................................... * ..................................... 197, W31 .................... 197, W31 .................... 196 ............................. * 196 ............................. * 196 ............................. 44, 197, W31 .............. * 196 ............................. 181, 360, 388, 422, A54. 181, 360, 388, 422, A54, A101. 388, 422, A54 ............. 181, 360, 388, 422, A54. 181, 360, 388, 422, A54. * 388, 422, A54, A100 .. A82 ............................. * A82 ............................. * ..................................... * 155, IB8, IP3, T1, TP33. * 137 ............................. 306 ............... 306 ............... * 306 ............... 151 ............... 151 ............... None ............ * None ............ * None ............ 151 ............... * None ............ 185 ............... 185 ............... 185 ............... 185 ............... 185 ............... * 185 ............... 134 ............... * 134 ............... * 306 ............... * 155 ............... * 151 ............... 304 ............... 304 ............... * 304 ............... 212 ............... 212 ............... 62 ................. * 62 ................. * 62 ................. 212 ............... * 62 ................. 185 ............... 185 ............... 185 ............... 185 ............... 185 ............... * 185 ............... 196 ............... * 196 ............... * 304 ............... * 218 ............... * 213 ............... None ............ None ............ None ............ None ............ None ............ None ............ None ............ None ............ None ............ None ............ 185 ............... 185 ............... 185 ............... 185 ............... 185 ............... 185 ............... None ............ None ............ None ............ 218 ............... 240 ............... * * * * * * * * * 1 kg .............. 1 kg .............. 1 kg .............. 15 kg ............ 1 kg .............. Forbidden .... Forbidden .... Forbidden .... 1 kg .............. Forbidden .... 5 kg .............. 5 kg .............. Forbidden .... 5 kg .............. 5 kg .............. Forbidden .... 50 mL or 50 g. 50 mL or 50 g. 1 kg .............. 100 kg .......... Forbidden .... 15 kg ............ 15 kg ............ 15 kg ............ 50 kg ............ 15 kg ............ Forbidden .... Forbidden .... Forbidden .... 15 kg ............ Forbidden .... 35 kg ............ 35 kg ............ 35 kg ............ 35 kg ............ 35 kg ............ 35 kg ............ 4 L or 4 kg ... 4 L or 4 kg ... 15 kg ............ 200 kg .......... Forbidden .... B .................. B .................. B .................. E .................. D .................. 04 ................. 04 ................. 04 ................. D .................. 04 ................. A .................. A .................. A .................. A .................. A .................. A .................. E .................. E .................. B .................. B .................. A .................. 40, 157 40, 157 40, 157 28, 36 12, 25, 28, 36 25 25, 27E 25 28, 36 25, 27E 156 156 156 156 156 156 13, 40, 95, 155 13, 40, 95, 155 40, 157 25, 88, 122, 128 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules 43885 Jkt 253001 PO 00000 Water-reactive liquid, n.o.s. ................ G .............. Sfmt 4702 self-heating, Fmt 4701 solid, Water-reactive liquid, n.o.s. ................ Water-reactive liquid, n.o.s. ................ self-heating, G .............. G .............. solid, G .............. Frm 00044 G .............. Water-reactive n.o.s.. Water-reactive n.o.s.. Water-reactive n.o.s.. G .............. self-heating, Water-reactive solid, flammable, n.o.s. G .............. solid, Water-reactive solid, flammable, n.o.s. Water-reactive solid, flammable, n.o.s. G .............. G .............. * 4.3 * 4.3 4.3 4.3 UN3148 UN3148 UN3148 UN3135 UN3135 UN3135 * 4.3 4.3 UN3132 UN3132 UN3132 UN3129 UN3129 UN3129 UN1289 UN1289 UN1431 (4) Identification No. 4.3 * 4.3 4.3 * 4.3 4.3 4.3 Water-reactive liquid, corrosive, n.o.s. Water-reactive liquid, corrosive, n.o.s. Water-reactive liquid, corrosive, n.o.s. 19:16 Aug 09, 2021 G .............. G .............. G .............. 3 3 (3) Sodium methylate solutions in alcohol Sodium methylate solutions in alcohol (2) (1) Hazard class or division * 4.2 VerDate Sep<11>2014 Sodium methylate ............................... Hazardous materials descriptions and proper shipping names Symbols jbell on DSKJLSW7X2PROD with PROPOSALS4 * III .................. * I .................... II ................... III .................. II ................... * I .................... III .................. * I .................... II ................... * I .................... II ................... III .................. II ................... III .................. * II ................... (5) PG * 4.3 ................ * 4.3 ................ 4.3 ................ 4.3, 4.2 ........ 4.3, 4.2 ........ * 4.3, 4.2 ........ 4.3, 4.1 ........ * 4.3, 4.1 ........ 4.3, 4.1 ........ * 4.3, 8 ........... 4.3, 8 ........... 4.3, 8 ........... 3, 8 .............. 3, 8 .............. * 4.2 ................ (6) Label codes * * T13, TP2, TP7, W31 .. IB1, T7, TP2, TP7, W31. IB2, T7, TP2, TP7, W31. IB5, IP2, T3, TP33, W31, W40. IB8, IP4, T1, TP33, W31. * N40, W31 ................... * IB4, N40, W31 ............ IB4, T3, TP33, W31, W40. IB6, T1, TP33, W31 ... * T14, TP2, TP7, TP13 IB1, T11, TP2, TP7 .... IB2, T7, TP2, TP7 ...... * A7, A19, IB5, IP2, T3, TP33, W31. IB2, T7, TP1, TP8 ...... B1, IB3, T4, TP1 ........ (7) Special Provisions (§ 172.102) * None ............ * None ............ None ............ None ............ None ............ * None ............ 151 ............... * None ............ 151 ............... * None ............ None ............ None ............ 150 ............... 150 ............... * None ............ (8A) Exceptions (8) * 203 ............... * 201 ............... 202 ............... 213 ............... 212 ............... * 211 ............... 213 ............... * 211 ............... 212 ............... * 201 ............... 202 ............... 203 ............... 202 ............... 203 ............... * 212 ............... (8B) Non-bulk Packaging (§ 173.***) 242 ............... 244 ............... 243 ............... 241 ............... 242 ............... 242 ............... 241 ............... 242 ............... 242 ............... 243 ............... 243 ............... 242 ............... 243 ............... 242 ............... 242 ............... (8C) Bulk * * * * * * (9) 5 L ............... Forbidden .... 1 L ............... 25 kg ............ 15 kg ............ Forbidden .... 25 kg ............ Forbidden .... 15 kg ............ Forbidden .... 1 L ............... 5 L ............... 1 L ............... 5 L ............... 15 kg ............ (9A) Passenger aircraft/rail 60 L ............. 1 L ............... 5 L ............... 100 kg .......... 50 kg ............ 15 kg ............ 100 kg .......... 15 kg ............ 50 kg ............ 1 L ............... 5 L ............... 60 L ............. 5 L ............... 60 L ............. 50 kg ............ (9B) Cargo air-craft only Quantity limitations (see §§ 173.27 and 175.75) (10) E .................. E .................. E .................. E .................. E .................. D .................. E .................. D .................. E .................. D .................. E .................. E .................. B .................. A .................. B .................. (10A) Location 13, 40, 148 13, 40, 148 13, 40, 148 13, 85, 148 13, 85, 148 13, 148 13, 85, 148 13, 148 13, 85, 148 13,148 13, 85, 148 13, 85, 148 52 52 52 (10B) Other Vessel stowage 43886 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules * * * * * 8. In § 172.102: a. In paragraph (c)(1): i. Revise special provisions 47, 134, 135, 136, 147, 360, 370, 379(d)(1); and ■ ii. Add special provisions 196, 197, 430, and 441 in numerical order. ■ b. In paragraph (c)(8), remove TP codes TP39 and TP41. The additions and revisions read as follows: ■ ■ ■ § 172.102 Special Provisions. jbell on DSKJLSW7X2PROD with PROPOSALS4 * * * * * (c) * * * (1) * * * 47 Mixtures of solids that are not subject to this subchapter and flammable liquids may be transported under this entry without first applying the classification criteria of Division 4.1, provided there is no free liquid visible at the time the material is loaded or at the time the packaging or transport unit is closed. Except when the liquids are fully absorbed in solid material contained in sealed bags, for single packagings, each packaging must correspond to a design type that has passed a leakproofness test at the Packing Group II level. Sealed packets and articles containing less than 10 mL of a Class 3 liquid in Packing Group II or III absorbed onto a solid material are not subject to this subchapter provided there is no free liquid in the packet or article. * * * * * 134 This entry applies only to vehicles powered by wet batteries, sodium batteries, lithium metal batteries or lithium ion batteries, and equipment powered by wet batteries or sodium batteries that are transported with these batteries installed. Lithium batteries installed in a cargo transport unit, designed only to provide power external to the transport unit must use the proper shipping name ‘‘Lithium batteries installed in cargo transport unit’’ found in the § 172.101 Hazardous Materials Table. a. For the purpose of this special provision, vehicles are self-propelled apparatus designed to carry one or more persons or goods. Examples of such vehicles are electrically-powered cars, motorcycles, scooters, three- and fourwheeled vehicles or motorcycles, trucks, locomotives, bicycles (pedal cycles with an electric motor) and other vehicles of this type (e.g., self-balancing vehicles or vehicles not equipped with at least one seating position), lawn tractors, selfpropelled farming and construction equipment, boats, aircraft, wheelchairs and other mobility aids. This includes vehicles transported in a packaging. In this case, some parts of the vehicle may VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 be detached from its frame to fit into the packaging. b. Examples of equipment are lawnmowers, cleaning machines, or model boats and model aircraft. Equipment powered by lithium metal batteries or lithium ion batteries must be described using the entries ‘‘Lithium metal batteries contained in equipment’’ or ‘‘Lithium metal batteries packed with equipment’’ or ‘‘Lithium ion batteries contained in equipment’’ or ‘‘Lithium ion batteries packed with equipment,’’ as appropriate. c. Self-propelled vehicles or equipment that also contain an internal combustion engine must be described using the entries ‘‘Engine, internal combustion, flammable gas powered’’ or ‘‘Engine, internal combustion, flammable liquid powered’’ or ‘‘Vehicle, flammable gas powered’’ or ‘‘Vehicle, flammable liquid powered,’’ as appropriate. These entries include hybrid electric vehicles powered by both an internal combustion engine and batteries. Additionally, self-propelled vehicles or equipment that contain a fuel cell engine must be described using the entries ‘‘Engine, fuel cell, flammable gas powered’’ or ‘‘Engine, fuel cell, flammable liquid powered’’ or ‘‘Vehicle, fuel cell, flammable gas powered’’ or ‘‘Vehicle, fuel cell, flammable liquid powered,’’ as appropriate. These entries include hybrid electric vehicles powered by a fuel cell engine, an internal combustion engine, and batteries. 135 Internal combustion engines installed in a vehicle must be described using ‘‘Vehicle, flammable gas powered’’ or ‘‘Vehicle, flammable liquid powered,’’ as appropriate. If a vehicle is powered by a flammable liquid and a flammable gas internal combustion engine, it must be described using ‘‘Vehicle, flammable gas powered.’’ This includes hybrid electric vehicles powered by both an internal combustion engine and wet, sodium or lithium batteries installed. If a fuel cell engine is installed in a vehicle, the vehicle must be described using ‘‘Vehicle, fuel cell, flammable gas powered’’ or ‘‘Vehicle, fuel cell, flammable liquid powered,’’ as appropriate. This includes hybrid electric vehicles powered by a fuel cell, an internal combustion engine, and wet, sodium or lithium batteries installed. For the purpose of this special provision, vehicles are self-propelled apparatus designed to carry one or more persons or goods. Examples of such vehicles are cars, motorcycles, trucks, locomotives, scooters, three- and fourwheeled vehicles or motorcycles, lawn tractors, self-propelled farming and construction equipment, boats, and PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 43887 aircraft. Furthermore, lithium batteries installed in a cargo transport unit, designed only to provide power external to the transport unit must be described using the proper shipping name ‘‘Lithium batteries installed in cargo transport unit’’ found in the § 172.101 Hazardous Materials Table. 136 This entry applies only to articles, machinery and apparatus containing hazardous materials as an integral element of the article, machinery, or apparatus. It may not be used to describe articles, machinery, or apparatus for which a proper shipping name exists in the § 172.101 Table. Except when approved by the Associate Administrator, these items may only contain hazardous materials for which exceptions are referenced in Column (8) of the § 172.101 Table and are provided in part 173, subparts D and G, of this subchapter. Hazardous materials shipped under this entry are excepted from the labeling requirements of this subchapter unless offered for transportation or transported by aircraft and are not subject to the placarding requirements of subpart F of this part. Orientation markings as described in § 172.312(a)(2) are required when liquid hazardous materials may escape due to incorrect orientation. The article, machinery, or apparatus, if unpackaged, or the packaging in which it is contained shall be marked ‘‘Dangerous goods in articles’’ or ‘‘Dangerous goods in machinery’’ or ‘‘Dangerous goods in apparatus’’ as appropriate, with the identification number UN3363. For transportation by aircraft, articles, machinery, or apparatus, may not contain any material forbidden for transportation by passenger or cargo aircraft. The Associate Administrator may except from the requirements of this subchapter articles, machinery, and apparatus provided: a. It is shown that it does not pose a significant risk in transportation; b. The quantities of hazardous materials do not exceed those specified in § 173.4a of this subchapter; and c. The equipment, and machinery or apparatus articles conforms with § 173.222 of this subchapter. * * * * * 147 This entry applies to nonsensitized emulsions, suspensions, and gels consisting primarily of a mixture of ammonium nitrate and fuel, intended to produce a Type E blasting explosive only after further processing prior to use. The mixture for emulsions typically has the following composition: 60–85% ammonium nitrate; 5–30% water; 2–8% fuel; 0.5–4% emulsifier or thickening agent; 0–10% soluble flame E:\FR\FM\10AUP4.SGM 10AUP4 jbell on DSKJLSW7X2PROD with PROPOSALS4 43888 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules suppressants; and trace additives. Other inorganic nitrate salts may replace part of the ammonium nitrate. The mixture for suspensions and gels typically has the following composition: 60–85% ammonium nitrate; 0–5% sodium or potassium perchlorate; 0–17% hexamine nitrate or monomethylamine nitrate; 5–30% water; 2– 15% fuel; 0.5– 4% thickening agent; 0–10% soluble flame suppressants; and trace additives. Other inorganic nitrate salts may replace part of the ammonium nitrate. These substances must satisfy the criteria for classification as an ammonium nitrate emulsion of Test Series 8 of the UN Manual of Tests and Criteria, Part I, Section 18 (IBR, see § 171.7 of this subchapter), and may not be classified and transported unless approved by the Associate Administrator. * * * * * 196 The nitrocellulose must meet the criteria of the Bergmann-Junk test or methyl violet paper test in the UN Manual of Tests and Criteria, Appendix 10 (IBR, see § 171.7 of this subchapter). Test of type 3(c) is not required. 197 The nitrocellulose must meet the criteria of the Bergmann-Junk test or methyl violet paper test in the UN Manual of Tests and Criteria, Appendix 10 (IBR, see § 171.7 of this subchapter). * * * * * 360 Vehicles powered only by lithium batteries must be described using ‘‘UN3171, Battery-powered vehicle.’’ Lithium batteries installed in a cargo transport unit, designed only to provide power external to the transport unit must be described using ‘‘UN3536, Lithium batteries installed in a cargo transport unit.’’ * * * * * 370 This entry also applies to ammonium nitrate with not more than 0.2% combustible substances, including any organic substance calculated as carbon. To the exclusion of any added substance, that gives a positive result when tested in accordance with Test Series 2 of the UN Manual of Tests and Criteria, Part I (IBR; see § 171.7 of this subchapter). See also UN1942 in the § 172.101 Hazardous Materials Table. This entry may not be used for ammonium nitrate for which a proper shipping name already exists in the § 172.101 Hazardous Materials Table, including ammonium nitrate mixed with fuel oil or any other commercial grade of ammonium nitrate (e.g., ammonium nitrate fertilizer). * * * * * 379 * * * d. * * * (1) Receptacles shall be made of a material compatible with ammonia as VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 specified in ISO 11114–1:2012(E) and ISO 11114–1:2012/Amd 1:2017(E) (IBR, see § 171.7 of this subchapter); * * * * * 430 This entry shall only be used for solid medical waste of Category A transported for disposal. * * * * * 441 For marine pollutants transported under ‘‘UN3077, Environmentally hazardous substance, solid, n.o.s.’’ or ‘‘UN3082, Environmentally hazardous substance, solid, n.o.s.’’ and for purposes of shipping paper and package marking requirements, the technical name used in association with the basic description may be a proper shipping name listed in the § 172.101 Hazardous Material Table; provided that the name chosen is not also an entry that includes ‘‘n.o.s.’’ as a part of the name or one that has a ‘‘G’’ in column (1) of the table. * * * * * ■ 9. In § 172.203, revise the first sentence of paragraph (i)(2), revise paragraph (l)(1), and add paragraphs (i)(4) and (q) to read as follows: § 172.203 Additional description requirements. * * * * * (i) * * * (2) A minimum flashpoint, if 60 °C (140 °F) or below (in °C closed cup (c.c.)), in association with the basic description, for Class 3 flammable liquid materials (as a primary or subsidiary hazard). * * * * * * * * (4) For lithium cells or batteries transported in accordance with § 173.185(f), ‘‘DAMAGED/DEFECTIVE’’; and for lithium cells or batteries transported for purposes of disposal or recycling, ‘‘LITHIUM BATTERIES FOR DISPOSAL’’ or ‘‘LITHIUM BATTERIES FOR RECYCLING’’, as appropriate. * * * * * (l) * * * (1) For a proper shipping name used to describe a hazardous material that is a marine pollutant, either assigned the letter ‘‘G’’ in column (1) of the § 172.101 hazardous materials table or that contains the text ‘‘n.o.s.’’, the name of the component that makes the material a marine pollutant must appear in parentheses in association with the basic description. Where two or more components that make the material a marine pollutant are present, the names of at least two of the components most predominantly contributing to the marine pollutant designation must appear in parentheses in association with the basic description. For material described using ‘‘UN3077, PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 Environmentally hazardous substance, solid, n.o.s.’’ and ‘‘UN3082, Environmentally hazardous substance, liquid, n.o.s.,’’ see § 172.102(c)(1), special provision 441 for additional provisions. * * * * * (q) Holding time. The date at which the actual holding time ends, as calculated in accordance with § 178.338–9, must be provided on the shipping paper in association with the basic description for refrigerated liquefied gases transported in a portable tank. ■ 10. In § 172.301, revise paragraph (a)(1) to read as follows: § 172.301 General marking requirements for non-bulk packagings. (a) * * * (1) Except as otherwise provided by this subchapter, each person who offers a hazardous material for transportation in a non-bulk packaging must mark the package with the proper shipping name and identification number (preceded by ‘‘UN’’, ‘‘NA’’ or ‘‘ID,’’ as appropriate), as shown in the § 172.101 Hazardous Materials Table. The identification number marking preceded by ‘‘UN’’, ‘‘NA’’, or ‘‘ID’’ as appropriate must be marked in characters at least 12 mm (0.47 inches) high. Packages with a maximum capacity of 30 liters (8 gallons) or less, 30 kg (66 pounds) maximum net mass, or cylinders with a water capacity of 60 liters (16 gallons) or less must be marked with characters at least 6 mm (0.24 inches) high. Packages with a maximum capacity of 5 liters (1.32 gallons) or less or 5 kg maximum net mass (11 pounds) or less must be marked in a size appropriate for the size of the package. * * * * * ■ 11. In § 172.315, add paragraph (b)(3) to read as follows: § 172.315 Limited Quantities. * * * * * (b) * * * (3) For transportation by aircraft, the entire mark must appear on one side of the package. * * * * * ■ 12. In § 172.322, revise paragraph (a)(1) to read as follows: § 172.322 Marine Pollutants. (a) * * * (1) For a proper shipping name used to describe a hazardous material that is a marine pollutant and assigned the letter ‘‘G’’ in column (1) of the § 172.101 hazardous materials table or that contains the text ‘‘n.o.s.,’’ the name of the component which makes the material a marine pollutant must be E:\FR\FM\10AUP4.SGM 10AUP4 43889 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules marked on the package in parentheses in association with the marked proper shipping name unless the proper shipping name identifies by name the component, which makes the material a marine pollutant. Where two or more components that make a material a marine pollutant are present, the names of at least two of the components most predominantly contributing to the marine pollutant designation must appear in parentheses in association with the marked proper shipping name. For materials described using ‘‘UN3077, Environmentally hazardous substance, solid, n.o.s.’’ and ‘‘UN3082, Environmentally hazardous substance, liquid, n.o.s.,’’ see § 172.102(c)(1), special provision 441 for additional provisions; and * * * * * ■ 13. In § 172.406, revise paragraph (a) to read as follows: § 172.406 Placement of labels. (a) General. (1) Except as provided in paragraphs (b) and (e) of this section, each label required by this subpart must— (i) Be printed on or affixed to a surface (other than the bottom) of the package or containment device containing the hazardous material; (ii) Be located on the same surface of the package and near the proper shipping name marking, if the package dimensions are adequate; and (iii) For transportation by aircraft, the entire label(s) must appear on one side of the package. For cylindrical packages, the label must be of such dimensions that it will not overlap itself. In the case of cylindrical packages containing radioactive materials, which require two identical labels, these labels must be centered on opposite points of the circumference and must not overlap each other. If the dimensions of the package are such that two identical labels cannot be affixed without overlapping each other, one label is acceptable provided it does not overlap itself. * * * * * ■ 14. In § 172.447, remove and reserve paragraph (c). § 172.447 * LITHIUM BATTERY label. * * * (c) Reserved. * PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 15. The authority citation for part 173 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128, 44701; 49 CFR 1.81, 1.96 and 1.97. 16. In § 173.4a, redesignate paragraph (g)(3) as (4), and add new paragraph (g)(3) to read as follows: ■ § 173.4a Excepted quantities. * * * * * (g) * * * (3) For transportation by aircraft, the entire mark must appear on one side of the package. * * * * * ■ 17. Add new § 173.14 to read as follows: § 173.14 Hazardous materials in equipment in use or intended for use during transport. (a) Except for transportation by aircraft, hazardous materials (e.g., lithium batteries, fuel cell cartridges) contained in equipment, such as data loggers and cargo tracking devices, attached to or placed in packages, overpacks, or containers are not subject to this subchapter other than the following: (1) The equipment must be in use or intended for use during transportation; (2) The hazardous materials (e.g., lithium batteries, fuel cell cartridges, etc.) must meet the applicable construction and test requirements specified in this subchapter; (3) The equipment must be capable of withstanding the shocks and loadings normally encountered during transport and must be safe for use in the environments to which it may be exposed; and (4) When offered for transport by vessel, the requirements in § 176.76(a)(9) of this subchapter apply. (b) For transportation by aircraft, lithium batteries contained in equipment such as data loggers and cargo tracking devices, attached to or placed in packages containing COVID– 19 pharmaceuticals are not subject to the marking and documentation requirements of § 173.185(c)(3) and (c)(4)(iv). This same package, when shipped without the COVID–19 pharmaceuticals for the purpose of use or reuse, is also not subject to the marking and documentation requirements of § 173.185(c)(3) and (c)(4)(iv), as applicable, provided prior arrangements have been made with the operator. (c) [Reserved.] ■ 18. In § 173.27, revise paragraphs (c)(2), (f) introductory text, (f)(1), and (f)(3) Tables 1 and 2 to read as follows: § 173.27 General requirements for transportation by aircraft. * * * * * (c) * * * (2) Except for packagings used for material transported as ‘‘UN3082, Environmentally hazardous substance, liquid, n.o.s.,’’ packagings for which retention of liquid is a basic function must be capable of withstanding without leakage the greater of— * * * * * (f) Combination packagings. Unless otherwise specified in this part, or in Subpart C of part 171 of this subchapter, when combination packagings are intended for transportation aboard an aircraft, inner packagings must conform to the quantity limitations set forth in Table 1 of this paragraph for transport aboard passenger-carrying aircraft and Table 2 of this paragraph for transport aboard cargo-only aircraft. For materials that are authorized to exceed 220 L (58 gallons) or 200 kg (441 pounds) in accordance with columns (9A) and (9B) of the § 172.101 Hazardous Materials Table, there is no limitation on the maximum authorized net capacity of each inner packaging. (1) Excepted quantities. For authorized materials and inner and outer package quantity limits for combination packages of excepted quantities intended for transportation by aircraft, see § 173.4a of this part. * * * * * (3) * * * jbell on DSKJLSW7X2PROD with PROPOSALS4 TABLE 1—MAXIMUM NET CAPACITY OF INNER PACKAGING FOR TRANSPORTATION ON PASSENGER-CARRYING AIRCRAFT Maximum authorized net capacity of each inner packaging Maximum net quantity per package from Column 9A of the § 172.101 table Glass, earthenware or fiber inner packagings Liquids: Not greater than 0.5 L ............................................................................................................. Greater than 0.5 L, not greater than 1 L ................................................................................ VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 0.5 L ......................................... 0.5 L ......................................... E:\FR\FM\10AUP4.SGM 10AUP4 Metal or plastic inner packagings 0.5 L. 1 L. 43890 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules TABLE 1—MAXIMUM NET CAPACITY OF INNER PACKAGING FOR TRANSPORTATION ON PASSENGER-CARRYING AIRCRAFT— Continued Maximum authorized net capacity of each inner packaging Maximum net quantity per package from Column 9A of the § 172.101 table Glass, earthenware or fiber inner packagings Metal or plastic inner packagings Greater than 1 L, not greater than 5 L ................................................................................... Greater than 5 L, not greater than 60 L ................................................................................. Greater than 60 L, not greater than 220 L ............................................................................. Class 9: UN1941, UN1990, UN2315, UN3082, UN3151, UN3334 ............................................... 1 L ............................................ 2.5 L ......................................... 5 L ............................................ 10 ............................................. 5 L. 10 L. 25 L. Plastic: 30. Metal: 40. Solids: Not greater than 5 kg .............................................................................................................. Greater than 5 kg. not greater than 25 kg .............................................................................. Greater than 25 kg, not greater than 200 kg .......................................................................... Class 9. UN1841, UN1931, UN2071, UN2216, UN2590, UN2969, UN3077, UN3152, UN3335, UN3432. 0.5 kg ....................................... 1 kg .......................................... 5 kg .......................................... Glass or earthenware: 10 kg ... Fiber: 50 kg .............................. 1 kg. 2.5 kg. 10 kg. 50 kg. TABLE 2—MAXIMUM NET CAPACITY OF INNER PACKAGING FOR TRANSPORTATION ON CARGO AIRCRAFT Maximum authorized net capacity of each inner packaging Maximum net quantity per package from Column 9a of the § 172.101 table Glass, earthenware or fiber inner packagings Metal or plastic inner packagings Liquids: Not greater than 2.5L .............................................................................................................. Greater than 2.5L, not greater than 30L ................................................................................. Greater than 30L, not greater than 60L .................................................................................. Greater than 60L, not greater than 220L ................................................................................ Class 9: UN1941, UN1990, UN2315, UN3082, UN3151, UN3334 ............................................... 1 L ............................................ 2.5 L ......................................... 5 L ............................................ 5 L ............................................ 10 L .......................................... 1 L. 2.5 L. 10 L. 25 L. Plastic: 30 L. Metal: 40 L. Solids: Not greater than 15 kg ............................................................................................................ Greater than 15 kg. not greater than 50 kg ............................................................................ Greater than 50 kg, not greater than 200 kg .......................................................................... Class 9: UN1841, UN1931, UN2071, UN2216, UN2590, UN2969, UN3077, UN3152, UN3335, UN3432. 1 kg .......................................... 2.5 kg ....................................... 5 kg .......................................... Glass or earthenware: 10 kg ... Fiber: 50 kg .............................. 1 kg. 5 kg. 10 kg. 50 kg. * * * * * ■ 19. In § 173.59, revise the description for ‘‘Detonators’’, and add a new description for ‘‘Detonators, electronic programmable for blasting’’ in alphabetical order to read as follows: § 173.59 Description of terms for explosives. jbell on DSKJLSW7X2PROD with PROPOSALS4 * * * * * Detonators. Articles consisting of a small metal or plastic tube containing explosives such as lead azide, PETN, or combinations of explosives. They are designed to start a detonation train. They may be constructed to detonate instantaneously, or may contain a delay element. They may contain no more than 10 g of total explosives weight, excluding ignition and delay charges, per unit. The term includes: Detonators for ammunition; detonators for blasting (electric, electronic, and non-electric); and detonating relays without flexible detonating cord. VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 Detonators, electronic programmable for blasting. Detonators using electronic components, such as an integrated circuit and/or micro processing technology to provide communications, energy control and storage capability, timing delay information, and validated commands to send a firing signal to the initiating charge. * * * * * ■ 20. In § 173.115, revise paragraph (k) to read as follows: § 173.115 Class 2, Divisions 2.1, 2.2, and 2.3—Definitions. * * * * * (k) For Division 2.2 gases, the oxidizing ability shall be determined by tests or by calculation in accordance with ISO 10156:2017(E) (IBR, see § 171.7 of this subchapter). * * * * * ■ 21. In § 173.134, revise paragraphs (a)(1) and (5) to read as follows: PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 § 173.134 Class 6, Division 6.2— Definitions and exceptions. * * * * * (a) * * * (1) Division 6.2 (Infectious substance) means a material known or reasonably expected to contain a pathogen. A pathogen is a microorganism (including bacteria, viruses, parasites, and fungi) or other agent, such as a proteinaceous infectious particle (prion) that can cause disease in humans or animals. An infectious substance must be assigned the identification number UN2814, UN2900, UN3291, UN3373, or UN3549 as appropriate, and must be assigned to one of the following categories: (i) Category A: An infectious substance in a form capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs. An exposure occurs when an infectious substance is released outside of its protective packaging, resulting in physical contact with humans or E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules animals. A Category A infectious substance must be assigned to identification number UN2814, UN2900, or UN3549, as appropriate. Assignment to UN2814, UN2900, or UN3549 must be based on the known medical history or symptoms of the source patient or animal, endemic local conditions, or professional judgment concerning the individual circumstances of the source human or animal. (ii) Category B: An infectious substance that is not in a form generally capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs. This includes Category B infectious substances transported for diagnostic or investigational purposes. A Category B infectious substance must be described as ‘‘Biological substance, Category B’’ and assigned identification number UN3373. This does not include regulated medical waste, which must be assigned identification number UN3291. * * * * * (5) Regulated medical waste or clinical waste or (bio) medical waste means a waste or reusable material derived from the medical treatment of an animal or human, which includes diagnosis and immunization, or from biomedical research, which includes the production and testing of biological products. Regulated medical waste or clinical waste or (bio) medical waste containing a Category A infectious substance must be classed as an infectious substance, and assigned to UN2814, UN2900, or UN3549, as appropriate. * * * * * ■ 22. In § 173.137, revise the introductory text to read as follows: jbell on DSKJLSW7X2PROD with PROPOSALS4 § 173.137 group. Class 8—Assignment of packing The packing group of a Class 8 material is indicated in Column 5 of the § 172.101 Table. When the § 172.101 Table provides more than one packing group for a Class 8 material, the packing group must be determined using data obtained from tests conducted in accordance with the OECD Guidelines for the Testing of Chemicals, Test No. 435, ‘‘In Vitro Membrane Barrier Test Method for Skin Corrosion’’ (IBR, see § 171.7 of this subchapter) or Test No. 404, ‘‘Acute Dermal Irritation/ Corrosion’’ (IBR, see § 171.7 of this subchapter). A material that is determined not to be corrosive in accordance with OECD Guideline for VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 the Testing of Chemicals, Test No. 430, ‘‘In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test (TER)’’ (IBR, see § 171.7 of this subchapter) or Test No. 431, ‘‘In Vitro Skin Corrosion: Reconstructed Human Epidermis (RHE) Test Method’’ (IBR, see § 171.7 of this subchapter) may be considered not to be corrosive to human skin for the purposes of this subchapter without further testing. However, a material determined to be corrosive in accordance with Test No. 430 or Test No. 431 must be further tested using Test No. 435 or Test No. 404. If the in vitro test results indicate that the substance or mixture is corrosive, but the test method does not clearly distinguish between assignment of packing groups II and III, the material may be considered to be in packing group II without further testing. The packing group assignment using data obtained from tests conducted in accordance with OECD Guideline Test No. 404 or Test No. 435 must be as follows: * * * * * ■ 23. In § 173.172, revise paragraphs (a) and (b) to read as follows: § 173.172 tank. Aircraft hydraulic power unit fuel * * * * * (a) The unit must consist of an aluminum pressure vessel made from tubing and having welded heads. Primary containment of the fuel within this vessel must consist of a welded aluminum bladder having a maximum internal volume of 46 L (12 gallons). The outer vessel must have a minimum design gauge pressure of 1,275 kPa (185 psig) and a minimum burst gauge pressure of 2,755 kPa (400 psig). Each vessel must be leak-checked during manufacture and before shipment and must be found leakproof. The complete inner unit must be securely packed in non-combustible cushioning material, such as vermiculite, in a strong outer tightly closed metal packaging which will adequately protect all fittings. Maximum quantity of fuel per primary containment and package is 42 L (11 gallons); or (b) The unit must consist of an aluminum pressure vessel. Primary containment of the fuel within this vessel must consist of a welded hermetically sealed fuel compartment with an elastomeric bladder having a maximum internal volume of 46 L (12 gallons). The pressure vessel must have a minimum design gauge pressure of 5,170 kPa (750 psig). Each vessel must PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 43891 be leak-checked during manufacture and before shipment and must be securely packed in non-combustible cushioning material, such as vermiculite, in a strong outer tightly closed metal packaging which will adequately protect all fittings. Maximum quantity of fuel per primary containment and package is 42 L (11 gallons). ■ 24. In § 173.181, revise paragraph (b) to read as follows: § 173.181 Pyrophoric materials (liquids). * * * * * (b) Steel boxes (4A), aluminum boxes (4B), metal boxes, other than steel or aluminum (4N), wooden boxes (4C1, 4C2, 4D, or 4F) or fiberboard boxes (4G); steel drums (1A1 or 1A2), aluminum drums (1B1 or 1B2), metal drums, other than steel or aluminum (1N1 or 1N2), plywood drums (1D), or fiber drums (1G); or steel jerricans (3A1 or 3A2) or aluminum jerricans (3B1 or 3B2) enclosing not more than four strong, tight metal cans with inner receptacles of glass or metal, not over 1 L (0.3 gallon) capacity each, having positive screwcap closures adequately gasketed or alternative closures physically held in place by a means capable of preventing back-off or loosening of the closure due to conditions normally incident to transportation (e.g., vibration). Inner packagings must be cushioned on all sides with dry, absorbent, incombustible material in a quantity sufficient to absorb the entire contents. * * * * * ■ 25. In § 173.185, revise paragraphs (c)(3)(i) introductory text and (c)(3)(i)(A) to read as follows: § 173.185 Lithium cell and batteries. * * * * * (c) * * * (3) * * * (i) The mark must indicate the UN number: ‘‘UN3090’’ for lithium metal cells or batteries; or ‘‘UN3480’’ for lithium ion cells or batteries. Where the lithium cells or batteries are contained in, or packed with, equipment, the UN number ‘‘UN3091’’ or ‘‘UN3481,’’ as appropriate, must be indicated. Where a package contains lithium cells or batteries assigned to different UN numbers, all applicable UN numbers must be indicated on one or more marks. The package must be of such size that there is adequate space to affix the mark on one side without the mark being folded. E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules (A) The mark must be in the form of a rectangle or a square with hatched edging. The mark must be not less than 100 mm (3.9 inches) wide by 100 mm (3.9 inches) high and the minimum width of the hatching must be 5 mm (0.2 inches), except marks of 100 mm (3.9 inches) wide by 70 mm (2.8 inches) high may be used on a package containing lithium batteries when the package is too small for the larger mark; * * * * * ■ 26. In § 173.187, revise paragraphs (b), (c), (e) and (f) to read as follows: § 173.187 Pyrophoric solids, metals or alloys, n.o.s. jbell on DSKJLSW7X2PROD with PROPOSALS4 * * * * * (b) In wooden boxes (4C1, 4C2, 4D, or 4F) with inner metal receptacles that have threaded closures or alternate closures physically held in place by a means capable of preventing back-off or loosening of the closure due to conditions normally incident to transportation (e.g., impact, vibration, etc.). Each inner metal receptacle must not contain more than 15 kg (33 pounds). (c) In fiberboard boxes (4G) with inner metal receptacles that have threaded closures or alternate closures physically held in place by a means capable of preventing back-off or loosening of the closure due to conditions normally incident to transportation (e.g., impact, vibration, etc.). Each inner metal VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 receptacle must not contain more than 7.5 kg (17 pounds). * * * * * (e) In plywood drums (1D) with inner metal receptacles that have threaded closures or alternate closures physically held in place by a means capable of preventing back-off or loosening of the closure due to conditions normally incident to transportation (e.g., impact, vibration, etc.). Each inner metal receptacle must not contain more than 15 kg (33 pounds). (f) In fiberboard drums (1G) with inner metal receptacles that have threaded closures or alternate closures physically held in place by a means capable of preventing back-off or loosening of the closure due to conditions normally incident to transportation (e.g., impact, vibration, etc.) Each inner metal receptacle must not contain more than 15 kg (33 pounds). * * * * * ■ 27. In § 173.199, revise the first four sentences in paragraph (a)(5) introductory text to read as follows: § 173.199 Category B infectious substances. (a) * * * (5) The following square-on-point mark must be displayed on the outer packaging on a background of contrasting color. The width of the line forming the border must be at least 2 mm (0.08 inches) and the letters and numbers must be at least 6 mm (0.24 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 inches) high. The size of the mark must be such that no side of the diamond is less than 50 mm (1.97 inches) in length as measured from the outside of the lines forming the border. For transportation by aircraft, the entire mark must appear on one side of the package. The proper shipping name ‘‘Biological substances, Category B’’ must be marked on the outer packaging adjacent to the diamond-shaped mark in letters that are at least 6 mm (0.24 inches) high. * * * * * * * * ■ 28. Revise § 173.218 to read as follows: § 173.218 Fish meal or fish scrap. (a) Transportation by vessel. (1) Except as provided in Column (7) of the HMT in § 172.101 of this subchapter, fish meal or fish scrap, containing at least 6%, but not more than 12% water, is authorized for transportation in packagings as follows: (i) Burlap (jute) bag; (ii) Multi-wall paper bag; (iii) Polyethylene-lined burlap or paper bag; (iv) Cargo tank; (v) Portable tank; (vi) Rail car; or (vii) Freight container. (2) The fish meal or fish scrap must contain at least 50 ppm (mg/kg) of ethoxyquin, 100 ppm (mg/kg) of butylated hydroxytoluene (BHT), or 250 ppm (mg/kg) of tocopherol-based antioxidant at the time of shipment. E:\FR\FM\10AUP4.SGM 10AUP4 EP10AU21.024</GPH> 43892 jbell on DSKJLSW7X2PROD with PROPOSALS4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules Stabilization of fish meal or fish scrap must occur at the time of production and the application must be within twelve months prior to shipment. (b) Transportation by air. (1) Except as provided in Column (7) of the HMT in § 172.101 of this subchapter, fish meal or fish scrap, containing at least 6%, but not more than 12% water, is authorized for transportation in packagings as follows: (i) The following combination packagings are authorized: Outer packagings: Steel drum: 1A1 or 1A2; Aluminum drum: 1B1 or 1B2; Metal drum other than steel or aluminum: 1N1 or 1N2; Fiber drum: 1G; Plastic drum: 1H1 or 1H2; Steel jerrican: 3A1 or 3A2; Plastic jerrican: 3H1 or 3H2; Aluminum jerrican: 3B1 or 3B2; Steel box: 4A; Aluminum box: 4B; Natural wood box: 4C1 or 4C2; Plywood box: 4D; Reconstituted wood box: 4F; Fiberboard box: 4G; Solid plastic box: 4H2; or Metal box other than steel or aluminum: 4N. Inner packagings: Glass, Fiber, Metal, or Plastic. (ii) The following single packagings are authorized: Steel drum: 1A1 or 1A2; Aluminum drum: 1B1 or 1B2; Plywood drum with liner: 1D; Plastic drum: 1H1 or 1H2; Fiber drum with liner: 1G; Metal drum other than steel or aluminum: 1N1 or 1N2; Steel jerrican: 3A1 or 3A2; Plastic jerrican: 3H1 or 3H2; Aluminum jerrican: 3B1 or 3B2; Steel box: 4A; Aluminum box: 4B; Metal box other than steel or aluminum: 4N; Natural wood box with liner: 4C2; Plywood box with liner: 4D; Reconstituted wood box with liner: 4F; Fiberboard box with liner: 4G; Solid plastic box: 4H2; Bag, woven plastic: 5H3; Bag, plastic film: 5H4; Bag, textile: 5L3; Bag, paper, multiwall, water resistant: 5M2; Plastic receptacle in steel, aluminum, plywood, fiber or plastic drum: 6HA1, 6HB1, 6HD1, 6HG1 or 6HH1; Plastic receptacle in steel, aluminum, wood, plywood or fiberboard box: 6HA2, 6HB2, 6HC, 6HD2, 6HG2 or 6HH2; or Cylinders, as prescribed for any compressed gas, except for Specification 8 and 3HT. (2) The fish meal or fish scrap must contain at least 50 ppm (mg/kg) of ethoxyquin, 100 ppm (mg/kg) of butylated hydroxytoluene (BHT), or 250 ppm (mg/kg) of tocopherol-based antioxidant at the time of shipment. Stabilization of fish meal or fish scrap must occur at the time of production and the application must be within twelve months prior to shipment. ■ 29. In § 173.221, revise paragraph (a) to read as follows: VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 § 173.221 Polymeric beads, expandable and Plastic molding compound. (a) For non-bulk shipments of Polymeric beads (or granules), expandable evolving flammable vapor and Plastic molding compound in dough, sheet or extruded rope form, evolving flammable vapor the following packagings are authorized: (1) Single packagings: Metal box (4A, 4B, or 4N); Wooden box (4C1 or 4C2); Plywood box (4D); Fiberboard box (4G); Reconstituted wood box (4F); Plastic box (4H1 or 4H2); Plywood drums: (1D) or Fiber drums (1G) with sealed inner plastic liners; in vapor tight metal or plastic drums (1A1, 1A2, 1B1, 1B2, 1N1, 1N2, 1H1 or 1H2); or in vapor tight metal or plastic jerricans (3A1, 3A2, 3B1, 3B2, 3H1, or 3H2). (2) Combination packagings: (i) Outer packagings: Steel drum: 1A1 or 1A2; Aluminum drum: 1B1 or 1B2; Plywood drum: 1D; Fiber drum: 1G; Plastic drum: 1H1 or 1H2; Metal drum other than steel or aluminum: 1N1 or 1N2; Steel jerrican: 3A1 or 3A2; Plastic jerrican: 3H1 or 3H2; Aluminum jerrican: 3B1 or 3B2; Steel box: 4A; Aluminum box: 4B; Natural wood box: 4C1 or 4C2; Plywood box: 4D; Reconstituted wood box: 4F; Fiberboard box: 4G; Plastic box: 4H1 or 4H2; or Metal box other than steel or aluminum: 4N. (ii) Inner packagings: Glass receptacles, Plastic receptacles, Metal receptacles, Paper receptacles, Fiber receptacles. (3) Non-specification packagings when transported in dedicated vehicles or freight containers. The packagings need not conform to the requirements for package testing in part 178 of this subchapter, but must be capable of containing any evolving gases from the contents during normal conditions of transportation. * * * * * ■ 30. Revise § 173.222 to read as follows: § 173.222 Dangerous goods in articles, machinery, or apparatus. Hazardous materials in articles, machinery, or apparatus are excepted from the specification packaging requirements of this subchapter when packaged according to this section. Hazardous materials in articles, machinery, or apparatus must be packaged in strong outer packagings, unless the receptacles containing the hazardous materials are afforded adequate protection by the construction of the article, machinery, or apparatus. Each package must conform to the packaging requirements of subpart B of this part, except for the requirements in PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 43893 §§ 173.24(a)(1) and 173.27(e), and the following requirements: (a) If the article, machinery, or apparatus contains more than one hazardous material, the materials must not be capable of reacting dangerously together. (b) The nature of the containment must be as follows— (1) Damage to the receptacles containing the hazardous materials during transport is unlikely. However, in the event of damage to the receptacles containing the hazardous materials, no leakage of the hazardous materials from the article, machinery or apparatus is possible. A leakproof liner may be used to satisfy this requirement. (2) Receptacles containing hazardous materials must be secured and cushioned so as to prevent their breakage or leakage and so as to control their shifting within the article, machinery, or apparatus during normal conditions of transportation. Cushioning material must not react dangerously with the content of the receptacles. Any leakage of the contents must not substantially impair the protective properties of the cushioning material. (3) Receptacles for gases, their contents and filling densities must conform to the applicable requirements of this subchapter, unless otherwise approved by the Associate Administrator. (c)(1) Except for transportation by aircraft, the total net quantity of hazardous materials contained in one item of an article, machinery, or apparatus must not exceed the following: (i) In the case of solids or liquids, the limited quantity amount specified in the corresponding section referenced in Column (8A) of the § 172.101 Table; (ii) 0.5 kg (1.1 pounds) in the case of Division 2.2 gases. (iii) When an article, machinery, or apparatus contains multiple hazardous materials, the quantity of each hazardous material must not exceed the quantity specified in the corresponding section referenced in Column (8A) of the § 172.101 Table, or for gases, paragraph (c)(1)(ii) of this section. (2) For transportation by aircraft, the total net quantity of hazardous materials contained in one item of an article, machinery, or apparatus must not exceed the following: (i) 1 kg (2.2 pounds) in the case of solids; (ii) 0.5 L (0.1 gallons) in the case of liquids; (iii) 0.5 kg (1.1 pounds) in the case of Division 2.2 gases. Division 2.2 gases with subsidiary risks and refrigerated liquefied gases are not authorized; E:\FR\FM\10AUP4.SGM 10AUP4 43894 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules (iv) A total quantity of not more than the aggregate of that permitted in paragraphs (c)(2)(i) through (iii) of this section, for each category of material in the package, when a package contains hazardous materials in two or more of the categories in paragraphs (c)(2)(i) through (iii) of this section; and (d) Except for transportation by aircraft, when a package contains hazardous materials in two or more of the categories listed in paragraph (c)(1) b. Adding in paragraph (e), in the Organic Peroxide IBC Table, entries for ‘‘tert-Amyl peroxypivalate, not more than 42% as a stable dispersion in water’’ and ‘‘tert-Butyl peroxypivalate, not more than 42% in a diluent type A’’ in alphabetical order. The revisions read as follows: of this section the total quantity required by § 172.202(c) of this subchapter to be entered on the shipping paper must be either the aggregate quantity, or the estimated quantity, of all hazardous materials, expressed as net mass. ■ 31. In § 173.225: ■ a. Revising in paragraph (c), in the Organic Peroxide Table, the entry ‘‘Di(4-tert-butylcyclohexyl) peroxydicarbonate [as a paste]’’; and ■ § 173.225 Packaging requirements and other provisions for organic peroxides. * * * (c) * * * * * TABLE TO PARAGRAPH (c): ORGANIC PEROXIDE TABLE Technical name ID No. (1) B I Water (mass %) Packing method Control Emergency (3) (4a) (4b) (4c) (5) (6) (7a) (7b) * .............. ................ * * Di-(4-tertUN3118 butylcyclohexyl)peroxydicarbonate [as a paste]. * * * * * * ≤ 42 * * Temperature (°C) A (2) * Diluent (mass %) Concentration (mass %) * .............. .............. * Notes * * OP8 * (8) 35 40 * .............. * (e) * * * TABLE TO PARAGRAPH (e): ORGANIC PEROXIDE IBC TABLE UN No. Organic peroxide Type of IBC Maximum quantity (liters) Control temperature Emergency temperature * 3119 ........ * * * ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED. * ................ .................... * ........................ * ........................ * * * tert-Amyl peroxypivalate, not more than 42% as a stable dispersion in water. tert-Butyl peroxypivalate, not more than 42% in a diluent type A ......... * 31HA1 1000 0 °C 31HA1 31A 1000 1250 10 °C 10 °C * * * * * * * * * 32. In § 173.301b, revise paragraphs (a)(2) and (c) to read as follows: ■ jbell on DSKJLSW7X2PROD with PROPOSALS4 § 173.301b Additional general requirements for shipment of UN pressure receptacles. (a) * * * (2) The gases or gas mixtures must be compatible with the UN pressure receptacle and valve materials as prescribed for metallic materials in ISO 11114–1:2012(E) and ISO 11114– 1:2012/Amd 1:2017(E) (IBR, see § 171.7 of this subchapter) and for non-metallic materials in ISO 11114–2:2013(E) (IBR, see § 171.7 of this subchapter). * * * * * (c) Pressure receptacle valve requirements. (1) When the use of a valve is prescribed, the valve must VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 * * conform to the requirements in ISO 10297:2014(E), and ISO 10297:2014/ Amd 1:2017 (see § 171.7 of this subchapter). Quick release cylinder valves for specification and type testing must conform to the requirements in ISO 17871:2015(E) (IBR, see § 171.7 of this subchapter). Until December 31, 2020, the manufacture of a valve conforming to the requirements in ISO 10297:2006(E) (IBR, see § 171.7 of this subchapter) was authorized. Until December 31, 2008, the manufacture of a valve conforming to the requirements in ISO 10297:1999(E) (IBR, see § 171.7 of this subchapter) was authorized. (2) A UN pressure receptacle must have its valves protected from damage that could cause inadvertent release of the contents of the UN pressure PO 00000 Frm 00052 Fmt 4701 * Sfmt 4702 * * +10 °C 15°C 15°C * receptacle by one of the following methods: (i) By constructing the pressure receptacle so that the valves are recessed inside the neck of the UN pressure receptacle and protected by a threaded plug or cap; (ii) By equipping the UN pressure receptacle with a valve cap conforming to the requirements in ISO 11117:2008(E) and Technical Corrigendum 1 (IBR, see § 171.7 of this subchapter). Until December 31, 2014, the manufacture of a valve cap conforming to the requirements in ISO 11117:1998(E) (IBR, see § 171.7 of this subchapter) was authorized. The cap must have vent-holes of sufficient crosssectional area to evacuate the gas if leakage occurs at the valve; E:\FR\FM\10AUP4.SGM 10AUP4 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules (iii) By protecting the valves by shrouds or guards conforming to the requirements in ISO 11117:2008(E) and Technical Corrigendum 1 (IBR; see § 171.7 of this subchapter). Until December 31, 2014, the manufacture of a shroud or guard conforming to the requirements in ISO 11117:1998(E) (IBR, see § 171.7 of this subchapter) was authorized. For metal hydride storage systems, by protecting the valves in accordance with the requirements in ISO 16111:2008(E) (IBR; see § 171.7 of this subchapter). (iv) By using valves designed and constructed with sufficient inherent strength to withstand damage in accordance with Annex B of ISO 10297:2014(E); (v) By enclosing the UN pressure receptacles in frames (e.g., bundles of cylinders); (vi) By packing the UN pressure receptacles in a strong outer package, such as a box or crate, capable of meeting the drop test specified in § 178.603 of this subchapter at the Packing Group I performance level; or (vii) By using valves designed and constructed in accordance with Annex A of ISO 17879:2017(E) (IBR, see § 171.7 of this subchapter) for UN pressure receptacles with self-closing valves with inherent protection (except those in acetylene service). * * * * * ■ 33. In § 173.304b, revise paragraph (b)(2) to read as follows: § 173.304b Additional requirements for shipment of liquefied compressed gases in UN pressure receptacles. * * * * * (b) * * * (2) For low pressure liquefied gases, the maximum mass in kilograms of contents per liter of water capacity must be less than or equal to 95 percent of the liquid phase at 50 °C. In addition, the UN pressure receptacle may not be liquid full at 60 °C. The test pressure of the pressure receptacle must be equal to or greater than the vapor pressure of the liquid at 65 °C. * * * * * ■ 34. In § 173.306, revise paragraphs (f)(2)(i) and (3)(iv), and add paragraph (n) to read as follows: jbell on DSKJLSW7X2PROD with PROPOSALS4 § 173.306 Limited quantities of compressed gases. * * * * * (f) * * * (2) * * * (i) Each accumulator must be shipped as an inside packaging. Robust accumulators may be transported unpackaged, in crates, or in appropriate overpacks when the hazardous materials VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 are afforded equivalent protection by the article in which they are contained; * * * * * (3) * * * (iv) Accumulators must be packaged in strong outer packaging. Robust accumulators may be transported unpackaged, in crates, or in appropriate overpacks when the hazardous materials are afforded equivalent protection by the article in which they are contained. * * * * * (n) Receptacles, small, containing gas or gas cartridges for recycling or disposal. Receptacles, small, containing gas or gas cartridges not exceeding 1.0 L (0.3 gallons) capacity may be offered for transportation for the purposes of recycling or disposal. Receptacles, small, containing gas or gas cartridges are not required to be protected against shifting and inadvertent discharge if measures to prevent dangerous build-up of pressure and dangerous atmospheres are addressed and are excepted from the specification packaging requirements of this subchapter when packaged and offered in accordance with this paragraph (n). (1) Receptacles, small containing gas or gas cartridges for recycling or disposal, other than those that are leaking or severely deformed, must be packaged as follows: (i) The receptacles, small, containing gas or gas cartridges must be packaged in a strong outer packaging. The strong outer packaging and its contents must not exceed a gross weight of 55 kg (121 pounds) for fiberboard packagings or 125 kg (275 pounds) for other packagings; and (ii) Packagings must be adequately ventilated to prevent the creation of dangerous atmospheres and build-up of pressure. (2) Rigid large packagings are authorized conforming to the packing group II performance level made of: (i) Steel (50A); Aluminum (50B); Metal other than steel or aluminum (50N); Rigid plastics (50H); Natural wood (50C); Plywood (50D); Reconstituted wood (50F); Rigid fiberboard (50G). (ii) Large packagings must be designed and constructed to prevent dangerous shifting and inadvertent discharge during normal conditions of transport; (iii) Large packagings must be adequately ventilated to prevent the creation of dangerous atmospheres and the build-up of pressure; and (iv) Leaking or severely deformed containers must be transported in salvage cylinders or salvage packagings provided adequate measures are taken PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 43895 to prevent a dangerous build-up of pressure. (3) Receptacles, small, containing gas or gas cartridges for recycling or disposal must not be transported in closed freight containers. (4) Receptacles, small, containing gas or gas cartridges for recycling or disposal that were filled with Division 2.2 gases and have been pierced are not subject to the requirements of this subchapter. ■ 35. In § 173.335, revise paragraph (d) to read as follows: § 173.335 Chemical under pressure n.o.s. * * * * * (d) Periodic inspection. (1) Except as specified in (d)(2) of this section, the maximum requalification test period for cylinders transporting chemical under pressure n.o.s. is 5 years. (2) For cylinders with maximum capacity of 450 L or less and filled with materials used as fire extinguishing agents, the maximum requalification test period is 10 years. * * * * * PART 175—CARRIAGE BY AIRCRAFT 36. The authority citation for part 175 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128, 44701; 49 CFR 1.81 and 1.97. 37. In § 175.8, add paragraph (b)(5) to read as follows: ■ § 175.8 Exceptions for operator equipment and items of replacement. * * * * * (b) * * * (5) Alcohol-based hand sanitizers and alcohol-based cleaning products that are accessible to crewmembers for use on the aircraft during the flight or series of flights for the purposes of passenger and crew hygiene. Conditions for the carriage and use must be described in an operations manual and/or other appropriate manuals. ■ 38. In § 175.9, revise paragraph (b)(5)(ii) to read as follows: § 175.9 Special aircraft operations. (b) * * * (5) * * * (ii) Each type of battery used is either nonspillable, lithium metal, or lithium ion. Lithium metal or lithium ion batteries must meet the provisions of § 173.185(a) of this subchapter. Spare batteries must be individually protected to prevent short circuits when not in use; * * * * * ■ 39. In § 175.10, revise paragraphs (a)(1) and (11) to read as follows: E:\FR\FM\10AUP4.SGM 10AUP4 43896 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules § 175.10 Exceptions for passengers, crewmembers, and air operators. * * * * * (a) * * * (1)(i) Non-radioactive medicinal and toilet articles for personal use (including aerosols) carried in carry-on and checked baggage. Release devices on aerosols must be protected by a cap or other suitable means to prevent inadvertent release; (ii) Other aerosols in Division 2.2 (nonflammable gas) with no subsidiary risk carried in carry-on or checked baggage. Release devices on aerosols must be protected by a cap or other suitable means to prevent inadvertent release; (iii) The aggregate quantity of these hazardous materials carried by each person may not exceed 2 kg (70 ounces) by mass or 2 L (68 fluid ounces) by volume and the capacity of each container may not exceed 0.5 kg (18 ounces) by mass or 500 ml (17 fluid ounces) by volume; and (iv) The release of gas must not cause extreme annoyance or discomfort to crew members so as to prevent the correct performance of assigned duties. * * * * * (11) No more than two self-inflating personal safety devices, intended to be worn by a person such as a life jacket or vest, fitted with no more than two small gas cartridges per device (containing no hazardous material other than a Division 2.2 gas) for inflation purposes plus no more than two spare cartridges per device. The personal safety device(s) and spare cartridges may be carried in carry-on or checked baggage, with the approval of the aircraft operator, and must be packed in such a manner that they cannot be accidently activated. * * * * * ■ 40. In § 175.75, revise paragraph (b) and Note 1 to the Quantity and Loading Table in paragraph (f) to read as follows: § 175.75 Quantity limitations and cargo location. * * * * * (b) Hazardous materials stowage. (1) Except as otherwise provided in this subchapter, no person may carry a hazardous material in the cabin of a passenger-carrying aircraft or on the flight deck of any aircraft, and the hazardous material must be located in a place that is inaccessible to persons other than crew members. (2) Hazardous materials may be carried in a main deck cargo compartment of a passenger aircraft provided that the compartment is inaccessible to passengers and that it meets all certification requirements for: A Class B aircraft cargo compartment in 14 CFR 25.857(b); or a Class C aircraft cargo compartment in 14 CFR 25.857(c). (3) A package bearing a ‘‘KEEP AWAY FROM HEAT’’ handling marking must be protected from direct sunshine and stored in a cool and ventilated place, away from sources of heat. (4) Except as provided in paragraph (f) of this section, a package containing a hazardous material acceptable for cargo- Code Note 1: The following materials are not subject to this loading restriction— a. Class 3, PG III (unless the substance is also labeled CORROSIVE). b. Division 6.1 (unless the substance is also labeled for any hazard class or division except FLAMMABLE LIQUID). c. Division 6.2. d. Class 7 (unless the hazardous material meets the definition of another hazard class). e. Class 9, Limited Quantity, or Excepted Quantity material. f. Articles of Identification Numbers UN0012, UN0014, or UN0055 also meeting the requirements of § 173.63(b). g. Articles of Identification Numbers UN3528 or UN3529. * * * * * PART 176—CARRIAGE BY VESSEL 41. The authority citation for part 176 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128; 49 CFR 1.81 and 1.97. 42. In § 176.84, in the paragraph (b) table, revise code 4, add codes 155, 156, and 157 in numerical order, and in the paragraph (c)(2) table, revise provisions 19E and 22E to read as follows: ■ § 176.84 Other requirements for stowage, cargo handling, and segregation for cargo vessels and passenger vessels. * * * (b) * * * * * Provisions * * 4 ...................................................... * * * * Shall not be stowed together with combustible material in the same cargo transport unit. * * 155 .................................................. * * * * * Avoid handling the package or keep handling to a minimum. Inform the appropriate public health authority or veterinary authority where persons or animals may have been exposed. For lithium batteries transported in accordance with § 173.185(f) or for purposes of disposal or recycling, stowage category C applies. For aerosols and gas receptacles transported for purposes of recycling or disposal, stowage category C applies, and stowage must be clear of living quarters. 156 .................................................. 157 .................................................. * * * * (c) * * * * * * * * * * * * * * (2) * * * Notes jbell on DSKJLSW7X2PROD with PROPOSALS4 only aircraft must be loaded in an accessible manner. * * * * * (f) * * * Provisions * * 19E .................................................. * * * ‘‘Separated from’’ explosives containing chlorates or perchlorates. * * 22E .................................................. * * * * * ‘‘Separated from’’ ammonium compounds and explosives containing ammonium compounds or salts. VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\10AUP4.SGM 10AUP4 43897 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules * Provisions * * PART 178—SPECIFICATIONS FOR PACKAGINGS 43. The authority citation for part 178 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128; 49 CFR 1.81 and 1.97. 44. In § 178.3, revise paragraph (a)(4) to read as follows: ■ § 178.3 Marking of packagings. (a) * * * (4) Unless otherwise specified, letters and numerals must be at least 12.0 mm (0.47 inches) in height except for packagings of less than or equal to 30 L (7.9 gallons) capacity for liquids or 30 kg (66 pounds) maximum net mass for solids the height must be at least 6.0 mm (0.2 inches). For packagings having a capacity of 5 L (1.3 gallons) or less or of 5 kg (11 pounds) maximum net mass, letters and numerals must be of an appropriate size. * * * * * ■ 45. In § 178.71 by: ■ a. Revising paragraph (d)(2); ■ b. Adding paragraph (l)(1)(iv), and ■ c. Revising paragraph (o)(1) The revisions and additions read as follows: § 178.71 Specifications for UN pressure receptacles. jbell on DSKJLSW7X2PROD with PROPOSALS4 * * * * * (d) * * * (2) Service equipment must be configured, or designed, to prevent damage that could result in the release of the pressure receptacle contents during normal conditions of handling and transport. Manifold piping leading to shut-off valves must be sufficiently flexible to protect the valves and the piping from shearing or releasing the pressure receptacle contents. The filling and discharge valves and any protective caps must be secured against unintended opening. The valves must conform to ISO 10297:2014(E) and ISO 10297:2014/Amd 1:2017(E), or for nonrefillable pressure receptacles valves manufactured until December 31, 2020, ISO 13340:2001(E) (IBR, see § 171.7 of this subchapter), and be protected as specified in § 173.301b(f) of this subchapter. Until December 31, 2022, the manufacture of a valve conforming to the requirements of ISO 10297:2014(E) (IBR, see § 171.7 of this subchapter) is authorized. Until December 31, 2020, the manufacture of a valve conforming to the requirements VerDate Sep<11>2014 19:16 Aug 09, 2021 Jkt 253001 * * * * in ISO 10297:2006(E) (IBR, see § 171.7 of this subchapter) was authorized. Until December 31, 2008, the manufacture of a valve conforming to the requirements in ISO 10297:1999 (E) (IBR, see § 171.7 of this subchapter) was authorized. Additionally, valves must be initially inspected and tested in accordance with ISO 14246:2014(E) and ISO 14246:2014/Amd 1:2017(E), Gas cylinders—Cylinder valves— Manufacturing tests and examinations (IBR, see § 171.7 of this subchapter). For self-closing valves with inherent protection, the requirements of ISO 17879:2017(E) (IBR, see § 171.7 of this subchapter) shall be met until further notice. * * * * * (l) * * * (1) * * * (iv) ISO 11119–4:2016(E) (IBR, see § 171.7 of this subchapter). Until December 31, 2020, cylinders conforming to the requirements in ISO 11119–4(E) (IBR, see § 171.7 of this subchapter) was authorized. * * * * * (o) * * * (1) ISO 11114–1:2012(E) and 11114– 1:2012/Amd 1:2017(E) (IBR, see § 171.7 of this subchapter). * * * * * ■ 46. In § 178.75, revise paragraph (d)(3) introductory text and add paragraphs (d)(3)(vi) through (ix) to read as follows: (viii) ISO 11119–3:2013(E) Gas cylinders— Refillable composite gas cylinders and tubes—Design, construction and testing—Part 3: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 L with non-load-sharing metallic or nonmetallic liners (IBR, see § 171.7 of this subchapter). (ix) ISO 11119–4:2016 Gas cylinders—Refillable composite gas cylinders—Design, construction and testing—Part 4: Fully wrapped fibre reinforced composite gas cylinders up to 150 L with load-sharing welded metallic liners (IBR, see § 171.7 of this subchapter). * * * * * ■ 47. In § 178.275, revise paragraph (i)(2)(i)(A) to read as follows: § 178.75 Where: Q = minimum required rate of discharge in cubic meters of air per second (m3/s) at conditions: 1 bar and 0 °C (273 °K); F = for uninsulated shells: 1; for insulated shells: U(649¥t)/13.6 but in no case, is less than 0.25 Where: U = heat transfer coefficient of the insulation, in kW m¥2K¥1, at 38 °C (100 °F); and t = actual temperature of the hazardous material during filling (in °C) or when this temperature is unknown, let t = 15 °C (59 °F). The value of F given in this paragraph (i)(2)(i)(A) for insulated shells may only be used if the insulation is in conformance with paragraph (i)(2)(iv) of this section; A = total external surface area of shell in square meters; Z = the gas compressibility factor in the accumulating condition (when this factor is unknown, let Z equal 1.0); T = absolute temperature in Kelvin (°C + 273) above the pressure relief devices in the accumulating condition; L = the latent heat of vaporization of the liquid, in kJ/kg, in the accumulating condition; Specifications for MEGCs. * * * * * (d) * * * (3) Each pressure receptacle of a MEGC must be of the same design type, seamless steel or composite, and constructed and tested according to one of the following ISO standards, as appropriate: * * * * * (vi) ISO 11119–1:2012(E), Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 1: Hoop wrapped fibre reinforced composite gas cylinders and tubes up to 450 L (IBR, see § 171.7 of this subchapter). (vii) ISO 11119–2:2012(E) and ISO 11119–2:2012/Amd.1:2014(E), Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 L with load-sharing metal liners (both IBR, see § 171.7 of this subchapter). PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 § 178.275 Specification for UN Portable Tanks intended for the transportation of liquid and solid hazardous materials. * * * * * (i) * * * (2) * * * (i) * * * (A) To determine the total required capacity of the relief devices, which must be regarded as being the sum of the individual capacities of all the contributing devices, the following formula must be used: Q =12.4 F.A.'82 LC E:\FR\FM\10AUP4.SGM 10AUP4 /if '\JM EP10AU21.025</GPH> Notes 43898 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules M = molecular weight of the hazardous material. protective properties under normal conditions of transport. (7) Maximum capacity of drum: 450 L (119 gallons). (8) Maximum net mass: 400 kg (882 pounds). ■ 50. In § 178.609, revise paragraph (g) to read as follows: * * * * * 48. In § 178.505, redesignate paragraphs (b)(6) and (7) as (b)(7) and (8), respectively, and add new paragraph (b)(6) to read as follows: ■ § 178.505 Standards for aluminum drums. * * * * * (b) * * * (6) If materials used for body, heads, closures, and fittings are not compatible with the contents to be transported, suitable internal protective coatings or treatments must be applied. These coatings or treatments must retain their protective properties under normal conditions of transport. (7) Maximum capacity of drum: 450 L (119 gallons). (8) Maximum net mass: 400 kg (882 pounds). ■ 49. In § 178.506, redesignate paragraphs (b)(6) and (7) as (b)(7) and (8), respectively, and add new paragraph (b)(6) to read as follows: § 178.506 Standards for metal drums other than steel or aluminum. * * * * * (b) * * * (6) If materials used for body, heads, closures, and fittings are not compatible with the contents to be transported, suitable internal protective coatings or treatments must be applied. These coatings or treatments must retain their § 178.609 Test requirements for packagings for infectious substances. * * * * * (g) Where packaging is intended to contain dry ice, an additional drop test to that specified in paragraph (d), and when appropriate, (e) or (f) of this section must be performed on one sample in one of the orientations described in (d)(1) or (d)(2) of this section, as appropriate, which is most likely to result in failure of the packaging. The sample must be stored so that all the dry ice dissipates prior to being subjected to the drop test. * * * * * ■ 51. In § 178.703, revise paragraphs (b)(6) introductory text and (b)(7)(iv) to read as follows: § 178.703 Marking of IBCs. * * * * * (b) * * * (6) For each composite IBC, the inner receptacle must be marked with at least the following information. The marking must be visible while inside of the outer receptacle. If the marking is not visible from the outer receptacle, the marking must be duplicated on the outer receptacle and include an indication that the marking applies to the inner receptacle. * * * * * (7) * * * (iv) For IBCs designed for stacking, the maximum permitted stacking load must be displayed with the symbol. The mass in kilograms (kg) marked above the symbol must not exceed the load imposed during the design test, as indicated by the marking in paragraph (a)(1)(vii) of this section, divided by 1.8. The letters and numbers indicating the mass must be at least 12 mm (0.48 inches). ■ 52. In § 178.705, revise paragraph (c)(1)(iv) introductory text to read as follows: § 178.705 Standards for metal IBCs. * * * * * (c) * * * (1) * * * (iv) Minimum wall thickness. For metal IBCs with a capacity of more than 1500 liters, the minimum wall thickness must be determined as follows: (A) For a reference steel having a product of Rm × Ao = 10,000, where Ao is the minimum elongation (as a percentage) of the reference steel to be used on fracture under tensile stress (Rm × Ao = 10,000 × 145; if tensile strength is in U.S. Standard units of pounds per square inch), the wall thickness must not be less than: WALL THICKNESS (T) IN MM Types 11A, 11B, 11N Unprotected Protected Unprotected T = C/2000 + 1.5 ........................... T = C/2000 + 1.0 .......................... T = C/1000 + 1.0 .......................... * * * * * PART 180—CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS 53. The authority citation for part 180 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128; 49 CFR 1.81 and 1.97. 54. In § 180.207, revise paragraph (d)(3) and add (7) to read as follows: ■ jbell on DSKJLSW7X2PROD with PROPOSALS4 Types 21A, 21B, 21N, 31A, 31B, 31N § 180.207 Requirements for requalification of UN pressure receptacles. * * * (d) * * * VerDate Sep<11>2014 * * 20:44 Aug 09, 2021 Jkt 253001 (3) Dissolved acetylene UN cylinders: Each dissolved acetylene cylinder must be requalified in accordance with ISO 10462:2013(E) (IBR, see § 171.7 of this subchapter). A cylinder requalified in accordance with ISO 10462(E) up until December 31, 2018, may continue to be used until the next required requalification. The porous mass and the shell must be requalified no sooner than 3 years, 6 months, from the date of manufacture. Thereafter, subsequent requalifications of the porous mass and shell must be performed at least once every ten years. * * * * * PO 00000 Frm 00056 Fmt 4701 Sfmt 9990 Protected T = C/2000 + 1.5 (7) UN cylinder bundles: UN cylinder bundles containing compressed, liquefied, and dissolved gas must be inspected and tested in accordance with ISO 20475:2018(E) (IBR, see § 171.7 of this subchapter). Issued in Washington, DC on July 15, 2021, under authority delegated in 49 CFR 1.97. William S. Schoonover, Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2021–15425 Filed 8–9–21; 8:45 am] BILLING CODE 4910–60–P E:\FR\FM\10AUP4.SGM 10AUP4

