Hazardous Materials: Harmonization With International Standards, 34568-34622 [2023-07109]

Download as PDF 34568 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / 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–2021–0092 (HM–215Q)] RIN 2137–AF57 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. DATES: Comments must be received by July 31, 2023. To the extent possible, PHMSA will consider late-filed comments while a final rule is developed. SUMMARY: You may submit comments by any of the following methods: • Federal Rulemaking Portal: https:// 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–2021–0092 (HM–215Q) or RIN 2137–AF57 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to https://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 selfaddressed stamped postcard. ddrumheller on DSK120RN23PROD with PROPOSALS2 ADDRESSES: VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 Docket: For access to the dockets to read background documents (including the Preliminary Regulatory Impact Analysis (PRIA)) or comments received, go to https://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 Proposed for Adoption 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. Unfunded Mandates Reform Act of 1995 H. Environment Assessment I. Executive Order 12898 J. Privacy Act K. Executive Order 13609 and International Trade Analysis L. National Technology Transfer and Advancement Act PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 M. Executive Order 13211 I. Executive Summary 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 changes, including changes to proper shipping names (PSN), hazard classes, packing groups (PG), special provisions (SP), packaging authorizations, air transport quantity limitations, and vessel stowage requirements. The proposed amendments are discussed in detail in ‘‘Section V. Section-by-Section Review of NPRM Proposals.’’ Adoption of the regulatory amendments proposed in this NPRM will maintain the high safety standard currently achieved under the HMR. PHMSA also notes that because harmonization of the HMR with international regulations and consensus standards could reduce delays and interruptions of hazardous materials during transportation, the proposed 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 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 2023–2024 edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions); Amendment 41–22 to the International Maritime Dangerous Goods Code (IMDG Code); and the 22nd revised edition of the United Nations Recommendations on the Transport of Dangerous Goods— Model Regulations (UN Model Regulations); • Hazardous Materials Table: PHMSA proposes amendments to the Hazardous Materials Table (HMT; 49 CFR 172.101) to add, revise, or remove certain PSNs, hazard classes, PGs, SPs, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits. E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules • Polymerizing Substances: In 2017— as part of the HM–215N final rule 1— PHMSA added four new Division 4.1 (flammable solid) entries for polymerizing substances to the HMT and added defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls into the HMR. These changes remained in effect until January 2, 2019, while PHMSA used the interim period to review and research the implications of the polymerizing substance amendments. In 2020—as part of the HM–215O 2 final rule—PHMSA extended the date the provisions remained in effect from January 2, 2019, to January 2, 2023, to allow for the additional research to be completed on the topic. In this NPRM, PHMSA proposes to remove the phaseout date (January 2, 2023) from the transport provisions for polymerizing substances to allow for continued use of the provisions. • Cobalt dihydroxide powder containing not less than 10 percent respirable particles: PHMSA proposes to add a new entry to HMT, ‘‘UN3550 Cobalt dihydroxide powder, containing not less than 10% respirable particles’’ and corresponding packaging provisions. Cobalt is a key strategic mineral used in various advanced medical and technical applications around the world, including various types of batteries. Historically, this hazardous material has been classified and transported as a Class 9 material under ‘‘UN3077, Environmentally hazardous substance, solid, n.o.s.’’ however testing required under Registration, Evaluation, Authorisations and Restriction of Chemicals (REACH) regulations 3 for comprehensive GHS testing, determined that this material poses an inhalation toxicity hazard. Following this determination, the 22nd revised edition of the UN Model Regulations developed a new entry on the Dangerous Goods List (DGL) and packaging authorizations specifically for this hazardous material to facilitate continued global transport of this material. In this NPRM, PHMSA proposes to do likewise by adding a new entry for cobalt dihydroxide containing not less than 10 percent respirable particles and assigning it UN3550 on the HMT, in addition to adding packaging provisions, including the authorization to transport this material in flexible IBCs. PHMSA expects that these 1 82 FR 15796 (Mar. 30, 2017). FR 27810 (May 11, 2020). 3 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006. 2 85 VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 provisions will facilitate the continued transport of this material, to keep global supply chains open. See 172.101 of the Section-by-Section Review for additional discussion of these amendments. • Lithium Battery Exceptions: PHMSA proposes to remove the exceptions provided for small lithium cells and batteries for transportation by aircraft. This is consistent with the elimination of similar provisions in the ICAO Technical Instructions. See 173.185 of the Section-by-Section Review for additional discussion of these amendments. 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 the need, benefits, and costs of the proposed HMR revisions; impact on safety and the environment; 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 are informed by the latest best practices and lessons learned; (2) improving understanding of, PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 34569 and compliance with, pertinent requirements; (3) facilitating the 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 due to 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 consensus standards and regulations consistent with PHMSA’s safety mission. PHMSA reviews and evaluates each international standard it considers for incorporation within the HMR on its own merits, including 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 final rule HM–181,4 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, including review of numerous updated standards for the design, manufacture, testing, and use of packagings, and proposes to revise the HMR to adopt changes consistent with revisions to the 2023– 2024 edition of the ICAO Technical Instructions, Amendment 41–22 to the IMDG Code, and the 22nd revised edition of the UN Model Regulations, all of which will be published by or in effect on January 1, 2023,5 while also ensuring the changes are consistent with 4 55 FR 52401 (Dec. 21, 1990). 41–22 of the IMDG Code will become mandatory on January 1, 2024. Voluntary compliance begins on January 1, 2023. 5 Amendment E:\FR\FM\30MYP2.SGM 30MYP2 34570 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 PHMSA’s safety mission. Consequently, PHMSA proposes to incorporate by reference these revised international regulations, several new or updated International Organization for Standards (ISO) standards, and a new Organization for Economic Co-operation and Development (OECD) standard. The regulations and standards incorporated by reference are authorized for use for domestic transportation, under specific conditions, in part 171, subpart C of the HMR. PHMSA issued an enforcement discretion on November 28, 2022,6 stating that while PHMSA is considering the 2023–2024 Edition of the ICAO Technical Instructions and Amendment 41–22 of the IMDG Code for potential adoption into the HMR, PHMSA and other federal agencies that enforce the HMR (the Federal Railroad Administration (FRA), the Federal Aviation Administration (FAA), the Federal Motor Carrier Safety Administration (FMCSA), and the United States Coast Guard (USCG)) 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. 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 numerous standards and specifications developed and published by standard development organizations (SDO). In general, SDOs update and revise their published standards every two to five 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 governmentwritten 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 standards currently referenced in the HMR 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 7 that revised 1 CFR 51.5 to require that an agency 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. Proposed changes to the material incorporated by reference in the HMR are discussed in detail in the § 171.7 discussion in ‘‘Section V. Section-by-Section Review of NPRM Proposals.’’ The UN Model Regulations, the United Nations Manual of Tests and Criteria (UN Manual of Tests and Criteria),8 and the OECD standard (i.e., Test No. 439) 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 references not freely available helps to cover the cost of developing, 7 79 6 https://www.phmsa.dot.gov/regulatory- compliance/phmsa-guidance/phmsa-noticeenforcement-policy-regarding-international. VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 FR 66278 (Nov. 7, 2014). Econ. Comm’n for Europe, Transportation Division, Manual of Tests and Criteria, 7th Rev. Ed., Amend. 1, U.N. Sales No. 21. VIII. 2 (2021). 8 U.N. PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 maintaining, hosting, and accessing these standards and regulations. IV. Amendments Not Being Proposed for Adoption PHMSA determined that certain elements of updated international regulations and standards 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 issuance of a special permit rather than allow for general applicability by adopting those requirements into the HMR. Use of a special permit allows for greater oversight and development of transport history and data prior to determining whether to adopt the terms of the special permit in the HMR for broad application. The following is a list of international regulations and standards updates that PHMSA is not proposing for adoption in this NPRM, and the rationale for those decisions: • Fiber-reinforced plastic UN portable tanks: The 22nd revised edition of the UN Model Regulations and Amendment 41–22 of the IMDG Code include provisions for the design, construction, approval, use, and testing of fiberreinforced plastic (FRP) UN portable tanks. These are UN portable tanks with shells made of FRP materials instead of traditional steel. PHMSA is not proposing to make corresponding amendments to the HMR to authorize general multi-modal transport of FRP UN portable tanks. PHMSA believes further research is necessary in areas covering material fatigue, suitability of the pool fire test and impact testing as packaging qualification methods, and in the identification of the most appropriate non-destructive test methodology to qualify FRP UN portable tanks. The results of this research will be used to better gauge the appropriateness of full adoption of the provisions, amendments to the requirements for approval or use, or a continued exclusion from the HMR. However, PHMSA is proposing an amendment to § 171.25—Additional requirements for the use of the IMDG Code—that would allow limited import and export of FRP UN portable tanks within a single port area. See ‘‘Section V. Section-by-Section Review of NPRM Proposals’’ for a discussion of § 171.25 changes. • Pressure receptacles: The 22nd revised edition of the UN Model Regulations, the 2023–2024 edition of the ICAO Technical Instructions, and Amendment 41–22 to the IMDG Code E:\FR\FM\30MYP2.SGM 30MYP2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules amended various definitions and other language concerning the terms ‘‘pressure receptacles’’ and associated requirements for assessing conformance of UN cylinders built to ISO standards. PHMSA is not proposing to make changes to the HMR consistent with these amendments. Terminology used in international standards and HMR differ such that an evaluation is necessary to determinate the full impacts beyond merely using consistent terminology. PHMSA may consider making relevant changes regarding UN cylinders as needed in future rulemakings. • Aerosol containers: The 22nd revised edition of the UN Model Regulations, the 2023–2024 edition of the ICAO Technical Instructions, and Amendment 41–22 to the IMDG Code adopted maximum internal pressure limits for aerosol containers. Prior to these changes, these international regulations and standards had no specific pressure limits for aerosol containers. PHMSA welcomes this additional safety measure for the transport of aerosol containers, as it makes aerosol containers constructed and filled in accordance with international standards more consistent with existing domestic requirements for aerosol containers, which are subject to internal pressure limits as part of the performance standards for their construction and use. Noting existing differences in the HMR, include the definition for aerosol and the performance standards for their construction and use and thus because of the complexity involved in trying to harmonize the maximum pressure limits, PHMSA is not proposing to adopt these internationally implemented maximum internal pressure limits. Such harmonization would necessitate a review and evaluation beyond the scope of this rulemaking. V. Section-by-Section Review of NPRM Proposals The following is a section-by-section review of proposed amendments to harmonize the HMR with international regulations and standards. A. Part 171 ddrumheller on DSK120RN23PROD with PROPOSALS2 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. PHMSA evaluated updated international consensus standards pertaining to PSNs, hazard classes, PGs, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 requirements. PHMSA contributed to the development of those standards— each of which build on the wellestablished 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 the updated consensus standards would have on safety, when incorporated by reference and with 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. Additionally, as noted above, PHMSA has issued past enforcement discretions authorizing their use of the consensus standards 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 incorporation by reference will maintain the high safety standard currently achieved under the HMR. Therefore, PHMSA proposes to add or revise the following incorporation by reference materials.9 • In paragraph (t)(1), incorporate by reference the 2023–2024 edition of the ICAO Technical Instructions, to replace the 2021–2022 edition, which is currently referenced in §§ 171.8; 171.22 through 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 international safe transport of dangerous goods by air. The requirements in the 2023–2024 edition have been amended to align better with the 22nd revised edition of the UN Model Regulations and the International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material. Notable changes in the 2023–2024 edition of the ICAO Technical Instructions include new packing and stowage provisions, new and revised entries on its Dangerous Goods List, and editorial corrections. The 2023–2024 edition of the ICAO Technical Instructions is available for purchase on the ICAO website at https://store.icao.int/en/shop-by-areas/ safety/dangerous-goods. 9 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 00005 Fmt 4701 Sfmt 4702 34571 • In paragraph (v)(2), incorporate by reference the 2022 edition of the IMDG Code, Incorporating Amendment 41–22 (English Edition), to replace Incorporating Amendment 40–20, 2020 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 (i.e., by vessel). Notable changes in Amendment 41–22 of the IMDG Code include new packing and stowage provisions, new and revised entries on its 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 9809, Parts 1 through 3. ISO 9809 is comprised of four parts (ISO 9809– 1 through 9809–4) and specifies minimum requirements for the material, design, construction, and workmanship; manufacturing processes; and examination and testing at time of manufacture for various types of refillable seamless steel gas cylinders and tubes. PHMSA proposes to incorporate by reference the most recent versions of Parts 1 through 3. • Incorporate by reference the third edition of ISO 9809–1:2019(E), ‘‘Gas cylinders—Design, construction and testing of refillable seamless steel gas cylinders and tubes—Part 1: Quenched and tempered steel cylinders and tubes with tensile strength less than 1100 Mpa’’ in paragraph (w)(32). Additionally, PHMSA proposes a sunset date of December 31, 2026, for continued use and phase out of the second edition of ISO 9809–1:2010, which is currently referenced in § 178.37, § 178.71, and § 178.75. Part 1 of ISO 9809 is applicable to cylinders and tubes for compressed, liquefied, and dissolved gases and for quenched and tempered steel cylinders and tubes with a maximum actual tensile strength of less than 1100 MPa, which is equivalent to U.S. customary unit of about 160,000 psi. As part of its periodic review of all standards, ISO reviewed ISO 9809– E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 34572 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules 1:2010(E) and published an updated version, ISO 9809–1:2019(E), which was published in 2019 and adopted in the 22nd revised edition of the UN Model Regulations. The updated standard has technical revisions including limiting the bend test only for prototype tests. Updating references to this document would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations pertaining to the design and construction of UN cylinders. PHMSA has reviewed this edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and concludes incorporation of the revised third edition will maintain or improve the safety standards associated with its use. • Incorporate by reference the third edition of ISO 9809–2:2019(E), ‘‘Gas cylinders—Design, construction and testing of refillable seamless steel gas cylinders and tubes—Part 2: Quenched and tempered steel cylinders and tubes with tensile strength greater than or equal to 1100 MPa’’ in paragraph (w)(35). ISO 9809–2:2019 is the third edition of ISO 9809–2. Additionally, PHMSA proposes a sunset date of December 31, 2026, for continued use and phaseout of the second edition of ISO 9809–2:2010, which is currently referenced in § 178.71, and § 178.75. ISO 9809–2:2019 specifies minimum requirements for the material, design, construction and workmanship, manufacturing processes, examination and testing at time of manufacture for refillable seamless steel gas cylinders and tubes with water capacities up to and including 450 L. Part 2 of ISO 9809 is applicable to cylinders and tubes for compressed, liquefied, and dissolved gases and for quenched and tempered steel cylinders and tubes with an actual tensile strength greater than or equal to 1100 MPa. As part of its periodic review of all standards, ISO reviewed ISO 9809–2:2010 and published an updated version, ISO 9809–2:2019, in 2019; this updated version was adopted in the 22nd revised edition of the UN Model Regulations. The updated standard has technical revisions including expanded cylinder size (i.e., allowed water capacity is extended from below 0.5 L to up to and including 450 L); the introduction of specific batch sizes for tubes; limiting the bend test only for prototype tests; the addition of test requirements for check analysis (tolerances modified); and the addition of new test requirements for threads. Updating references to this document would align the HMR with changes adopted in the 22nd revised edition of VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 the UN Model Regulations pertaining to the design and construction of UN cylinders. PHMSA has reviewed this edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and concludes incorporation of the revised third edition will maintain or improve the safety standards associated with its use. • Incorporate by reference the third edition of ISO 9809–3:2019(E), ‘‘Gas cylinders—Design, construction and testing of refillable seamless steel gas cylinders and tubes—Part 3: Normalized steel cylinders and tubes’’ in paragraph (w)(38). Additionally, PHMSA proposes a sunset date of December 31, 2026, for continued use phaseout of the second edition of ISO 9809–3:2010, which is currently referenced in § 178.71 and § 178.75. ISO 9809–3 is applicable to cylinders and tubes for compressed, liquefied, and dissolved gases and for normalized or normalized and tempered, steel cylinders and tubes. As part of its periodic review of all standards, ISO reviewed ISO 9809– 3:2010 and published an updated version, ISO 9809–3:2019. The updated standard has technical revisions including: a wider scope of cylinders (i.e., allowed water capacity is extended from below 0.5 L up to and including 450 L); the introduction of specific batch sizes for tubes; limiting the bend test only for prototype tests; the addition of test requirements for check analysis (tolerances modified); and the addition of new test requirements for threads. Updating references to the 2019 edition would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations, which added this version pertaining to the design and construction of UN cylinders. PHMSA has reviewed this edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and concludes incorporation of the revised third edition will maintain or improve the safety standards associated with its use. —Incorporate by reference supplemental amendment ISO 10462:2013/Amd 1:2019(E), ‘‘Gas cylinders—Acetylene cylinders— Periodic inspection and maintenance—Amendment 1’’ in paragraph (w)(48). This proposed change would add a reference to ISO 10462:2013/Amd 1:2019(E) in § 180.207(d)(3), where ISO 10462:2013 is currently required, and add a sunset date of December 31, 2024, for continued use and phaseout of ISO 10462:2013 without the PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 supplemental amendment. ISO 10462:2013 specifies requirements for the periodic inspection of acetylene cylinders as required for the transport of dangerous goods and for maintenance in connection with periodic inspection. It applies to acetylene cylinders with and without solvent and with a maximum nominal water capacity of 150 L. As part of a periodic review of its standards, ISO reviewed ISO 10462:2013, and in June 2019 published a short supplemental amendment, ISO 10462:2013/Amd 1:2019. The supplemental document includes updates such as simplified marking requirements for rejected cylinders. Updating references to this document would align the HMR with documents referenced in the 22nd revised edition of the UN Model Regulations pertaining to the requalification procedures for acetylene UN cylinders. PHMSA has reviewed this edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and concludes the incorporation of the supplemental document maintains the HMR safety standards for use of acetylene cylinders. —Incorporate by reference the third edition of ISO 11117:2019(E), ‘‘Gas cylinders—Valve protection caps and guards—Design, construction and tests’’ in paragraph (w)(56). This amendment would authorize the use of the third edition until further notice and add an end date of December 31st, 2026, to the authorization for use of the second edition, ISO 11117:2008 and the associated corrigendum, which are currently referenced in § 173.301b. ISO 11117 specifies the requirements for valve protection caps and valve guards used on cylinders for liquefied, dissolved, or compressed gases. The changes in this revised standard pertain to the improvement of the interoperability of both the valve protection caps and the valve guards, with the cylinders and the cylinder valves. To that end, the drop test, the marking, and test report requirements have been revised and clarified. Updating references to this document would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations pertaining to valve protection on UN pressure receptacles. PHMSA has reviewed this edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and does not E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules expect any degradation of safety standards in association with its use. —Incorporate by reference ISO 11118:2015/Amd 1:2019(E), ‘‘Gas cylinders—Non-refillable metallic gas cylinders—Specification and test methods—Amendment 1’’ in paragraph (w)(59). ISO 11118:2015/ Amd 1:2019(E) is a short supplemental amendment that is intended to be used in conjunction with ISO 11118:2015, which is currently referenced in § 178.71. This amendment would authorize the use of this supplemental amendment in conjunction with ISO 11118:2015 until further notice and add an end date of December 31, 2026, until which ISO 11118:2015 may continue to be used without this supplemental amendment. ISO 11118:2015, which specifies minimum requirements for the material, design, inspections, construction and workmanship, manufacturing processes, and tests at manufacture of non-refillable metallic gas cylinders of welded, brazed, or seamless construction for compressed and liquefied gases including the requirements for their non-refillable sealing devices and their methods of testing. ISO 11118:2015/Amd 1:2019 corrects the identity of referenced clauses and corrects numerous typographical errors. The amendment also includes updates to the marking requirements in the normative Annex A, which includes clarifications, corrections, and new testing requirements. Updating references to this document would align the HMR with documents referenced in the 22nd revised edition of the UN Model Regulations pertaining to nonrefillable UN cylinders. PHMSA has reviewed this amended document as part of its regular participation in the review of amendments proposed for the UN Model Regulations and determined that the added corrections and clarifications provide important additional utility for users of ISO 11118:2015(E) and does not expect any degradation of safety standards in association with its use. —Incorporate by reference ISO 11513:2019, ‘‘Gas cylinders— Refillable welded steel cylinders containing materials for subatmospheric gas packaging (excluding acetylene)—Design, construction, testing, use and periodic inspection’’ in paragraph (w)(71). ISO 11513:2019 is the second edition of ISO 11513. This amendment would authorize the use of the second edition and add an end date to the authorization for use of the first edition, ISO 11513:2011 (including Annex A), which is VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 currently referenced in § 173.302c, § 178.71, and § 180.207. ISO 11513 specifies minimum requirements for the material, design, construction, workmanship, examination and testing at manufacture of refillable welded steel cylinders for the subatmospheric pressure storage of liquefied and compressed gases. The second edition has been updated to amend packing instructions and remove a prohibition on the use of ultrasonic testing during periodic inspection. Updating references to this document would align the HMR with documents referenced in the 22nd revised edition of the UN Model Regulations pertaining to the shipment of adsorbed gases in UN pressure receptacles. PHMSA has reviewed this edition 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 its use. —Incorporate by reference ISO 16111:2018, ‘‘Transportable gas storage devices—Hydrogen absorbed in reversible metal hydride’’ in paragraph (w)(80). ISO 16111:2018 is the second edition of ISO 16111. This amendment would authorize the use of the second edition until further notice and add an end date of December 31, 2026, on the authorization to use the first edition, ISO 16111:2008, which is referenced in §§ 173.301b, 173.311, and 178.71. ISO 16111 defines the requirements applicable to the material, design, construction, and testing of transportable hydrogen gas storage systems which utilize shells not exceeding 150 L internal volume and having a maximum developed pressure not exceeding 25 MPa. This updated standard includes additional information pertaining to service temperature conditions which have been described in detail; new references related to shell design; modified drop test conditions; modified acceptance criteria for leak testing; modified hydrogen cycling conditions; new warning labelling; and updated information on safety data sheets. Updating references to this document would align the HMR with documents referenced in the 22nd revised edition of the UN Model Regulations pertaining to metal hydride storage systems. PHMSA has reviewed this edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and does not PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 34573 expect any degradation of safety standards in association with its use. —Incorporate by reference ISO 17871:2020(E), ‘‘Gas cylinders— Quick-release cylinder valves— Specification and type testing’’ in paragraph (w)(83). ISO 17871:2020 is the second edition of ISO 17871. This amendment would authorize the use of the second edition and add an end date of December 31st, 2026, to the authorization for use of the first edition, ISO 17871:2015(E), which is currently referenced in 173.301b. This document, in conjunction with ISO 10297 and ISO 14246, specifies design, type testing, marking, and manufacturing tests, and examinations requirements for quickrelease cylinder valves intended to be fitted to refillable transportable gas cylinders, pressure drums and tubes which convey certain gases such as compressed or liquefied gases or extinguishing agents charged with compressed gases to be used for fireextinguishing, explosion protection, and rescue applications. As part of its regular review of its standards, ISO updated and published the second edition of ISO 17871 as ISO 17871:2020. The 2020 edition of this standard broadens the scope to include quick release valves for pressure drums and tubes and specifically excludes the use of quick release valves with flammable gases. Other notable changes include the addition of the valve burst test pressure, the deletion of the flame impingement test, and the deletion of internal leak tightness test at ¥40 °C for quick release cylinder valves used only for fixed fire-fighting systems installed in buildings. Updating references to this document would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations pertaining to the shipment of gases in UN pressure receptacles. PHMSA has reviewed this edition 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 its use. —Incorporate by reference ISO 21172– 1:2015/Amd 1:2018, ‘‘Gas cylinders— Welded steel pressure drums up to 3000 litres capacity for the transport of gases—Design and construction— Part 1: Capacities up to 1000 litres— Amendment 1’’ in paragraph (w)(89). ISO 21172–1:2015/Amd1:2018 is a short supplemental amendment that is intended to be used in conjunction with ISO 21172–1:2015, which is currently referenced in § 178.71. This E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 34574 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules amendment would authorize the use of this supplemental document in conjunction with the first edition, ISO 21172–1:2015. It would also add an end date of December 31, 2026, until which ISO 21172–1:2015 may continue to be used without this supplemental amendment. ISO 21172–1:2015 specifies the minimum requirements for the material, design, fabrication, construction, workmanship, inspection, and testing at manufacture of refillable welded steel gas pressure drums of volumes 150 L to 1000 L and up to 300 bar (30 MPa) test pressure for compressed and liquefied gases. This supplemental amendment includes updated references and removes the restriction on corrosive substances. Updating references to this document would align the HMR with documents referenced in the 22nd revised edition of the UN Model Regulations pertaining to the design and construction of UN pressure drums. PHMSA has reviewed this edition 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 its use. —Incorporate by reference ISO 23088:2020, ‘‘Gas cylinders—Periodic inspection and testing of welded steel pressure drums—Capacities up to 1000 l’’ in paragraph (w)(91). This amendment would incorporate by reference the first edition of ISO 23088, which specifies the requirements for periodic inspection and testing of welded steel transportable pressure drums of water capacity from 150 L up to 1,000 L and up to 300 bar (30 MPa) test pressure intended for compressed and liquefied gases in § 180.207. This new standard was adopted in the 22nd revised edition of the UN Model Regulations because it fulfills the need for specific periodic inspection instructions for pressure drums constructed in accordance with ISO 21172–1. Incorporating by reference this document would align the HMR with standards adopted in the 22nd revised edition of the UN Model Regulations pertaining to the design, construction, and inspection of UN pressure drums. PHMSA has reviewed this document as part of its regular participation in the review of amendments proposed for the UN Model Regulations and expects that its addition will facilitate the continued use of UN pressure drums with no degradation of safety. VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 • In paragraph (aa)(3), incorporate by reference the OECD Guidelines for the Testing of Chemicals ‘‘Test No. 439: In Vitro Skin Irritation: Reconstructed Human Epidermis Test Method’’ (2015). This Test Guideline (TG) provides an in vitro procedure that may be used for the hazard identification of irritant chemicals. PHMSA proposes to reference this test in § 173.137, and to authorize the use of this test method in addition to those already referenced in that section. This test method is used to specifically exclude a material from classification as corrosive and to maintain alignment with the 22nd revised edition of the UN Model Regulations. This test method provides an in vitro procedure that may be used for the hazard identification of irritant chemicals (substances and mixtures). 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,’’ 22nd revised edition (2021), Volumes I and II, in paragraph (dd)(1), which are referenced in §§ 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 tenth session on December 11, 2020, the UNSCOE on the Transport of Dangerous Goods adopted amendments to the UN Model Regulations on the Transport of Dangerous Goods concerning, inter alia, electric storage systems (including modification of the lithium battery mark and provisions for transport of assembled batteries not equipped with overcharge protection), requirements for the design, construction, inspection and testing of portable tanks with shells made of fiber reinforced plastics (FRP) materials, modified listings of dangerous goods; and additional harmonization with the IAEA Regulations for the Safe Transport of Radioactive Material. PHMSA participates in the development of the UN Model Regulations and has determined that the amendments adopted in the 22nd revised edition support the safe transport of PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 hazardous materials and as such are appropriate for incorporation in the HMR. The 22nd revised edition of the UN Model Regulations is available online at: https://unece.org/transport/ dangerous-goods/un-modelregulations-rev-22. —‘‘The Manual of Tests and Criteria, Amendment 1 to the Seventh revised edition’’ (Rev.7/Amend.1) (2021), in paragraph (dd)(2)(ii), 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. At its tenth session the Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals adopted a set of amendments to the seventh revised edition of the Manual, which were circulated and collected in amendment 1 to the seventh revised edition. The new amendments adopted in December 2020 pertain to the transport of explosives, including alignment with revised Chapter 2.1 of the GHS, classification of self-reactive substances and polymerizing substances, and the assessment of the thermal stability of samples and temperature control assessment for transport of self-reactive substances and organic peroxides. PHMSA has reviewed and approved the amendments adopted in this document and further expects that their incorporation in the HMR will provide an additional level of safety. PHMSA proposes to incorporate by reference this document as a supplement, to be used in conjunction with the seventh revised edition (2019). The amendments to the manual can be accessed at https:// unece.org/transport/dangerous-goods/ rev7-files. —‘‘Globally Harmonized System of Classification and Labelling of Chemicals (GHS),’’ ninth revised edition (2021) 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 these hazards. At its tenth session on December 11, 2020, the Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of E:\FR\FM\30MYP2.SGM 30MYP2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 Classification and Labelling of Chemicals adopted a set of amendments to the eighth revised edition of the GHS which include, inter alia: revisions to Chapter 2.1 (explosives) to better address their explosion hazard when they are not in their transport configuration; revisions to decision logics; revisions to classification and labelling summary tables in Annex 1; revisions and additional rationalization of precautionary statements; and updates of references to OECD test guidelines for the testing of chemicals in Annexes 9 and 10. PHMSA has reviewed and approved the amendments incorporated in this document and further expects that its incorporation in the HMR will provide an additional level of safety. The ninth revised edition of the GHS can be accessed at https://unece.org/ transport/standards/transport/ dangerous-goods/ghs-rev9-2021. Section 171.12 Section 171.12 prescribes requirements for shipments of hazardous materials in North America, including use of the Transport Canada (TC) Transportation of Dangerous Goods (TDG) Regulations. In rule HM–215N,10 PHMSA amended the HMR to expand recognition of cylinders and pressure receptacles, and certificates of equivalency—Transport Canada’s equivalent of a special permit— approved in accordance with the TDG Regulations. The goal of these amendments was to promote flexibility and permit the use of modern technology for the requalification and use of pressure receptacles, to expand the universe of pressure receptacles authorized for use in hazardous material transport, to reduce the need for special permits, and to facilitate cross-border transportation of these pressure receptacles. In accordance with § 171.12(a)(4), when the provisions of the HMR require the use of either a DOT specification or a UN pressure receptacle for transport of a hazardous material, a packaging authorized by Transport Canada’s TDG Regulations may be used only if it corresponds to the DOT specification or UN standard. HM–215N revised paragraph (a)(4)(iii) to include a table listing Canadian Railway Commission (CRC), Board of Transport Commissioners for Canada (BTC), Canadian Transport Commission (CTC) or Transport Canada (TC) specification cylinders, in accordance with the TDG Regulations, and in full conformance with the TDG Regulations, 10 82 FR 15796 (Mar. 30, 2017). VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 that correspond with a DOT specification cylinder. However, there are currently no TC specification cylinders corresponding to DOT specification cylinders listed in the table for DOT–8 and DOT–8AL cylinders used to transport acetylene. During the development of HM–215N, PHMSA conducted a comparative analysis of DOT and TC cylinder specifications and only those TC cylinder specifications that corresponded directly to DOT cylinder specifications were included. The result was that PHMSA did not include TC– 8WM and TC–8WAM specifications for the transport of acetylene in the table of corresponding cylinders at § 171.12(a)(4)(iii). This omission was primarily due to concerns over differing solvent authorizations, calculations, and methods of construction for the design associated with the TC–8WM and TC– 8WAM specifications. PHMSA conducted a second comparative analysis of DOT and TC cylinder specifications for transport of acetylene and concluded that the initial concerns were unwarranted. Therefore, PHMSA proposes to add TC–8WM and TC– 8WAM specifications to the table of corresponding DOT specifications in § 171.12(a)(4)(iii) as comparable cylinders to DOT–8 and DOT–8AL, respectively. PHMSA’s supplemental review indicates the differences between the TC and DOT specifications for transport of acetylene are minor and the standard for safety of transportation of acetylene in cylinders under the HMR is maintained. This proposal would allow for TC acetylene cylinders manufactured in Canada to be filled, used, and requalified (including rebuild, repair, reheat-treatment) in the United States, facilitating cross border movement of acetylene and eliminates the need for a special permit to allow transport of acetylene in these TC–8WM and TC– 8AWM cylinders while maintaining an equivalent level of safety. Additionally, this proposal would provide reciprocity to Transport Canada’s authorized use of DOT–8 and DOT–8AL cylinders for acetylene transport. 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 authorized use, under specific conditions, of pi-marked pressure receptacles that comply with the Agreement Concerning the International Carriage of Dangerous Goods by Road PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 34575 (ADR), and the EU Directive 2010/35/ EU,11 and marked with a pi (p) symbol to denote such compliance for transport of hazardous materials. PHMSA proposes to amend the language in the provisions for pi-marked pressure receptacles in paragraph (a)(3) to clarify the scope of pressure receptacles authorized by this section. Pressure receptacles is a collective term that may be used to refer to many types of pressurized containers of various sizes, such as cylinders, tubes, pressure drums, closed cryogenic receptacles, metal hydride storage systems, bundles of cylinders or salvage pressure receptacles. When PHMSA adopted the provisions for pi-marked pressure receptacles,12 we did not intend to broadly apply the scope to all pressure receptacle types. Instead, PHMSA’s intent was to apply the authorized use of pi-marked pressure receptacles domestically to only cylinders, as indicated in current paragraph (a)(3)(iii), which specifically references cylinders. Some of the pressure receptacles authorized in accordance with the ADR standard do not have an equivalent packaging authorized in the HMR, and some have large capacities, both of which give pause to PHMSA with respect to the hazardous materials authorized in these packagings. Therefore, PHMSA proposes to replace the words ‘‘pressure receptacles’’ in paragraph (a)(3) with ‘‘cylinders with a water capacity not exceeding 150 L,’’ as defined in § 171.8, to specify the scope of pi-marked pressure receptacles authorized under § 171.23. PHMSA expects that this amendment will improve safety by providing additional clarity with regard to the scope of authorized use of pi-marked pressure receptacles for transport of hazardous material in the United States. PHMSA is aware of growing interest in the authorization for use of other pi-marked pressure receptacles and PHMSA plans to address that issue in a future rulemaking. Section 171.25 Section 171.25 outlines additional requirements for the use of the IMDG Code in addition to those found in § 171.22 and § 171.23. As discussed above in Section IV. Amendments Not Being Considered for Adoption, specifically Issue #1, PHMSA is not proposing to adopt provisions for UN FRP portable tanks in the HMR. 11 U.N. Econ. Comm’n for Europe, Transportation Division, Agreement Concerning the Int’l Carriage of Dangerous Goods by Road, 110th Sess., ECE/ TRANS/300, U.N. Sales No. E. 21. VIII. 1 (2020). 12 85 FR 75680 (Nov. 25, 2020). E:\FR\FM\30MYP2.SGM 30MYP2 34576 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules However, to facilitate limited import and export of these tanks in international commerce, and to gain additional experience with their transport, PHMSA proposes to add a new paragraph § 171.25(c)(5) that would prohibit the general transportation of UN FRP portable tanks designed and constructed in accordance with Chapter 6.10 of the IMDG Code within the United States, yet allow for the tanks to be transported within a single port area in the United States in accordance with the provisions of § 171.25(d) covering the use of the IMDG Code in port areas. This action will maintain the safe transportation of hazardous material under the HMR while facilitating international commerce by permitting the import or export of hazardous materials in UN FRP portable tanks and limiting their use and movement within the confines of a single port area. B. Part 172 ddrumheller on DSK120RN23PROD with PROPOSALS2 Section 172.101 Hazardous Materials Table (HMT) The HMT summarizes terms and conditions governing transportation of listed hazardous materials under the HMR. For each entry, the HMT identifies information such as the PSN, 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 several changes to the HMT as discussed below. 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 PSNs, appear as a ‘‘remove’’ and ‘‘add.’’ Proposed amendments to the HMT include the following: New HMT Entry PHMSA proposes to add new entry, ‘‘UN3550, Cobalt dihydroxide powder, containing not less than 10% respirable particles, Division 6.1, PG I’’ to the HMT. Cobalt is a key strategic mineral used in various advanced medical and technical applications around the world, and it is essential to keep the global supply chains for this material open. This material has a 40-year history of safe global transport as ‘‘UN3077, Environmentally hazardous substance, solid, n.o.s., Class 9’’ in different forms, including as crude material directly from mines, high moisture content paste, and very fine VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 refined powders in flexible IBCs rated for PG III. However, recent testing required for compliance with the REACH Regulation in the European Union, and subsequent evaluation against the hazard classification criteria of the EU Classification, Labelling, and Packaging (CLP) Regulation resulted in a classification of Acute toxicity by inhalation Category 1, which is equivalent to the Division 6.1 hazard classification. As a result of this testing, it was determined that when this material is in fine powder form, it must no longer be transported as Class 9 miscellaneous hazard material. In powder form, cobalt dihydroxide powder must now be classified as a Division 6.1 toxic-by-inhalation solid material, for which a unique UN identification number and associated classification, hazard communication, and packing instructions does not currently exist in the HMT. This change in classification led to the development of the new UN identification number UN3550 and associated transportation requirements by the UNSCOE. To that end, the UNSCOE developed appropriate packaging provisions, including a special packaging condition, which permits the continued use of certain flexible IBCs. PHMSA notes that other forms of cobalt dihydroxide powder may continue to be classified and described as ‘‘UN3077, Environmentally hazardous, solid, n.o.s., 9, PG III.’’ Specifically, the UNSCOE addressed shipper concerns that flexible IBCs are not otherwise permitted for transport of Division 6.1 toxic solids, yet there is a 40-year record of safe transport of the refined material as UN3077 material in flexible IBCs, with no recorded accidents, incidents, or health issues. PHMSA proposes to also add a corresponding special provision (IP22) to indicate that the use of certain flexible IBCs is permitted for UN3550, which is discussed further in § 172.102 of this Section-by-Section Review). The other packaging provisions for this cobalt dihydroxide powder are consistent with those for other Division 6.1 solid materials assigned PG I, such as ‘‘UN3467, Organometallic compound, solid, toxic, n.o.s.’’ An entry for UN3550 was also added in the 2023–2024 ICAO Technical Instructions and aligns with the proposed packaging requirements in this NPRM. PHMSA agrees with the UN provision to allow for the continued transport of this hazardous material in flexible IBCs, or in accordance with other special provisions and packaging requirements outlined in Part 173. The addition of this new HMT entry will PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 maintain the HMR’s safety standard for transportation of Division 6.1 solid materials. HMT Corrections PHMSA proposes to make corrections to multiple HMT entries that were inadvertently modified in previous rulemakings. Specifically, for the PGII and PGIII entries for ‘‘UN3129, Waterreactive liquid, corrosive, n.o.s’’ and ‘‘UN3148, Water-reactive liquid, n.o.s’’, the references to exceptions in § 173.151 in Column 8A were removed and replaced with the word ‘‘None’’. While there are no exceptions these materials when assigned to PGI, PHMSA did not intend to remove the exceptions for PGII and III materials. Additionally, for the PGIII entry for ‘‘UN3148, Water-reactive liquid, n.o.s’’, the ‘‘G’’ in Column 1, which indicates that a technical name must be provided in association with the proper shipping name, was also inadvertently deleted. PHMSA expects that making these editorial corrections will prevent frustrations in shipping due to the inadvertent removal of the reference to authorized shipping exceptions and confusion regarding the required shipping description. PHMSA also proposes a correction to the entry ‘‘UN0512, Detonators, electronic programmable for blasting’’. In HM– 215P, PHMSA added three new entries for electronic detonators to distinguish them from electric detonators, which have different functioning characteristics but similar regulatory provisions for their transport. PHMSA incorrectly assigned an obsolete special provision, Special Provision 103, which was removed from the HMR by final rule HM–219C.13 UN0512 is comparable to the entry UN0255 and therefore should reflect the same special provision, Special Provision 148. Therefore, PHMSA proposes to remove the reference to Special Provision 103 in Column 7 for UN0512 and replace it with Special Provision 148 consistent with the entry of UN0255. PHMSA expects that this correction will remove confusion surrounding additional provisions for these detonators. Lastly, PHMSA proposes a correction to the proper shipping name for UN3380, which should read ‘‘Desensitized explosive, solid, n.o.s.’’. In the previous HM–215 rulemaking, the word ‘‘explosive’’ was inadvertently made plural. This spelling is in conflict with a similar material on the HMT, ‘‘UN3379. Desensitized explosive, liquid, n.o.s.’’ and international regulations. Therefore, PHMSA expects that this correction will remove 13 85 E:\FR\FM\30MYP2.SGM FR 75680 (November 25, 2020). 30MYP2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 confusion surrounding the proper shipping name for these materials. Lastly, PHMSA proposes to make a correction to the HMT entry for ‘‘UN1791, Hypochlorite Solutions’’. In HM–215O, PHMSA added stowage codes 53 and 58—which require stowage ‘‘separated from alkaline compounds’’ and ‘‘separated from cyanides,’’ respectively—to Column 10B of the HMT for several hazardous materials for consistency with changes included in Amendment 39–18 of the IMDG Code. These stowage codes were intended to be applied to several HMT entries to ensure proper segregation between acids and both amines and cyanides but should not have included UN1791. Therefore, PHMSA proposes to remove stowage codes 53 and 58 from Column 10B for this entry. PHMSA expects that this correction will remove the burden faced by shippers who have had to segregate hypochlorite solutions for compliance with the HMR, which is inconsistent with the requirements of the IMDG Code. 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 PSNs. PHMSA proposes to consolidate two entries in the HMT that are currently listed under ‘‘UN1169, Extracts, aromatic, liquid’’ (PGII and PGIII) and ‘‘UN1197, Extracts, flavoring, liquid’’ (PGII and PGIII). Specifically, PHMSA proposes to remove the table entry for ‘‘UN1169, Extracts, aromatic, liquid’’ and modify the PSN associated with the table entry for UN1197 to reflect materials that have been historically transported separately under UN1169 and UN1197. The 22nd revised edition of the UN Model Regulations made these same changes, deleting UN1169 from the Dangerous Goods List and changing the PSN for UN1197 to ‘‘Extracts, liquid, for flavor or aroma’’ to remove confusion associated with selection of the appropriate PSNs across the various languages of nations engaged in international shipments of the material. It became apparent that, whether for a flavor extract or aroma extract, the PSNs were often used interchangeably as there is no difference between the two with regard to classification, hazard communication, and packaging for transport. PHMSA agrees that the existence of two interchangeable UN numbers does not provide any additional value and, therefore, proposes to remove the table entry for UN1169 and modify the PSN for VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 UN1197 to read ‘‘Extracts, liquid, for flavor or aroma’’. Additionally, PHMSA proposes to amend the text of paragraph (c)(12)(ii), which outlines requirements for generic or n.o.s. descriptions. The text of this paragraph provides an example using ‘‘Extracts, flavoring, liquid.’’ Therefore, PHMSA proposes to amend the wording of that example by replacing ‘‘Extracts, flavoring, liquid’’ with ‘‘Extracts, liquid, for flavor or aroma’’ to correspond to the amended PSN for UN1197. This proposed action maintains the current level of safety for transportation of liquid extracts. Column (3) Hazard Class or Division Section 172.101(d) describes column (3) of the HMT, which designates the hazard class or division corresponding to the PSN of that entry. Consistent with changes adopted in the 22nd revised edition of the UN Model Regulations, PHMSA proposes to change the primary hazard classification for the entry ‘‘UN1891, Ethyl Bromide,’’ from a toxic liquid of Division 6.1 to a Class 3 flammable liquid. This change in classification is consistent with the change adopted in the 2023–2024 ICAO Technical Instructions as well as the UN Model Regulations and is based on new test data indicating that the flash point and boiling point of ethyl bromide has a core flammability hazard according to the Class 3 classification criteria of the ICAO Technical Instructions. More specifically, different data sources showed that its flash point of ¥20 °C (¥4 °F) and its boiling point of 38 °C (100.4 °F) meet the criteria for assignment as a Class 3 at the PG II level—the criteria of which is having a flash point <23 °C and boiling point >35 °C. Additionally, rather than classifying ethyl bromide solely as a Class 3 flammable liquid, it was determined that the Division 6.1 hazard still applies and should remain assigned as a subsidiary hazard. This is consistent with the HMR precedence of the hazard table in § 173.2a that instructs for a material that meets criteria for classification as both Class 3 and Division 6.1 (except for when a material meets the PG I poison-by-inhalation criteria), the flammability hazard takes precedence and is the primary hazard. These changes in hazard class and associated packaging requirements were adopted to ensure that the hazards of ethyl bromide are accurately communicated and appropriately packaged. PHMSA reviewed these findings and agrees that it is appropriate to classify ethyl bromide as a flammable liquid, with a subsidiary Division 6.1 hazard. Because of this change in hazard class, additional conforming changes to PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 34577 the HMT entry for ethyl bromide are required in column (6), as discussed below. Additionally, PHMSA expects that clearly identifying the flammability hazard posed by this material will improve safety by ensuring that the material is handled appropriately before and during transport. 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 a package filled with a material conforming to the associated hazard class and proper shipping name, unless the package is otherwise excepted from labeling. The first code is indicative of the primary hazard of the material. Additional label codes are indicative of subsidiary hazards. As discussed above, PHMSA proposes to modify the primary hazard class for ‘‘UN1891, Ethyl bromide’’ to Class 3. Consistent with this change, PHMSA proposes to assign Class 3 as the primary hazard label and Division 6.1 as a subsidiary hazard label. Consequently, PHMSA proposes to amend column (6) of the HMT for this entry to reflect the warning labels required for the transport of this hazardous material. PHMSA expects that this proposed change will improve safety by clearly communicating the transportation hazards of this material. 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. Special Provision 396 PHMSA proposes to add a new special provision, Special Provision 396, and assigning it to ‘‘UN3538, Articles containing non-flammable, nontoxic gas, n.o.s.’’ For additional information, see § 172.102 of the Section-by-Section Review. Special Provision 398 PHMSA proposes to assign a newly added special provision, Special Provision 398, which pertains to the potential classification of butylene and butylene mixtures as UN1012. This special provision clarifies that butylene mixtures and certain butylene isomers may be assigned to UN1012, while specifically excluding isobutylene from this UN classification. For additional E:\FR\FM\30MYP2.SGM 30MYP2 34578 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules information, see § 172.102 of the Section-by-Section Review. ddrumheller on DSK120RN23PROD with PROPOSALS2 Special Provisions A4 and A5 PHMSA proposes to assign Special Provision A4 to the entry ‘‘UN2922, Corrosive liquid, toxic, n.o.s.’’ and Special Provision A5 to the entry ‘‘UN2923, Corrosive solid, toxic, n.o.s.’’. Special Provisions A4 and A5 address liquids and solids in PG I that also pose an inhalation toxicity hazard by limiting or prohibiting their transportation on aircraft. In principle, all liquids or solids that have an inhalation toxicity hazard, and assigned PG I, should be subject to one of the two special provisions, as appropriate. However, UN2922 and UN2923 are assigned Class 8 as the primary hazard and Division 6.1 as a subsidiary hazard because of classification guidelines which require hazardous materials that meet the criteria of Class 8 and that have an inhalation toxicity of dusts and mists (LC50) in the range of PG I, but toxicity through oral ingestion or dermal contact only in the range of PG III or less, must be assigned to Class 8 as the primary hazard rather than Division 6.1. In reviewing these provisions, the ICAO Dangerous Goods Panel (DGP) determined that additional restrictions should be implemented for these hazardous materials as the corrosive classification assigned to UN2922 and UN2923 does not negate the inhalation toxicity hazard. Because of the inhalation hazard posed by these materials, the 2023–2024 ICAO Technical Instructions included an amendment to impose quantity limits for transportation of these materials by air. PHMSA agrees with this determination and therefore proposes to assign Special Provision A4 to UN2922, which prohibits it from transport on passenger and cargo aircraft. PHMSA also proposes to assign Special Provision A5 to UN2923, which prohibits this material on passenger aircraft and limits the amount that may be transported on cargo aircraft. PHMSA expects that correcting this conflict will improve safety by prohibiting corrosive materials that also pose inhalation hazards on passenger aircraft and limiting their transport on cargo aircraft. Special Provisions A224 and A225 PHMSA proposes to add two new air special provisions, A224 and A225, and assign them to HMT entries ‘‘UN3548, Articles containing miscellaneous dangerous goods, n.o.s.’’ and ‘‘UN3538, Articles containing non-flammable, nontoxic gas, n.o.s.,’’ respectively. These special provisions would allow for transport on both passenger aircraft and VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 cargo aircraft under certain conditions. For additional information, see 172.102 of the Section-by-Section Review. Also, see § 172.102 of the Section-By-Section Review below for a detailed discussion of the special provision amendments addressed in this NPRM. Column (8) Packaging Section 172.101(i) explains the purpose of column (8) in the HMT. Columns (8A), (8B), and (8C) specify the applicable sections for exceptions, nonbulk packaging requirements, and bulk packaging requirements, respectively. Columns (8A), (8B), and (8C) are completed in a manner which indicates that ‘‘§ 173.’’ precedes the designated numerical entry. Column (8A) contains exceptions from some of the requirements of this subchapter. The referenced exceptions are in addition to those specified in subpart A of part 173 and elsewhere in subchapter C. The word ‘‘None’’ in this column means no packaging exceptions are authorized, except as may be provided by special provisions in column (7). For example, the entry ‘‘151’’ in column (8A), associated with the proper shipping name ‘‘Nitrocellulose with water,’’ indicates that, for this material, packaging exceptions are provided in § 173.151 of this subchapter. PHMSA proposes to remove references to § 173.151, which provide exceptions for Class 4 hazardous materials, in column (8A), and add the word ‘‘None’’ for three solid desensitized explosive entries: ‘‘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’’; and ‘‘UN2557, Nitrocellulose, with not more than 12.6 percent nitrogen, by dry mass mixture with or without plasticizer, with or without pigment.’’ These changes would remove the applicability of the limited quantity exceptions for these hazardous materials to correct an inconsistency regarding solid desensitized explosives. Consistent with the UN Model Regulations, PHMSA has not authorized limited quantity packaging exceptions for 30 other solid desensitized explosives.14 Solid desensitized 14 UN1310, UN1320, UN1321, UN1322, UN1336, UN1337, UN1344, UN1347, UN1348, UN1349, UN1354, UN1355, UN1356, UN1357, UN1517, UN1571, UN2555, UN2556, UN2557, UN2852, UN2907, UN3317, UN3319, UN3344, UN3364, UN3365, UN3366, UN3367, UN3368, UN3369, UN3370, UN3376, UN3380, and UN3474.UN1517, UN1571, UN2555, UN2556, UN2557, UN2852, UN2907, UN3317, UN3319, UN3344, UN3364, PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 explosives are explosive substances which are wetted with water or alcohols or are diluted with other substances to form a homogeneous solid mixture to suppress their explosive properties. Like PG I materials, solid desensitized explosives in PG II are specifically prohibited from transport under the limited quantity provisions in the UN Model Regulations. However, this inconsistency was identified with respect to air transport by the ICAO DGP (Dangerous Goods Panel), resulting in a similar amendment in the 2023–2024 ICAO Technical Instructions. In this NPRM, PHMSA also proposes related editorial amendments in § 173.27, general requirements for transportation by aircraft (see additional discussion in § 173.27 of Section-by-Section Review). PHMSA expects that correcting this oversight to require that these nitrocellulose mixtures be transported in accordance with all requirements of the HMR, rather than permitting the use of the limited quantity exceptions in § 173.151, will not only add an additional level of safety, but that it will also facilitate the transport of these materials by streamlining packaging and hazard communication requirements to be consistent with requirements for similar materials and with international regulations. 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. Consistent with changes adopted in the 2023–2024 edition of the ICAO Technical Instructions, PHMSA proposes to amend the quantity limitations for UN 1891, Ethyl bromide, when transported by passenger aircraft. Previously, the maximum net quantity per package for passenger aircraft was 5 L on the Dangerous Goods List of the ICAO Technical Instructions; this same quantity limit is currently in place for passenger aircraft, as indicated in column (9A) of the HMT. As a result of the reclassification of UN1891 as a Class 3 flammable liquid, the permitted quantity was reduced in the ICAO Technical Instructions to 1L per packaging. This change is in line with the quantity limits for many other Class 3 materials. PHMSA proposes to make a corresponding change for passenger UN3365, UN3366, UN3367, UN3368, UN3369, UN3370, UN3376, UN3380, and UN3474. E:\FR\FM\30MYP2.SGM 30MYP2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules aircraft limits in column (9A). With regard to cargo aircraft, no changes to the 60 L maximum net quantity were made in the ICAO Technical Instructions, as that limit is the same for Class 3 and Division 6.1 materials. PHMSA expects that this change will provide an additional level of safety commensurate to the newly recognized flammability hazard posed by this material. PHMSA also proposes to modify the packaging limits aboard cargo aircraft for three battery entries: ‘‘UN2794, Batteries, wet, filled with acid, electric storage’’; ‘‘UN2795, Batteries, wet, filled with alkali, electric storage’’; and ‘‘UN3292, Batteries, containing sodium.’’ Specifically, these changes would limit the quantity per packaging to 400 kg, as there is currently no limit for these items. Typically, these articles must be packed in UN specification packagings, and 400 kg is the maximum quantity permitted in such packagings. These proposed changes are consistent with changes made in the 2023–2024 ICAO Technical Instructions, which were made as a correction to an inconsistency between the ICAO Technical Instructions and the UN Model Regulations. Therefore, in column (9B) of the HMT, the words ‘‘no limit’’ will be replaced by 400 kg. PHMSA expects that this change will streamline packaging requirements by providing packaging limits for similar items in similar packagings, consistent with analogous international regulations. This streamlining will also increase safety by increasing clarity on the packaging limits for these similar items. ddrumheller on DSK120RN23PROD with PROPOSALS2 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 78 Special Provision 78 currently states that ‘‘UN1002, Air, compressed’’ may not be used to describe compressed air which contains more than 23.5% oxygen. It also stipulates that compressed air containing more than 23.5% oxygen must be shipped using the description ‘‘UN3156, Compressed gas, oxidizing, n.o.s.’’ which has a Class 5 subsidiary hazard classification. PHMSA proposes to amend Special VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 Provision 78, in order to provide additional clarity with regard to the permitted use of the proper shipping description UN1002. In an effort to address specific mixtures of nitrogen and oxygen that are commercially called ‘‘synthetic air,’’ the 22nd revised edition of the UN Model Regulations includes a new special provision that was intended to clarify that ‘‘synthetic air’’ may be transported under UN1002, provided that it does not contain more than 23.5% oxygen. ‘‘Synthetic air’’ is typically a mixture containing up to 23.5% oxygen with the balance being nitrogen. This mixture is used in a variety of applications, including medical and non-medical, and may be used when ambient air is not sufficient due to the presence of contaminants. This new special provision specifies that mixtures of nitrogen and oxygen containing not less than 19.5% and not more than 23.5% oxygen by volume may be transported under UN1002 when no other oxidizing gases are present. It also states that a Division 5.1 subsidiary hazard label is not required for any concentrations within this limit. While this language is not drastically different than the current language in the HMR, PHMSA expects that rewording Special Provision 78 to include the 19.5% lower bound for oxygen and the note regarding the use of the Division 5.1 subsidiary hazard label will improve safety by providing clearer and more useful instructions for shippers of compressed synthetic or ambient air. Special Provision 156 PHMSA proposes to amend Special Provision 156 to require that, when transported by air, a shipping paper, such as an air waybill accompanying the shipment must indicate that the package containing asbestos is not restricted for shipment. Currently, this special provision excepts asbestos from the requirements of 49 CFR Subchapter C when it is immersed or fixed in a natural or artificial binder—such as cement, plastics, asphalt, resins, or mineral ore—in such a way that no escape of hazardous quantities of respirable asbestos fibers can occur. It was noted that confusion over whether a shipment was or was not excepted from the regulations had led to delays and frustrated shipments. The 2023– 2024 ICAO Technical Instructions amended a similar special provision to assist in providing evidence of compliance with its requirements. PHMSA’s proposed amendment to Special Provision 156 would require that, when transported by air, packages or shipping documentation be marked PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 34579 to indicate that the package containing asbestos is not restricted for shipment. PHMSA expects that this requirement will facilitate the safe shipment of asbestos by preventing them from being mistaken as fully regulated hazardous materials. Special Provision 387 Special Provision 387 provides shippers of polymerizing substances with information regarding stabilization requirements for their shipments. As discussed below, in an earlier rulemaking, PHMSA placed sunset dates on the HMR provisions concerning transport provisions for polymerizing substances to allow time for the completion of research on various topics concerning their transport and to gather and review empirical evidence concerning the appropriate transport provisions for polymerizing substances. In line with other amendments proposed in this NPRM for the transport of polymerizing substances, PHMSA is proposing to amend Special Provision 387 to remove the sunset date of January 2, 2023. The result of this proposed amendment is that the existing stabilization requirements noted in this special provision remain and the sunset date is removed. See 173.21 of the Section-bySection Review for the full discussion of changes pertaining to polymerizing substances. Special Provision 396 PHMSA proposes to add a new special provision, Special Provision 396, and assign it to ‘‘UN3538, Articles containing non-flammable, non-toxic gas, n.o.s,’’ to authorize the transport of large and robust articles (e.g., transformers) that include cylinders containing UN1066 ‘‘Nitrogen’’; UN1956 ‘‘Compressed gas N.O.S.’’; or UN1002 ‘‘Air, compressed’’ with the valves open to allow low quantities of gas to be constantly supplied through a pressure regulator from a gas cylinder connected to the transformer. Similar provisions were added in the 22nd revised edition of the UN Model Regulations and Amendment 41–22 of the IMDG Code to address shipments of transformers, which are typically pressurized with nitrogen or with air but are not gas tight. Prior to 2020, transformers were transported as ‘‘UN 3363, Dangerous Goods in Machinery/Apparatus’’; however, the packing provisions for UN3363 imposed quantity limits requiring multiple approvals from competent authorities as specified in Special Provision 136 in the HMR (SP 301 in the UN Model Regulations). Following more recent amendments to E:\FR\FM\30MYP2.SGM 30MYP2 34580 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 the UN Model Regulations, these transformers were eligible for transport under UN 3538, the provisions which allow these transformers to be transported unpackaged, do not explicitly require the transformer to be gas-tight, but instead require the valves to be closed during transport. To obviate the need for an approval each time such transformers are transported, a new special provision was added to the 22nd revised edition of UN Model Regulations because these transformers only emit small quantities of nitrogen or synthetic air, which are neither flammable, toxic, corrosive, nor oxidizing. PHMSA proposes several safety controls in shipments of this type that are largely consistent with the provisions adopted in the UN Model Regulations and the IMDG Code. These proposed controls include requiring that cylinders be connected to the article through pressure regulators and have fixed piping to keep the pressure below 35 kPa (0.35) bar; the cylinders must be secured to prevent shifting; the cylinders and other components must be protected from damage and impacts during transport; the shipping paper must include a reference to shipping under this special provision; and if placed inside a cargo transport unit (CTU), the CTU must be well ventilated. PHMSA notes that these international regulations require marking the CTU with the asphyxiation warning mark for CTUs. The HMR has not adopted this mark and is not proposing to do so at this time. PHMSA is not proposing this mark because it views the additional controls, specifically, the indication on the shipping paper, as well as other operational controls noted in the proposed special provision, as providing sufficient warning to those in the transport chain of the dangers present and mitigation of potential hazards. PHMSA expects that the addition of this special provision will facilitate the transport of this specialized machinery without imposing excessive manufacturing requirements to ensure gas tightness to prevent the release of relatively innocuous gases during transport. Special Provision 398 PHMSA proposes to add Special Provision 398, pertaining to the classification of hazardous materials under UN1012, Butylene. This new special provision would clarify that butylene mixtures and certain butylene isomers may be assigned to UN1012, while specifically excluding UN1055, Isobutylene from this UN classification. Butylene, also known as butene, includes four different isomers, VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 corresponding to one general chemical formula, C4H8. One of these isomers is isobutylene, which, while similar to the other three isomers, has been assigned a separate UN number, UN1055, which has its own set of packaging provisions. To avoid ‘‘UN1055, Isobutylene’’ being classified and transported under UN1012, this amendment would facilitate consistent and proper classification of this group of hazardous materials. This clarification for UN1012, Butylene, was added in the 22nd revised edition of the UN Model Regulations for consistency with European regulations, which made similar changes to avoid ‘‘UN1055, Isobutylene’’ being classified and transported under UN1012. PHMSA proposes to add this clarifying special provision with the expectation that it will facilitate consistent and proper classification of this group of hazardous materials. Special Provision 421 Special Provision 421 is assigned to the four polymerizing substance entries in the HMT. Currently this special provision notes that these entries will no longer be effective on January 2, 2023, unless extended or terminated prior to this date. As discussed in the ‘‘Executive Summary’’ section of this rulemaking, PHMSA had placed sunset dates on the HMR provisions concerning transport provisions for polymerizing substances to allow time for the completion of research on various topics concerning their transport and to gather and review empirical evidence concerning the appropriate transport provisions for polymerizing substances. As we have completed this review, we are proposing to delete Special Provision 421 and to maintain the existing polymerizing substance HMT entries. Special Provision 441 PHMSA proposes to add a new Special Provision 441, assigning it to ‘‘UN1045, Fluorine, compressed.’’ This new special provision would specifically address gas mixtures containing fluorine and inert gases in UN pressure receptacles in accordance with changes adopted in the 22nd revised edition of the UN Model Regulations. Specifically, this change would provide latitude with regard to the maximum allowable working pressure when fluorine is a part of a mixture, which contains less reactive gases, such as nitrogen, when the mixture is transported in UN pressure receptacles. As a strongly oxidizing gas, pure fluorine requires specific safety measures because it reacts PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 spontaneously with many organic materials and metals. Additionally, because of its reactive properties, the UN Model Regulations limit the maximum allowable working pressure for pure fluorine in cylinders to 30 bar and a minimum test pressure of 200 bar is also required. However, prior to changes adopted in the 22nd revised edition of the UN Model Regulations, there was no guidance on the maximum allowable working pressure and minimum test pressure for mixtures of gases which contain fluorine. Commercially, these mixtures are often placed on the market and used in concentrations, which may include as little as one percent fluorine combined with noble gases, or ten to twenty percent fluorine mixed with nitrogen. Due to the lack of specific provisions addressing fluorine gas mixtures, such mixtures containing relatively inconsequential amounts of fluorine were subject to the same requirements (restrictive maximum allowable working pressures) as pure fluorine. Given that fluorine, in a mixture with inert gases or nitrogen, is less reactive towards materials than pure fluorine, the UNSCOE determined that gas mixtures containing less than 35% fluorine by volume should no longer be treated like pure fluorine and may use a higher maximum allowable working pressure. The new packing provision added in the 22nd revised edition of the UN Model Regulations allows for pressure receptacles containing mixtures of fluorine and inert gases (including nitrogen) to have higher working pressures by allowing for consideration of the partial pressures exerted by the other constituents in the mixture, rather than limiting the pressure in the receptacle based on fluorine alone. Specifically, the provision permits mixtures of fluorine and nitrogen with a fluorine concentration below 35% by volume to be filled in pressure receptacles up to a maximum allowable working pressure for which the partial pressure of fluorine does not exceed 31 bar absolute. Additionally, for mixtures of true inert gases and fluorine, where the concentration of fluorine is below 35% by volume, pressure receptacles may be filled up to a maximum allowable working pressure for which the partial pressure of fluorine does not exceed 31 bar absolute, provided that when calculating the partial pressure, the coefficient of nitrogen equivalency is determined and accounted for in accordance with ISO 10156:2017. Finally, the newly added provision for these two types of gas mixtures limits the working pressure to 200 bar or less E:\FR\FM\30MYP2.SGM 30MYP2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules and requires that the minimum test pressure of pressure receptacles for these mixtures equals 1.5 times the working pressure or 200 bar, with the greater value to be applied. While PHMSA is not adding similar provisions for this type of mixture in DOT specification cylinders in this rulemaking, PHMSA has evaluated the rationale and the methods for determining the pressure limits in UN pressure receptacles and finds that they provide an equivalent level of safety. For this reason, PHMSA proposes to adopt the packing instruction as drafted in the UN Model Regulations as a new special provision for UN1045. ddrumheller on DSK120RN23PROD with PROPOSALS2 Special Provision A54 Special Provision A54 specifies that, irrespective of the quantity limits in column (9B) of the § 172.101 table, a lithium battery, including a lithium battery packed with, or contained in, equipment that otherwise meets the applicable requirements of § 173.185, may have a mass exceeding 35 kg, if approved by the Associate Administrator prior to shipment. PHMSA proposes to amend this special provision to require that, when this special provision is used, the special provision number must be indicated on the shipping paper. PHMSA expects that this amendment will enhance safety by improving the communication of potential hazards, as without such indication, the need for shipment acceptance staff to check and ensure a copy of the approval accompanying the shipment can potentially be missed. Special Provisions A224 and A225 The 2023–2024 ICAO Technical Instructions added two new special provisions permitting the transport of articles containing hazardous materials aboard passenger and cargo aircraft. Currently these articles are forbidden from transport on passenger and cargo aircraft, as specified in column (9) of the HMT. However, the ICAO DGP developed these packaging provisions, which include provisions that ensure appropriate gas containment during transport. The aim of these special provisions was to facilitate the transport of large articles containing environmentally hazardous substances (such as aircraft landing gear struts filled with hydraulic fluid) and large articles containing a non-flammable, non-toxic gas (such as new types of magnetic resonance imaging (MRI) scanners which often contain compressed helium as well as lithium cells or batteries). These amendments were adopted in the 2022–2023 ICAO Technical Instructions and PHMSA VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 proposes to mirror these provisions by adding two new air-specific special provisions, A224 and A225, and assigning them to HMT entries ‘‘UN3548, Articles containing miscellaneous dangerous goods, n.o.s.’’ and ‘‘UN 3538, Articles containing nonflammable, non-toxic gas, n.o.s.’’ respectively. These special provisions would allow for the transport of large articles containing a non-flammable, non-toxic gas or environmentally hazardous substances on both passenger aircraft and cargo aircraft only under certain conditions. Specifically, under Special Provision A224, ‘‘UN3548, Articles containing miscellaneous dangerous goods, n.o.s.’’ would be permitted on passenger and cargo aircraft, provided that the only dangerous goods in the article are environmentally hazardous substances with or without lithium cells or batteries that comply with § 173.185(c). Similarly, under Special Provision A225, ‘‘UN3538, Articles containing non-flammable, non-toxic gas, n.o.s.’’ would be permitted aboard passenger and cargo aircraft, provided that the article contains only a Division 2.2 gas that does not have a subsidiary hazard but excluding refrigerated liquefied gases and other gases forbidden for transport on passenger aircraft with or without lithium cells or batteries that comply with § 173.185(c). In addition to containing only the permitted hazardous materials, the special provision would also require that shippers comply with additional packaging requirements, specified in § 173.232, and that the special provision be indicated on shipping documentation. The ICAO DGP agreed that these provisions were appropriate given that environmentally hazardous substances pose a very low hazard in air and that non-flammable, non-toxic gases without subsidiary hazard are already allowed on both passenger and cargo aircraft as well as certain other articles containing similar gases. PHMSA agrees and expects that, in addition to aligning the HMR with recent changes added to the 2023–2024 ICAO Technical Instructions, the addition of these provisions will facilitate the transport of these materials by air while maintaining the current level of safety for air transport of certain hazardous materials. IP Codes IP Codes are special provisions that are assigned to specific commodities, applicable when that commodity is transported in IBCs. Table 2 in § 172.102 specifies the requirements corresponding to the IP Code indicated PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 34581 in column (7) of the HMT. In this NPRM, PHMSA proposes to amend the text of IP15 and to add a new IP Code, IP22. IP15 PHMSA proposes to amend the text of IP15 to clarify language pertaining to the authorized period of use of composite IBCs. Currently, IP15 states that for IBCs containing UN2031 with more than 55% nitric acid, rigid plastic IBCs and composite IBCs that have a rigid plastic inner receptacle are authorized for two years from the date of IBC manufacture. A change to a corresponding special provision was adopted in the 22nd revised edition of the UN Model Regulations to make clear that the authorized two-year period of use specifically refers to the duration of use of the inner receptacle of composite IBCs and not to the outer framework. The intent of this requirement is to limit the inner receptacle for composite IBCs to the two-year period of use when used for this specific corrosive material, rather than requiring that the outer framework be inspected as often. The entire composite IBC remains subject to the five-year inspection interval, prescribed in § 180.352. This change in the UN Model Regulations was in response to mistranslations of the UN Model Regulations, which led to inconsistent maintenance of composite IBCs. While PHMSA is not aware of any issues surrounding the language in IP15, PHMSA expects that making this editorial change will ensure that international users are not confused by the text of the HMR, and this clarification will enhance safe transport of hazardous materials in such IBCs. IP22 As discussed earlier, PHMSA proposes to add a new IP code, IP22, for the new entry ‘‘UN 3550, Cobalt dihydroxide powder, containing not less than 10% respirable particles.’’ This special provision would authorize the transport of Cobalt dihydroxide powder, a Division 6.1 solid, in flexible IBCs that are equipped with siftproof liners that would prevent any egress of dust during transport. This hazardous material was recently classified as a solid with a toxic-by-inhalation hazard. Prior to this Division 6.1 classification, cobalt dihydroxide had been transported as ‘‘UN3077, Environmentally hazardous substance, solid, n.o.s., Class 9’’ in unlined flexible IBCs. However, this reclassification posed a problem for shippers because flexible IBCs are not authorized for Division 6.1 toxic solids. In response to the recent EU GHS changes, many shippers stopped using E:\FR\FM\30MYP2.SGM 30MYP2 34582 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules unlined flexible IBCs and began using lined 13H3 or 13H4 flexible IBCs to prevent the release of dust.15 Additionally, the industry also developed a new design type flexible IBC with an improved liner to prevent egress of dust. This new design type 13H3 flexible IBC has been tested and approved to PG I by international competent authorities. Consequently, to address the packaging problem shippers faced as a result of new classification criteria, the UNSCOE created a special provision that would allow this material to be transported in lined siftproof packagings. This decision was based on the forty-year record of safe transport in this material in PG III packagings, as well as the additional level of siftproofness provided by the new design track record of the new siftproof packagings. PHMSA agrees with the UNSCOE’s determination that siftproof flexible IBCs are appropriate packagings for this material and expects that this special provision will avoid unnecessary disruptions in the transport of this essential raw material while still ensuring safe transport of this material. The lack of a UN entry for this specific combination of physical and hazardous attributes—solid and toxic-byinhalation—led to the development of this new UN entry by the UNSCOE. More specifically, UN3550 was created for cobalt dihydroxide to resolve the packaging and transport problem faced by shippers because of the new Division 6.1 classification. Consequently, based on the record of safe transport by multimodal means in flexible IBCs, with no recorded accidents, incidents, or health issues as UN3077, the UNSCOE’s resolution of this packaging conflict was to develop a new UN number, assigning appropriate packing provisions and creating a special packaging condition which permits the use of flexible IBCs. C. Part 173 ddrumheller on DSK120RN23PROD with PROPOSALS2 Section 173.4b Section 173.4b specifies the hazard criteria and packaging requirements to qualify for the de minimis exception— i.e., exceptions from certain HMR requirements for very minor amounts of hazardous material. For non-infectious biological specimens that contain minor amounts of preservatives that are a hazardous material, PHMSA proposes to add a reference to formaldehyde solution in paragraphs (b)(1)(i) and (b)(1)(ii) to clarify that the conditions for packing of the specimens applies to formaldehyde solution too. Currently, 15 https://unece.org/DAM/trans/doc/2019/ dgac10c3/UN-SCETDG-56-INF19e.pdf. VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 paragraph (b) excepts non-infectious biological specimens, such as those of mammals, birds, amphibians, reptiles, fish, insects, and other invertebrates, containing small quantities of chemical preservatives like ethanol or formaldehyde solution from the HMR, provided certain conditions are met. For example, paragraph (b)(1) provides instruction for when alcohol or an alcohol solution is used, such as when a specimen is placed in a plastic bag, that any free liquid in the bag must not exceed 30 mL. The ICAO Technical Instructions include a similar instruction, yet during a review of the ICAO Technical Instructions, the ICAO DGP noted that the exception does not address when formaldehyde solutions are used as preservatives for specimens; thus, there was no specified limit on the amount of free liquid formaldehyde solution that may be in a packaging. Consequently, the 2023–2024 ICAO Technical Instructions include an amendment to the de minimis provisions to specify limits for formaldehyde solutions. PHMSA agrees with this clarifying amendment and expects that adopting a similar change will enhance safety by removing uncertainty about whether the quantity limits also apply formaldehyde solutions. Section 173.21 Section 173.21 describes situations in which offering for transport or transportation of certain materials or packages is forbidden. Examples of such forbidden shipments include materials designated as ‘‘Forbidden’’ in Column (3) of the HMT; electrical devices that are likely to generate sparks and/or a dangerous amount of heat; and materials that are likely to decompose or polymerize and generate dangerous quantities of heat or gas during decomposition or polymerization. This last group of materials is addressed in paragraph (f) of this section, which outlines the conditions under which materials which are likely to decompose or polymerize unless stabilized or inhibited in some manner (e.g., with temperature controls or chemical stabilization) are authorized for transport. PHMSA proposes to lower the temperature threshold at which transport of certain materials in portable tanks require temperature control. Specifically, this amendment would lower this threshold temperature for a material which is likely to decompose with a self-accelerated decomposition temperature (SADT) or polymerize with a self-accelerated polymerization temperature (SAPT) from 50 °C (122 °F) PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 to 45 °C (113 °F) when transported in portable tanks. This means that if adopted, portable tanks containing materials likely to decompose or polymerize at temperatures greater than 45 °C will not be required to be stabilized or inhibited by temperature control and otherwise be forbidden from transport. In an earlier rulemaking, HM– 215N, PHMSA gave notice that at that time, it would not adopt reductions in temperature thresholds for shipments in portable tanks and maintained a 50 °C (122 °F) threshold for requiring temperature control to allow for additional time to conduct research on the impacts of such a change and to allow additional time to fully consider the issue. However, PHMSA-sponsored research, which was completed in February 2021 by APT Research, Inc. (APT),16 has informed our proposals in this NPRM. That research aimed to gather more information concerning temperature control of polymerizing substances in portable tanks and testing requirements for these substances intended to be transported in portable tanks or intermediate bulk containers (IBCs), as these two areas of safety controls in the HMR differed from those adopted in the international consensus standards and regulations. The report following research conducted by APT noted that ‘‘relaxing the temperature control requirements as proposed by HM–215N is assessed to be an appropriate approach since it will harmonize U.S. regulations with international requirements and no additional hazards were identified for any common polymers during transport. Polymers in industry with SAPTs approaching 45 °C or 50 °C were found to be uncommon.’’ PHMSA agrees with this assessment and is proposing to lower this temperature threshold at which temperature control is required for portable tanks containing a material which is likely to decompose with a SADT or polymerize with a SAPT from 50 °C (122 °F) or less to 45 °C (113 °F) or less. Although the APT research focused on polymerizing materials, PHMSA believes decomposing materials to behave similarly and has opted to apply the changed to both material types. PHMSA believes this proposed amendment will help facilitate international transportation of these goods and while maintaining the high standard of safety in the HMR for transportation of decomposing and polymerizing materials. To that end, PHMSA also proposes to amend the table in paragraph (f)(1) to accommodate 16 Report can be accessed in Docket No. PHMSA– 2021–0092 on www.regulations.gov. E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules the specific temperature controls applicable to decomposing and polymerizing substances transported in portable tanks. This proposed amendment would align the HMR with temperature thresholds for substances with SADTs and SAPTs transported in portable tanks with those found in the UN Model Regulations and the IMDG Code. Further, based on this change specific to use of portable tanks, PHMSA would revise the table in paragraph (f)(1) to include packaging type as a factor in determining the criteria for control temperatures and emergency temperatures. Lastly, PHMSA proposes to amend paragraph (f) to provide a reference to the lower threshold of 45 °C (113 °F) for portable tanks and include a reference to proposed language concerning organic peroxides that require temperature control. Paragraph (f)(2) would be revised to (f)(2)(i)–(iii) to indicate general temperature control requirements for organic peroxides by type. These requirements are consistent with the UN Model Regulations and ensure that appropriate temperature control provisions are applied to organic peroxides not specifically listed in the Organic Peroxide Table in § 173.225. Additionally, to fully adopt these proposed changes, PHMSA proposes to remove the phaseout language currently found in (f)(1)(i), which states that the provisions concerning polymerizing substances in paragraph (f) will be effective until January 2, 2023. Finally, based on results of the research, PHMSA proposes to maintain the current defining criteria for polymerizing substances, in § 173.124, that a polymerizing substance must successfully pass the UN Test Series E at the ‘‘None’’ or ‘‘Low’’ level, or achieve equivalent criteria using an alternative test method with the approval of the Associate Administrator, prior to selection of an appropriate portable tank or IBC. While this rulemaking action is being completed through the final rule stage, PHMSA directs stakeholders to review the enforcement discretion notice available on the PHMSA website 17 and in this rulemaking docket for the continued movement of these materials in accordance with regulations in effect prior to January 2, 2023. Section 173.27 Section 173.27 outlines general requirements for transportation by aircraft, including requirements and 17 https://www.phmsa.dot.gov/regulatorycompliance/phmsa-guidance/phmsa-noticeenforcement-policy-regarding-international. VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 limitations for hazardous materials transported in limited quantities. Currently, the provisions for combination packagings in paragraph (f)(2) specify that materials or articles not authorized as a limited quantity for transportation by aircraft include all PG I materials; self-reactive flammable solids in Division 4.1; spontaneously combustible materials in Division 4.2; and liquids that are dangerous when wet in Division 4.3. The ICAO Technical Instructions included similar language for Division 4.1 materials by allowing non-self-reactive Division 4.1 materials assigned to PG II or PG III to be transported as limited quantities. However, the ICAO DGP identified a conflict with limited quantity provisions in the ICAO Technical Instructions and the limited quantity provisions in the UN Model Regulations pertaining to four Division 4.1 materials, assigned PG II: ‘‘UN 2555, Nitrocellulose with water with not less than 25 percent water by mass’’; ‘‘UN 2556, Nitrocellulose with alcohol with not less than 25 percent alcohol by mass, and with not more than 12.6 percent nitrogen, by dry mass’’; ‘‘UN 2557, Nitrocellulose, with not more than 12.6 percent nitrogen, by dry mass mixture with or without plasticizer, with or without pigment’’; and ‘‘UN 2907, Isosorbide dinitrate mixture with not less than 60 percent lactose, mannose, starch or calcium hydrogen phosphate.’’ Despite not being defined as self-reactive, the UN Model Regulations have never included these specific Division 4.1 flammable solid materials for transport as limited quantities. The ICAO Technical Instructions were amended for consistency with the UN Model Regulations to clearly indicate that the transport of these four PG II materials in Division 4.1 are not authorized for transportation by aircraft as limited quantities. PHMSA proposes to add language in § 173.27(f)(2)(i)(D) to explicitly include the UN identification numbers for these materials, indicating that these materials may not be transported as limited quantities by aircraft. PHMSA expects that this change will add an additional level of safety by correcting this packaging provision, which has been inconsistent with those in place for materials that pose similar hazards. Section 173.124 Section 173.124 outlines defining criteria for Divisions 4.1 (Flammable solid), 4.2 (Spontaneously combustible), and 4.3 (Dangerous when wet material). In an earlier rulemaking, PHMSA placed phaseout dates on the HMR provisions PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 34583 concerning transport provisions for polymerizing substances to allow time for the completion of research on various topics concerning their transport and to gather and review empirical evidence concerning the appropriate transport provisions for polymerizing substances. In line with other amendments proposed in this NPRM for the transport of polymerizing substances, PHMSA is proposing to remove paragraph (a)(4)(iv), which is the phaseout date of January 2, 2023. The result of this proposed amendment will be to remove the phaseout date and keep the existing requirements—as outlined in paragraph (a)(4)—effective beyond the January 2, 2023, date. Section 173.137 Section 173.137 prescribes the requirements for assigning a packing group to Class 8 (corrosive) materials. PHMSA proposes to authorize the use of an additional test method, Test No. 439, In Vitro Skin Irritation: Reconstructed Human Epidermis Test Method’’ as well as editorial changes to this section to provide clarity regarding the use of the authorized OECD Guidelines for the Testing of Chemicals. Currently, the HMR requires offerors to classify Class 8 materials and assign a packing group based on tests performed in accordance with various OECD Guidelines for the Testing of Chemicals (TG), including a skin corrosion test (in vivo) and various in vitro testing guidelines that do not involve animal testing. Data obtained from the currently authorized test guidelines is the only data acceptable for classification and assignment of a packing group. Specifically for PG I, II, or III determinations, the HMR authorize the use of OECD Guidelines for the Testing of Chemicals, Test No. 435, ‘‘In Vitro Membrane Barrier Test Method for Skin Corrosion’’ and Test No. 404, ‘‘Acute Dermal Irritation/ Corrosion’’ (an in vivo test method). The HMR also authorize the use of OECD Test No. 430 ‘‘In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test (TER)’’ and Test No. 431, ‘‘In Vitro Skin Corrosion: Reconstructed Human Epidermis (RHE) Test Method’’, however the scope of what these tests can determine is limited. For that reason, Test No. 430 is authorized for use only to determine whether a material is corrosive or not; materials that are determined to be corrosive using this test require additional testing using Test Nos. 435 or 404 or assignment to the most conservative packing group, PG I. Similarly, Test No. 431 may also be used to determine whether or not a material is corrosive, E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 34584 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules however while this can identify when a corrosive must be assigned PG I, it cannot differentiate between PG II and III materials. Consistent with the UN Model Regulations, when this method does not clearly distinguish between PG II or PG III, the HMR allow the material to be transported as PGII without further in vivo testing. Consistent with changes made to the 22nd revised edition of the UN Model Regulations, PHMSA proposes to authorize an additional TG, OECD Test No. 439, ‘‘In Vitro Skin Irritation: Reconstructed Human Epidermis Test Method’’, as an authorized test, which may be used to exclude a material from classification as a corrosive material. Test No. 439 was adopted in the UN Model Regulations because it provides another means of testing, without the use of live animals, that can easily identify materials as noncorrosive. However, while Test No. 439 may be used for the hazard identification of irritant chemicals, it is limited in that it simply allows materials to be identified as either corrosive or non-corrosive to skin. Because this test method only identifies the material as corrosive or not, the UN Model Regulations added an additional provision requiring that materials, which are tested using Test No. 439 and indicate corrosivity, must be assigned to the most conservative PG (i.e., PG I), unless additional tests are performed to provide more specific data that can be used to assign a less conservative PG. The addition of Test No. 439 as an authorized test method will provide greater flexibility for shippers to classify, package, and transport corrosive material, while maintaining the HMR safety standard for transport of corrosive materials. With regard to the editorial changes in this section, PHMSA proposes to amend the text of this section to provide clarity regarding the authorized OECD Testing of Chemicals. Additionally, PHMSA proposes to amend the last paragraph of the introductory text, which currently states that assignment to packing groups I through III must be made based on data obtained from tests conducted in accordance with OECD Guideline Number 404 or Number 435, to remove the reference to Test No. 435. Since its update in 2015, the criteria for packing group assignments in Test No. 435 are no longer the same as the criteria for Test Guideline 404. PHMSA expects that these amendments will enhance safety by providing clarity regarding the proper testing and assignment of packing groups and promote efficiency by streamlining the assignment of packing groups. VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 Section 173.167 Section 173.167 contains the packaging instructions and exceptions for ID8000 consumer commodities. The ID8000 entry was added to the HMR in final rule HM–215K,18 with the intent of aligning the HMR with the ICAO Technical Instructions for the air transportation of limited quantities of consumer commodity material. Based on inquiries from shippers and carriers, PHMSA understands that confusion exists regarding the requirements for hazard communication and ability to withstand pressure differential for packages of ID8000, consumer commodity material when moved by modes other than air. In 2012 and 2017, PHMSA issued letters of interpretation regarding the applicability and hazard communication requirements for ID8000 shipments.19 Both of these letters of interpretation recognized that ID8000 shipments are inherently ‘‘limited quantity’’ and provided the opinion that for transportation by highway, rail, and vessel, ID8000 packages could be marked with the standard marking found in § 172.315(a)(1) (i.e., without the ‘‘Y’’). In 2022, PHMSA received a petition for rulemaking, designated P– 1762,20 from the Council on the Safe Transportation of Hazardous Articles (COSTHA) relating to ID8000. In consideration of P–1762 and consistent with these letters of interpretation regarding the requirements for ID8000 shipments, PHMSA proposes to revise the requirements in § 173.167 for ID8000, consumer commodity material. The intent of this proposed revision is to clearly address requirements for all modes of transportation, while continuing to recognize that the history and intent of the ID8000, consumer commodity, entry is closely tied to the ICAO Technical Instructions and air transportation. First, PHMSA proposes editorial revisions to the title of the section and introductory language in paragraph (a). PHMSA proposes to rename the section ‘‘ID8000 consumer commodities’’ to distinguish this section from the historical ‘‘ORM–D, consumer commodity’’ HMT entry and an exception that ceased to be effective on December 31, 2020. PHMSA purposely phased out the ‘‘ORM–D, consumer commodity’’ classification and description to remove the dual system of shipping certain limited quantities 18 76 FR 3307 (Jan. 19, 2011). No. 11–0090 (May 3. 2012); Ref. No. 16– 0075 (Jan. 9, 2016). 20 https://www.regulations.gov/document/ PHMSA-2022-0007-0001. 19 Ref. PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 domestically and internationally, as it was a source of confusion. PHMSA acknowledges that there may be circumstances where persons need to transport ID8000 packages between locations—e.g., to a warehouse for consolidation, etc.—without needing or using air transportation. Therefore, PHMSA recognizes the need to not only accommodate that portion of transport but also provide assurances that any ID8000 package is appropriately prepared for air transportation, regardless of whether air transportation is actually used. PHMSA also proposes to clarify that ID8000 material is inherently a limited quantity, by adding the phrase ‘‘limited quantity’’ to the § 173.167(a) introductory text. Finally, PHMSA proposes to remove the phrase ‘‘when offered for transportation by aircraft’’ from the introductory language in paragraph (a) and to restructure the existing first sentence of the section into two separate statements. This revision is intended to clarify that the materials and quantities listed in this section may be transported by all modes and to clarify that only the materials listed in paragraph (a) are eligible to be transported as ‘‘ID8000, consumer commodity.’’ More significantly, PHMSA proposes to revise the structure of the section by moving the two requirements in the currently effective language of paragraph (b)—applicable only to air transportation—to new subparagraphs (6) and (7) of paragraph (a). This would have the effect of making all packages of ID8000 material subject to the limited quantity marking requirements of § 172.315(b) to include the ‘‘Y’’ limited quantity marking, and other markings required by part 172 subpart D, including the ID number marking and PSN. This revision would also have the effect of requiring compliance with the § 173.27(c) pressure differential requirement for transportation by all modes. The intent of this proposed revision is two-fold: 1. Provide clarity to shippers on the hazard communication and pressure differential requirements for all shipments of ID8000, consumer commodity packages. 2. Ensure that ID8000, consumer commodity packages—wherever they are in the transportation stream—meet the requirements for air transportation. As proposed, ID8000 packages would continue to be provided exceptions from shipping papers and labels when transported by highway and rail. PHMSA proposes to provide a labeling exception for ID8000 packages transported by vessel, which aligns with the labeling exception provided to E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules limited quantity packages transported by vessel. PHMSA seeks comment on this proposed revision to the hazard communication and pressure differential packaging requirements for ID8000, consumer commodity packages. In addition to the revisions to § 173.167 requested in P–1762 discussed above, COSTHA submitted petition P–1761 21 and additional requests in P–1762 that PHMSA is not proposing to adopt into the HMR. Specifically, in P–1762, COSTHA requested that PHMSA add a reference to § 173.167 in the individual sections that outline exceptions sections for Class 3, PG II and III (§ 173.150), UN3175 (§ 173.151), Division 6.1 PG III (§ 173.153), UN3077, UN3082, UN3334 and UN3335 (§ 173.155), and Class 2 non-toxic aerosols (§ 173.306). PHMSA does not propose to adopt this portion of P–1762. ID8000 is a specialized exception, designed only for a small subset of materials, and the materials are subject to stringent packaging requirements. We believe that adding a reference to § 173.167 to the exception sections listed above will create confusion for shippers by referencing an exception that most may not be able to adequately meet. All the materials and quantities authorized in § 173.167 may be transported as limited quantities by all modes. For the vast majority of hazardous material shippers who offer these materials in these small quantities, utilizing the limited quantity exception is the most appropriate and simplest option. PHMSA requests comment on this determination not to adopt this portion of P–1762. Separately, in P–1761, COSTHA petitioned PHMSA to add a reference to the limited quantity marking section (§ 172.315) to the limited quantity packaging instructions in §§ 173.150, 173.151, 173.152, 173.153, 173.154, and 173.155. PHMSA does not propose to adopt the revision proposed in P–1761. Limited quantity shipments must be marked in accordance with § 172.315 (see § 172.315(a) and (b)). This longstanding requirement is clearly written in the HMR and PHMSA does not believe that any modification of the HMR is warranted. If shippers, carriers, or other entities involved in the transportation of hazardous materials are uncertain what marking requirements apply to a limited quantity shipment, that deficiency is best remedied through the proper implementation of a training program. PHMSA requests comment on this determination not to adopt P–1761. 21 https://www.regulations.gov/document/ PHMSA-2022-0006-0001. VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 Section 173.185 Section 173.185 prescribes requirements for the transportation of lithium cells and batteries. PHMSA proposes numerous changes to this section as follows. Paragraph (a) classification revisions: Paragraph (a) provides general classification provisions, which include requirements for manufacturers and subsequent distributers of lithium cells and batteries to provide others in the supply chain a test summary of the battery, which contains information regarding the cells and batteries. PHMSA proposes to amend paragraph (a)(3) to except button cell batteries installed in equipment (including circuit boards) from these test summary requirements. This proposed amendment would give shippers of traditionally less regulated products, such as wrist watches and key fobs, an exception from the need to maintain a test summary. Currently, as provided in § 173.185(c)(2) and (c)(3), button cell batteries are excepted from the lithium battery marking requirements and the packing requirement to use a strong, rigid outer package, provided the battery is sufficiently protected by the equipment in which it is contained. For this reason, PHMSA finds that this proposed amendment maintains the safety standard for the transportation of lithium batteries consistent with the § 173.185(c) exceptions for smaller cells or batteries. Further, PHMSA proposes to make an editorial amendment by deleting the onset date of this requirement, January 1, 2022, as this date has passed, and paragraph (a)(3) now applies generally. Additionally, PHMSA proposes to add a new paragraph (a)(5) to require marking the outer casing of lithium ion batteries with the Watt-hour (Wh) rating. This is consistent with the provisions for smaller cells or batteries in § 173.185(c)(1)(i), which require that ‘‘each lithium ion battery subject to this provision must be marked with the Watt-hour rating on the outside case.’’ PHMSA added this provision to the HMR in HM–224F.22 While the requirement was added to the HMR for smaller cells or batteries (as a condition for use of an exception), no similar provision was added for other lithium ion cells and batteries (i.e., those not offered in accordance with, or eligible for, the paragraph (c) exceptions). However, upon review, PHMSA noted that the international regulations generally require the marking of the Wh rating on the outside of the casing. 22 79 PO 00000 FR 46011 (Aug. 6, 2014). Frm 00019 Fmt 4701 Sfmt 4702 34585 Specifically, this is required in accordance with Special Provision 348 of the UN Model Regulations, Special Provision 188 of the IMDG Code, Section IA.2 of Packing Instruction 965 (for UN3480), and Section I.2 of Packing Instruction 966 (for UN3481) and 967 (for UN3481) of the ICAO Technical Instructions. PHMSA expects that this amendment will improve safety as the marking of the Wh rating on the outer casing of a lithium ion cell or battery assists a shipper in better understanding the energy capacity of the cell or battery, and thus, ensures compliance with hazard communication and packing provisions associated with Wh limitations. Paragraph (b) packaging revisions: Section 173.185(b)(3) contains packaging provisions for lithium cells or batteries packed with equipment. Specifically, paragraph (b)(3)(iii) provides two authorized packaging configurations for lithium cells and batteries packed with equipment. Specifically, it permits lithium cells and batteries, when packed with equipment, to be placed in: (1) inner packagings that completely enclose the cell or battery, then placed in an outer packaging; or (2) inner packagings that completely enclose the cell or battery, then placed with equipment in a package that meets the PG II performance requirements as specified in paragraph § 173.185(b)(3)(ii). The intent of the first option provided in paragraph (b)(3)(iii)(A) is to permit packing only the cells or batteries in a UN specification packaging and then to place this packaging with the equipment, for which the batteries are intended, in a non-UN specification outer packaging. The intent for the second option provided in paragraph (b)(3)(iii)(B) is to pack both the cells/ batteries and the equipment in a UN specification outer packaging. In a working paper submitted at the ICAO 2020 Working Group Meeting, it was noted that the actual text for the two options was not clear. Specifically, paragraph (b)(3)(iii)(A) does not clearly state that the specification packaging containing the cells or batteries is then packed with the equipment into a nonspecification outer packaging. Consistent with the clarifying revision in the ICAO Technical Instructions, and to align more closely with the text in packing instruction P903 of the UN Model Regulations, PHMSA proposes to revise paragraph (b)(3)(iii)(A) by clearly indicating that the cells or batteries must be placed in a specification package of a type that meets PG II performance requirements and then E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 34586 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules placed together with the equipment in a strong, rigid outer non-specification packaging. For additional clarity, PHMSA also proposes to revise paragraph (b)(3)(iii)(B) by replacing the text ‘‘package’’ with the phrase ‘‘packaging of a type’’ when referring to the specification package meeting the PG II performance requirements. PHMSA also proposes to add a new paragraph (b)(3)(iii)(C) to include a limitation for the number of batteries in the package, when transported by air. This is consistent with the provisions for smaller cells or batteries found in § 173.185(c)(4)(vi), which currently requires that for smaller cells or batteries contained in or packed with equipment and shipped by aircraft, the number allowed in each package is limited to the number required to power the piece of equipment, plus two spare sets. The original provision limiting the number in each packaging was added in HM–224F but did not apply to fully regulated shipments. However, PHMSA notes that the limitation on the number of cells or batteries allowed in a package should apply to fully regulated shipments of lithium batteries packed with equipment, consistent with Section I.2 of Packing Instruction 966 (for UN3481) and Packing Instruction 969 (for UN3091) of the ICAO Technical Instructions. PHMSA did not intend to limit the scope of this requirement to just smaller cells or batteries, as a condition for the exception from full regulation under paragraph (c), as this packaging requirement is intended to limit the hazard of lithium battery shipments in air transportation. Limiting the number of batteries allowed to be packaged with equipment reduces hazard risks and increases safety. Section 173.185(b)(4) contains packaging provisions for lithium cells or batteries contained in equipment. Consistent with the ICAO Technical Instructions, PHMSA proposes to add a new paragraph (b)(4)(iv) clarifying that for transportation by aircraft, when multiple pieces of equipment are packed in the same outer packaging, each piece of equipment must be packed to prevent contact with other equipment. This change is necessary because existing provisions in paragraph (b) could be interpreted to only apply to an outer packaging containing a single piece of equipment; however, an outer packaging may contain multiple pieces of equipment. This provision would more clearly communicate that for multiple pieces of equipment containing lithium cells or batteries in the same outer packaging, VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 the equipment must be packed to prevent damage due to contact between the pieces of equipment. Paragraph (c) exceptions for smaller cells or batteries revisions: Paragraph (c)(3) specifies hazard communication requirements pertaining to the use of the lithium battery mark. Currently, the heading of paragraph (c)(3) is titled ‘‘hazard communication’’; however, PHMSA proposes to amend this heading to read ‘‘lithium battery mark.’’ In general, hazard communication refers to various documentation and communication requirements, including but not limited to marking. PHMSA expects that this change will provide clarity by referring to the specific requirement for hazard communication stipulated in this paragraph. PHMSA proposes to remove the telephone number requirement from the lithium battery mark. The intended use of the telephone number and its effectiveness was discussed by the UNSCOE. Examples pointing to its ineffectiveness include differences in time zones and languages between the origin and destination of a shipment or intermediate transport point, and a lack of clarity on the expected capability of the person responding to a telephone call. The requirement to include a ‘‘telephone number for additional information’’ was originally introduced in the 15th revised edition of the UN Model Regulations. It was envisioned that the telephone number would be for the consignor or other responsible individual who could provide further information (e.g., appropriate corrective actions should something be wrong with the package) beyond the minimal information required to be indicated on the package. At that time, there was minimal hazard communication and less awareness than is currently provided for in the UN Model Regulations. The consignor information can now be readily obtained through other means such as a bill of lading, shipping labels, or other paperwork thereby rendering the telephone number requirement as a piece of information on the lithium battery mark effectively redundant. The resulting consensus based on both the discussion and experience with transport of small lithium batteries was that the telephone number adds little value and removing the telephone number requirement from the mark would not reduce the effectiveness of the mark and therefore, not impact safety of transportation. Specifically, PHMSA proposes to revise the lithium battery mark by removing the double asterisk from the example figure and the corresponding PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 requirement in paragraph (c)(3)(i)(C) to replace the double asterisk with the telephone number. PHMSA proposes a transition period authorizing continued use of the current lithium battery mark until December 31, 2026. Section 173.185(c) provides exceptions for smaller cells or batteries. Paragraph (c)(4) contains provisions for exceptions for smaller lithium cells and batteries offered by air transportation. PHMSA proposes to remove the exceptions applicable to small lithium cells and batteries when they are not packed with, or contained in, equipment. This change was also implemented on January 1, 2022, by the International Air Transport Association (IATA) and member airlines will no longer accept packages of lithium batteries prepared in accordance with Section II of Packing Instructions 965 and 968 of the ICAO Technical Instructions. These exceptions in § 173.185(c)(4), had been developed to facilitate the global transport of small lithium cells and batteries. However, these exceptions removed many of the regulatory safeguards that provide for the safe transport of lithium batteries, including requirements for air operators to perform an acceptance check, information to be provided to the pilotin-command, and package hazard communication. Furthermore, the exceptions for small lithium cells and batteries limit the ability of air operators to conduct the necessary safety risk assessments. The reduced hazard communication also increases the risk of small lithium cells and battery packages restricted to transport on cargo aircraft only being inadvertently loaded on a passenger aircraft. This proposed removal of these exceptions would increase the visibility of these shipments to operators who could perform an acceptance check to ensure proper packaging and hazard communication and ensure the information regarding the number and location of packages containing lithium batteries will be provided to the pilotin-command. The proposed changes do not apply to the exceptions for small lithium cells and batteries packed with, or contained in, equipment. Specifically, PHMSA proposes to remove the following provisions: • Paragraph (c)(4)(i), including Table 1 regarding the number and net quantity of lithium batteries. • In paragraph (c)(4)(ii), the first sentence with reference to (c)(4). • Paragraph (c)(4)(iii), regarding limitation of one package per consignment. • Paragraph (c)(4)(v), regarding offering packages and overpacks to an E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules operator separately from cargo not subject to the HMR. • Paragraph (c)(4)(viii), regarding packing cells and batteries with other hazardous materials in the same package or overpack. As a consequence, the remaining provisions in paragraph (c)(4) applicable to lithium cells or batteries packed with, or contained in, equipment would be reorganized and renumbered. The paragraph (c)(4) introductory text would be revised to read ‘‘Air Transportation. Smaller Lithium cell or batteries packed with, or contained in, equipment.’’ Further, consistent with the ICAO Technical Instructions, paragraph (c)(4)(ii), concerning overpacks, would be revised to add a packing instruction that when placed into an overpack, packages must be secured within the overpack, and the intended function of each package must not be impaired by the overpack. The general provisions for overpacks in Part 5; 1.1 of the ICAO Technical Instructions require that packages must be secured within the overpack, and that the intended function of the package must not be impaired by the overpack. However, with the current construction of the provisions for small batteries in Packing Instructions 966, 967, 969, and 970, the general Part 5 overpack provisions do not apply, which could lead to packages being unsecured or even damaged by being unrestrained within an overpack. Therefore, these overpack provisions from Part 5 were added to the respective packing instructions to ensure protection against damage of the packages and their contents. These changes are consistent with the elimination of ‘‘Section II’’ from Packing Instructions 965 and 968 in the ICAO Technical Instructions. These proposed amendments maintain the level of safety (i.e., hazard communication clarifications and revisions to lithium battery requirements for consistency). All the proposed amendments are expected to maintain the HMR’s high safety standard. Safety benefits will also 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; impact on safety and the environment; impact on environmental justice and equity; and any other relevant information. Section 173.185(c)(5), corresponding to Section IB in ICAO Technical Instructions Packing Instructions 965 and 968, provides an exception from specification packing requirements for smaller lithium cells and batteries, not exceeding the size prescribed in VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 paragraph (c)(1) and subject to certain quantity limits. PHMSA proposes to revise the paragraph (c)(5) introductory text to ‘‘Air Transportation. Smaller lithium cell and batteries.’’ Combined with the revision of the (c)(4) introductory text, this will assist users of this section by identifying the subparagraphs in paragraph (c) containing additional air transport provisions for lithium batteries, packed with, or contained in, equipment, and those only applicable to lithium cells and batteries. PHMSA proposes to revise paragraph (c)(5) by requiring packages to be capable of withstanding a three-meter stack test for a duration of 24 hours. Because lithium cells and batteries offered in accordance with paragraph (c)(5) (which corresponds with IB of Packing Instructions 965 and 968 of the ICAO Technical Instructions) are excepted from the specification package requirements, they are not presently subject to a stack test. However, the general requirements for limited quantity packages by air in § 173.27(f)(2)(vi), which are also excepted from specification packaging requirements, do require that each package be capable of withstanding a three-meter stack test for a duration of 24 hours. In considering the packaging standards between limited quantity packages and those for smaller lithium cells and batteries, it was agreed by the DGP that packages must be capable of withstanding a stack test, in parallel with the requirement for limited quantity packages. PHMSA agrees with introducing a stack test as a preventative safety measure against potential damage to lithium battery packages from stacking of packages and proposes to include a stack test requirement in paragraph (c)(5). Lastly, consistent with corresponding revisions to international standards, PHMSA is proposing editorial revisions in paragraphs (b)(5), (e)(5), (e)(6), and (e)(7), where references to ‘‘battery assemblies’’ are removed and replaced with the phrase ‘‘cells and batteries,’’ as used throughout the section. Paragraph 173.185(a)(1) requires each lithium cell or battery to be of the type proven to meet the criteria in part III, sub-section 38.3 of the UN Manual of Tests and Criteria. The 38.3.2.3 definition for ‘‘battery’’ states that: ‘‘. . . Units that are commonly referred to as ‘‘battery packs,’’ ‘‘modules’’ or ‘‘battery assemblies’’ having the primary function of providing a source of power to another piece of equipment are, for the purposes of the Model Regulations and this Manual, treated as batteries.’’ PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 34587 Use of ‘‘battery assemblies’’ may be a source of confusion, as the reader may understand it to have a separate meaning from ‘‘battery,’’ yet it is not specifically defined in the HMR. Further, based on the requirement above to comply with the UN Manual of Tests and Criteria and its associated meaning of ‘‘battery assemblies,’’ PHMSA considers that the use of the term ‘‘battery assemblies’’ is redundant with the term ‘‘battery’’ in the context of these transport requirements and proposes to revise the text to reduce confusion of the provisions in these paragraphs, regarding applicability to the assembly or to the cells and batteries contained within an assembly. PHMSA expects that the proposed changes to § 173.185 will provide clarity, thus enhancing the safety standard in the HMR for transportation of lithium batteries. Section 173.224 Section 173.224 establishes packaging and control and emergency temperatures for self-reactive materials. The Self-Reactive Materials Table in paragraph (b) of this section specifies self-reactive materials authorized for transportation without first being approved for transportation by the Associate Administrator for Hazardous Materials Safety and requirements for transporting these materials. As a result of new self-reactive materials formulations becoming commercially available, the 22nd revised edition of the UN Model Regulations includes updates to the list of specified selfreactive materials authorized for transportation without prior approval. To maintain consistency with the UN Model Regulations, PHMSA proposes to update the Self-Reactive Materials Table by adding a new entry for ‘‘(7-Methoxy5-methyl-benzothiophen-2-yl) boronic acid’’. PHMSA also proposes to correct the name of one of the listed selfreactive substances on the self-reactive substances table. Currently, ‘‘2-(N,NMethylaminoethylcarbonyl)-4-(3,4dimethyl-phenylsulphonyl)benzene diazonium zinc chloride’’ is listed, however this formulation name should be ‘‘2-(N,N-Methylaminoethylcarbonyl)4-(3,4dimethylphenylsulphonyl) benzenediazonium hydrogen sulphate’’. While reviewing the self-reactive table in the UN Model Regulations and ICAO Technical Instructions, PHMSA discovered that ‘‘2-(N,NMethylaminoethylcarbonyl)-4-(3,4dimethyl-phenylsulphonyl)benzene diazonium zinc chloride’’ does not appear in any other international regulations but that ‘‘2-(N,N- E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 34588 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules Methylaminoethylcarbonyl)-4-(3,4dimethylphenylsulphonyl) benzenediazonium hydrogen sulphate’’ does and includes identical packaging provisions. PHMSA does not believe that there is any formulation called ‘‘2(N,N-Methylaminoethylcarbonyl)-4-(3,4dimethyl-phenylsulphonyl)benzene diazonium zinc chloride’’ that exists and that this entry as it appears is the result of an editorial error in which two individual formulation names were inadvertently combined. Therefore, PHMSA proposes to correct the name associated with this formulation by removing the suffix ‘‘benzene diazonium zinc chloride’’ and replacing it with ‘‘benzenediazonium hydrogen sulphate.’’ PHMSA requests comment regarding this change, specifically regarding whether the deletion of ‘‘2(N,N-Methylaminoethylcarbonyl)-4-(3,4dimethyl-phenylsulphonyl)benzene diazonium zinc chloride’’ should be reconsidered. In addition, PHMSA proposes assigning a new ‘‘Note 6’’ to this entry among the list of notes following the table. ‘‘Note 6’’ would provide concentration limits of water and organic impurities for this new selfreactive material. PHMSA expects that adding provisions for the transport of (7Methoxy-5-methyl-benzothiophen-2-yl) boronic acid formulations will facilitate its transport while maintaining the HMR’s safe standard for transportation of self-reactive hazardous materials. PHMSA also proposes to revise § 173.224(b)(4). In a previous final rule, HM–215O, PHMSA revised § 173.224 to authorize self-reactive materials to be transported and packed in accordance with packing method OP8 where transport in IBCs or portable tanks is permitted in accordance with § 173.225, provided that the control and emergency temperatures specified in the instructions are complied with. This change allowed materials that are authorized in bulk packagings to also be transported in appropriate non-bulk packagings. PHMSA proposes to make an editorial correction to a reference to the formulations listed in § 173.225. In the course of adding this provision, PHMSA incorrectly directed users to the Organic Peroxide IBC Table by referencing 173.225(f) however the table is found in 173.225(e); therefore, PHSMA proposes to correct that sentence to refer to 173.225(e). 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 22nd VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 revised edition of the UN Model Regulations includes updates to the list of identified organic peroxides, which provides for formulations of these materials that are authorized for transportation without prior approval. To maintain consistency with the UN Model Regulations, PHMSA proposes to update the Organic Peroxide Table in § 173.225(c) by adding new entries for ‘‘tert-Butylperoxy isopropylcarbonate,’’ ‘‘tert-hexyl peroxypivalate,’’ and ‘‘acetyl acetone peroxide,’’ and identifying them as ‘‘UN3105, Organic peroxide type D, liquid’’; ‘‘UN3117, Organic peroxide type E, liquid, temperature controlled’’; and ‘‘UN3107, Organic peroxide type E, liquid,’’ respectively. Additionally, PHMSA proposes to add a ‘‘Note 32’’ following the table, in association with the new entry for ‘‘acetyl acetone peroxide,’’ to indicate that the active oxygen concentration for this formulation is limited to concentrations of 4.15% active oxygen or less. PHMSA also proposes to revise the Organic Peroxide Portable Tank Table in paragraph (g) to maintain alignment with the 22nd revised edition of UN Model Regulations by adding new formulation ‘‘tert-Butyl hydroperoxide, not more than 56% with diluent type B,’’ identified by ‘‘UN3109, Organic peroxide type F, liquid.’’ This amendment would also include the addition of ‘‘Note 2’’ following the table to specify that diluent type B is tertButyl alcohol. PHMSA expects that adding provisions for the transport of these newly available peroxide formulations will facilitate transportation of these materials, while maintaining the HMR’s safety standard for transportation of organic peroxide hazardous materials. Section 173.232 Section 173.232 outlines the packaging requirements for articles containing hazardous materials. For the purposes of this section, an ‘‘article’’ means machinery, apparatus, or other device that contains 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. Currently, these articles are forbidden from transport on passenger and cargo aircraft, as specified in column (9) of the HMT. However, the 2023–2024 ICAO Technical Instructions include new provisions permitting the transport of certain articles containing hazardous materials aboard passenger and cargo aircraft. These new provisions allow articles described and classified as ‘‘UN3548, Articles containing PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 miscellaneous dangerous goods, n.o.s., 9’’ or ‘‘UN 3538, Articles containing non-flammable, non-toxic gas, n.o.s., 2.2’’ to be transported by cargo and passenger aircraft under certain conditions. PHMSA proposes to make changes consistent with those provisions by adding two new packaging provisions in § 173.232, in addition to the new special provisions A224 and A225 discussed above in Section-by-Section Review of NPRM Proposals for § 172.102. Specifically, PHMSA proposes to specify in paragraph (h) that air transport is permitted for UN3548 articles containing less than 5 L or 5 kg of environmentally hazardous substances when all other conditions of § 173.232 are met. In a new paragraph (i), the same requirements are proposed for articles transported under UN3538, which: (1) do not have an existing proper shipping name; (2) contain only gases of Division 2.2 without a subsidiary hazard, except for refrigerated liquefied gases and other gases that are forbidden for transport on passenger aircraft, where the quantity of the Division 2.2 gas exceeds the quantity limits for UN 3363, as prescribed in § 173.222; (3) the quantity of gas in the article does not exceed 75 kg when transported by passenger aircraft or 150 kg when transported by cargo aircraft; and (4) gas containing receptacles within the article must meet the requirements of Part 173 and Part 175, as appropriate., or meet a national or regionally recognized pressure receptacle standard. Additionally, both packaging provisions would also permit the transport of these articles, containing lithium cells or batteries, provided that the batteries meet the requirements specified in § 173.185. The aim of these new provisions is to facilitate the transport of large articles containing environmentally hazardous substances, such as aircraft landing gear struts filled with hydraulic fluid and large articles containing a non-flammable, non-toxic gas, such as new types of magnetic resonance imaging (MRI) scanners, which often contain compressed helium, as well as lithium cells or batteries. As a participant on the Dangerous Goods Panel, PHMSA expects that the proposed packaging provisions provide an appropriate level of safety to allow these items to be transported by air and are appropriate for incorporation in the HMR. Section 173.301b Section 173.301b outlines additional general requirements when shipping gases in UN pressure receptacles (e.g., cylinders). The 22nd revised edition of E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules the UN Model Regulations updated references of several authorized standards for ensuring proper valve protection. In order to maintain the current safety standard of the HMR for valve protection and harmonization with the requirements for UN pressure receptacles, PHMSA proposes to also update these references. Currently, paragraph (c)(1) requires that quick release cylinder valves for specification and type testing must conform to the requirements in ISO 17871:2015(E), ‘‘Gas cylinders—Quick-release cylinder valves—Specification and type testing.’’ ISO 17871, in conjunction with ISO 10297 and ISO 14246, specifies design, type testing, marking, manufacturing tests, and examination requirements for quick-release cylinder valves, intended to be fitted to refillable transportable gas cylinders and pressure drums and tubes used to transport compressed or liquefied gases or extinguishing agents charged with compressed gases to be used for fire-extinguishing, explosion protection, and rescue applications. As part of its regular review of its standards, ISO updated and published the second edition of ISO 17871 as ISO 17871:2020(E). PHMSA proposes to revise the valve requirements in this paragraph to require quick release cylinder valves for specification and type testing to conform to ISO 17871:2020(E). After December 31, 2026, conformance with ISO 17871:2015(E) will no longer be authorized in the UN Model Regulations; therefore, for consistency, PHMSA also proposes to add a phaseout date of December 31, 2026, for continued conformance with ISO 17871:2015(E). The second edition of this standard broadens the scope to include quick release valves for pressure drums and tubes and specifically excludes the use of quick-release valves with flammable gases. Other notable changes include the addition of the valve burst test pressure, the deletion of the flame impingement test, and the deletion of the internal leak tightness test at ¥40 °C for quick-release cylinder valves, used only for fixed firefighting systems installed in buildings. PHMSA expects that updating the requirements for conformance of UN pressure receptacles with this document will maintain the HMR safety standard for these packagings and facilitate compliance with valve requirements domestically and internationally by aligning the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations. PHMSA reviewed this edition as part of its regular participation in the review of VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 amendments proposed for the UN Model Regulations. PHMSA also proposes to revise paragraph (c)(2), which requires UN pressure receptacles to have their valves protected from damage to prevent unintentional release of the contents of the receptacles. Various methods on how to achieve damage protection are provided, including equipping the container with a valve cap or guard that conforms to ISO 11117:2008, ‘‘Gas cylinders—Valve protection caps and guards—Design, construction and tests’’ and the Technical Corrigendum 1, a complementary document to the standard. As part of its regular review of its existing standards, in 2019, ISO published an updated version of this standard, 11117:2019, which was adopted in the 22nd revised edition of the UN Model Regulations as a permitted conformance standard for valve protection. This document updates the 2008 version, currently authorized in paragraphs (c)(2)(ii) and (c)(2)(iii). In accordance with the UN Model Regulations, PHMSA also proposes to authorize the continued use of ISO 11117:2008, in conjunction with the Technical Corrigendum, until December 31, 2026. Similarly, for metal hydride storage systems, damage protection of the valve must be provided in accordance with ISO 16111:2008, ‘‘Transportable gas storage devices— Hydrogen absorbed in reversible metal hydride.’’ As part of its regular review of its existing standards, in 2018, ISO published an updated version of this standard, which was adopted in the 22nd revised edition of the UN Model Regulations as a permitted conformance standard for valve protection. Therefore, to maintain alignment with the UN Model Regulations’ requirements for UN metal hydride storage systems, PHMSA proposes to update the required standard for protection of valves to ISO 16111:2018 and include a phaseout date of December 31, 2026, for continued use of valve guards conforming to valve protection standards in ISO 16111:2008. PHMSA has reviewed the updated ISO standards as part of its regular participation in the review of amendments proposed for the UN Model Regulations and has determined use of the update ISO 16111 will maintain the HMR safety standard for protection of valves used in UN metal hydride storage systems. Paragraph (d) requires that when the use of a valve is prescribed, the valve must conform to the requirements in ISO 11118:2015(E), ‘‘Gas cylinders— Non-refillable metallic gas cylinders— Specification and test methods.’’ ISO 11118:2015 specifies minimum PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 34589 requirements for the material, design, inspections, construction and workmanship, manufacturing processes, and tests at manufacture of nonrefillable metallic gas cylinders of welded, brazed, or seamless construction for compressed and liquefied gases including the requirements for their non-refillable sealing devices and their methods of testing. For consistency with the UN Model Regulations, PHMSA proposes to revise the valve conformance requirements to include a reference to the 2019 amendment of ISO 11118, specifically, ISO 11118:2015/Amd 1:2019, which ISO published as a supplement to ISO 11118:2015(E). This supplement corrects the references and numerous typographical errors. The amendment also includes updates to the marking requirements in the normative Annex A, which includes clarifications, corrections, and new testing requirements. Additionally, paragraph (d) currently indicates that the manufacture of valves to ISO 13340:2001(E) is authorized until December 31, 2020. Since this date has passed, PHMSA proposes to remove reference to this expired authorization. Updating references to these documents would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations pertaining to the design and construction of UN pressure drums. PHMSA has reviewed this edition 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 its use. Lastly, paragraph (f) of this section requires that for the transportation of hydrogen bearing gases, a steel UN pressure receptacle bearing an ‘‘H’’ mark must be used. The ‘‘H’’ marking indicates that the receptacle is compatible with hydrogen embrittling gases. However, some hydrogen bearing gases may also be transported in composite pressure receptacles with steel liners as provided in § 173.311. Therefore, PHMSA proposes to amend § 173.301b(f) to clarify that these compatibility provisions apply to steel UN cylinders as well as composite pressure receptacles that include steel liners. PHMSA expects that this amendment will add an additional level of safety by ensuring that suitability of materials is considered when shippers opt to use composite cylinders for the transport of hydrogen bearing gases. Section 173.302c Section 173.302c outlines additional requirements for the shipment of E:\FR\FM\30MYP2.SGM 30MYP2 34590 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 adsorbed gases in UN pressure receptacles. Currently paragraph (k) requires that filling of UN pressure receptacles with adsorbed gases be performed in accordance with Annex A of ISO 11513:2011, ‘‘Gas cylinders— Refillable welded steel cylinders containing materials for subatmospheric gas packaging (excluding acetylene)—Design, construction, testing, use and periodic inspection.’’ As part of its periodic review and updates of standards, ISO has developed an updated second edition (published in 2019). The updated ISO 11513 standard was adopted in the 22nd revised edition of the UN Model Regulations for use for cylinders filled with adsorbed gases. Similarly, PHMSA proposes to require use of Annex A of ISO 11513:2019. Specifically, this amendment would require the use of the 2019 standard and provide a phaseout date for continued use of the ISO 11513:2011 until December 31, 2024. Updating references to this document would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations pertaining to the shipment of adsorbed gases in UN pressure receptacles. PHMSA has reviewed this edition 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 its use. Section 173.311 Section 173.311 specifies requirements for transportable UN metal hydride storage systems (UN3468) that are comprised of pressure receptacles not exceeding 150 L (40 gallons) in water capacity and having a maximum developed pressure not exceeding 25 MPa (145 psi). Currently, the HMR requires that these metal hydride storage systems be designed, constructed, initially inspected, and tested in accordance with ISO 16111:2008, ‘‘Transportable gas storage devices— Hydrogen absorbed in reversible metal hydride.’’ However, the 22nd revised edition of the UN Model Regulations updated references to this standard to authorize the use of the updated 2018 version of ISO 16111, while allowing the 2008 version to remain authorized for use until December 31, 2026. Therefore, for consistency with the requirements for UN metal hydride storage systems, PHMSA proposes to adopt changes made in the 22nd revised edition of the UN Model Regulations to authorize the use of ISO 16111:2018 and add a phaseout date of December 31, 2026, for continued use of ISO 16111:2008. PHMSA has reviewed this VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and has determined the updated edition of ISO 16111 will maintain the HMR safety standards for the design, construction, initial inspection, and testing of UN metal hydride storage systems. D. Part 175 Section 175.1 Section 175.1 outlines the purpose, scope, and applicability of the Part 175 requirements for the transport of hazardous materials by aircraft. Specifically, these requirements are in addition to other requirements contained in the HMR. The aircraft-level risk presented by hazardous materials depends on factors, such as the total quantity and type, potential interactions, and existing risk mitigation measures. When accepting hazardous materials for transportation by aircraft, aircraft operators (i.e., air carriers) must also comply with Federal Aviation Administration (FAA) Safety Management System (SMS) requirements in 14 CFR part 5—Safety Management Systems, that impacts how operators comply with requirements of the HMR. PHMSA proposes to add a new paragraph (e) to the HMR that includes a reference that directs operators to the FAA’s requirements to have an SMS in place, in accordance with 14 CFR part 121. Safety risk management is the process within the SMS composed of describing the system, identifying the hazards, and analyzing, assessing, and controlling risk. According to 14 CFR part 5, certain aircraft operators are certificated, in accordance with 14 CFR part 121, to the appropriate SMS requirements and a note referencing guidance for performing a safety risk assessment. This action will not introduce new regulatory burden, as these SMS requirements have been in place for several years. However, PHMSA expects that adding a reference to these requirements in the HMR will provide additional clarity for aircraft operators, with respect to the applicability of SMS to the acceptance and transport of hazardous materials at the aircraft level. Finally, PHMSA notes that FAA Advisory Circular (AC) 120– 121 23 provides information relating to the risk assessments and potential mitigation strategies to items in the aircraft cargo compartment. When using this document, aircraft operators should 23 https://www.faa.gov/documentLibrary/media/ Advisory_Circular/AC_120-121.pdf. PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 refer to requisite ICAO documents, check the FAA websites for additional information on cargo safety and mitigations relating to fire events, and consider safety enhancements developed and promoted by industry groups. Section 175.10 Section 175.10 specifies the conditions under which passengers, crew members, or an operator may carry hazardous materials aboard an aircraft. Consistent with revisions to the ICAO Technical Instructions, PHMSA proposes revisions in paragraphs (a)(15) and (a)(17) applicable to the carriage of wheelchairs or other mobility aids powered by batteries. Specifically, in paragraphs (a)(15)(v), (a)(15)(vi) and (a)(17)(v), which currently require that the battery be securely attached to the wheelchair or mobility aid or be removed and packed appropriately, PHMSA proposes to add the supplemental requirements that the battery is adequately protected against damage by the design of the wheelchair or mobility aid. The proposed revisions will enhance the safe carriage of these battery-powered items aboard passenger aircraft by requiring combined measures of protection against damage and securement of batteries or otherwise removed and packed appropriately. Furthermore, the proposed revisions will assist passengers traveling with battery-powered wheelchairs or mobility aids by providing better clarity on the required safety measures. Additionally, PHMSA proposes to revise introductory text to paragraphs (a)(14) and (a)(26) to specifically state that each lithium battery must be of a type which meets the requirements of UN Manual of Tests and Criteria, Part III, Subsection 38.3. Currently this requirement is outlined in every other subparagraph under paragraph (a) pertaining to lithium batteries but was inadvertently omitted in prior rulemakings for paragraphs (a)(14) and (a)(26). Therefore, for clarity and consistency with the ICAO Technical Instructions, PHMSA proposes this editorial change, and expects that it will improve safety by ensuring that it is understood that all batteries transported under the provisions of that paragraph are subject to UN testing. PHMSA also proposes to revise paragraph (a)(18) regarding the carriage of portable electronic devices (e.g., watches, cell phones, etc.). Currently, the HMR allows these devices to be carried both in carry-on baggage and checked baggage. However, this paragraph stipulates that for lithium battery-powered devices carried in E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules checked baggage, the devices must be completely switched off (i.e., not in sleep or hibernation mode). The requirement to turn off battery powered devices was added in the ICAO Technical Instructions and the HMR as a result of temporary security restrictions that prohibited the carriage of large portable electronic devices in the cabin on certain flights. In addition to the restriction of electronic devices in the aircraft cabin, a requirement to turn off all devices powered by lithium batteries when placed in checked baggage was added to prevent risks from overheating in those devices that might remain active when not powered off (e.g., laptops). This requirement to turn devices off was applied to all devices powered by batteries or cells, regardless of their size and level of risk, primarily to simplify the regulations and facilitate its implementation. However, in light of the need for passengers to carry active devices powered by small cells in checked baggage (e.g., small tracking devices), PHMSA proposes to provide some conditional relief from this requirement for passengers and crew by applying the provision to switch off the device to only those devices powered by lithium metal batteries exceeding 0.3 grams lithium content or lithium ion batteries exceeding 2.7 Wh. This is consistent with paragraph (a)(26) which allows baggage equipped with lithium batteries to be carried as checked baggage if the batteries do not exceed 0.3 grams of lithium content or 2.7 Wh, respectively. Based on similar battery size criteria in paragraph (a)(26), PHMSA does not expect a reduction in safety of transporting lithium batterypowered devices aboard passenger aircraft under the proposed exception. Moreover, small lithium batterypowered devices are not known or expected to create heat in the same manner as portable electronic devices powered by much larger batteries. PHMSA expects that this amendment will avoid unnecessary operational challenges for States, operators, and the travelling public without compromising safety. Additionally, PHMSA proposes to add clarification in paragraph (a) that the most appropriate exception from this section shall be selected when hazardous materials are carried by aircraft passengers or crewmembers. For example, paragraph (a)(19) specifies conditions for battery-powered smoking devices such that a person cannot opt to follow the more generalized portable electronic device conditions of paragraph (a)(18). PHMSA expects that this clarification will support the safe VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 transport of excepted hazardous materials by ensuring that they will be transported in a manner that is most appropriate for the hazard they may pose. Finally, PHMSA proposes to make a clarifying amendment to paragraph (a)(26) regarding baggage equipped with lithium batteries. Oftentimes, the baggage has built-in features that cannot be turned off and the intent of paragraph (a)(26) is the devices are not required to be turned off when the baggage is checked. Therefore, PHMSA proposes to clarify paragraph (a)(26) to state plainly that, under the conditions allowing baggage to be checked without removing the batteries, electronic features of the baggage do not have to be switched off. Section 175.33 Section 175.33 establishes requirements for shipping papers and for the notification of the pilot-incommand when hazardous materials are transported by aircraft. Consistent with the proposed removal of the exceptions applicable to small lithium cells and batteries, as discussed in the Section-bySection Review discussion of changes in § 173.185(c), PHMSA proposes to revise paragraph (a)(13)(iii) to remove reference to UN3480, lithium ion batteries and UN3090 lithium metal batteries. Currently, paragraph (a)(13)(iii) conditionally excepts certain lithium batteries 24 that are prepared in accordance with the paragraph § 173.185(c) exceptions for smaller cells and batteries from the requirement to be included with the information to be provided to the pilot-in-command. Since smaller lithium cells and batteries that are not packed with or contained in equipment are no longer provided relief from hazard communication requirements, such as shipping papers, PHMSA proposes a conforming change to this section to also require the inclusion of lithium cells and batteries as part of the information provided to the pilot-in-command. This revision will maintain the HMR standard of hazard communication for transportation of lithium cells and batteries by air. E. Part 178 Section 178.37 Section 178.37 outlines the construction requirements for DOT specification 3AA and 3AAX seamless steel cylinders. As summarized in the 24 UN3480, Lithium ion batteries, UN3481, Lithium ion batteries, contained in equipment, UN3090, Lithium metal battery including lithium alloy batteries, and UN3091, Lithium metal batteries packed with/contained in equipment. PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 34591 Section IV. Section-by-Section Review discussion of changes to § 171.7, PHMSA proposes to incorporate by reference the revised third edition (published in 2019) of ISO 9809–1, ‘‘Gas cylinders—Design, construction and testing of refillable seamless steel gas cylinders and tubes—Part 1: Quenched and tempered steel cylinders and tubes with tensile strength less than 1100 Mpa.’’ Currently, ISO 9809–1 is referenced in § 178.37 as an approved methodology by which to perform bend tests, instead of the required flattening test specified in paragraph (j). As currently written, paragraph (j) does not specify which edition is authorized, yet multiple editions are incorporated by reference in § 171.7. PHMSA aims to make the requirement clearer by proposing to authorize use of the most current version of ISO 9809–1 only. PHMSA reviewed the 2019 version and concludes that the bend test provisions in the standard remain a suitable alternative for the flattening test provisions of paragraph (j). This clarification will improve compliance with the appropriate version of ISO 9809–1 and ensure an appropriate level of safety. Section 178.71 Section 178.71 prescribes specifications for UN pressure receptacles. Several updates to referenced standards pertaining to the design, construction, and maintenance of UN pressure receptacles were added in the 22nd revised edition of the UN Model Regulations. To maintain consistency with the UN Model Regulations, PHMSA proposes similar updates to those ISO standards incorporated by reference in this section. Paragraph (f) outlines required conformance to ISO design and construction standards, as applicable, for UN refillable welded cylinders and UN pressure drums in addition to the general requirements of the section. ISO 21172–1:2015, ‘‘Gas cylinders—Welded steel pressure drums up to 3,000 litres capacity for the transport of gases— Design and constructionmdash;Part 1: Capacities up to 1,000 litres’’ is currently included in paragraph (f)(4) and specifies the minimum requirements for the material, design, fabrication, construction and workmanship, inspection, and testing at manufacture of refillable welded steel pressure drums of volumes up to 1,000 L (264 gallons). The 22nd revised edition of the UN Model Regulations includes an amendment to ISO 21172:2015—ISO 21172–1:2015/ Amd1:2018, ‘‘Gas cylinders—Welded E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 34592 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules steel pressure drums up to 3,000 litres capacity for the transport of gases— Design and construction—Part 1: Capacities up to 1,000 litres— Amendment 1.’’ ISO 21172–1:2015/ Amd1:2018 is a short supplemental amendment to be used in conjunction with ISO 21172–1:2015. It removes the restriction on use of UN pressure drums for transportation of corrosive materials. In addition to adding a reference for use of this supplemental document, the UN Model Regulations added a phase out date of manufacture of December 31, 2026, until which ISO 21172–1:2015 UN pressure drums may continue to be manufactured without the supplement. Similarly, PHMSA proposes to require conformance of UN pressure drums with ISO 21172 used in combination with the supplemental amendment, and adding a phaseout date of December 31, 2026, for continued manufacture of UN pressure drums in conformance with ISO 21172–1:2015 without the supplemental amendment. Additionally, PHMSA proposes to revise paragraphs (g), (k), and (n) which outline the design and construction requirements for UN refillable seamless steel cylinders, UN acetylene cylinders, and UN cylinders for the transportation of adsorbed gases, respectively. Currently this section requires that these UN cylinders conform to the second edition (published in 2010) of one or more of following ISO standards: (1) ISO 9809–1:2010 ‘‘Gas cylinders— Refillable seamless steel gas cylinders— Design, construction and testing—Part 1: Quenched and tempered steel cylinders with tensile strength less than 1,100 MPa.’’; (2) ISO 9809–2, ‘‘Gas cylinders— Refillable seamless steel gas cylinders— Design, construction and testing—Part 2: Quenched and tempered steel cylinders with tensile strength greater than or equal to 1,100 MPa.’’. (3) ISO 9809–3, ‘‘Gas cylinders— Refillable seamless steel gas cylinders— Design, construction and testing—Part 3: Normalized steel cylinders.’’ This series of ISO standards specifies minimum requirements for the material, design, construction and workmanship, manufacturing processes, examination, and testing at time of manufacture for refillable seamless steel gas cylinders and tubes with water capacities up to and including 450 L (119 gallons). PHMSA proposes to modify the design and construction requirements for UN cylinders by authorizing the use of the revised third edition of ISO 9809, Parts 1 through 3. Additionally, PHMSA proposes to add a phaseout date of December 31, 2026, for continued design, construction, and testing of UN VerDate Sep<11>2014 19:28 May 26, 2023 Jkt 259001 cylinders conforming to the second edition. Finally, PHMSA proposes to remove reference to the first edition of these standards as the authorized date (December 31, 2018) for continued manufacture in accordance with this edition has expired. PHMSA has reviewed these updated standards as part of its regular participation in the review of amendments proposed for the UN Model Regulations and expects their required use will maintain the HMR safety standard for manufacture of UN cylinders. Paragraph (i) outlines required conformance to ISO design and construction standards for UN nonrefillable metal cylinders. PHMSA proposes to remove reference to ISO 11118:1999 and add a reference to a supplemental amendment, ISO 11118:2015/Amd 1:2019. Current paragraph (i) requires, in addition to the general requirements of the section, conformance with ISO 11118:2015, ‘‘Gas cylinders—Non-refillable metallic gas cylinders—Specification and test methods.’’ ISO 11118:2015 specifies minimum requirements for the material, design, inspections, construction, workmanship, manufacturing processes, and tests for manufacture of nonrefillable metallic gas cylinders of welded, brazed, or seamless construction for compressed and liquefied gases including the requirements for their non-refillable sealing devices and their methods of testing. PHMSA proposes to revise the valve conformance requirements to include a reference to the 2019 supplemental amendment (ISO 11118:2015/Amd 1:2019), which ISO published to be used in conjunction with an ISO 11118:2015. Additionally, PHMSA proposes to add an end date of December 31, 2026, to the authorization to use ISO 11118:2015 when not used in conjunction with the supplemental 2019 amendment, ISO 11118:2015 +Amd.1:2019. This supplemental amendment corrects the identity of referenced clauses and corrects numerous typographical errors. 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. Paragraph (m) outlines required conformance to ISO standards for the design and construction requirements of UN metal hydride storage systems. Currently this paragraph requires that metal hydride storage systems conform to ISO 16111:2008, ‘‘Transportable gas PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 storage devices—Hydrogen absorbed in reversible metal hydride,’’ in addition to the general requirements of this section. As part of its regular review of its existing standards, in 2018 ISO published an updated version of this standard, which was adopted in the 22nd revised edition of the UN Model Regulations. In addition to permitting construction in accordance with ISO 16111:2018, the 22nd revised edition of the UN Model Regulations added a December 31, 2026, phaseout date for the continued construction of UN metal hydride storage systems conforming to ISO 16111:2008. Therefore, to maintain alignment with the UN Model Regulations, PHMSA proposes to add the same phaseout date of December 31, 2026. Paragraph (n) prescribes the design and construction requirements for UN cylinders for the transportation of adsorbed gases. In addition to updating reference for required conformance with ISO 9809–1:2019 as discussed above, PHMSA also proposes to require conformance to an updated version of ISO 11513, ‘‘Gas cylinders—Refillable welded steel cylinders containing materials for sub-atmospheric gas packaging (excluding acetylene)— Design, construction, testing, use and periodic inspection.’’ ISO 11513 specifies minimum requirements for the material, design, construction, workmanship, examination and testing at manufacture of refillable welded steel cylinders for the sub-atmospheric pressure storage of liquefied and compressed gases. The second edition has updated packing instructions and allows the use of ultrasonic testing as a nondestructive method for inspection of the cylinders. Currently the HMR require that UN cylinders that are used for the transportation of adsorbed gases conform to either ISO 9809–1:2010 or ISO 11513:2011. PHMSA proposes to require conformance with the updated ISO 11513:2019 in addition to the option of the updated ISO 9809–1:2019 edition. PHMSA also proposes to add a phaseout date of December 31, 2026, to allow UN cylinders to continue to be built in conformance with ISO 11513:2011. Updating reference to this standard would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations, pertaining to the design and construction of UN cylinders used for the transportation of adsorbed gases. PHMSA has reviewed this edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and expects that the required use will maintain the HMR E:\FR\FM\30MYP2.SGM 30MYP2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules Section 178.609 safety standard for the manufacture of UN cylinders. ddrumheller on DSK120RN23PROD with PROPOSALS2 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. PHMSA proposes to revise paragraph (d)(3) which outlines the general design and construction requirements for MEGCs. Currently this paragraph requires that each pressure receptacle of a MEGC be of the same design type, seamless steel, and constructed and tested according to one of five ISO standards including the second editions of: (1) ISO 9809–1 ‘‘Gas cylinders— Refillable seamless steel gas cylinders— Design, construction and testing—Part 1: Quenched and tempered steel cylinders with tensile strength less than 1100 MPa.’’; (2) ISO 9809–2, ‘‘Gas cylinders— Refillable seamless steel gas cylinders— Design, construction and testing—Part 2: Quenched and tempered steel cylinders with tensile strength greater than or equal to 1100 MPa.’’; and (3) ISO 9809–3, ‘‘Gas cylinders— Refillable seamless steel gas cylinders— Design, construction and testing—Part 3: Normalized steel cylinders.’’ This series of ISO standards specify minimum requirements for the material, design, construction, workmanship, manufacturing processes, examination, and testing at time of manufacture for refillable seamless steel gas cylinders and tubes with water capacities up to and including 450 L (119 gallons). The standards were updated and revised, as discussed in the Section IV. Section-bySection Review discussion of § 171.7 changes. PHMSA proposes to authorize the use of the third edition of ISO 9809, Parts 1 through 3, and to add a phaseout date of December 31, 2026, for continued manufacture of pressure receptacles using the second edition. Finally, PHMSA proposes to remove reference to the first edition of these standards, as the authorization date (December 31, 2018) for continued manufacture in accordance with this edition has expired. Authorizing the use of these updated references to this document would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations, pertaining to the design and construction of pressure vessels, including MEGCs, while maintaining the HMR safety standard for use of MEGCs. VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 Section 178.609 provides test requirements for packagings intended for transport of infectious substances. PHMSA proposes an editorial change in paragraph (d) to clarify the drop testing requirements for these packagings. In rule HM–215P,25 PHMSA made editorial changes in paragraph (g) to clarify the performance requirements for packagings intended to also contain dry ice consistent with changes to the 21st revised edition of UN Model Regulations. However, some additional editorial changes regarding the drop test requirements for these packagings were later added to the UN Model Regulations that were not reflected in HM–215P. Therefore, in this NPRM, PHMSA proposes to make additional editorial corrections to this section pertaining to the drop test requirements in paragraph (d). Currently, paragraph (d)(2) states that where the samples are in the shape of a drum, three samples must be dropped, in three different orientations. However, during the course of the finalization of these changes in the UN Model Regulations, an additional precision was made regarding the word ‘‘chime,’’ which was removed from these testing requirements and replaced with the word ‘‘edge.’’ The wording was changed so as not to specify which direction the package should be dropped. 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 expects this change to maintain the current level of safety for packagings intended to contain infectious substances. This change would simply result in a packaging being tested in line with the design of the original packaging test method. Section 178.706 Section 178.706 prescribes construction standards for rigid plastic IBCs. PHMSA proposes to revise paragraph (c)(3) to allow the use of recycled plastic (i.e., used material) in the construction of rigid plastic IBCs with the approval of the Associate Administrator consistent with a similar change adopted in the 22nd revised edition of the UN Model Regulations and international standards. PHMSA proposes including a slight variation from the international provision by requiring prior approval by the Associate Administrator for use of recycled plastics in the construction of rigid plastic IBCs. This approach is 25 87 PO 00000 FR 44944 (July 26, 2022). Frm 00027 Fmt 4701 Sfmt 4702 34593 consistent with current requirements for the construction of plastic drums and jerricans in § 178.509(b)(1) that restrict use of ‘‘used material’’ unless approved by the Associate Administrator. The UN Model Regulations incorporate quality assurance program requirements that require recognition by a governing body. By requiring approval of the Associate Administrator, PHMSA is able to maintain oversight of procedures, such as batch testing, that manufacturers will use to ensure the quality of recycled plastics used in the construction of rigid plastic IBCs. This proposed action will facilitate environmentally friendly processes in the construction of rigid plastic IBCs while maintaining the high safety standards in the production of these packagings for use in transportation of hazardous materials. Section 178.707 Section 178.707 prescribes construction standards for composite IBCs. PHMSA proposes to revise paragraph (c)(3)(iii) to allow the use of recycled plastic (i.e., used material) in the construction of inner receptacles of composite IBCs, with the approval of the Associate Administrator, consistent with a similar change adopted in the 22nd revised edition of the UN Model Regulations and the model international standards. PHMSA is including a slight variation from the international provision by requiring prior approval by the Associate Administrator to use recycled plastics in the construction of inner plastic receptacles of composite IBCs. This approach is consistent with current requirements for construction of plastic drums and jerricans in § 178.509(b)(1), which restrict use of ‘‘used material,’’ unless approved by the Associate Administrator. The UN Model Regulations incorporate quality assurance program requirements that require recognition by a governing body. By requiring approval of the Associate Administrator, PHMSA is able to maintain oversight of procedures, such as batch testing, that manufacturers will use to ensure the quality of recycled plastics used in the construction of inner plastic receptacles of composite IBCs. This proposed action will facilitate environmentally friendly processes in the construction of composite IBCs while maintaining the high safety standards in the production of these packagings for use in transportation of hazardous materials. F. Part 180 Section 180.207 Section 180.207 outlines the requirements for requalification of UN E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 34594 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules pressure receptacles. The 22nd revised edition of the UN Model Regulations includes numerous updates to referenced standards for inspection and maintenance of UN pressure receptacles. PHMSA proposes similar amendments in the HMR to maintain consistency with the UN Model Regulations. To that end, PHMSA proposes to revise paragraph (d), which specifies the requalification procedures and conformance standards for specific procedures. Specifically, paragraph (d)(3) currently requires that dissolved acetylene UN cylinders be requalified in accordance with ISO 10462:2013, ‘‘Gas cylinders—Acetylene cylinders— Periodic inspection and maintenance. ISO 10462:2013 specifies requirements for the periodic inspection and maintenance of acetylene cylinders. It applies to acetylene cylinders with and without solvent and with a maximum nominal water capacity of 150 L. As part of a periodic review of its standards, the ISO reviewed this standard, and in June 2019 published a short supplemental amendment, ISO 10462:2013/Amd 1:2019. The supplemental document provides amendments that simplify the marking of rejected cylinders to render them unserviceable. This supplemental document is intended for use in conjunction with ISO 10462:2013 for the periodic inspection and maintenance of dissolved acetylene UN cylinders. As such, PHMSA proposes to add a reference to ISO 10462:2013/Amd 1:2019 in § 180.207(d)(3) where ISO 10462:2013 is currently required, and add a phaseout date of December 31, 2024, for authorized use of ISO 10462:2013 without the supplemental amendment. PHMSA also proposes to revise paragraph (d)(5) which requires that UN cylinders used for adsorbed gases be inspected and tested in accordance with § 173.302c and ISO 11513:2011. ISO 11513 specifies minimum requirements for the material, design, construction, workmanship, examination and testing at manufacture of refillable welded steel cylinders for the sub-atmospheric pressure storage of liquefied and compressed gases. The 22nd revised edition of the UN Model Regulations updated references to ISO 11513 to authorize the use of the second edition, ISO 11513:2019. This second edition has been updated to amend packing instructions and remove the prohibition on the use of ultrasonic testing during periodic inspection. PHMSA proposes authorizing the use of ISO 11513:2019 and adding a sunset date of December 31, 2024, until which the current VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 edition of ISO 11513 may continue to be used. Lastly, PHMSA proposes to add paragraph (d)(8) to reference ISO 23088:2020, ‘‘Gas cylinders—Periodic inspection and testing of welded steel pressure drums—Capacities up to 1,000 L,’’ to provide a requalification standard for UN pressure drums because requalification procedures may differ for pressure drums versus other UN pressure receptacles. The ISO 23088:2020 standard complements the design and construction standard ISO 21172–1, ‘‘Gas cylinders—Welded steel pressure drums up to 3,000 litre capacity for the transport of gases— Design and construction—Part 1: Capacities up to 1,000 litres’’, referenced in § 178.71 for UN pressure drums. ISO 21172–1:2015 was added in the HMR in rule HM–215O. PHMSA expects that incorporating by reference a safety standard for requalification will reduce business costs and environmental effects by allowing existing UN pressure drums to be reintroduced into service for continued use for an extended period of time. These revisions would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations pertaining to industry consensus standards for requalification and maintenance procedures for UN pressure receptacles. PHMSA has reviewed this edition 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 its use. PHMSA expects that these amendments will enhance safety by providing cylinder and pressure drum users with the necessary guidelines for the continued use of UN pressure receptacles. 