Agencies

[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Proposed Rules]
[Pages 43844-43898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15425]



[[Page 43843]]

Vol. 86

Tuesday,

No. 151

August 10, 2021

Part IV





 Department of Transportation





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Pipeline and Hazardous Materials Safety Administration





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49 CFR Parts 171, 172, 173, et al.





Hazardous Materials: Harmonization With International Standards; 
Proposed Rule

Federal Register / Vol. 86 , No. 151 / Tuesday, August 10, 2021 / 
Proposed Rules

[[Page 43844]]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, 176, 178, and 180

[Docket No. PHMSA-2019-0030 (HM-215P)]
RIN 2137-AF46


Hazardous Materials: Harmonization With International Standards

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations to 
maintain alignment with international regulations and standards by 
adopting various amendments, including changes to proper shipping 
names, hazard classes, packing groups, special provisions, packaging 
authorizations, air transport quantity limitations, and vessel stowage 
requirements. Additionally, PHMSA proposes an amendment to the 
Hazardous Materials Regulations that would allow for better alignment 
with Transport Canada's Transportation of Dangerous Goods Regulations.

DATES: Comments must be received by October 12, 2021. To the extent 
possible, PHMSA will consider late-filed comments while a final rule is 
developed.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of 
Transportation, Docket Operations, M-30, Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2019-
0030 (HM-215P) or RIN 2137-AF46 for this rulemaking at the beginning of 
your comment. Note that all comments received will be posted without 
change to http://www.regulations.gov including any personal information 
provided. If sent by mail, comments must be submitted in duplicate. 
Persons wishing to receive confirmation of receipt of their comments 
must include a self-addressed stamped postcard.
    Docket: For access to the dockets to read background documents 
(including the Preliminary Regulatory Impact Analysis (PRIA)) or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from 
public disclosure. If your comments responsive to this NPRM contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this NPRM, it is important that you clearly designate the 
submitted comments as CBI. Please mark each page of your submission 
containing CBI as ``PROPIN.'' Submissions containing CBI should be sent 
to Candace Casey, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001. Any commentary that PHMSA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Candace Casey, Standards and 
Rulemaking, or Aaron Wiener, International Program, at (202) 366-8553, 
Pipeline and Hazardous Materials Safety Administration, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, 
Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR part 51
IV. Amendments Not Being Considered for Adoption in this NPRM
V. Section-by-Section Review of NPRM Proposals
VI. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Policies and Procedures
    F. Paperwork Reduction Act
    G. Regulation Identifier Number (RIN)
    H. Unfunded Mandates Reform Act of 1995
    I. Environment Assessment
    J. Privacy Act
    K. Executive Order 13609 and International Trade Analysis
    L. National Technology Transfer and Advancement Act
List of Subjects

I. Executive Summary

    As discussed in further detail later in this NPRM (see the Section-
By-Section Review of NPRM Proposals), the Pipeline and Hazardous 
Materials Safety Administration (PHMSA) proposes to amend certain 
sections of the Hazardous Materials Regulations (HMR; 49 CFR parts 171 
to 180) to maintain alignment with international regulations and 
standards by adopting various amendments, including changes to proper 
shipping names, hazard classes, packing groups, special provisions, 
packaging authorizations, air transport quantity limitations, and 
vessel stowage requirements.
    PHMSA expects adoption of the regulatory amendments proposed in 
this NPRM will maintain the high safety standard currently achieved 
under the HMR, facilitate the safe transportation of critical vaccines 
and other medical materials associated with response to the coronavirus 
disease 2019 (COVID-19) public health emergency, and align HMR 
requirements with anticipated increases in the volume of lithium 
batteries transported in interstate commerce from electrification of 
the transportation and other economic sectors. PHMSA also notes that 
because harmonization of the HMR with international consensus standards 
as proposed could reduce delays and interruptions of hazardous 
materials during transportation, the proposed NPRM amendments may also 
lower greenhouse gas (GHG) emissions and safety risks to minority, low-
income, underserved, and other disadvantaged populations and 
communities in the vicinity of interim storage sites and transportation 
arteries and hubs.
    The following list summarizes the more noteworthy proposals set 
forth in this NPRM:
     Incorporation by Reference: PHMSA proposes to incorporate 
by reference updated versions of the following international hazardous 
materials regulations and standards: the 2021-2022 Edition of the 
International Civil Aviation Organization Technical Instructions for 
the Safe Transport of Dangerous Goods by Air (ICAO Technical 
Instructions); Amendment 40-20 to the International Maritime Dangerous 
Goods Code (IMDG Code); the 21st revised edition of the United Nations 
Recommendations on the

[[Page 43845]]

Transport of Dangerous Goods--Model Regulations (UN Model Regulations); 
and the International Atomic Energy Agency (IAEA) ``Specific Safety 
Requirements Number SSR-6: Regulations for the Safe Transport of 
Radioactive Material 2018 Edition'' (SSR-6, Ref. 1). PHMSA also 
proposes the incorporation by reference of several new or updated 
International Organization for Standardization (ISO) standards as well 
as an updated version of the Organization for Economic Cooperation and 
Development (OECD) Guidelines for the Testing of Chemicals Test No. 
431: In vitro skin corrosion: reconstructed human epidermis (RHE) test 
method.
     Transport Canada temporary certificates: PHMSA proposes 
amendments to the HMR that would authorize the motor carrier or rail 
transportation of a hazardous material within the United States 
pursuant to a temporary certificate issued under Transport Canada's 
Transportation of Dangerous Goods Regulations (TDG Regulations).
     Hazardous Materials Table: PHMSA proposes amendments to 
the Hazardous Materials Table (HMT; 49 CFR 172.101) to add, revise or 
remove certain proper shipping names, hazard classes, packing groups, 
special provisions, packaging authorizations, bulk packaging 
requirements, and passenger and cargo aircraft maximum quantity limits.
     Data loggers: PHMSA proposes exception from certain 
regulations for lithium batteries in equipment that are attached to or 
contained in packagings, large packagings, intermediate bulk containers 
(IBCs), or cargo transport units as equipment in use or intended for 
use during transport, such as data loggers. This would clarify 
regulations applicable to data loggers and cargo tracking devices 
powered by lithium batteries that are attached to or contained in, and 
in use or intended for use during transport. Additionally, in response 
to the COVID-19 public health emergency, and consistent with revisions 
to the 2021-2022 ICAO Technical Instructions, PHMSA proposes exceptions 
specific to the air transportation of these items used in association 
with shipments of COVID-19 pharmaceuticals, including vaccines.
     Removal of metal wall thickness requirements for certain 
metal IBCs: PHMSA proposes to remove the minimum wall thickness 
requirements for metal IBCs that have a capacity of 1500 liters (L) or 
less.
     Stabilized fish meal or fish scrap by air: PHMSA proposes 
to permit the transport of stabilized fish meal or fish scrap (UN2216) 
on passenger and cargo aircraft. Currently, when transported as a Class 
9 material, stabilized fish meal or fish scrap is only authorized for 
transportation by vessel. As a part of this proposal, PHMSA is also 
expanding the applicability of the stabilization requirements currently 
in place for shipments of these materials by vessel.
     UN3549 Category A Medical Wastes: PHMSA proposes to create 
a new entry in the HMT for ``UN3549, Medical Waste, Category A, 
Affecting Humans, solid or Medical Waste, Category A, Affecting Animals 
only, solid.'' This entry provides an additional shipping description 
for solid materials meeting the Category A classification criteria that 
are not appropriate for classification in existing entries/classes 
``UN2814, Infectious substance, affecting humans'' or ``UN2900, 
Infectious substance, affecting animals only.'' Solid medical waste 
containing Category A infectious substances generated from the medical 
treatment of humans or veterinary treatment of animals (e.g., 
disposable personal protective equipment) may be assigned to UN3549. 
Although PHMSA is not adopting certain packaging provisions adopted in 
the UN Model Regulations, it proposes assigning Special Provision 131, 
which directs shippers to request a special permit prior to 
transportation, to UN3549. Additionally, PHMSA proposes amending 
certain parts of Sec.  173.134, which provides definitions and 
exceptions for Class 6, Division 6.2 hazardous materials, to include 
references to this new UN number and proper shipping name.
     Additional packagings for ``UN2211, Polymeric beads, 
expandable, evolving flammable vapor'' and ``UN3314, Plastic molding 
compound in dough, sheet or extruded rope form evolving flammable 
vapor'': PHMSA proposes to expand the authorized packagings for 
polymeric beads and plastic molding compound to include combination 
packagings rather than limiting packaging options to single packagings.
     Miscellaneous revisions of requirements pertaining to the 
transportation of lithium batteries: PHMSA proposes a number of 
revisions to HMR requirements, including, but not limited to, minimum 
size markings and modification of stowage requirements for lithium 
batteries including those offered as damaged/defective or for disposal/
recycling. PHMSA expects the revisions will contribute to the safe 
transportation of increased volumes of lithium batteries anticipated as 
a result of the increased use of that technology in the transportation 
and other economic sectors.
     Definition of SADT (Self-accelerating decomposition 
temperature) and SAPT (Self-accelerating polymerizing temperature): 
PHMSA proposes to amend the definitions of SADT and SAPT to clarify 
that the lowest temperature at which the these may occur can take place 
in a packaging, IBC or portable tank.
     Periodic inspection for chemicals under pressure: PHMSA 
proposes to extend the periodic inspection, from five to ten years, for 
cylinders that are filled with hazardous materials described as 
``UN3500, Chemicals under pressure, n.o.s.'' that are also used as fire 
extinguishing agents.
     Technical name requirements for marine pollutants: PHMSA 
proposes to amend provisions pertaining to the addition of technical 
names to the shipping description when transporting hazardous materials 
that contain marine pollutants. These amendments aim to provide 
flexibility with regard to documentation and marking requirements, 
which currently require identifying the technical names of marine 
pollutant components in those materials. Additionally, PHMSA proposes 
to amend Sec. Sec.  172.203(l) and 172.322 to limit the applicability 
of requirements for specific marine pollutant constituents for generic 
entries (indicated by the letter ``G'' in column 1 of the Hazardous 
Materials Table) and those containing ``n.o.s.'' as part of the proper 
shipping names.
     Stability tests for nitrocellulose: PHMSA proposes to add 
stability testing requirements for nitrocellulose, to require that 
these materials meet the criteria of the Bergmann-Junk test or methyl 
violet paper test in the UN Manual of Tests and Criteria, Appendix 10.
    Some of the proposed amendments represent improvements in safety 
(e.g., nitrocellulose stability testing, additional closures for 
packagings intended for pyrophoric materials, on deck stowage 
requirements for lithium batteries transported by vessel, etc.). All 
the proposed amendments are expected to maintain the HMR's high safety 
standard for the public and the environment. Additionally, PHMSA 
anticipates that there are safety benefits to be derived from improved 
compliance related to consistency amongst domestic and international 
regulations. PHMSA solicits comment on the amendments proposed in this 
NPRM pertaining to: need, benefits and costs of the proposed HMR 
revisions; impact on safety and the environment;

[[Page 43846]]

impact on environmental justice and equity; and any other relevant 
information. In addition, PHMSA solicits comment regarding approaches 
to reducing the costs of this rule while maintaining or increasing 
safety benefits. As further explained in the PRIA, PHMSA expects that 
the aggregate benefits of the amendments proposed in this NPRM justify 
their aggregate costs. Nonetheless, PHMSA solicits comment on specific 
changes (e.g., greater flexibility with regard to a particular 
proposal) that might improve the rule.

II. Background

    The Federal hazardous materials transportation law (49 U.S.C. 5101 
et seq.) directs PHMSA to participate in relevant international 
standard-setting bodies and encourages alignment of the HMR with 
international transport standards as consistent with promotion of 
safety and the public interest. See 49 U.S.C. 5120. This statutory 
mandate reflects the importance of international standard-setting 
activity in light of the globalization of commercial transportation of 
hazardous materials. Harmonization of the HMR with those efforts can 
reduce the costs and other burdens of complying with multiple or 
inconsistent safety requirements between nations. Consistency between 
the HMR and current international standards can also enhance safety by 
(1) ensuring that the HMR is informed by the latest best practices and 
lessons learned; (2) improving understanding of and compliance with 
pertinent requirements; (3) facilitating the smooth flow of hazardous 
materials from their points of origin to their points of destination, 
thereby avoiding risks to the public and the environment from release 
of hazardous materials from delays or interruptions in the 
transportation of those materials; and (4) enabling consistent 
emergency response procedures in the event of a hazardous materials 
incident.
    PHMSA participates in the development of international regulations 
and standards for the transportation of hazardous materials. It also 
adopts within the HMR international standards consistent with PHMSA's 
safety mission. PHMSA reviews and evaluates each international standard 
it considers for incorporation within the HMR on its own merits, to 
include the effects on transportation safety, the environmental 
impacts, and any economic impact. PHMSA's goal is to harmonize with 
international standards without diminishing the level of safety 
currently provided by the HMR or imposing undue burdens on the 
regulated community.
    In a final rule published December 21, 1990,\1\ PHMSA's 
predecessor, the Research and Special Programs Administration (RSPA), 
comprehensively revised the HMR for greater consistency with the UN 
Model Regulations. The UN Model Regulations constitute a set of 
recommendations issued by the United Nations Sub-Committee of Experts 
(UNSCOE) on the Transport of Dangerous Goods and on the Globally 
Harmonized System of Classification and Labelling of Chemicals (GHS). 
The UN Model Regulations are amended and updated biennially by the 
UNSCOE and serve as the basis for national, regional, and international 
modal regulations, including the ICAO Technical Instructions and IMDG 
Code.
---------------------------------------------------------------------------

    \1\ 55 FR 52401 (Dec. 21, 1990).
---------------------------------------------------------------------------

    PHMSA has evaluated recent updates to the international standards, 
and proposes to revise the HMR to adopt changes consistent with 
revisions to the 2021-2022 Edition of the ICAO Technical Instructions, 
Amendment 40-20 to the IMDG Code,\2\ and the 21st revised edition of 
the UN Model Regulations, all of which were published by or in effect 
on January 1, 2021. PHMSA issued an enforcement discretion on October 
1, 2020, stating that while PHMSA is considering the 2021-2022 Edition 
of the ICAO Technical Instructions and amendment 40-20 of the IMDG Code 
for potential adoption into the HMR, PHMSA and other Federal agencies 
that enforce the HMR (the Federal Railroad Administration, the Federal 
Aviation Administration (FAA), the Federal Motor Carrier Safety 
Administration, and the United States Coast Guard) will not take 
enforcement action against any offeror or carrier who uses these 
standards as an alternative to complying with current HMR requirements 
when all or part of the transportation is by air with respect to the 
ICAO Technical Instructions, or by vessel with respect to the IMDG 
Code. In addition, PHMSA and its partners will not take enforcement 
action against any offeror or carrier who offers or accepts for 
domestic or international transportation by any mode packages marked or 
labeled in accordance with these standards. This notice remains in 
effect until withdrawn or otherwise modified.\3\ Additionally, in 
response to the ongoing global COVID-19 public health emergency, on 
December 31, 2020 and February 23, 2021, ICAO published addenda to the 
2021-2022 Edition of the ICAO Technical Instructions to provide 
additional provisions and exceptions to reduce regulatory compliance 
burdens for the transport of certain hazardous materials, such as 
alcohols and aerosols used for hygienic purposes, by air. PHMSA 
proposes to include those changes to international standards in this 
NPRM. Finally, PHMSA proposes to incorporate by reference these new 
international regulations and standards as well as new requirements 
from the IAEA, ``Specific Safety Requirements Number SSR-6: Regulations 
for the Safe Transport of Radioactive Material 2018 Edition'' (SSR-6, 
Ref. 1); several new or updated ISO standards; and an updated version 
of the OECD Guidelines for the Testing of Chemicals Test No. 431: In 
vitro skin corrosion: reconstructed human epidermis (RHE) test method. 
The standards incorporated by reference are authorized for use for 
domestic transportation, under specific conditions, by part 171, 
subpart C of the HMR.
---------------------------------------------------------------------------

    \2\ Amendment 40-20 to the IMDG Code may be voluntarily complied 
with as of January 1, 2021; however, Amendment 39-18 will remain 
effective through May 31, 2022.
    \3\ PHMSA, Notice of Enforcement Policy Regarding International 
Standards (Oct. 1, 2020), https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-10/Notice%20of%20Enforcement%20Policy%20Regarding%20International%20Standards%20Oct%201%202020.pdf. PHMSA expects that it may withdraw this 
enforcement discretion should the HMR amendments proposed here be 
adopted in a final rule.
---------------------------------------------------------------------------

    Contemporaneously with PHMSA's development of the NPRM, the 
President has issued a series of Executive Orders coordinating Federal 
response to the COVID-19 public health emergency, a handful of those 
are pertinent to this NPRM. Specifically, section 2 of Executive Order 
13987 (``Organizing and Mobilizing the United States Government to 
Provide a Unified and Effective Response to Combat COVID-19 and To 
Provide United States Leadership on Global Health and Security'') \4\ 
contemplates broad-based action across the Federal Government to 
``produce, supply, and distribute personal protective equipment, 
vaccines, tests, and other supplies for the Nation's COVID-19 
response.'' Similarly, Executive Order 14002 (``Economic Relief Related 
to COVID-19 Pandemic'') \5\ directs Federal agencies like PHMSA to 
respond to the economic harm caused by the COVID-19 public health 
emergency by promptly identifying actions they can take within existing 
authorities to provide economic relief to affected persons and

[[Page 43847]]

businesses. Lastly, the President has announced ambitious reductions in 
national GHG emissions to combat climate, change, identifying 
electrification of the transportation and other economic sectors--to 
include enabling more widespread use of electric storage technologies 
(such as lithium batteries) -- as a critical element of that effort.\6\
---------------------------------------------------------------------------

    \4\ 86 FR 7019 (Jan. 20, 2021).
    \5\ 86 FR 7229 (Jan. 21, 2021).
    \6\ See, e.g., White House, ``Fact Sheet: President Biden Sets 
2030 Greenhouse Gas Pollution Reduction Target Aimed at Creating 
Good-Paying Union Jobs and Securing U.S. Leadership on Clean Energy 
Technologies'' (Apr. 21, 2021), https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/22/fact-sheet-president-biden-sets-2030-greenhouse-gas-pollution-reduction-target-aimed-at-creating-good-paying-union-jobs-and-securing-u-s-leadership-on-clean-energy-technologies/.
---------------------------------------------------------------------------

III. Incorporation by Reference Discussion Under 1 CFR Part 51

    According to the Office of Management and Budget (OMB), Circular A-
119, ``Federal Participation in the Development and Use of Voluntary 
Consensus Standards and in Conformity Assessment Activities,'' 
government agencies must use voluntary consensus standards wherever 
practical in the development of regulations.
    PHMSA currently incorporates by reference into the HMR all or parts 
of several standards and specifications developed and published by 
standard development organizations (SDO). In general, SDOs update and 
revise their published standards every 2 to 5 years to reflect modern 
technology and best technical practices. The National Technology 
Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-113) directs 
Federal agencies to use standards developed by voluntary consensus 
standards bodies in lieu of government-written standards whenever 
possible. Voluntary consensus standards bodies develop, establish, or 
coordinate technical standards using agreed-upon procedures. OMB issued 
Circular A-119 to implement section 12(d) of the NTTAA relative to the 
utilization of consensus technical standards by Federal agencies. This 
circular provides guidance for agencies participating in voluntary 
consensus standards bodies and describes procedures for satisfying the 
reporting requirements in the NTTAA. Accordingly, PHMSA is responsible 
for determining which currently referenced standards should be updated, 
revised, or removed, and which standards should be added to the HMR. 
Revisions to materials incorporated by reference in the HMR are handled 
via the rulemaking process, which allows for the public and regulated 
entities to provide input. During the rulemaking process, PHMSA must 
also obtain approval from the Office of the Federal Register to 
incorporate by reference any new materials. The Office of the Federal 
Register issued a rulemaking on November 7, 2014 that revised 1 CFR 
51.5 to require that agencies detail in the preamble of an NPRM the 
ways the materials it proposes to incorporate by reference are 
reasonably available to interested parties, or how the agency worked to 
make those materials reasonably available to interested parties.
    The UN Model Regulations, the UN Manual of Tests and Criteria, the 
IAEA Regulations for the Safe Transport of Radioactive Material, and 
the OECD Guidelines for the Testing of Chemicals Test No. 431: In vitro 
skin corrosion: reconstructed human epidermis (RHE) test method are 
free and easily accessible to the public on the internet, with access 
provided through the parent organization websites. The ICAO Technical 
Instructions, IMDG Code, and all ISO standard references are available 
for interested parties to purchase in either print or electronic 
versions through the parent organization websites. The price charged 
for those not freely available helps to cover the cost of developing, 
maintaining, hosting and accessing these standards. The specific 
standards are discussed in greater detail in Section V.

IV. Amendments Not Being Considered for Adoption in this NPRM

    As documented below, PHMSA has determined that certain elements of 
updated international regulations and standards that are the subject of 
this rulemaking should not be adopted into the HMR because the 
structure of the HMR is such that it makes adoption unnecessary, or 
PHMSA has deemed it is a safer approach to authorize certain transport 
requirements through a special permit rather than adopting into the 
HMR. Use of a special permit allows for greater oversight and 
development of transport history and data prior to determining adoption 
within the HMR.
    The following is a list of elements of updated international 
standards that PHMSA is not considering for adoption in this NPRM, and 
the rationale for that decision:
     Issue #1: As discussed previously, PHMSA proposes to add a 
new HMT entry for ``UN3549 Medical Waste, Category A, Affecting Humans, 
solid or Medical Waste, Category A, Affecting Animals only, solid'' for 
consistency with updates to the Dangerous Goods Lists of the ICAO 
Technical Instructions (Dangerous Goods List) and the UN Model 
Regulations. However, PHMSA is not proposing to revise the HMR/HMT to 
incorporate the corresponding packaging instructions for these 
materials. Instead, PHMSA plans to continue to approve the packaging 
and transport of these materials through a special permit. Maintaining 
approval of these shipments under a special permit allows for oversight 
of the grantees in that PHMSA can conduct a fitness evaluation prior to 
granting a special permit and data on the number of shipments made 
under a special permit are provided to PHMSA.
     Issue #2: In the 2021-2022 Edition of the ICAO Technical 
Instructions, Special Provision A201 was revised to provide provisions 
for transport of lithium batteries on a passenger aircraft with the 
prior approval of the State of Origin and the operator, provided the 
batteries were intended for urgent medical need. PHMSA is not proposing 
to make a corresponding amendment to the HMR because PHMSA added Sec.  
173.185(g) in an interim final rule (HM-224I) published on March 6, 
2019 \7\ in response to a statutory mandate in the FAA Reauthorization 
Act of 2018. Pub. L. 115-254 (Oct. 5, 2018). That HMR amendment 
provided limited exceptions from HMR prohibitions permitting air 
transportation of medical device batteries with the approval of the 
Associate Administrator. A final rule covering the issues adopted on an 
interim basis in HM-224I is currently under development.
---------------------------------------------------------------------------

    \7\ 84 FR 8006 (Mar. 6, 2019).
---------------------------------------------------------------------------

     Issue #3: The 21st revised edition of the UN Model 
Regulations, the 2021-2022 edition of the ICAO Technical Instructions, 
and Amendment 40-20 to the IMDG Code amended various radioactive 
transportation requirements to harmonize with the IAEA Regulations for 
the Safe Transport of Radioactive Material, No. SSR-6. While PHMSA 
proposes to incorporate by reference Regulations for the Safe Transport 
of Radioactive Material, No. SSR-6, PHMSA is not proposing to harmonize 
the HMR with the remainder of the changes made by the various 
international regulations (i.e., ICAO Technical Instructions, UN Model 
Regulations, IMDG Code) regarding radioactive materials requirements. 
PHMSA plans to address domestic radioactive harmonization issues in a 
future rulemaking (HM-250A, under RIN137-AF42) in coordination with the 
Nuclear Regulatory Commission.
     Issue #4: The 21st revised edition of the UN Model 
Regulations contains an

[[Page 43848]]

amendment to general requirements permitting the use of the proper 
shipping name ``Articles containing dangerous goods, n.o.s.'' 
Specifically, this amendment authorizes the use of this entry for 
articles containing explosives if the article is excluded from Class 1 
(explosives) by meeting certain exclusion criteria identified in 
section 2.1.3.6.4 of the UN Model Regulations. However, PHMSA is not 
proposing a corresponding amendment to Sec.  173.232 because PHMSA does 
not permit shippers to self-exclude a potential explosive (i.e., an 
article) from Class 1. Rather, Sec.  173.56 of the HMR requires 
shippers to submit explosives to PHMSA-approved explosives test labs, 
which perform evaluations to determine whether the explosive meets the 
exclusion criteria and then recommend a classification to PHMSA for 
explosives submitted to them for review. If an article is excluded from 
Class 1, a document would be issued by PHMSA that indicates it is not 
an explosive, but must be classified based on any other hazard 
presented by the article. In this case, the shipper would be required 
to pick the most appropriate proper shipping name, which could include 
the appropriate ``Articles, n.o.s.'' entry.
     Issue #5: The 21st revised edition of the UN Model 
Regulations contains amendments to Packing Instruction P801, applicable 
to used batteries assigned the following UN numbers: ``UN2794, 
Batteries, wet, filled with acid, electric storage''; ``UN2795, 
Batteries, wet, filled with alkali, electric storage''; and ``UN3028, 
Batteries, dry, containing potassium hydroxide solid, electric 
storage.'' These amendments were adopted to correct issues pertaining 
to requirements unique to the UN Model Regulations for the use of 
stainless steel boxes and plastic bins as packaging for those used 
batteries. In contrast, the HMR does not specify such packagings for 
used UN2794/2795/3028 batteries, nor does this NPRM propose to amend 
the HMR to authorize such packaging. Existing HMR packaging 
requirements in Sec.  173.159 for such batteries are adequately 
protective. The HMR allows used batteries that are not damaged or 
leaking to be offered for transportation in accordance with the general 
packaging requirements in Sec.  173.159(a)-(e) or paragraph (k) for 
damaged batteries. Because of the combination of general packaging 
requirements in 49 CFR part 173, subpart B, and the battery specific 
packaging requirements in Sec.  173.159, PHMSA does not believe there 
is a safety justification to limit transportation of used batteries to 
those packaged in accordance with the new UN packing instruction 
requirements in P801 or to add these stainless steel boxes or plastic 
bins to the current packaging authorizations in the HMR.

V. Section-By-Section Review of NPRM Proposals

    The following is a section-by-section review of the amendments 
proposed in this NPRM.