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 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 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’’) 26 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 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, and aligning HMR requirements with, anticipated increases in the volume of lithium batteries transported by 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 four of the 26 58 E:\FR\FM\30MYP2.SGM FR 51735 (Oct. 4, 1993). 30MYP2 34595 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules proposed amendments in the rulemaking. The effects of six remaining proposed amendments are not quantified but are assessed qualitatively. PHMSA estimates that the net annualized quantified net cost savings of this rulemaking, using a 7% discount rate, are between $5.5 million and $13.2 million per year. The following table presents a summary of the monetized impacts that these proposed changes may have upon codification. SUMMARY OF NET REGULATORY COST SAVINGS, DISCOUNT RATE = 7%, 2022–2031 [millions, 2021$] 10 Year costs 10 Year cost savings Rule amendment Low High Low High 10 Year net cost savings Low High Annual costs Low Annual cost savings High Low High Annual net cost savings Low High 1: Incorporation by reference ........................ 2: HMT additions ........................................... 3: Self-reactive materials and organic peroxides ............................................................ 5: Lithium battery changes ........................... $8 0.1 $8 0.1 $0 0 $0 0 $(8) (0.1) $(8) (0.1) $1 0.01 $1 0.01 $0 0 $0 0 $(1) (0.01) $(1) (0.01) 0 4 0 7 0.01 54 0.03 105 0.01 47 0.03 101 0 0.5 0 1 0.001 8 0.005 15 0.001 7 0.005 14 Total ....................................................... 12.1 15.0 53.9 104.8 38.9 92.8 1.7 2.1 7.7 14.9 5.5 13.2 Note: Values in red in net cost savings columns indicate costs. Low net cost savings for each amendment are determined by subtracting the highest costs from the lowest cost savings. High net cost savings are determined by subtracting the lowest costs from the highest cost savings. ddrumheller on DSK120RN23PROD with PROPOSALS2 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’’) 27 and the Presidential memorandum (‘‘Preemption’’) that was published in the Federal Register on May 22, 2009.28 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, 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 27 64 28 74 FR 43255 (Aug. 10, 1999). FR 24693 (May 22, 2009). VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 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 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 with Indian Tribal Governments’’) 29 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 preliminarily 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 to not 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. 29 65 E:\FR\FM\30MYP2.SGM FR 67249 (Nov. 9, 2000). 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 34596 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules 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’’) 30 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.31 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, packaging manufacturers, distributors, and training companies. As discussed at length in the PRIA found 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 30 67 FR 53461 (Aug. 16, 2002). ‘‘Rulemaking Requirements Related to Small Entities,’’ www.transportation.gov/ regulations/rulemaking-requirements-concerningsmall-entities. 31 DOT, VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 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 some amendments that may impact OMB Control Number 2137–0034, such as the requirement to indicate the use of Special Provisions A54 on the shipping papers, however PHMSA expects the overall impact to annual paperwork burden is negligible in relation to the number of burden hours currently associated with this information collection. While PHMSA expects this proposal 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. Additionally, PHMSA is revising § 173.185(c)(4) to require that shippers and carriers of small lithium batteries not contained in equipment have shipping papers and perform NOPIC checks when transported by air. PHMSA estimates that 45 domestic airlines transporting 4,044 shipments of affected lithium batteries may be affected by this provision. PHMSA estimates a burden increase of 16 minutes per shipment, or 64,704 minutes (1,078 hours) in the first year. PHMSA estimates the increased burden for this information collection as follows: OMB Control No. 2137–0034: Hazardous Materials Shipping Papers & Emergency Response Information Annual increase in number of respondents: 45. Annual increase in number of responses: 4,044. PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 Annual increase in burden hours: 1,078. Increase in Annual Burden Cost: $0. PHMSA accounts for the burden from approval applications in OMB Control Number 2137–0557, ‘‘Approvals for Hazardous Materials.’’ PHMSA also proposes to add new entries to the § 173.224 Self Reactives Table and § 173.225 Organic Peroxide Table, which PHMSA expects estimates 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. Based on estimates provided in the PRIA, PHMSA estimates that this proposal would reduce the number of approvals by one annually. PHMSA estimates the reduction in this information collection as follows: OMB Control No. 2137–0057: Approvals for Hazardous Materials Decrease in Annual Number of Respondents: 1 Decrease in Annual Responses: 1 Decrease in Annual Burden Hours: 4.75 Decrease in Annual Burden Cost: $0 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, 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. 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 E:\FR\FM\30MYP2.SGM 30MYP2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules 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 is not expected to 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. ddrumheller on DSK120RN23PROD with PROPOSALS2 H. 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 if 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. This Environmental Assessment incorporates by reference the analysis discussing safety impacts that is included in the preamble language above. 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 VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 introduced in this rulemaking are those 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 is incorporated by reference in this discussion of the environmental impacts of the Proposed Action Alternative), PHMSA expects that 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 of 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 22nd revised edition of the UN Model Regulations, the 2023–2024 ICAO Technical Instructions and amendment 41–22 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 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 34597 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. PHMSA expects that the No Action Alternative could have a modest impact on GHG emissions. Because PHMSA expects that the differences between the HMR and international standards for transportation of hazardous materials 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) reshipment 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. 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 E:\FR\FM\30MYP2.SGM 30MYP2 34598 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules 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 components of lithium battery technologies) and facilitate safe shipment of hazardous materials. PHMSA expects that the Proposed Action Alternative could realize modest reductions in GHG emissions. Because PHMSA expects that 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) reshipment 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. 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. ddrumheller on DSK120RN23PROD with PROPOSALS2 4. Agencies Consulted PHMSA has coordinated with FAA, FMCSA, FRA, and USCG 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 VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 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. I. 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’’),32 13985 (‘‘Advancing Racial Equity and Support for Underserved Communities Through the Federal Government’’),33 13990 (‘‘Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis’’),34 and 14008 (‘‘Tackling the Climate Crisis at Home and Abroad’’) 35 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. 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 32 59 FR 7629 (Feb. 11, 1994). FR 7009 (Jan. 20, 2021). 34 86 FR 7037 (Jan. 20, 2021). 35 86 FR 7619 (Feb. 1, 2021). community. And because PHMSA expects the rulemaking would not adversely affect the safe transportation of hazardous materials generally, PHMSA does not expect that 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. J. 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 and including any personal information that the commenter includes, in the system of records notice. DOT’s complete Privacy Act Statement is in the Federal Register published on April 11, 2000,36 or on DOT’s website at https://www.dot.gov/ privacy. K. Executive Order 13609 and International Trade Analysis Executive Order 13609 (‘‘Promoting International Regulatory Cooperation’’) 37 requires that agencies consider whether the impacts associated with significant variations between domestic and international regulatory 33 86 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 36 65 37 77 E:\FR\FM\30MYP2.SGM FR 19477 (Apr. 11, 2000). FR 26413 (May 4, 2012). 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules 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 Order 13609 and PHMSA’s obligations under the Trade Agreements Act. 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. L. National Technology Transfer and Advancement Act The National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) 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 49 CFR Part 172 Education, Hazardous materials transportation, Hazardous waste, Incorporation by reference, Labeling, Markings, Packaging and containers, Reporting and recordkeeping requirements. VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 M. Executive Order 13211 Executive Order 13211 (‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’) 38 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, Reporting and recordkeeping requirements. 49 CFR Part 173 Hazardous materials transportation, Incorporation by reference, Packaging and containers, Radioactive materials, 38 66 PO 00000 FR 28355 (May 22, 2001). Frm 00033 Fmt 4701 Sfmt 4702 34599 Reporting and recordkeeping requirements. 49 CFR Part 175 Air carriers, Hazardous materials transportation, Incorporation by reference, Radioactive materials, Reporting and recordkeeping requirements. 49 CFR Part 176 Cargo vessels, Hazardous materials transportation, Incorporation by reference, Maritime carriers, 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, Incorporation by reference, Motor carriers, Motor vehicle safety, Packaging and containers, 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. In § 171.7: a. Revise paragraphs (t)(1), (v)(2); and (w)(32) through (81); ■ b. Add paragraphs (w)(82) through (92); and ■ c. Revise paragraphs (aa)(3) and (dd)(1) through (4). The revisions and additions read as follows: ■ ■ § 171.7 Reference material. * * * * * (t) * * * (1) ICAO Doc 9284 Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), 2023–2024 Edition, copyright 2021; into §§ 171.8; 171.22 through 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 E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 34600 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules Amendment 41–22 (English Edition), Volumes 1 and 2, 2022 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) * * * (32) ISO 9809–1:2019(E), Gas cylinders—Design, construction and testing of refillable seamless steel gas cylinders and tubes—Part 1: Quenched and tempered steel cylinders and tubes with tensile strength less than 1100 Mpa, Third Edition, 2019–08–01; into §§ 178.37; 178.71; 178.75. (33) ISO 9809–2:2000(E): Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 2: Quenched and tempered steel cylinders with tensile strength greater than or equal to 1 100 MPa., First edition, June 2000; into §§ 178.71; 178.75. (34) ISO 9809–2:2010(E): Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 2: Quenched and tempered steel cylinders with tensile strength greater than or equal to 1100 MPa., Second edition, 2010–04–15; into §§ 178.71; 178.75. (35) ISO 9809–2:2019(E): Gas cylinders—Design, construction and testing of refillable seamless steel gas cylinders and tubes—Part 2: Quenched and tempered steel cylinders and tubes with tensile strength greater than or equal to 1100 MPa, Third edition, 2019– 08; into §§ 178.71; 178.75. (36) ISO 9809–3:2000(E): Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 3: Normalized steel cylinders, First edition, December 2000; into §§ 178.71; 178.75. (37) ISO 9809–3:2010(E): Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 3: Normalized steel cylinders, Second edition, 2010–04–15; into §§ 178.71; 178.75. (38) ISO 9809–3:2019(E), Gas cylinders—Design, construction and testing of refillable seamless steel gas cylinders and tubes—Part 3: Normalized steel cylinders and tubes, Third edition, 2018–08; into §§ 178.71; 178.75. (39) ISO 9809–4:2014(E), Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 4: Stainless steel cylinders with an Rm value of less than 1 100 MPa, First edition, 2014–07–15; into §§ 178.71; 178.75. (40) ISO 9978:1992(E)—Radiation protection—Sealed radioactive sources—Leakage test methods. First VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 Edition, (February 15, 1992); into § 173.469. (41) 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; into § 173.115. (42) ISO 10297:1999(E), Gas cylinders—Refillable gas cylinder valves—Specification and type testing, First Edition, 1995–05–01; into §§ 173.301b; 178.71. (43) ISO 10297:2006(E), Transportable gas cylinders—Cylinder valves— Specification and type testing, Second Edition, 2006–01–15; into §§ 173.301b; 178.71. (44) ISO 10297:2014(E), Gas cylinders—Cylinder valves— Specification and type testing, Third Edition, 2014–07–15; into §§ 173.301b; 178.71. (45) 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. (46) 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. (47) ISO 10462:2013(E), Gas cylinders—Acetylene cylinders— Periodic inspection and maintenance, Third Edition, 2013–12–15; into § 180.207. (48) ISO 10462:2013/Amd 1:2019(E), ‘‘Gas cylinders—Acetylene cylinders— Periodic inspection and maintenance— Amendment 1, Third Edition, 2019–06; into § 180.207. (49) 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. (50) 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. (51) 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; into §§ 172.102, 173.301b, 178.71. (52) ISO 11114–2:2013(E), Gas cylinders—Compatibility of cylinder and valve materials with gas contents— Part 2: Non-metallic materials, Second PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 edition, 2013–04; into §§ 173.301b; 178.71. (53) 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. (54) ISO 11117:2008(E): Gas cylinders—Valve protection caps and valve guards—Design, construction and tests, Second edition, 2008–09–01; into § 173.301b. (55) 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. (56) ISO 11117:2019(E), ‘‘Gas cylinders—Valve protection caps and guards—Design, construction and tests, 2019–11–01; into § 173.301b. (57) ISO 11118(E), Gas cylinders— Non-refillable metallic gas cylinders— Specification and test methods, First edition, October 1999; into § 178.71. (58) ISO 11118:2015(E), Gas cylinders—Non-refillable metallic gas cylinders—Specification and test methods, Second edition, 2015–09–15; into §§ 173.301b; 178.71. (59) ISO 11118:2015/Amd 1:2019(E), Gas cylinders—Non-refillable metallic gas cylinders—Specification and test methods—Amendment 1, Second edition, 2019–10; into §§ 173.301b; 178.71. (60) 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. (61) 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. (62) ISO 11119–2(E), Gas cylinders— Gas cylinders of composite construction—Specification and test methods—Part 2: Fully wrapped fibre reinforced composite gas cylinders with load-sharing metal liners, First edition, May 2002; into § 178.71. (63) 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. (64) ISO 11119–2:2012/ Amd.1:2014(E), Gas cylinders— E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules 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. (65) 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. (66) 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. (67) 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, 2016–02–15; into § 178.71; 178.75. (68) ISO 11120(E), Gas cylinders— Refillable seamless steel tubes of water capacity between 150 l and 3000 l— Design, construction and testing, First edition, 1999–03; into §§ 178.71; 178.75. (69) 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. (70) 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. (71) ISO 11513:2019(E), Gas cylinders—Refillable welded steel cylinders containing materials for subatmospheric gas packaging (excluding acetylene)—Design, construction, testing, use and periodic inspection, Second edition, 2019–09; into §§ 173.302c; 178.71; 180.207. (72) ISO 11621(E), Gas cylinders— Procedures for change of gas service, First edition, April 1997; into §§ 173.302, 173.336, 173.337. (73) ISO 11623(E), Transportable gas cylinders—Periodic inspection and testing of composite gas cylinders, First edition, March 2002; into § 180.207. (74) ISO 11623:2015 (E), Gas cylinders—Composite construction— VerDate Sep<11>2014 19:28 May 26, 2023 Jkt 259001 Periodic inspection and testing, Second edition, 2015–12–01; into § 180.207. (75) ISO 13340:2001(E), Transportable gas cylinders—Cylinder valves for nonrefillable cylinders—Specification and prototype testing, First edition, 2004– 04–01; into § 178.71. (76) ISO 13736:2008(E), Determination of flash point—Abel closed-cup method, Second Edition, 2008–09–15; into § 173.120. (77) ISO 14246:2014(E), Gas cylinders—Cylinder valves— Manufacturing tests and examination, Second Edition, 2014–06–15; into § 178.71. (78) ISO 14246:2014/Amd 1:2017(E), Gas cylinders—Cylinder valves— Manufacturing tests and examinations— Amendment 1, Second Edition, 2017– 06; into § 178.71. (79) 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. (80) ISO 16111:2018(E), Transportable gas storage devices—Hydrogen absorbed in reversible metal hydride, Second Edition, 2018–08; into §§ 173.301b; 173.311; 178.71. (81) 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. (82) ISO 17871:2015(E), Gas cylinders—Quick-release cylinder valves—Specification and type testing, First Edition, 2015–08–15; into § 173.301b. (83) ISO 17871:2020(E), Gas cylinders—Quick-release cylinder valves—Specification and type testing, Second Edition, 2020–07; into § 173.301b. (84) ISO 17879: 2017(E), Gas cylinders—Self-closing cylinder valves—Specification and type testing, First Edition, 2017–07; into §§ 173.301b; 178.71. (85) 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. (86) ISO 20475:2018(E), Gas cylinders—Cylinder bundles—Periodic inspection and testing, First Edition, 2018–02; into § 180.207. (87) ISO 20703:2006(E), Gas cylinders—Refillable welded aluminum-alloy cylinders—Design, construction and testing, First Edition, 2006–05–01; into § 178.71. (88) ISO 21172–1:2015(E), Gas cylinders—Welded steel pressure drums PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 34601 up to 3,000 litres capacity for the transport of gases—Design and construction—Part 1: Capacities up to 1,000 litres, First edition, 2015–04–01; into § 178.71. (89) ISO 21172–1:2015/Amd 1:2018(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 1,000 litres— Amendment 1, First Edition, 2018–11– 01; into § 178.71. (90) ISO 22434:2006(E), Transportable gas cylinders—Inspection and maintenance of cylinder valves, First Edition, 2006–09–01; into § 180.207. (91) ISO 23088:2020, Gas cylinders— Periodic inspection and testing of welded steel pressure drums— Capacities up to 1,000 l, First Edition, 2020–02; into § 180.207. (92) ISO/TR 11364:2012(E), Gas cylinders—Compilation of national and international valve stem/gas cylinder neck threads and their identification and marking system, First Edition, 2012–12–01; into § 178.71. * * * * * (aa) * * * (3) Test No. 439: In Vitro Skin Irritation: Reconstructed Human Epidermis (RHE) Test Method, OECD Guidelines for the Testing of Chemicals, 29 July 2015; into § 173.137. * * * * * (dd) * * * (1) UN Recommendations on the Transport of Dangerous Goods, Model Regulations (UN Recommendations), 22nd revised edition, (2021); 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 as follows: (i) Volume I, ST/SG/AC.10/1/Rev.22 (Vol. I). (ii) Volume II, ST/SG/AC.10/1/Rev.22 (Vol. II). (2) Manual of Tests and Criteria; 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 as follows: (i) Seventh revised edition (2019). (ii) Seventh revised edition, Amendment 1 (2021). (3) Globally Harmonized System of Classification and Labelling of Chemicals (GHS), 9th revised edition, ST/SG/AC.10/30/Rev.9 (2021); into § 172.401. (4) Agreement concerning the International Carriage of Dangerous E:\FR\FM\30MYP2.SGM 30MYP2 34602 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules Goods by Road (ADR), copyright 2020; into § 171.23 as follows: (i) Volume I, ECE/TRANS/300 (Vol. I). (ii) Volume II, ECE/TRANS/300 (Vol. II). (iii) Corrigendum, ECE/TRANS/300 (Corr. 1). * * * * * ■ 3. In § 171.12, revise paragraph (a)(4)(iii) to read as follows: § 171.12 * TC–3AM .......................................................... TC–3AAM ....................................................... TC–3ANM ....................................................... TC–3EM .......................................................... TC–3HTM ....................................................... TC–3ALM ........................................................ TC–3AXM ....................................................... TC–3AAXM ..................................................... TC–3TM .......................................................... TC–4AAM33 ................................................... TC–4BM .......................................................... TC–4BM17ET ................................................. TC–4BAM ....................................................... TC–4BWM ...................................................... TC–4DM .......................................................... TC–4DAM ....................................................... TC–4DSM ....................................................... TC–4EM .......................................................... TC–39M .......................................................... TC–4LM .......................................................... TC–8WM ......................................................... TC8–WAM ...................................................... * * * * * 4. In § 171.23, revise paragraph (a)(3) to read as follows: ■ ddrumheller on DSK120RN23PROD with PROPOSALS2 § 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 cylinders. Cylinders with a water capacity not exceeding 150 L and 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 Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) (IBR, see § 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: (i) Filled cylinders imported for intermediate storage, transport to point of use, discharge, and export without further filling; and 18:06 May 26, 2023 North American Shipments. * * * CTC (some or all of these specifications may instead be marked with the prefix BTC or CRC) DOT (some or all of these specifications may instead be marked with the prefix ICC) TC VerDate Sep<11>2014 * (a) * * * (4) * * * (iii) Authorized CRC, BTC, CTC or TC specification cylinders that correspond with a DOT specification cylinder are as follows: Jkt 259001 DOT–3A [ICC–3] ................................................ DOT–3AA ........................................................... DOT–3BN .......................................................... DOT–3E ............................................................. DOT–3HT ........................................................... DOT–3AL ........................................................... DOT–3B ............................................................. DOT–3AX ........................................................... DOT–3AAX ........................................................ DOT–3A480X ..................................................... DOT–3T ............................................................. DOT–4AA480 ..................................................... DOT–4B ............................................................. DOT–4B240ET .................................................. DOT–4BA ........................................................... DOT–4BW .......................................................... DOT–4D ............................................................. DOT–4DA .......................................................... DOT–4DS .......................................................... DOT–4E ............................................................. DOT–39 ............................................................. DOT–4L ............................................................. DOT–8 ............................................................... DOT–8AL ........................................................... (ii) Cylinders imported or domestically sourced for the purpose of filling, intermediate storage, and export. (iii) The bill of lading or other shipping paper must identify the cylinder and include the following certification: ‘‘This cylinder (These cylinders) conform(s) to the requirements for pi-marked cylinders found in § 171.23(a)(3).’’ * * * * * ■ 5. In § 171.25: ■ a. Revise paragraphs (c)(3) and (4); and ■ b. Add paragraph (c)(5). To read as follows: § 171.25 Conditions and requirements for bulk packagings. * * * * * (c) * * * (3) Except as specified in this subpart, for a material poisonous (toxic) by inhalation, the T Codes specified in Column 13 of the Dangerous Goods List in the IMDG Code may be applied to the transportation of those materials in IM, IMO, and DOT Specification 51 portable tanks, when these portable tanks are authorized in accordance with the requirements of this subchapter; PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 CTC–3A. CTC–3AA CTC–3BN. CTC–3E. CTC–3HT. CTC–3AL. CTC–3B. CTC–3AX. CTC–3AAX. CTC–3A480X. CTC–4AA480. CTC–4B. CTC–4B240ET. CTC–4BA. CTC–4BW. CTC–4D. CTC–4DA. CTC–4DS. CTC–4E. CTC–39. CTC–4L. CTC–8. CTC–8AL. (4) No person may offer an IM or UN portable tank containing liquid hazardous materials of Class 3, PG I or II, or PG III with a flash point less than 100 °F (38 °C); Division 5.1, PG I or II; or Division 6.1, PG I or II, for unloading while it remains on a transport vehicle with the motive power unit attached, unless it conforms to the requirements in § 177.834(o) of this subchapter; and (5) No person may offer a UN fiberreinforced plastic portable tank meeting the provisions of Chapter 6.10 of the IMDG Code (IBR, see § 171.7), except for transportation falling within the single port area criteria in paragraph (d) of this section. * * * * * 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. E:\FR\FM\30MYP2.SGM 30MYP2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules 7. In 172.101: a. Revise paragraph (c)(12)(ii); and b. In the Hazardous Materials Table, amend 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. ddrumheller on DSK120RN23PROD with PROPOSALS2 (c) * * * (12) * * * (ii) Generic or n.o.s. descriptions. If an appropriate technical name is not VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 shown in the Table, selection of a proper shipping name shall be made from the generic or n.o.s. descriptions corresponding to the specific hazard class, packing group, hazard zone, or subsidiary hazard, if any, for the material. The name that most appropriately describes the material shall be used, e.g., an alcohol not listed by its technical name in the Table shall be described as ‘‘Alcohol, n.o.s.’’ rather than ‘‘Flammable liquid, n.o.s.’’ Some mixtures may be more appropriately described according to their application, such as ‘‘Coating solution’’ or ‘‘Extracts, liquid, for flavor or aroma,’’ rather than PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 34603 by an n.o.s. entry, such as ‘‘Flammable liquid, n.o.s.’’ It should be noted, however, that an n.o.s. description as a proper shipping name may not provide sufficient information for shipping papers and package markings. Under the provisions of subparts C and D of this part, the technical name of one or more constituents which makes the product a hazardous material may be required in association with the proper shipping name. * * * * * BILLING CODE 4910–60–P E:\FR\FM\30MYP2.SGM 30MYP2 VerDate Sep<11>2014 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules 18:06 May 26, 2023 Jkt 259001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4725 E:\FR\FM\30MYP2.SGM 30MYP2 EP30MY23.000</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 34604 VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4725 E:\FR\FM\30MYP2.SGM 30MYP2 34605 EP30MY23.001</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules BILLING CODE 4910–60–C * ■ VerDate Sep<11>2014 18:06 May 26, 2023 a. Revise special provisions 78, 156, 387; ■ b. Add special provisions 396, 398; ■ * * * * 8. In § 172.102 paragraph (c)(1): Jkt 259001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 c. Remove and reserve special provision 421; ■ d. Add special provision 441; ■ e. Revise special provision A54 and; ■ E:\FR\FM\30MYP2.SGM 30MYP2 EP30MY23.002</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 34606 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules f. Add special provisions A224, A225, IP15, IP22 in numerical order. The additions and revisions read as follows: ■ § 172.102 Special provisions. ddrumheller on DSK120RN23PROD with PROPOSALS2 * * * * * (c) * * * (1) * * * 78 Mixtures of nitrogen and oxygen containing not less than 19.5% and not more than 23.5% oxygen by volume may be transported under this entry when no other oxidizing gases are present. A Division 5.1 subsidiary hazard label is not required for any concentrations within this limit. Compressed air containing greater than 23.5% oxygen by volume must be shipped using the description ‘‘Compressed gas, oxidizing, n.o.s., UN3156.’’ * * * * * 156 Asbestos that is immersed or fixed in a natural or artificial binder material, such as cement, plastic, asphalt, resins, or mineral ore, or contained in manufactured products, is not subject to the requirements of this subchapter, except that when transported by air, an indication of compliance with this special provision must be provided by including the words ‘‘not restricted’’ on a shipping paper, such as an air waybill accompanying the shipment. * * * * * 387 When materials are stabilized by temperature control, the provisions of § 173.21(f) of this subchapter apply. When chemical stabilization is employed, the person offering the material for transport shall ensure that the level of stabilization is sufficient to prevent the material as packaged from dangerous polymerization at 50 °C (122 °F). If chemical stabilization becomes ineffective at lower temperatures within the anticipated duration of transport, temperature control is required and is forbidden by aircraft. In making this determination factors to be taken into consideration include, but are not limited to, the capacity and geometry of the packaging and the effect of any insulation present; the temperature of the material when offered for transport; the duration of the journey and the ambient temperature conditions typically encountered in the journey (considering also the season of year); the effectiveness and other properties of the stabilizer employed; applicable operational controls imposed by regulation (e.g., requirements to protect from sources of heat, including other VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 cargo carried at a temperature above ambient); and any other relevant factors. * * * * * 396 Large and robust articles may be transported with connected gas cylinders with the valves open regardless of § 173.24(b)(1), provided: a. the gas cylinders contain nitrogen of UN 1066 or compressed gas of UN 1956 or compressed air of UN1002; b. the gas cylinders are connected to the article through pressure regulators and fixed piping in such a way that the pressure of the gas (gauge pressure) in the article does not exceed 35 kPa (0.35 bar); c. the gas cylinders are properly secured so that they cannot shift in relation to the article and are fitted with strong and pressure resistant hoses and pipes; d. the gas cylinders, pressure regulators, piping, and other components are protected from damage and impacts during transport by wooden crates or other suitable means; e. the shipping paper must include the following statement: ‘‘Transport in accordance with special provision 396.’’; and f. cargo transport units containing articles transported with cylinders with open valves containing a gas presenting a risk of asphyxiation are well ventilated. * * * * * 398 This entry applies to 1-butylene, cis-2-butylene and trans-2-butylene, and mixtures of butylenes. For isobutylene, see UN 1055. * * * * * 421 [Reserved] 441 Mixtures of fluorine and nitrogen with a fluorine concentration below 35% by volume may be filled in pressure receptacles up to a maximum allowable working pressure for which the partial pressure of fluorine does not exceed 31 bar (abs.). Working pressure (bar)<31/χφ¥1, in which xf = fluorine concentration in % by volume/100. Mixtures of fluorine and inert gases with a fluorine concentration below 35% by volume may be filled in pressure receptacles up to a maximum allowable working pressure for which the partial pressure of fluorine does not exceed 31 bar (abs.), additionally taking the coefficient of nitrogen equivalency in accordance with ISO 10156:2017 into account when calculating the partial pressure. Working pressure (bar)<31χφ(χφ+Κκ×χκ)¥1, in which xf = fluorine concentration in % by volume/100; Kk = coefficient of PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 34607 equivalency of an inert gas relative to nitrogen (coefficient of nitrogen equivalency); xk = inert gas concentration in % by volume/100; Κκ = coefficient of equivalency of an inert gas relative to nitrogen (coefficient of nitrogen equivalency); χκ = inert gas concentration in % by volume/100. However, the working pressure for mixtures of fluorine and inert gases shall not exceed 200 bar. The minimum test pressure of pressure receptacles for mixtures of fluorine and inert gases equals 1.5 times the working pressure or 200 bar, with the greater value to be applied. * * * * * A54 Irrespective of the quantity limits in Column 9B of the § 172.101 table, a lithium battery, including a lithium battery packed with, or contained in, equipment that otherwise meets the applicable requirements of § 173.185, may have a mass exceeding 35 kg if approved by the Associate Administrator prior to shipment in accordance with this special provision must be noted on the shipping papers. * * * * * A224 UN3548, Articles containing miscellaneous dangerous goods, n.o.s. may be transported on passenger and cargo aircraft, irrespective of the indication of ‘‘forbidden’’ in Columns (9A) and (9B) of the Hazardous Materials Table, provided: (a) the only dangerous good contained in the article is an environmentally hazardous substance, or lithium cells or batteries that comply with § 173.185; (b) the articles are packed in accordance with § 173.232; and (c) reference to Special Provision A224 is made on the shipping paper. * * * * * A225 UN3538, Articles containing non-flammable, non-toxic gas, n.o.s. may be transported on passenger and cargo aircraft irrespective of the indication of ‘‘forbidden’’ in Columns (9A) and (9B) of the Hazardous Materials Table, provided: (a) the only dangerous good contained in the article is a Division 2.2 gas without a subsidiary hazard, but excluding refrigerated liquefied gases and gases forbidden for transport on passenger aircraft, or lithium cells or batteries that comply with § 173.185; (b) the articles are packed in accordance with § 173.232 and limited to a maximum net quantity of gas of 75 kg by passenger aircraft and 150 kg by cargo aircraft; and (c) reference to Special Provision A225 is made on the shipping paper. * * * * * E:\FR\FM\30MYP2.SGM 30MYP2 34608 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules IP15 For UN2031 with more than 55% nitric acid, the permitted use of rigid plastic IBCs, and the inner receptacle of composite IBCs with rigid plastics, shall be two years from their date of manufacture. * * * * * IP22 UN3550 may be transported in flexible IBCs (13H3 or 13H4) with siftproof liners to prevent any egress of dust during transport. * * * * * PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 9. The authority citation for part 173 continues to read as follows: ■ § 173.21 Forbidden materials and packages. Authority: 49 U.S.C. 5101–5128, 44701; 49 CFR 1.81, 1.96, and 1.97. 10. In § 173.4b, revise paragraph (b)(1) to read as follows: ■ § 173.4b * De minimis exceptions. * * (b) * * * * (1) The specimens are: (i) Wrapped in a paper towel or cheesecloth moistened with alcohol, an alcohol solution, or a formaldehyde solution and placed in a plastic bag that is heat-sealed. Any free liquid in the bag must not exceed 30 mL; or (ii) Placed in vials or other rigid containers with no more than 30 mL of alcohol, an alcohol solution, or a formaldehyde solution. The containers are placed in a plastic bag that is heatsealed; * * * * * ■ 11. In § 173.21 revise paragraphs (f) introductory text, (f)(1), and (f)(2) to read as follows: * * * * * * (f) A package containing a material which is likely to decompose with a self-accelerated decomposition temperature (SADT) or polymerize with a self-accelerated polymerization temperature (SAPT) of 50 °C (122 °F) or less, or 45 °C (113 °F) or less when offered for transportation in portable tanks, with an evolution of a dangerous quantity of heat or gas when decomposing or polymerizing, unless the material is stabilized or inhibited in a manner to preclude such evolution. For organic peroxides see paragraph (f)(2) of this section. The SADT and SAPT may be determined by any of the test methods described in Part II of the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter). (1) A package meeting the criteria of paragraph (f) of this section may be required to be shipped under controlled temperature conditions. The control temperature and emergency temperature for a package shall be as specified in Table 1 in this paragraph based upon the SADT or SAPT of the material. The control temperature is the temperature above which a package of the material may not be offered for transportation or transported. The emergency temperature is the temperature at which, due to imminent danger, emergency measures must be initiated. TABLE 1 TO PARAGRAPH (f)(1)—DERIVATION OF CONTROL AND EMERGENCY TEMPERATURE Type of receptacle SADT/SAPT 1 Control temperatures Single packagings and IBCs. Single packagings and IBCs. Single packagings and IBCs. Single packagings and IBCs. Portable tanks .................. Portable tanks .................. SADT/SAPT ≤20 °C (68 °F) .............. 20 °C (36 °F) below SADT/SAPT ..... 10 °C (18 °F) below SADT/SAPT. 20 °C (68 °F) <SADT/SAPT ≤35 °C (95 °F). 35 °C (95 °F) <SADT/SAPT ≤50 °C (122 °F). 50 °C (122 °F) <SADT/SAPT ............ 15 °C (27 °F) below SADT/SAPT ..... 10 °C (18 °F) below SADT/SAPT. 10 °C (18 °F) below SADT/SAPT ..... 5 °C (9 °F) below SADT/SAPT. (2) ....................................................... (2) SADT/SAPT ≤45 °C (113 °F) ............ 45 °C (113 °F) <SADT/SAPT ............ 10 °C (18 °F) below SADT/SAPT ..... (2) ....................................................... 