A. Part 171

Section 171.7
    Section 171.7 provides a listing of all voluntary consensus 
standards incorporated by reference into the HMR, as directed by the 
NTTAA. For this rulemaking, PHMSA evaluated updated international 
consensus standards pertaining to proper shipping names, hazard 
classes, packing groups, special provisions, packaging authorizations, 
air transport quantity limitations, and vessel stowage requirements. 
PHMSA contributed to the development of those standards--each of which 
build on the well-established and documented safety histories of 
earlier editions -- as it participated in the discussions and working 
group activities associated with their proposal, revision, and 
approval. Those activities in turn have informed PHMSA's evaluation of 
the effect those updated consensus standards would have on safety when 
incorporated by reference and provisions adopted into the HMR. Further, 
PHMSA notes that some of the consensus standards proposed for 
incorporation by reference within the HMR in this rulemaking have 
already been adopted into the regulatory schemes of other countries; 
note again that PHMSA itself has issued an enforcement discretion 
authorizing their use as an interim strategy for complying with current 
HMR requirements. PHMSA is not aware of adverse safety impacts from 
that operational experience. For these reasons, PHMSA expects their 
adoption will maintain the high safety standard currently achieved 
under the HMR. Therefore, PHMSA proposes to add or revise the following 
incorporation by reference materials: \8\
---------------------------------------------------------------------------

    \8\ All other standards that are set out as part of the 
regulatory text of Sec.  171.7(w) were previously approved for 
incorporation by reference and no changes are proposed.
---------------------------------------------------------------------------

     In paragraph (s)(1), incorporate by reference the 2018 
edition of the IAEA Regulations for the Safe Transport of Radioactive 
Material, Safety Standards Series No. SSR-6 (Rev.1), to replace the 
2012 edition, which is currently referenced in Sec. Sec.  171.22; 
171.23; 171.26; 173.415; 173.416; 173.417; 173.435; and 173.473. The 
IAEA regulations establish standards of safety for control of the 
radiation, criticality, and thermal hazards to people, property, and 
the environment that are associated with the transport of radioactive 
materials. Notable changes from the previous edition include 
clarification of marking requirements, a new group of surface 
contaminated objects SCO-III for UN2914, and amendments to basic 
radionuclide values (activity of the radionuclide as listed in Sec.  
173.435) for seven specific radionuclides (Ba-135m, Ge-69, Ir-193m, Ni-
57, Sr-83, Tb-149 and Tb-161). The Regulations for the Safe Transport 
of Radioactive Material are available for download and purchase in hard 
copy on the IAEA website at: https://www.iaea.org/publications/12288/regulations-for-the-safe-transport-of-radioactive-material.
     In paragraph (t)(1), incorporate by reference the 2021-
2022 edition of the ICAO Technical Instructions, to replace the 2019-
2020 Edition, which is currently referenced in Sec. Sec.  171.8; 
171.22; 171.23; 171.24; 172.101; 172.202; 172.401; 172.407; 172.512; 
172.519; 172.602; 173.56; 173.320; 175.10, 175.33; and 178.3. The ICAO 
Technical Instructions specify detailed instructions for the safe 
international transport of dangerous goods by air. The requirements in 
the 2021-2022 edition have been amended to align better with the 21st 
revised edition of the United Nations Recommendations on the Transport 
of Dangerous Goods and the IAEA Regulations for the Safe Transport of 
Radioactive Material. Notable changes in the 2021-2022 edition of the 
ICAO Technical Instructions include new packing and stowage provisions, 
new and revised entries on the Dangerous Goods List, and editorial 
corrections. The 2021-2022 edition of the ICAO Technical Instructions 
are available for purchase on the ICAO website at https://store.icao.int/en/shop-by-areas/safety/dangerous-goods.
     In paragraph (v)(2), incorporate by reference the 2020 
edition of the IMDG Code, Incorporating Amendment 40-20 (English 
Edition), to replace Incorporating Amendment 39-18, 2018 Edition, which 
is currently referenced in Sec. Sec.  171.22; 171.23; 171.25; 172.101; 
172.202; 172.203 172.401; 172.407; 172.502; 172.519; 172.602; 173.21; 
173.56; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140; 
176.720; 176.906; 178.3; and 178.274. The IMDG Code is a unified 
international code that outlines standards and requirements for the 
transport of dangerous goods by sea. Notable changes in Amendment 40-20 
include new packing and stowage provisions, new and revised entries on

[[Page 43849]]

the Dangerous Goods List, and editorial corrections. Distributors of 
the IMDG Code can be found on the International Maritime Organization 
(IMO) website at: https://www.imo.org/en/publications/Pages/Distributors-default.aspx.
     In paragraph (w), incorporate by reference or remove the 
following ISO documents to include new and updated standards for the 
specification, design, construction, testing, and use of gas cylinders:

--ISO 10156:2017, ``Gas cylinders--Gases and gas mixtures--
Determination of fire potential and oxidizing ability for the selection 
of cylinder valve outlets'' in paragraph (w)(38) and referenced in 
Sec.  173.115. ISO 10156 specifies methods for determining whether a 
gas or gas mixture is flammable in air and whether a gas or gas mixture 
is more or less oxidizing than air under atmospheric conditions. It is 
intended to be used for the classification of gases and gas mixtures 
including the selection of gas cylinder valve outlets. This amendment 
would remove ISO 10156:2010, third edition, and the associated 
corrigendum (ISO 10156:2010/Cor.1:2010(E)), from the HMR and add the 
revised ISO 10156:2017(E), fourth edition, as the former documents have 
been withdrawn by ISO and replaced with updated 2017 versions. As part 
of the five-year periodic review of all standards, ISO reviewed ISO 
1056:2010 and published an updated version, ISO 10156:2017, which was 
published in September 2017 and adopted in the 21st revised edition of 
the UN Model Regulations. While many of the edits in this 2017 version 
were editorial changes made to suit the ISO publication rules, the 
standard has also been supplemented with a test method to determine the 
flammability limits of gases and gas mixtures in air and a calculation 
method to determine the lower flammability limit of a gas mixture. 
PHMSA expects that the latter change will enhance safety by providing 
improved instruction on determination of flammability of gases and gas 
mixtures which would aid in the proper selection of a valve. (see Sec.  
173.115 of the Section-by-Section Review for additional discussion of 
this proposed change).
--ISO 10297: 2014/Amd 1:2017, ``Gas cylinders -- Cylinder valves--
Specification and type testing'' in paragraph (w)(42) and referenced in 
Sec.  173.301b and Sec.  178.71. ISO published this supplemental 
amendment to the 2014 version of this document (i.e., ISO 10297: 2014) 
to clarify valve requirements for tubes and pressure drums and to 
correct errors found in the 2014 version. PHMSA proposes to reference 
this amendment in Sec. Sec.  173.301b and 178.71, where use of ISO 
10297:2014 is required. PHMSA reviewed this document and determined 
that the amendments it adds would provide additional safety benefits 
for hazardous materials in transportation.
--ISO 10462:2013, ``Gas cylinders -- Transportable cylinders for 
dissolved acetylene -- Periodic inspection and maintenance.'' PHMSA 
proposes to delete this second edition of ISO 10462 currently in 
paragraph (w)(44) from the list of materials incorporated by reference. 
PHMSA requires the use of ISO 10462 for the requalification of a 
dissolved acetylene cylinder in Sec.  180.207. In final rule HM-
215N,\9\ PHMSA incorporated by reference the updated third edition of 
ISO 10462; however, the rule included a sunset provision to allow 
continued use of this second edition until December 31, 2018. Because 
this date has since passed, and the second edition is no longer 
authorized for use under Sec.  180.207, PHMSA proposes removing 
reference to this edition in Sec.  171.7, as well as a making a 
conforming revision to remove the sunset provision in Sec.  180.207.
---------------------------------------------------------------------------

    \9\ 82 FR 15796 (Mar. 30, 2017).
---------------------------------------------------------------------------

--ISO 11114-1:2012/Amd 1:2017(E), ``Gas cylinders--Compatibility of 
cylinder and valve materials with gas contents--Part 1: Metallic 
materials--Amendment 1,'' in paragraph (w)(47), which PHMSA proposes to 
reference in Sec.  172.102, Sec.  173.301b, and Sec.  178.71. This 2017 
document supplements ISO 11114-1:2012(E), which provides requirements 
for the selection of safe combinations of metallic cylinder and valve 
materials, and cylinder gas contents. As part of ISO's regular five-
year review of its standards, the 2012 version of this document was 
amended through the issuance of this supplemental document, ISO 11114-
1:2012/Amd 1:2017(E). This 2017 document amends the 2012 version by 
providing more explicit instructions on the permissible concentrations 
of gases containing halogens in aluminum cylinders. It also provides 
amended requirements for butylene, hydrogen cyanide, hydrogen sulfide 
and nitric oxide. Consequently, the 21st revised edition of the UN 
Model Regulations updated all references to the 2012 edition to include 
a reference to the supplemental amendment (ISO 11114-1:2012/Amd 
1:2017(E)). PHMSA proposes to revise the HMR likewise, by amending 
Special Provision 379, Sec.  173.301b and Sec.  178.71 where ISO 11114-
1:2012(E) is permitted or required, to also require compatibility with 
ISO 11114-1:2012/Amd 1:2017(E).
--ISO 11119-1:2012(E), ``Gas cylinders--Refillable composite gas 
cylinders and tubes--Design, construction and testing-- Part 1: Hoop 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 
l'', found in paragraph (w)(55). This document specifies requirements 
for composite gas cylinders and tubes between 0.5 L and 450 L water 
capacity, for the storage and conveyance of compressed or liquefied 
gases. ISO 11119-1:2012(E) is currently incorporated by reference in 
Sec.  178.71; however, PHMSA is proposing to additionally incorporate 
by reference in Sec.  178.75.
--ISO 11119-2:2012(E), ``Gas cylinders--Refillable composite gas 
cylinders and tubes--Design, construction and testing--Part 2: Fully 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l 
with load-sharing metal liners'' found in paragraph (w)(57). ISO 11119-
2:2012 specifies requirements for composite gas cylinders and tubes 
between 0.5 L and 450 L water capacity, for the storage and conveyance 
of compressed or liquefied gases. ISO 11119-2:2012(E) is currently 
incorporated by reference in Sec.  178.71; however, PHMSA is proposing 
to additionally incorporate by reference in Sec.  178.75.
--ISO 11119-2:2012/Amd.1:2014(E), Gas cylinders--Refillable composite 
gas cylinders and tubes--Design, construction and testing--Part 2: 
Fully wrapped fibre reinforced composite gas cylinders and tubes up to 
450 l with load-sharing metal liners, Amendment 1, found in paragraph 
(w)(58). ISO 11119-2:2012/Amd. 1:2014(E) is currently incorporated by 
reference in Sec.  178.71; however, PHMSA is proposing to additionally 
incorporate by reference in Sec.  178.75. This supplemental amendment 
was published to align the drop test originally provided in ISO 11119-2 
with the drop test outlined in ISO 11119-3 ``Gas cylinders of composite 
construction--Specification and test methods--Part 3: Fully wrapped 
fibre reinforced composite gas cylinders with non-load-sharing metallic 
or non-metallic liners''.
--ISO 11119-3:2013(E), ``Gas cylinders of composite construction--

[[Page 43850]]

Specification and test methods--Part 3: Fully wrapped fibre reinforced 
composite gas cylinders with non-load-sharing metallic or non-metallic 
liners'' listed in paragraph (w)(60). This document is currently 
incorporated by reference in Sec.  178.71; however, PHMSA is proposing 
to additionally incorporate by reference in Sec.  178.75. ISO 11119-
3:2013 specifies requirements for composite gas cylinders up to 150 l 
water capacity and composite tubes above 150 L water capacity and up to 
450 L water capacity, for the storage and conveyance of compressed or 
liquefied gases.
--ISO 11119-4:2016, ``Gas cylinders--Refillable composite gas 
cylinders--Design, construction and testing--Part 4: Fully wrapped 
fibre reinforced composite gas cylinders up to 150 L with load-sharing 
welded metallic liners,'' in (w)(61), which PHMSA proposes to add a new 
reference to in Sec.  178.71 and 178.75. This standard provides 
requirements for composite gas cylinders with load-sharing welded 
liners between 0.5 L and 150 L water capacity and a maximum test 
pressure of 450 bar \10\ for the storage and conveyance of compressed 
or liquefied gases. PHMSA proposes requiring UN composite cylinders and 
tubes to conform to this standard in Sec.  178.71. See 178.71 of 
Section-by-Section Review for additional discussion on this new 
incorporation by reference.
---------------------------------------------------------------------------

    \10\ 1 Bar = 100 kPa = 14.504 psi.
---------------------------------------------------------------------------

--ISO 14246:2014/Amd 1:2017, ``Gas cylinders--Cylinder valves--
Manufacturing tests and examinations--Amendment 1,'' in paragraph 
(w)(72). PHMSA proposes to add a reference to this document in Sec.  
178.71. This one page amendment, published in 2017, is intended for use 
in conjunction with ISO 14246:2014, which specifies the procedures and 
acceptance criteria for manufacturing testing and examination of 
cylinder valves that have been manufactured to achieve type approval. 
This 2017 document amends the 2014 version by updating the pressure 
test and leakproofness test specifically for acetylene valves. 
Consequently, the 21st revised edition of the UN Model Regulations 
updated all references to the 2014 edition to include a reference to 
the supplemental amendment (ISO 14246/Amd 1:2017). Therefore, PHMSA 
proposes to do likewise by adding a reference to this supplement in 
Sec.  178.71, where inspection and testing in accordance with ISO 
14246:2014 are required. See 178.71 of the Section-by-Section Review 
for additional discussion on this proposal.
--ISO 17879:2017, ``Gas cylinders--Self-closing cylinder valves--
Specification and type testing,'' in paragraph (w)(75). PHMSA proposes 
to add a reference to this standard in Sec.  173.301b and Sec.  178.71. 
This standard provides the design, type testing, marking, and 
manufacturing tests and examinations requirements for self-closing 
cylinder valves intended to be fitted to refillable transportable gas 
cylinders used to transport compressed, liquefied or dissolved gases.
--ISO 20475:2018, ``Gas cylinders--Cylinder bundles--Periodic 
inspection and testing'' in paragraph (w)(77). This standard provides 
the requirements for the periodic inspection and testing of cylinder 
bundles containing compressed, liquefied, and dissolved gas. PHMSA 
proposes to add a reference to this standard in Sec.  180.207, which 
provides the requirements for requalification of UN pressure 
receptacles.

    All ISO standards are available for preview and purchase at: 
https://www.iso.org/standards.html.
     In paragraph (aa)(3), incorporate by reference the updated 
2016 version of the OECD Guidelines for the Testing of Chemicals ``Test 
No. 431: In vitro skin corrosion: reconstructed human Epidermis (RHE) 
test method.'' PHMSA proposes to update the version of OECD Guidelines 
for the Testing of Chemicals Test No. 431 referenced in Sec.  173.137, 
to maintain alignment with the UN Model Regulations. This document is 
used for the identification of corrosive chemical substances and 
mixtures. This updated edition includes in vitro methods allowing for 
better differentiation between hazard categories, which had not been 
possible under earlier editions due to the limited set of well-known in 
vivo corrosive sub-category chemicals against which to validate in 
vitro testing results. Therefore, this updated test protocol may 
provide clearer distinctions between severe and less severe skin 
corrosives. OECD test methods can be found in the OECD iLibrary 
available at https://www.oecd-ilibrary.org/.
     In paragraph (dd), incorporate by reference United Nations 
standards including:

--``The Recommendations on the Transport of Dangerous Goods--Model 
Regulations,'' 21st revised edition (2019), Volumes I and II, in 
paragraph (dd)(1), which are referenced in Sec. Sec.  171.8; 171.12; 
172.202; 172.401; 172.407; 172.502; 172.519; 173.22; 173.24; 173.24b; 
173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; and 178.274. The 
Model Regulations provide framework provisions promoting uniform 
development of national and international regulations governing the 
transportation of hazardous materials by various modes of transport. At 
its ninth session on December 7, 2018, the UNSCOE on the Transport of 
Dangerous Goods and on the GHS adopted amendments to the UN Model 
Regulations concerning, inter alia, electric storage systems (including 
lithium batteries installed in cargo transport units and defective 
batteries), explosives, infectious waste of Category A, waste gas 
cartridges, harmonization with the 2018 edition of IAEA's Regulations 
for the Safe Transport of Radioactive Material, listing of dangerous 
goods, update of LC50 values for some toxic gases and use of in vitro 
skin corrosion methods for classification. The 21st revised edition of 
the UN Model Regulations is available online at: https://unece.org/rev-21-2019.
--The Manual of Tests and Criteria, 7th revised edition (2019), in 
paragraph (dd)(2), which is referenced in Sec. Sec.  171.24, 172.102; 
173.21; 173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 
173.127; 173.128; 173.137; 173.185; 173.220; 173.221; 173.224; 173.225; 
173.232; part 173, appendix H; 175.10; 176.905; and 178.274. The Manual 
of Tests and Criteria contains instruction for the classification of 
hazardous materials for purposes of transportation according to the UN 
Model Regulations. PHMSA proposes to replace the sixth revised edition 
(2015) and the sixth revised edition, Amendment 1 (2017) with the 
seventh revised edition. The amendments adopted in 2018 for the seventh 
revised edition include: A full review of the text of the Manual to 
facilitate its use in the context of the GHS; a new test under test 
series 8 to determine the sensitiveness of a candidate ammonium 
nitrate, emulsion or suspension, or gel, intermediate for blasting 
explosive, to the effect of intense localized thermal ignition under 
high confinement; new provisions addressing classification of 
polymerizing substances for transport; stability tests for 
nitrocellulose mixtures (new Appendix 10); and a compilation of 
classification results on industrial nitrocellulose in accordance with 
Chapter 2.17 of the GHS, which can be used for the

[[Page 43851]]

classification of industrial nitrocellulose based products (new 
Appendix 11). Additionally, the Committee considered that the reference 
to the ``Recommendations on the Transport of Dangerous Goods'' in the 
title of the manual was no longer appropriate, and decided that the 
manual should be entitled ``Manual of Tests and Criteria.'' Therefore, 
PHMSA proposes to amend the title of this document in the list of 
reference material in Sec.  171.7 to reflect this change. The seventh 
revised edition of the ``Manual of Tests and Criteria'' can be accessed 
at: https://unece.org/rev7-files.
--``Globally Harmonized System of Classification and Labelling of 
Chemicals'', eighth revised edition (2019) in paragraph (dd)(3), which 
is referenced in Sec.  172.401. The GHS standard provides a basic 
scheme to identify the hazards of substances and mixtures and to 
communicate the hazards. At its ninth session on December 7, 2018, the 
Committee adopted a set of amendments to the seventh revised edition of 
the GHS which include, inter alia: new classification criteria, hazard 
communication elements, decision logics, and guidance for chemicals 
under pressure; new provisions for the use of in vitro/ex vivo data and 
non-test methods to assess skin corrosion and skin irritation; 
miscellaneous amendments to clarify the classification criteria for 
Specific Target Organ Toxicity; revised and further rationalized 
precautionary statements and an editorial revision of Sections 2 and 3 
of Annex 3; new examples of precautionary pictograms to convey the 
precautionary statement ``Keep out of reach of children''; a new 
example in Annex 7 addressing labelling of sets or kits; and guidance 
on the identification of dust explosion hazards and the need for risk 
assessment, prevention, mitigation, and hazard communication. The 
eighth revised edition of the GHS can be accessed at https://unece.org/ghs-rev8-2019.
--``European Agreement concerning the International Carriage of 
Dangerous Goods by Road'', in (dd)(4), which is referenced in Sec.  
171.23. The European Agreement concerning the International Carriage of 
Dangerous Goods by Road (ADR) outlines regulations concerning the 
international carriage of dangerous goods by road within the EU and 
other countries that are party to the agreement. This publication 
presents the European Agreement, the Protocol Signatures, the annexes, 
and the amendments. In addition to a new title, the 2020 edition of 
this document includes amendments necessary to ensure harmonization of 
ADR with the UN Model Regulations, additional amendments adopted by the 
Working Group on Tanks as well as amendments proposed by the Working 
Group on Standards. PHMSA proposes to remove references to the 2019 
edition of the ADR, ECE/TRANS/257, and add references to volumes I and 
II of the 2020 edition, ECE/TRANS/300. The ADR can be accessed at: 
https://www.unece.org/trans/danger/publi/adr/adr_e.html.
Section 171.8
    Section 171.8 defines terms used throughout the HMR that have broad 
or multi-modal applicability. Currently, the definitions provided in 
Sec.  171.8 for SADT, i.e., ``self-accelerating decomposition 
temperature'' and SAPT, i.e., ``self-accelerating polymerization 
temperature'' only spell out the abbreviations and direct users to 
Sec.  173.21--Forbidden materials and packages--for the actual defining 
criteria. PHMSA proposes to make editorial changes to improve the 
utility of the definitions of SADT and SAPT by providing a clear 
explanation of these terms in the context of packaging within the HMR.
Section 171.12
    Paragraph (a) of Sec.  171.12 prescribes requirements for the use 
of the TDG Regulations for hazardous materials transported from Canada 
to the United States, from the United States to Canada, or through the 
United States to Canada or a foreign destination. PHMSA proposes to 
amend Sec.  171.12(a)(1) to authorize the use of a temporary 
certificate issued by Transport Canada for motor carrier or rail 
transportation of a hazardous material.
    In a 2017 rulemaking, HM-215N,\11\ PHMSA authorized hazardous 
materials to be offered for transportation or transported by motor 
carrier and rail in accordance with an equivalency certificate issued 
by Transport Canada, as an alternative to transportation of these items 
under the TDG Regulations as provided in Sec.  171.22. The HMR 
amendment resulted from negotiations by the U.S.-Canada Regulatory 
Cooperation Council (RCC), a government-to-government forum established 
in 2011 by the President of the United States and the Canadian Prime 
Minister for PHMSA and Transport Canada, respectively, to identify and 
resolve (with input from stakeholders) impediments to cross-border 
transportation of hazardous materials. Among the initiatives agreed 
upon by PHMSA and Transport Canada within the RCC was modification of 
their respective regulations to ensure reciprocal recognition of 
special permits (PHMSA) and certificates (Transport Canada) specifying 
the terms and conditions authorizing deviations from their respective 
regulatory requirements governing transportation of hazardous 
materials.
---------------------------------------------------------------------------

    \11\ 82 FR 15796 (Mar. 30, 2017).
---------------------------------------------------------------------------

    Subsequently, Transport Canada recognized PHMSA's special permits, 
which are issued based on either being in the public interest or on the 
basis that the permit provides a demonstrable equivalent level of 
safety. See Sec.  107.105(d). In HM-215N, PHMSA revised the HMR to 
recognize equivalency certificates by Transport Canada on the basis of 
a finding of safety equivalence with the TDG Regulations. That 
rulemaking did not, however, reflect the fact that Transport Canada 
also issues temporary certificates authorizing deviation from the TDG 
Regulations on a finding that transportation of certain hazardous 
materials is in the public interest. Transport Canada issues temporary 
certificates after a technical review by its subject matter experts of 
an applicant's supporting documentation demonstrating shipment of the 
hazardous material is in the public interest. Temporary certificates 
are of limited duration and specify terms and conditions--often 
extensive--to mitigate risks to public safety and the environment. 
Transport Canada posts all temporary certificates to its publicly-
available website.\12\
---------------------------------------------------------------------------

    \12\ See Transport Canada, ``Approvals--Search by Certificate 
Number,'' https://wwwapps.tc.gc.ca/Saf-Sec-Sur/3/approvals-approbations/SearchCertificates.aspx (last visited Apr. 16, 2021).
---------------------------------------------------------------------------

    PHMSA has evaluated Transport Canada's practices in reviewing and 
issuing temporary certificates and expects that PHMSA's recognition of 
those certificates for motor carrier or rail transportation of 
hazardous materials will not adversely affect safety. As noted above, 
Transport Canada issues those certificates only after a technical 
review is completed by its own subject matter experts to mitigate 
residual risks to public safety and the environment as outlined by the 
certificates' terms and conditions, including limiting duration of 
those temporary certificates. Additionally, other regulatory 
requirements (of Transport Canada or PHMSA) not excepted by a temporary 
certificate remain in effect. PHMSA

[[Page 43852]]

further notes that, consistent with the HMR's existing authorization in 
Sec.  171.12 for reliance on the TDG Regulations to authorize certain 
shipments in the United States, the proposed new authorization to use a 
temporary certificate applies only for the duration of a shipment. In 
other words, once a shipment offered in accordance with a temporary 
certificate reaches its destination, any subsequent offering of 
packages imported under a Transport Canada temporary certificate would 
have to be completed in full compliance with the HMR. PHMSA's proposed 
revisions to Sec.  171.12 would further mitigate risk to public safety 
and the environment by applying only to motor carrier and rail.
    The proposed recognition of Transport Canada-issued temporary 
certificates would improve cross-border movement of hazardous materials 
from efforts responding to the COVID-19 public health emergency or 
other future emergencies. For example, among the temporary certificates 
recently issued by Transport Canada are several authorizing exceptions 
from TDG Regulations to enable movement of hand sanitizer chemicals and 
COVID-19 test samples.\13\ Revision of the HMR as proposed would help 
to ensure that, should Transport Canada issue additional temporary 
certificates responding to the COVID-19 public health emergency or 
another cross-border threat to public safety or the environment, the 
HMR will not be an obstacle to those efforts.
---------------------------------------------------------------------------

    \13\ See Transport Canada, ``Temporary Certificates,'' https://tc.canada.ca/en/dangerous-goods/temporary-certificates (last visited 
Apr. 16, 2021).
---------------------------------------------------------------------------

Section 171.23
    Section 171.23 outlines the requirements for specific materials and 
packagings transported under the ICAO Technical Instructions, IMDG 
Code, Transport Canada TDG Regulations, or the IAEA Regulations. It 
also includes provisions that authorize the use, under specific 
conditions, of pi-marked pressure vessels, which are pressure vessels 
and pressure receptacles that comply with ECE/TRANS/257, the ADR, and 
the EU Directive 2010/35/EU, and marked with a pi ([pi]) symbol to 
denote such compliance. PHMSA proposes to amend Sec.  171.23(a) to 
update the reference to ECE/TRANS/257 to: (1) Reference the 2020 
edition of this document, ECE/TRANS/300, and (2) reference both volumes 
I and II of the ADR. The ADR outlines the regulations concerning the 
international carriage of dangerous goods by road within the EU and 
other countries that are member to the agreement, and this publication 
contains the European Agreement, the Protocol Signatures, the annexes, 
and the amendments. Specifically, Sec.  171.23(a) authorizes cylinders 
that comply with the requirements of Packing Instruction P200 (packing 
instruction for cylinders, tubes, pressure drums, and bundles of 
cylinders) or P208 (packing instruction for Class 2 adsorbed gases) and 
6.2 (requirements for the construction and testing of pressure 
receptacles, aerosol dispensers, small receptacles containing gas (gas 
cartridges), and fuel cell cartridges containing liquefied flammable 
gas) of the ADR, published in 2019 as document ECE/TRANS/257. Upon 
review of the 2020 edition of this document, ECE/TRANS/300, PHMSA did 
not find any substantive changes to the provisions in 6.2, P200, or 
P208, and therefore, does not expect that incorporating by reference 
ECE/TRANS/300 will impose any safety risk or economic impact. However, 
updating the version incorporated by reference to reflect the edition 
that is currently in force would facilitate access to foreign markets 
by U.S. manufacturers and businesses.
    The proposed regulatory text references European Directive 2010/35/
EU, which was previously approved for incorporation by reference in 
this section, and no changes are proposed for this standard.

B. Part 172

Section 172.101 Hazardous Materials Table (HMT)
    The HMT summarizes terms and conditions governing transportation of 
certain hazardous materials under the HMR. For each entry, the HMT 
identifies information such as the proper shipping name, UN 
identification number, and hazard class. The HMT specifies additional 
information or reference requirements in the HMR such as hazard 
communication, packaging, quantity limits aboard aircraft, and stowage 
of hazardous materials aboard vessels. PHMSA proposes to amend certain 
entries in the HMT to reflect the proposed regulatory amendments 
discussed below in the Section by Section review. For purposes of the 
Government Publishing Office's typesetting procedures, proposed changes 
to the HMT appear under three sections of the HMT: ``remove,'' ``add,'' 
and ``revise.'' Certain entries in the HMT, such as those with 
revisions to the proper shipping names, appear as a ``remove'' and 
``add.'' Proposed amendments to the HMT include the following:
New HMT Entries
     UN0511 Detonators, electronic programmable for blasting
     UN0512 Detonators, electronic programmable for blasting
     UN0513 Detonators, electronic programmable for blasting
     UN3549 Medical Waste, Category A, Affecting Humans, solid 
or Medical Waste, Category A, Affecting Animals only, solid

    The UN Model Regulations contain a new entry to its Dangerous Goods 
List for regulated medical waste in Category A (see above list for 
UN3549). PHMSA proposes to add this new entry for this proper shipping 
name and UN number, and assigning Special Provision 131 to inform 
offerors that an approval is required when shipping this material. 
PHMSA also proposes to assign a new special provision, Special 
Provision 430, to specify the appropriate use of this proper shipping 
name. The addition of a proper shipping name that more specifically 
describes the material in transportation is expected to reduce 
regulatory burdens in shipping this material internationally and 
domestically. And by limiting the scope of transport by way of special 
provision approval requirements for each shipment, PHMSA can exercise 
greater oversight of the transport of these materials to, from, or 
within the United States.
    PHMSA also proposes to add three new entries for the proper 
shipping name ``Detonators, electronic programmable for blasting'' with 
the following new UN numbers: UN0511, UN0512, and UN0513. These entries 
were added in the 21st revised edition of UN Model Regulations as 
result of a proposal from the Australian Explosives Industry and Safety 
Group (AEISG) and ensuing discussions held by the UN Working Group on 
Explosives (EWG) of the Sub-Committee of Experts on the Transport of 
Dangerous Goods in 2017 and 2018.\14\ AEISG proposed adding new entries 
in the Model Regulations for electronic detonators to distinguish them 
from electric detonators, which have significantly different design 
characteristics.
---------------------------------------------------------------------------

    \14\ https://unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SG-AC.10-C.3-2018-58e.pdf.
---------------------------------------------------------------------------

    The HMT has nine entries for detonators (not used for ammunition) 
which include: ``Detonators, non-electric for blasting,'' ``Detonators, 
electric for blasting,'' and ``Detonator assemblies, non-electric for 
blasting,'' which may fall in to one of three hazard

[[Page 43853]]

classes (1.1B, 1.4B, 1.4S). Under the hazardous materials 
classification scheme, based on the existing available entries, 
electronic detonators are required to be transported as ``Detonators, 
electric for blasting'' which is not the most accurate description. 
While using this name does not pose inherent risks during 
transportation, it creates potential for risks in down-stream storage, 
use, and handling operations. Because electronic detonators are 
significantly different from other electric and non-electric 
detonators, PHMSA proposes new entries for these devices rather than 
including them within the existing entries for electric detonator 
types. As with other explosives, the proper classification of these 
devices would depend on packaging and testing, hence new entries must 
include all possible hazard classifications (1.1B, 1.4G, and 1.4S). For 
other newly added hazardous materials assigned a UN number on the 
Dangerous Goods List in the UN Model Regulations, PHMSA proposes to 
add: UN0511 (1.1B), UN0512 (1.4B), and UN0513 (1.4S) to the HMT to 
facilitate proper classification and handling across governmental and 
modal jurisdictions. PHMSA expects that this change would provide 
clarity and enhance safety by adding more specific proper shipping 
names to describe electric detonators.
Column (1) Symbols
    Section 172.101(b) describes column (1) of the HMT and symbols 
providing for additional requirements for transportation of listed 
hazardous materials that may be indicated in the column. As provided in 
Sec.  172.101(b)(1): (1) The symbol ``A'' identifies a material that is 
subject to the requirements of the HMR only when offered or intended 
for transportation by aircraft; (2) the symbol ``W'' identifies a 
material that is subject to the requirements of the HMR only when 
offered or intended for transportation by vessel; and (3) the symbol 
``I'' identifies proper shipping names which are appropriate for 
describing materials in international transportation. The UN Model 
Regulations were amended for consistency with the ICAO Technical 
Instructions to indicate that in addition to being regulated by vessel, 
the following entries are also regulated for air transport: ``UN1372, 
Fibers, animal or Fibers, vegetable burnt, wet or damp,'' ``UN1387, 
Wool waste, wet,'' ``UN1856, Rags, oily,'' ``UN1857, Textile waste, 
wet,'' and ``UN3360, Fibers, vegetable, dry.'' In the case of these 
particular entries, they are forbidden for air transport in the ICAO 
Technical Instructions. While reviewing this amendment, PHMSA found 
that all of these entries except for ``UN3360, Fibers, vegetable, 
dry,'' are also identified as only being regulated for air and vessel 
transportation as denoted by the symbols ``A'' and ``W'' in column (1). 
For UN3360, the symbols ``I'' and ``W'' are presently assigned in 
column (1) and the quantity limit in column (9) is ``No Limit'' for 
both passenger and cargo air. This is inconsistent with the ICAO 
Technical Instructions which forbid this material for transport by air. 
Therefore, consistent with the ICAO Technical Instructions for the 
UN3360 entry, PHMSA proposes to add the symbol ``A'' to column (1) and 
amend column (9) to read ``Forbidden.'' This is further consistent with 
the entries for similar materials ``UN1372, Fibers, animal or Fibers, 
vegetable'' and ``UN1373, Fibers or Fabrics, animal or vegetable or 
Synthetic, n.o.s.'' that are also assigned the symbol ``A'' in column 
(1) and ``Forbidden'' in column (9). PHMSA expects that this change 
will facilitate international air transportation and save shippers time 
and costs by preventing delayed and rejected shipments.
Column (2) Hazardous Materials Descriptions and Proper Shipping Names
    Section 172.101(c) describes column (2) of the HMT and the 
requirements for hazardous materials descriptions and proper shipping 
names. The UN Model Regulations contain the entry ``UN3363, Dangerous 
Goods in Articles or Dangerous Goods in Machinery or Dangerous Goods in 
Apparatus,'' in its Dangerous Goods List; however, the HMT entry UN3363 
does not include ``Dangerous Goods in Articles or,'' in the proper 
shipping name. PHMSA proposes to add ``Dangerous Goods in Articles 
or,'' to the proper shipping name. This change provides flexibility for 
shippers selecting the most appropriate proper shipping name by adding 
a third option in the proper shipping name associated with this UN 
Number. Additionally, for the proper shipping name ``Fuel system 
components (including fuel control units (FCU), carburetors, fuel 
lines, fuel pumps)'' which currently directs HMT users to ``see 
Dangerous Goods in Apparatus or Dangerous Goods in Machinery'', PHMSA 
proposes to amend the directions to include a reference to ``Dangerous 
Goods in Articles.'' PHMSA expects that these changes will improve 
hazard communication by including a more specific description for 
articles containing hazardous materials.
    Additionally, for the entry ``UN2522, 2-Dimethylaminoethyl 
methacrylate,'' PHMSA proposes to add the word ``stabilized'' to this 
proper shipping name to identify this material as a polymerizing 
substance. Discussions held by the UNSCOE identified ``UN2522, 2-
Dimethylaminoethyl-methacrylate'' as having a similar molecular 
structure and polymerization behaviors to ``UN 3302, 2-
Dimethylaminoethyl acrylate, stabilized.'' Under the HMR and 
international regulations, polymerizing substances require verification 
that a sufficient level of stabilization is provided prior to 
transportation. This requirement for stabilization is also indicated by 
assignment of Special Provision 387 in the HMT, which PHMSA proposes to 
add for UN2522.
    Finally, for the entry ``UN3171, Battery-powered vehicle or 
Battery-powered equipment,'' PHMSA proposes to make an editorial change 
to italicize the ``or'' in the hazardous material description. 
Currently, the ``or'' is in roman type and not italicized. Section 
172.101(c) introductory text instructs that proper shipping names are 
limited to those in roman type. Moreover, the current form of the entry 
is such that a person may confuse the proper shipping name with the 
whole description and not the option of ``Battery-powered vehicle'' or 
``Battery-powered equipment.'' Therefore, PHMSA proposes revising the 
entry to read ``Battery-powered vehicle or Battery-powered equipment.''
Column (5) Packing Group
    Section 172.101(f) describes column (5) of the HMT, which specifies 
one or more packing groups (PG I, II or III), assigned to certain 
materials. A PG indicates the required level of packaging according to 
the degree of danger presented by hazardous materials. PG I indicates 
the greatest level of danger, PG II corresponds to a medium level of 
danger, and PG III corresponds to a minor danger.
    For consistency with the UN Model Regulations, PHMSA proposes to 
remove the assignment of PG II as indicated in column (5) for the entry 
``UN3291, Regulated medical waste, n.o.s. or Clinical waste, 
unspecified, n.o.s. or (BIO) Medical waste, n.o.s. or Biomedical waste, 
n.o.s., or Medical Waste n.o.s.'' This entry is the only entry with a 
Division 6.2 classification that has PG II assigned in column (5). 
Amending this entry not to include PG II would align with international 
regulations and Sec.  172.101(f), which specifically states that 
Division 6.2 materials are not assigned packing

[[Page 43854]]

groups in the HMR. For packing purposes, any requirement for a specific 
packaging performance level is set out in the applicable packing 
authorizations of part 173. Instead of having PG II indicated in Column 
(5), packing provisions for these materials would continue to be 
outlined in Sec.  173.197. PHMSA expects this editorial change will 
maintain the current level of safety as no packing provisions are 
changing.
Column (6) Label Codes
    Section 172.101(g) describes column (6) of the HMT, which contains 
label codes representing the hazard warning labels required for 
specific hazardous materials in the HMT. In the HM-215O final rule,\15\ 
PHMSA added twelve HMT entries as part of a classification scheme for 
articles containing hazardous materials not otherwise specified by name 
(i.e., n.o.s. entries) in the HMR. The entries were inadvertently added 
without label codes in column (6). PHMSA proposes to correct the 
entries here by adding the appropriate label codes to the following:
---------------------------------------------------------------------------

    \15\ 85 FR 27810 (May 11, 2020).

 UN3537 Articles containing flammable gas, n.o.s.
 UN3538 Articles containing non-flammable, non-toxic gas, 
n.o.s.
 UN3539 Articles containing toxic gas, n.o.s.
 UN3540 Articles containing flammable liquid, n.o.s.
 UN3541 Articles containing flammable solid, n.o.s.
 UN3542 Articles containing a substance liable to spontaneous 
combustion, n.o.s.
 UN3543 Articles containing a substance which in contact with 
water emits flammable gases, n.o.s.
 UN3544 Articles containing oxidizing substance, n.o.s.
 UN3545 Articles containing organic peroxide, n.o.s.
 UN3546 Articles containing toxic substance, n.o.s.
 UN3547 Articles containing corrosive substance, n.o.s.
 UN3548 Articles containing miscellaneous dangerous goods, 
n.o.s.
Column (7) Special Provisions
    Section 172.101(h) describes column (7) of the HMT, which assigns 
special provisions for each HMT entry. Section 172.102 provides for the 
meaning and requirements of the special provisions assigned to entries 
in the HMT. The proposed revisions to column (7) of certain entries in 
the HMT are discussed below. Also, see Sec.  172.102 of the Section-By-
Section Review below for a detailed discussion of the special provision 
amendments addressed in this NPRM.
Special Provision 196:
    PHMSA proposes to add new Special Provision 196 to the following 
HMT entries to outline thermal stability testing requirements for their 
transportation:

 UN0340, Nitrocellulose, dry or wetted with less than 25 
percent water (or alcohol), by mass
 UN0341, Nitrocellulose, unmodified or plasticized with less 
than 18 percent plasticizing substance, by mass
 UN0342, Nitrocellulose, wetted with not less than 25 percent 
alcohol, by mass
 UN0343, Nitrocellulose, plasticized with not less than 18 
percent plasticizing substance, by mass.
Special Provision 197
    PHMSA proposes to assign new Special Provision 197 to the following 
entries in the HMT to outline thermal stability testing requirements 
for their transportation:

 UN2555, Nitrocellulose with water with not less than 25 
percent water, by mass
 UN2556, Nitrocellulose with alcohol with not less than 25 
percent alcohol by mass, and with not more than 12.6 percent nitrogen, 
by dry mass
 UN2557, Nitrocellulose, with not more than 12.6 percent 
nitrogen, by dry mass mixture with or without plasticizer, with or 
without pigment UN3380, Desensitized explosives, solid, n.o.s.
Special Provision 360
    PHMSA proposes to assign Special Provision 360 to the following HMT 
entries:

 UN3481, Lithium ion batteries, contained in equipment or 
packed with equipment including lithium ion polymer batteries
 UN3091, Lithium metal batteries, contained in equipment or 
packed with equipment including lithium alloy batteries

    Special Provision 360 instructs that vehicles only powered by 
lithium batteries must be assigned the identification number UN3171. 
See Section 172.102 Special Provisions for further discussion of 
Special Provision 360.
Special Provision 387
    PHMSA proposes to assign Special Provision 387 to the HMT entry for 
``UN2522, 2-Dimethylaminoethyl methacrylate.'' Special Provision 387 
provides additional instructions for hazardous materials stabilized by 
chemical or temperature controls to ensure a level of stabilization 
prior to transportation sufficient to prevent the material from 
dangerous polymerization. The rationale for this change is discussed 
further below.
Portable Tank Special Provisions
    PHMSA proposes to remove Special Provisions TP39 and T41 for the 
entries ``UN2381, Dimethyl disulfide'' and ``UN3148, Water-reactive 
liquid, n.o.s.'' respectively, as the transition period has expired. In 
HM-215L,\16\ PHMSA added Special Provisions TP39 and TP41. Special 
Provision TP39 was assigned to HMT entry UN2381 and Special Provision 
TP41 was assigned to HMT entry UN3148. PHMSA added these two special 
provisions to provide more time for portable tank transporters to 
transition their fleets in compliance with portable-tank specific 
requirements in Special Provisions T4 and T9. Special Provision TP39 
authorized continued use of portable tank requirements in Special 
Provision T4 until December 31, 2018. Special Provision TP41 authorized 
the continued use of portable tank instruction T9 until December 31, 
2018. Since that date has passed, TP39 and TP41 are no longer 
necessary.
---------------------------------------------------------------------------

    \16\ 78 FR 987; (Jan. 1, 2013).
---------------------------------------------------------------------------

Column (9) Quantity Limitations
    Section 172.101(j) explains the purpose of column (9) in the HMT. 
Column (9) specifies quantity limitations for packages transported by 
air and rail. Column (9) is divided into two columns: Column (9A) 
provides quantity limits for passenger aircraft/rail; and column (9B) 
provides quantity limits for cargo aircraft. The proposed revisions 
only address transportation by aircraft, as the UN Model Regulations 
did not contemplate any changes to the limitations for transport via 
rail.
    The ICAO Technical Instructions have added provisions allowing 
``UN2216, Fish meal, stabilized or Fish scrap, stabilized'' to be 
transported by aircraft when also meeting the provisions of ICAO 
Special Provision A219. Consistent with the ICAO Technical 
Instructions, PHMSA proposes to amend Column 9 for this entry to 
indicate quantity limits for passenger and cargo aircraft of 100 kg and 
200 kg, respectively.
    As a conforming amendment, PHMSA is also proposing to revise the 
Sec.  173.218 packaging requirements for fish meal and fish scrap to 
reflect the authorization to transport this material by aircraft in 
addition to vessel. See

[[Page 43855]]

SECTION 173.218 of the Section-By-Section Review for further detail.
Column (10) Vessel Stowage
    Section 172.101(k) explains the purpose of Column (10) of the HMT 
and prescribes the vessel stowage and segregation requirements for 
specific entries. Column (10) is divided into two columns: Column (10A) 
[Vessel stowage] specifies the authorized stowage locations on board 
cargo and passenger vessels; and Column (10B) [Other provisions] 
specifies special stowage and segregation provisions.
    In Column (10A) for the entry for ``UN3135, Water-reactive solid, 
self-heating, n.o.s, PG I,'' consistent with the IMDG Code, PHMSA 
proposes to amend the assigned stowage category from ``E'' to ``D.'' 
This proposed change means the material must be stowed ``on deck only'' 
on a cargo vessel or on a passenger vessel carrying a number of 
passengers limited to the greater of 25 passengers total or one 
passenger for each 3 meters of overall vessel length; transport would 
be prohibited on a passenger vessel in which those passenger limits 
have been exceeded. Stowage category ``E'' is currently assigned to 
this material which allows ``under deck'' storage. This proposed change 
is consistent with the stowage category for other Division 4.3, PG I, 
materials with subsidiary hazards that are also assigned stowage 
category ``D'' for ``on deck only'' stowage. The IMDG Code removed 
approval requirements (Special Provision 76) from this material and the 
assignment of appropriate transport provisions.
    For the ``UN2900, Infectious substances, affecting animals only'' 
and ``UN2814, Infectious substances, affecting humans,'' PHMSA proposes 
to amend the assigned stowage category from ``B'' to ``E.'' This 
proposed change would allow ``on deck'' or ``under deck'' stowage, but 
would not allow stowage onboard when the number of passengers exceeds 
25. This proposed change aligns with the IMDG Code assignment of this 
stowage category to these materials and is not expected to materially 
change the nature of authorized transport options for these materials.
    Additionally, consistent with changes to the IMDG Code, PHMSA 
proposes numerous changes to the special stowage and segregation 
provisions indicated in column (10B) of the HMT, labeled ``other 
provisions.'' PHMSA proposes to assign stowage code 52, which requires 
stowage ``separated from'' acids, to several entries in the HMT that 
are in a group of chemicals called alcoholates. Segregation from acids 
is currently not required by the HMR for these materials. However, 
alcoholates are strong alkaline substances that react vigorously with 
acids. Stowage code 52 would be assigned to the following HMT entries:

 UN1289, Sodium methylate solutions in alcohol
 UN1431, Sodium methylate
 UN3206, Alkali metal alcoholates, self-heating, corrosive, 
n.o.s.
 UN3274, Alcoholates solution, n.o.s., in alcohol

    For the entries ``UN2900, Infectious substances, affecting animals 
only'' and ``UN2814, Infectious substances, affecting humans,'' PHMSA 
proposes adding stowage codes 13 and 95 and new stowage code 155. 
Stowage codes 13 and 95 require keeping material as dry as reasonably 
practicable and stowage ``separated from'' foodstuffs. The IMDG Code 
has varying levels of stowage either ``away from'' or ``separated 
from'' foodstuffs depending on the type of shipment (e.g., 
containerized or break-bulk). PHMSA proposes the more restrictive 
``separated from,'' regardless of the type of shipment, and 
specifically solicits comments on this proposal. The stowage of these 
materials separated from foodstuffs is expected to prevent inadvertent 
cross contamination of food stuffs. New stowage code 155 requires 
vessel carriers to keep handling of the packages to a minimum and to 
inform the appropriate authority or veterinary authority where persons 
or animals may have been exposed to the package contents. Additionally, 
this handling restriction and communication requirement may facilitate 
reducing exposure and contract tracing surrounding UN2814 packages that 
contain COVID-19 materials. With the exception of the general 
``separated from'' proposed language, these proposals are consistent 
with IMDG Code requirements.
    Additionally, for the PG II and III entries of ``UN3129, Water-
reactive liquid, corrosive, n.o.s,'' ``UN3132, Water-reactive solid, 
flammable, n.o.s,'' and ``UN3135, Water-reactive solid, self-heating, 
n.o.s,'' which are all water reactive Division 4.3 materials, PHMSA 
proposes adding stowage code 85 to column (10B). Stowage code 85 
requires ``under deck'' stowage in mechanically ventilated spaces. This 
proposal is intended to ensure that if the cargo is stowed under deck, 
adequate mechanical ventilation is provided. Mechanical ventilation is 
important to ensure any potential dangerous gases or vapors released 
are expelled from the cargo hold and not allowed to build up below 
deck.
    PHMSA proposes adding stowage code 156 to the lithium battery 
entries ``UN3090, Lithium metal batteries,'' ``UN3091, Lithium metal 
batteries contained in equipment, or Lithium metal batteries packed 
with equipment,'' ``UN3480, Lithium ion batteries,'' and ``UN3481, 
Lithium ion batteries contained in equipment or Lithium ion batteries 
packed with equipment'' in the HMT in column (10B). This new stowage 
code assignment requires that, in lieu of the stowage category A 
assigned in column (10A) in the current HMR which allows stowage ``on 
deck'' or ``under deck,'' lithium batteries that are offered in 
transportation for purposes of disposal or recycling, or that are 
offered under damaged or defective provisions (see Sec.  173.185(f) of 
the HMR), would be required to be stowed in accordance with stowage 
category C which requires ``on deck only'' stowage on cargo and 
passenger vessels. PHMSA expects that this new stowage code will 
enhance the safety of shipment of lithium batteries expected from 
anticipated increases in use of lithium batteries in the transportation 
and other economic sectors in the years ahead.
    PHMSA proposes adding stowage code 157 to column (10B) for numerous 
entries in the HMT. Stowage code 157 would require aerosols, small 
receptacles containing gas, or gas cartridges transported for purposes 
of recycling or disposal, to be stowed in accordance with stowage 
category C, which requires ``on deck only'' stowage, and to be clear of 
living quarters. This stowage code requirement is in lieu of the 
stowage category A assigned in column (10A) in the current HMR allowing 
``on deck'' or ``under deck'' stowage. PHMSA proposes to add new 
stowage code 157 to the following entries in the HMT:

 UN1950, Aerosols, corrosive, Packing Group II or III, (each 
not exceeding 1 L capacity)
 UN1950, Aerosols, flammable, (each not exceeding 1 L capacity)
 UN1950, Aerosols, flammable, n.o.s. (engine starting fluid) 
(each not exceeding 1 L capacity)
 UN1950, Aerosols, non-flammable, (each not exceeding 1 L 
capacity)
 UN1950, Aerosols, poison, Packing Group III (each not 
exceeding 1 L capacity)
 UN2037, Gas cartridges, (flammable) without a release device, 
non-refillable
 UN2037, Receptacles, small, containing gas or gas cartridges 
(flammable) without release device, not refillable and not exceeding 1 
L capacity

[[Page 43856]]

 UN2037, Receptacles, small, containing gas or gas cartridges 
(non-flammable) without release device, not refillable and not 
exceeding 1 L capacity
 UN2037, Receptacles, small, containing gas or gas cartridges 
(oxidizing), without release device, not refillable and not exceeding 1 
L capacity
Section 172.102 Special Provisions
    Section 172.102 lists special provisions applicable to the 
transportation of specific hazardous materials. Special provisions 
contain various provisions including packaging requirements, 
prohibitions, and exceptions applicable to particular quantities or 
forms of hazardous materials. PHMSA proposes the following revisions to 
the special provisions in this section:
Special Provision 47
    Special Provision 47 allows mixtures of solids that are not subject 
to the HMR and Class 3 flammable liquids to be transported as flammable 
solid material described as ``UN3175, Solids containing flammable 
liquid, n.o.s., 4.1,'' without applying the Division 4.1 classification 
criteria. This classification is permitted provided that there is no 
free liquid visible at the time the material is loaded or at the time 
the packaging is closed. In addition to providing classification 
testing relief for these items, this special provision provides further 
relief from the HMR for packets and articles, generally referred to as 
small inner packagings, if they contain less than 10 mL of a Class 3 
liquid (in Packing Group II or III) and if the liquid is absorbed 
(i.e., no free liquid in the packet or article) onto a solid material. 
This special provision is widely used for articles such as alcohol 
wipes, and due to the ongoing COVID-19 public health emergency, these 
items are being transported in increasing numbers to meet demand. While 
many of these wipes, depending how they are packed, meet the conditions 
of this special provision and qualify for exception from regulation, 
confusion around the wording of the packaging conditions to qualify for 
the exception has led to an editorial amendment in the ICAO Technical 
Instructions.
    On December 31, 2020, in an addendum to the 2021-2022 edition of 
the ICAO Technical Instructions, Special Provision A46 was amended to 
remove a reference to ``small inner packaging'' related to the sealed 
packets and articles. Prior to this amendment, and as currently 
provided in the HMR in Special Provision 47, it reads that to be 
excepted from the HMR, ``small inner packagings consisting of sealed 
packets and articles containing less than 10 mL of a Class 3 liquid in 
Packing Group II or III absorbed onto a solid material are not subject 
to this subchapter provided there is no free liquid in the packet or 
article.'' The phrasing is ambiguous enough that shippers may 
misinterpret the language as instructing them to pack small inner 
packagings with the sealed packets or articles. Instead, the intent of 
``small inner packagings'' was to describe sealed packets and articles. 
The amendment to Special Provision A46 in the ICAO Technical 
Instructions is consistent with other provisions in the ICAO Technical 
Instructions; for example, Special Provision A158 clearly states that 
sealed packets and articles containing less than 10 mL of an 
environmentally hazardous liquid are not subject to the requirements 
when certain conditions are met. PHMSA agrees with the amendment made 
in the ICAO Technical Instructions removing the reference to ``small 
inner packagings'' to avoid confusion and proposes to make the same 
revision in Special Provision 47 to clarify the exception within the 
HMR. PHMSA expects this clarification of its regulations will 
facilitate the transport of hygienic products intended to prevent the 
spread of COVID-19.
Special Provision 134
    Special Provision 134 provides instruction on the use of the HMT 
entry ``UN3171, Battery-powered vehicle or Battery-powered equipment,'' 
stipulating that it applies only to vehicles or equipment powered by 
wet batteries, sodium batteries, lithium metal batteries, or lithium 
ion batteries that are transported with these batteries installed. 
PHMSA proposes to amend language in Special Provision 134 to clarify 
its use in connection with lithium batteries installed in cargo 
transport units. Under the proposed amendment, these items would be 
described by a separate entry in the HMT, specifically, ``UN3536, 
Lithium batteries installed in cargo transport unit'' for which there 
are unique transportation requirements that do not apply to transport 
of battery-powered vehicles or equipment. PHMSA is also amending the 
language in this special provision to replace the phrase ``consigned 
under'' with the phrase ``described using'' to provide a more easily-
accessible, plain language understanding of the requirement.
Special Provision 135
    Special Provision 135 provides instruction for selecting the 
appropriate proper shipping name for vehicles with internal combustion 
engines powered by various fuel sources, such as a flammable gas, 
flammable liquid, or fuel cell. PHMSA proposes to amend Special 
Provision 135 to specify that lithium batteries installed in cargo 
transport units (UN3536), which are designed only to provide power 
external to the transport unit, may not be classified as an internal 
combustion engine installed in a vehicle. PHMSA expects that adding 
this clarifying language will avoid misclassifying lithium batteries in 
cargo transport units. Additionally, consistent with changes to Special 
Provision 134, PHMSA proposes to amend the language in this special 
provision to replace the phrase ``consigned under'' with the phrase 
``described using'' to the entries to provide consistency across 
similar provisions and improve understanding of the requirement.
Special Provision 136
    Special Provision 136 provides instructions regarding the use of 
the HMT entry ``UN3363, Dangerous Goods in Apparatus or Dangerous Goods 
in Machinery'' and indicates that this UN number and the associated 
proper shipping names are only applicable to machinery and apparatus 
containing hazardous materials as an integral element of the machinery 
or apparatus. In light of the proposed addition of ``Dangerous Goods in 
Articles'' to the list of acceptable proper shipping names for UN3363 
(see Sec.  172.101 of the Section-By-Section Review), PHMSA proposes to 
revise this special provision to add the words ``articles'' where 
machinery and apparatus are mentioned. PHMSA expects this proposed 
change to improve consistency across HMR provisions where UN3363 is 
discussed.
Special Provision 147
    Special Provision 147, assigned to UN3375, provides instruction on 
the description and classification criteria for non-sensitized 
emulsions, suspensions, and gels consisting mostly of ammonium nitrate 
and fuel, intended to produce a Type E blasting explosive only after 
further processing prior to use, which are transported as ``UN3375, 
Ammonium nitrate emulsion or Ammonium nitrate suspension or Ammonium 
nitrate gel, intermediate for blasting explosives.'' Currently, the HMR 
requires applicants to pass Test Series 8(a), (b), and (c) of the UN 
Manual of Tests and Criteria, when requesting an approval for 
transportation under UN3375. However, PHMSA proposes to revise the last

[[Page 43857]]

sentence of Special Provision 147 by removing the specific requirement 
to pass Tests 8(a), (b), and (c), so that it can be met by passing any 
test in Test Series 8 of the UN Manual of Tests and Criteria. Modifying 
Special Provision 147 as proposed would align with the equivalent 
special provision in the UN Model Regulations (SP 309) which was 
amended similarly. PHMSA proposes this change to reflect and allow for 
the inclusion of an additional test in the Test Series 8 provided in 
the UN Manual of Tests and Criteria. In the 7th revised edition UN 
Manual of Tests and Criteria Test Series 8 was expanded to include Test 
8(e) as an alternative to 8(c). This change in testing was the result 
of technical discussions and amendment proposals held during UNSCOE 
meetings. At the 47th session of the United Nations Sub-Committee of 
Experts on the Transport of Dangerous Goods, the EWG concluded that the 
UN Test 8(c) was unsuitable for ammonium nitrate emulsions (ANEs) due 
to a flaw in the method which could lead to a false positive under 
certain conditions.\17\
---------------------------------------------------------------------------

    \17\ https://unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/UN-SCETDG-53-INF22e.pdf.
---------------------------------------------------------------------------

    PHMSA expects that removing this requirement to specifically pass 
the 8(c) test will mitigate the risk of receiving a false positive 
result and consequently inaccurate classification. It would also allow 
shippers the ability to perform additional classification testing as 
provided in the seventh revised edition of the UN Manual Test Criteria.
Special Provisions 196 and 197
    PHMSA proposes to add Special Provisions 196 and 197 pertaining to 
transportation of nitrocellulose. These new special provisions would 
require that manufacturers of nitrocellulose products ensure that these 
Class 1 and Class 4 materials employ certain tests verifying that the 
materials meet specific stability requirements to avoid the danger of 
self-ignition. Those test methods determine whether a material is 
stable when subjected to elevated temperatures in transportation, which 
is critical to the safe transportation of materials such a 
nitrocellulose. Special Provision 196 applies to nitrocellulose of 
Class 1 (explosive) nitrocellulose materials (UN0340, UN0341, UN0342, 
and UN0343), and specifically excepts those materials from Type 3(c) 
thermal stability testing. Special Provision 197 is assigned to 
nitrocellulose materials in Class 4 (UN2555, UN2556, UN2557, and 
UN3380).
Special Provision 360
    Special Provision 360 provides instruction to aid in proper 
identification of a battery-powered vehicle that contains lithium 
batteries. Currently, Special Provision 360 states that vehicles 
powered solely by lithium batteries must be identified as ``UN3171, 
Battery-powered vehicle or Battery-powered equipment.'' In HM-215O, 
PHMSA added a new UN entry, ``UN3536, Lithium batteries installed in 
cargo transport unit lithium ion batteries or lithium metal 
batteries.'' PHMSA proposes to revise Special Provision 360 to better 
distinguish between the various types of equipment with lithium 
batteries. The revised language would specify that lithium batteries 
that are installed in cargo transport units which are designed only to 
provide power external to the transport unit must be transported as 
``UN3536, Lithium batteries installed in a cargo transport unit lithium 
ion batteries or lithium metal batteries,'' making them subject to 
packaging provisions and exceptions outlined in Special Provision 389. 
The intent of this language is to clarify further that these batteries 
should not be described and transported as ``UN3091, Lithium metal 
batteries, contained in equipment including lithium alloy batteries'' 
or ``UN3481, Lithium ion batteries, contained in equipment including 
lithium ion polymer batteries.''
    Furthermore, Special Provision 360 was originally assigned to the 
HMT entry ``UN3091, Lithium batteries, contained in equipment,'' 
however, in final rule HM-224F,\18\ PHMSA adopted separate entries 
based on the lithium battery chemistry, i.e., ``UN3091, Lithium metal 
batteries, contained in equipment including lithium alloy batteries'' 
or ``UN3481, Lithium ion batteries, contained in equipment including 
lithium ion polymer batteries.'' In doing so, PHMSA inadvertently did 
not make a conforming revision to assign Special Provision 360 to these 
separate descriptions in the HMT. Consistent with the proposed 
revisions to Special Provision 360 to clarify appropriate use of 
descriptions for lithium battery equipment, PHMSA proposes to assign 
this special provision to the two lithium battery descriptions for 
contained in equipment and packed with equipment. Finally, PHMSA is 
also revising the text ``assigned to'' to read ``described using'' to 
improve understanding of the special provision instruction.
---------------------------------------------------------------------------

    \18\ 79 FR 46012 (Aug. 16, 2014).
---------------------------------------------------------------------------

Special Provision 370
    Special Provision 370 is currently assigned to ``UN0222, Ammonium 
nitrate, with more than 0.2 percent combustible substances, including 
any organic substance calculated as carbon, to the exclusion of any 
other added substance.'' The entry UN0222 (1.1D) is intended for 
certain ammonium nitrates that are not a commercially manufactured 
product and this entry is typically used to identify contaminated 
ammonium nitrate or ammonium nitrate fertilizers that give a positive 
result when tested in accordance with Test Series 2 of the UN Manual of 
Tests and Criteria. However, Special Provision 370 currently states 
that a hazardous material may also be classified as UN0222 even if it 
has more that 0.2 percent combustible substances. PHMSA proposes to 
amend special provision 370 to better clarify when the entry for UN0222 
may be applied. Clarifying this classification instruction is necessary 
to ensure that more readily transported materials, such as ammonium 
nitrate mixed with fuel oil (ANFO), are not improperly transported as 
UN0222, which should be reserved for special non-commercial purposes. 
Given that inappropriately classified items pose an inherent safety 
risk to emergency responders, PHMSA proposes to revise Special 
Provision 370 to provide clarifying language to ensure that certain 
ammonium nitrate materials (such as ANFO) are not described and 
classified as ``UN0222, Ammonium nitrate.'' Specifically, the amendment 
to this special provision stipulates that this UN entry should not be 
used when other applicable proper shipping names exist.
Special Provision 379
    Special Provision 379 provides conditions for exception from full 
regulation under the HMR for anhydrous ammonia adsorbed or absorbed on 
a solid contained in ammonia dispensing systems or receptacles intended 
to form part of such systems. Among these conditions, Special Provision 
379 requires that receptacles containing adsorbed or absorbed ammonia 
must be made of a material compatible with ammonia as specified in ISO 
11114-1:2012(E), ``Gas cylinders--Compatibility of cylinder and valve 
materials with gas contents--Part 1: Metallic materials.'' PHMSA 
proposes to revise language in Special Provision 379 to add a reference 
to an amendment to ISO standard 11114-1:2012(E), specifically, ISO 
11114-1:2012/Amd 1:2017(E) and correct the unintentional omission of 
the (E) to

[[Page 43858]]

indicate the English language edition. As part of ISO's regular five-
year review of its standards, the 2012 version of this document was 
amended through the issuance of document ISO 11114-1:2012/Amd 
1:2017(E). The amended ISO standard provides more explicit instructions 
on the permissible concentrations of gases containing halogens in 
aluminum cylinders. It also provides amended requirements for butylene, 
hydrogen cyanide, hydrogen sulfide, and nitric oxide. Consequently, the 
21st revised edition of the UN Model Regulations updated all references 
to the 2012 edition to include a reference to the amendment (ISO 11114-
1:2012/Amd 1:2017(E)). PHMSA proposes similar conforming revisions. See 
SECTION 171.7 Section-by-Section discussion. Therefore, PHMSA also 
proposes to revise this special provision. In the course of its review 
of the 2017 amendment for ISO standard 11114, PHMSA determined that it 
enhances safety of transport and therefore, is appropriate for 
inclusion as an updated condition for transport of ammonia dispensing 
systems or receptacles intended to form part of such systems.
Special Provision 430
    PHMSA proposes to add Special Provision 430 and assign it to the 
new HMT entry ``UN3549, Medical Waste, Category A, Affecting Humans, 
solid or Medical Waste, Category A, Affecting Animals only, solid'' 
discussed above. As with other special provisions that provide 
instruction pertaining to appropriate use of proper shipping names, 
PHMSA proposes to add Special Provision 430 to stipulate that only 
solid medical waste of Category A, which is being transported for 
disposal, may be described using this entry. The intent of this added 
language is to simplify the regulations and ensure proper 
classification of medical wastes to ensure safe transportation.
Special Provision 441
    The UN Model Regulations and the IMDG Code contain an exception in 
their Special Provision 274 pertaining to ``UN3077, Environmentally 
hazardous substance, solid, n.o.s.'' and ``UN3082, Environmentally 
hazardous substance, liquid, n.o.s.'' Special Provision 274 requires a 
proper shipping name to be supplemented with a technical name, in the 
same manner as the letter ``G'' is assigned in the HMT. When a ``G'' is 
listed in Column (1) of the HMT in association with a particular entry, 
the proper shipping name must be supplemented with a technical name. 
For context, in both the UN Model Regulations and the HMT, when generic 
proper shipping names (e.g., n.o.s. proper shipping names) are used, a 
technical name must be provided as part of the basic description to 
provide additional information for hazard communication related to the 
material being shipped. For example, the HMT entry ``UN1760, Corrosive 
liquid, n.o.s.,'' provides a generic description of a corrosive liquid 
and, therefore, marking and shipping papers requirements necessitate a 
technical name pertaining to the corrosive liquid (e.g., octanoyl 
chloride).
    The new exception in Special Provision 274 modifies the requirement 
to supplement the proper shipping name with a technical name. The 
revision, which is specifically for materials shipping under UN3077 or 
UN3082, allows the use of a proper shipping name found on the Dangerous 
Goods List (the IMDG Code and UN Model Regulations' equivalent of the 
HMT) to be used in place of a technical name, provided that it does 
not: (1) Include ``n.o.s.'' as part of the proper shipping name and; 
(2) is not an entry assigned Special Provision 274. In practice, this 
means that items, such as paint, that might be shipped as ``UN3082, 
Environmentally hazardous substance n.o.s.,'' are no longer required to 
include a supplemental technical name, and instead are permitted to 
include the more readily-recognizable name of the commodity (paint) on 
markings and shipping papers. For common commodities such as paint with 
various chemical components, emergency responders rely less on 
determining the specific chemical for performance of emergency response 
and respond to the known hazards of the commodity. PHMSA expects 
streamlining the hazardous material description requirements in this 
manner will help facilitate appropriate emergency response without a 
reduction in safety.
    While the UN Model regulations broadly provided this relief for 
UN3077 and UN3082, environmentally hazardous materials classified under 
these UN numbers are applicable to a narrower scope of materials under 
the IMDG Code. Under the IMDG Code, ``environmentally hazardous 
substances'' are those that are pollutants specifically for aquatic 
environments (which is equivalent to marine pollutants under the HMR) 
whereas the UN model regulations are broadly applicable to aquatic and 
other environments.
    PHMSA proposes to mirror expansion by the UN Model Regulations and 
IMDG Code's Special Provision 274 of acceptable technical names for 
marine pollutants transported under UN3077 and UN3082 by adding a new 
Special Provision 441 to the HMR. This special provision would provide 
the same shipping description flexibility specifically for marine 
pollutants by removing the requirement to supplement the proper 
shipping name associated with UN3077 and UN3082 with a technical name. 
PHMSA also proposes modifying Sec. Sec.  172.203(l) and 172.322 to 
maintain alignment with the IMDG Code with regard to the documentation 
and marking requirements when marine pollutant components are present 
in hazardous materials. In addition to providing logistical benefits 
for shippers, PHMSA expects that the use of readily recognizable common 
commodity names instead of technical names will facilitate emergency 
response by making the hazardous material more quickly and easily 
identifiable. See Sec. Sec.  172.203(l) and 172.322 of the Section-By-
Section Review for additional discussions on proposals related to this 
amendment.
Special Provisions TP39 and TP 41
    PHMSA proposes to remove portable tank special provisions TP39 and 
TP 41. The sunset provisions in special provisions TP39 and TP41 
allowing use of other portable tank special provisions expired on 
December 31, 2018, and thus, PHMSA proposes removing them from the HMR 
to prevent the use of these expired provisions. See Sec.  172.101 of 
the Section-By-Section Review for further detail of the deletion of 
these portable tank special provisions from the HMR.
Section 172.203
    Section 172.203 prescribes additional description requirements for 
shipping papers. PHMSA proposes to revise paragraphs (i)(2) and (l)(1), 
and add new paragraphs (i)(4) and (q). Each proposed change is further 
described below, along with PHMSA's rationale for proposing the 
changes.
    In paragraph (i), which provides requirements specific to vessel 
transportation, PHMSA proposes to clarify that the documentation of the 
flashpoint on shipping papers, as required in paragraph (i)(2), is only 
required for liquid hazardous materials that have a primary or 
subsidiary hazard of Class 3 and a flashpoint of 60[deg]C or below (in 
[deg]C closed-cup (c.c.)). This change aims to prevent the shipping 
delays resulting from confusion on how this documentation requirement 
applied to items for which flashpoint is not an appropriate 
classification criterion (e.g., aerosols and flammable solids).

[[Page 43859]]

Furthermore, limiting the flashpoint information to a narrower subset 
of hazardous materials ensures identifying information of the materials 
in transport better aligns with the material properties of those 
materials because flashpoint is a safety-relevant criterion only for 
dangerous goods that are liquids with a main or subsidiary hazard of 
Class 3. PHMSA does not expect any reduction in safety as a result of 
this editorial change given that this change ensures that information 
regarding the flashpoint is only provided for items in which flashpoint 
is a safety-relevant criterion; avoidance of the delays in 
transportation experienced in the past also reduces the risks 
associated with that transportation.
    PHMSA also proposes adding a new paragraph (i)(4), that would 
require shipments of lithium batteries that are offered into 
transportation for purposes of disposal or recycling, or offered under 
the damaged or defective provisions in Sec.  173.185(f), to indicate on 
shipping papers one of the following disclaimers, as appropriate: 
``DAMAGED/DEFECTIVE,'' ``LITHIUM BATTERIES FOR DISPOSAL,'' or ``LITHIUM 
BATTERIES FOR RECYCLING.'' This proposed change is consistent with 
changes adopted in the IMDG Code, and associated with an additional 
proposed revision to Sec.  176.84 of the HMR to require lithium 
batteries that are damaged or defective, or those that are being 
transported for disposal or recycling, to be stowed in accordance with 
stowage category C requirements authorizing ``on deck only'' stowage 
instead of the currently-authorized ``on deck'' or ``under deck'' 
options. This additional shipping paper requirement would help 
communicate information about the batteries to individuals making 
stowage plans for the vessel, provide a mechanism for ensuring the ``on 
deck'' stowage of these materials, and allow for more easily 
identifiable and effective response actions in the event of a fire 
involving lithium batteries onboard a vessel. PHMSA expects that these 
revised shipping requirements will contribute to the safe 
transportation of increased volumes of damaged/defective/exhausted 
lithium batteries anticipated as a result of the increased use of 
lithium batteries in the transportation and other economic sectors. For 
additional information on this stowage requirement, see Section 176.84 
of the Section-By-Section Review.
    In paragraph (l)(1), PHMSA proposes to revise the scope of 
hazardous materials for which a specific marine polluting component 
must be identified in association with the basic description (i.e., the 
combination of the UN number, proper shipping name, hazard class, and 
packing group) on a shipping paper. Currently, Sec.  172.203(l) 
specifies that, when the proper shipping name for a hazardous material 
which is a marine pollutant does not identify the component that makes 
the hazardous material a marine pollutant, the name of the marine 
pollutant constituent must appear in parentheses within the basic 
description. PHMSA proposes to revise paragraph (l)(1) to limit the 
scope of this requirement to make it applicable only to generic HMT 
entries (as indicated by the G in Column 1 on the HMT) as well as those 
that have ``n.o.s.'' as part of the proper shipping name. The intent of 
this proposed amendment is to extend the documentation and marking 
flexibility provided by Special Provision 441 (which currently applies 
only to environmentally hazardous substances (UN3077 and UN 3082)) and 
to other hazardous materials that may contain components(s) that are 
marine pollutants. For example, under the current HMR, if ``UN1263, 
Paint'' contains marine pollutants, the basic description required on 
shipping papers and markings would have to include the specific marine 
polluting component(s) that are present in the paint, in addition to 
the words ``marine pollutant'' (e.g., ``UN1263, Paint, 3 (propyl 
acetate, di-n-butyltin di-2-ethylhexanoate) MARINE POLLUTANT''). But 
under this proposed amendment, the basic description for ``UN1263, 
Paint'' would no longer require the addition of the ``marine 
pollutant'' language. Given that emergency responders do not depend on 
the specific technical name provided in association with the shipping 
description to effectively respond to emergencies, PHMSA expects 
streamlining the description to provide more readily recognizable and 
usable information that reflects the hazardous materials involved may 
facilitate emergency response.
    Finally, PHMSA proposes to add a new paragraph (q) to this section 
to require documentation of the holding time for refrigerated liquefied 
gases transported in portable tanks. Holding time is the span of time, 
as determined by testing, that elapses from the time of loading until 
the pressure of the contents, under equilibrium conditions, reaches the 
set point for the lowest pressure control valve or pressure relief 
valve setting. PHMSA proposes to require including the specific date at 
which the holding time ends on the shipping paper for refrigerated 
liquefied gases transported in portable tanks. Knowing the holding time 
assists in preventing unexpected venting while in transportation, which 
could lead to exposure to and risks associated with a hazardous 
material release as well as the loss of product. Including this 
information on the shipping paper would aid in managing the 
transportation of refrigerated liquefied gases to ensure the material 
arrives safely at its destination without an unintended release of 
hazardous materials, including those that are known greenhouse gases 
(GHGs) (e.g., nitrous oxide). PHMSA anticipates that establishing this 
requirement to provide this information for portable tanks will improve 
safety of international transport of refrigerated liquefied gases in 
portable tanks.
Section 172.301
    Section 172.301 prescribes general marking requirements for non-
bulk packagings. PHMSA proposes to amend paragraph (a)(1) to clarify 
that the exception permitting reduced size marking requirements are 
applicable to packages with either 5L or less capacity, or those with a 
5 kilograms (kg) or less net mass. The current HMR text states that the 
exception is applicable to packages with a maximum capacity of 5 kg or 
5 L or less, rather than the maximum net mass, which is the more 
appropriate measure for packages containing solids. A person shipping a 
solid material may unnecessarily apply the volume limitation, when a 
net mass limit is intended. This proposal clarifies that packages for 
solid material may have a maximum net mass of 5 kg or less. This 
editorial change is intended to reduce confusion over the application 
of the exception at Sec.  172.301(a)(1) in that for solid materials, 
the quantity limit is based on the net amount of solid material and not 
the capacity of the packaging the material is placed in. This 
clarification is consistent with similar provisions for solids (net 
mass) and liquids (capacity) throughout the HMR. Ensuring the 
appropriate application of the reduced size marking allowance provides 
consistency across persons using the reduced-size marking and 
therefore, is expected to improve safety of transport.
Section 172.315
    Section 172.315 prescribes the marking requirements for packages of 
limited quantities. Currently, the HMR require that the limited 
quantity mark be applied on at least one side or one end of the outer 
packaging. The 2021-2022 ICAO Technical Instructions clarified that 
marks, in particular those that are applied in a similar manner to 
self-adhesive labels, must be applied on

[[Page 43860]]

one side of a package (i.e., not folded over an edge). Prior to these 
amendments, only hazard communication labels were required to be 
applied to a single side of a package and prohibited from being folded 
around the edge of a package. This requirement was extended to markings 
to ensure visibility and to communicate hazard(s) to the greatest 
extent possible. Consistent with the ICAO Technical Instructions, PHMSA 
proposes adding a new paragraph (b)(3) to require, for air transport, 
that the entire limited quantity mark must appear on one side of the 
package. For detail on the rationale for this proposed requirement, see 
Section 172.406 of the Section-by-Section Review.
Section 172.322
    Section 172.322 prescribes the marking requirements for hazardous 
materials that are also marine pollutants. PHMSA proposes, consistent 
with proposed changes in Special Provision 441 and Sec.  172.203(l)(1) 
discussed above, to limit the scope of hazardous materials, which are 
marine pollutants, that are subject to this technical name marking 
requirement. Specifically, PHMSA proposes to apply the technical name 
marking to proper shipping names that have a ``G'' assigned in column 
(1) of the Sec.  172.101 Hazardous Materials Table or have the text 
``n.o.s.'' as part of the proper shipping name. PHMSA also proposes to 
add language directing shippers using ``UN3077, Environmentally 
hazardous substance, solid, n.o.s.'' or ``UN3082, Environmentally 
hazardous substance, liquid, n.o.s.,'' to Special Provision 441 for 
additional requirements.
Section 172.406
    Section 172.406 specifies the requirements for the placement of 
labels on a package. The 2021-2022 ICAO Technical Instructions 
clarified that marks, in particular those that are applied in a similar 
manner to self-adhesive labels, must be applied on one side of a 
package. The ICAO Technical Instructions have long required that all 
hazard communication labels not be folded (around the edge of a 
packages) and be applied to a single side. This requirement was 
introduced to ensure visibility and communicate hazard(s) to the 
greatest extent possible. In a working group session, the ICAO 
Dangerous Goods Panel agreed that extending this labeling requirement 
to marks was appropriate as marks, like labels, provide hazard 
communication. While PHMSA has not specifically prohibited extending 
labels onto other sides of packaging and allows the use of smaller 
labels to accommodate smaller packagings, PHMSA appreciates the need 
for readily visible hazard communication by air. Therefore, for the 
sake of harmonizing with the ICAO Technical Instructions, and to ensure 
visibility to communicate hazards to the greatest extent possible, 
PHMSA proposes to add specific restrictions on wrapping marks and 
labels for shipments that are transported by air.
    During a review of the specific marking requirements that were 
added in the 2021-2022 ICAO Technical Instructions, PHMSA found that 
the HMR do not contain the same express limitation on ``folding'' of a 
part of a label around the edges of a package such that the entirety of 
a label would have to be on a single side. PHMSA expects that adopting 
both the pre-existing ICAO single side requirement for labels, and the 
recent requirement that marks must be on a single side of a package 
will provide increased visibility of hazard communication on the 
smaller package types that are frequently used in air transport. These 
measures would also reduce ambiguity for air operator employees 
conducting acceptance checks as to whether the package appropriately 
indicates the hazards without having to make a subjective 
determination.
    Therefore, PHMSA proposes to require in a new paragraph 
(a)(1)(iii), that for air transport, the entirety of a required label 
must be displayed on one side of a package. For cylindrical packages 
not containing a traditional side, the labels and/or package must be of 
such dimensions that a label would not overlap itself. In the case of 
cylindrical packages containing radioactive materials, which require 
two identical labels, these labels must be centered on opposite points 
of the circumference and must not overlap each other. If the dimensions 
of the package are such that two identical labels cannot be affixed 
without overlapping each other, one label is acceptable provided it 
does not overlap itself.
    In addition, PHMSA proposes to add requirements that marks must not 
be folded for: the limited quantity mark in Sec.  172.315(b); the 
excepted quantity mark in Sec.  173.4a(g); and the UN3373 Category B 
infectious substance mark in Sec.  173.199(a). The ICAO Technical 
Instructions were also amended to require that the lithium battery 
handling mark be applied on a single side of a package; however, this 
is already prescribed in Sec.  173.185(c)(3)(i), applicable to all 
modes of transport. Regarding the Category B infectious substance mark, 
the proposal would help ensure that any packages containing COVID-19 
materials have appropriate visibility and thus, ensure the safe 
transport of such materials.
Section 172.447
    Section 172.447 prescribes specifications for labels used for 
lithium batteries. PHMSA proposes to remove and reserve paragraph (c), 
which contains an expired transitional exception allowing for continued 
use of labels in conformance with the requirements that had been in 
place on December 31, 2016 until December 31, 2018. Since December 31, 
2018 has passed, the continued use of an outdated label is no longer 
allowed.

C. Part 173

Section 173.4a
    Part 173 contains general requirements for shippers regarding 
shipments and packagings. Section 173.4a prescribes transportation 
requirements for excepted packages. For consistency with the ICAO 
Technical Instructions, PHMSA proposes adding a new paragraph (g)(3) to 
require for air transport that the entire excepted quantity mark must 
be appear on one side of the package. For detail on the rationale for 
this proposed requirement, see Section 172.406 of the Section-by-
Section Review for discussion of the proposed requirement to display a 
mark on a single side.
Section 173.14
    PHMSA proposes to add a new section, Sec.  173.14, to provide 
exceptions from the HMR for certain devices or equipment containing 
hazardous materials that are in actual use or which are intended for 
use during transport. Examples of such devices include cargo tracking 
devices and data loggers attached to, or placed in, packages, 
overpacks, containers, or load compartments. These items often contain 
component hazardous materials, such as lithium batteries or fuel cells, 
necessary to power the device or equipment. The proposed exception 
would provide clarity for these types of devices which are not offered 
into transportation as part of the consignment but instead accompany it 
to collect or disseminate information during transport. Eligibility for 
the exceptions would be limited to equipment that meets conditional 
safety requirements. These include requirements that the component 
hazardous material (e.g., lithium batteries) meet the applicable 
construction and test requirements specified in the HMR, and that the

[[Page 43861]]

equipment can withstand the shocks and vibrations normally encountered 
during transport. The equipment must also be safe for use in different 
environmental conditions that it may be exposed to during transport 
such as temperature variations, inclement weather, and conditions in 
which explosive atmospheres caused by gases, vapors, mists, or air/dust 
mixtures may occur. The proposed text also clarifies that the 
exceptions are not applicable when this type of equipment is itself 
offered as cargo such that normal HMR requirements pertaining to 
packaging, shipping papers, marking and labeling would apply.
    This proposed new section is consistent with provisions adopted in 
the UN Model Regulations and the IMDG Code. Additionally, in response 
to the ongoing global COVID-19 public health emergency, on December 
31,2020 \19\ and February 23, 2021,\20\ ICAO published addenda to the 
2021-2022 Edition of the ICAO Technical Instructions to provide a 
limited exception for lithium battery-powered data loggers and cargo 
tracking devices to facilitate the transport and distribution of COVID-
19 pharmaceuticals, including vaccines. Specifically, the 2021-2022 
ICAO Technical Instructions except these devices from lithium battery 
marking and documentation requirements when transported by aircraft. 
Consequently, PHMSA proposes exceptions in this section of the HMR to 
cover all modes of transportation for certain devices or equipment 
containing hazardous materials that are in actual use or which are 
intended for use during transport. However, the exceptions associated 
with aircraft transportation are limited to marking and documentation 
for lithium ion and lithium metal battery-powered devices or equipment 
that accompany shipments of COVID-19 pharmaceuticals, including 
vaccines. PHMSA requests comments on whether this exception for air 
transport should be expanded to additional medical supplies not related 
to COVID-19 (e.g., other vaccines or more generally medicines).
---------------------------------------------------------------------------

    \19\ ICAO, Addendum No.1 to the 2021-2022 of the ICAO Technical 
Instructions for the Safe Transport of Dangerous Goods by Air (Dec. 
31, 2020), https://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2021-2022.AddendumNo1.en.pdf.
    \20\ ICAO, Addendum No.2 to the 2021-2022 of the ICAO Technical 
Instructions for the Safe Transport of Dangerous Goods by Air (Feb. 
23, 2021),https://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2021-2022.AddendumNo2.en.pdf.
---------------------------------------------------------------------------

Section 173.27
    Section 173.27 provides the general requirements for transportation 
by aircraft. PHMSA proposes a number of corrections and revisions as 
follows: (1) Revise paragraph (c)(2) to clarify that all package types 
containing ``UN3082, Environmentally hazardous substance, liquid, 
n.o.s.'' are excepted from the pressure differential requirements and 
not only limited quantities; (2) revise the paragraph (f) introductory 
text to clarify the inner packaging quantity limits prescribed in Table 
1 and Table 2 apply to combination packages and not only to excepted 
quantity packages; (3) in paragraph (f)(3) Table 1 and Table 2 add 
inner package limits for certain Class 9 HMT entries consistent with 
the ICAO Technical Instructions; and (4) in Table 1 and Table 2 remove 
the ``no limit'' quantity limits and add them to the paragraph (f) 
introductory text for a clearer description of the requirement for 
materials authorized to exceed 220 L or 200 kg in accordance with 
columns (9A) and (9B) of the 172.101 table. The 2021-2022 edition of 
the ICAO Technical Instructions contains editorial corrections to 
exceptions for ``UN3082, Environmentally hazardous substance, liquid, 
n.o.s.'' from differential pressure testing requirements in Packing 
Instructions 964 and Y964 (limited quantity). When reviewing the 
clarifying editorial correction \21\ to the ICAO exception, PHMSA found 
that although the same update is not needed in the HMR, the 
corresponding exceptions in Sec.  173.27 are not consistent with those 
provided for in the latest version of Packing Instructions 964 and 
Y964. PHMSA proposes revising Sec.  173.27 to correct this discrepancy 
and align with the updated version of the ICAO Technical Instructions.
---------------------------------------------------------------------------

    \21\ Report of the ICAO Working Group 19 (paragraph 3.2.11) 
(May, 2019), https://www.icao.int/safety/Dangerousfxsp0;Goods/WG19/
DGPWG.19.fxsp0;WP.030.en.pdf.
---------------------------------------------------------------------------

    In a previous final rule, HM-215K,\22\ PHMSA revised Sec.  173.27 
to align with the amendments made to the 2011-2012 edition of the ICAO 
Technical Instructions. That earlier edition of the ICAO Technical 
Instructions had included exceptions applicable to UN3082 from the 
pressure differential requirements in Packing Instructions 964 and Y964 
for fully regulated and limited quantity packages. The exceptions were 
added because UN3082 materials assigned to Class 9 do not meet the 
criteria for classification as any other hazard class or division and 
are classified as hazardous materials solely because of their risk to 
the environment (i.e., they are not capable of posing a risk to health, 
safety, or property when transported by air). When this exception was 
added in the HM-215K rulemaking, the text was placed in paragraph 
(f)(2)(vii), thereby inadvertently narrowing the exception to limited 
quantity materials. In the 2011-2012 edition of the ICAO Technical 
Instructions that the HM-215K rulemaking intended to align with, the 
exception from the pressure differential requirements applied to both 
combination packagings in PI 964 and limited quantity packagings in PI 
Y964. Therefore, PHMSA proposes to amend paragraph (c)(2) to except 
shipments of ``UN3082, Environmentally hazardous substance, liquid, 
n.o.s.'' from the pressure differential packaging requirements 
applicable for transportation by aircraft. This proposed change would 
align the pressure differential exceptions for UN3082 material with 
those found in the ICAO Technical Instructions and excepts these 
shipments, in all authorized packaging types, from the pressure 
differential requirements in paragraph (c)(2).
---------------------------------------------------------------------------

    \22\ 76 FR 3308 (Jan. 19, 2011).
---------------------------------------------------------------------------

    Further, PHMSA proposes to amend paragraph (f), which specifies 
requirements for combination packagings intended for transportation 
aboard an aircraft. A combination packaging, for transport purposes, 
consists of one or more inner packagings secured in a non-bulk outer 
packaging. Paragraph (f)(3) contains Table 1 and Table 2 indicating the 
maximum net capacity allowed for the inner packagings of the 
combination packaging on passenger-carrying and cargo aircraft, 
respectively. PHMSA proposes to revise paragraph (f) by moving the 
references to Table 1 and Table 2 from paragraph (f)(1), applicable to 
excepted quantities, to the paragraph (f) introductory text. The intent 
of this revision is to clarify that the inner packaging limits 
specified in paragraph (f)(3) Table 1 and Table 2 apply to all 
combination packages used to transport hazardous material by aircraft 
and not just to excepted packages (i.e., packages for which exceptions 
from certain provisions are provided in the HMR). As it currently 
reads, the instruction for all combination packagings is imbedded in 
the paragraph (f)(1), which outlines provisions for excepted packages, 
thus making it appear that Tables 1 and 2 apply only to excepted 
packages. Correcting the reference in paragraph (f) would provide 
regulatory clarity by properly aligning packaging limits in

[[Page 43862]]

the HMR with the ICAO Technical Instructions.
    Additionally, the first column of Tables 1 and 2 provides the 
maximum net quantity per package from Column (9A) of the HMT. PHMSA 
proposes to replace the rows in Tables 1 and 2 noting that there are no 
maximum net capacity limits for quantities greater than 220 L for 
liquids and greater than 200 kg for solids with an instruction in the 
revised paragraph (f) introductory text conveying the same information.
    Finally, PHMSA discovered that for certain Class 9 (miscellaneous 
hazardous) materials, the authorized inner packaging limit in the ICAO 
Technical Instructions is greater than the limit currently allowed in 
Tables 1 and 2 at Sec.  173.27(f)(3). Therefore, PHMSA proposes to 
revise paragraph (f)(3), Table 1 and Table 2 to address this 
inconsistency with the ICAO Technical Instructions. Specifically, PHMSA 
proposes to revise, for consistency with the inner packaging limits 
provided in Packing Instructions 956, 958, and 964 of the ICAO 
Technical Instructions, inner packaging net capacity limits for the 
following Class 9 materials:

 UN1841 Acetaldehyde ammonia
 UN1931 Zinc dithionite or Zinc hydrosulphite
 UN1941 Dibromodifluoromethane
 UN1990 Benzaldehyde
 UN2071 Ammonium nitrate fertilizers
 UN2216 Fish meal, stabilized or Fish scrap, stabilized
 UN2315 Polychlorinated biphenyls, liquid
 UN2590 Asbestos, chrysotile
 UN2969 Castor beans or Castor flake or Castor meal or Castor 
pomace
 UN3077 Environmentally hazardous substance, solid, n.o.s.
 UN3082 Environmentally hazardous substance, liquid, n.o.s.
 UN3151 Polyhalogenated biphenyls, liquid or Polyhalogenated 
terphenyls, liquid or Halogenated monomethyldiphenylmethanes, liquid
 UN3152 Polyhalogenated biphenyls, solid or Polyhalogenated 
terphenyls, solid or Halogenated monomethyldiphenylmethanes, solid
 UN3334 Aviation regulated liquid, n.o.s.
 UN3335 Aviation regulated solid, n.o.s.
 UN3432 Polychlorinated biphenyls, solid
    These materials have a history of safe transport under less 
restrictive inner packaging limits in accordance with the ICAO 
Technical Instructions. The proposed revisions would offer shippers 
greater flexibility in packaging options to transport these materials 
without a degradation of safety.
Section 173.59
    Section 173.59 provides informational descriptions of terms for 
explosives. PHMSA proposes to amend the description of the term 
``detonators'' to include a reference to electronic programmable 
detonators. Additionally, PHMSA proposes to add a separate term and 
description for ``Detonators, electronic programmable for blasting.'' 
These changes correspond to the proposed addition of the UN0511, 
UN0512, and UN0513 (Detonators, electronic programmable for blasting) 
to the HMT. PHMSA intends to distinguish between ``electronic 
detonators'' and ``electric detonators,'' as each has different design 
characteristics, by adding these new entries in the HMT and the 
editorial amendments in Sec.  173.59. PHMSA expects this additional 
precision in shipping descriptions will provide a safety benefit. See 
Sec.  172.101 of the Section-By-Section Review for additional 
discussion on electric and electronic detonators.
Section 173.115
    Section 173.115 outlines classification criteria for Class 2 (gas) 
materials. PHMSA proposes to update the version of ISO 10156:2010, 
``Gases and gas mixtures--Determination of fire potential and oxidizing 
ability for the selection of cylinder valve outlets,'' that is 
incorporated by reference in paragraph (k), which specifies how the 
oxidizing ability of a Division 2.2 (non-flammable) gas should be 
calculated. Currently the HMR incorporates by reference the 2010 
edition of this ISO standard and its associated technical corrigendum 
in Sec.  171.7. As part of ISO's regular periodic review of each 
standard, ISO standard 10156:2010 was reviewed and updated and a new 
revised ISO 10156:2017 was published September 2017. The 2017 edition 
supersedes and replaces ISO 10156:2010, which had been technically 
revised through ISO 10156:2010/Cor 1:2010. PHMSA now proposes to update 
the incorporation by reference of ISO 10156, to the 2017 edition. The 
updated document includes technical revisions pertaining to the 
flammability of gases and gas mixtures in air as well as a new 
calculation method for determining the lower flammability limit of gas 
mixtures. PHMSA reviewed the calculation method and agrees that it will 
assist shippers in properly classifying a Division 2.2 gas, without 
introducing any adverse safety risks. Therefore, PHMSA proposes to 
incorporate by reference ISO 10156:2017 in Sec.  173.115(k).
Section 173.134
    Section 173.134 provides classification criteria and exceptions for 
Division 6.2 infectious substances. PHMSA proposes to revise paragraph 
(a) to include references to ``UN3549, Medical Waste, Category A, 
Affecting Humans, solid or Medical Waste, Category A, Affecting Animals 
only, solid.'' Specifically, paragraphs (a)(1), (a)(1)(i), and (a)(5) 
would be revised by including UN3549 among the list of UN numbers to 
use for description of an infectious substance. These proposed changes 
are consistent with the proposed addition of this new hazardous 
materials description to the HMT.
    Additionally, PHMSA proposes to remove the term rickettsiae from 
the list of types of microorganisms in paragraph (a)(1). Rickettsiae 
are a specific group of bacteria, and this specific type of bacteria is 
redundant because bacteria are already listed as a type of potential 
pathogenic microorganism.
Section 173.137
    Section 173.137 prescribes the requirements for assigning a PG to 
Class 8 (corrosive) materials. The HMR requires offerors to classify 
Class 8 material and assign a PG based on tests conducted in accordance 
with the OECD Guidelines for the Testing of Chemicals. One of the tests 
currently authorized in the HMR is the 2015 OECD Guideline for the 
Testing of Chemicals ``Test No. 431: In vitro skin corrosion: 
reconstructed human epidermis (RHE) test method'' which may be used to 
determine that a material is not corrosive to human skin. PHMSA 
proposes to incorporate by reference the 2016 version of OECD 
Guidelines for the Testing of Chemicals ``Test No. 431: In vitro skin 
corrosion: reconstructed human epidermis (RHE) test method.'' This 
document was updated to introduce sub-categorization for skin corrosion 
and adopted by the OECD in 2013 and further revised in 2014, 2015, and 
2016, as Guidelines for the Testing of Chemicals ``Test No. 431: In 
vitro skin corrosion: reconstructed human epidermis (RHE) test 
method.'' According to the OECD, this updated test method permits 
subcategorization of corrosive chemicals into three categories: sub-
category 1A and sub-category 1B/C, which correspond to PG I, PG II, and 
PG III, respectively. However, prior to the 2016 edition of the OECD 
Guidelines, the ability to clearly distinguish between PG II and

[[Page 43863]]

PG III had previously never been formally evaluated or validated due to 
the lack of high quality reference in vivo data against which to 
benchmark the in vitro results.
    Changes to the UN Model Regulations were made as a result of the 
additional level of sub-categorization and differentiation that is 
possible using this updated test method. Accordingly, PHMSA also 
proposes to allow corrosive materials that are tested using OECD 
Guidelines for the Testing of Chemicals Test No. 431 to be assigned to 
PG II without further in vivo testing if the test method does not 
clearly distinguish between PG II or PG III. Since the packing group 
assignment indicates the required level of packaging according to the 
degree of danger presented by hazardous materials, this would relegate 
corrosive material that cannot be clearly distinguished between a 
medium danger PG II and a low danger PG III to be subject to the more 
conservative packaging requirement associated with PG II material 
unless additional testing is conducted. PHMSA anticipates that the use 
of the 2016 version of the OECD Guidelines for the Testing of Chemicals 
Test No. 431 will benefit shippers of potential corrosives by 
clarifying corrosivity determinations or exclusions, and eliminating 
excessive testing to distinguish between PG II and PG III.
    The proposed regulatory text references OECD Guidelines for the 
Testing of Chemicals Test No. 404, 430, and 435, which are already 
approved for incorporation by reference in this section, and no change 
is proposed for these standards.
Section 173.172
    Section 173.172 specifies the eligibility conditions for exception 
from packaging requirements for certain fuel tanks used on aircraft 
hydraulic power units. PHMSA proposes editorial changes to these 
provisions to clarify packaging limits for the fuel tanks that power 
hydraulic power units. The fuel tanks addressed in this section are 
comprised of a primary containment for the fuel in the hydraulic power 
unit. The primary containment must consist of a welded aluminum bladder 
as well as an outer vessel, which is packed in non-combustible 
cushioning material in a strong, tightly-closed metal outer packaging. 
Currently paragraphs (a) and (b) of this section state that the 
``Maximum quantity of fuel per unit and package is 42 L (11 gallons).'' 
PHMSA proposes to replace the word ``unit'' in this sentence in 
paragraphs (a) and (b) with the word ``primary containment'' for 
consistency with the second sentence of each paragraph which states 
that the ``primary containment of the fuel within this vessel must 
consist of a welded aluminum bladder having a maximum internal volume 
of 46 L (12 gallons).'' These editorial revisions to clarify that the 
maximum quantity of fuel authorized applies to both the fuel within the 
vessel and completed package (primary containment) rather than the 
hydraulic power unit itself. This change would align the language for 
this packaging exception in the HMR with the language that was 
similarly amended in the 2021-2022 ICAO Technical Instructions and the 
21st revised edition of the UN Model Regulations. PHMSA does not expect 
this change to adversely affect safety benefits.
Section 173.181
    Section 173.181 prescribes packaging requirements for liquid 
pyrophoric materials. Specifically, Sec.  173.181 provides the 
requirements on closures for metal or glass receptacles when used as 
inner packagings (i.e., receptacles) in combination packagings. The UN 
Model Regulations contains Packing Instruction P404 which includes 
provisions for resealing inner receptacles with threaded closures. 
Currently, Sec.  173.181 does not include provisions for resealing of 
inner receptacles with threaded closure. The safety concern when 
resealing inner receptacles that contain liquid pyrophoric materials is 
that small amounts of residue may adhere to the threads and present a 
hazard upon closing of the inner packaging and that friction generated 
from screwing the cap back onto the receptacle may cause the residue to 
react critically (e.g., self-heating or spontaneous combustion). Based 
on this concern, the UN Model Regulations now permit closures of inner 
receptacles to be either threaded or physically held in place by any 
means capable of preventing back-off or loosening of the closure under 
conditions normally incident to transportation (e.g., vibration during 
transport). PHMSA is also concerned about this potential hazard and 
proposes to authorize an alternative method of closure to prevent this 
potential hazard. Therefore, PHMSA proposes to revise the requirements 
of Sec.  173.181 for closures of inner packagings for liquid pyrophoric 
materials to specify that they may have closures that are physically 
held in place by any means capable of preventing back-off or loosening 
during transportation.
Section 173.185
    Section 173.185 prescribes requirements for transportation of 
lithium cells and batteries. Paragraph (c) prescribes requirements for 
smaller cells or batteries and paragraph (c)(3) specifies hazard 
communication requirements including the use of the lithium battery 
mark. PHMSA proposes to revise the minimum size of the lithium battery 
mark from 120 millimeters (mm) wide by 110 mm high to 100 mm by 100 mm. 
This reduction in size requirements for this mark would be consistent 
with the existing minimum size requirements for the limited quantity 
and excepted quantity marks in the HMR (see Sec. Sec.  172.315 & 
173.4a) and does not diminish the ability to read or recognize the 
marking. The reference to the shape of the mark would be amended to 
include ``square'' to account for the new minimum dimensions while also 
maintaining the existing shape of a ``rectangle'' to continue 
authorized use of the lithium battery mark with 120 mm by 110 mm 
dimensions. In addition, the minimum size of the lithium battery mark 
for packages too small to display the revised 100 mm by 100 mm 
dimensions, would be revised from 105 mm wide by 74 mm high to 100 mm 
wide by 70 mm high. Additionally, an informal working paper \23\ 
submitted to the 54th Session of the UNSCOE noted that due to the large 
volume of lithium batteries shipped in small packages, the reduction in 
the size of the mark could reduce the quantity of packagings produced 
and consequently the quantity of empty packagings sent for disposal or 
recycling. This proposed minimum size would not invalidate use of 
larger marks meeting the currently authorized minimum size 
requirements.
---------------------------------------------------------------------------