5 °C (9 °F) below SADT/SAPT. (2) Emergency temperature 1 Self-accelerating ddrumheller on DSK120RN23PROD with PROPOSALS2 2 Temperature decomposition temperature or Self-accelerating polymerization temperature. control not required. (2) For hazardous materials listed in the Self-Reactive Materials Table in § 173.224(b), control and emergency temperatures, where required, are shown in Columns 5 and 6, respectively. For hazardous materials listed in the Organic Peroxide Table in § 173.225, control and emergency temperatures, where required, are shown in Columns 7a and 7b of the table, respectively. In addition, the following organic peroxides shall be subjected to temperature control during transport: (i) Organic peroxides type B and C with a SADT ≤50 °C; (ii) Organic peroxides type D showing a medium effect when heated under confinement, as determined by test series E in Part II of the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter), with a SADT ≤50 °C or showing a low or no effect when heated VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 under confinement with a SADT ≤ 45 °C; and (iii) Organic peroxides types E and F with a SADT ≤45 °C. * * * * * 12. In § 173.27, revise paragraph (f)(2)(i)(D) to read as follows: § 173.27 General requirements for transportation by aircraft. * * * * * (f) * * * (2) * * * (i) * * * (D) Divisions 4.1 (self-reactive and UN2555, UN2556, UN2557, UN2907), 4.2 (spontaneously combustible) (primary or subsidiary risk), and 4.3 (dangerous when wet) (liquids); * * * * * § 173.124 [Amended] 13. In § 173.124, remove paragraph (a)(4)(iv). ■ PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 14. In § 173.137, revise the introductory text to read as follows: ■ § 173.137 group. Class 8—Assignment of packing The packing group of a Class 8 material is indicated in Column 5 of the table to § 172.101(of this subchapter). When the table to § 172.101 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). Alternatively, a substance or mixture may be considered not corrosive to human skin for the purposes of this E:\FR\FM\30MYP2.SGM 30MYP2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules subchapter following testing in accordance with OECD Guideline for the Testing of Chemicals Test No. 430, ‘‘In Vitro Skin Corrosion: Transcutaneous Electrical Resistance test (TER)’’ (IBR, see § 171.7 of this subchapter), Test No. 431, ‘‘In Vitro Skin Corrosion: Reconstructed Human Epidermis (RHE) Test Method’’ (IBR, see § 171.7 of this subchapter), or Test No. 439, ‘‘In Vitro Skin Irritation: Reconstructed Human Epidermis Test Method’’ (IBR, see § 171.7 of this subchapter). However, if the substance or mixture is determined to be corrosive in accordance with Test No. 430 or Test No. 439, the material may be assigned to Packing Group I or must be further tested using Test No. 435 or Test No. 404 to determine the packaging group assignment. If the results of Test No. 431 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 must be assigned to Packing Group II unless further testing is performed. The packing group assignment using data obtained from tests conducted in accordance with OECD Guideline Test No. 404 must be as follows: * * * * * ■ 15. Revise § 173.167 to read as follows: ddrumheller on DSK120RN23PROD with PROPOSALS2 § 173.167 ID8000 consumer commodities. Packages prepared under the requirements of this section may be offered for transportation and transported by all modes. (a) Applicability. This section applies to limited quantities of ‘‘consumer commodity’’ material (see § 171.8 of this subchapter). Materials eligible for transportation in accordance with this section are articles or substances of Class 2 (non-toxic aerosols only), Class 3 (Packing Group II and III only), Division 6.1 (Packing Group III only), UN3077, UN3082, UN3175, UN3334, and UN3335, provided such materials do not have a subsidiary risk and are authorized aboard a passenger-carrying aircraft. The outer packaging for consumer commodities is not subject to the specification packaging requirements of this subchapter. Except as indicated in § 173.24(i), each completed package must conform to §§ 173.24 and 173.24a of this subchapter. Additionally, except for the pressure differential requirements in § 173.27(c), the requirements of § 173.27 do not apply to packages prepared in accordance with this section. As applicable, the following apply: (1) Inner and outer packaging quantity limits. VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 (i) Non-toxic aerosols, as defined in § 171.8 of this subchapter and constructed in accordance with § 173.306 of this part, in non-refillable, non-metal containers not exceeding 120 mL (4 fluid ounces) each, or in nonrefillable metal containers not exceeding 820 mL (28 fluid ounces) each, except that flammable aerosols may not exceed 500 mL (16.9 fluid ounces) each; (ii) Liquids, in inner packagings not exceeding 500 mL (16.9 fluid ounces) each. Liquids must not completely fill an inner packaging at 55 °C; (iii) Solids, in inner packagings not exceeding 500 g (1.0 pounds) each; or (iv) Any combination thereof not to exceed 30 kg (66 pounds) gross weight as prepared for shipment. (2) Closures. Friction-type closures must be secured by positive means. The body and closure of any packaging must be constructed so as to be able to adequately resist the effects of temperature and vibration occurring in conditions normally incident to air transportation. The closure device must be so designed that it is unlikely that it can be incorrectly or incompletely closed. (3) Absorbent material. Inner packagings must be tightly packaged in strong outer packagings. Absorbent and cushioning material must not react dangerously with the contents of inner packagings. For glass or earthenware inner packagings containing liquids of Class 3 or Division 6.1, sufficient absorbent material must be provided to absorb the entire contents of the largest inner packaging contained in the outer packaging. Absorbent material is not required if the glass or earthenware inner packagings are sufficiently protected as packaged for transport that it is unlikely a failure would occur and, if a failure did occur, that it would be unlikely that the contents would leak from the outer packaging. (4) Drop test capability. Breakable inner packagings (e.g., glass, earthenware, or brittle plastic) must be packaged to prevent failure under conditions normally incident to transport. Packages of consumer commodities, as prepared for transport, must be capable of withstanding a 1.2 meter drop on solid concrete in the position most likely to cause damage. In order to pass the test, the outer packaging must not exhibit any damage liable to affect safety during transport and there must be no leakage from the inner packaging(s). (5) Stack test capability. Packages of consumer commodities must be capable of withstanding, without failure or leakage of any inner packaging and without any significant reduction in PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 34609 effectiveness, a force applied to the top surface, for a duration of 24 hours, equivalent to the total weight of identical packages if stacked to a height of 3.0 meters (including the test sample). (6) Hazard communication. Packages prepared under the requirements of this section are to be marked as a limited quantity, in accordance with § 172.315(b), and labeled as a Class 9 article or substance, as appropriate, in accordance with subpart E of part 172 of this subchapter; and (7) Pressure differential capability. Except for UN3082, inner packagings intended to contain liquids must be capable of meeting the pressure differential requirements (75 kPa) prescribed in § 173.27(c) of this part. The capability of a packaging to withstand an internal pressure without leakage that produces the specified pressure differential should be determined by successfully testing design samples or prototypes. (b) Highway, rail, and vessel hazard communication exceptions. Packages prepared in accordance with the requirements of this section: (1) are excepted from labeling when transported by highway, rail, and vessel; and (2) are excepted from shipping papers when transported by highway and rail. * * * * * ■ 16. In § 173.185: ■ a. Revise paragraph (a)(3) introductory text; ■ b. Add paragraph (a)(5), ■ c. Revise paragraphs (b)(3)(iii)(A) and (B); ■ d. Add paragraph (b)(3)(iii)(C); ■ e. Revise paragraphs (b)(4)(ii) (iii) ■ f. Add paragraph (b)(4)(iv); ■ g. Revise paragraphs (b)(5), (c)(3) through (5), and (e)(5) through (7). The amendments read as follows: § 173.185 Lithium cell and batteries. * * * * * (a) * * * (3) Each manufacturer and subsequent distributor of lithium cells or batteries, except for button cells installed in equipment (including circuit boards), manufactured on or after January 1, 2008, must make a test summary available. The test summary must include the following elements: * * * * * (5) Beginning [EFFECTIVE DATE OF FINAL RULE], each lithium ion battery must be marked with the Watt-hour rating on the outside case. * * * * * (b) * * * (3) * * * E:\FR\FM\30MYP2.SGM 30MYP2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules (iii) * * * (A) Be placed in inner packagings that completely enclose the cell or battery, then placed in a packaging of a type that meets the Packing Group II performance requirements as specified in paragraph (b)(3)(ii) of this section, and then placed with the equipment in a strong, rigid outer packaging; or (B) Be placed in inner packagings that completely enclose the cell or battery, then placed with the equipment in a packaging of a type that meets the Packing Group II performance requirements as specified in paragraph (b)(3)(ii) of this section. (C) For transportation by aircraft, the number of cells or batteries in each package is limited to the minimum number required to power the piece of equipment, plus two spare sets. A set of cells or batteries is the number of individual cells or batteries that are required to power each piece of equipment. (4) * * * (ii) Equipment must be secured to prevent damage caused by shifting within the outer packaging and be packed so as to prevent accidental operation during transport; (iii) Any spare lithium cells or batteries packed with the equipment must be packaged in accordance with paragraph (b)(3) of this section; and (iv) For transportation by aircraft, where multiple pieces of equipment are packed in the same outer packaging, each piece of equipment must be packed to prevent contact with other equipment. (5) Lithium cells or batteries that weigh 12 kg (26.5 pounds) or more and have a strong, impact-resistant outer casing, may be packed in strong outer packagings; in protective enclosures (for example, in fully enclosed or wooden slatted crates); or on pallets or other handling devices, instead of packages meeting the UN performance packaging requirements in paragraphs (b)(3)(ii) and (b)(3)(iii) of this section. Cells and batteries must be secured to prevent inadvertent shifting, and the terminals may not support the weight of other superimposed elements. Cells and batteries packaged in accordance with this paragraph may be transported by cargo aircraft if approved by the Associate Administrator. * * * * * (c) * * * (3) Lithium battery mark. Each package must display the lithium battery mark except when a package contains button cell batteries installed in equipment (including circuit boards), or no more than four lithium cells or two lithium batteries contained in equipment, where there are not more than two packages in the consignment. (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. (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; (B) The symbols and letters must be black on white or visible contrasting background and the hatching must be red; (C) The ‘‘*’’ must be replaced by the appropriate UN number(s); and (D) Where dimensions are not specified, all features shall be in approximate proportion to those shown. (ii) The lithium battery mark, in conformance with the requirements of this paragraph, in effect on [DATE VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\30MYP2.SGM 30MYP2 EP30MY23.003</GPH> ddrumheller on DSK120RN23PROD with PROPOSALS2 34610 34611 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules PRIOR TO THE EFFECTIVE DATE OF THE FINAL RULE], may continue to be used until December 31, 2026. (iii) When packages are placed in an overpack, the lithium battery mark shall either be clearly visible through the overpack or be reproduced on the outside of the overpack, and the overpack shall be marked with the word ‘‘OVERPACK.’’ The lettering of the ‘‘OVERPACK’’ mark shall be at least 12 mm (0.47 inches) high. (4) Air transportation for smaller lithium cells or batteries packed with, or contained in, equipment. (i) The number of cells or batteries in each package is limited to the minimum number required to power the piece of equipment, plus two spare sets, and the total net quantity (mass) of the lithium cells or batteries in the completed package must not exceed 5 kg. A set of cells or batteries is the number of individual cells or batteries that are required to power each piece of equipment. (ii) When packages are placed in an overpack, the packages must be secured within the overpack, and the intended function of each package must not be impaired by the overpack. (iii) Each shipment with packages required to display the paragraph (c)(3)(i) lithium battery mark must include an indication on the air waybill of compliance with this paragraph (c)(4) (or the applicable ICAO Technical Instructions Packing Instruction), when an air waybill is used. (iv) Each person who prepares a package for transport containing lithium cells or batteries, packed with, or contained in, equipment in accordance with the conditions and limitations of this paragraph (c)(4), must receive instruction on these conditions and limitations, corresponding to their functions. (5) Air transportation for smaller lithium cells and batteries. (i) A package prepared in accordance with the size limits in paragraph (c)(1) is subject to all applicable requirements of this subchapter, except that a package containing no more than 2.5 kg lithium metal cells or batteries, or 10 kg lithium ion cells or batteries, is not subject to the UN performance packaging requirements in paragraph (b)(3)(ii) of this section, when the package displays both the lithium battery mark in paragraph (c)(3)(i) and the Class 9 Lithium Battery label specified in § 172.447 of this subchapter. This paragraph does not apply to batteries or cells packed with, or contained in, equipment. (ii) Each package must be capable of withstanding, without damage to the cells or batteries contained therein and without any reduction of effectiveness, a force applied to the top surface equivalent to the total weight of identical packages stacked to a height of 3 (including the test sample) for a duration of 24 hours. * * * * * (e) * * * (5) Lithium batteries, including lithium batteries contained in equipment, that weigh 12 kg (26.5 pounds) or more and have a strong, impact-resistant outer casing, may be packed in strong outer packagings, in protective enclosures (for example, in fully enclosed or wooden slatted crates), or on pallets or other handling devices, instead of packages meeting the UN performance packaging requirements in paragraphs (b)(3)(ii) and (iii) of this section. The cell or battery must be secured to prevent inadvertent shifting, and the terminals may not support the weight of other superimposed elements; (6) Irrespective of the limit specified in Column (9B) of the § 172.101 Hazardous Materials Table, the cell or battery prepared for transport in accordance with this paragraph may have a mass exceeding 35 kg gross weight when transported by cargo aircraft; (7) Cells or batteries packaged in accordance with this paragraph are not permitted for transportation by passenger-carrying aircraft, and may be transported by cargo aircraft only if approved by the Associate Administrator prior to transportation; and * * * * * ■ 17. In § 173.224, ■ a. Revise paragraph (b)(4); ■ b. Designate the table immediately following paragraph (b) as table 1 to paragraph (b); and ■ c. Revise newly-designated table 1 to paragraph (b). The revisions read as follows: § 173.224 Packaging and control and emergency temperatures for self-reactive materials. * * * * * (b) * * * (4) Packing method. Column 4 specifies the highest packing method which is authorized for the self-reactive material. A packing method corresponding to a smaller package size may be used, but a packing method corresponding to a larger package size may not be used. The Table of Packing Methods in § 173.225(d) defines the packing methods. Bulk packagings for Type F self-reactive substances are authorized by § 173.225(f) for IBCs and § 173.225(h) for bulk packagings other than IBCs. The formulations not listed in this section but listed in § 173.225(e) for IBCs and in § 173.225(g) for portable tanks may also be transported packed in accordance with packing method OP8, with the same control and emergency temperatures, if applicable. Additional bulk packagings are authorized if approved by the Associate Administrator. * * * * * ddrumheller on DSK120RN23PROD with PROPOSALS2 TABLE 1 TO PARAGRAPH (b)—SELF-REACTIVE MATERIALS TABLE Self-reactive substance Identification No. Concentration— (%) Packing method Control temperature— (°C) Emergency temperature Notes (1) (2) (3) (4) (5) (6) (7) Acetone-pyrogallol copolymer 2-diazo-1naphthol-5-sulphonate ............................... Azodicarbonamide formulation type B, temperature controlled .................................... Azodicarbonamide formulation type C ......... Azodicarbonamide formulation type C, temperature controlled .................................... Azodicarbonamide formulation type D ......... Azodicarbonamide formulation type D, temperature controlled .................................... 2,2′-Azodi(2,4-dimethyl-4methoxyvaleronitrile) ................................. VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 PO 00000 3228 100 OP8 ........................ ........................ ................ 3232 3224 <100 <100 OP5 OP6 ........................ ........................ ........................ ........................ 1 ................ 3234 3226 <100 <100 OP6 OP7 ........................ ........................ ........................ ........................ 1 ................ 3236 <100 OP7 ........................ ........................ 1 3236 100 OP7 ¥5 +5 ................ Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\30MYP2.SGM 30MYP2 34612 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS2 TABLE 1 TO PARAGRAPH (b)—SELF-REACTIVE MATERIALS TABLE—Continued Self-reactive substance Identification No. Concentration— (%) Packing method Control temperature— (°C) Emergency temperature Notes (1) (2) (3) (4) (5) (6) (7) 2,2′-Azodi(2,4-dimethylvaleronitrile) .............. 2,2′-Azodi(ethyl 2-methylpropionate) ............ 1,1-Azodi(hexahydrobenzonitrile) ................. 2,2-Azodi(isobutyronitrile) ............................. 2,2′-Azodi(isobutyronitrile) as a water-based paste .......................................................... 2,2-Azodi(2-methylbutyronitrile) .................... Benzene-1,3-disulphonylhydrazide, as a paste .......................................................... Benzene sulphohydrazide ............................ 4-(Benzyl(ethyl)amino)-3ethoxybenzenediazonium zinc chloride .... 4-(Benzyl(methyl)amino)-3ethoxybenzenediazonium zinc chloride .... 3-Chloro-4-diethylaminobenzenediazonium zinc chloride .............................................. 2-Diazo-1-Naphthol sulphonic acid ester mixture ....................................................... 2-Diazo-1-Naphthol-4-sulphonyl chloride ..... 2-Diazo-1-Naphthol-5-sulphonyl chloride ..... 2,5-Dibutoxy-4-(4-morpholinyl)-Benzenediazonium, tetrachlorozincate (2:1) ................ 2,5-Diethoxy-4morpholinobenzenediazonium zinc chloride ............................................................ 2,5-Diethoxy-4morpholinobenzenediazonium zinc chloride ............................................................ 2,5-Diethoxy-4morpholinobenzenediazonium tetrafluoroborate ........................................ 2,5-Diethoxy-4(phenylsulphonyl)benzenediazonium zinc chloride ...................................................... 2,5-Diethoxy-4-(4-morpholinyl)-benzenediazonium sulphate ........................................ Diethylene glycol bis(allyl carbonate) + Diisopropylperoxydicarbonate ................... 2,5-Dimethoxy-4-(4methylphenylsulphony)benzenediazonium zinc chloride .............................................. 4-Dimethylamino-6-(2dimethylaminoethoxy)toluene-2-diazonium zinc chloride .............................................. 4-(Dimethylamino)-benzenediazonium trichlorozincate (¥1) ................................. N,N′-Dinitroso-N, N′-dimethylterephthalamide, as a paste ..................... N,N′-Dinitrosopentamethylenetetramine ....... Diphenyloxide-4,4′-disulphohydrazide .......... Diphenyloxide-4,4′-disulphonylhydrazide ...... 4-Dipropylaminobenzenediazonium zinc chloride ...................................................... 2-(N,N-Ethoxycarbonylphenylamino)-3methoxy-4-(N-methyl-Ncyclohexylamino)benzenediazonium zinc chloride ...................................................... 2-(N,N-Ethoxycarbonylphenylamino)-3methoxy-4-(N-methyl-Ncyclohexylamino)benzenediazonium zinc chloride ...................................................... N-Formyl-2-(nitromethylene)-1,3perhydrothiazine ........................................ 2-(2-Hydroxyethoxy)-1-(pyrrolidin-1yl)benzene-4-diazonium zinc chloride ....... 3-(2-Hydroxyethoxy)-4-(pyrrolidin-1yl)benzenediazonium zinc chloride ........... VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 PO 00000 3236 3235 3226 3234 100 100 100 100 OP7 OP7 OP7 OP6 + 10 + 20 ........................ + 40 + 15 + 25 ........................ + 45 ................ ................ ................ ................ 3224 3236 ≤50 100 OP6 OP7 ........................ + 35 ........................ + 40 ................ ................ 3226 3226 52 100 OP7 OP7 ........................ ........................ ........................ ........................ ................ ................ 3226 100 OP7 ........................ ........................ ................ 3236 100 OP7 + 40 + 45 ................ 3226 100 OP7 ........................ ........................ ................ 3226 3222 3222 <100 100 100 OP7 OP5 OP5 ........................ ........................ ........................ ........................ ........................ ........................ 4 ................ ................ 3228 100 OP8 ........................ ........................ ................ 3236 67–100 OP7 + 35 + 40 ................ 3236 66 OP7 + 40 + 45 ................ 3236 100 OP7 + 30 + 35 ................ 3236 67 OP7 + 40 + 45 ................ 3226 100 OP7 ........................ ........................ ................ 3237 ≥88 + ≤12 OP8 ¥10 0 ................ 3236 79 OP7 + 40 + 45 ................ 3236 100 OP7 + 40 + 45 ................ 3228 100 OP8 ........................ ........................ ................ 3224 3224 3226 3226 72 82 100 100 OP6 OP6 OP7 OP7 ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ................ 2 ................ ................ 3226 100 OP7 ........................ ........................ ................ 3236 63–92 OP7 + 40 + 45 ................ 3236 62 OP7 + 35 + 40 ................ 3236 100 OP7 + 45 + 50 ................ 3236 100 OP7 + 45 + 50 ................ 3236 100 OP7 + 40 + 45 ................ Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\30MYP2.SGM 30MYP2 34613 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules TABLE 1 TO PARAGRAPH (b)—SELF-REACTIVE MATERIALS TABLE—Continued Self-reactive substance Identification No. Concentration— (%) Packing method Control temperature— (°C) Emergency temperature Notes (1) (2) (3) (4) (5) (6) (7) 7-Methoxy-5-methyl-benzothiophen-2-yl boronic acid’’ ................................................. 2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-dimethyl-phenylsulphonyl) benzenediazonium hydrogen sulphate ........................ 4-Methylbenzenesulphonylhydrazide ............ 3-Methyl-4-(pyrrolidin-1yl)benzenediazonium tetrafluoroborate ..... 4-Nitrosophenol ............................................. Phosphorothioic acid, O-[(cyanophenyl methylene) azanyl] O,O-diethyl ester ....... Self-reactive liquid, sample ........................... Self-reactive liquid, sample, temperature control ........................................................ Self-reactive solid, sample ............................ Self-reactive solid, sample, temperature control ........................................................ Sodium 2-diazo-1-naphthol-4-sulphonate ..... Sodium 2-diazo-1-naphthol-5-sulphonate ..... Tetramine palladium (II) nitrate .................... 3230 88–100 ........................ ........................ ........................ 6 3236 3226 96 100 OP7 OP7 + 45 ........................ + 50 ........................ ................ ................ 3234 3236 95 100 OP6 OP7 + 45 + 35 + 50 + 40 ................ ................ 3227 OP8 ........................ ........................ 5 3223 82–91 (Z isomer) ........................... OP2 ........................ ........................ 3 3233 3224 ........................... ........................... OP2 OP2 ........................ ........................ ........................ ........................ 3 3 3234 3226 3226 3234 ........................... 100 100 100 OP2 OP7 OP7 OP6 ........................ ........................ ........................ + 30 ........................ ........................ ........................ + 35 3 ................ ................ ................ Notes: 1. The emergency and control temperatures must be determined in accordance with § 173.21(f). 2. With a compatible diluent having a boiling point of not less than 150 °C. 3. Samples may only be offered for transportation under the provisions of paragraph (c)(3) of this section. 4. This entry applies to mixtures of esters of 2-diazo-1-naphthol-4-sulphonic acid and 2-diazo-1-naphthol-5-sulphonic acid. 5. This entry applies to the technical mixture in n-butanol within the specified concentration limits of the (Z) isomer. 6. The technical compound with the specified concentration limits may contain up to 12% water and up to 1% organic impurities. * * * * * ■ 18. In § 173.225: ■ a. Revise table 1 to paragraph (c); ■ b. Designate the tables immediately following paragraph (d) and immediately following paragraph (g) as table 2 to paragraph (d) and table 4 to paragraph (g), respectively; and ■ c. Revise newly-designated table 4 to paragraph (g). § 173.225 Packaging requirements and other provisions for organic peroxides. * * * (c) * * * * * TABLE 1 TO PARAGRAPH (c): ORGANIC PEROXIDE TABLE Technical name ID No. ddrumheller on DSK120RN23PROD with PROPOSALS2 (1) VerDate Sep<11>2014 18:06 May 26, 2023 A B (3) (4a) (2) Acetyl acetone peroxide ......................... Acetyl acetone peroxide ......................... Acetyl acetone peroxide [as a paste] ..... Acetyl cyclohexanesulfonyl peroxide ..... Acetyl cyclohexanesulfonyl peroxide ..... tert-Amyl hydroperoxide ......................... tert-Amyl peroxyacetate ......................... tert-Amyl peroxybenzoate ...................... tert-Amyl peroxy-2-ethylhexanoate ........ tert-Amyl peroxy-2-ethylhexyl carbonate tert-Amyl peroxy isopropyl carbonate .... tert-Amyl peroxyneodecanoate .............. tert-Amyl peroxyneodecanoate .............. tert-Amyl peroxypivalate ......................... tert-Amyl peroxypivalate ......................... tert-Amyl peroxy-3,5,5trimethylhexanoate. tert-Butyl cumyl peroxide ........................ tert-Butyl cumyl peroxide ........................ n-Butyl-4,4-di-(tert-butylperoxy)valerate n-Butyl-4,4-di-(tert-butylperoxy)valerate tert-Butyl hydroperoxide ......................... tert-Butyl hydroperoxide ......................... tert-Butyl hydroperoxide ......................... tert-Butyl hydroperoxide ......................... Diluent (mass %) Concentration (mass %) Temperature (°C) I Water (mass %) Packing method Control Emergency (4b) (4c) (5) (6) (7a) (7b) (8) Notes UN3105 UN3107 UN3106 UN3112 UN3115 UN3107 UN3105 UN3103 UN3115 UN3105 UN3103 UN3115 UN3119 UN3113 UN3119 UN3105 ≤42 ≤35 ≤32 ≤82 ≤32 ≤88 ≤62 ≤100 ≤100 ≤100 ≤77 ≤77 ≤47 ≤77 ≤32 ≤100 ≥48 .............. .............. .............. .............. ≥6 ≥38 .............. .............. .............. ≥23 .............. ≥53 .............. ≥68 .............. .............. .............. .............. .............. ≥68 .............. .............. .............. .............. .............. .............. ≥23 .............. ≥23 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. ≥8 ≥8 ................ ≥12 ................ ≥6 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ OP7 OP8 OP7 OP4 OP7 OP8 OP7 OP5 OP7 OP7 OP5 OP7 OP8 OP5 OP8 OP7 .............. .............. .............. ¥10 ¥10 .............. .............. .............. 20 .............. .............. 0 0 10 10 .............. .................... .................... .................... 0 0 .................... .................... .................... 25 .................... .................... 10 10 15 15 .................... 2 32 21 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. UN3109 UN3108 UN3103 UN3108 UN3103 UN3105 UN3107 UN3109 >42–100 ≤52 >52–100 ≤52 >79–90 ≤80 ≤79 ≤72 .............. .............. .............. .............. .............. ≥20 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. ≥48 .............. ≥48 .............. .............. .............. .............. ................ ................ ................ ................ ≥10 ................ >14 ≥28 OP8 OP8 OP5 OP8 OP5 OP7 OP8 OP8 .............. .............. .............. .............. .............. .............. .............. .............. .................... .................... .................... .................... .................... .................... .................... .................... 9 9 .............. .............. 13 4, 13 13, 16 13 Jkt 259001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\30MYP2.SGM 30MYP2 34614 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules TABLE 1 TO PARAGRAPH (c): ORGANIC PEROXIDE TABLE—Continued Technical name ID No. ddrumheller on DSK120RN23PROD with PROPOSALS2 (1) VerDate Sep<11>2014 18:06 May 26, 2023 Temperature (°C) A B I Water (mass %) Packing method Control Emergency (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (2) tert-Butyl hydroperoxide [and] Di-tertbutylperoxide. tert-Butyl monoperoxymaleate ............... tert-Butyl monoperoxymaleate ............... tert-Butyl monoperoxymaleate ............... tert-Butyl monoperoxymaleate [as a paste]. tert-Butyl peroxyacetate ......................... tert-Butyl peroxyacetate ......................... tert-Butyl peroxyacetate ......................... tert-Butyl peroxybenzoate ...................... tert-Butyl peroxybenzoate ...................... tert-Butyl peroxybenzoate ...................... tert-Butyl peroxybenzoate ...................... tert-Butyl peroxybutyl fumarate .............. tert-Butyl peroxycrotonate ...................... tert-Butyl peroxydiethylacetate ............... tert-Butyl peroxy-2-ethylhexanoate ........ tert-Butyl peroxy-2-ethylhexanoate ........ tert-Butyl peroxy-2-ethylhexanoate ........ tert-Butyl peroxy-2-ethylhexanoate ........ tert-Butyl peroxy-2-ethylhexanoate [and] 2,2-di-(tert-Butylperoxy)butane. tert-Butyl peroxy-2-ethylhexanoate [and] 2,2-di-(tert-Butylperoxy)butane. tert-Butyl peroxy-2-ethylhexylcarbonate tert-Butyl peroxyisobutyrate .................... tert-Butyl peroxyisobutyrate .................... tert-Butylperoxy isopropylcarbonate ....... tert-Butylperoxy isopropylcarbonate ....... 1-(2-tert-Butylperoxy isopropyl)-3isopropenylbenzene. 1-(2-tert-Butylperoxy isopropyl)-3isopropenylbenzene. tert-Butyl peroxy-2-methylbenzoate ....... tert-Butyl peroxyneodecanoate .............. tert-Butyl peroxyneodecanoate .............. tert-Butyl peroxyneodecanoate [as a stable dispersion in water]. tert-Butyl peroxyneodecanoate [as a stable dispersion in water (frozen)]. tert-Butyl peroxyneodecanoate .............. tert-Butyl peroxyneoheptanoate ............. tert-Butyl peroxyneoheptanoate [as a stable dispersion in water]. tert-Butyl peroxypivalate ......................... tert-Butyl peroxypivalate ......................... tert-Butyl peroxypivalate ......................... tert-Butylperoxy stearylcarbonate ........... tert-Butyl peroxy-3,5,5trimethylhexanoate. tert-Butyl peroxy-3,5,5trimethlyhexanoate. tert-Butyl peroxy-3,5,5trimethylhexanoate. 3-Chloroperoxybenzoic acid ................... 3-Chloroperoxybenzoic acid ................... 3-Chloroperoxybenzoic acid ................... Cumyl hydroperoxide ............................. Cumyl hydroperoxide ............................. Cumyl peroxyneodecanoate ................... Cumyl peroxyneodecanoate ................... Cumyl peroxyneodecanoate [as a stable dispersion in water]. Cumyl peroxyneoheptanoate ................. Cumyl peroxypivalate ............................. Cyclohexanone peroxide(s) .................... Cyclohexanone peroxide(s) .................... Cyclohexanone peroxide(s) [as a paste] Cyclohexanone peroxide(s) .................... Diacetone alcohol peroxides .................. Diacetyl peroxide .................................... Di-tert-amyl peroxide .............................. ([3R- (3R, 5aS, 6S, 8aS, 9R, 10R, 12S, 12aR**)]-Decahydro-10-methoxy-3, 6, 9-trimethyl-3, 12-epoxy-12H-pyrano [4, 3- j]-1, 2-benzodioxepin). 2,2-Di-(tert-amylperoxy)-butane ............. Diluent (mass %) Concentration (mass %) Notes (8) UN3103 <82 + >9 .............. .............. .............. ≥7 OP5 .............. .................... 13 UN3102 UN3103 UN3108 UN3108 >52–100 ≤52 ≤52 ≤52 .............. ≥48 .............. .............. .............. .............. .............. .............. .............. .............. ≥48 .............. ................ ................ ................ ................ OP5 OP6 OP8 OP8 .............. .............. .............. .............. .................... .................... .................... .................... .............. .............. .............. .............. UN3101 UN3103 UN3109 UN3103 UN3105 UN3106 UN3109 UN3105 UN3105 UN3113 UN3113 UN3117 UN3118 UN3119 UN3106 >52–77 >32–52 ≤32 >77–100 >52–77 ≤52 ≤32 ≤52 ≤77 ≤100 >52–100 >32–52 ≤52 ≤32 ≤12 + ≤14 ≥23 ≥48 .............. .............. ≥23 .............. ≥68 ≥48 ≥23 .............. .............. .............. .............. .............. ≥14 .............. .............. ≥68 .............. .............. .............. .............. .............. .............. .............. .............. ≥48 .............. ≥68 .............. .............. .............. .............. .............. .............. ≥48 .............. .............. .............. .............. .............. .............. ≥48 .............. ≥60 ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ OP5 OP6 OP8 OP5 OP7 OP7 OP8 OP7 OP7 OP5 OP6 OP8 OP8 OP8 OP7 .............. .............. .............. .............. .............. .............. .............. .............. .............. 20 20 30 20 40 .............. .................... .................... .................... .................... .................... .................... .................... .................... .................... 25 25 35 25 45 .................... .............. .............. .............. .............. 1 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. UN3115 ≤31 + ≤36 .............. ≥33 .............. ................ OP7 35 40 .............. UN3105 UN3111 UN3115 UN3103 UN3105 UN3105 ≤100 >52–77 ≤52 ≤77 ≤62 ≤77 .............. .............. .............. ≥23 .............. ≥23 .............. ≥23 ≥48 .............. ≥ 38 .............. .............. .............. .............. .............. .............. .............. ................ ................ ................ ................ ................ ................ OP7 OP5 OP7 OP5 OP7 OP7 .............. 15 15 .............. .............. .............. .................... 20 20 .................... .................... .................... .............. .............. .............. .............. .............. .............. UN3108 ≤42 .............. .............. ≥58 ................ OP8 .............. .................... .............. UN3103 UN3115 UN3115 UN3119 ≤100 >77–100 ≤77 ≤52 .............. .............. .............. .............. .............. .............. ≥23 .............. .............. .............. .............. .............. ................ ................ ................ ................ OP5 OP7 OP7 OP8 .............. ¥5 0 0 .................... 5 10 10 .............. .............. .............. .............. UN3118 ≤42 .............. .............. .............. ................ OP8 0 10 .............. UN3119 UN3115 UN3117 ≤32 ≤77 ≤42 ≥68 ≥23 .............. .............. .............. .............. .............. .............. .............. ................ ................ ................ OP8 OP7 OP8 0 0 0 10 10 10 .............. .............. .............. UN3113 UN3115 UN3119 UN3106 UN3105 >67–77 >27–67 ≤27 ≤100 >37–100 ≥23 .............. .............. .............. .............. .............. ≥33 ≥73 .............. .............. .............. .............. .............. .............. .............. ................ ................ ................ ................ ................ OP5 OP7 OP8 OP7 OP7 0 0 30 .............. .............. 10 10 35 .................... .................... .............. .............. .............. .............. .............. UN3106 ≤42 .............. .............. ≥58 ................ OP7 .............. .................... .............. UN3109 ≤37 .............. ≥63 .............. ................ OP8 .............. .................... .............. UN3102 UN3106 UN3106 UN3107 UN3109 UN3115 UN3115 UN3119 >57–86 ≤57 ≤77 >90–98 ≤90 ≤87 ≤77 ≤52 .............. .............. .............. ≤10 ≥10 ≥13 .............. .............. .............. .............. .............. .............. .............. .............. ≥23 .............. ≥14 ≥3 ≥6 .............. .............. .............. .............. .............. ................ ≥40 ≥17 ................ ................ ................ ................ ................ OP1 OP7 OP7 OP8 OP8 OP7 OP7 OP8 .............. .............. .............. .............. .............. ¥10 ¥10 ¥10 .................... .................... .................... .................... .................... 0 0 0 .............. .............. .............. 13 13, 15 .............. .............. .............. UN3115 UN3115 UN3104 UN3105 UN3106 Exempt UN3115 UN3115 UN3107 UN3106 ≤77 ≤77 ≤91 ≤72 ≤72 ≤32 ≤57 ≤27 ≤100 ≤100 ≥23 .............. .............. ≥28 .............. .............. .............. .............. .............. .............. .............. ≥23 .............. .............. .............. >68 ≥26 ≥73 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. ................ ................ ≥9 ................ ................ ................ ≥8 ................ ................ ................ OP7 OP7 OP6 OP7 OP7 Exempt OP7 OP7 OP8 OP7 ¥10 ¥5 .............. .............. .............. .............. 40 20 .............. .............. 0 5 .................... .................... .................... .................... 45 25 .................... .................... .............. .............. 13 5 5, 21 29 5 8,13 .............. .............. UN3105 ≤57 ≥43 .............. .............. ................ OP7 .............. .................... .............. Jkt 259001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\30MYP2.SGM 30MYP2 34615 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules TABLE 1 TO PARAGRAPH (c): ORGANIC PEROXIDE TABLE—Continued Technical name ID No. ddrumheller on DSK120RN23PROD with PROPOSALS2 (1) VerDate Sep<11>2014 18:06 May 26, 2023 Temperature (°C) A B I Water (mass %) Packing method Control Emergency (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (8) (2) 1,1-Di-(tert-amylperoxy)cyclohexane ...... Dibenzoyl peroxide ................................. Dibenzoyl peroxide ................................. Dibenzoyl peroxide ................................. Dibenzoyl peroxide ................................. Dibenzoyl peroxide [as a paste] ............. Dibenzoyl peroxide ................................. Dibenzoyl peroxide ................................. Dibenzoyl peroxide [as a paste] ............. Dibenzoyl peroxide [as a paste] ............. Dibenzoyl peroxide [as a stable dispersion in water]. Dibenzoyl peroxide ................................. Di-(4-tertbutylcyclohexyl)peroxydicarbonate. Di-(4-tertbutylcyclohexyl)peroxydicarbonate [as a stable dispersion in water]. Di-(4-tertbutylcyclohexyl)peroxydicarbonate [as a paste]. Di-tert-butyl peroxide .............................. Di-tert-butyl peroxide .............................. Di-tert-butyl peroxyazelate ..................... 2,2-Di-(tert-butylperoxy)butane ............... 1,6-Di-(tertbutylperoxycarbonyloxy)hexane. 1,1-Di-(tert-butylperoxy)cyclohexane ...... 1,1-Di-(tert-butylperoxy)cyclohexane ...... 1,1-Di-(tert-butylperoxy)-cyclohexane .... 1,1-Di-(tert-butylperoxy)cyclohexane ...... 1,1-Di-(tert-butylperoxy)cyclohexane ...... 1,1-Di-(tert-butylperoxy)cyclohexane ...... 1,1-Di-(tert-butylperoxy)cyclohexane ...... 1,1-Di-(tert-Butylperoxy)cyclohexane ..... 1,1-Di-(tert-butylperoxy)cyclohexane ...... 1,1-Di-(tert-butylperoxy)cyclohexane ...... 1,1-Di-(tert-butylperoxy)cyclohexane + tert-Butyl peroxy-2-ethylhexanoate. Di-n-butyl peroxydicarbonate ................. Di-n-butyl peroxydicarbonate ................. Di-n-butyl peroxydicarbonate [as a stable dispersion in water (frozen)]. Di-sec-butyl peroxydicarbonate .............. Di-sec-butyl peroxydicarbonate .............. Di-(tert-butylperoxyisopropyl) benzene(s). Di-(tert-butylperoxyisopropyl) benzene(s). Di-(tert-butylperoxy)phthalate ................. Di-(tert-butylperoxy)phthalate [as a paste]. Di-(tert-butylperoxy)phthalate ................. 2,2-Di-(tert-butylperoxy)propane ............ 2,2-Di-(tert-butylperoxy)propane ............ 1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane. 1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane. 1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane. 1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane. 1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane. 1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane. 1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane. Dicetyl peroxydicarbonate ...................... Dicetyl peroxydicarbonate [as a stable dispersion in water]. Di-4-chlorobenzoyl peroxide ................... Di-4-chlorobenzoyl peroxide ................... Di-2,4-dichlorobenzoyl peroxide [as a paste]. Di-4-chlorobenzoyl peroxide [as a paste] Dicumyl peroxide .................................... Diluent (mass %) Concentration (mass %) Notes UN3103 UN3102 UN3102 UN3104 UN3106 UN3106 UN3106 UN3107 UN3108 UN3108 UN3109 ≤82 >52–100 >77–94 ≤77 ≤62 >52–62 >35–52 >36–42 ≤56.5 ≤52 ≤42 ≥18 .............. .............. .............. .............. .............. .............. ≥18 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. ≤48 .............. .............. ≥28 .............. ≥48 .............. .............. .............. .............. ................ ................ ≥6 ≥23 ≥10 ................ ................ ≤40 ≥15 ................ ................ OP6 OP2 OP4 OP6 OP7 OP7 OP7 OP8 OP8 OP8 OP8 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .............. 3 3 .............. .............. 21 .............. .............. .............. 21 .............. Exempt UN3114 ≤35 ≤100 .............. .............. .............. .............. ≥65 .............. ................ ................ Exempt OP6 .............. 30 .................... 35 29 .............. UN3119 ≤42 .............. .............. .............. ................ OP8 30 35 .............. UN3118 ≤42 .............. .............. .............. ................ OP8 35 40 .............. UN3107 UN3109 UN3105 UN3103 UN3103 >52–100 ≤52 ≤52 ≤52 ≤72 .............. .............. ≥48 ≥48 ≥28 .............. ≥48 .............. .............. .............. .............. .............. .............. .............. .............. ................ ................ ................ ................ ................ OP8 OP8 OP7 OP6 OP5 .............. .............. .............. .............. .............. .................... .................... .................... .................... .................... .............. 24 .............. .............. .............. UN3101 UN3103 UN3103 UN3105 UN3106 UN3107 UN3109 UN3109 UN3109 UN3109 UN3105 >80–100 >52–80 ≤72 >42–52 ≤42 ≤27 ≤42 ≤37 ≤25 ≤13 ≤43+≤16 .............. ≥20 .............. ≥48 ≥13 ≥25 ≥58 ≥63 ≥25 ≥13 ≥41 .............. .............. ≥28 .............. .............. .............. .............. .............. ≥50 ≥74 .............. .............. .............. .............. .............. ≥45 .............. .............. .............. .............. .............. .............. ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ OP5 OP5 OP5 OP7 OP7 OP8 OP8 OP8 OP8 OP8 OP7 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .............. .............. 30 .............. .............. 22 .............. .............. .............. .............. .............. UN3115 UN3117 UN3118 >27–52 ≤27 ≤42 .............. .............. .............. ≥48 ≥73 .............. .............. .............. .............. ................ ................ ................ OP7 OP8 OP8 ¥15 ¥10 ¥15 ¥5 0 ¥5 .............. .............. .............. UN3113 UN3115 UN3106 >52–100 ≤52 >42–100 .............. .............. .............. .............. ≥48 .............. .............. .............. ≤57 ................ ................ ................ OP4 OP7 OP7 ¥20 ¥15 .............. ¥10 ¥5 .................... 6 .............. 1, 9 Exempt ≤42 .............. .............. ≥58 ................ Exempt .............. .................... .............. UN3105 UN3106 >42–52 ≤52 ≥48 .............. .............. .............. .............. .............. ................ ................ OP7 OP7 .............. .............. .................... .................... .............. 21 UN3107 UN3105 UN3106 UN3101 ≤42 ≤52 ≤42 >90–100 ≥58 ≥48 ≥13 .............. .............. .............. .............. .............. .............. .............. ≥45 .............. ................ ................ ................ ................ OP8 OP7 OP7 OP5 .............. .............. .............. .............. .................... .................... .................... .................... .............. .............. .............. .............. UN3103 >57–90 ≥10 .............. .............. ................ OP5 .............. .................... .............. UN3103 ≤77 .............. ≥23 .............. ................ OP5 .............. .................... .............. UN3103 ≤90 .............. ≥10 .............. ................ OP5 .............. .................... 30 UN3110 ≤57 .............. .............. ≥43 ................ OP8 .............. .................... .............. UN3107 ≤57 ≥43 .............. .............. ................ OP8 .............. .................... .............. UN3107 ≤32 ≥26 ≥42 .............. ................ OP8 .............. .................... .............. UN3120 UN3119 ≤100 ≤42 .............. .............. .............. .............. .............. .............. ................ ................ OP8 OP8 30 30 35 35 .............. .............. UN3102 Exempt UN3118 ≤77 ≤32 ≤52 .............. .............. .............. .............. .............. .............. .............. ≥68 .............. ≥23 ................ ................ OP5 Exempt OP8 .............. .............. 20 .................... .................... 25 .............. 29 .............. UN3106 UN3110 ≤52 >52–100 .............. .............. .............. .............. .............. ≤48 ................ ................ OP7 OP8 .............. .............. .................... .................... 21 9 Jkt 259001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\30MYP2.SGM 30MYP2 34616 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules TABLE 1 TO PARAGRAPH (c): ORGANIC PEROXIDE TABLE—Continued Technical name ID No. ddrumheller on DSK120RN23PROD with PROPOSALS2 (1) VerDate Sep<11>2014 18:06 May 26, 2023 Temperature (°C) A B I Water (mass %) Packing method Control Emergency (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (8) (2) Dicumyl peroxide .................................... Dicyclohexyl peroxydicarbonate ............. Dicyclohexyl peroxydicarbonate ............. Dicyclohexyl peroxydicarbonate [as a stable dispersion in water]. Didecanoyl peroxide ............................... 2,2-Di-(4,4-di(tertbutylperoxy)cyclohexyl)propane. 2,2-Di-(4,4-di(tertbutylperoxy)cyclohexyl)propane. Di-2,4-dichlorobenzoyl peroxide ............. Di-2,4-dichlorobenzoyl peroxide [as a paste with silicone oil]. Di-(2-ethoxyethyl) peroxydicarbonate .... Di-(2-ethylhexyl) peroxydicarbonate ....... Di-(2-ethylhexyl) peroxydicarbonate ....... Di-(2-ethylhexyl) peroxydicarbonate [as a stable dispersion in water]. Di-(2-ethylhexyl) peroxydicarbonate [as a stable dispersion in water]. Di-(2-ethylhexyl) peroxydicarbonate [as a stable dispersion in water (frozen)]. 2,2-Dihydroperoxypropane ..................... Di-(1-hydroxycyclohexyl)peroxide .......... Diisobutyryl peroxide .............................. Diisobutyryl peroxide [as a stable dispersion in water]. Diisobutyryl peroxide .............................. Diisopropylbenzene dihydroperoxide ..... Diisopropyl peroxydicarbonate ............... Diisopropyl peroxydicarbonate ............... Diisopropyl peroxydicarbonate ............... Dilauroyl peroxide ................................... Dilauroyl peroxide [as a stable dispersion in water]. Di-(3-methoxybutyl) peroxydicarbonate Di-(2-methylbenzoyl)peroxide ................. Di-(4-methylbenzoyl)peroxide [as a paste with silicone oil]. Di-(3-methylbenzoyl) peroxide + Benzoyl (3-methylbenzoyl) peroxide + Dibenzoyl peroxide. 2,5-Dimethyl-2,5-di(benzoylperoxy)hexane. 2,5-Dimethyl-2,5-di(benzoylperoxy)hexane. 2,5-Dimethyl-2,5-di(benzoylperoxy)hexane. 2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexane. 2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexane. 2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexane. 2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexane. 2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexane [as a paste]. 2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexyne-3. 2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexyne-3. 2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexyne-3. 2,5-Dimethyl-2,5-di-(2ethylhexanoylperoxy)hexane. 2,5-Dimethyl-2,5-dihydroperoxyhexane .. 2,5-Dimethyl-2,5-di-(3,5,5trimethylhexanoylperoxy)hexane. 1,1-Dimethyl-3hydroxybutylperoxyneoheptanoate. Dimyristyl peroxydicarbonate ................. Dimyristyl peroxydicarbonate [as a stable dispersion in water]. Di-(2neodecanoylperoxyisopropyl)benzene. Diluent (mass %) Concentration (mass %) Notes Exempt UN3112 UN3114 UN3119 ≤52 >91–100 ≤91 ≤42 .............. .............. .............. .............. .............. .............. .............. .............. ≥48 .............. .............. .............. ................ ................ ≥9 ................ Exempt OP3 OP5 OP8 .............. 10 10 15 .................... 15 15 20 29 .............. .............. .............. UN3114 UN3106 ≤100 ≤42 .............. .............. .............. .............. .............. ≥58 ................ ................ OP6 OP7 30 .............. 35 .................... .............. .............. UN3107 ≤22 .............. ≥78 .............. ................ OP8 .............. .................... .............. UN3102 UN3106 ≤77 ≤52 .............. .............. .............. .............. .............. .............. ≥23 ................ OP5 OP7 .............. .............. .................... .................... .............. .............. UN3115 UN3113 UN3115 UN3119 ≤52 >77–100 ≤77 ≤62 .............. .............. .............. .............. ≥48 .............. ≥23 .............. .............. .............. .............. .............. ................ ................ ................ ................ OP7 OP5 OP7 OP8 ¥10 ¥20 ¥15 ¥15 0 ¥10 ¥5 ¥5 .............. .............. .............. .............. UN3119 ≤52 .............. .............. .............. ................ OP8 ¥15 ¥5 .............. UN3120 ≤52 .............. .............. .............. ................ OP8 ¥15 ¥5 .............. UN3102 UN3106 UN3111 UN3119 ≤27 ≤100 >32–52 ≤42 .............. .............. .............. .............. .............. .............. ≥48 .............. ≥73 .............. .............. .............. ................ ................ ................ ................ OP5 OP7 OP5 OP8 .............. .............. ¥20 ¥20 .................... .................... ¥10 ¥10 .............. .............. .............. .............. UN3115 UN3106 UN3112 UN3115 UN3115 UN3106 UN3109 ≤32 ≤82 >52–100 ≤52 ≤32 ≤100 ≤42 .............. ≥5 .............. .............. ≥68 .............. .............. ≥68 .............. .............. ≥48 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. ................ ≥5 ................ ................ ................ ................ ................ OP7 OP7 OP2 OP7 OP7 OP7 OP8 ¥20 .............. ¥15 ¥20 ¥15 .............. .............. ¥10 .................... ¥5 ¥10 ¥5 .................... .................... .............. 17 .............. .............. .............. .............. .............. UN3115 UN3112 UN3106 ≤52 ≤87 ≤52 .............. .............. .............. ≥48 .............. .............. .............. .............. .............. ................ ≥13 ................ OP7 OP5 OP7 ¥5 30 .............. 5 35 .................... .............. .............. .............. UN3115 ≤20 + ≤18 + ≤4 .............. ≥58 .............. ................ OP7 35 40 .............. UN3102 >82–100 .............. .............. .............. ................ OP5 .............. .................... .............. UN3106 ≤82 .............. .............. ≥18 ................ OP7 .............. .................... .............. UN3104 ≤82 .............. .............. .............. ≥18 OP5 .............. .................... .............. UN3103 >90–100 .............. .............. .............. ................ OP5 .............. .................... .............. UN3105 >52–90 ≥10 .............. .............. ................ OP7 .............. .................... .............. UN3108 ≤77 .............. .............. ≥23 ................ OP8 .............. .................... .............. UN3109 ≤52 ≥48 .............. .............. ................ OP8 .............. .................... .............. UN3108 ≤47 .............. .............. .............. ................ OP8 .............. .................... .............. UN3101 >86–100 .............. .............. .............. ................ OP5 .............. .................... .............. UN3103 >52–86 ≥14 .............. .............. ................ OP5 .............. .................... .............. UN3106 ≤52 .............. .............. ≥48 ................ OP7 .............. .................... .............. UN3113 ≤100 .............. .............. .............. ................ OP5 20 25 .............. UN3104 UN3105 ≤82 ≤77 .............. ≥23 .............. .............. .............. .............. ≥18 ................ OP6 OP7 .............. .............. .................... .................... .............. .............. UN3117 ≤52 ≥48 .............. .............. ................ OP8 0 10 .............. UN3116 UN3119 ≤100 ≤42 .............. .............. .............. .............. .............. .............. ................ ................ OP7 OP8 20 20 25 25 .............. .............. UN3115 ≤52 ≥48 .............. .............. ................ OP7 ¥10 0 .............. Jkt 259001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\30MYP2.SGM 30MYP2 34617 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules TABLE 1 TO PARAGRAPH (c): ORGANIC PEROXIDE TABLE—Continued Technical name ID No. (1) ddrumheller on DSK120RN23PROD with PROPOSALS2 3-Hydroxy-1,1-dimethylbutyl peroxyneodecanoate. 3-Hydroxy-1,1-dimethylbutyl peroxyneodecanoate [as a stable dispersion in water]. 3-Hydroxy-1,1-dimethylbutyl peroxyneodecanoate. Isopropyl sec-butyl peroxydicarbonat + Di-sec-butyl peroxydicarbonate + Diisopropyl peroxydicarbonate. Isopropyl sec-butyl peroxydicarbonate + Di-sec-butyl peroxydicarbonate + Diisopropyl peroxydicarbonate. Isopropylcumyl hydroperoxide ................ p-Menthyl hydroperoxide ........................ p-Menthyl hydroperoxide ........................ Methylcyclohexanone peroxide(s) .......... Methyl ethyl ketone peroxide(s) ............. Methyl ethyl ketone peroxide(s) ............. Methyl ethyl ketone peroxide(s) ............. Methyl isobutyl ketone peroxide(s) ........ Methyl isopropyl ketone peroxide(s) ...... Temperature (°C) A B I Water (mass %) Packing method Control Emergency (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (2) Di-(2-neodecanoyl-peroxyisopropyl) benzene, as stable dispersion in water. Di-n-nonanoyl peroxide .......................... Di-n-octanoyl peroxide ........................... Di-(2-phenoxyethyl)peroxydicarbonate ... Di-(2-phenoxyethyl)peroxydicarbonate ... Dipropionyl peroxide ............................... Di-n-propyl peroxydicarbonate ............... Di-n-propyl peroxydicarbonate ............... Disuccinic acid peroxide ......................... Disuccinic acid peroxide ......................... Di-(3,5,5-trimethylhexanoyl) peroxide .... Di-(3,5,5-trimethylhexanoyl)peroxide [as a stable dispersion in water]. Di-(3,5,5-trimethylhexanoyl) peroxide .... Di-(3,5,5-trimethylhexanoyl)peroxide ...... Ethyl 3,3-di-(tert-amylperoxy)butyrate .... Ethyl 3,3-di-(tert-butylperoxy)butyrate .... Ethyl 3,3-di-(tert-butylperoxy)butyrate .... Ethyl 3,3-di-(tert-butylperoxy)butyrate .... 1-(2-ethylhexanoylperoxy)-1,3Dimethylbutyl peroxypivalate. tert-Hexyl peroxyneodecanoate ............. tert-Hexyl peroxypivalate ........................ tert-Hexyl peroxypivalate ........................ Diluent (mass %) Concentration (mass %) Notes (8) UN3119 ≤42 .............. .............. .............. ................ OP8 ¥15 ¥5 .............. UN3116 UN3114 UN3102 UN3106 UN3117 UN3113 UN3113 UN3102 UN3116 UN3115 UN3119 ≤100 ≤100 >85–100 ≤85 ≤27 ≤100 ≤77 >72–100 ≤72 >52–82 ≤52 .............. .............. .............. .............. .............. .............. .............. .............. .............. ≥18 .............. .............. .............. .............. .............. ≥73 .............. ≥23 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. ................ ................ ................ ≥15 ................ ................ ................ ................ ≥28 ................ ................ OP7 OP5 OP5 OP7 OP8 OP3 OP5 OP4 OP7 OP7 OP8 0 10 .............. .............. 15 ¥25 ¥20 .............. 10 0 10 10 15 .................... .................... 20 ¥15 ¥10 .................... 15 10 15 .............. .............. .............. .............. .............. .............. .............. 18 .............. .............. .............. UN3119 UN3119 UN3105 UN3103 UN3105 UN3106 UN3115 >38–52 ≤38 ≤67 >77–100 ≤77 ≤52 ≤52 ≥48 ≥62 ≥33 .............. ≥23 .............. ≥45 .............. .............. .............. .............. .............. .............. ≥10 .............. .............. .............. .............. .............. ≥48 .............. ................ ................ ................ ................ ................ ................ ................ OP8 OP8 OP7 OP5 OP7 OP7 OP7 10 20 .............. .............. .............. .............. ¥20 15 25 .................... .................... .................... .................... ¥10 .............. .............. .............. .............. .............. .............. .............. UN3115 UN3115 UN3117 ≥29 .............. .............. .............. ≥28 .............. .............. .............. .............. ................ ................ ................ OP7 OP7 OP8 0 10 +15 10 15 +20 .............. .............. .............. UN3115 ≤71 ≤72 ≤52 as a stable dispersion in water ≤77 ≥23 .............. .............. ................ OP7 ¥5 5 .............. UN3119 ≤52 .............. .............. .............. ................ OP8 ¥5 5 .............. UN3117 ≤52 ≥48 .............. .............. ................ OP8 ¥5 5 .............. UN3111 ≤52 + ≤28 + ≤22 .............. .............. .............. ................ OP5 ¥20 ¥10 .............. UN3115 ≤32 + ≤15 ¥18 + ≤12 ¥15 ≥38 .............. .............. ................ OP7 ¥20 ¥10 .............. UN3109 UN3105 UN3109 UN3115 UN3101 UN3105 UN3107 UN3105 UN3109 ≥28 .............. ≥28 .............. ≥48 ≥55 ≥60 ≥19 ≥70 .............. .............. .............. ≥33 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. ................ ................ ................ ................ ................ ................ ................ ................ ................ OP8 OP7 OP8 OP7 OP5 OP7 OP8 OP7 OP8 .............. .............. .............. 35 .............. .............. .............. .............. .............. .................... .................... .................... 40 .................... .................... .................... .................... .................... 13 13 .............. .............. 5, 13 5 7 5, 23 31 .............. .............. .............. .............. .............. .............. ................ ................ OP2 OP2 .............. .............. .................... .................... 12 12 Organic peroxide, liquid, sample ............ Organic peroxide, liquid, sample, temperature controlled. Organic peroxide, solid, sample ............. Organic peroxide, solid, sample, temperature controlled. 3,3,5,7,7-Pentamethyl-1,2,4-Trioxepane Peroxyacetic acid, type D, stabilized ..... Peroxyacetic acid, type E, stabilized ..... Peroxyacetic acid, type F, stabilized ...... UN3103 UN3113 ≤72 >72–100 ≤72 ≤67 ≤52 ≤45 ≤40 ≤62 (See remark 31) .......................... .......................... UN3104 UN3114 .......................... .......................... .............. .............. .............. .............. .............. .............. ................ ................ OP2 OP2 .............. .............. .................... .................... 12 12 UN3107 UN3105 UN3107 UN3109 ≤100 ≤43 ≤43 ≤43 .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. ................ ................ ................ ................ OP8 OP7 OP8 OP8 .............. .............. .............. .............. .................... .................... .................... .................... Peroxyacetic acid or peracetic acid [with not more than 7% hydrogen peroxide]. Peroxyacetic acid or peracetic acid [with not more than 20% hydrogen peroxide]. Peroxyacetic acid or peracetic acid [with not more than 26% hydrogen peroxide]. Peroxylauric acid .................................... 1-Phenylethyl hydroperoxide .................. Pinanyl hydroperoxide ............................ Pinanyl hydroperoxide ............................ Polyether poly-tert-butylperoxycarbonate Tetrahydronaphthyl hydroperoxide ......... 1,1,3,3-Tetramethylbutyl hydroperoxide UN3107 ≤36 .............. .............. .............. ≥15 OP8 .............. .................... Exempt ≤6 .............. .............. .............. ≥60 Exempt .............. .................... .............. 13, 20 13, 20 13, 20, 28 13, 20, 28 28 UN3109 ≤17 .............. .............. .............. ................ OP8 .............. .................... 13, 20, 28 UN3118 UN3109 UN3105 UN3109 UN3107 UN3106 UN3105 ≤100 ≤38 >56–100 ≤56 ≤52 ≤100 ≤100 .............. .............. .............. ≥44 .............. .............. .............. .............. ≥62 .............. .............. ≥48 .............. .............. .............. .............. .............. .............. .............. .............. .............. ................ ................ ................ ................ ................ ................ ................ OP8 OP8 OP7 OP8 OP8 OP7 OP7 35 .............. .............. .............. .............. .............. .............. 40 .................... .................... .................... .................... .................... .................... .............. .............. 13 .............. .............. .............. .............. VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\30MYP2.SGM 30MYP2 34618 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules TABLE 1 TO PARAGRAPH (c): ORGANIC PEROXIDE TABLE—Continued Technical name ID No. (1) Temperature (°C) A B I Water (mass %) Packing method Control Emergency (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (2) 1,1,3,3-Tetramethylbutyl peroxy-2ethylhexanoate. 1,1,3,3-Tetramethylbutyl peroxyneodecanoate. 1,1,3,3-Tetramethylbutyl peroxyneodecanoate [as a stable dispersion in water]. 1,1,3,3-tetramethylbutyl peroxypivalate .. 3,6,9-Triethyl-3,6,9-trimethyl-1,4,7triperoxonane. 3,6,9-Triethyl-3,6,9-trimethyl-1,4,7triperoxonane. Diluent (mass %) Concentration (mass %) Notes (8) UN3115 ≤100 .............. .............. .............. ................ OP7 15 20 .............. UN3115 ≤72 .............. ≥28 .............. ................ OP7 -5 5 .............. UN3119 ≤52 .............. .............. .............. ................ OP8 ¥5 5 .............. UN3115 UN3110 ≤77 ≤17 ≥23 ≥18 .............. .............. .............. ≥65 ................ ................ OP7 OP8 0 .............. 10 .................... .............. .............. UN3105 ≤42 ≥58 .............. .............. ................ OP7 .............. .................... 26 Notes: 1. For domestic shipments, OP8 is authorized. 2. Available oxygen must be <4.7%. 3. For concentrations <80% OP5 is allowed. For concentrations of at least 80% but <85%, OP4 is allowed. For concentrations of at least 85%, maximum package size is OP2. 4. The diluent may be replaced by di-tert-butyl peroxide. 5. Available oxygen must be ≤9% with or without water. 6. For domestic shipments, OP5 is authorized. 7. Available oxygen must be ≤8.2% with or without water. 8. Only non-metallic packagings are authorized. 9. For domestic shipments this material may be transported under the provisions of paragraph (h)(3)(xii) of this section. 10. [Reserved] 11. [Reserved] 12. Samples may only be offered for transportation under the provisions of paragraph (b)(2) of this section. 13. ‘‘Corrosive’’ subsidiary risk label is required. 14. [Reserved] 15. No ‘‘Corrosive’’ subsidiary risk label is required for concentrations below 80%. 16. With <6% di-tert-butyl peroxide. 17. With ≤8% 1-isopropylhydroperoxy-4-isopropylhydroxybenzene. 18. Addition of water to this organic peroxide will decrease its thermal stability. 19. [Reserved] 20. Mixtures with hydrogen peroxide, water, and acid(s). 21. With diluent type A, with or without water. 22. With ≥36%% diluent type A by mass, and in addition ethylbenzene. 23. With ≥19% diluent type A by mass, and in addition methyl isobutyl ketone. 24. Diluent type B with boiling point >100 °C. 25. No ‘‘Corrosive’’ subsidiary risk label is required for concentrations below 56%. 26. Available oxygen must be ≤7.6% 27. Formulations derived from distillation of peroxyacetic acid originating from peroxyacetic acid in a concentration of not more than 41% with water, total active oxygen less than or equal to 9.5% (peroxyacetic acid plus hydrogen peroxide). 28. For the purposes of this section, the names ‘‘Peroxyacetic acid’’ and ‘‘Peracetic acid’’ are synonymous. 29. Not subject to the requirements of this subchapter for Division 5.2. 30. Diluent type B with boiling point >130 °C (266 °F). 31. Available oxygen ≤6.7%. 32. Active oxygen concentration ≤4.15%. * * * * * (g) * * * ddrumheller on DSK120RN23PROD with PROPOSALS2 TABLE 4 TO PARAGRAPH (g): ORGANIC PEROXIDE PORTABLE TANK TABLE UN No. Hazardous material Minimum test pressure (bar) Minimum shell thickness (mm-reference steel) See . . . Bottom opening requirements See . . . Pressure-relief requirements See . . . Filling limits Control temperature Emergency temperature 3109 ... ORGANIC PEROXIDE,. TYPE F, LIQUID. ........................ .................................... .................................... .................................... ......................... ...................... .................... * § 178.274(d)(2) * § 178.275(d)(3) * § 178.275(g)(1) * Not more than 90% at 59 °F (15 °C). * ...................... .................... * tert-Butyl hydroperoxide, not more than 56% with diluent type B 2. * * 4 * * * * * Notes 1. ‘‘Corrosive’’ subsidiary risk placard is required. 2. Diluent type B is tert-Butyl alcohol. VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\30MYP2.SGM 30MYP2 * Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules 19. In § 173.232, add paragraph (h) to read as follows: ■ § 173.232 Articles containing hazardous materials, n.o.s. * * * * * (h) For transport by aircraft, the following additional requirements apply: (i) Articles transported under UN3548, which do not have an existing proper shipping name, and which contain only environmentally hazardous substances where the quantity of the environmentally hazardous substance in the article exceeds 5 L or 5 kg, must be prepared for transport in accordance with this section for transport by air. In addition to the environmentally hazardous substances, the article may also contain lithium cells or batteries that comply with § 173.185(c)(4), as applicable. (ii) Articles transported under UN3538, which do not have an existing proper shipping name, and which contain only gases of Division 2.2 without a subsidiary hazard, but excluding refrigerated liquefied gases and gases forbidden for transport on passenger aircraft, where the quantity of the Division 2.2 gas exceeds the quantity limits for UN 3363, as prescribed in § 173.222 must be prepared for transport in accordance with this section. Articles transported under this provision are limited to a maximum net quantity of gas of 75 kg by passenger aircraft and 150 kg by cargo aircraft. In addition to the Division 2.2 gas, the article may also contain lithium cells or batteries that comply with § 173.185(c)(4), as applicable. ■ 20. In § 173.301b, revise paragraphs (c)(1), (c)(2)(ii) through (iv), (d)(1), and (f) to read as follows: § 173.301b Additional general requirements for shipment of UN pressure receptacles. ddrumheller on DSK120RN23PROD with PROPOSALS2 * * * * * (c) * * * (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 (IBR, see § 171.7 of this subchapter). Quick release cylinder valves for specification and type testing must conform to the requirements in ISO 17871:2020 or, until December 31, 2026, ISO 17871:2015(E) (IBR, see § 171.7 of this subchapter). Until December 31, 2026, a quick release valve conforming to the requirements in ISO 17871:2015(E) (IBR, see § 171.7 of this subchapter) continues to be authorized for use. (2) * * * VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 (ii) By equipping the UN pressure receptacle with a valve cap conforming to the requirements in ISO 11117:2019 (IBR, see § 171.7 of this subchapter). Until December 31, 2026, the UN pressure receptacle may continue to be equipped with a valve cap conforming to the requirements in ISO 11117:2008(E) and Technical Corrigendum 1 (IBR, see § 171.7 of this subchapter); (iii) By protecting the valves with shrouds or guards conforming to the requirements in ISO 11117:2019 (IBR; see § 171.7 of this subchapter). Until December 31, 2026, the valves may continue to be protected by shrouds or guards conforming to the requirements in ISO 11117:2008 and Technical Corrigendum 1 (IBR; see § 171.7 of this subchapter). For metal hydride storage systems, by protecting the valves in accordance with the requirements in ISO 16111:2018(E) or, until December 31, 2026, in accordance with 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)/Amd. 1:2017 (IBR; see § 171.7 of this subchapter); * * * * * (d) Non-refillable UN pressure receptacles. (1) When the use of a valve is prescribed, the valve must conform to the requirements in ISO 11118:2015(E) and ISO 11118:2015/Amd 1:2019 until further notice. Conformance with ISO 11118:2015 without the supplemental amendment is authorized until December 31, 2026 (IBR, see § 171.7 of this subchapter). * * * * * (f) Hydrogen bearing gases. A steel UN pressure receptacle or a UN composite pressure receptacle with a steel liner bearing an ‘‘H’’ mark must be used for hydrogen bearing gases or other embrittling gases that have the potential of causing hydrogen embrittlement. * * * * * ■ 21. In § 173.302c, revise paragraph (k) to read as follows: § 173.302c Additional requirements for the shipment of adsorbed gases in UN pressure receptacles. * * * * * (k) The filling procedure must be in accordance with Annex A of ISO 11513:2019 (IBR, see § 171.7 of this subchapter). Until December 31, 2026, filling may instead be in accordance with Annex A of ISO 11513:2011(E) (IBR, see § 171.7 of this subchapter). * * * * * PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 34619 22. Revise § 173.311 to read as follows: ■ § 173.311 Metal Hydride Storage Systems. The following packing instruction is applicable to transportable UN Metal hydride storage systems (UN3468) with pressure receptacles not exceeding 150 liters (40 gallons) in water capacity and having a maximum developed pressure not exceeding 25 MPa. UN Metal hydride storage systems must be designed, constructed, initially inspected, and tested in accordance with ISO 16111:2018 (IBR, see § 171.7 of this subchapter), consistent with § 178.71(m) of this subchapter. Until December 31, 2026, UN Metal hydride storage systems may instead conform to ISO 16111:2008(E) (IBR, see § 171.7 of this subchapter). Steel pressure receptacles or composite pressure receptacles with steel liners must be marked in accordance with § 173.301b(f), which specifies that a steel UN pressure receptacle displaying an ‘‘H’’ mark must be used for hydrogen-bearing gases or other gases that may cause hydrogen embrittlement. Requalification intervals must be no more than every five years, as specified in § 180.207 of this subchapter, in accordance with the requalification procedures prescribed in ISO 16111:2018 or ISO 16111:2008. * * * * * PART 175—CARRIAGE BY AIRCRAFT 23. 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. 24. In § 175.1, add paragraph (e) to read as follows: ■ § 175.1 Purpose, scope, and applicability. * * * * * (e) In addition to the requirements of this part, air carriers that are certificate holders authorized to conduct operations in accordance with 14 CFR part 121 are also required to have a Safety Management System meeting the conditions of 14 CFR part 5 and found to be acceptable to the Federal Aviation Administration (FAA). ■ 25. In § 175.10, revise paragraphs (a) introductory text, (a)(14) introductory text, (a)(15)(v)(A), (a)(15)(vi)(A), (a)(17)(ii)(C), (a)(18) introductory text, and (a)(26) introductory text to read as follows: § 175.10 Exceptions for passengers, crewmembers, and air operators. * * * * * (a) This subchapter does not apply to the following hazardous materials when E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 34620 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules carried by aircraft passengers or crewmembers provided the requirements of §§ 171.15 and 171.16 of this subchapter (see paragraph (c) of this section) and the requirements of this section are met. The most appropriate description of the hazardous material item or article must be selected and the associated conditions for exception must be followed: * * * * * (14) Battery powered heat-producing devices (e.g., battery-operated equipment such as diving lamps and soldering equipment) as checked or carry-on baggage and with the approval of the operator of the aircraft. The heating element, the battery, or other component (e.g., fuse) must be isolated to prevent unintentional activation during transport. Any battery that is removed must be carried in accordance with the provisions for spare batteries in paragraph (a)(18) of this section. Each battery must be of a type which meets the requirements of each test in the UN Manual of Tests and Criteria, Part III, Subsection 38.3 (IBR, see § 171.7 of this subchapter), and each installed or spare lithium battery: * * * * * (15) * * * (v) * * * (A) Adequately protected against damage by design of the wheelchair or mobility aid and securely attached to the wheelchair or mobility aid; or * * * * * (vi) * * * (A) Adequately protected against damage by design of the wheelchair or mobility aid and securely attached to the wheelchair or mobility aid; or * * * * * (17) * * * (ii) * * * (C) The battery is adequately protected against damage by design of the wheelchair or mobility aid and securely attached to the wheelchair or other mobility aid; and * * * * * (18) Except as provided in § 173.21 of this subchapter, portable electronic devices (e.g., watches, calculating machines, cameras, cellular phones, laptop and notebook computers, camcorders, medical devices, etc.) that are not otherwise more appropriately described and subject to separate provisions in this section, containing dry cells or dry batteries (including lithium cells or batteries) and spare dry cells or batteries for these devices, when carried by passengers or crew members for personal use. Portable electronic devices powered by lithium batteries may be carried in either checked or VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 carry-on baggage. When carried in checked baggage, portable electronic devices powered by lithium batteries must be completely switched off (i.e., not in sleep or hibernation mode) and protected to prevent unintentional activation or damage, except portable electronic devices powered by lithium batteries with lithium content not exceeding 0.3 grams for lithium metal batteries and 2.7 Wh for lithium ion batteries are not required to be switched off. Spare lithium batteries must be carried in carry-on baggage only. Each installed or spare lithium battery must be of a type proven to meet the requirements of each test in the UN Manual of Tests and Criteria, Part III, Sub-section 38.3, and each spare lithium battery must be individually protected so as to prevent short circuits (e.g., by placement in original retail packaging, by otherwise insulating terminals by taping over exposed terminals, or placing each battery in a separate plastic bag or protective pouch). In addition, each installed or spare lithium battery: * * * * * (26) Baggage equipped with lithium batteries must be carried as carry-on baggage unless the batteries are removed from the baggage. Batteries must be of a type which meets the requirements of each test in the UN Manual of Tests and Criteria, Part III, Subsection 38.3 (IBR, see § 171.7 of this subchapter). Additionally, removed batteries must be carried in accordance with the provision for spare batteries prescribed in paragraph (a)(18) of this section. Baggage equipped with lithium batteries may be carried as checked baggage and electronic features may remain active if the batteries do not exceed: * * * * * ■ 26. In § 175.33, revise paragraph (a)(13)(iii) to read as follows: § 175.33 Shipping paper and information to the pilot-in-command. (a) * * * (13) * * * (iii) UN3481 and UN3091 are not required to appear on the information provided to the pilot-in-command when prepared in accordance with § 173.185(c)(4). * * * * * PART 178—SPECIFICATIONS FOR PACKAGINGS 27. 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. 28. In § 178.37, revise paragraph (j) to read as follows: ■ PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 § 178.37 Specification 3AA and 3AAX seamless steel cylinders. * * * * * (j) Flattening test. A flattening test must be performed on one cylinder, taken at random out of each lot of 200 or fewer, by placing the cylinder between wedge shaped knife edges, having a 60-degree included angle, rounded to 1⁄2-inch radius. The longitudinal axis of the cylinder must be at a 90-degree angle to the knife edges during the test. For lots of 30 or fewer, flattening tests are authorized to be made on a ring at least eight (8) inches long, cut from each cylinder and subjected to the same heat treatment as the finished cylinder. Cylinders may be subjected to a bend test in lieu of the flattening test. Two bend test specimens must be taken in accordance with ISO 9809–1:2019(E) or ASTM E290 (IBR, see § 171.7 of this subchapter), and must be subjected to the bend test specified therein. * * * * * ■ 29. In § 178.71, revise paragraphs (f)(4), (g), (i), (k)(1)(i) and (ii), (m), and (n) to read as follows: § 178.71 Specifications for UN pressure receptacles. * * * * * (f) * * * (4) 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 1,000 litres (IBR, see § 171.7 of this subchapter) in combination with ISO 21172–1:2015/Amd 1:2018(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 1,000 litres—Amendment 1 (IBR, see § 171.7 of this subchapter).Until December 31, 2026, the use of ISO 21172–1:2015 (IBR, see § 171.7 of this subchapter) without the supplemental amendment is authorized. * * * * * (g) Design and construction requirements for UN refillable seamless steel cylinders. In addition to the general requirements of this section, UN refillable seamless steel cylinders must conform to the following ISO standards, as applicable: (1) ISO 9809–1:2019(E), Gas cylinders—Refillable seamless steel gas cylinders—Design, construction, and testing—Part 1: Quenched and tempered steel cylinders with tensile strength less than 1100 MPa (IBR, see § 171.7 of this subchapter). Until December 31, 2026, a cylinder may instead conform to ISO E:\FR\FM\30MYP2.SGM 30MYP2 ddrumheller on DSK120RN23PROD with PROPOSALS2 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules 9809–1:2010(E) (IBR, see § 171.7 of this subchapter). (2) ISO 9809–2:2019(E), Gas cylinders—Design, construction and testing of refillable seamless steel gas cylinders and tubes—Part 2: Quenched and tempered steel cylinders and tubes with tensile strength greater than or equal to 1100 MPa (IBR, see § 171.7 of this subchapter). Until December 31, 2026, a cylinder may instead conform to ISO 9809–2:2010 (IBR, see § 171.7 of this subchapter). (3) ISO 9809–3:2019(E), Gas cylinders—Design, construction and testing of refillable seamless steel gas cylinders and tubes—Part 3: Normalized steel cylinders and tubes. (IBR, see § 171.7 of this subchapter). Until December 31, 2026, a cylinder may instead conform to ISO 9809–3:2010(E) (IBR, see § 171.7 of this subchapter). (4) ISO 9809–4:2014(E), Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 4: Stainless steel cylinders with an Rm value of less than 1 100 MPa (IBR, see § 171.7 of this subchapter). * * * * * (i) Design and construction requirements for UN non-refillable metal cylinders. In addition to the general requirements of this section, UN non-refillable metal cylinders must conform to ISO 11118:2015(E) Gas cylinders—Non-refillable metallic gas cylinders—Specification and test methods, in combination with ISO 11118:2015/Amd 1:2019 Gas cylinders—Non-refillable metallic gas cylinders—Specification and test methods—Amendment 1. (IBR, see § 171.7 of this subchapter). Until December 31, 2026, the use of ISO 11118:2015 (IBR, see § 171.7 of this subchapter) without the supplemental amendment is authorized. * * * * * (k) * * * (1) * * * (i) ISO 9809–1:2019(E) Gas cylinders—Refillable seamless steel gas cylinders—Design, construction, and testing—Part 1: Quenched and tempered steel cylinders with tensile strength less than 1100 MPa (IBR, see § 171.7 of this subchapter). Until December 31, 2026, a cylinder may instead conform to ISO 9809–1:2010(E) (IBR, see § 171.7 of this subchapter). (ii) ISO 9809–3:2019(E) Gas cylinders—Design, construction and testing of refillable seamless steel gas cylinders and tubes—Part 3: Normalized steel cylinders and tubes. (IBR, see § 171.7 of this subchapter). Until December 31, 2026, a cylinder may VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 instead conform to ISO 9809–3:2010(E) (IBR, see § 171.7 of this subchapter). * * * * * (m) Design and construction requirements for UN metal hydride storage systems. In addition to the general requirements of this section, metal hydride storage systems must conform to ISO 16111:2018(E) Transportable gas storage devices— Hydrogen absorbed in reversible metal hydride (IBR, see § 171.7 of this subchapter). Until December 31, 2026, UN metal hydride storage systems may instead conform to ISO 16111:2008 (IBR, see § 171.7 of this subchapter). (n) Design and construction requirements for UN cylinders for the transportation of adsorbed gases. In addition to the general requirements of this section, UN cylinders for the transportation of adsorbed gases must conform to the following ISO standards, as applicable: (1) ISO 11513:2019, Gas cylinders— Refillable welded steel cylinders containing materials for subatmospheric gas packaging (excluding acetylene)—Design, construction, testing, use and periodic inspection (IBR, see § 171.7 of this subchapter). Until December 31, 2026, UN cylinders may instead conform to ISO 11513:2011(E) (IBR, see § 171.7 of this subchapter). (2) ISO 9809–1:2019(E): Gas cylinders—Refillable seamless steel gas cylinders—Design, construction, and testing—Part 1: Quenched and tempered steel cylinders with tensile strength less than 1100 MPa (IBR, see § 171.7 of this subchapter). Until December 31, 2026, UN cylinders may instead conform to ISO 9809–1:2010(E) (IBR, see § 171.7 of this subchapter. * * * * * ■ 30. In § 178.75, revise paragraph (d)(3) introductory text and paragraph (d)(3)(i) through (iii) to read as follows: § 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: (i) ISO 9809–1:2019(E), Gas cylinders—Refillable seamless steel gas cylinders—Design, construction, and testing—Part 1: Quenched and tempered steel cylinders with tensile strength less than 1100 MPa (IBR, see § 171.7 of this subchapter). Until December 31, 2026, a pressure receptacle may instead conform to ISO 9809–1:2010(E) (IBR, see § 171.7 of this subchapter). PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 34621 (ii) ISO 9809–2:2019(E), Gas cylinders—Design, construction and testing of refillable seamless steel gas cylinders and tubes—Part 2: Quenched and tempered steel cylinders and tubes with tensile strength greater than or equal to 1100 MPa (IBR, see § 171.7 of this subchapter). Until December 31, 2026, a pressure receptacle may instead conform to ISO 9809–2:2010(E) (IBR, see § 171.7 of this subchapter). (iii) ISO 9809–3:2019(E), Gas cylinders—Design, construction and testing of refillable seamless steel gas cylinders and tubes—Part 3: Normalized steel cylinders and tubes. (IBR, see § 171.7 of this subchapter). Until December 31, 2026, pressure receptacle may instead conform to ISO 9809– 3:2010(E) (IBR, see § 171.7 of this subchapter). * * * * * ■ 31. In § 178.609, revise paragraph (d)(2) to read as follows: § 178.609 Test requirements for packagings for infectious substances. * * * * * (d) * * * (2) Where the samples are in the shape of a drum or jerrican, three samples must be dropped, one in each of the following orientations: (i) Diagonally on the top edge, with the center of gravity directly above the point of impact; (ii) Diagonally on the base edge; and (iii) Flat on the body or side. * * * * * ■ 32. In § 178.706, revise paragraph (c)(3) to read as follows: § 178.706 Standards for rigid plastic IBCs. * * * * * (c) * * * (3) No used material other than production residues or regrind from the same manufacturing process may be used in the manufacture of rigid plastic IBCs unless approved by the Associate Administrator. * * * * * ■ 33. In § 178.707, revise paragraph (c)(3)(iii) to read as follows: § 178.707 Standards for composite IBCs. * * * * * (c) * * * (3) * * * (iii) No used material, other than production residues or regrind from the same manufacturing process, may be used in the manufacture of inner receptacles unless approved by the Associate Administrator. * * * * * E:\FR\FM\30MYP2.SGM 30MYP2 34622 Federal Register / Vol. 88, No. 103 / Tuesday, May 30, 2023 / Proposed Rules PART 180—CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS 34. 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. 35. In § 180.207, revise paragraphs (d)(3) and (5), and add paragraph (d)(8) to read as follows: ■ § 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)/Amd 1:2019 (IBR, see § 171.7 of this subchapter). However, a cylinder may continue to be requalified ddrumheller on DSK120RN23PROD with PROPOSALS2 * VerDate Sep<11>2014 18:06 May 26, 2023 Jkt 259001 in accordance with ISO 10462:2013(E) (IBR, see § 171.7 of this subchapter) without the supplemental amendment until December 31, 2024. Further, a cylinder requalified in accordance with ISO 10462:2013(E) until December 31, 2018, may continue to be used until its next required requalification. The porous mass and the shell must be requalified no sooner than three (3) years, six (6) months, from the date of manufacture. Thereafter, subsequent requalifications of the porous mass and shell must be performed at least once every 10 years. * * * * * (5) UN cylinders for adsorbed gases: Each UN cylinder for adsorbed gases must be inspected and tested in accordance with § 173.302c of this subchapter and ISO 11513:2019(E) (IBR, PO 00000 Frm 00056 Fmt 4701 Sfmt 9990 see § 171.7 of this subchapter). However, a UN cylinder may continue to be requalified in accordance with ISO 11513:2011(E) (IBR, see § 171.7 of this subchapter) until December 31, 2024. * * * * * (8) UN pressure drums: UN pressure drums must be inspected and tested in accordance with ISO 23088:2020 (IBR, see § 171.7 of this subchapter). * * * * * Issued in Washington, DC, on March 31, 2023, 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. 2023–07109 Filed 5–26–23; 8:45 am] BILLING CODE 4910–60–P E:\FR\FM\30MYP2.SGM 30MYP2