    \23\ Rechargeable Battery Association (PRBA) & the Advanced 
Rechargeable & Lithium Batteries Association (RECHARGE), Proposal on 
the Dimensions of the Lithium Battery Mark Submitted to the UN 
Subcommittee of Experts on the Transport of Dangerous Goods at the 
54th Session (Dec. 3, 2018), https://www.unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/UN-SCETDG-54-INF55.e.pdf.
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Section 173.187
    Section 173.187 prescribes packaging requirements and other 
provisions for ``pyrophoric solids, metals, or alloys, n.o.s.'' The 
21st revised edition of the UN Model Regulations includes an amendment 
to Packing Instruction P404 to address concerns with threaded closures 
when resealing inner receptacles after partial removal of product. The 
amendment addresses small amounts of residue of pyrophoric materials 
that may adhere to the threads and present a hazard upon closing of an

[[Page 43864]]

inner receptacle. As with liquid pyrophoric materials, discussed above, 
there is concern that friction generated from screwing the cap back 
onto the inner receptacle may cause the residue to react critically 
(e.g., self-heating or spontaneous combustion). Based on this concern, 
the UN Model Regulations now allow closures of inner receptacles to be 
either threaded or physically held in place by a means capable of 
preventing back-off or loosening of the closure under conditions 
normally incident to transportation (e.g., impact or vibration during 
transport).
    After reviewing this issue, PHMSA is also concerned about this 
potential hazard and proposes to amend Sec.  173.187 to authorize an 
alternate method of closure to prevent this potential hazard. 
Specifically, PHMSA proposes to revise the requirements for closures of 
inner receptacles for solid pyrophoric materials to specify that they 
may have threaded closures or other closures that are physically held 
in place by a means capable of preventing back-off or loosening.
Section 173.199
    Section 173.199 prescribes the packaging requirements for Division 
6.2, Category B infectious substances. Consistent with the ICAO 
Technical Instructions, PHMSA proposes to revise paragraph (a)(5) to 
require that for air transport the entire UN3373 mark must appear on 
one side of the package. PHMSA expects that placing marks on a single 
side of a package will provide increased visibility of hazard 
communication on the smaller package types that are frequently used in 
air transport. These measures would also reduce ambiguity for air 
operator employees conducting acceptance checks as to whether the 
package appropriately indicates the hazards without having to make a 
subjective determination. Regarding the Category B infectious substance 
mark, the proposal would help ensure that any packages containing 
infectious substances, including COVID-19 materials, have appropriate 
visibility and thus, ensure the safe transport of such materials. For 
details on the rationale for this proposed requirement, see the 
discussion of Sec.  172.406 in the Section-By-Section Review.
Section 173.218
    Section 173.218 contains packaging and product stabilization 
requirements for transporting stabilized fish meal or fish scrap 
(UN2216) as a Class 9 material. Currently, the provisions of this 
section are limited to shipments by vessel; however, PHMSA proposes to 
revise this provision to authorize the transport of this material by 
air. This change responds to changes in the fish meal or fish scrap 
market which has experienced an increased demand for more timely 
shipments of samples of this item for evaluation by potential 
purchasers. Adding provisions to permit shipment by air, rather than 
limiting to shipment by vessel, would relieve frustration in the market 
for fish meal or fish scrap by allowing shipments of small amounts of 
this material to be expedited by air. This change is consistent with 
amendments adopted in the 2021-2022 version of the ICAO Technical 
Instructions, which have been revised to allow the transport by air of 
non-bulk packages of fish meal or fish scrap, subject to quantity 
limitations and stabilization requirements.
    As proposed, UN2216 material would be permitted on passenger 
aircraft and cargo aircraft in amounts up to 100 kg and 200 kg, 
respectively, and in UN performance packaging that aligns with the ICAO 
Technical Instructions. Additionally, to ensure the safe transport of 
this material by air, PHMSA proposes adding stabilization requirements 
similar to those that are in place for shipments by vessel. PHMSA 
proposes fish meal or fish scrap transported by air must have been 
stabilized at production, and within the twelve months prior to 
transportation. Given the safeguard provided by stabilization of this 
material prior to transportation, as well as the proposed packaging and 
quantity restrictions, PHMSA expects that there will be no degradation 
of transportation safety in authorizing air transportation.
    In addition to adding these stabilization requirements for air 
transportation, PHMSA proposes amending the stabilization requirements 
that are currently in place for vessel shipments. The HMR currently 
requires shipments of fish meal or fish scrap by vessel to contain at 
least 50 parts per million (ppm) (mg/kg) of ethoxyquin, 100 ppm (mg/kg) 
of butylated hydroxytoluene (BHT) or 250 ppm (mg/kg) of tocopherol 
based antioxidant at the time of shipment for bulk shipments when 
transported in freight containers. PHMSA proposes extending these 
stabilization requirements to all vessel shipments, as required by the 
IMDG Code. While the change in language would make the stabilization 
requirement more widely applicable, PHMSA expects that the impact on 
the regulated community will be minimal as fishmeal and fish scrap 
shipments offered for transport (in non-bulk and bulk) are already 
typically treated with quantities of stabilizer (antioxidants) well 
above the minimum amounts currently shown in section Sec.  173.218 as 
common industry practice.
Section 173.221
    Section 173.221 prescribes transportation requirements and 
exceptions therefrom for ``UN2211, Polymeric beads expandable'' and 
``UN3314, Plastic molding compound,'' which are both Class 9 
(miscellaneous) materials. Historically, transportation of these 
materials has been limited to single packagings under both the HMR and 
in Packing Instruction 957 of the ICAO Technical Instructions. However, 
these limitations are inconsistent with the UN Model Regulations and 
the general provisions of the ICAO Technical Instructions, which permit 
combination packagings when single packagings are authorized. These 
packagings are constructed with inner packagings made of glass, 
plastic, metal, paper, or fiber and with outer packagings utilizing 
drums, boxes, and jerricans made of various materials. This conflict in 
permitted packagings has been corrected in the most recent edition of 
the ICAO Technical Instructions.
    PHMSA finds that allowing combination packaging for these Class 9, 
low hazard materials is consistent with general packaging 
authorizations throughout the HMR. In general, combination packaging is 
allowed for materials that are more hazardous as long as the minimum 
packaging performance requirements are achieved. Single packaging and 
combination packaging are subject to the same performance standards, 
meaning an equivalent level of safety is achieved. Therefore, PHMSA 
proposes conforming changes to Sec.  173.221 to allow the use of 
combination packagings (i.e., packagings that use a combination of 
inner and outer packagings for containment) for these materials. This 
change would provide packaging selection flexibility as well as 
consistency with UN Model Regulations and revised ICAO Technical 
Instructions without any impact on safe transport of these materials.
Section 173.222
    Section 173.222 specifies the non-bulk packaging requirements for 
``UN3363, Dangerous goods in machinery or apparatus.'' As discussed in 
connection to proposed changes to Sec.  172.101, PHMSA proposes to 
modify the proper shipping name associated with UN3363 to include 
``dangerous goods in articles,'' in addition to ``dangerous goods in 
machinery or apparatus.'' In the HM-215O final rule,

[[Page 43865]]

PHMSA added new entries for articles containing hazardous materials 
that are not otherwise specified by name in the HMT (e.g., ``UN3547, 
Articles containing corrosive substance, n.o.s.''). These new entries 
addressed transportation scenarios where various hazardous materials or 
residues are present in articles above the quantities currently 
authorized for machinery or apparatus transported as ``UN3363, 
Dangerous goods in machinery or Dangerous goods in apparatus.'' In 
addition to adding these new entries to the HMT, PHMSA added packaging 
provisions in Sec.  173.232, as well as a definition for articles. The 
definition states that ``article means machinery, apparatus, or other 
devices containing one or more hazardous materials (or residues 
thereof) that are an integral element of the article, necessary for its 
functioning, and that cannot be removed for the purpose of transport.'' 
This addition created regulatory discrepancies between articles that 
cannot be defined as machinery or apparatus but also do not qualify as 
``Articles containing hazardous materials, n.o.s.'' even as there is no 
safety basis to exclude such articles from the scope of Sec.  173.222 
provisions. Therefore, PHMSA proposes to revise the provisions in Sec.  
173.222 to reflect the addition of dangerous goods in articles to the 
current HMT entry for ``UN3363, Dangerous Goods in Machinery or 
Dangerous Goods in Apparatus'' as discussed in connection with the 
proposed changes to Sec.  172.101 above. These proposed changes are 
intended to provide flexibility in the choice of the most appropriate 
modifier to be selected as a proper shipping name (e.g., article, 
machinery, or apparatus). This flexibility in selecting the most 
appropriate description of the hazardous material would help ensure 
appropriate packaging selection and hazard communication, thus 
enhancing safety.
Section 173.225
    Section 173.225 prescribes packaging requirements and other 
provisions for organic peroxides. As a result of new peroxide 
formulations becoming commercially available, the 21st revised edition 
of the UN Model Regulations includes updates to the list of identified 
organic peroxides and new packing instructions for these materials. To 
maintain consistency with the UN Model Regulations, PHMSA proposes to 
update the Organic Peroxide Table in Sec.  173.225(c) to revise the 
entry ``Di-(4-tert-butylcyclohexyl) peroxydicarbonate [as a paste],'' 
by (1) changing the classification of the material as ``UN3116, Organic 
peroxide type D, solid, temperature controlled'' to ``UN3118, Organic 
peroxide type E, solid, temperature controlled''; and (2) changing the 
packing method from OP7 to OP8.
    An organic peroxide Type D is an organic peroxide that: (1) 
Detonates only partially, but does not deflagrate rapidly and is not 
affected by heat when confined; (2) does not detonate, deflagrates 
slowly, and shows no violent effect if heated when confined; or (3) 
does not detonate or deflagrate, and shows a medium effect when heated 
under confinement. An organic peroxide Type E is an organic peroxide 
which neither detonates nor deflagrates and shows low or no effect when 
heated under confinement. Di-(4-tert-butylcyclohexyl) peroxydicarbonate 
was identified as a Type E organic peroxide based on evaluation of new 
test data within the classification scheme for self-reactives and 
organic peroxide in Figure 20.1 of the UN Model Regulations. Finally, 
PHMSA proposes to revise the packing method from OP7 to OP8 consistent 
with the revised classification of Di-(4-tert-butylcyclohexyl) 
peroxydicarbonate to a lesser hazard Type E organic peroxide. The 
packaging method indicates the largest size authorized for packaging of 
a particular organic peroxide. Specifically, for Di-(4-tert-
butylcyclohexyl) peroxydicarbonate, assignment of OP8 would allow up to 
400 kg for solids and combination packagings, and up to 225 L for 
liquids. See Section 173.225 Section-by-Section Review for further 
detail of packing methods for organic peroxides.
    PHMSA also proposes to revise the Organic Peroxide IBC Table in 
paragraph (e) to maintain alignment with the 21st revised edition of UN 
Model Regulations by adding new entries for ``tert-Amyl peroxypivalate, 
not more than 42% as a stable dispersion in water'' and ``tert-Butyl 
peroxypivalate, not more than 42% in a diluent type A'' and identifying 
it as ``UN3119, Organic peroxide type F, liquid, temperature 
controlled.'' PHMSA expects that adding provisions for the transport of 
these newly available peroxide formulations will allow better oversight 
for safe and consistent shipment of these hazardous materials.
Section 173.301B
    Section 173.301b outlines additional general requirements when 
shipping gases in UN pressure receptacles (e.g., cylinders). Paragraph 
(a)(2) of this section requires that the gases or gas mixtures be 
compatible with the UN pressure receptacle and valve materials 
prescribed for metallic materials in ISO 11114-1:2012(E), Gas 
cylinders--Compatibility of cylinder and valve materials with gas 
contents--Part 1: Metallic materials. This document provides 
compatibility requirements for the selection of combinations of 
metallic cylinder and valve materials for use with gas or gas mixtures. 
In the interest of providing uniformity with regard to reference 
standards used domestically and internationally, PHMSA proposes to 
revise the compatibility requirements to include a reference to the 
2017 amendment (ISO 11114-1:2012/Amd 2017(E)), which ISO published as a 
supplement to ISO 11114-1:2012(E). This supplement provides enhanced 
instructions on the permissible concentrations of certain gases to 
ensure safe transport of a wider variety of gases in newly developed 
types of metallic cylinders and valves.
    Second, PHMSA proposes to revise paragraph (c)(1), which specifies 
valve requirements for pressure receptacles. Currently in the HMR, 
paragraph (c)(1) requires valves for pressure receptacles (excluding 
quick release cylinder valves, which must conform to the requirements 
in ISO 17871:2015(E)) to conform to various editions of ISO 10297, 
``Gas cylinders--Cylinder valves--Specification and type testing'', 
including the 1999, 2006 and 2014 editions. ISO 10297:2014 specifies 
design, type testing, and marking requirements for certain cylinder 
valves intended to be fitted to refillable transportable gas cylinders 
which convey compressed, liquefied or dissolved gases. PHMSA proposes 
to modify the valve requirements in this paragraph such that when the 
use of a valve is prescribed, the valve must conform to the 
requirements of ISO 10297:2014 as well as the supplemental amendment, 
ISO 10297:2014/Amd 1:2017. ISO 10297:2014/Amd 1:2017 corrects errors in 
ISO 10297:2014 and also includes modifications for valves for tubes and 
pressure drums. For consistency with the UN Model Regulations, PHMSA 
also proposes to add a sunset date of December 31, 2022, for the 
authorization of the use of ISO 10297:2014 when not used in conjunction 
with the supplemental 2017 amendment. PHMSA has reviewed this 
supplemental amendment as part of its regular participation in the 
review of amendments proposed for the UN Model Regulations and does not 
expect any degradation of safety standards in association with the use 
of these two documents.
    Lastly, paragraph (c)(2) of this section outlines certain 
requirements for valves

[[Page 43866]]

on UN pressure receptacles. Specifically, by following one of the 
listed methods or standards in this paragraph, valves are required to 
be protected from damage that could cause inadvertent release of their 
contents. PHMSA proposes to introduce an additional option by allowing 
the use of valves designed and constructed in accordance with Annex A 
of ISO 17879:2017 for UN pressure receptacles with self-closing valves 
with inherent protection (except those in acetylene service). Annex A 
of ISO 17870:2017 is a new standard which establishes design, type 
testing, marking, and manufacturing tests and examination requirements 
for self-closing valves fitted to refillable transportable gas 
cylinders conveying compressed, liquefied, or dissolved gases (other 
than acetylene). PHMSA has determined that incorporating ISO 17879 
fulfills the need for a standard that governs self-closing valves on 
cylinders, which are typically used in the calibration, beverage, and 
medical gas industries and mirrors requirements for impact testing and 
burst testing specified in ISO 10297. PHMSA has experience with 
permitting the use of valves constructed to ISO 17879 through special 
permit,\24\ which has occurred without incident since 2019. 
Incorporating this ISO standard would eliminate the need and associated 
burden for manufacturers to request a special permit to use the valves 
as they become more widely transported as a result of their 
authorization by other competent authorities.
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    \24\ See, e.g., Special Permit 20876 (Apr. 21, 2021), https://cms7.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/authorization/2019045387_SP20876.pdf/2019045387/SP20876.
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    The proposed regulatory text references the following standards 
that are already approved for incorporation by reference in this 
section and no change is proposed for these standards: ISO 11114-
1:2012(E); ISO 11114-2:2013; ISO 10297:2014; ISO 17871:2015; ISO 
11117:2008 and Technical Corrigendum 1; ISO 11117:1998; ISO 16111:2008.
Section 173.304B
    Section 173.304b contains requirements for shipment of liquefied 
compressed gases in UN pressure receptacles. In this section, paragraph 
(b) describes the filling limits for UN pressure receptacles expressed 
in terms of ``filling ratio,'' or the ratio of the mass of gas in the 
cylinder compared to the water capacity of the cylinder. Paragraph 
(b)(2) of this section provides the maximum allowable filling limits 
for low pressure liquefied gases. As currently provided in paragraph 
(b) of 173.304b, the term ``filling factor'' is currently used to 
describe the filling limit in terms of the maximum mass of contents in 
kg of the gas per liter of water capacity, which is intended to have 
the same meaning as the ``filling ratio.'' To increase clarity of the 
HMR, PHMSA proposes to revise paragraph (b)(2) by deleting the term 
``filling factor'' and only using the performance standard of ``maximum 
mass of contents per liter of water capacity'' so that this is not 
misunderstood as being different from the defined term ``filling 
ratio.'' This change is consistent with the same editorial correction 
made is the 21st revised edition of the UN Model Regulations. The term 
``filling factor'' is used in the context of the UN Model Regulations 
and could be misunderstood as being different from the defined term 
``filling ratio.'' PHMSA expects that clarifying the language 
pertaining to the filling ratio will provide a safety benefit by 
eliminating confusion about the definition of the term ``filing 
factor'' or ``filing ratio.''
Section 173.306
    Section 173.306 provides exceptions from HMR requirements for 
transportation of limited quantities of compressed gases. Paragraph (f) 
of this section provides exceptions for the transportation of 
accumulators, which are transported under ``UN3164, Articles, 
pressurized pneumatic or hydraulic.'' Accumulators are devices in which 
a fluid is kept under pressure as a means of storing energy. PHMSA 
proposes to revise paragraphs (f)(2) and (f)(3) to allow robust 
accumulators to be transported unpackaged, in crates, or in overpacks 
that provide equivalent protection to the hazardous material being 
transported. The term robust is used to describe articles that are 
strong enough to withstand the shocks and loadings normally encountered 
during transport, including trans-shipment between cargo transport 
units and between cargo transport units and warehouses, as well as any 
removal from a pallet for subsequent manual or mechanical handling. 
PHMSA expects that the proposed amendments will increase flexibility 
for shippers and harmonize with revisions to the UN Model Regulations 
which limits the packaging required for ``UN3164, Articles, pressurized 
pneumatic or hydraulic'' when afforded equivalent protection by the 
article being transported.
    Additionally, PHMSA proposes to add a new paragraph (n) to include 
provisions for the transport of ``UN2037, Receptacles, small, 
containing gas or gas cartridges'' for recycling or disposal. These 
proposed provisions include packaging requirements, conditions for 
exception, and maximum gross weight limits, applicable to small 
receptacles or cartridges containing gas not exceeding 1.0 L (0.3 
gallons) capacity. PHMSA expects that codifying these provisions will 
create a regulatory framework for transporting these materials for 
recycling or disposal and reduce the administrative burden that would 
otherwise apply to fully regulated gas receptacles. Further, reducing 
this administrative burden may lead to other environmental benefits by 
facilitating shipments destined for recycling or disposal. PHMSA 
solicits comments on the need to expand these provisions to other types 
of authorized packagings mentioned in this section.
Section 173.335
    Section 173.335 specifies packaging requirements for hazardous 
materials transported as chemicals under pressure (e.g., ``UN3500, 
Chemical under pressure, n.o.s.''). Chemicals under pressure are 
regulated as gases but differ in that they are liquids, pastes, or 
powders, and pressurized with a propellant that meets the definition of 
a gas in Sec.  173.115. Materials transported under UN3500 may include 
those that are widely used in fire suppression systems and other items 
used for fire control.
    PHMSA proposes to provide an extended periodic inspection period 
for cylinders containing fire extinguishing agents transported under 
UN3500. This amendment would be consistent with a new special packing 
provision, PP97, added in the 21st revised edition of the UN Model 
Regulations to provide a test period of 10 years for tubes (cylinders) 
that have a capacity of 450 L or less and that are filled with fire 
extinguishing agents. The intent of this change was to resolve the 
discrepancy in inspection periods between (1) gas-filled cylinders 
intended for installation in fire suppression systems and (2) cylinders 
used for the same purpose, but which contain a fire extinguishing agent 
(e.g., a liquid) in combination with a gas used as a propellant. Gases 
transported under ``UN1956, compressed gas n.o.s.'' have a maximum test 
period for periodic inspection of 10 years, whereas the maximum test 
period for UN3500, chemical under pressure, n.o.s.'' is only five 
years. However, the updated UN Model Regulations extended the 
inspection period for cylinders containing fire extinguishing agents 
transported under UN3500 because they are typically (1) inert chemicals 
with no

[[Page 43867]]

subsidiary risks and (2) they are typically filled at lower pressures 
than cylinders containing UN1956 materials. Additionally, these fire 
extinguishing materials and devices are maintained and stored in a 
manner that minimizes the degradation of the cylinder (e.g., in 
protected indoor environments).
    A recent PHMSA rulemaking, HM-234,\25\ broadened the scope of 
cylinders eligible to be classified as ``UN1044, fire extinguishers'' 
and the intent was to permit cylinders charged with fire extinguishing 
agents intended for use in fire suppression systems to be described and 
transported under ``UN1044, fire extinguishers.'' However, cylinders 
charged solely with a compressed gas or liquefied gas and used in a 
fire suppression system solely to expel a separately stored 
extinguishing agent are not eligible for transportation under UN1044. 
Furthermore, with respect to the UN Model Regulations, cylinders 
charged with a fire extinguishing agent and intended for use in a fire 
suppression are specifically excluded from transportation as ``UN1044, 
fire extinguisher.'' Therefore, while HM-234 added provisions that may 
allow hazardous materials in cylinders that have historically been 
described and transported as UN1956 or UN3500 to be transported as 
``UN1044, fire extinguisher'', amending Sec.  173.335 is still 
necessary to maintain alignment with the UN Model Regulations because 
the UN Model Regulations still do not allow cylinders intended for use 
in fire suppression systems to be transported under UN1044.
---------------------------------------------------------------------------

    \25\ 85 FR 85380 (Dec., 28, 2020).
---------------------------------------------------------------------------

    Because of this conflict in classification for similar items, PHMSA 
proposes to extend the periodic inspection period for cylinders 
containing gases or liquid/gas mixtures that are used as fire 
extinguishing agents under UN3500, to facilitate international shipment 
of these items by aligning the Sec.  173.335 periodic inspection 
requirements with the periodic inspection period adopted in the UN 
Model Regulations. Recognizing that these items UN3500 and UN1044 are 
functionally the same but classified differently outside of the United 
States, PHMSA expects that establishing parallel inspections periods 
for similar items will facilitate international movement and continued 
use of these cylinders domestically and internationally.

D. Part 175

Section 175.8
    Part 175 of the HMR prescribes requirements that apply to the 
transportation of hazardous materials in commerce aboard aircraft, 
including items carried by air passengers and crew, as well as items 
carried by the aircraft operator in accordance with airworthiness 
requirements and operating regulations, or in support of in-flight 
service. Section 175.8 provides exceptions from the HMR for certain 
equipment and materials used by aircraft operators that are regulated 
as hazardous materials. PHMSA proposes to amend paragraph (b) to 
provide a new exception for alcohol-based hand sanitizers and alcohol-
based cleaning products carried aboard an aircraft by the operator for 
the purposes of passenger and crew hygiene. The proposed changes align 
the HMR with amendments made to the ICAO Technical Instructions, as 
amended in Addendum 1, on December 31, 2020, in response to the COVID-
19 public health emergency. The intent of this amendment is to ensure 
that air operators are able to equip aircraft with alcohol-based 
sanitizers for use in the cabin for the purposes of passenger and crew 
hygiene without the regulatory burden of documentation and packaging 
otherwise associated with the transport of Class 3 flammable liquid 
hazardous materials. This proposal is beneficial to public interest 
given that it assists in limiting the spread and contraction of viruses 
such as COVID-19 without an anticipated decrease in transportation 
safety.
Section 175.9
    Section 175.9 provides exceptions from Subchapter C of the HMR for 
certain special aircraft operations. Paragraph (b)(5) excepts organ 
preservation units necessary to protect human organs when carried in 
the aircraft cabin, provided certain conditions are met. As written, 
the current provisions only allow for devices powered by non-spillable 
batteries. However, the technology for powering such devices has 
evolved to include lithium batteries. To maintain consistency with the 
ICAO Technical Instructions, PHMSA proposes to add provisions for organ 
preservation units powered by lithium batteries (both metal and ion). 
Specifically, lithium metal or lithium ion cells or batteries must meet 
the general provisions prescribed in Sec.  173.185(a) and spare lithium 
batteries would need to be individually protected to prevent short 
circuits when not in use to ensure safe transport and use of this 
exception. PHMSA expects this proposed HMR amendment will promote 
broader use of the exception for organ preservation units. Finally, it 
facilitates international movement of these devices by harmonizing with 
ICAO Technical Instructions which allow lithium batteries as a power 
sources for the devices while still ensuring safe transport.
Section 175.10
    Section 175.10 specifies the conditions under which passengers, 
crew members or an operator may carry hazardous materials aboard a 
passenger aircraft. PHMSA proposes to amend paragraph (a)(1)(ii) of 
this section to permit Division 2.2 aerosols with no subsidiary hazard 
in addition to those that are not for medicinal or personal toiletry 
use as carry-on items (see Sec.  175.10(a)(1)(i) in the HMR for 
provisions pertaining to non-radioactive medicinal and toilet 
articles). Currently, these materials (2.2 non-flammable gases) are 
only authorized in checked baggage. Additionally, PHMSA proposes to add 
a conditional requirement to new paragraph (a)(1)(iv) that the material 
in the Division 2.2 aerosols must not cause extreme annoyance or 
discomfort, in the event of an unintentional release, to crew members 
so as to inhibit performance of their assigned duties. The proposed 
changes align the HMR with amendments made to the ICAO Technical 
Instructions. In addition, these proposed changes are consistent with 
special permit DOT-SP 21021,\26\ which was issued in response to the 
COVID-19 public health emergency to ensure flight crews could carry-on 
sanitizing aerosol products that may not have been considered as items 
for personal use. PHMSA has determined that this proposal is beneficial 
and in the public interest because it expands the use of the passenger 
and crewmember exceptions applicable to Division 2.2 aerosols by 
allowing such aerosols in carry-on baggage. This is particularly 
beneficial for sanitizers to aid in preventing the potential spread and 
contraction of viruses such as COVID-19 without an anticipated decrease 
in transportation safety.\27\
---------------------------------------------------------------------------

    \26\ DOT Special Permit 21021 (May 29, 2020), https://www.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/offer/SP21021.pdf/2020034999/SP21021.
    \27\ PHMSA notes that, apart from the revisions to Sec.  175.10 
of the HMR proposed here, transportation of aerosols in carry-on 
baggage and for any other purpose may be subject to limitations 
imposed by other regulators, including (but not limited to) the 
Transportation Security Administration.
---------------------------------------------------------------------------

    Section 175.10(a)(11) outlines the provisions for self-inflating 
personal

[[Page 43868]]

safety devices and currently allows for the carriage of only one device 
with the approval of the aircraft operator. PHMSA proposes to increase 
the allowance from a single self-inflating personal safety device to 
two devices in response to an increase in passengers seeking to travel 
with their own devices. PHMSA clarifies that each self-inflating safety 
device may be fitted with no more than two small gas cartridges and 
that an additional two spare cartridges per device may be carried with 
the devices. In addition, PHMSA proposes to add the text ``intended to 
be worn by a person'' to specify that this provision is only intended 
for self-inflating personal safety devices that are designed to be worn 
by a person and does not apply to other types of safety devices. PHMSA 
expects this proposal will promote use of the self-inflating personal 
safety devices. Specifically, it provides passengers more flexibility 
when carrying self-inflating devices such as life-jackets, motorcycle 
jackets and horse riding vests. Further, PHMSA does not expect 
transportation safety will be compromised as these devices are designed 
with multiple initiation processes required for inflation to occur, 
thereby inhibiting unintentional activation. PHMSA has not identified 
any incidents involving unintentional activation of self-inflating 
personal safety devices inflight.
Section 175.75
    Section 175.75 provides quantity limitations and stowage location 
requirements for air transportation. During internal review of the 
stowage requirements found in Sec.  175.75, PHMSA and FAA concluded 
that several editorial revisions would increase the clarity of this 
section, and therefore enhance the safety or hazardous materials 
transported by aircraft. These proposed revisions do not substantively 
change current requirements of this section. They are intended only for 
purposes of increasing the understanding of air stowage requirements. 
The proposed editorial revisions to this section are discussed as 
follows:
     The current structure for paragraph (b) outlines three 
distinct stowage requirements in a single paragraph. To increase 
readability, PHMSA proposes to revise paragraph (b) by separating the 
three requirements into three subparagraphs each addressing a single 
stowage requirement.
     Insertion of an additional distinct sentence in the 
aforementioned proposed revised format of paragraph (b) to highlight 
the existing requirement in Sec.  175.75 that all packages displaying a 
Cargo Aircraft Only label in accordance with Sec.  172.402(c) must be 
loaded in an accessible manner (i.e., a manner accessible to the cargo 
aircraft's crew or other authorized person). This longstanding 
requirement of the HMR is buried in the Quantity and Loading Table of 
paragraph (f). Air carrier stakeholders have suggested to PHMSA and FAA 
that the stowage requirements would be clarified if this important 
requirement were explicitly stated in Sec.  175.75. Therefore, PHMSA 
proposes to specify this requirement in the stowage requirements as 
subparagraph (b)(4).
     Correction of an inadvertent error in the Quantity and 
Loading Table of paragraph (f), Note 1, that removed Division 6.2 
material from eligibility for exception from the inaccessible loading 
restriction for Cargo Aircraft Only packages. This inadvertent error 
occurred in a corrections and response to administrative appeals final 
rule.\28\ PHMSA revised requirements for Division 6.1 material among 
the list of eligible materials but in doing so inadvertently removed 
reference to Division 6.2 material. This change was not intended and; 
therefore, PHMSA proposes to reinsert reference to Division 6.2 
material in Note 1.
---------------------------------------------------------------------------

    \28\ 78 FR 65453 (Oct. 31, 2013). This rule affected rules HM-
215K, HM-215L, HM218G, and HM-219.
---------------------------------------------------------------------------

     Insertion of an Oxford comma in the Quantity and Loading 
Table of paragraph (f), Note 1, item d. to more clearly indicate that 
Class 9 material, limited quantity material, and excepted quantity 
material all qualify for this provision. PHMSA and FAA are aware that 
some air carrier stakeholders have expressed confusion with the 
language in Note 1, item d., and acknowledge that the omission of a 
comma between ``Limited Quantity'' and ``Excepted Quantity'' may create 
the impression that only Class 9 limited or excepted quantity material 
are eligible for this exception. Note 1, item d. has always included 
all eligible hazard classes of limited quantity and excepted quantity 
material.

E. Part 176

Section 176.84
    Part 176 contains requirements associated with transportation of 
hazardous materials by vessel. Section 176.84 prescribes the meanings 
of numbered or alphanumeric vessel transport stowage provisions that 
are assigned to hazardous materials and which are listed in column 
(10B) of the HMT. The provisions in Sec.  176.84 are separated into 
general stowage provisions, which are defined in the ``table of 
provisions'' in paragraph (b), and the stowage notes unique to vessel 
shipments of Class 1 explosives, which are defined in the table in 
paragraph (c)(2). PHMSA has determined that the following proposed 
revisions will improve safety by ensuring that hazardous materials are 
properly stowed on vessels.
    First, PHMSA proposes to revise stowage provision 4 in paragraph 
(b). Existing stowage provision 4 directs shippers to ``Stow `Separated 
from' liquid organic materials.'' PHMSA proposes to modify the language 
in this code for clarity and to facilitate proper stowage. In a 
proposal submitted to the IMO, it was noted that many liquid organic 
materials are not dangerous goods and that it is difficult to identify 
these commodities for purposes of segregation.\29\ Furthermore, the 
distinction between organic and inorganic substances cannot be easily 
discovered by persons responsible for the packing of a cargo transport 
unit. PHMSA has determined that requiring a determination as to whether 
a cargo is an organic or inorganic substance should be amended with a 
more readily understood requirement to characterize these items as 
combustible materials. This clarification would aid in ensuring safe 
segregation of materials assigned this stowage provision. Therefore, 
PHMSA proposes to amend stowage provision 4 to require materials 
assigned this code to ``not be stowed'' with combustible materials in 
the same cargo transport unit.
---------------------------------------------------------------------------

    \29\ International Maritime Organization Sub-Committee on the 
Carriage of Cargoes and Containers CCC 5/6/3.
---------------------------------------------------------------------------

    Second, PHMSA proposes to add new stowage provisions under codes 
155, 156, and 157:
     New stowage code 155 is assigned to ``UN2814, Infectious 
substances, affecting humans'' and ``UN2900, Infectious substances, 
affecting animals only.'' This new stowage provision advises vessel 
carriers to avoid handling of an infectious package or keep handling of 
the package to a minimum and to inform the appropriate public health 
authority or veterinary authority where persons or animals may have 
been exposed to the package contents. This provision may improve safety 
for packages that may be used to transport COVID-19 related material. 
Stowage code 155 would apply particularly to any cargo offered in the 
traditional manner (i.e., break-bulk). The proposed stowage code 
advises cargo handling personnel to limit interaction with packages of 
Division 6.2 materials to a minimum. The requirement to notify the 
appropriate public health authority or

[[Page 43869]]

veterinary authority where persons or animals may have been exposed to 
package contents is intended to ensure appropriate medical attention 
can be provided in the event of an exposure and any potential further 
contamination as a result of contact with the material is controlled. 
This new stowage code serves to ensure vessel carriers are aware of the 
potential hazard of these packages and to ensure they follow all 
protocols related to handling such packages.
     New stowage code 156 is assigned to ``UN3090, Lithium 
metal batteries,'' ``UN3091, Lithium metal batteries contained in 
equipment, or Lithium metal batteries packed with equipment,'' 
``UN3480, Lithium ion batteries,'' and ``UN3481, Lithium ion batteries 
contained in equipment or Lithium ion batteries packed with 
equipment.'' This new stowage provision would require damaged or 
defective lithium batteries that are offered for transportation in 
accordance with Sec.  173.185(f) or being transported for purposes of 
disposal or recycling in accordance with proposed Sec.  172.203(i)(4), 
to be stowed in accordance with stowage category C. Stowage category C 
requires on deck stowage instead of the currently authorized on deck or 
under deck stowage of these types of lithium batteries. This proposal 
harmonizes HMR stowage requirements for lithium batteries that are 
damaged/defective and those that are being offered for disposal or 
recycling with the IMDG Code stowage requirements. This proposed 
stowage change to require on deck stowage would allow for more easily 
identifiable and effective response actions in the event of a fire 
involving lithium batteries onboard a vessel. PHMSA expects that these 
revised shipping requirements will contribute to the safe 
transportation of increased volumes of lithium batteries anticipated as 
a result of the increased use of those technologies in the 
transportation and other economic sectors.
     New stowage code 157 is assigned to the five HMR UN1950 
aerosol entries and the three UN2037 receptacles; small, containing gas 
or gas cartridges entries. This new stowage provision would require 
aerosols and receptacles for gas transported for recycling or disposal 
to be stowed in accordance with vessel stowage category C and clear of 
living quarters. The HMR does not currently contain separate stowage 
provisions for aerosols or receptacles small containing gas that are 
being offered for disposal or recycling. These materials are assigned 
stowage category A if they are new and never used, or if they are 
offered for transportation. The change from stowage category A to 
category C means these materials being offered for recycling or 
disposal would be required to be stowed ``on deck only'' instead of the 
currently authorized ``on deck or under deck.'' This proposed change in 
stowage requirements for aerosols and receptacles small containing gas 
provides more restrictive stowage requirements for these articles that 
have been utilized and are being offered for transportation under 
generally more relaxed packaging standards than if they were being 
offered as new articles. This more restrictive stowage requirement 
would more easily facilitate a response effort should one be required 
aboard a vessel.
    Third, in the paragraph (c)(2) table, PHMSA proposes amending 
stowage provisions for notes 19E and 22E. When assigned to an HMT 
entry, these existing notes require separation ``away from'' explosives 
containing chlorates or perchlorates and ``away from'' ammonium 
compounds and explosives containing ammonium compounds or salts. PHMSA 
proposes to amend these stowage provisions to specify a more demanding 
``separated from'' stowage requirement. The terms ``away from'' and 
``separated from'' have various meanings based on the type of shipment 
(e.g., break-bulk, shipments within a container, or container to 
container). Generally speaking, the term ``separated from'' requires 
more stringent segregation. As an example, for segregation from one 
container to another if ``away from'' applies, the containers cannot be 
stowed one on top of the other. If ``separated from'' is assigned, the 
containers cannot be stowed in the same vertical line. For more 
information on the applicability of these terms please, see Sec.  
176.83 of the HMR. This proposal also harmonizes the HMR with the IMDG 
Code and aligns with HMR stowage requirements for shipments of ammonium 
nitrates, chlorates, and perchlorates. These proposed changes provide 
additional segregation between loads of incompatible materials and 
decrease the likelihood of a reaction if a release were to occur 
onboard a vessel.

F. Part 178

Section 178.3
    Part 178 contains specifications for packagings. Section 178.3 
prescribes marking requirements for specification packagings. PHMSA 
proposes to amend paragraph (a)(4) to clarify the marking size 
requirement for packagings transporting solids with a 30 kg (66 pounds) 
maximum net mass. Additionally, PHMSA is proposing to amend the 
exception for reducing the size of the required package marking 
applicable to packagings with a capacity of 5 L or less, or of 5 kg 
maximum net mass. The existing HMR text only refers to capacity, and 
the proposed use of ``maximum net mass'' is a more appropriate standard 
for packagings intended for solids. This editorial change is intended 
to reduce confusion over the application of the reduce size marking 
requirements as they apply to packagings used for solid materials. The 
quantity limit should be based on the net amount of solid material and 
not the capacity of the packaging the material is placed in. This 
clarification is consistent with similar provisions for solids (net 
mass) and liquids (capacity) throughout the HMR. Ensuring the 
appropriate application of the reduced size marking allowance provides 
consistency across persons using the reduce sized marking and 
therefore, improves safety of transport.
Section 178.71
    Section 178.71 prescribes specifications for UN pressure 
receptacles. To maintain consistency with the UN Model Regulations, 
PHMSA proposes to update four ISO documents incorporated by reference 
in this section.
    First, PHMSA proposes to amend paragraph (d)(2), which outlines the 
configuration and design requirements for a cylinder's service 
equipment, and includes items that prevent the release of the pressure 
receptacle contents during handling and transportation. Currently this 
paragraph requires that valves for service equipment must conform to 
the 1999, 2006 and 2014 editions of ISO 10297. ISO 10297 specifies 
design, type testing and marking requirements for cylinder valves 
fitted to refillable transportable gas cylinders, main valves for 
cylinder bundles, and cylinder valves or main valves with an integrated 
pressure regulator (VIPR), which convey compressed, liquefied, or 
dissolved gases. PHMSA proposes to modify the valve conformance 
requirements in this paragraph such that when the use of a valve is 
prescribed, the valve must conform to the requirements of ISO 
10297:2014 and the supplemental amendment, ISO 10297:2014/Amd 1:2017. 
ISO 10297:2014/Amd 1:2017 corrects errors in ISO 10297:2014 and also 
includes modifications for valves for tubes and pressure drums. PHMSA 
has reviewed this supplemental amendment as part of its regular 
participation in the review of amendments proposed for the UN

[[Page 43870]]

Model Regulations and does not expect any degradation of safety 
standards in association with the use of these two documents. 
Additionally, PHMSA proposes to add an end date of December 31, 2022 to 
the authorization to use ISO 10297:2014 when not used in conjunction 
with the supplemental 2017 amendment, ISO 10297:2014/Amd 1:2017.
    Also in this paragraph, PHMSA proposes to amend references to ISO 
14246, ``Gas cylinders--Cylinder valves--Manufacturing tests and 
examinations.'' Currently paragraph (d)(2) states that valves must be 
initially inspected and tested in accordance with ISO 14246:2014(E), 
``Gas cylinders--Cylinder valves--Manufacturing tests and 
examinations.'' However, in 2017, ISO published ISO 14246:2014/Amd 
1:2017, ``Gas cylinders--Cylinder valves--Manufacturing tests and 
examinations,'' which provides supplemental amendments pertaining to 
specific pressures to be used in the pressure test and leakproofness 
test of acetylene valves. PHMSA proposes to require the use of this 
amended document in Sec.  178.71 to require acetylene valve users to 
use the updated values in ISO 14246:2014/Amd 1:2017. PHMSA has reviewed 
these documents as part its regular participation in the review of 
amendments proposed for the UN Model Regulations and does not expect 
any degradation of safety standards in association with the use of 
these two documents. PHMSA also proposes to add analogous compliance 
requirements for self-closing valves to paragraph (d)(2). ISO 
17879:2017--Gas cylinders--Self-closing cylinder valves--Specification 
and type testing, specifies the design, type testing, marking, and 
manufacturing tests and examinations requirements for self-closing 
cylinder valves intended to be fitted to refillable transportable gas 
cylinders which convey compressed, liquefied, or dissolved gases.
    Additionally, PHMSA proposes to amend paragraph (l)(1), which 
specifies the design and construction requirements for UN composite 
cylinders and tubes. The proposed change would add a new subparagraph 
(iv) to reference ISO 11119-4:2016, ``Gas cylinders--Refillable 
composite gas cylinders--Design, construction and testing--Part 4: 
Fully wrapped fibre reinforced composite gas cylinders up to 150 L with 
load-sharing welded metallic liners.'' This document, which was adopted 
in the UN Model Regulations, specifies requirements for composite gas 
cylinders with load-sharing welded liners between 0.5 L and 150 L water 
capacity and a maximum test pressure of 450 bar for the storage and 
transportation of compressed or liquefied gases. PHMSA incorporates by 
reference the first three parts of the ISO 11119 series, which cover 
various designs of composite cylinders with a seamless liner. This 
fourth part defines the requirements for design, construction, and 
testing of composite cylinders with a welded metallic liner. 
Incorporating this ISO standard would eliminate the need and associated 
burden for manufacturers to request a special permit to construct fully 
wrapped fiber reinforced composite gas cylinders with load-sharing 
welded steel liners.\30\
---------------------------------------------------------------------------

    \30\ See, e.g., Special Permit 14457 (Dec. 16, 2019), which 
served as the technical basis for the development of ISO 11119-
4:2016.
---------------------------------------------------------------------------

    Finally, PHMSA proposes to amend paragraph (o)(1) of this section 
to update the reference to ISO 11114-1:2012(E), ``Gas cylinders--
Compatibility of cylinder and valve materials with gas contents--Part 
1: Metallic materials.'' ISO 11114-1:2012 provides requirements for the 
selection of safe combinations of metallic cylinder and valve materials 
and cylinder gas content. PHMSA proposes to amend the compatibility 
requirements to also require compatibility with the 2017 supplement to 
ISO 11114-1:2012, (ISO 11114-1:2012/Amd 1:2017) for material 
compatibility requirements. Permitting the use of this document would 
allow shippers to safely transport a wider variety of gases in newly 
developed types of metallic cylinders and valves. PHMSA has reviewed 
this document as part of its regular participation in the review of 
amendments proposed for the 21st revised edition of the UN Model 
Regulations and expects that adding it to the HMR will enhance the 
current safety of hazardous materials in transportation, in addition to 
harmonizing the HMR with international requirements. This amendment 
provides compatibility requirements for the selection of combinations 
of metallic cylinder and valve materials for use with gas or gas 
mixtures. In the interest of providing uniformity with regard to 
reference standards used domestically and internationally, PHMSA 
proposes to revise the compatibility requirements to also refer to the 
2017 amendment of this ISO standard. This 2017 supplemental amendment 
provides more explicit instructions on the permissible concentrations 
of certain gases. PHMSA has determined that permitting the use of this 
updated document would allow safe transport of a wider variety of gases 
in newly developed types of metallic cylinders and valves without 
compromising safety.
Section 178.75
    Section 178.75 prescribes specifications for multiple-element gas 
containers (MEGCs), which are assemblies of UN cylinders, tubes, or 
bundles of cylinders interconnected by a manifold and assembled within 
a framework. The term includes all service equipment and structural 
equipment necessary for the transport of gases including hazardous 
materials marked as Division 2.1 (such as compressed hydrogen). PHMSA 
proposes to revise paragraph (d) to permit explicitly the use of 
composite construction, which is allowed for other pressure vessels 
(i.e., cylinders), rather than limiting authorized material of 
construction for an MEGC to seamless steel as in the current HMR. 
Composite cylinders are constructed of carbon, fiberglass, or a hybrid 
composite with high-strength aluminum liners. When the specifications 
for MEGCs were originally created, there were no standards for 
composite pressure receptacles in the international transport standards 
or the HMR. In the decades since standards for the use of ISO composite 
pressure receptacles have since been developed and authorized. 
International standards did not consider a corresponding allowance to 
use these composite pressure receptacles as elements of MEGCs when the 
specifications were originally adopted. The 21st revised edition of the 
UN Model Regulations have since been updated to include such an 
authorization and PHMSA proposes to similarly allow the use of 
composite pressure receptacles in MEGCs.
    To that end, PHMSA is adding references to the following ISO design 
standards for composite MEGCs: ISO 11119-1:2012(E), ``Gas cylinders--
Refillable composite gas cylinders and tubes--Design, construction and 
testing--Part 1: Hoop wrapped fibre reinforced composite gas cylinders 
and tubes up to 450 L,'' ISO 11119-2:2012(E), ``Gas cylinders--
Refillable composite gas cylinders and tubes--Design, construction and 
testing--Part 2: Fully wrapped fibre reinforced composite gas cylinders 
and tubes up to 450 l with load-sharing metal liners,'' and ISO 11119-
3:2013(E), ``Gas cylinders--Refillable composite gas cylinders and 
tubes--Design, construction and testing--Part 3: Fully wrapped fibre 
reinforced composite gas cylinders and tubes up to 450 L with non-load-
sharing metallic or non-metallic liners.'' The 19th revised edition of 
the Model Regulations

[[Page 43871]]

amended the definition of a tube to include composite construction and 
this change also included standards for the construction of composite 
tubes. Due to the lack of any technical or safety concerns, the 21st 
revised edition of the UN Model Regulations included an amendment to 
the definition of MEGCs which provides for composite construction, in 
addition to stainless steel construction and were not intended to 
exclude MEGCs. With these proposed revisions, PHMSA expects that this 
will provide flexibility and opportunities for cost savings for 
manufacturers of MEGCs while not compromising safety. Additionally, 
authorizing alternative MEGC packaging construction would provide 
flexibility in packaging selection for shippers that could facilitate 
the transportation of hydrogen or other gases that may be used to 
support clean energy alternatives.
Section 178.275
    Section 178.275 outlines requirements and definitions pertaining to 
UN portable tanks intended for the transportation of liquid and solid 
hazardous materials. Paragraph (i) specifies the capacity requirements 
for pressure relief devices that must be on these portable tanks. The 
HMR specify a formula that can be used to determine the required total 
capacity for these pressure relief devices. The formula defines 
variable ``U'' as ``thermal conductance of the insulation.'' 
Discussions held by the UNSCOE \31\ led to the conclusion that usage of 
the phrase ``thermal conductance'' associated with the variable ``U'' 
in this formula is misleading because, in general scientific usage, 
``conductance'' is expressed in ``kW. K-1'', and is not a 
surface factor. Leaving the formula description as it currently appears 
in the HMR may cause confusion for those who use it given that the 
correct term for the unit given is ``heat transfer coefficient.'' PHMSA 
proposes to replace the phrase ``thermal conductance'' with ``heat 
transfer coefficient'' so that ``U'' is defined as ``heat transfer 
coefficient of the insulation'' which is more appropriate for what is 
being calculated and is consistent with use of the formula in the UN 
Model Regulations. This would ensure proper calculation of the total 
capacity for the pressure relief devices for these portable tanks.
---------------------------------------------------------------------------

    \31\ ``Use of the terms ``conductivity'' and ``conductance'' in 
chapter 6.7'' https://www.unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SG-AC.10-C.3-2018-56e.pdf.
---------------------------------------------------------------------------

Section 178.505
    Section 178.505 prescribes specifications for aluminum drums and 
paragraph (b) prescribes the construction requirements for those 
aluminum drums. PHMSA proposes to add a new paragraph (b)(6) to specify 
conditions when internal protective coatings or treatments must be 
applied to these drums--consistent with requirements for other metal 
packagings, such as steel drums, as provided in Sec.  178.504(b)(7) and 
aluminum and steel jerricans in Sec.  178.511(b)(5). PHMSA agrees that, 
since metals are susceptible to corrosion from exposure to certain 
chemicals (e.g., sodium hydroxide solution, or alkaline liquids), 
measures need to be taken to ensure the packaging is compatible with 
the contents. Further, the general requirements for packagings in the 
HMR include a compatibility requirement such that even though certain 
packagings are specified in the HMR, it is, nevertheless, the 
responsibility of the person offering a hazardous material for 
transportation to ensure that such packagings are compatible with their 
contents. This applies particularly to corrosivity, permeability, 
softening, premature aging, and embrittlement (see Sec.  173.24(e)). 
Therefore, PHMSA proposes to add conditions when internal protective 
coatings or treatments must be applied to metal drums that are not 
constructed of steel or aluminum. This addition is consistent with 
international standards covering UN packages 1B1 and 1B2 aluminum 
drums. PHMSA expects that this proposal will improve consistency with 
regard to safety standards (e.g., packaging integrity) across similar 
packagings.
Section 178.506
    Section 178.506 prescribes specifications for metal drums that are 
not made of steel or aluminum, and paragraph (b) prescribes the 
construction requirements for these drums. PHMSA proposes to add a new 
paragraph (b)(6) to specify conditions when internal protective 
coatings or treatments must be applied to metal drums that are not 
constructed of steel or aluminum consistent with this requirement for 
specifications of other metal packagings. This new requirement would 
mirror the requirements to apply suitable internal protective coatings 
or treatments in Sec.  178.504(b)(7) for steel drums and Sec.  
178.511(b)(5) for aluminum and steel jerricans. Since metals are 
susceptible to corrosion from exposure to certain chemicals (e.g., 
sodium hydroxide solution, or alkaline liquids), PHMSA has determined 
measures need to be taken to ensure the packaging is compatible with 
the contents. Further, the general requirements for packagings in the 
HMR include a compatibility requirement such that even though certain 
packagings are specified in the HMR, it is, nevertheless, the 
responsibility of the person offering a hazardous material for 
transportation to ensure that such packagings are compatible with their 
contents. This applies particularly to corrosivity, permeability, 
softening, premature aging, and embrittlement (see Sec.  173.24(e)). 
However, PHMSA expects that codifying specific conditions in which 
internal protective coatings or treatments must be applied to metal 
drums that are not constructed of steel or aluminum will provide needed 
consistency by providing uniform safety standards for similar 
packagings across the HMR and ensure safe packaging and transport 
within these metal drums.
Section 178.609
    Section 178.609 provides test requirements for packagings for 
infectious substances. PHMSA proposes an editorial amendment in 
paragraph (g) to clarify the performance testing requirements for 
infectious substances packaging. Specifically, PHMSA proposes to amend 
paragraph (g) to clarify that only one additional test is required for 
packages for infectious substances containing dry ice. The 21st revised 
edition of the UN Model Regulations made a similar clarification 
regarding the testing requirements for these packagings and PHMSA has 
determined that the current HMR also contains conflicting language in 
Sec.  178.609. Currently paragraph (g), which specifies additional 
testing requirement for packagings intended to contain dry ice, may be 
interpreted to either require five additional samples dropped once 
each, or one additional sample packaging dropped five times. However, 
requiring one sample to be dropped five times in one orientation would 
not be consistent with drop testing requirements applicable to other 
packagings. PHMSA proposes to amend paragraph (g) to clearly state only 
one additional sample must be dropped in a single orientation; namely, 
the orientation the tester determines would be most likely to result in 
failure of the packaging in light of the properties of the packaging 
and the test surface. PHMSA does not consider this change to be 
technical, but editorial, with the intent of conveying the testing 
protocol, as it was designed, more clearly. For that reason, PHMSA does 
not expect any change in level of safety than what

[[Page 43872]]

was originally intended. This change would simply result in a package 
being tested in line with the design of the original packaging test 
method.
Section 178.703
    Section 178.703 outlines the marking requirements for intermediate 
bulk containers (IBCs). PHMSA proposes to amend two marking 
requirements in this Section.
    In paragraph (b)(6), which specifies additional marking 
requirements for composite IBCs, the amendment would specify that the 
required markings on inner receptacles of these packagings must either 
be readily visible while in the outer casing or duplicated on the outer 
casing to facilitate inspection verifying compliance with the 
applicable package performance standard marking requirements.
    In paragraph (b)(7), which outlines the marking requirements for 
IBCs that are designed to be stacked, PHMSA proposes to revise language 
in paragraph (b)(7)(iv) to clarify the maximum stacking load 
requirements pertaining to each marking requirement. Currently 
paragraph (b)(7)(iv) indicates that the maximum permitted stacking load 
``applicable when the IBC is in use,'' must be displayed. PHMSA has 
determined that this phrase may be misinterpreted to mean that the 
stacking load applies only to transportation, leading to these 
packagings being stacked inappropriately when not in transportation, 
such as in warehouse storage. PHMSA proposes to remove the words 
``applicable when the IBC is in use,'' to clarify that stacking loads 
should never be exceeded whether in transportation or in storage. PHMSA 
has determined that clarifying the regulatory text regarding the proper 
use of these packagings will provide an enhanced level of safety both 
during transport and during storage.
Section 178.705
    Section 178.705 prescribes specifications for metal IBCs. Paragraph 
(c) outlines construction requirements and paragraph (c)(1)(iv) 
specifies the minimum wall thickness requirements for metal IBCs. Metal 
IBCs are currently the only type of IBCs for which there are minimum 
wall thickness requirements, which is likely a holdover from 
regulations for cubical tank containers, from which the metal IBCs were 
once derived.\32\ In contrast, because of performance testing 
requirements' (i.e., drop, stack and vibration) ability to demonstrate 
the integrity of the package, the 21st revised edition of the UN Model 
Regulations include an amendment which now provides that minimum wall 
thickness requirements apply only to metal IBCs that have a capacity of 
more than 1500 L (396 gallons), while metal IBCs with a volume of 1500 
L or less are no longer subject to previous prescriptive minimum wall 
thickness requirements.
---------------------------------------------------------------------------

    \32\ Stainless Steel Container Association, Proposal on Minimum 
Wall Thickness for Metal IBCs Submitted to the Sub-Committee of 
Experts on the Transport of Dangerous Goods During the 54th Session 
(Sep. 7, 2018), https://www.unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SG-AC.10-C.3-2018-96e.pdf.
---------------------------------------------------------------------------

    Therefore, PHMSA proposes to revise the minimum wall thickness 
requirements for metal IBCs with a volume of 1500 L or less to provide 
additional design and construction flexibility with regards to IBC 
designs. This amendment would harmonize with the 21st revised edition 
of the UN Model Regulations. PHMSA solicits comments on the following 
safety and economic impacts regarding this proposed amendment:
     Does the reliance on the performance testing system and 
the elimination of a prescriptive minimum wall thickness for metal 
IBC's with a capacity of 1500 L or less present an unnecessary safety 
risk (e.g., reduced corrosion protection, ability to prevent punctures 
or ruptures resulting from conditions normally incident to 
transportation)? Explain.
     Do manufacturers primarily use a reference steel or are 
other steels commonly used? If so, which ones?
     If the minimum thickness requirement were removed for 
metal IBCs with a capacity of 1500 L or less, what calculations will 
the manufacturers use to determine the design minimum thickness for the 
IBCs made from the reference steel?
     What is an approximate number of metal IBC design types 
and the number of IBCs manufactured in accordance with these design 
types that could reasonably expected to be in transportation?
     What is the expected cost savings from the removal of a 
minimum wall thickness requirement for IBCs at or below the proposed 
1500 L capacity?
     What are the expected impacts of not harmonizing HMR 
requirements for metal IBCs with a capacity of 1500 L or less?
    As an alternative to the proposed rule, PHMSA is also considering a 
change to Sec.  171.23, which prescribes requirements for specific 
materials and packagings transported under incorporated international 
standards to prohibit transportation or offering for transportation of 
metal IBCs with a capacity of 1500 L or less when that transportation 
is made in accordance with the ICAO Technical Instructions, IMDG Code, 
Transport Canada TDG Regulations, or the IAEA Regulations. PHMSA also 
solicits comments on that potential prohibition.

G. Part 180

Section 180.207
    Section 180.207 outlines the requirements for the requalification 
of UN pressure receptacles. Paragraph (d) specifies the requalification 
procedures for various types of UN cylinders but, consistent with 
historical approach of the UN Model Regulations, does not include any 
procedures for the periodic inspection of UN cylinder bundles. However, 
the 21st revised edition of the UN Model Regulations addressed that gap 
by adding a new reference document entitled ISO 20475: 2018 ``Gas 
cylinders--Cylinder bundles--Periodic inspection and testing.'' ISO 
20475 provides detailed procedures for maintenance and periodic 
inspection of cylinder bundles.
    PHMSA proposes to add paragraph (d)(7) to reference ISO 20475:2018, 
``Gas cylinders--Cylinder bundles--Periodic inspection and testing'' to 
provide a requalification standard for UN cylinder bundles because 
requalification procedures may differ for bundles of cylinders versus 
individual cylinders. This document was developed based on the need for 
a standard specific to cylinder bundles which would allow them to be 
reintroduced into service for an extended period of time. PHMSA expects 
that incorporating by reference a safety standard for requalification 
will reduce business costs and environmental effects by allowing 
existing cylinders to be reintroduced into service for continued use. 
As a participant on the UNSCOE, this standard was reviewed by PHMSA and 
other international bodies for inclusion in the UN Model Regulations 
based on its need and safety merit. Incorporating by reference ISO 
20475 in the HMR is necessary, not only for international 
harmonization, but also to address the lack of such a standard in the 
HMR. Additionally, PHMSA proposes to remove a reference to the 
outdated, third edition of ISO 10462(E), ``Gas cylinders--Transportable 
cylinders for dissolved acetylene--Periodic inspection and 
maintenance'' in paragraph (d)(3) used for the requalification of 
dissolved acetylene cylinders. Requalification is required in 
accordance with the third edition of ISO 10462:2013(E); however, 
requalification

[[Page 43873]]

in accordance with the second edition was authorized until December 31, 
2018 in 180.207(d)(3). This date has since passed and, therefore, PHMSA 
proposes removing reference from this Section of the HMR. Consistent 
with this revision, the incorporation by reference of the second 
edition is removed from Sec.  171.7(w) of the HMR. Additionally, 
acetylene cylinders requalified in accordance with the second edition 
before December 31, 2018, must be subsequently requalified in 
accordance with referenced third edition. PHMSA expects that these 
amendments will enhance safety by providing cylinder users with the 
necessary guidelines for the continued use of UN cylinders.
    The proposed regulatory text references ISO 10462:2013(E), which 
was previously approved for incorporation by reference in this section, 
and no changes are proposed for this standard.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This NPRM is published under the authority of Federal hazardous 
materials transportation law. Section 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. Additionally, 49 U.S.C. 5120 authorizes the 
Secretary to consult with interested international authorities to 
ensure that, to the extent practicable, regulations governing the 
transportation of hazardous materials in commerce are consistent with 
the standards adopted by international authorities. The Secretary has 
delegated the authority granted in the Federal hazardous materials 
transportation law to the PHMSA Administrator at 49 CFR 1.97(b).

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866 (``Regulatory Planning and Review'') \33\ 
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.'' Similarly, DOT Order 2100.6A 
(``Policies and Procedures for Rulemakings'') requires that PHMSA 
rulemaking actions include ``an assessment of the potential benefits, 
costs, and other important impacts of the regulatory action,'' and (to 
the extent practicable) the benefits, costs, and any significant 
distributional impacts, including any environmental impacts.
---------------------------------------------------------------------------

    \33\ 58 FR 51735 (Oct. 4, 1993).
---------------------------------------------------------------------------

    Executive Order 12866 and DOT Order 2100.6A require that PHMSA 
submit ``significant regulatory actions'' to the Office of Management 
and Budget (OMB) for review. This rulemaking is not considered a 
significant regulatory action under section 3(f) of Executive Order 
12866 and, therefore, was not formally reviewed by OMB. This rulemaking 
is also not considered a significant rule under DOT Order 2100.6A.
    The following is a brief summary of costs, savings and net benefits 
of some of the amendments proposed in this notice. PHMSA has developed 
a more detailed analysis of these costs and benefits in the preliminary 
regulatory impact analysis (PRIA), a copy of which has been placed in 
the docket. PHMSA seeks public comment on its proposed revisions to the 
HMR and the preliminary cost and benefit analyses in the PRIA.
    PHMSA proposes to amend the HMR to maintain alignment with 
international regulations and standards, thereby maintaining the high 
safety standard currently achieved under the HMR, facilitating the safe 
transportation of critical vaccines and other medical materials 
associated with the response to the COVID-19 public health emergency, 
and aligning HMR requirements with anticipated increases in the volume 
of lithium batteries transported in interstate commerce from 
electrification of the transportation and other economic sectors. PHMSA 
examined the likely impacts of finalizing and implementing the 
provisions proposed in the NPRM in order to assess the benefits and 
costs of these amendments. This analysis allowed PHMSA to 
quantitatively assess the material effects of three of the proposed 
amendments in the rulemaking. The effects of six remaining proposed 
amendments are not quantified but are assessed qualitatively.
    PHMSA estimates that the annualized quantified net cost savings of 
this rulemaking, using a 7 percent discount rate, are approximately 
$23.5 to $28.5 million per year. The following table presents a summary 
of the monetized impacts that these proposed changes may have upon 
codification.

[[Page 43874]]



                                                           Summary Table of Net Regulatory Cost Savings, Discount Rate = 7%, 2022-2031
                                                                                             [$2019]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                              10 year costs        10 year cost savings      10 year net cost savings       Annual costs         Annual cost savings     Annual net cost savings
             Rule amendments             -------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Low        High         Low          High           Low          High         Low        High        Low          High         Low          High
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Amendment 2: Electric and Electronic       $618,355   $811,662             0             0    ($618,355)    ($811,662)    $88,040   $115,562            0            0    ($88,040)   ($115,562)
 Detonators.............................
Amendment 5: Lithium Battery Mark.......          0          0   159,315,195   173,458,922   159,315,195   173,458,922          0          0   22,682,900   24,696,648   22,682,900   24,696,648
Amendment 7: Data Loggers...............          0          0     6,257,717    27,622,576     6,257,717    27,622,576          0          0      890,958    3,932,833      890,958    3,932,833
                                         -------------------------------------------------------------------------------------------------------------------------------------------------------
    Total...............................    618,355    811,662   165,572,913   201,081,499   164,954,558   200,269,837     88,040    115,562   23,573,858   28,629,482   23,485,818   28,513,919
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 43875]]

    The safety and environmental benefits of the proposed rule have not 
been quantified. However, PHMSA expects the proposed amendments would 
help to improve public safety and reduce the risk of environmental harm 
by maintaining consistency between these international regulations and 
the HMR. Harmonization of the HMR with international consensus 
standards as proposed could reduce delays and interruptions of 
hazardous materials during transportation, thereby lowering GHG 
emissions and safety risks to communities (including minority, low-
income, underserved, and other disadvantaged populations and 
communities) in the vicinity of interim storage sites and 
transportation arteries and hubs.

C. Executive Order 13132

    PHMSA analyzed this rulemaking in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism'') \34\ 
and the Presidential memorandum (''Preemption'') that was published in 
the Federal Register on May 22, 2009.\35\ Executive Order 13132 
requires agencies to assure meaningful and timely input by State and 
local officials in the development of regulatory policies that may have 
``substantial direct effects 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.''
---------------------------------------------------------------------------

    \34\ 64 FR 43255 (Aug. 10, 1999).
    \35\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------

    The rulemaking may preempt State and local, and Native American 
Tribe requirements, but does not propose any regulation that has 
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. The Federal 
hazardous materials transportation law contains an express preemption 
provision at 49 U.S.C. 5125(b) that preempts State, local, and Tribal 
requirements on certain covered subjects, unless the non-Federal 
requirements are ``substantively the same'' as the Federal 
requirements, including the following:
    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous material 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 material; and
    (5) The design, manufacture, fabrication, inspection, marking, 
maintenance, recondition, repair, or testing of a packaging or 
container represented, marked, certified, or sold as qualified for use 
in transporting hazardous material in commerce.
    This proposed rule addresses covered subject items (1), (2), (3), 
(4), and (5) above and would preempt State, local, and Tribal 
requirements not meeting the ``substantively the same'' standard. In 
this instance, the preemptive effect of the proposed rule is limited to 
the minimum level necessary to achieve the objectives of the hazardous 
materials transportation law under which the final rule is promulgated. 
Therefore, the consultation and funding requirements of Executive Order 
13132 do not apply.

D. Executive Order 13175

    PHMSA analyzed this rulemaking in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments'') \36\ and DOT Order 
5301.1 (``Department of Transportation Policies, Programs, and 
Procedures Affecting American Indians, Alaska Natives, and Tribes''). 
Executive Order 13175 and DOT Order 5301.1 require DOT Operating 
Administrations to assure meaningful and timely input from Native 
American Tribal government representatives in the development of rules 
that significantly or uniquely affect Tribal communities by imposing 
``substantial direct compliance costs'' or ``substantial direct 
effects'' on such communities or the relationship and distribution of 
power between the Federal government and Native American Tribes.
---------------------------------------------------------------------------

    \36\ 65 FR 67249 (Nov. 9, 2000).
---------------------------------------------------------------------------

    PHMSA assessed the impact of the rulemaking and determined that it 
would not significantly or uniquely affect Tribal communities or Native 
American Tribal governments. The changes to the HMR proposed in this 
NPRM are facially neutral and would have broad, national scope; PHMSA, 
therefore, expects this rulemaking not to significantly or uniquely 
affect Tribal communities, much less impose substantial compliance 
costs on Native American Tribal governments or mandate Tribal action. 
And because PHMSA expects the rulemaking would not adversely affect the 
safe transportation of hazardous materials generally, PHMSA does not 
expect it would entail disproportionately high adverse risks for Tribal 
communities. For these reasons, PHMSA does not expect the funding and 
consultation requirements of Executive Order 13175 and DOT Order 5301.1 
to apply. However, PHMSA solicits comment from Native American Tribal 
governments and communities on potential impacts of the proposed 
rulemaking.

E. Regulatory Flexibility Act and Executive Order 13272

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
agencies to review proposed regulations to assess their impact on small 
entities, unless the agency head certifies that a proposed rulemaking 
will not have a significant economic impact on a substantial number of 
small entities including 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. 
The Regulatory Flexibility Act directs agencies to establish exceptions 
and differing compliance standards for small businesses, where possible 
to do so and still meet the objectives of applicable regulatory 
statutes. Executive Order 13272 (``Proper Consideration of Small 
Entities in Agency Rulemaking'') \37\ requires agencies to establish 
procedures and policies to promote compliance with the Regulatory 
Flexibility Act and to ``thoroughly review draft rules to assess and 
take appropriate account of the potential impact'' of the rules on 
small businesses, governmental jurisdictions, and small organizations. 
The DOT posts its implementing guidance on a dedicated web page.\38\
---------------------------------------------------------------------------

    \37\ 67 FR 53461 (Aug. 16, 2002).
    \38\ DOT, ``Rulemaking Requirements Related to Small Entities,'' 
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed June 17, 2021).
---------------------------------------------------------------------------

    This proposed rulemaking has been developed in accordance with 
Executive Order 13272 and with DOT's procedures and policies to promote 
compliance with the Regulatory Flexibility Act to ensure that potential 
impacts of draft rules on small entities are properly considered. This 
proposed rule facilitates the transportation of hazardous materials in 
international commerce by providing consistency with international 
standards. It applies to offerors and carriers of hazardous materials, 
some of whom are small entities, such as chemical manufacturers, users, 
and suppliers,

[[Page 43876]]

packaging manufacturers, distributors, and training companies. As 
discussed at length in the PRIA in the rulemaking docket, the 
amendments in this proposed rule should result in net cost savings that 
would ease the regulatory compliance burden for those and other 
entities engaged in domestic and international commerce, including 
trans-border shipments within North America. Additionally, the changes 
proposed in this NPRM would relieve U.S. companies, including small 
entities competing in foreign markets, from the burden of complying 
with a dual system of regulations. Therefore, PHMSA expects that these 
amendments will not, if adopted, have a significant economic impact on 
a substantial number of small entities. However, PHMSA solicits 
comments on the anticipated economic impacts to small entities.

F. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), 
no person is required to respond to an information collection unless it 
has been approved by OMB and displays a valid OMB control number. 
Pursuant to 44 U.S.C. 3506(c)(2)(B) and 5 CFR 1320.8(d), PHMSA must 
provide interested members of the public and affected agencies with an 
opportunity to comment on information collection and recordkeeping 
requests.
    PHMSA has analyzed this NPRM in accordance with the Paperwork 
Reduction Act. PHMSA currently accounts for shipping paper burdens 
under OMB Control Number 2137-0034, ``Hazardous Materials Shipping 
Papers and Emergency Response Information.'' PHMSA proposes a number of 
amendments that may impact the burden accounted for in OMB Control 
Number 2137-0034. They include requiring the word ``stabilized'' as a 
part of the proper shipping name for ``UN2522, 2-Dimethlaminoethl 
methacrylate,'' adding the applicable term ``DAMAGED/DEFECTIVE,'' 
``LITHIUM BATTERIES FOR DISPOSAL'' or ``LITHIUM BATTERIES FOR 
RECYCLING'', excepting marine pollutants from the requirement to 
supplement the proper shipping name with a technical name for UN3077 
and UN3082, and requiring documentation of the holding time for 
refrigerated liquefied gases transported in portable tanks. However, 
while PHMSA estimates that there will be some impact in the annual 
burden related to shipping papers, PHMSA expects the overall impact to 
annual burden is negligible in relation to the number of burden hours 
currently associated with this information collection.
    OMB Control Number 2137-0051, ``Rulemaking, Special Permits, and 
Preemption Requirements,'' currently accounts for burden associated 
with petitions for rulemaking, special permit applications, and 
preemption requests. PHMSA proposes to authorize certain ISO standard 
valves in Sec.  173.301b(c)(2) and expand Sec.  175.10 to allow 
passenger and crewmembers to carry certain Division 2.2 aerosols in 
carry-on baggage, both of which eliminate the need for use of a special 
permit. While PHMSA expects these proposals to reduce the burden 
associated with this information collection, PHMSA anticipates the 
reduction is negligible in relation to the total burden hours 
associated with special permit applications.
    PHMSA accounts for the burden from approval applications in OMB 
Control Number 2137-0557, ``Approvals for Hazardous Materials.'' PHMSA 
proposes to add a new HMT entry for ``UN3549, Medical Waste, Category 
A, Affecting Humans, solid or Medical Waste, Category A, Affecting 
Animals only, solid'' and require an approval for transportation in 
accordance with Special Provision 131, which PHMSA expects would 
increase the number of annual approval applicants. PHMSA also proposes 
to add new entries to the Sec.  173.225 Organic Peroxide Table, which 
PHMSA expects would decrease the number of annual approval applicants. 
However, PHMSA expects that these proposed changes are negligible to 
the overall impact of the total burden in relation to the number of 
burden hours associated with this information collection.
    PHMSA requests comments on the information collection and 
recordkeeping burdens associated with developing, implementing, and 
maintaining the proposed requirements in this NPRM. Address written 
comments to the DOT Docket Operations Office identified in the 
ADDRESSES section of this rulemaking. PHMSA must receive comments 
regarding information collection burdens prior to the close of the 
comment period identified in the DATES section of this rulemaking. 
Requests for a copy of this information collection should be directed 
to Steven Andrews or Shelby Geller, Standards and Rulemaking Division 
(PHH-10), Pipeline and Hazardous Materials Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590-0001. If these proposed 
requirements are adopted in a final rule, PHMSA will submit the revised 
information collection and recordkeeping requirements to OMB for 
approval.

G. Regulation Identifier Number

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulatory and 
Deregulatory Actions (``Unified Agenda''). The Regulatory Information 
Service Center publishes the Unified Agenda in April and October of 
each year; the most recent version was published in June 2021. The RIN 
contained in the heading of this document can be used to cross-
reference this action with the Unified Agenda.

H. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et 
seq.) requires agencies to assess the effects of Federal regulatory 
actions on State, local, and Tribal governments, and the private 
sector. For any NPRM or final rule that includes a Federal mandate that 
may result in the expenditure by State, local, and Tribal governments, 
or by the private sector of $100 million or more in 1996 dollars in any 
given year, the agency must prepare, amongst other things, a written 
statement that qualitatively and quantitatively assesses the costs and 
benefits of the Federal mandate.
    As explained in the PRIA, this proposed rulemaking does not impose 
unfunded mandates under the UMRA. It does not result in costs of $100 
million or more in 1996 dollars to either State, local, or Tribal 
governments, or to the private sector, in any one year. A copy of the 
PRIA is available for review in the docket.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 
et seq.), requires that Federal agencies analyze proposed actions to 
determine whether the action would have a significant impact on the 
human environment. The Council on Environmental Quality implementing 
regulations (40 CFR parts 1500-1508) require Federal agencies to 
conduct an environmental review considering (1) the need for the 
action, (2) alternatives to the action, (3) probable environmental 
impacts of the action and alternatives, and (4) the agencies and 
persons consulted during the consideration process. DOT Order 5610.1C 
(``Procedures for Considering Environmental Impacts'') establishes 
departmental procedures for evaluation of environmental impacts under 
NEPA and its implementing regulations.

[[Page 43877]]

1. Purpose and Need
    This NPRM would amend the HMR to maintain alignment with 
international consensus standards by incorporating into the HMR various 
amendments, including changes to proper shipping names, hazard classes, 
packing groups, special provisions, packaging authorizations, air 
transport quantity limitations, and vessel stowage requirements. PHMSA 
notes that the amendments proposed in this NPRM are intended to result 
in cost savings and reduced regulatory burden for shippers engaged in 
domestic and international commerce, including trans-border shipments 
within North America. Absent adoption of the amendments proposed in the 
NPRM, U.S. companies--including numerous small entities competing in 
foreign markets--may be at an economic disadvantage because of their 
need to comply with a dual system of regulations. Further, among the 
HMR amendments introduced in this rulemaking are those facilitating the 
transportation of critical vaccines and other medical materials 
associated with response to the COVID-19 public health emergency, and 
others aligning HMR requirements with anticipated increases in the 
volume of lithium batteries transported in interstate commerce from 
electrification of the transportation and other economic sectors.
    As explained at greater length above in the preamble of this NPRM 
and in the PRIA (each of which are incorporated by reference in this 
discussion of the environmental impacts of the Proposed Action 
Alternative), PHMSA expects the adoption of the regulatory amendments 
proposed in this NPRM would maintain the high safety standard currently 
achieved under the HMR. PHMSA has evaluated the safety each of the 
amendments proposed in this NPRM on its own merit, as well as the 
aggregate impact on transportation safety from adoption of those 
amendments.
2. Alternatives
    In proposing this rulemaking, PHMSA is considering the following 
alternatives:
No Action Alternative
    If PHMSA were to select the No Action Alternative, current 
regulations would remain in place and no provisions would be amended or 
added.
Proposed Action Alternative
    This alternative is the current proposal as it appears in this 
NPRM, applying to transport of hazardous materials by various transport 
modes (highway, rail, vessel and aircraft). The proposed amendments 
included in this alternative are more fully discussed in the preamble 
and regulatory text sections of this NPRM.
3. Reasonably Foreseeable Environmental Impacts of the Alternatives
No Action Alternative
    If PHMSA were to select the No Action Alternative, the HMR would 
remain unchanged and no provisions would be amended or added. However, 
any economic benefits gained through harmonization of the HMR with 
updated international consensus standards (including, but not limited 
to, the 21st revised edition of the UN Model Regulations, the 2021-2022 
ICAO Technical Instructions and amendment 40-20 of the IMDG Code) 
governing shipping of hazardous materials would not be realized.
    Additionally, the No Action Alternative would not adopt enhanced 
and clarified regulatory requirements expected to maintain the high 
level of safety in transportation of hazardous materials provided by 
the HMR. As explained in the preamble to the NPRM, consistency between 
the HMR and current international standards can enhance safety by (1) 
ensuring that the HMR is informed by the latest best practices and 
lessons learned; (2) improving understanding of and compliance with 
pertinent requirements; (3) enabling consistent emergency response 
procedures in the event of a hazardous materials incident; and (4) 
facilitating the smooth flow of hazardous materials from their points 
of origin to their points of destination, thereby avoiding risks to the 
public and the environment from release of hazardous materials from 
delays or interruptions in the transportation of those materials. PHMSA 
would not capture those benefits if it were to pass on incorporating 
updated international standards into the HMR under the No Action 
Alternative.
    Additionally, some of the proposed HMR amendments are expected to 
better accommodate than the current HMR the safe transportation of 
emerging technologies (in particular lithium battery technologies), and 
facilitate safe shipment of vaccines and other hazardous materials 
associated with efforts to combat the COVID-19 public health emergency. 
As explained in the PRIA, PHMSA expects a significant increase in the 
volume of shipments of lithium batteries over time as more sectors of 
the U.S. domestic and international economies electrify; PHMSA's 
proposed HMR amendments pertaining to lithium batteries (which touch on 
multiple stages in the lifecycle of a lithium battery) are intended to 
ensure that expansion occurs safely. Similarly, PHMSA understands that 
the response to the COVID-19 public health emergency will result in 
sustained demand for shipments of refrigerated packages employing data 
loggers transporting vaccines, as well as increased volumes of 
sanitizing chemicals and medical waste from diagnosis, treatment, and 
sanitization efforts; the HMR amendments within the Proposed Action 
Alternative are intended to address the risks associated with those 
COVID-related changes in transportation demand. The No Action 
Alternative, in contrast, would not amend the HMR to account for these 
emerging trends in demand for transportation of hazardous materials.
    PHMSA notes that the No Action Alternative would avoid any risks to 
public safety and the environment from the NPRM's proposed 
authorization of shipments of hazardous materials offered pursuant to 
temporary certificates issued by Transport Canada. While the 
transportation of hazardous materials always entails risk, allowing the 
transportation of hazardous materials pursuant to temporary 
certificates issued by Transport Canada could facilitate shipments of 
hazardous materials that are not otherwise compliant with the HMR and 
do not meet an equivalent standard of safety. Arguably, this allowance 
could entail greater risks to public safety and the environment. 
However, based on years of collaboration, PHMSA considers Transport 
Canada to be a partner in hazardous materials safety and has confidence 
in the technical expertise and judgement of the hazardous materials 
safety SMEs at Transport Canada. PHMSA further submits that any risks 
are mitigated by (1) the technical review by Transport Canada subject 
matter experts to determine any shipments would be in the public 
interest, (2) the limited duration of those temporary certificates, (3) 
the terms and conditions imposed in those certificates, (4) other 
regulatory requirements under the TDG Regulations or the HMR that may 
remain applicable, and (5) PHMSA's limitation of its recognition of 
temporary certificates to transportation via motor carrier and rail 
during the particular shipment authorized by a temporary certificate.
    PHMSA expects that the No Action Alternative could have a modest 
impact on GHG emissions. Because PHMSA expects the differences between 
the HMR and international standards for transportation of hazardous 
materials

[[Page 43878]]

could result in transportation delays or interruptions, PHMSA 
anticipates that there could be modestly higher GHG emissions from some 
combination of (1) transfer of delayed hazardous materials to and from 
interim storage, (2) return of improperly shipped materials to their 
point of origin, and (3) re-shipment of returned materials. PHMSA notes 
that it is unable to quantify such GHG emissions because of the 
difficulty in identifying the precise quantity or characteristics of 
such interim storage or returns/re-shipments. The less demanding 
holding time documentation requirements for refrigerated hazardous 
gasses under the current HMR could also result in more frequent venting 
of GHGs (including nitrous oxide, a potent GHG) from portable tanks 
during delays in transportation. PHMSA also submits that, as explained 
at greater length in Section IV.J., to the extent that there are any 
delays arising from inconsistencies between the HMR and recently 
updated international standards, there could also be adverse impacts 
from the No Action Alternative for minority populations, low-income 
populations, or other underserved and other disadvantaged communities.
Proposed Action Alternative
    As explained further in the discussions in each of the No Action 
Alternative above, the preamble, and the PRIA, PHMSA anticipates the 
changes proposed under the Proposed Action Alternative will maintain 
the high safety standards currently achieved under the HMR. 
Harmonization of the HMR with updated international consensus standards 
is also expected to capture economic efficiencies gained from avoiding 
shipping delays and compliance costs associated with having to comply 
with divergent U.S. and international regulatory regimes for 
transportation of hazardous materials. Further, PHMSA expects revision 
of the HMR as proposed in the NPRM will accommodate safe transportation 
of emerging technologies (in particular lithium battery technologies), 
and facilitate safe shipment of vaccines and other hazardous materials 
critical in efforts to combat the COVID-19 public health emergency.
    PHMSA acknowledges that the Proposed Action Alternative could 
introduce risks to public safety and the environment from authorization 
of shipments of hazardous materials pursuant to temporary certificates 
issued by Transport Canada. As explained in the above discussion of the 
No Action Alternative, PHMSA understands that risk to be largely 
theoretical; PHMSA is unaware of evidence that hazardous material 
incidents have occurred as a result of or under the authority of 
temporary certificates. Further, PHMSA notes that the suite of other 
factors (including Transport Canada's review process, certificate terms 
and conditions, and otherwise applicable regulatory requirements of the 
TDG Regulations and the HMR) would mitigate residual risks to public 
safety and the environment.
    PHMSA expects that Proposed Action Alternative could realize modest 
reductions in GHG emissions. Because PHMSA expects the differences 
between the HMR and international standards for transportation of 
hazardous materials could result in delays or interruptions, PHMSA 
anticipates that the No Action Alternative could result in modestly 
higher GHG emissions from some combination of (1) transfer of delayed 
hazardous materials to and from interim storage, (2) return of 
improperly shipped materials to their point of origin, or (3) re-
shipment of returned materials. The Proposed Action Alternative avoids 
those risks resulting from divergence of the HMR from updated 
international standards. PHMSA notes, however, that it is unable to 
quantify any GHG emissions benefits because of the difficulty in 
identifying the precise quantity or characteristics of such interim 
storage or returns/re-shipments. PHMSA also noted that the less 
demanding holding time documentation requirements for refrigerated 
hazardous gasses under the current HMR could also result in more 
frequent venting of GHGs (including nitrous oxide, a potent GHG) from 
portable tanks during delays in transportation than would occur under 
the Proposed Action Alternative. Lastly, PHMSA also submits that, as 
explained at greater length in Section IV.J., the Proposed Action 
Alternative would avoid any delayed or interrupted shipments arising 
from the divergence of the HMR from updated international standards 
under the No Action Alternative that could result in adverse impacts 
for minority populations, low-income populations, or other underserved 
and other disadvantaged communities.
4. Agencies Consulted
    PHMSA has coordinated with the Federal Aviation Administration, the 
Federal Motor Carrier Safety Administration, the Federal Railroad 
Administration, and the U.S. Coast Guard in the development of this 
proposed rule. PHMSA solicits, and will consider, comments on the 
NPRM's potential impacts on the human environment submitted by members 
of the public, state and local governments, tribal communities and 
industry.
5. Proposed Finding of No Significant Impact
    PHMSA expects the adoption of the Proposed Action Alternative's 
regulatory amendments will maintain the HMR's current high level of 
safety for shipments of hazardous materials transported by highway, 
rail, aircraft, and vessel, and as such finds the HMR amendments in the 
NPRM would have no significant impact on the human environment. PHMSA 
expects that the Proposed Action Alternative will avoid adverse safety, 
environmental justice, and GHG emissions impacts of the No Action 
Alternative. Furthermore, based on PHMSA's analysis of these provisions 
described above, PHMSA proposes to find that codification and 
implementation of this rule would not result in a significant impact to 
the human environment.
    PHMSA welcomes any views, data, or information related to 
environmental impacts that may result from NPRM's proposed 
requirements, the No Action Alternative, and other viable alternatives 
and their environmental impacts.

J. Environmental Justice

    DOT Order 5610.2C (Department of Transportation Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations'') and Executive Orders 12898 (``Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations''),\39\ 13985 (``Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government''),\40\ 13990 
(``Protecting Public Health and the Environment and Restoring Science 
To Tackle the Climate Crisis''),\41\ and 14008 (``Tackling the Climate 
Crisis at Home and Abroad'') \42\ require DOT agencies to achieve 
environmental justice as part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects, including interrelated social and 
economic effects of their programs, policies, and activities on 
minority populations, low-income populations, and other underserved and 
disadvantaged communities.
---------------------------------------------------------------------------

    \39\ 59 FR 7629 (Feb. 11, 1994).
    \40\ 86 FR 7009 (Jan. 20, 2021).
    \41\ 86 FR 7037 (Jan. 20, 2021).
    \42\ 86 FR 7619 (Feb. 1, 2021).

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

[[Page 43879]]

    PHMSA has evaluated this proposed rule under the above Executive 
Orders and DOT Order 5610.2C. PHMSA does not expect the proposed rule, 
if finalized, to cause disproportionately high and adverse human health 
and environmental effects on minority, low-income, underserved, and 
other disadvantaged populations and communities. The rulemaking is 
facially neutral and national in scope; it is neither directed toward a 
particular population, region, or community, nor is it expected to 
adversely impact any particular population, region, or community. And 
because PHMSA expects the rulemaking would not adversely affect the 
safe transportation of hazardous materials generally, PHMSA does not 
expect the proposed revisions would entail disproportionately high 
adverse risks for minority populations, low-income populations, or 
other underserved and other disadvantaged communities.
    PHMSA submits that the proposed rulemaking could in fact reduce 
risks to minority populations, low-income populations, or other 
underserved and other disadvantaged communities. Because the proposed 
HMR amendments could avoid the release of hazardous materials and 
reduce the frequency of delays and returned/resubmitted shipments of 
hazardous materials resulting from conflict between the current HMR and 
updated international standards, the proposed rule could reduce risks 
to populations and communities--including any minority, low-income, 
underserved and other disadvantaged populations and communities--in the 
vicinity of interim storage sites and transportation arteries and hubs. 
Additionally, as explained in the above discussion of NEPA, PHMSA 
expects that its proposed HMR amendments will yield modest GHG 
emissions reductions, thereby reducing the risks posed by anthropogenic 
climate change to minority, low-income, underserved, and other 
disadvantaged populations and communities.
    PHMSA solicits comment from minority, low-income, underserved, and 
other disadvantaged populations and communities on potential impacts of 
the proposed rulemaking.

K. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS). DOT's complete Privacy Act 
Statement is in the Federal Register published on April 11, 2000,\43\ 
or on DOT's website at http://www.dot.gov/privacy.
---------------------------------------------------------------------------

    \43\ 65 FR 19477 (Apr. 11, 2000).
---------------------------------------------------------------------------

L. Executive Order 13609 and International Trade Analysis

    Executive Order 13609 (``Promoting International Regulatory 
Cooperation'') \44\ requires that agencies consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. In 
meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
are or would be adopted in the absence of such cooperation. 
International regulatory cooperation can also reduce, eliminate, or 
prevent unnecessary differences in regulatory requirements.
---------------------------------------------------------------------------

    \44\ 77 FR 26413 (May. 4, 2012).
---------------------------------------------------------------------------

    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as 
amended by the Uruguay Round Agreements Act (Pub. L. 103-465) (as 
amended, the Trade Agreements Act), prohibits agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to the Trade Agreements Act, the establishment of 
standards is not considered an unnecessary obstacle to the foreign 
commerce of the United States, 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 
to protect the safety of the American public, and it has assessed the 
effects of the proposed rule to ensure that it does not cause 
unnecessary obstacles to foreign trade. In fact, the proposed rule is 
expected to facilitate international trade by harmonizing U.S. and 
international requirements for the transportation of hazardous 
materials so as to reduce regulatory burdens and minimize delays 
arising from having to comply with divergent regulatory requirements. 
Accordingly, this rulemaking is consistent with Executive Order 13609 
and PHMSA's obligations under the Trade Agreements Act.

M. National Technology Transfer and Advancement Act

    The NTTAA directs federal agencies to use voluntary consensus 
standards in their regulatory activities unless doing so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., specification of 
materials, test methods, or performance requirements) that are 
developed or adopted by voluntary consensus standard bodies. This 
rulemaking involves multiple voluntary consensus standards which are 
discussed at length in the discussion on Sec.  171.7. See Section 171.7 
of the Section-by-Section Review for further details.

N. Executive Order 13211

    Executive Order 13211 (``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'') \45\ 
requires Federal agencies to prepare a Statement of Energy Effects for 
any ``significant energy action.'' Executive Order 13211 defines a 
``significant energy action'' as any action by an agency (normally 
published in the Federal Register) that promulgates, or is expected to 
lead to the promulgation of, a final rule or regulation that (1)(i) is 
a significant regulatory action under Executive Order 12866 or any 
successor order and (ii) is likely to have a significant adverse effect 
on the supply, distribution, or use of energy (including a shortfall in 
supply, price increases, and increased use of foreign supplies); or (2) 
is designated by the Administrator of the Office of Information and 
Regulatory Affairs (OIRA) as a significant energy action.
---------------------------------------------------------------------------

    \45\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

    This proposed rule is not a significant action under Executive 
Order 12866, nor is it expected to have an annual effect on the economy 
of $100 million. Further, this action is not expected to have a 
significant adverse effect on the supply, distribution, or use of 
energy in the United States. The Administrator of OIRA has not 
designated the proposed rule as a significant energy action. For 
additional discussion of the anticipated economic impact of this 
rulemaking, please review the PRIA posted in the rulemaking docket.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference,

[[Page 43880]]

Reporting and recordkeeping requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Incorporation by reference, 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, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 176

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

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference, 
Motor vehicle safety, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Railroad safety, Reporting and 
recordkeeping requirements.

    In consideration of the foregoing, PHMSA proposes to amend 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; Pub. L. 101-410 section 
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

0
2. Amend Sec.  171.7 by:
0
a. Revising paragraphs (s)(1), (t)(1), and (v)(2);
0
b. Revising paragraphs (w)(38) through (77) and adding paragraphs 
(w)(78) through (81); and
0
c. Revising paragraphs (aa)(3), and (dd)(1) through (4).
    The revisions and additions read as follows:


Sec.  171.7   Reference Material.

* * * * *
    (s) * * *
    (1) IAEA Regulations for the Safe Transport of Radioactive 
Material, Safety Standards Series No. SSR-6 (Rev.1), 2018 Edition, into 
Sec. Sec.  171.22; 171.23; 171.26; 173.415; 173.416; 173.417; 173.435; 
173.473.
* * * * *
    (t) * * *
    (1) Technical Instructions for the Safe Transport of Dangerous 
Goods by Air (ICAO Technical Instructions), 2021-2022 Edition, 
copyright 2020 into Sec. Sec.  171.8; 171.22; 171.23; 171.24; 172.101; 
172.202; 172.401; 172.407; 172.512; 172.519; 172.602; 173.56; 173.320; 
175.10, 175.33; 178.3.
* * * * *
    (v) * * *
    (2) International Maritime Dangerous Goods Code (IMDG Code), 
Incorporating Amendment 40-20 (English Edition), Volumes 1 and 2, 2020 
Edition, into Sec. Sec.  171.22; 171.23; 171.25; 172.101; 172.202; 
172.203 172.401; 172.407; 172.502; 172.519; 172.602; 173.21; 173.56; 
176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140; 176.720; 
176.906; 178.3; 178.274.
    (w) * * *
    (38) ISO 10156:2017(E), Gas cylinders--Gases and gas mixtures--
Determination of fire potential and oxidizing ability for the selection 
of cylinder valve outlets, Fourth edition, 2017-07-01, into Sec.  
173.115.
    (39) ISO 10297:1999(E), Gas cylinders--Refillable gas cylinder 
valves--Specification and type testing, First Edition, 1995-05-01, into 
Sec. Sec.  173.301b; 178.71.
    (40) ISO 10297:2006(E), Transportable gas cylinders--Cylinder 
valves--Specification and type testing, Second Edition, 2006-01-15, 
into Sec. Sec.  173.301b; 178.71.
    (41) ISO 10297:2014(E), Gas cylinders--Cylinder valves--
Specification and type testing, Third Edition, 2014-07-15, into 
Sec. Sec.  173.301b; 178.71.
    (42) ISO 10297:2014/Amd 1:2017(E), Gas cylinders--Cylinder valves--
Specification and type testing--Amendment 1: Pressure drums and tubes, 
Third Edition, 2017-03, into Sec. Sec.  173.301b; 178.71.
    (43) ISO 10461:2005(E), Gas cylinders--Seamless aluminum-alloy gas 
cylinders--Periodic inspection and testing, Second Edition, 2005-02-15 
and Amendment 1, 2006-07-15, into Sec.  180.207.
    (44) ISO 10462:2013(E), Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance, Third edition, 2013-12-15, into 
Sec.  180.207.
    (45) ISO 10692-2:2001(E), Gas cylinders--Gas cylinder valve 
connections for use in the micro-electronics industry--Part 2: 
Specification and type testing for valve to cylinder connections, First 
Edition, 2001-08-01, into Sec. Sec.  173.40; 173.302c.
    (46) ISO 11114-1:2012(E), Gas cylinders--Compatibility of cylinder 
and valve materials with gas contents--Part 1: Metallic materials, 
Second edition, 2012-03-15, into Sec. Sec.  172.102; 173.301b; 178.71.
    (47) ISO 11114-1:2012/Amd 1:2017(E), Gas cylinders--Compatibility 
of cylinder and valve materials with gas contents--Part 1: Metallic 
materials--Amendment 1, Second Edition, 2017-01-01, into Sec. Sec.  
172.102, 173.301b, 178.71.
    (48) ISO 11114-2:2013(E), Gas cylinders--Compatibility of cylinder 
and valve materials with gas contents--Part 2: Non-metallic materials, 
Second edition, 2013-04-01, into Sec. Sec.  173.301b; 178.71.
    (49) ISO 11117:1998(E): Gas cylinders--Valve protection caps and 
valve guards for industrial and medical gas cylinders--Design, 
construction and tests, First edition, 1998-08-01, into Sec.  173.301b.
    (50) ISO 11117:2008(E): Gas cylinders--Valve protection caps and 
valve guards--Design, construction and tests, Second edition, 2008-09-
01, into Sec.  173.301b.
    (51) ISO 11117:2008/Cor.1:2009(E): Gas cylinders--Valve protection 
caps and valve guards--Design, construction and tests, Technical 
Corrigendum 1, 2009-05-01, into Sec.  173.301b.
    (52) ISO 11118(E), Gas cylinders--Non-refillable metallic gas 
cylinders--Specification and test methods, First edition, October 1999, 
into Sec.  178.71.
    (53) ISO 11118:2015(E), Gas cylinders--Non-refillable metallic gas 
cylinders--Specification and test methods, Second edition, 2015-09-15, 
into Sec.  178.71.
    (54) ISO 11119-1(E), Gas cylinders--Gas cylinders of composite 
construction--Specification and test methods--Part 1: Hoop-wrapped 
composite gas cylinders, First edition, May 2002, into Sec.  178.71.
    (55) ISO 11119-1:2012(E), Gas cylinders--Refillable composite gas 
cylinders and tubes--Design, construction and testing-- Part 1: Hoop 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 L, 
Second edition, 2012-08-01, into Sec. Sec.  178.71; 178.75.
    (56) ISO 11119-2(E), Gas cylinders--Gas cylinders of composite 
construction--Specification and test methods--Part 2: Fully wrapped 
fibre

[[Page 43881]]

reinforced composite gas cylinders with load-sharing metal liners, 
First edition, May 2002, into Sec.  178.71.
    (57) ISO 11119-2:2012(E), Gas cylinders--Refillable composite gas 
cylinders and tubes--Design, construction and testing--Part 2: Fully 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l 
with load-sharing metal liners, Second edition, 2012-07-15, into 
Sec. Sec.  178.71; 178.75.
    (58) ISO 11119-2:2012/Amd.1:2014(E), Gas cylinders--Refillable 
composite gas cylinders and tubes--Design, construction and testing--
Part 2: Fully wrapped fibre reinforced composite gas cylinders and 
tubes up to 450 l with load-sharing metal liners, Amendment 1, 2014-08-
15, into Sec. Sec.  178.71; 178.75.
    (59) ISO 11119-3(E), Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced 
composite gas cylinders with non-load-sharing metallic or non-metallic 
liners, First edition, September 2002, into Sec.  178.71.
    (60) ISO 11119-3:2013(E), Gas cylinders-- Refillable composite gas 
cylinders and tubes--Design, construction and testing--Part 3: Fully 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l 
with non-load-sharing metallic or non-metallic liners, Second edition, 
2013-04-15, into Sec. Sec.  178.71; 178.75.
    (61) ISO 11119-4:2016(E), Gas cylinders--Refillable composite gas 
cylinders--Design, construction and testing--Part 4: Fully wrapped 
fibre reinforced composite gas cylinders up to 150 l with load-sharing 
welded metallic liners, First Edition, 2016-02-01, into Sec.  178.71; 
178.75.
    (62) ISO 11120 (E), Gas cylinders--Refillable seamless steel tubes 
for compressed gas transport, of water capacity between 150 l and 3000 
l--Design, construction and testing, First edition, 1999-03, into 
Sec. Sec.  178.71; 178.75.
    (63) ISO 11120:2015(E), Gas cylinders--Refillable seamless steel 
tubes of water capacity between 150 l and 3000 l--Design, construction 
and testing, Second Edition, 2015-02-01, into Sec. Sec.  178.71; 
178.75.
    (64) ISO 11513:2011(E), Gas cylinders--Refillable welded steel 
cylinders containing materials for sub-atmospheric gas packaging 
(excluding acetylene)--Design, construction, testing, use and periodic 
inspection, First edition, 2011-09-12, into Sec. Sec.  173.302c; 
178.71; 180.207.
    (65) ISO 11621(E), Gas cylinders--Procedures for change of gas 
service, First edition, April 1997, into Sec. Sec.  173.302, 173.336, 
173.337.
    (66) ISO 11623(E), Transportable gas cylinders--Periodic inspection 
and testing of composite gas cylinders, First edition, March 2002, into 
Sec.  180.207.
    (67) ISO 11623(E), Transportable gas cylinders--Periodic inspection 
and testing of composite gas cylinders, Second edition, 2015-12-01, 
into Sec.  180.207.
    (68) ISO 13340:2001(E), Transportable gas cylinders--Cylinder 
valves for non-refillable cylinders--Specification and prototype 
testing, First edition, 2004-04-01, into Sec. Sec.  173.301b; 178.71.
    (69) ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method, Second Edition, 2008-09-15, into Sec.  173.120.
    (70) ISO 14246:2014(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examination, Second Edition, 2014-06-15, into 
Sec.  178.71.
    (71) ISO 14246:2014/Amd 1:2017(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examinations -Amendment 1, Second Edition, 
2017-06-01, into Sec.  178.71.
    (72) ISO 16111:2008(E), Transportable gas storage devices--Hydrogen 
absorbed in reversible metal hydride, First Edition, 2008-11-15, into 
Sec. Sec.  173.301b; 173.311; 178.71.
    (73) ISO 16148:2016(E), Gas cylinders--Refillable seamless steel 
gas cylinders and tubes--Acoustic emission examination (AT) and follow-
up ultrasonic examination (UT) for periodic inspection and testing, 
Second Edition, 2016-04-15, into Sec.  180.207.
    (74) ISO 17871:2015(E), Gas cylinders--Quick-release cylinder 
valves--Specification and type testing, First Edition, 2015-08-15, into 
Sec.  173.301.
    (75) ISO 17879: 2017(E), Gas cylinders--Self-closing cylinder 
valves--Specification and type testing, First Edition, 2017-07-01, into 
Sec. Sec.  173.301b and 178.71.
    (76) ISO 18172-1:2007(E), Gas cylinders--Refillable welded 
stainless steel cylinders--Part 1: Test pressure 6 MPa and below, First 
Edition, 2007-03-01, into Sec.  178.71.
    (77) ISO 20475:2018(E), Gas cylinders--Cylinder bundles--Periodic 
inspection and testing, First Edition, 2018-02-01, into Sec.  180.207.
    (78) ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing, First Edition, 2006-
05-01, into Sec.  178.71.
    (79) ISO 21172-1:2015(E), Gas cylinders--Welded steel pressure 
drums up to 3 000 litres capacity for the transport of gases--Design 
and construction--Part 1: Capacities up to 1000 litres, First edition, 
2015-04-01, into Sec.  178.71.
    (80) ISO 22434:2006(E), Transportable gas cylinders--Inspection and 
maintenance of cylinder valves, First Edition, 2006-09-01, into Sec.  
180.207.
    (81) ISO/TR 11364:2012(E), Gas cylinders--Compilation of national 
and international valve system/gas cylinder neck threads and their 
identification and marking system, First Edition, 2012-12-01, into 
Sec.  178.71.
* * * * *
    (aa) * * *
    (3) Test No. 431: In Vitro Skin Corrosion: Reconstructed Human 
Epidermis (RHE) Test Method, OECD Guidelines for the Testing of 
Chemicals, 29 July 2016, into Sec.  173.137.
* * * * *
    (dd) * * *
    (1) UN Recommendations on the Transport of Dangerous Goods, Model 
Regulations (UN Recommendations), 21st revised edition, Volumes I and 
II, ST/SG/AC.10.1/21/Rev.21, (2019), into Sec. Sec.  171.8; 171.12; 
172.202; 172.401; 172.407; 172.502; 172.519; 173.22; 173.24; 173.24b; 
173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; 178.274.
    (2) Manual of Tests and Criteria, 7th revised edition, ST/SG/AC.10/
11/Rev.7 (2019), into Sec. Sec.  171.24, 172.102; 173.21; 173.56; 
173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 173.127; 173.128; 
173.137; 173.185; 173.220; 173.221; 173.224; 173.225; 173.232; part 
173, appendix H; 175.10; 176.905; 178.274.
    (3) Globally Harmonized System of Classification and Labelling of 
Chemicals (GHS), 8th revised edition, ST/SG/AC.10/30/Rev.8 (2019), into 
Sec.  172.401.
    (4) ECE/TRANS/300 (Vol. I and II), Agreement concerning the 
International Carriage of Dangerous Goods by Road (ADR), copyright 
2020, into Sec.  171.23.
* * * * *
0
3. In Sec.  171.8, the definitions for ``SADT'' and ``SAPT'' are 
revised to read as follows:


Sec.  171.8   Definitions and abbreviations.

* * * * *
    SADT means self-accelerated decomposition temperature and is the 
lowest temperature at which self-accelerating decomposition may occur 
in a substance in the packaging, IBC, or portable tank offered for 
transport. See also Sec.  173.21(f) of this subchapter.
* * * * *
    SAPT means self-accelerated polymerization temperature and is the 
lowest temperature at which self-accelerating polymerization may occur 
with a substance in the packaging, IBC,

[[Page 43882]]

or portable tank as offered for transport. See also Sec.  173.21(f) of 
this subchapter. This definition will be effective until January 2, 
2023.
* * * * *
0
4. In Sec.  171.12, paragraph (a)(1) is revised to read as follows:


Sec.  171.12   North American Shipments.

    (a) * * *
    (1) A hazardous material transported from Canada to the United 
States, from the United States to Canada, or transiting the United 
States to Canada or a foreign destination may be offered for 
transportation or transported by motor carrier and rail in accordance 
with the Transport Canada TDG Regulations (IBR, see Sec.  171.7), an 
equivalency certificate (permit for equivalent level of safety), or a 
temporary certificate (permit in support of public interest) issued by 
Transport Canada as an alternative to the TDG Regulations, as 
authorized in Sec.  171.22, provided the requirements in Sec. Sec.  
171.22 and 171.23, as applicable, and this section are met. In 
addition, a cylinder, pressure drum, MEGC, cargo tank motor vehicle, 
portable tank or rail tank car authorized by the Transport Canada TDG 
Regulations may be used for transportation to, from, or within the 
United States provided the cylinder, pressure drum, MEGC, cargo tank 
motor vehicle, portable tank, or rail tank car conforms to the 
applicable requirements of this section. Except as otherwise provided 
in this subpart and subpart C of this part, the requirements in parts 
172, 173, and 178 of this subchapter do not apply for a material 
transported in accordance with the Transport Canada TDG Regulations.
* * * * *
0
5. In Sec.  171.23, paragraph (a)(3) is revised to read as follows:


Sec.  171.23   Requirements for specific materials and packagings 
transported under the ICAO Technical Instructions, IMDG Code, Transport 
Canada TDG Regulations, or the IAEA Regulations.

    (a) * * *
    (3) Pi-marked pressure receptacles. Pressure receptacles that are 
marked with a pi mark in accordance with the European Directive 2010/
35/EU (IBR, see Sec.  171.7) on transportable pressure equipment (TPED) 
and that comply with the requirements of Packing Instruction P200 or 
P208 and 6.2 of the ADR (IBR, see Sec.  171.7) concerning pressure 
relief device use, test period, filling ratios, test pressure, maximum 
working pressure, and material compatibility for the lading contained 
or gas being filled, are authorized as follows:
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING 
REQUIREMENTS, AND SECURITY PLANS

0
6. The authority citation for part 172 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 
1.97.

0
7. In Sec.  172.101, The Hazardous Materials Table is amended by 
removing the entries under ``[REMOVE],'' by adding the entries under 
``[ADD,]'' and by revising entries under ``[REVISE]'' in the 
appropriate alphabetical sequence. The additions and revisions read as 
follows:


Sec.  172.101   Purpose and use of the hazardous materials table.

* * * * *

[[Page 43883]]



 
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               (8)                                      (9)                            (10)
                    Hazardous                                                                                          -----------------------------------------------------------------------------------------------------------------
                    materials        Hazard                                                                                        Packaging  (Sec.   173.***)              Quantity limitations  (see            Vessel stowage
   Symbols      descriptions and    class or     Identification          PG          Label codes    Special Provisions --------------------------------------------------     Sec.  Sec.   173.27 and    -------------------------------
                 proper shipping    division          No.                                            (Sec.   172.102)                                                    -------------175.75)------------
                      names                                                                                                Exceptions        Non-bulk          Bulk          Passenger      Cargo air-       Location          Other
                                                                                                                                                                           aircraft/rail    craft only
(1)            (2)...............         (3)  (4)                (5)............  (6)............  (7)...............  (8A)...........  (8B)...........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REMOVE]
 
                                                                                                              * * * * * * *
               Battery-powered              9  UN3171             ...............  9..............  134...............  220............  220............  None..........  No limit......  No limit......  A.............  ..............
                vehicle or
                Battery-powered
                equipment.
 
                                                                                                              * * * * * * *
               Dangerous Goods in           9  UN3363             ...............  ...............  136, A105.........  None...........  222............  None..........  See A105......  See A105......  A.............  ..............
                Machinery or
                Dangerous Goods
                in Apparatus.
 
                                                                                                              * * * * * * *
               2-                         6.1  UN2522             II.............  6.1............  IB2, T7, TP2......  153............  202............  243...........  5 L...........  60 L..........  B.............  40
                Dimethylaminoethy
                l methacrylate.
               Fuel system
                components
                (including fuel
                control units
                (FCU),
                carburetors, fuel
                lines, fuel
                pumps) see
                Dangerous Goods
                in Apparatus or
                Dangerous Goods
                in Machinery.
               Regulated medical          6.2  UN3291             II.............  6.2............  41, 337, A13......  134............  197............  197...........  No limit......  No limit......  B.............  40
                waste, n.o.s. or
                Clinical waste,
                unspecified,
                n.o.s. or (BIO)
                Medical waste,
                n.o.s. or
                Biomedical waste,
                n.o.s., or
                Medical Waste
                n.o.s..
 
                                                                                                              * * * * * * *
               [ADD]
 
                                                                                                              * * * * * * *
               Battery-powered              9  UN3171             ...............  9..............  134, 360..........  220............  220............  None..........  No limit......  No limit......  A.............  ..............
                vehicle or
                Battery-powered
                equipment.
 
                                                                                                              * * * * * * *
               Dangerous goods in           9  UN3363             ...............  ...............  136, A105.........  None...........  222............  None..........  See A105......  See A105......  A.............  ..............
                articles or
                Dangerous goods
                in machinery or
                Dangerous goods
                in apparatus.
 
                                                                                                              * * * * * * *
               Detonators,               1.1B  UN0511             ...............  1.1B...........  148...............  63(f), 63(g)...  62.............  None..........  Forbidden.....  Forbidden.....  05............  25
                electronic
                programmable for
                blasting.
               Detonators,               1.4B  UN0512             ...............  1.4B...........  103...............  63(f), 63(g)...  62.............  None..........  Forbidden.....  75 kg.........  05............  25
                electronic
                programmable for
                blasting.
               Detonators,               1.4S  UN0513             ...............  1.4S...........  148, 347..........  63(f), 63(g)...  62.............  None..........  25 kg.........  100 kg........  01............  25
                electronic
                programmable for
                blasting.
 
                                                                                                              * * * * * * *
               2-                         6.1  UN2522             II.............  6.1............  387, IB2, T7, TP2.  153............  202............  243...........  5 L...........  60 L..........  B.............  40
                Dimethylaminoethy
                l methacrylate,
                stabilized.
 
                                                                                                              * * * * * * *
               Fuel system
                components
                (including fuel
                control units
                (FCU),
                carburetors, fuel
                lines, fuel
                pumps) see
                Dangerous Goods
                in Apparatus or
                Dangerous Goods
                in Articles or
                Dangerous Goods
                in Machinery.
               Medical waste,             6.2  UN3549             ...............  6.2............  131, 430..........  ...............  ...............  ..............  ..............  ..............  ..............  ..............
                category A,
                affecting humans,
                solid or Medical
                waste, category
                A, affecting
                animals only,
                solid.
               Regulated medical          6.2  UN3291             ...............  6.2............  41, 337, A13......  134............  197............  197...........  No limit......  No limit......  B.............  40
                waste, n.o.s. or
                Clinical waste,
                unspecified,
                n.o.s. or (BIO)
                Medical waste,
                n.o.s. or
                Biomedical waste,
                n.o.s., or
                Medical Waste
                n.o.s..
 
                                                                                                              * * * * * * *
               [REVISE]

[[Page 43884]]

 
 
                                                                                                              * * * * * * *
               Aerosols,                  2.2  UN1950             ...............  2.2, 8.........  A34...............  306............  None...........  None..........  75 kg.........  150 kg........  A.............  25, 87, 126,
                corrosive,                                                                                                                                                                                                 157
                Packing Group II
                or III, (each not
                exceeding 1 L
                capacity).
               Aerosols,                  2.1  UN1950             ...............  2.1............  N82...............  306............  None...........  None..........  75 kg.........  150 kg........  A.............  25, 87, 126,
                flammable, (each                                                                                                                                                                                           157
                not exceeding 1 L
                capacity).
               Aerosols,                  2.1  UN1950             ...............  2.1............  N82...............  306............  304............  None..........  Forbidden.....  150 kg........  A.............  25, 87, 126,
                flammable, n.o.s.                                                                                                                                                                                          157
                (engine starting
                fluid) (each not
                exceeding 1 L
                capacity).
               Aerosols, non-             2.2  UN1950             ...............  2.2............  ..................  306............  None...........  None..........  75 kg.........  150 kg........  A.............  25, 87, 126,
                flammable, (each                                                                                                                                                                                           157
                not exceeding 1 L
                capacity).
               Aerosols, poison,          2.2  UN1950             ...............  2.2, 6.1.......  ..................  306............  None...........  None..........  Forbidden.....  Forbidden.....  A.............  25, 87, 126,
                Packing Group III                                                                                                                                                                                          157
                (each not
                exceeding 1 L
                capacity).
 
                                                                                                              * * * * * * *
G............  Alcoholates                  3  UN3274             II.............  3, 8...........  IB2...............  150............  202............  243...........  1 L...........  5 L...........  B.............  52
                solution, n.o.s.,
                in alcohol.
 
                                                                                                              * * * * * * *
G............  Alkali metal               4.2  UN3206             II.............  4.2, 8.........  64, A7, IB5, IP2,   None...........  212............  242...........  15 kg.........  50 kg.........  B.............  52
                alcoholates, self-                                                                   T3, TP33, W31.
                heating,
                corrosive, n.o.s..
 
                                                                  III............  4.2, 8.........  64, A7, IB8, IP3,   None...........  213............  242...........  25 kg.........  10 kg.........  B.............  52
                                                                                                     T1, TP33, W31.
 
                                                                                                              * * * * * * *
G............  Articles                   4.2  UN3542             ...............  4.2............  131, 391..........  None...........  214............  214...........  Forbidden.....  Forbidden.....  ..............  ..............
                containing a
                substance liable
                to spontaneous
                combustion,
                n.o.s..
G............  Articles                   4.3  UN3543             ...............  4.3............  131, 391..........  None...........  214............  214...........  Forbidden.....  Forbidden.....  ..............  ..............
                containing a
                substance which
                in contact with
                water emits
                flammable gases,
                n.o.s..
G............  Articles                     8  UN3547             ...............  8..............  391...............  None...........  232............  232...........  Forbidden.....  Forbidden.....  B.............  ..............
                containing
                corrosive
                substance, n.o.s..
G............  Articles                   2.1  UN3537             ...............  2.1............  391...............  None...........  232............  232...........  Forbidden.....  Forbidden.....  D.............  ..............
                containing
                flammable gas,
                n.o.s..
G............  Articles                     3  UN3540             ...............  3..............  391...............  None...........  232............  232...........  Forbidden.....  Forbidden.....  B.............  ..............
                containing
                flammable liquid,
                n.o.s..
G............  Articles                   4.1  UN3541             ...............  4.1............  391...............  None...........  232............  232...........  Forbidden.....  Forbidden.....  B.............  ..............
                containing
                flammable solid,
                n.o.s..
G............  Articles                     9  UN3548             ...............  9..............  391...............  None...........  232............  232...........  Forbidden.....  Forbidden.....  A.............  ..............
                containing
                miscellaneous
                dangerous goods,
                n.o.s..
G............  Articles                   2.2  UN3538             ...............  2.2............  391...............  None...........  232............  232...........  Forbidden.....  Forbidden.....  A.............  ..............
                containing non-
                flammable, non-
                toxic gas, n.o.s..
G............  Articles                   5.2  UN3545             ...............  5.2............  131, 391..........  None...........  214............  214...........  Forbidden.....  Forbidden.....  ..............  ..............
                containing
                organic peroxide,
                n.o.s..
G............  Articles                   5.1  UN3544             ...............  5.1............  131, 391..........  None...........  214............  214...........  Forbidden.....  Forbidden.....  ..............  ..............
                containing
                oxidizing
                substance, n.o.s..
G............  Articles                   2.3  UN3539             ...............  2.3............  131, 391..........  None...........  214............  214...........  Forbidden.....  Forbidden.....  ..............  ..............
                containing toxic
                gas, n.o.s..
G............  Articles                   6.1  UN3546             ...............  6.1............  391...............  None...........  232............  232...........  Forbidden.....  Forbidden.....  B.............  ..............
                containing toxic
                substance, n.o.s..
 
                                                                                                              * * * * * * *
               Desensitized               4.1  UN3380             I..............  4.1............  164, 197,.........  None...........  211............  None..........  Forbidden.....  Forbidden.....  D.............  28, 36
                explosives,
                solid, n.o.s..
 
                                                                                                              * * * * * * *
               Dimethyl disulfide           3  UN2381             II.............  3, 6.1.........  IB2, T7, TP2, TP13  150............  202............  242...........  Forbidden.....  Forbidden.....  B.............  40
 
                                                                                                              * * * * * * *
G............  Environmentally              9  UN3082             III............  9..............  8, 146, 173, 335,   155............  203............  241...........  No limit......  No limit......  A.............  ..............
                hazardous                                                                            441, IB3,.
                substance,                                                                          T4, TP1, TP29.....
                liquid, n.o.s..
G............  Environmentally              9  UN3077             III............  9..............  8, 146, 335, 384,   155............  213............  240...........  No limit......  No limit......  A.............  ..............
                hazardous                                                                            441, A112,.
                substance, solid,                                                                   B54, B120, IB8,
                n.o.s..                                                                              IP3,.
                                                                                                    N20, N91, T1, TP33
 

[[Page 43885]]

 
                                                                                                              * * * * * * *
A, I, W......  Fibers, vegetable,         4.1  UN3360             III............  4.1............  137...............  151............  213............  240...........  Forbidden.....  Forbidden.....  A.............  ..............
                dry.
 
                                                                                                              * * * * * * *
A, W.........  Fish meal,                   9  UN2216             III............  ...............  155, IB8, IP3, T1,  155............  218............  218...........  100 kg........  200 kg........  B.............  25, 88, 122,
                stabilized or                                                                        TP33.                                                                                                                 128
                Fish scrap,
                stabilized.
 
                                                                                                              * * * * * * *
               Gas cartridges,            2.1  UN2037             ...............  2.1............  ..................  306............  304............  None..........  1 kg..........  15 kg.........  B.............  40, 157
                (flammable)
                without a release
                device, non-
                refillable.
 
                                                                                                              * * * * * * *
G............  Infectious                 6.2  UN2900             ...............  6.2............  A82...............  134............  196............  None..........  50 mL or 50 g.  4 L or 4 kg...  E.............  13, 40, 95,
                substances,                                                                                                                                                                                                155
                affecting animals
                only.
G............  Infectious                 6.2  UN2814             ...............  6.2............  A82...............  134............  196............  None..........  50 mL or 50 g.  4 L or 4 kg...  E.............  13, 40, 95,
                substances,                                                                                                                                                                                                155
                affecting humans.
 
                                                                                                              * * * * * * *
               Lithium ion                  9  UN3480             ...............  9..............  388, 422, A54,      185............  185............  185...........  Forbidden.....  35 kg.........  A.............  156
                batteries                                                                            A100.
                including lithium
                ion polymer
                batteries.
               Lithium ion                  9  UN3481             ...............  9..............  181, 360, 388,      185............  185............  185...........  5 kg..........  35 kg.........  A.............  156
                batteries                                                                            422, A54.
                contained in
                equipment
                including lithium
                ion polymer
                batteries.
               Lithium ion                  9  UN3481             ...............  9..............  181, 360, 388,      185............  185............  185...........  5 kg..........  35 kg.........  A.............  156
                batteries packed                                                                     422, A54.
                with equipment
                including lithium
                ion polymer
                batteries.
               Lithium metal                9  UN3090             ...............  9..............  388, 422, A54.....  185............  185............  185...........  Forbidden.....  35 kg.........  A.............  156
                batteries
                including lithium
                alloy batteries.
               Lithium metal                9  UN3091             ...............  9..............  181, 360, 388,      185............  185............  185...........  5 kg..........  35 kg.........  A.............  156
                batteries                                                                            422, A54, A101.
                contained in
                equipment
                including lithium
                alloy batteries.
               Lithium metal                9  UN3091             ...............  9..............  181, 360, 388,      185............  185............  185...........  5 kg..........  35 kg.........  A.............  156
                batteries packed                                                                     422, A54.
                with equipment
                including lithium
                alloy batteries.
 
                                                                                                              * * * * * * *
               Nitrocellulose,           1.1D  UN0340             ...............  1.1D...........  196...............  None...........  62.............  None..........  Forbidden.....  Forbidden.....  04............  25, 27E
                dry or wetted
                with less than 25
                percent water (or
                alcohol), by mass.
               Nitrocellulose,            4.1  UN2557             II.............  4.1............  44, 197, W31......  151............  212............  None..........  1 kg..........  15 kg.........  D.............  28, 36
                with not more
                than 12.6 percent
                nitrogen, by dry
                mass mixture with
                or without
                plasticizer, with
                or without
                pigment.
 
                                                                                                              * * * * * * *
               Nitrocellulose,           1.3C  UN0343             ...............  1.3C...........  196...............  None...........  62.............  None..........  Forbidden.....  Forbidden.....  04............  25
                plasticized with
                not less than 18
                percent
                plasticizing
                substance, by
                mass.
 
                                                                                                              * * * * * * *
               Nitrocellulose,           1.1D  UN0341             ...............  1.1D...........  196...............  None...........  62.............  None..........  Forbidden.....  Forbidden.....  04............  25, 27E
                unmodified or
                plasticized with
                less than 18
                percent
                plasticizing
                substance, by
                mass.
               Nitrocellulose,           1.3C  UN0342             ...............  1.3C...........  196...............  None...........  62.............  None..........  Forbidden.....  Forbidden.....  04............  25
                wetted with not
                less than 25
                percent alcohol,
                by mass.
               Nitrocellulose             4.1  UN2556             II.............  4.1............  197, W31..........  151............  212............  None..........  1 kg..........  15 kg.........  D.............  12, 25, 28, 36
                with alcohol with
                not less than 25
                percent alcohol
                by mass, and with
                not more than
                12.6 percent
                nitrogen, by dry
                mass.
               Nitrocellulose             4.1  UN2555             II.............  4.1............  197, W31..........  151............  212............  None..........  15 kg.........  50 kg.........  E.............  28, 36
                with water with
                not less than 25
                percent water, by
                mass.
 
                                                                                                              * * * * * * *
               Receptacles,               2.1  UN2037             ...............  2.1............  ..................  306............  304............  None..........  1 kg..........  15 kg.........  B.............  40, 157
                small, containing
                gas or gas
                cartridges
                (flammable)
                without release
                device, not
                refillable and
                not exceeding 1 L
                capacity.
               Receptacles,               2.2  UN2037             ...............  2.2............  ..................  306............  304............  None..........  1 kg..........  15 kg.........  B.............  40, 157
                small, containing
                gas or gas
                cartridges (non-
                flammable)
                without release
                device, not
                refillable and
                not exceeding 1 L
                capacity.
               Receptacles,               2.2  UN2037             ...............  2.2, 5.1.......  , A14.............  306............  304............  None..........  1 kg..........  15 kg.........  B.............  40, 157
                small, containing
                gas or gas
                cartridges
                (oxidizing),
                without release
                device, not
                refillable and
                not exceeding 1 L
                capacity.

[[Page 43886]]

 
 
                                                                                                              * * * * * * *
               Sodium methylate..         4.2  UN1431             II.............  4.2............  A7, A19, IB5, IP2,  None...........  212............  242...........  15 kg.........  50 kg.........  B.............  52
                                                                                                     T3, TP33, W31.
               Sodium methylate             3  UN1289             II.............  3, 8...........  IB2, T7, TP1, TP8.  150............  202............  243...........  1 L...........  5 L...........  B.............  52
                solutions in
                alcohol.
               Sodium methylate             3  UN1289             III............  3, 8...........  B1, IB3, T4, TP1..  150............  203............  242...........  5 L...........  60 L..........  A.............  52
                solutions in
                alcohol.
 
                                                                                                              * * * * * * *
G............  Water-reactive             4.3  UN3129             I..............  4.3, 8.........  T14, TP2, TP7,      None...........  201............  243...........  Forbidden.....  1 L...........  D.............  13,148
                liquid,                                                                              TP13.
                corrosive, n.o.s..
G............  Water-reactive             4.3  UN3129             II.............  4.3, 8.........  IB1, T11, TP2, TP7  None...........  202............  243...........  1 L...........  5 L...........  E.............  13, 85, 148
                liquid,
                corrosive, n.o.s..
G............  Water-reactive             4.3  UN3129             III............  4.3, 8.........  IB2, T7, TP2, TP7.  None...........  203............  242...........  5 L...........  60 L..........  E.............  13, 85, 148
                liquid,
                corrosive, n.o.s..
 
                                                                                                              * * * * * * *
G............  Water-reactive             4.3  UN3132             I..............  4.3, 4.1.......  IB4, N40, W31.....  None...........  211............  242...........  Forbidden.....  15 kg.........  D.............  13, 148
                solid, flammable,
                n.o.s..
G............  Water-reactive             4.3  UN3132             II.............  4.3, 4.1.......  IB4, T3, TP33,      151............  212............  242...........  15 kg.........  50 kg.........  E.............  13, 85, 148
                solid, flammable,                                                                    W31, W40.
                n.o.s..
G............  Water-reactive             4.3  UN3132             III............  4.3, 4.1.......  IB6, T1, TP33, W31  151............  213............  241...........  25 kg.........  100 kg........  E.............  13, 85, 148
                solid, flammable,
                n.o.s..
 
                                                                                                              * * * * * * *
G............  Water-reactive             4.3  UN3135             I..............  4.3, 4.2.......  N40, W31..........  None...........  211............  242...........  Forbidden.....  15 kg.........  D.............  13, 148
                solid, self-
                heating, n.o.s..
G............  Water-reactive             4.3  UN3135             II.............  4.3, 4.2.......  IB5, IP2, T3,       None...........  212............  242...........  15 kg.........  50 kg.........  E.............  13, 85, 148
                solid, self-                                                                         TP33, W31, W40.
                heating, n.o.s..
G............  Water-reactive             4.3  UN3135             III............  4.3, 4.2.......  IB8, IP4, T1,       None...........  213............  241...........  25 kg.........  100 kg........  E.............  13, 85, 148
                solid, self-                                                                         TP33, W31.
                heating, n.o.s..
 
                                                                                                              * * * * * * *
G............  Water-reactive             4.3  UN3148             I..............  4.3............  T13, TP2, TP7, W31  None...........  201............  244...........  Forbidden.....  1 L...........  E.............  13, 40, 148
                liquid, n.o.s..
G............  Water-reactive             4.3  UN3148             II.............  4.3............  IB1, T7, TP2, TP7,  None...........  202............  243...........  1 L...........  5 L...........  E.............  13, 40, 148
                liquid, n.o.s..                                                                      W31.
G............  Water-reactive             4.3  UN3148             III............  4.3............  IB2, T7, TP2, TP7,  None...........  203............  242...........  5 L...........  60 L..........  E.............  13, 40, 148
                liquid, n.o.s..                                                                      W31.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 43887]]

* * * * *
0
8. In Sec.  172.102:
0
a. In paragraph (c)(1):
0
i. Revise special provisions 47, 134, 135, 136, 147, 360, 370, 
379(d)(1); and
0
ii. Add special provisions 196, 197, 430, and 441 in numerical order.
0
b. In paragraph (c)(8), remove TP codes TP39 and TP41.
    The additions and revisions read as follows:


Sec.  172.102   Special Provisions.

* * * * *
    (c) * * *
    (1) * * *
    47 Mixtures of solids that are not subject to this subchapter and 
flammable liquids may be transported under this entry without first 
applying the classification criteria of Division 4.1, provided there is 
no free liquid visible at the time the material is loaded or at the 
time the packaging or transport unit is closed. Except when the liquids 
are fully absorbed in solid material contained in sealed bags, for 
single packagings, each packaging must correspond to a design type that 
has passed a leakproofness test at the Packing Group II level. Sealed 
packets and articles containing less than 10 mL of a Class 3 liquid in 
Packing Group II or III absorbed onto a solid material are not subject 
to this subchapter provided there is no free liquid in the packet or 
article.
* * * * *
    134 This entry applies only to vehicles powered by wet batteries, 
sodium batteries, lithium metal batteries or lithium ion batteries, and 
equipment powered by wet batteries or sodium batteries that are 
transported with these batteries installed. Lithium batteries installed 
in a cargo transport unit, designed only to provide power external to 
the transport unit must use the proper shipping name ``Lithium 
batteries installed in cargo transport unit'' found in the Sec.  
172.101 Hazardous Materials Table.
    a. For the purpose of this special provision, vehicles are self-
propelled apparatus designed to carry one or more persons or goods. 
Examples of such vehicles are electrically-powered cars, motorcycles, 
scooters, three- and four-wheeled vehicles or motorcycles, trucks, 
locomotives, bicycles (pedal cycles with an electric motor) and other 
vehicles of this type (e.g., self-balancing vehicles or vehicles not 
equipped with at least one seating position), lawn tractors, self-
propelled farming and construction equipment, boats, aircraft, 
wheelchairs and other mobility aids. This includes vehicles transported 
in a packaging. In this case, some parts of the vehicle may be detached 
from its frame to fit into the packaging.
    b. Examples of equipment are lawnmowers, cleaning machines, or 
model boats and model aircraft. Equipment powered by lithium metal 
batteries or lithium ion batteries must be described using the entries 
``Lithium metal batteries contained in equipment'' or ``Lithium metal 
batteries packed with equipment'' or ``Lithium ion batteries contained 
in equipment'' or ``Lithium ion batteries packed with equipment,'' as 
appropriate.
    c. Self-propelled vehicles or equipment that also contain an 
internal combustion engine must be described using the entries 
``Engine, internal combustion, flammable gas powered'' or ``Engine, 
internal combustion, flammable liquid powered'' or ``Vehicle, flammable 
gas powered'' or ``Vehicle, flammable liquid powered,'' as appropriate. 
These entries include hybrid electric vehicles powered by both an 
internal combustion engine and batteries. Additionally, self-propelled 
vehicles or equipment that contain a fuel cell engine must be described 
using the entries ``Engine, fuel cell, flammable gas powered'' or 
``Engine, fuel cell, flammable liquid powered'' or ``Vehicle, fuel 
cell, flammable gas powered'' or ``Vehicle, fuel cell, flammable liquid 
powered,'' as appropriate. These entries include hybrid electric 
vehicles powered by a fuel cell engine, an internal combustion engine, 
and batteries.
    135 Internal combustion engines installed in a vehicle must be 
described using ``Vehicle, flammable gas powered'' or ``Vehicle, 
flammable liquid powered,'' as appropriate. If a vehicle is powered by 
a flammable liquid and a flammable gas internal combustion engine, it 
must be described using ``Vehicle, flammable gas powered.'' This 
includes hybrid electric vehicles powered by both an internal 
combustion engine and wet, sodium or lithium batteries installed. If a 
fuel cell engine is installed in a vehicle, the vehicle must be 
described using ``Vehicle, fuel cell, flammable gas powered'' or 
``Vehicle, fuel cell, flammable liquid powered,'' as appropriate. This 
includes hybrid electric vehicles powered by a fuel cell, an internal 
combustion engine, and wet, sodium or lithium batteries installed. For 
the purpose of this special provision, vehicles are self-propelled 
apparatus designed to carry one or more persons or goods. Examples of 
such vehicles are cars, motorcycles, trucks, locomotives, scooters, 
three- and four-wheeled vehicles or motorcycles, lawn tractors, self-
propelled farming and construction equipment, boats, and aircraft. 
Furthermore, lithium batteries installed in a cargo transport unit, 
designed only to provide power external to the transport unit must be 
described using the proper shipping name ``Lithium batteries installed 
in cargo transport unit'' found in the Sec.  172.101 Hazardous 
Materials Table.
    136 This entry applies only to articles, machinery and apparatus 
containing hazardous materials as an integral element of the article, 
machinery, or apparatus. It may not be used to describe articles, 
machinery, or apparatus for which a proper shipping name exists in the 
Sec.  172.101 Table. Except when approved by the Associate 
Administrator, these items may only contain hazardous materials for 
which exceptions are referenced in Column (8) of the Sec.  172.101 
Table and are provided in part 173, subparts D and G, of this 
subchapter. Hazardous materials shipped under this entry are excepted 
from the labeling requirements of this subchapter unless offered for 
transportation or transported by aircraft and are not subject to the 
placarding requirements of subpart F of this part. Orientation markings 
as described in Sec.  172.312(a)(2) are required when liquid hazardous 
materials may escape due to incorrect orientation. The article, 
machinery, or apparatus, if unpackaged, or the packaging in which it is 
contained shall be marked ``Dangerous goods in articles'' or 
``Dangerous goods in machinery'' or ``Dangerous goods in apparatus'' as 
appropriate, with the identification number UN3363. For transportation 
by aircraft, articles, machinery, or apparatus, may not contain any 
material forbidden for transportation by passenger or cargo aircraft. 
The Associate Administrator may except from the requirements of this 
subchapter articles, machinery, and apparatus provided:
    a. It is shown that it does not pose a significant risk in 
transportation;
    b. The quantities of hazardous materials do not exceed those 
specified in Sec.  173.4a of this subchapter; and
    c. The equipment, and machinery or apparatus articles conforms with 
Sec.  173.222 of this subchapter.
* * * * *
    147 This entry applies to non-sensitized emulsions, suspensions, 
and gels consisting primarily of a mixture of ammonium nitrate and 
fuel, intended to produce a Type E blasting explosive only after 
further processing prior to use. The mixture for emulsions typically 
has the following composition: 60-85% ammonium nitrate; 5-30% water; 2-
8% fuel; 0.5-4% emulsifier or thickening agent; 0-10% soluble flame

[[Page 43888]]

suppressants; and trace additives. Other inorganic nitrate salts may 
replace part of the ammonium nitrate. The mixture for suspensions and 
gels typically has the following composition: 60-85% ammonium nitrate; 
0-5% sodium or potassium perchlorate; 0-17% hexamine nitrate or 
monomethylamine nitrate; 5-30% water; 2- 15% fuel; 0.5-4% thickening 
agent; 0-10% soluble flame suppressants; and trace additives. Other 
inorganic nitrate salts may replace part of the ammonium nitrate. These 
substances must satisfy the criteria for classification as an ammonium 
nitrate emulsion of Test Series 8 of the UN Manual of Tests and 
Criteria, Part I, Section 18 (IBR, see Sec.  171.7 of this subchapter), 
and may not be classified and transported unless approved by the 
Associate Administrator.
* * * * *
    196 The nitrocellulose must meet the criteria of the Bergmann-Junk 
test or methyl violet paper test in the UN Manual of Tests and 
Criteria, Appendix 10 (IBR, see Sec.  171.7 of this subchapter). Test 
of type 3(c) is not required.
    197 The nitrocellulose must meet the criteria of the Bergmann-Junk 
test or methyl violet paper test in the UN Manual of Tests and 
Criteria, Appendix 10 (IBR, see Sec.  171.7 of this subchapter).
* * * * *
    360 Vehicles powered only by lithium batteries must be described 
using ``UN3171, Battery-powered vehicle.'' Lithium batteries installed 
in a cargo transport unit, designed only to provide power external to 
the transport unit must be described using ``UN3536, Lithium batteries 
installed in a cargo transport unit.''
* * * * *
    370 This entry also applies to ammonium nitrate with not more than 
0.2% combustible substances, including any organic substance calculated 
as carbon. To the exclusion of any added substance, that gives a 
positive result when tested in accordance with Test Series 2 of the UN 
Manual of Tests and Criteria, Part I (IBR; see Sec.  171.7 of this 
subchapter). See also UN1942 in the Sec.  172.101 Hazardous Materials 
Table. This entry may not be used for ammonium nitrate for which a 
proper shipping name already exists in the Sec.  172.101 Hazardous 
Materials Table, including ammonium nitrate mixed with fuel oil or any 
other commercial grade of ammonium nitrate (e.g., ammonium nitrate 
fertilizer).
* * * * *
    379 * * *
    d. * * *
    (1) Receptacles shall be made of a material compatible with ammonia 
as specified in ISO 11114-1:2012(E) and ISO 11114-1:2012/Amd 1:2017(E) 
(IBR, see Sec.  171.7 of this subchapter);
* * * * *
    430 This entry shall only be used for solid medical waste of 
Category A transported for disposal.
* * * * *
    441 For marine pollutants transported under ``UN3077, 
Environmentally hazardous substance, solid, n.o.s.'' or ``UN3082, 
Environmentally hazardous substance, solid, n.o.s.'' and for purposes 
of shipping paper and package marking requirements, the technical name 
used in association with the basic description may be a proper shipping 
name listed in the Sec.  172.101 Hazardous Material Table; provided 
that the name chosen is not also an entry that includes ``n.o.s.'' as a 
part of the name or one that has a ``G'' in column (1) of the table.
* * * * *
0
9. In Sec.  172.203, revise the first sentence of paragraph (i)(2), 
revise paragraph (l)(1), and add paragraphs (i)(4) and (q) to read as 
follows:


Sec.  172.203   Additional description requirements.

* * * * *
    (i) * * *
    (2) A minimum flashpoint, if 60 [deg]C (140 [deg]F) or below (in 
[deg]C closed cup (c.c.)), in association with the basic description, 
for Class 3 flammable liquid materials (as a primary or subsidiary 
hazard). * * *
* * * * *
    (4) For lithium cells or batteries transported in accordance with 
Sec.  173.185(f), ``DAMAGED/DEFECTIVE''; and for lithium cells or 
batteries transported for purposes of disposal or recycling, ``LITHIUM 
BATTERIES FOR DISPOSAL'' or ``LITHIUM BATTERIES FOR RECYCLING'', as 
appropriate.
* * * * *
    (l) * * *
    (1) For a proper shipping name used to describe a hazardous 
material that is a marine pollutant, either assigned the letter ``G'' 
in column (1) of the Sec.  172.101 hazardous materials table or that 
contains the text ``n.o.s.'', the name of the component that makes the 
material a marine pollutant must appear in parentheses in association 
with the basic description. Where two or more components that make the 
material a marine pollutant are present, the names of at least two of 
the components most predominantly contributing to the marine pollutant 
designation must appear in parentheses in association with the basic 
description. For material described using ``UN3077, Environmentally 
hazardous substance, solid, n.o.s.'' and ``UN3082, Environmentally 
hazardous substance, liquid, n.o.s.,'' see Sec.  172.102(c)(1), special 
provision 441 for additional provisions.
* * * * *
    (q) Holding time. The date at which the actual holding time ends, 
as calculated in accordance with Sec.  178.338-9, must be provided on 
the shipping paper in association with the basic description for 
refrigerated liquefied gases transported in a portable tank.
0
10. In Sec.  172.301, revise paragraph (a)(1) to read as follows:


Sec.  172.301   General marking requirements for non-bulk packagings.

    (a) * * *
    (1) Except as otherwise provided by this subchapter, each person 
who offers a hazardous material for transportation in a non-bulk 
packaging must mark the package with the proper shipping name and 
identification number (preceded by ``UN'', ``NA'' or ``ID,'' as 
appropriate), as shown in the Sec.  172.101 Hazardous Materials Table. 
The identification number marking preceded by ``UN'', ``NA'', or ``ID'' 
as appropriate must be marked in characters at least 12 mm (0.47 
inches) high. Packages with a maximum capacity of 30 liters (8 gallons) 
or less, 30 kg (66 pounds) maximum net mass, or cylinders with a water 
capacity of 60 liters (16 gallons) or less must be marked with 
characters at least 6 mm (0.24 inches) high. Packages with a maximum 
capacity of 5 liters (1.32 gallons) or less or 5 kg maximum net mass 
(11 pounds) or less must be marked in a size appropriate for the size 
of the package.
* * * * *
0
11. In Sec.  172.315, add paragraph (b)(3) to read as follows:


Sec.  172.315   Limited Quantities.

* * * * *
    (b) * * *
    (3) For transportation by aircraft, the entire mark must appear on 
one side of the package.
* * * * *
0
12. In Sec.  172.322, revise paragraph (a)(1) to read as follows:


Sec.  172.322   Marine Pollutants.

    (a) * * *
    (1) For a proper shipping name used to describe a hazardous 
material that is a marine pollutant and assigned the letter ``G'' in 
column (1) of the Sec.  172.101 hazardous materials table or that 
contains the text ``n.o.s.,'' the name of the component which makes the 
material a marine pollutant must be

[[Page 43889]]

marked on the package in parentheses in association with the marked 
proper shipping name unless the proper shipping name identifies by name 
the component, which makes the material a marine pollutant. Where two 
or more components that make a material a marine pollutant are present, 
the names of at least two of the components most predominantly 
contributing to the marine pollutant designation must appear in 
parentheses in association with the marked proper shipping name. For 
materials described using ``UN3077, Environmentally hazardous 
substance, solid, n.o.s.'' and ``UN3082, Environmentally hazardous 
substance, liquid, n.o.s.,'' see Sec.  172.102(c)(1), special provision 
441 for additional provisions; and
* * * * *
0
13. In Sec.  172.406, revise paragraph (a) to read as follows:


Sec.  172.406   Placement of labels.

    (a) General. (1) Except as provided in paragraphs (b) and (e) of 
this section, each label required by this subpart must--
    (i) Be printed on or affixed to a surface (other than the bottom) 
of the package or containment device containing the hazardous material;
    (ii) Be located on the same surface of the package and near the 
proper shipping name marking, if the package dimensions are adequate; 
and
    (iii) For transportation by aircraft, the entire label(s) must 
appear on one side of the package. For cylindrical packages, the label 
must be of such dimensions that it will not overlap itself. In the case 
of cylindrical packages containing radioactive materials, which require 
two identical labels, these labels must be centered on opposite points 
of the circumference and must not overlap each other. If the dimensions 
of the package are such that two identical labels cannot be affixed 
without overlapping each other, one label is acceptable provided it 
does not overlap itself.
* * * * *
0
14. In Sec.  172.447, remove and reserve paragraph (c).


Sec.  172.447   LITHIUM BATTERY label.

* * * * *
    (c) Reserved.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

0
15. The authority citation for part 173 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 
1.97.
0
16. In Sec.  173.4a, redesignate paragraph (g)(3) as (4), and add new 
paragraph (g)(3) to read as follows:


Sec.  173.4a   Excepted quantities.

* * * * *
    (g) * * *
    (3) For transportation by aircraft, the entire mark must appear on 
one side of the package.
* * * * *
0
17. Add new Sec.  173.14 to read as follows:


Sec.  173.14   Hazardous materials in equipment in use or intended for 
use during transport.

    (a) Except for transportation by aircraft, hazardous materials 
(e.g., lithium batteries, fuel cell cartridges) contained in equipment, 
such as data loggers and cargo tracking devices, attached to or placed 
in packages, overpacks, or containers are not subject to this 
subchapter other than the following:
    (1) The equipment must be in use or intended for use during 
transportation;
    (2) The hazardous materials (e.g., lithium batteries, fuel cell 
cartridges, etc.) must meet the applicable construction and test 
requirements specified in this subchapter;
    (3) The equipment must be capable of withstanding the shocks and 
loadings normally encountered during transport and must be safe for use 
in the environments to which it may be exposed; and
    (4) When offered for transport by vessel, the requirements in Sec.  
176.76(a)(9) of this subchapter apply.
    (b) For transportation by aircraft, lithium batteries contained in 
equipment such as data loggers and cargo tracking devices, attached to 
or placed in packages containing COVID-19 pharmaceuticals are not 
subject to the marking and documentation requirements of Sec.  
173.185(c)(3) and (c)(4)(iv). This same package, when shipped without 
the COVID-19 pharmaceuticals for the purpose of use or reuse, is also 
not subject to the marking and documentation requirements of Sec.  
173.185(c)(3) and (c)(4)(iv), as applicable, provided prior 
arrangements have been made with the operator.
    (c) [Reserved.]
0
18. In Sec.  173.27, revise paragraphs (c)(2), (f) introductory text, 
(f)(1), and (f)(3) Tables 1 and 2 to read as follows:


Sec.  173.27   General requirements for transportation by aircraft.

* * * * *
    (c) * * *
    (2) Except for packagings used for material transported as 
``UN3082, Environmentally hazardous substance, liquid, n.o.s.,'' 
packagings for which retention of liquid is a basic function must be 
capable of withstanding without leakage the greater of--
* * * * *
    (f) Combination packagings. Unless otherwise specified in this 
part, or in Subpart C of part 171 of this subchapter, when combination 
packagings are intended for transportation aboard an aircraft, inner 
packagings must conform to the quantity limitations set forth in Table 
1 of this paragraph for transport aboard passenger-carrying aircraft 
and Table 2 of this paragraph for transport aboard cargo-only aircraft. 
For materials that are authorized to exceed 220 L (58 gallons) or 200 
kg (441 pounds) in accordance with columns (9A) and (9B) of the Sec.  
172.101 Hazardous Materials Table, there is no limitation on the 
maximum authorized net capacity of each inner packaging.
    (1) Excepted quantities. For authorized materials and inner and 
outer package quantity limits for combination packages of excepted 
quantities intended for transportation by aircraft, see Sec.  173.4a of 
this part.
* * * * *
    (3) * * *

 Table 1--Maximum Net Capacity of Inner Packaging for Transportation on
                       Passenger-Carrying Aircraft
------------------------------------------------------------------------
                                     Maximum authorized net capacity of
                                            each inner packaging
 Maximum net quantity per package --------------------------------------
    from Column 9A of the Sec.           Glass,
          172.101 table              earthenware or    Metal or plastic
                                      fiber inner      inner packagings
                                       packagings
------------------------------------------------------------------------
Liquids:
    Not greater than 0.5 L.......  0.5 L............  0.5 L.
    Greater than 0.5 L, not        0.5 L............  1 L.
     greater than 1 L.

[[Page 43890]]

 
    Greater than 1 L, not greater  1 L..............  5 L.
     than 5 L.
    Greater than 5 L, not greater  2.5 L............  10 L.
     than 60 L.
    Greater than 60 L, not         5 L..............  25 L.
     greater than 220 L.
Class 9: UN1941, UN1990, UN2315,   10...............  Plastic: 30.
 UN3082, UN3151, UN3334.                              Metal: 40.
Solids:
    Not greater than 5 kg........  0.5 kg...........  1 kg.
    Greater than 5 kg. not         1 kg.............  2.5 kg.
     greater than 25 kg.
    Greater than 25 kg, not        5 kg.............  10 kg.
     greater than 200 kg.
Class 9. UN1841, UN1931, UN2071,   Glass or           50 kg.
 UN2216, UN2590, UN2969, UN3077,    earthenware: 10
 UN3152, UN3335, UN3432.            kg.
                                   Fiber: 50 kg.....
------------------------------------------------------------------------


 Table 2--Maximum Net Capacity of Inner Packaging for Transportation on
                             Cargo Aircraft
------------------------------------------------------------------------
                                     Maximum authorized net capacity of
                                            each inner packaging
 Maximum net quantity per package --------------------------------------
    from Column 9a of the Sec.           Glass,
          172.101 table              earthenware or    Metal or plastic
                                      fiber inner      inner packagings
                                       packagings
------------------------------------------------------------------------
Liquids:
    Not greater than 2.5L........  1 L..............  1 L.
    Greater than 2.5L, not         2.5 L............  2.5 L.
     greater than 30L.
    Greater than 30L, not greater  5 L..............  10 L.
     than 60L.
    Greater than 60L, not greater  5 L..............  25 L.
     than 220L.
Class 9: UN1941, UN1990, UN2315,   10 L.............  Plastic: 30 L.
 UN3082, UN3151, UN3334.                              Metal: 40 L.
Solids:
    Not greater than 15 kg.......  1 kg.............  1 kg.
    Greater than 15 kg. not        2.5 kg...........  5 kg.
     greater than 50 kg.
    Greater than 50 kg, not        5 kg.............  10 kg.
     greater than 200 kg.
Class 9: UN1841, UN1931, UN2071,   Glass or           50 kg.
 UN2216, UN2590, UN2969, UN3077,    earthenware: 10
 UN3152, UN3335, UN3432.            kg.
                                   Fiber: 50 kg.....
------------------------------------------------------------------------

* * * * *
0
19. In Sec.  173.59, revise the description for ``Detonators'', and add 
a new description for ``Detonators, electronic programmable for 
blasting'' in alphabetical order to read as follows:


Sec.  173.59   Description of terms for explosives.

* * * * *
    Detonators. Articles consisting of a small metal or plastic tube 
containing explosives such as lead azide, PETN, or combinations of 
explosives. They are designed to start a detonation train. They may be 
constructed to detonate instantaneously, or may contain a delay 
element. They may contain no more than 10 g of total explosives weight, 
excluding ignition and delay charges, per unit. The term includes: 
Detonators for ammunition; detonators for blasting (electric, 
electronic, and non-electric); and detonating relays without flexible 
detonating cord.
    Detonators, electronic programmable for blasting. Detonators using 
electronic components, such as an integrated circuit and/or micro 
processing technology to provide communications, energy control and 
storage capability, timing delay information, and validated commands to 
send a firing signal to the initiating charge.
* * * * *
0
20. In Sec.  173.115, revise paragraph (k) to read as follows:


Sec.  173.115   Class 2, Divisions 2.1, 2.2, and 2.3--Definitions.

* * * * *
    (k) For Division 2.2 gases, the oxidizing ability shall be 
determined by tests or by calculation in accordance with ISO 
10156:2017(E) (IBR, see Sec.  171.7 of this subchapter).
* * * * *
0
21. In Sec.  173.134, revise paragraphs (a)(1) and (5) to read as 
follows:


Sec.  173.134   Class 6, Division 6.2--Definitions and exceptions.

* * * * *
    (a) * * *
    (1) Division 6.2 (Infectious substance) means a material known or 
reasonably expected to contain a pathogen. A pathogen is a 
microorganism (including bacteria, viruses, parasites, and fungi) or 
other agent, such as a proteinaceous infectious particle (prion) that 
can cause disease in humans or animals. An infectious substance must be 
assigned the identification number UN2814, UN2900, UN3291, UN3373, or 
UN3549 as appropriate, and must be assigned to one of the following 
categories:
    (i) Category A: An infectious substance in a form capable of 
causing permanent disability or life-threatening or fatal disease in 
otherwise healthy humans or animals when exposure to it occurs. An 
exposure occurs when an infectious substance is released outside of its 
protective packaging, resulting in physical contact with humans or

[[Page 43891]]

animals. A Category A infectious substance must be assigned to 
identification number UN2814, UN2900, or UN3549, as appropriate. 
Assignment to UN2814, UN2900, or UN3549 must be based on the known 
medical history or symptoms of the source patient or animal, endemic 
local conditions, or professional judgment concerning the individual 
circumstances of the source human or animal.
    (ii) Category B: An infectious substance that is not in a form 
generally capable of causing permanent disability or life-threatening 
or fatal disease in otherwise healthy humans or animals when exposure 
to it occurs. This includes Category B infectious substances 
transported for diagnostic or investigational purposes. A Category B 
infectious substance must be described as ``Biological substance, 
Category B'' and assigned identification number UN3373. This does not 
include regulated medical waste, which must be assigned identification 
number UN3291.
* * * * *
    (5) Regulated medical waste or clinical waste or (bio) medical 
waste means a waste or reusable material derived from the medical 
treatment of an animal or human, which includes diagnosis and 
immunization, or from biomedical research, which includes the 
production and testing of biological products. Regulated medical waste 
or clinical waste or (bio) medical waste containing a Category A 
infectious substance must be classed as an infectious substance, and 
assigned to UN2814, UN2900, or UN3549, as appropriate.
* * * * *
0
22. In Sec.  173.137, revise the introductory text to read as follows:


Sec.  173.137   Class 8--Assignment of packing group.

    The packing group of a Class 8 material is indicated in Column 5 of 
the Sec.  172.101 Table. When the Sec.  172.101 Table provides more 
than one packing group for a Class 8 material, the packing group must 
be determined using data obtained from tests conducted in accordance 
with the OECD Guidelines for the Testing of Chemicals, Test No. 435, 
``In Vitro Membrane Barrier Test Method for Skin Corrosion'' (IBR, see 
Sec.  171.7 of this subchapter) or Test No. 404, ``Acute Dermal 
Irritation/Corrosion'' (IBR, see Sec.  171.7 of this subchapter). A 
material that is determined not to be corrosive in accordance with OECD 
Guideline for the Testing of Chemicals, Test No. 430, ``In Vitro Skin 
Corrosion: Transcutaneous Electrical Resistance Test (TER)'' (IBR, see 
Sec.  171.7 of this subchapter) or Test No. 431, ``In Vitro Skin 
Corrosion: Reconstructed Human Epidermis (RHE) Test Method'' (IBR, see 
Sec.  171.7 of this subchapter) may be considered not to be corrosive 
to human skin for the purposes of this subchapter without further 
testing. However, a material determined to be corrosive in accordance 
with Test No. 430 or Test No. 431 must be further tested using Test No. 
435 or Test No. 404. If the in vitro test results indicate that the 
substance or mixture is corrosive, but the test method does not clearly 
distinguish between assignment of packing groups II and III, the 
material may be considered to be in packing group II without further 
testing. The packing group assignment using data obtained from tests 
conducted in accordance with OECD Guideline Test No. 404 or Test No. 
435 must be as follows:
* * * * *
0
23. In Sec.  173.172, revise paragraphs (a) and (b) to read as follows:


Sec.  173.172   Aircraft hydraulic power unit fuel tank.

* * * * *
    (a) The unit must consist of an aluminum pressure vessel made from 
tubing and having welded heads. Primary containment of the fuel within 
this vessel must consist of a welded aluminum bladder having a maximum 
internal volume of 46 L (12 gallons). The outer vessel must have a 
minimum design gauge pressure of 1,275 kPa (185 psig) and a minimum 
burst gauge pressure of 2,755 kPa (400 psig). Each vessel must be leak-
checked during manufacture and before shipment and must be found 
leakproof. The complete inner unit must be securely packed in non-
combustible cushioning material, such as vermiculite, in a strong outer 
tightly closed metal packaging which will adequately protect all 
fittings. Maximum quantity of fuel per primary containment and package 
is 42 L (11 gallons); or
    (b) The unit must consist of an aluminum pressure vessel. Primary 
containment of the fuel within this vessel must consist of a welded 
hermetically sealed fuel compartment with an elastomeric bladder having 
a maximum internal volume of 46 L (12 gallons). The pressure vessel 
must have a minimum design gauge pressure of 5,170 kPa (750 psig). Each 
vessel must be leak-checked during manufacture and before shipment and 
must be securely packed in non-combustible cushioning material, such as 
vermiculite, in a strong outer tightly closed metal packaging which 
will adequately protect all fittings. Maximum quantity of fuel per 
primary containment and package is 42 L (11 gallons).
0
24. In Sec.  173.181, revise paragraph (b) to read as follows:


Sec.  173.181   Pyrophoric materials (liquids).

* * * * *
    (b) Steel boxes (4A), aluminum boxes (4B), metal boxes, other than 
steel or aluminum (4N), wooden boxes (4C1, 4C2, 4D, or 4F) or 
fiberboard boxes (4G); steel drums (1A1 or 1A2), aluminum drums (1B1 or 
1B2), metal drums, other than steel or aluminum (1N1 or 1N2), plywood 
drums (1D), or fiber drums (1G); or steel jerricans (3A1 or 3A2) or 
aluminum jerricans (3B1 or 3B2) enclosing not more than four strong, 
tight metal cans with inner receptacles of glass or metal, not over 1 L 
(0.3 gallon) capacity each, having positive screwcap closures 
adequately gasketed or alternative closures physically held in place by 
a means capable of preventing back-off or loosening of the closure due 
to conditions normally incident to transportation (e.g., vibration). 
Inner packagings must be cushioned on all sides with dry, absorbent, 
incombustible material in a quantity sufficient to absorb the entire 
contents.
* * * * *
0
25. In Sec.  173.185, revise paragraphs (c)(3)(i) introductory text and 
(c)(3)(i)(A) to read as follows:


Sec.  173.185   Lithium cell and batteries.

* * * * *
    (c) * * *
    (3) * * *
    (i) The mark must indicate the UN number: ``UN3090'' for lithium 
metal cells or batteries; or ``UN3480'' for lithium ion cells or 
batteries. Where the lithium cells or batteries are contained in, or 
packed with, equipment, the UN number ``UN3091'' or ``UN3481,'' as 
appropriate, must be indicated. Where a package contains lithium cells 
or batteries assigned to different UN numbers, all applicable UN 
numbers must be indicated on one or more marks. The package must be of 
such size that there is adequate space to affix the mark on one side 
without the mark being folded.

[[Page 43892]]

[GRAPHIC] [TIFF OMITTED] TP10AU21.024

    (A) The mark must be in the form of a rectangle or a square with 
hatched edging. The mark must be not less than 100 mm (3.9 inches) wide 
by 100 mm (3.9 inches) high and the minimum width of the hatching must 
be 5 mm (0.2 inches), except marks of 100 mm (3.9 inches) wide by 70 mm 
(2.8 inches) high may be used on a package containing lithium batteries 
when the package is too small for the larger mark;
* * * * *
0
26. In Sec.  173.187, revise paragraphs (b), (c), (e) and (f) to read 
as follows:


Sec.  173.187   Pyrophoric solids, metals or alloys, n.o.s.

* * * * *
    (b) In wooden boxes (4C1, 4C2, 4D, or 4F) with inner metal 
receptacles that have threaded closures or alternate closures 
physically held in place by a means capable of preventing back-off or 
loosening of the closure due to conditions normally incident to 
transportation (e.g., impact, vibration, etc.). Each inner metal 
receptacle must not contain more than 15 kg (33 pounds).
    (c) In fiberboard boxes (4G) with inner metal receptacles that have 
threaded closures or alternate closures physically held in place by a 
means capable of preventing back-off or loosening of the closure due to 
conditions normally incident to transportation (e.g., impact, 
vibration, etc.). Each inner metal receptacle must not contain more 
than 7.5 kg (17 pounds).
* * * * *
    (e) In plywood drums (1D) with inner metal receptacles that have 
threaded closures or alternate closures physically held in place by a 
means capable of preventing back-off or loosening of the closure due to 
conditions normally incident to transportation (e.g., impact, 
vibration, etc.). Each inner metal receptacle must not contain more 
than 15 kg (33 pounds).
    (f) In fiberboard drums (1G) with inner metal receptacles that have 
threaded closures or alternate closures physically held in place by a 
means capable of preventing back-off or loosening of the closure due to 
conditions normally incident to transportation (e.g., impact, 
vibration, etc.) Each inner metal receptacle must not contain more than 
15 kg (33 pounds).
* * * * *
0
27. In Sec.  173.199, revise the first four sentences in paragraph 
(a)(5) introductory text to read as follows:


Sec.  173.199   Category B infectious substances.

    (a) * * *
    (5) The following square-on-point mark must be displayed on the 
outer packaging on a background of contrasting color. The width of the 
line forming the border must be at least 2 mm (0.08 inches) and the 
letters and numbers must be at least 6 mm (0.24 inches) high. The size 
of the mark must be such that no side of the diamond is less than 50 mm 
(1.97 inches) in length as measured from the outside of the lines 
forming the border. For transportation by aircraft, the entire mark 
must appear on one side of the package. The proper shipping name 
``Biological substances, Category B'' must be marked on the outer 
packaging adjacent to the diamond-shaped mark in letters that are at 
least 6 mm (0.24 inches) high. * * *
* * * * *
0
28. Revise Sec.  173.218 to read as follows:


Sec.  173.218   Fish meal or fish scrap.

    (a) Transportation by vessel. (1) Except as provided in Column (7) 
of the HMT in Sec.  172.101 of this subchapter, fish meal or fish 
scrap, containing at least 6%, but not more than 12% water, is 
authorized for transportation in packagings as follows:
    (i) Burlap (jute) bag;
    (ii) Multi-wall paper bag;
    (iii) Polyethylene-lined burlap or paper bag;
    (iv) Cargo tank;
    (v) Portable tank;
    (vi) Rail car; or
    (vii) Freight container.
    (2) The fish meal or fish scrap must contain at least 50 ppm (mg/
kg) of ethoxyquin, 100 ppm (mg/kg) of butylated hydroxytoluene (BHT), 
or 250 ppm (mg/kg) of tocopherol-based antioxidant at the time of 
shipment.

[[Page 43893]]

Stabilization of fish meal or fish scrap must occur at the time of 
production and the application must be within twelve months prior to 
shipment.
    (b) Transportation by air. (1) Except as provided in Column (7) of 
the HMT in Sec.  172.101 of this subchapter, fish meal or fish scrap, 
containing at least 6%, but not more than 12% water, is authorized for 
transportation in packagings as follows:
    (i) The following combination packagings are authorized:
    Outer packagings: Steel drum: 1A1 or 1A2; Aluminum drum: 1B1 or 
1B2; Metal drum other than steel or aluminum: 1N1 or 1N2; Fiber drum: 
1G; Plastic drum: 1H1 or 1H2; Steel jerrican: 3A1 or 3A2; Plastic 
jerrican: 3H1 or 3H2; Aluminum jerrican: 3B1 or 3B2; Steel box: 4A; 
Aluminum box: 4B; Natural wood box: 4C1 or 4C2; Plywood box: 4D; 
Reconstituted wood box: 4F; Fiberboard box: 4G; Solid plastic box: 4H2; 
or Metal box other than steel or aluminum: 4N.
    Inner packagings: Glass, Fiber, Metal, or Plastic.
    (ii) The following single packagings are authorized:
    Steel drum: 1A1 or 1A2; Aluminum drum: 1B1 or 1B2; Plywood drum 
with liner: 1D; Plastic drum: 1H1 or 1H2; Fiber drum with liner: 1G; 
Metal drum other than steel or aluminum: 1N1 or 1N2; Steel jerrican: 
3A1 or 3A2; Plastic jerrican: 3H1 or 3H2; Aluminum jerrican: 3B1 or 
3B2; Steel box: 4A; Aluminum box: 4B; Metal box other than steel or 
aluminum: 4N; Natural wood box with liner: 4C2; Plywood box with liner: 
4D; Reconstituted wood box with liner: 4F; Fiberboard box with liner: 
4G; Solid plastic box: 4H2; Bag, woven plastic: 5H3; Bag, plastic film: 
5H4; Bag, textile: 5L3; Bag, paper, multiwall, water resistant: 5M2; 
Plastic receptacle in steel, aluminum, plywood, fiber or plastic drum: 
6HA1, 6HB1, 6HD1, 6HG1 or 6HH1; Plastic receptacle in steel, aluminum, 
wood, plywood or fiberboard box: 6HA2, 6HB2, 6HC, 6HD2, 6HG2 or 6HH2; 
or Cylinders, as prescribed for any compressed gas, except for 
Specification 8 and 3HT.
    (2) The fish meal or fish scrap must contain at least 50 ppm (mg/
kg) of ethoxyquin, 100 ppm (mg/kg) of butylated hydroxytoluene (BHT), 
or 250 ppm (mg/kg) of tocopherol-based antioxidant at the time of 
shipment. Stabilization of fish meal or fish scrap must occur at the 
time of production and the application must be within twelve months 
prior to shipment.
0
29. In Sec.  173.221, revise paragraph (a) to read as follows:


Sec.  173.221   Polymeric beads, expandable and Plastic molding 
compound.

    (a) For non-bulk shipments of Polymeric beads (or granules), 
expandable evolving flammable vapor and Plastic molding compound in 
dough, sheet or extruded rope form, evolving flammable vapor the 
following packagings are authorized:
    (1) Single packagings: Metal box (4A, 4B, or 4N); Wooden box (4C1 
or 4C2); Plywood box (4D); Fiberboard box (4G); Reconstituted wood box 
(4F); Plastic box (4H1 or 4H2); Plywood drums: (1D) or Fiber drums (1G) 
with sealed inner plastic liners; in vapor tight metal or plastic drums 
(1A1, 1A2, 1B1, 1B2, 1N1, 1N2, 1H1 or 1H2); or in vapor tight metal or 
plastic jerricans (3A1, 3A2, 3B1, 3B2, 3H1, or 3H2).
    (2) Combination packagings: (i) Outer packagings: Steel drum: 1A1 
or 1A2; Aluminum drum: 1B1 or 1B2; Plywood drum: 1D; Fiber drum: 1G; 
Plastic drum: 1H1 or 1H2; Metal drum other than steel or aluminum: 1N1 
or 1N2; Steel jerrican: 3A1 or 3A2; Plastic jerrican: 3H1 or 3H2; 
Aluminum jerrican: 3B1 or 3B2; Steel box: 4A; Aluminum box: 4B; Natural 
wood box: 4C1 or 4C2; Plywood box: 4D; Reconstituted wood box: 4F; 
Fiberboard box: 4G; Plastic box: 4H1 or 4H2; or Metal box other than 
steel or aluminum: 4N.
    (ii) Inner packagings: Glass receptacles, Plastic receptacles, 
Metal receptacles, Paper receptacles, Fiber receptacles.
    (3) Non-specification packagings when transported in dedicated 
vehicles or freight containers. The packagings need not conform to the 
requirements for package testing in part 178 of this subchapter, but 
must be capable of containing any evolving gases from the contents 
during normal conditions of transportation.
* * * * *
0
30. Revise Sec.  173.222 to read as follows:


Sec.  173.222   Dangerous goods in articles, machinery, or apparatus.

    Hazardous materials in articles, machinery, or apparatus are 
excepted from the specification packaging requirements of this 
subchapter when packaged according to this section. Hazardous materials 
in articles, machinery, or apparatus must be packaged in strong outer 
packagings, unless the receptacles containing the hazardous materials 
are afforded adequate protection by the construction of the article, 
machinery, or apparatus. Each package must conform to the packaging 
requirements of subpart B of this part, except for the requirements in 
Sec. Sec.  173.24(a)(1) and 173.27(e), and the following requirements:
    (a) If the article, machinery, or apparatus contains more than one 
hazardous material, the materials must not be capable of reacting 
dangerously together.
    (b) The nature of the containment must be as follows--
    (1) Damage to the receptacles containing the hazardous materials 
during transport is unlikely. However, in the event of damage to the 
receptacles containing the hazardous materials, no leakage of the 
hazardous materials from the article, machinery or apparatus is 
possible. A leakproof liner may be used to satisfy this requirement.
    (2) Receptacles containing hazardous materials must be secured and 
cushioned so as to prevent their breakage or leakage and so as to 
control their shifting within the article, machinery, or apparatus 
during normal conditions of transportation. Cushioning material must 
not react dangerously with the content of the receptacles. Any leakage 
of the contents must not substantially impair the protective properties 
of the cushioning material.
    (3) Receptacles for gases, their contents and filling densities 
must conform to the applicable requirements of this subchapter, unless 
otherwise approved by the Associate Administrator.
    (c)(1) Except for transportation by aircraft, the total net 
quantity of hazardous materials contained in one item of an article, 
machinery, or apparatus must not exceed the following:
    (i) In the case of solids or liquids, the limited quantity amount 
specified in the corresponding section referenced in Column (8A) of the 
Sec.  172.101 Table;
    (ii) 0.5 kg (1.1 pounds) in the case of Division 2.2 gases.
    (iii) When an article, machinery, or apparatus contains multiple 
hazardous materials, the quantity of each hazardous material must not 
exceed the quantity specified in the corresponding section referenced 
in Column (8A) of the Sec.  172.101 Table, or for gases, paragraph 
(c)(1)(ii) of this section.
    (2) For transportation by aircraft, the total net quantity of 
hazardous materials contained in one item of an article, machinery, or 
apparatus must not exceed the following:
    (i) 1 kg (2.2 pounds) in the case of solids;
    (ii) 0.5 L (0.1 gallons) in the case of liquids;
    (iii) 0.5 kg (1.1 pounds) in the case of Division 2.2 gases. 
Division 2.2 gases with subsidiary risks and refrigerated liquefied 
gases are not authorized;

[[Page 43894]]

    (iv) A total quantity of not more than the aggregate of that 
permitted in paragraphs (c)(2)(i) through (iii) of this section, for 
each category of material in the package, when a package contains 
hazardous materials in two or more of the categories in paragraphs 
(c)(2)(i) through (iii) of this section; and
    (d) Except for transportation by aircraft, when a package contains 
hazardous materials in two or more of the categories listed in 
paragraph (c)(1) of this section the total quantity required by Sec.  
172.202(c) of this subchapter to be entered on the shipping paper must 
be either the aggregate quantity, or the estimated quantity, of all 
hazardous materials, expressed as net mass.
0
31. In Sec.  173.225:
0
a. Revising in paragraph (c), in the Organic Peroxide Table, the entry 
``Di-(4-tert-butylcyclohexyl) peroxydicarbonate [as a paste]''; and
0
b. Adding in paragraph (e), in the Organic Peroxide IBC Table, entries 
for ``tert-Amyl peroxypivalate, not more than 42% as a stable 
dispersion in water'' and ``tert-Butyl peroxypivalate, not more than 
42% in a diluent type A'' in alphabetical order.
    The revisions read as follows:


Sec.  173.225   Packaging requirements and other provisions for organic 
peroxides.

* * * * *
    (c) * * *

                                                     Table to Paragraph (c): Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Diluent (mass %)                                   Temperature ([deg]C)
         Technical name              ID No.      Concentration  ------------------------------   Water       Packing    -----------------------   Notes
                                                    (mass %)         A         B         I      (mass %)      method      Control   Emergency
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1)                              (2)                        (3)      (4a)      (4b)      (4c)        (5)  (6)                (7a)         (7b)       (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Di-(4-tert-                      UN3118                   <= 42  ........  ........  ........  .........  OP8                  35           40  ........
 butylcyclohexyl)peroxydicarbon
 ate [as a paste].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                               Table to Paragraph (e): Organic Peroxide IBC Table
----------------------------------------------------------------------------------------------------------------
                                                                       Maximum
         UN No.                  Organic peroxide          Type of     quantity       Control        Emergency
                                                             IBC       (liters)     temperature     temperature
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
3119....................  ORGANIC PEROXIDE, TYPE F,       .........  ...........  ..............  ..............
                           LIQUID, TEMPERATURE
                           CONTROLLED.
 
                                                  * * * * * * *
                          tert-Amyl peroxypivalate, not       31HA1         1000        0 [deg]C      +10 [deg]C
                           more than 42% as a stable
                           dispersion in water.
                          tert-Butyl peroxypivalate, not      31HA1         1000       10 [deg]C        15[deg]C
                           more than 42% in a diluent
                           type A.
                                                                31A         1250       10 [deg]C        15[deg]C
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
0
32. In Sec.  173.301b, revise paragraphs (a)(2) and (c) to read as 
follows:


Sec.  173.301b   Additional general requirements for shipment of UN 
pressure receptacles.

    (a) * * *
    (2) The gases or gas mixtures must be compatible with the UN 
pressure receptacle and valve materials as prescribed for metallic 
materials in ISO 11114-1:2012(E) and ISO 11114-1:2012/Amd 1:2017(E) 
(IBR, see Sec.  171.7 of this subchapter) and for non-metallic 
materials in ISO 11114-2:2013(E) (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *
    (c) Pressure receptacle valve requirements. (1) When the use of a 
valve is prescribed, the valve must conform to the requirements in ISO 
10297:2014(E), and ISO 10297:2014/Amd 1:2017 (see Sec.  171.7 of this 
subchapter). Quick release cylinder valves for specification and type 
testing must conform to the requirements in ISO 17871:2015(E) (IBR, see 
Sec.  171.7 of this subchapter). Until December 31, 2020, the 
manufacture of a valve conforming to the requirements in ISO 
10297:2006(E) (IBR, see Sec.  171.7 of this subchapter) was authorized. 
Until December 31, 2008, the manufacture of a valve conforming to the 
requirements in ISO 10297:1999(E) (IBR, see Sec.  171.7 of this 
subchapter) was authorized.
    (2) A UN pressure receptacle must have its valves protected from 
damage that could cause inadvertent release of the contents of the UN 
pressure receptacle by one of the following methods:
    (i) By constructing the pressure receptacle so that the valves are 
recessed inside the neck of the UN pressure receptacle and protected by 
a threaded plug or cap;
    (ii) By equipping the UN pressure receptacle with a valve cap 
conforming to the requirements in ISO 11117:2008(E) and Technical 
Corrigendum 1 (IBR, see Sec.  171.7 of this subchapter). Until December 
31, 2014, the manufacture of a valve cap conforming to the requirements 
in ISO 11117:1998(E) (IBR, see Sec.  171.7 of this subchapter) was 
authorized. The cap must have vent-holes of sufficient cross-sectional 
area to evacuate the gas if leakage occurs at the valve;

[[Page 43895]]

    (iii) By protecting the valves by shrouds or guards conforming to 
the requirements in ISO 11117:2008(E) and Technical Corrigendum 1 (IBR; 
see Sec.  171.7 of this subchapter). Until December 31, 2014, the 
manufacture of a shroud or guard conforming to the requirements in ISO 
11117:1998(E) (IBR, see Sec.  171.7 of this subchapter) was authorized. 
For metal hydride storage systems, by protecting the valves in 
accordance with the requirements in ISO 16111:2008(E) (IBR; see Sec.  
171.7 of this subchapter).
    (iv) By using valves designed and constructed with sufficient 
inherent strength to withstand damage in accordance with Annex B of ISO 
10297:2014(E);
    (v) By enclosing the UN pressure receptacles in frames (e.g., 
bundles of cylinders);
    (vi) By packing the UN pressure receptacles in a strong outer 
package, such as a box or crate, capable of meeting the drop test 
specified in Sec.  178.603 of this subchapter at the Packing Group I 
performance level; or
    (vii) By using valves designed and constructed in accordance with 
Annex A of ISO 17879:2017(E) (IBR, see Sec.  171.7 of this subchapter) 
for UN pressure receptacles with self-closing valves with inherent 
protection (except those in acetylene service).
* * * * *
0
33. In Sec.  173.304b, revise paragraph (b)(2) to read as follows:


Sec.  173.304b   Additional requirements for shipment of liquefied 
compressed gases in UN pressure receptacles.

* * * * *
    (b) * * *
    (2) For low pressure liquefied gases, the maximum mass in kilograms 
of contents per liter of water capacity must be less than or equal to 
95 percent of the liquid phase at 50 [deg]C. In addition, the UN 
pressure receptacle may not be liquid full at 60 [deg]C. The test 
pressure of the pressure receptacle must be equal to or greater than 
the vapor pressure of the liquid at 65 [deg]C.
* * * * *
0
34. In Sec.  173.306, revise paragraphs (f)(2)(i) and (3)(iv), and add 
paragraph (n) to read as follows:


Sec.  173.306   Limited quantities of compressed gases.

* * * * *
    (f) * * *
    (2) * * *
    (i) Each accumulator must be shipped as an inside packaging. Robust 
accumulators may be transported unpackaged, in crates, or in 
appropriate overpacks when the hazardous materials are afforded 
equivalent protection by the article in which they are contained;
* * * * *
    (3) * * *
    (iv) Accumulators must be packaged in strong outer packaging. 
Robust accumulators may be transported unpackaged, in crates, or in 
appropriate overpacks when the hazardous materials are afforded 
equivalent protection by the article in which they are contained.
* * * * *
    (n) Receptacles, small, containing gas or gas cartridges for 
recycling or disposal. Receptacles, small, containing gas or gas 
cartridges not exceeding 1.0 L (0.3 gallons) capacity may be offered 
for transportation for the purposes of recycling or disposal. 
Receptacles, small, containing gas or gas cartridges are not required 
to be protected against shifting and inadvertent discharge if measures 
to prevent dangerous build-up of pressure and dangerous atmospheres are 
addressed and are excepted from the specification packaging 
requirements of this subchapter when packaged and offered in accordance 
with this paragraph (n).
    (1) Receptacles, small containing gas or gas cartridges for 
recycling or disposal, other than those that are leaking or severely 
deformed, must be packaged as follows:
    (i) The receptacles, small, containing gas or gas cartridges must 
be packaged in a strong outer packaging. The strong outer packaging and 
its contents must not exceed a gross weight of 55 kg (121 pounds) for 
fiberboard packagings or 125 kg (275 pounds) for other packagings; and
    (ii) Packagings must be adequately ventilated to prevent the 
creation of dangerous atmospheres and build-up of pressure.
    (2) Rigid large packagings are authorized conforming to the packing 
group II performance level made of:
    (i) Steel (50A); Aluminum (50B); Metal other than steel or aluminum 
(50N); Rigid plastics (50H); Natural wood (50C); Plywood (50D); 
Reconstituted wood (50F); Rigid fiberboard (50G).
    (ii) Large packagings must be designed and constructed to prevent 
dangerous shifting and inadvertent discharge during normal conditions 
of transport;
    (iii) Large packagings must be adequately ventilated to prevent the 
creation of dangerous atmospheres and the build-up of pressure; and
    (iv) Leaking or severely deformed containers must be transported in 
salvage cylinders or salvage packagings provided adequate measures are 
taken to prevent a dangerous build-up of pressure.
    (3) Receptacles, small, containing gas or gas cartridges for 
recycling or disposal must not be transported in closed freight 
containers.
    (4) Receptacles, small, containing gas or gas cartridges for 
recycling or disposal that were filled with Division 2.2 gases and have 
been pierced are not subject to the requirements of this subchapter.
0
35. In Sec.  173.335, revise paragraph (d) to read as follows:


Sec.  173.335   Chemical under pressure n.o.s.

* * * * *
    (d) Periodic inspection.
    (1) Except as specified in (d)(2) of this section, the maximum 
requalification test period for cylinders transporting chemical under 
pressure n.o.s. is 5 years.
    (2) For cylinders with maximum capacity of 450 L or less and filled 
with materials used as fire extinguishing agents, the maximum 
requalification test period is 10 years.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0
36. The authority citation for part 175 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.

0
37. In Sec.  175.8, add paragraph (b)(5) to read as follows:


Sec.  175.8   Exceptions for operator equipment and items of 
replacement.

* * * * *
    (b) * * *
    (5) Alcohol-based hand sanitizers and alcohol-based cleaning 
products that are accessible to crewmembers for use on the aircraft 
during the flight or series of flights for the purposes of passenger 
and crew hygiene. Conditions for the carriage and use must be described 
in an operations manual and/or other appropriate manuals.
0
38. In Sec.  175.9, revise paragraph (b)(5)(ii) to read as follows:


Sec.  175.9   Special aircraft operations.

    (b) * * *
    (5) * * *
    (ii) Each type of battery used is either nonspillable, lithium 
metal, or lithium ion. Lithium metal or lithium ion batteries must meet 
the provisions of Sec.  173.185(a) of this subchapter. Spare batteries 
must be individually protected to prevent short circuits when not in 
use;
* * * * *
0
39. In Sec.  175.10, revise paragraphs (a)(1) and (11) to read as 
follows:

[[Page 43896]]

Sec.  175.10   Exceptions for passengers, crewmembers, and air 
operators.

* * * * *
    (a) * * *
    (1)(i) Non-radioactive medicinal and toilet articles for personal 
use (including aerosols) carried in carry-on and checked baggage. 
Release devices on aerosols must be protected by a cap or other 
suitable means to prevent inadvertent release;
    (ii) Other aerosols in Division 2.2 (nonflammable gas) with no 
subsidiary risk carried in carry-on or checked baggage. Release devices 
on aerosols must be protected by a cap or other suitable means to 
prevent inadvertent release;
    (iii) The aggregate quantity of these hazardous materials carried 
by each person may not exceed 2 kg (70 ounces) by mass or 2 L (68 fluid 
ounces) by volume and the capacity of each container may not exceed 0.5 
kg (18 ounces) by mass or 500 ml (17 fluid ounces) by volume; and
    (iv) The release of gas must not cause extreme annoyance or 
discomfort to crew members so as to prevent the correct performance of 
assigned duties.
* * * * *
    (11) No more than two self-inflating personal safety devices, 
intended to be worn by a person such as a life jacket or vest, fitted 
with no more than two small gas cartridges per device (containing no 
hazardous material other than a Division 2.2 gas) for inflation 
purposes plus no more than two spare cartridges per device. The 
personal safety device(s) and spare cartridges may be carried in carry-
on or checked baggage, with the approval of the aircraft operator, and 
must be packed in such a manner that they cannot be accidently 
activated.
* * * * *
0
40. In Sec.  175.75, revise paragraph (b) and Note 1 to the Quantity 
and Loading Table in paragraph (f) to read as follows:


Sec.  175.75   Quantity limitations and cargo location.

* * * * *
    (b) Hazardous materials stowage. (1) Except as otherwise provided 
in this subchapter, no person may carry a hazardous material in the 
cabin of a passenger-carrying aircraft or on the flight deck of any 
aircraft, and the hazardous material must be located in a place that is 
inaccessible to persons other than crew members.
    (2) Hazardous materials may be carried in a main deck cargo 
compartment of a passenger aircraft provided that the compartment is 
inaccessible to passengers and that it meets all certification 
requirements for: A Class B aircraft cargo compartment in 14 CFR 
25.857(b); or a Class C aircraft cargo compartment in 14 CFR 25.857(c).
    (3) A package bearing a ``KEEP AWAY FROM HEAT'' handling marking 
must be protected from direct sunshine and stored in a cool and 
ventilated place, away from sources of heat.
    (4) Except as provided in paragraph (f) of this section, a package 
containing a hazardous material acceptable for cargo-only aircraft must 
be loaded in an accessible manner.
* * * * *
    (f) * * *

    Note 1:  The following materials are not subject to this loading 
restriction--
    a. Class 3, PG III (unless the substance is also labeled 
CORROSIVE).
    b. Division 6.1 (unless the substance is also labeled for any 
hazard class or division except FLAMMABLE LIQUID).
    c. Division 6.2.
    d. Class 7 (unless the hazardous material meets the definition 
of another hazard class).
    e. Class 9, Limited Quantity, or Excepted Quantity material.
    f. Articles of Identification Numbers UN0012, UN0014, or UN0055 
also meeting the requirements of Sec.  173.63(b).
    g. Articles of Identification Numbers UN3528 or UN3529.

* * * * *

PART 176--CARRIAGE BY VESSEL

0
41. The authority citation for part 176 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
42. In Sec.  176.84, in the paragraph (b) table, revise code 4, add 
codes 155, 156, and 157 in numerical order, and in the paragraph (c)(2) 
table, revise provisions 19E and 22E to read as follows:


Sec.  176.84   Other requirements for stowage, cargo handling, and 
segregation for cargo vessels and passenger vessels.

* * * * *
    (b) * * *

------------------------------------------------------------------------
               Code                              Provisions
------------------------------------------------------------------------
 
                              * * * * * * *
4.................................  Shall not be stowed together with
                                     combustible material in the same
                                     cargo transport unit.
 
                              * * * * * * *
155...............................  Avoid handling the package or keep
                                     handling to a minimum. Inform the
                                     appropriate public health authority
                                     or veterinary authority where
                                     persons or animals may have been
                                     exposed.
156...............................  For lithium batteries transported in
                                     accordance with Sec.   173.185(f)
                                     or for purposes of disposal or
                                     recycling, stowage category C
                                     applies.
157...............................  For aerosols and gas receptacles
                                     transported for purposes of
                                     recycling or disposal, stowage
                                     category C applies, and stowage
                                     must be clear of living quarters.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (2) * * *

------------------------------------------------------------------------
               Notes                             Provisions
------------------------------------------------------------------------
 
                              * * * * * * *
19E...............................  ``Separated from'' explosives
                                     containing chlorates or
                                     perchlorates.
 
                              * * * * * * *
22E...............................  ``Separated from'' ammonium
                                     compounds and explosives containing
                                     ammonium compounds or salts.
 

[[Page 43897]]

 
                              * * * * * * *
------------------------------------------------------------------------

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
43. The authority citation for part 178 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
44. In Sec.  178.3, revise paragraph (a)(4) to read as follows:


Sec.  178.3   Marking of packagings.

    (a) * * *
    (4) Unless otherwise specified, letters and numerals must be at 
least 12.0 mm (0.47 inches) in height except for packagings of less 
than or equal to 30 L (7.9 gallons) capacity for liquids or 30 kg (66 
pounds) maximum net mass for solids the height must be at least 6.0 mm 
(0.2 inches). For packagings having a capacity of 5 L (1.3 gallons) or 
less or of 5 kg (11 pounds) maximum net mass, letters and numerals must 
be of an appropriate size.
* * * * *
0
45. In Sec.  178.71 by:
0
a. Revising paragraph (d)(2);
0
b. Adding paragraph (l)(1)(iv), and
0
c. Revising paragraph (o)(1)
    The revisions and additions read as follows:


Sec.  178.71   Specifications for UN pressure receptacles.

* * * * *
    (d) * * *
    (2) Service equipment must be configured, or designed, to prevent 
damage that could result in the release of the pressure receptacle 
contents during normal conditions of handling and transport. Manifold 
piping leading to shut-off valves must be sufficiently flexible to 
protect the valves and the piping from shearing or releasing the 
pressure receptacle contents. The filling and discharge valves and any 
protective caps must be secured against unintended opening. The valves 
must conform to ISO 10297:2014(E) and ISO 10297:2014/Amd 1:2017(E), or 
for non-refillable pressure receptacles valves manufactured until 
December 31, 2020, ISO 13340:2001(E) (IBR, see Sec.  171.7 of this 
subchapter), and be protected as specified in Sec.  173.301b(f) of this 
subchapter. Until December 31, 2022, the manufacture of a valve 
conforming to the requirements of ISO 10297:2014(E) (IBR, see Sec.  
171.7 of this subchapter) is authorized. Until December 31, 2020, the 
manufacture of a valve conforming to the requirements in ISO 
10297:2006(E) (IBR, see Sec.  171.7 of this subchapter) was authorized. 
Until December 31, 2008, the manufacture of a valve conforming to the 
requirements in ISO 10297:1999 (E) (IBR, see Sec.  171.7 of this 
subchapter) was authorized. Additionally, valves must be initially 
inspected and tested in accordance with ISO 14246:2014(E) and ISO 
14246:2014/Amd 1:2017(E), Gas cylinders--Cylinder valves--Manufacturing 
tests and examinations (IBR, see Sec.  171.7 of this subchapter). For 
self-closing valves with inherent protection, the requirements of ISO 
17879:2017(E) (IBR, see Sec.  171.7 of this subchapter) shall be met 
until further notice.
* * * * *
    (l) * * *
    (1) * * *
    (iv) ISO 11119-4:2016(E) (IBR, see Sec.  171.7 of this subchapter). 
Until December 31, 2020, cylinders conforming to the requirements in 
ISO 11119-4(E) (IBR, see Sec.  171.7 of this subchapter) was 
authorized.
* * * * *
    (o) * * *
    (1) ISO 11114-1:2012(E) and 11114-1:2012/Amd 1:2017(E) (IBR, see 
Sec.  171.7 of this subchapter).
* * * * *
0
46. In Sec.  178.75, revise paragraph (d)(3) introductory text and add 
paragraphs (d)(3)(vi) through (ix) to read as follows:


Sec.  178.75   Specifications for MEGCs.

* * * * *
    (d) * * *
    (3) Each pressure receptacle of a MEGC must be of the same design 
type, seamless steel or composite, and constructed and tested according 
to one of the following ISO standards, as appropriate:
* * * * *
    (vi) ISO 11119-1:2012(E), Gas cylinders--Refillable composite gas 
cylinders and tubes--Design, construction and testing--Part 1: Hoop 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 L 
(IBR, see Sec.  171.7 of this subchapter).
    (vii) ISO 11119-2:2012(E) and ISO 11119-2:2012/Amd.1:2014(E), Gas 
cylinders--Refillable composite gas cylinders and tubes--Design, 
construction and testing--Part 2: Fully wrapped fibre reinforced 
composite gas cylinders and tubes up to 450 L with load-sharing metal 
liners (both IBR, see Sec.  171.7 of this subchapter).
    (viii) ISO 11119-3:2013(E) Gas cylinders-- Refillable composite gas 
cylinders and tubes--Design, construction and testing--Part 3: Fully 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 L 
with non-load-sharing metallic or non-metallic liners (IBR, see Sec.  
171.7 of this subchapter).
    (ix) ISO 11119-4:2016 Gas cylinders--Refillable composite gas 
cylinders--Design, construction and testing--Part 4: Fully wrapped 
fibre reinforced composite gas cylinders up to 150 L with load-sharing 
welded metallic liners (IBR, see Sec.  171.7 of this subchapter).
* * * * *
0
47. In Sec.  178.275, revise paragraph (i)(2)(i)(A) to read as follows:


Sec.  178.275   Specification for UN Portable Tanks intended for the 
transportation of liquid and solid hazardous materials.

* * * * *
    (i) * * *
    (2) * * *
    (i) * * *
    (A) To determine the total required capacity of the relief devices, 
which must be regarded as being the sum of the individual capacities of 
all the contributing devices, the following formula must be used:
[GRAPHIC] [TIFF OMITTED] TP10AU21.025


Where:

Q = minimum required rate of discharge in cubic meters of air per 
second (\m\\3\/s) at conditions: 1 bar and 0 [deg]C (273 
[deg]K);
F = for uninsulated shells: 1; for insulated shells: U(649-t)/13.6 
but in no case, is less than 0.25

Where:

U = heat transfer coefficient of the insulation, in kW 
m-\2\K-\1\, at 38 [deg]C (100 [deg]F); and t = 
actual temperature of the hazardous material during filling (in 
[deg]C) or when this temperature is unknown, let t = 15 [deg]C (59 
[deg]F). The value of F given in this paragraph (i)(2)(i)(A) for 
insulated shells may only be used if the insulation is in 
conformance with paragraph (i)(2)(iv) of this section;
A = total external surface area of shell in square meters;
Z = the gas compressibility factor in the accumulating condition 
(when this factor is unknown, let Z equal 1.0);
T = absolute temperature in Kelvin ([deg]C + 273) above the pressure 
relief devices in the accumulating condition;
L = the latent heat of vaporization of the liquid, in kJ/kg, in the 
accumulating condition;

[[Page 43898]]

M = molecular weight of the hazardous material.
* * * * *
0
48. In Sec.  178.505, redesignate paragraphs (b)(6) and (7) as (b)(7) 
and (8), respectively, and add new paragraph (b)(6) to read as follows:


Sec.  178.505   Standards for aluminum drums.

* * * * *
    (b) * * *
    (6) If materials used for body, heads, closures, and fittings are 
not compatible with the contents to be transported, suitable internal 
protective coatings or treatments must be applied. These coatings or 
treatments must retain their protective properties under normal 
conditions of transport.
    (7) Maximum capacity of drum: 450 L (119 gallons).
    (8) Maximum net mass: 400 kg (882 pounds).
0
49. In Sec.  178.506, redesignate paragraphs (b)(6) and (7) as (b)(7) 
and (8), respectively, and add new paragraph (b)(6) to read as follows:


Sec.  178.506   Standards for metal drums other than steel or aluminum.

* * * * *
    (b) * * *
    (6) If materials used for body, heads, closures, and fittings are 
not compatible with the contents to be transported, suitable internal 
protective coatings or treatments must be applied. These coatings or 
treatments must retain their protective properties under normal 
conditions of transport.
    (7) Maximum capacity of drum: 450 L (119 gallons).
    (8) Maximum net mass: 400 kg (882 pounds).
0
50. In Sec.  178.609, revise paragraph (g) to read as follows:


Sec.  178.609   Test requirements for packagings for infectious 
substances.

* * * * *
    (g) Where packaging is intended to contain dry ice, an additional 
drop test to that specified in paragraph (d), and when appropriate, (e) 
or (f) of this section must be performed on one sample in one of the 
orientations described in (d)(1) or (d)(2) of this section, as 
appropriate, which is most likely to result in failure of the 
packaging. The sample must be stored so that all the dry ice dissipates 
prior to being subjected to the drop test.
* * * * *
0
51. In Sec.  178.703, revise paragraphs (b)(6) introductory text and 
(b)(7)(iv) to read as follows:


Sec.  178.703   Marking of IBCs.

* * * * *
    (b) * * *
    (6) For each composite IBC, the inner receptacle must be marked 
with at least the following information. The marking must be visible 
while inside of the outer receptacle. If the marking is not visible 
from the outer receptacle, the marking must be duplicated on the outer 
receptacle and include an indication that the marking applies to the 
inner receptacle.
* * * * *
    (7) * * *
    (iv) For IBCs designed for stacking, the maximum permitted stacking 
load must be displayed with the symbol. The mass in kilograms (kg) 
marked above the symbol must not exceed the load imposed during the 
design test, as indicated by the marking in paragraph (a)(1)(vii) of 
this section, divided by 1.8. The letters and numbers indicating the 
mass must be at least 12 mm (0.48 inches).
0
52. In Sec.  178.705, revise paragraph (c)(1)(iv) introductory text to 
read as follows:


Sec.  178.705   Standards for metal IBCs.

* * * * *
    (c) * * *
    (1) * * *
    (iv) Minimum wall thickness. For metal IBCs with a capacity of more 
than 1500 liters, the minimum wall thickness must be determined as 
follows:
    (A) For a reference steel having a product of Rm x Ao = 10,000, 
where Ao is the minimum elongation (as a percentage) of the reference 
steel to be used on fracture under tensile stress (Rm x Ao = 10,000 x 
145; if tensile strength is in U.S. Standard units of pounds per square 
inch), the wall thickness must not be less than:

                                            Wall Thickness (T) in mm
----------------------------------------------------------------------------------------------------------------
                      Types 11A, 11B, 11N                              Types 21A, 21B, 21N, 31A, 31B, 31N
----------------------------------------------------------------------------------------------------------------
             Unprotected                      Protected               Unprotected               Protected
----------------------------------------------------------------------------------------------------------------
T = C/2000 + 1.5.....................  T = C/2000 + 1.0.......  T = C/1000 + 1.0.......  T = C/2000 + 1.5
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
53. The authority citation for part 180 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
54. In Sec.  180.207, revise paragraph (d)(3) and add (7) to read as 
follows:


Sec.  180.207   Requirements for requalification of UN pressure 
receptacles.

* * * * *
    (d) * * *
    (3) Dissolved acetylene UN cylinders: Each dissolved acetylene 
cylinder must be requalified in accordance with ISO 10462:2013(E) (IBR, 
see Sec.  171.7 of this subchapter). A cylinder requalified in 
accordance with ISO 10462(E) up until December 31, 2018, may continue 
to be used until the next required requalification. The porous mass and 
the shell must be requalified no sooner than 3 years, 6 months, from 
the date of manufacture. Thereafter, subsequent requalifications of the 
porous mass and shell must be performed at least once every ten years.
* * * * *
    (7) UN cylinder bundles: UN cylinder bundles containing compressed, 
liquefied, and dissolved gas must be inspected and tested in accordance 
with ISO 20475:2018(E) (IBR, see Sec.  171.7 of this subchapter).

    Issued in Washington, DC on July 15, 2021, under authority 
delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2021-15425 Filed 8-9-21; 8:45 am]
BILLING CODE 4910-60-P