Agencies

[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Proposed Rules]
[Pages 34568-34622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07109]

[[Page 34567]]

Vol. 88

Tuesday,

No. 103

May 30, 2023

Part II

Department of Transportation

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Pipeline and Hazardous Materials Safety Administration

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49 CFR Parts 171, 172, et al.

Hazardous Materials: Harmonization With International Standards;
Proposed Rule

Federal Register / Vol. 88 , No. 103 / Tuesday, May 30, 2023 /
Proposed Rules

[[Page 34568]]

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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-2021-0092 (HM-215Q)]
RIN 2137-AF57

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.

DATES: Comments must be received by July 31, 2023. 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: https://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-2021-
0092 (HM-215Q) or RIN 2137-AF57 for this rulemaking at the beginning of
your comment. Note that all comments received will be posted without
change to https://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 https://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 Proposed for Adoption
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. Unfunded Mandates Reform Act of 1995
H. Environment Assessment
I. Executive Order 12898
J. Privacy Act
K. Executive Order 13609 and International Trade Analysis
L. National Technology Transfer and Advancement Act
M. Executive Order 13211

I. Executive Summary

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 changes,
including changes to proper shipping names (PSN), hazard classes,
packing groups (PG), special provisions (SP), packaging authorizations,
air transport quantity limitations, and vessel stowage requirements.
The proposed amendments are discussed in detail in ``Section V.
Section-by-Section Review of NPRM Proposals.''
Adoption of the regulatory amendments proposed in this NPRM will
maintain the high safety standard currently achieved under the HMR.
PHMSA also notes that because harmonization of the HMR with
international regulations and consensus standards could reduce delays
and interruptions of hazardous materials during transportation, the
proposed 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 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 2023-2024 edition of the
International Civil Aviation Organization Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions); Amendment 41-22 to the International Maritime Dangerous
Goods Code (IMDG Code); and the 22nd revised edition of the United
Nations Recommendations on the Transport of Dangerous Goods--Model
Regulations (UN Model Regulations);
Hazardous Materials Table: PHMSA proposes amendments to
the Hazardous Materials Table (HMT; 49 CFR 172.101) to add, revise, or
remove certain PSNs, hazard classes, PGs, SPs, packaging
authorizations, bulk packaging requirements, and passenger and cargo
aircraft maximum quantity limits.

[[Page 34569]]

Polymerizing Substances: In 2017--as part of the HM-215N
final rule \1\--PHMSA added four new Division 4.1 (flammable solid)
entries for polymerizing substances to the HMT and added defining
criteria, authorized packagings, and safety requirements including, but
not limited to, stabilization methods and operational controls into the
HMR. These changes remained in effect until January 2, 2019, while
PHMSA used the interim period to review and research the implications
of the polymerizing substance amendments. In 2020--as part of the HM-
215O \2\ final rule--PHMSA extended the date the provisions remained in
effect from January 2, 2019, to January 2, 2023, to allow for the
additional research to be completed on the topic. In this NPRM, PHMSA
proposes to remove the phaseout date (January 2, 2023) from the
transport provisions for polymerizing substances to allow for continued
use of the provisions.
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\1\ 82 FR 15796 (Mar. 30, 2017).
\2\ 85 FR 27810 (May 11, 2020).
---------------------------------------------------------------------------

Cobalt dihydroxide powder containing not less than 10
percent respirable particles: PHMSA proposes to add a new entry to HMT,
``UN3550 Cobalt dihydroxide powder, containing not less than 10%
respirable particles'' and corresponding packaging provisions. Cobalt
is a key strategic mineral used in various advanced medical and
technical applications around the world, including various types of
batteries. Historically, this hazardous material has been classified
and transported as a Class 9 material under ``UN3077, Environmentally
hazardous substance, solid, n.o.s.'' however testing required under
Registration, Evaluation, Authorisations and Restriction of Chemicals
(REACH) regulations \3\ for comprehensive GHS testing, determined that
this material poses an inhalation toxicity hazard. Following this
determination, the 22nd revised edition of the UN Model Regulations
developed a new entry on the Dangerous Goods List (DGL) and packaging
authorizations specifically for this hazardous material to facilitate
continued global transport of this material. In this NPRM, PHMSA
proposes to do likewise by adding a new entry for cobalt dihydroxide
containing not less than 10 percent respirable particles and assigning
it UN3550 on the HMT, in addition to adding packaging provisions,
including the authorization to transport this material in flexible
IBCs. PHMSA expects that these provisions will facilitate the continued
transport of this material, to keep global supply chains open. See
172.101 of the Section-by-Section Review for additional discussion of
these amendments.
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\3\ Regulation (EC) No 1907/2006 of the European Parliament and
of the Council of 18 December 2006.
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Lithium Battery Exceptions: PHMSA proposes to remove the
exceptions provided for small lithium cells and batteries for
transportation by aircraft. This is consistent with the elimination of
similar provisions in the ICAO Technical Instructions. See 173.185 of
the Section-by-Section Review for additional discussion of these
amendments.
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 the need, benefits, and costs of the proposed HMR
revisions; impact on safety and the environment; 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 are informed by the latest best practices and
lessons learned; (2) improving understanding of, and compliance with,
pertinent requirements; (3) facilitating the 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 due to 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 consensus standards and regulations
consistent with PHMSA's safety mission. PHMSA reviews and evaluates
each international standard it considers for incorporation within the
HMR on its own merits, including 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 final rule HM-181,\4\ 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.
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\4\ 55 FR 52401 (Dec. 21, 1990).
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PHMSA has evaluated recent updates to the international standards,
including review of numerous updated standards for the design,
manufacture, testing, and use of packagings, and proposes to revise the
HMR to adopt changes consistent with revisions to the 2023-2024 edition
of the ICAO Technical Instructions, Amendment 41-22 to the IMDG Code,
and the 22nd revised edition of the UN Model Regulations, all of which
will be published by or in effect on January 1, 2023,\5\ while also
ensuring the changes are consistent with

[[Page 34570]]

PHMSA's safety mission. Consequently, PHMSA proposes to incorporate by
reference these revised international regulations, several new or
updated International Organization for Standards (ISO) standards, and a
new Organization for Economic Co-operation and Development (OECD)
standard. The regulations and standards incorporated by reference are
authorized for use for domestic transportation, under specific
conditions, in part 171, subpart C of the HMR.
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\5\ Amendment 41-22 of the IMDG Code will become mandatory on
January 1, 2024. Voluntary compliance begins on January 1, 2023.
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PHMSA issued an enforcement discretion on November 28, 2022,\6\
stating that while PHMSA is considering the 2023-2024 Edition of the
ICAO Technical Instructions and Amendment 41-22 of the IMDG Code for
potential adoption into the HMR, PHMSA and other federal agencies that
enforce the HMR (the Federal Railroad Administration (FRA), the Federal
Aviation Administration (FAA), the Federal Motor Carrier Safety
Administration (FMCSA), and the United States Coast Guard (USCG)) 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.
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\6\ https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/phmsa-notice-enforcement-policy-regarding-international.
---------------------------------------------------------------------------

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 numerous standards and specifications developed and published by
standard development organizations (SDO). In general, SDOs update and
revise their published standards every two to five 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 standards currently referenced in the HMR 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 \7\ that revised 1 CFR 51.5 to
require that an agency 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. Proposed changes
to the material incorporated by reference in the HMR are discussed in
detail in the Sec. 171.7 discussion in ``Section V. Section-by-Section
Review of NPRM Proposals.''
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\7\ 79 FR 66278 (Nov. 7, 2014).
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The UN Model Regulations, the United Nations Manual of Tests and
Criteria (UN Manual of Tests and Criteria),\8\ and the OECD standard
(i.e., Test No. 439) 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 references not freely available
helps to cover the cost of developing, maintaining, hosting, and
accessing these standards and regulations.
---------------------------------------------------------------------------

\8\ U.N. Econ. Comm'n for Europe, Transportation Division,
Manual of Tests and Criteria, 7th Rev. Ed., Amend. 1, U.N. Sales No.
21. VIII. 2 (2021).
---------------------------------------------------------------------------

IV. Amendments Not Being Proposed for Adoption

PHMSA determined that certain elements of updated international
regulations and standards 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 issuance of a special permit rather than allow for
general applicability by adopting those requirements into the HMR. Use
of a special permit allows for greater oversight and development of
transport history and data prior to determining whether to adopt the
terms of the special permit in the HMR for broad application.
The following is a list of international regulations and standards
updates that PHMSA is not proposing for adoption in this NPRM, and the
rationale for those decisions:
Fiber-reinforced plastic UN portable tanks: The 22nd
revised edition of the UN Model Regulations and Amendment 41-22 of the
IMDG Code include provisions for the design, construction, approval,
use, and testing of fiber-reinforced plastic (FRP) UN portable tanks.
These are UN portable tanks with shells made of FRP materials instead
of traditional steel. PHMSA is not proposing to make corresponding
amendments to the HMR to authorize general multi-modal transport of FRP
UN portable tanks. PHMSA believes further research is necessary in
areas covering material fatigue, suitability of the pool fire test and
impact testing as packaging qualification methods, and in the
identification of the most appropriate non-destructive test methodology
to qualify FRP UN portable tanks. The results of this research will be
used to better gauge the appropriateness of full adoption of the
provisions, amendments to the requirements for approval or use, or a
continued exclusion from the HMR. However, PHMSA is proposing an
amendment to Sec. 171.25--Additional requirements for the use of the
IMDG Code--that would allow limited import and export of FRP UN
portable tanks within a single port area. See ``Section V. Section-by-
Section Review of NPRM Proposals'' for a discussion of Sec. 171.25
changes.
Pressure receptacles: The 22nd revised edition of the UN
Model Regulations, the 2023-2024 edition of the ICAO Technical
Instructions, and Amendment 41-22 to the IMDG Code

[[Page 34571]]

amended various definitions and other language concerning the terms
``pressure receptacles'' and associated requirements for assessing
conformance of UN cylinders built to ISO standards. PHMSA is not
proposing to make changes to the HMR consistent with these amendments.
Terminology used in international standards and HMR differ such that an
evaluation is necessary to determinate the full impacts beyond merely
using consistent terminology. PHMSA may consider making relevant
changes regarding UN cylinders as needed in future rulemakings.
Aerosol containers: The 22nd revised edition of the UN
Model Regulations, the 2023-2024 edition of the ICAO Technical
Instructions, and Amendment 41-22 to the IMDG Code adopted maximum
internal pressure limits for aerosol containers. Prior to these
changes, these international regulations and standards had no specific
pressure limits for aerosol containers. PHMSA welcomes this additional
safety measure for the transport of aerosol containers, as it makes
aerosol containers constructed and filled in accordance with
international standards more consistent with existing domestic
requirements for aerosol containers, which are subject to internal
pressure limits as part of the performance standards for their
construction and use. Noting existing differences in the HMR, include
the definition for aerosol and the performance standards for their
construction and use and thus because of the complexity involved in
trying to harmonize the maximum pressure limits, PHMSA is not proposing
to adopt these internationally implemented maximum internal pressure
limits. Such harmonization would necessitate a review and evaluation
beyond the scope of this rulemaking.

V. Section-by-Section Review of NPRM Proposals

The following is a section-by-section review of proposed amendments
to harmonize the HMR with international regulations and standards.

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. PHMSA evaluated updated international consensus standards
pertaining to PSNs, hazard classes, PGs, 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 the updated consensus standards would have on
safety, when incorporated by reference and with 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. Additionally, as noted above, PHMSA has issued past
enforcement discretions authorizing their use of the consensus
standards 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
incorporation by reference will maintain the high safety standard
currently achieved under the HMR. Therefore, PHMSA proposes to add or
revise the following incorporation by reference materials.\9\
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\9\ 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 (t)(1), incorporate by reference the 2023-
2024 edition of the ICAO Technical Instructions, to replace the 2021-
2022 edition, which is currently referenced in Sec. Sec. 171.8; 171.22
through 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 international safe
transport of dangerous goods by air. The requirements in the 2023-2024
edition have been amended to align better with the 22nd revised edition
of the UN Model Regulations and the International Atomic Energy Agency
(IAEA) Regulations for the Safe Transport of Radioactive Material.
Notable changes in the 2023-2024 edition of the ICAO Technical
Instructions include new packing and stowage provisions, new and
revised entries on its Dangerous Goods List, and editorial corrections.
The 2023-2024 edition of the ICAO Technical Instructions is 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 2022
edition of the IMDG Code, Incorporating Amendment 41-22 (English
Edition), to replace Incorporating Amendment 40-20, 2020 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 (i.e., by vessel). Notable changes
in Amendment 41-22 of the IMDG Code include new packing and stowage
provisions, new and revised entries on its 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 9809, Parts 1 through 3. ISO 9809 is comprised of four parts (ISO
9809-1 through 9809-4) and specifies minimum requirements for the
material, design, construction, and workmanship; manufacturing
processes; and examination and testing at time of manufacture for
various types of refillable seamless steel gas cylinders and tubes.
PHMSA proposes to incorporate by reference the most recent versions of
Parts 1 through 3.

Incorporate by reference the third edition of ISO 9809-
1:2019(E), ``Gas cylinders--Design, construction and testing of
refillable seamless steel gas cylinders and tubes--Part 1: Quenched and
tempered steel cylinders and tubes with tensile strength less than 1100
Mpa'' in paragraph (w)(32). Additionally, PHMSA proposes a sunset date
of December 31, 2026, for continued use and phase out of the second
edition of ISO 9809-1:2010, which is currently referenced in Sec.
178.37, Sec. 178.71, and Sec. 178.75. Part 1 of ISO 9809 is
applicable to cylinders and tubes for compressed, liquefied, and
dissolved gases and for quenched and tempered steel cylinders and tubes
with a maximum actual tensile strength of less than 1100 MPa, which is
equivalent to U.S. customary unit of about 160,000 psi. As part of its
periodic review of all standards, ISO reviewed ISO 9809-

[[Page 34572]]

1:2010(E) and published an updated version, ISO 9809-1:2019(E), which
was published in 2019 and adopted in the 22nd revised edition of the UN
Model Regulations. The updated standard has technical revisions
including limiting the bend test only for prototype tests. Updating
references to this document would align the HMR with changes adopted in
the 22nd revised edition of the UN Model Regulations pertaining to the
design and construction of UN cylinders. PHMSA has reviewed this
edition as part of its regular participation in the review of
amendments proposed for the UN Model Regulations and concludes
incorporation of the revised third edition will maintain or improve the
safety standards associated with its use.
Incorporate by reference the third edition of ISO 9809-
2:2019(E), ``Gas cylinders--Design, construction and testing of
refillable seamless steel gas cylinders and tubes--Part 2: Quenched and
tempered steel cylinders and tubes with tensile strength greater than
or equal to 1100 MPa'' in paragraph (w)(35). ISO 9809-2:2019 is the
third edition of ISO 9809-2. Additionally, PHMSA proposes a sunset date
of December 31, 2026, for continued use and phaseout of the second
edition of ISO 9809-2:2010, which is currently referenced in Sec.
178.71, and Sec. 178.75. ISO 9809-2:2019 specifies minimum
requirements for the material, design, construction and workmanship,
manufacturing processes, examination and testing at time of manufacture
for refillable seamless steel gas cylinders and tubes with water
capacities up to and including 450 L. Part 2 of ISO 9809 is applicable
to cylinders and tubes for compressed, liquefied, and dissolved gases
and for quenched and tempered steel cylinders and tubes with an actual
tensile strength greater than or equal to 1100 MPa. As part of its
periodic review of all standards, ISO reviewed ISO 9809-2:2010 and
published an updated version, ISO 9809-2:2019, in 2019; this updated
version was adopted in the 22nd revised edition of the UN Model
Regulations. The updated standard has technical revisions including
expanded cylinder size (i.e., allowed water capacity is extended from
below 0.5 L to up to and including 450 L); the introduction of specific
batch sizes for tubes; limiting the bend test only for prototype tests;
the addition of test requirements for check analysis (tolerances
modified); and the addition of new test requirements for threads.
Updating references to this document would align the HMR with changes
adopted in the 22nd revised edition of the UN Model Regulations
pertaining to the design and construction of UN cylinders. PHMSA has
reviewed this edition as part of its regular participation in the
review of amendments proposed for the UN Model Regulations and
concludes incorporation of the revised third edition will maintain or
improve the safety standards associated with its use.
Incorporate by reference the third edition of ISO 9809-
3:2019(E), ``Gas cylinders--Design, construction and testing of
refillable seamless steel gas cylinders and tubes--Part 3: Normalized
steel cylinders and tubes'' in paragraph (w)(38). Additionally, PHMSA
proposes a sunset date of December 31, 2026, for continued use phaseout
of the second edition of ISO 9809-3:2010, which is currently referenced
in Sec. 178.71 and Sec. 178.75. ISO 9809-3 is applicable to cylinders
and tubes for compressed, liquefied, and dissolved gases and for
normalized or normalized and tempered, steel cylinders and tubes. As
part of its periodic review of all standards, ISO reviewed ISO 9809-
3:2010 and published an updated version, ISO 9809-3:2019. The updated
standard has technical revisions including: a wider scope of cylinders
(i.e., allowed water capacity is extended from below 0.5 L up to and
including 450 L); the introduction of specific batch sizes for tubes;
limiting the bend test only for prototype tests; the addition of test
requirements for check analysis (tolerances modified); and the addition
of new test requirements for threads. Updating references to the 2019
edition would align the HMR with changes adopted in the 22nd revised
edition of the UN Model Regulations, which added this version
pertaining to the design and construction of UN cylinders. PHMSA has
reviewed this edition as part of its regular participation in the
review of amendments proposed for the UN Model Regulations and
concludes incorporation of the revised third edition will maintain or
improve the safety standards associated with its use.

--Incorporate by reference supplemental amendment ISO 10462:2013/Amd
1:2019(E), ``Gas cylinders--Acetylene cylinders--Periodic inspection
and maintenance--Amendment 1'' in paragraph (w)(48). This proposed
change would add a reference to ISO 10462:2013/Amd 1:2019(E) in Sec.
180.207(d)(3), where ISO 10462:2013 is currently required, and add a
sunset date of December 31, 2024, for continued use and phaseout of ISO
10462:2013 without the supplemental amendment. ISO 10462:2013 specifies
requirements for the periodic inspection of acetylene cylinders as
required for the transport of dangerous goods and for maintenance in
connection with periodic inspection. It applies to acetylene cylinders
with and without solvent and with a maximum nominal water capacity of
150 L. As part of a periodic review of its standards, ISO reviewed ISO
10462:2013, and in June 2019 published a short supplemental amendment,
ISO 10462:2013/Amd 1:2019. The supplemental document includes updates
such as simplified marking requirements for rejected cylinders.
Updating references to this document would align the HMR with documents
referenced in the 22nd revised edition of the UN Model Regulations
pertaining to the requalification procedures for acetylene UN
cylinders. PHMSA has reviewed this edition as part of its regular
participation in the review of amendments proposed for the UN Model
Regulations and concludes the incorporation of the supplemental
document maintains the HMR safety standards for use of acetylene
cylinders.
--Incorporate by reference the third edition of ISO 11117:2019(E),
``Gas cylinders--Valve protection caps and guards--Design, construction
and tests'' in paragraph (w)(56). This amendment would authorize the
use of the third edition until further notice and add an end date of
December 31st, 2026, to the authorization for use of the second
edition, ISO 11117:2008 and the associated corrigendum, which are
currently referenced in Sec. 173.301b. ISO 11117 specifies the
requirements for valve protection caps and valve guards used on
cylinders for liquefied, dissolved, or compressed gases. The changes in
this revised standard pertain to the improvement of the
interoperability of both the valve protection caps and the valve
guards, with the cylinders and the cylinder valves. To that end, the
drop test, the marking, and test report requirements have been revised
and clarified. Updating references to this document would align the HMR
with changes adopted in the 22nd revised edition of the UN Model
Regulations pertaining to valve protection on UN pressure receptacles.
PHMSA has reviewed this edition as part of its regular participation in
the review of amendments proposed for the UN Model Regulations and does
not

[[Page 34573]]

expect any degradation of safety standards in association with its use.
--Incorporate by reference ISO 11118:2015/Amd 1:2019(E), ``Gas
cylinders--Non-refillable metallic gas cylinders--Specification and
test methods--Amendment 1'' in paragraph (w)(59). ISO 11118:2015/Amd
1:2019(E) is a short supplemental amendment that is intended to be used
in conjunction with ISO 11118:2015, which is currently referenced in
Sec. 178.71. This amendment would authorize the use of this
supplemental amendment in conjunction with ISO 11118:2015 until further
notice and add an end date of December 31, 2026, until which ISO
11118:2015 may continue to be used without this supplemental amendment.
ISO 11118:2015, which specifies minimum requirements for the material,
design, inspections, construction and workmanship, manufacturing
processes, and tests at manufacture of non-refillable metallic gas
cylinders of welded, brazed, or seamless construction for compressed
and liquefied gases including the requirements for their non-refillable
sealing devices and their methods of testing. ISO 11118:2015/Amd 1:2019
corrects the identity of referenced clauses and corrects numerous
typographical errors. The amendment also includes updates to the
marking requirements in the normative Annex A, which includes
clarifications, corrections, and new testing requirements. Updating
references to this document would align the HMR with documents
referenced in the 22nd revised edition of the UN Model Regulations
pertaining to non-refillable UN cylinders. PHMSA has reviewed this
amended document as part of its regular participation in the review of
amendments proposed for the UN Model Regulations and determined that
the added corrections and clarifications provide important additional
utility for users of ISO 11118:2015(E) and does not expect any
degradation of safety standards in association with its use.
--Incorporate by reference ISO 11513:2019, ``Gas cylinders--Refillable
welded steel cylinders containing materials for sub-atmospheric gas
packaging (excluding acetylene)--Design, construction, testing, use and
periodic inspection'' in paragraph (w)(71). ISO 11513:2019 is the
second edition of ISO 11513. This amendment would authorize the use of
the second edition and add an end date to the authorization for use of
the first edition, ISO 11513:2011 (including Annex A), which is
currently referenced in Sec. 173.302c, Sec. 178.71, and Sec.
180.207. ISO 11513 specifies minimum requirements for the material,
design, construction, workmanship, examination and testing at
manufacture of refillable welded steel cylinders for the sub-
atmospheric pressure storage of liquefied and compressed gases. The
second edition has been updated to amend packing instructions and
remove a prohibition on the use of ultrasonic testing during periodic
inspection. Updating references to this document would align the HMR
with documents referenced in the 22nd revised edition of the UN Model
Regulations pertaining to the shipment of adsorbed gases in UN pressure
receptacles. PHMSA has reviewed this edition 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 its use.
--Incorporate by reference ISO 16111:2018, ``Transportable gas storage
devices--Hydrogen absorbed in reversible metal hydride'' in paragraph
(w)(80). ISO 16111:2018 is the second edition of ISO 16111. This
amendment would authorize the use of the second edition until further
notice and add an end date of December 31, 2026, on the authorization
to use the first edition, ISO 16111:2008, which is referenced in
Sec. Sec. 173.301b, 173.311, and 178.71. ISO 16111 defines the
requirements applicable to the material, design, construction, and
testing of transportable hydrogen gas storage systems which utilize
shells not exceeding 150 L internal volume and having a maximum
developed pressure not exceeding 25 MPa. This updated standard includes
additional information pertaining to service temperature conditions
which have been described in detail; new references related to shell
design; modified drop test conditions; modified acceptance criteria for
leak testing; modified hydrogen cycling conditions; new warning
labelling; and updated information on safety data sheets. Updating
references to this document would align the HMR with documents
referenced in the 22nd revised edition of the UN Model Regulations
pertaining to metal hydride storage systems. PHMSA has reviewed this
edition 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 its use.
--Incorporate by reference ISO 17871:2020(E), ``Gas cylinders--Quick-
release cylinder valves--Specification and type testing'' in paragraph
(w)(83). ISO 17871:2020 is the second edition of ISO 17871. This
amendment would authorize the use of the second edition and add an end
date of December 31st, 2026, to the authorization for use of the first
edition, ISO 17871:2015(E), which is currently referenced in 173.301b.
This document, in conjunction with ISO 10297 and ISO 14246, specifies
design, type testing, marking, and manufacturing tests, and
examinations requirements for quick-release cylinder valves intended to
be fitted to refillable transportable gas cylinders, pressure drums and
tubes which convey certain gases such as compressed or liquefied gases
or extinguishing agents charged with compressed gases to be used for
fire-extinguishing, explosion protection, and rescue applications. As
part of its regular review of its standards, ISO updated and published
the second edition of ISO 17871 as ISO 17871:2020. The 2020 edition of
this standard broadens the scope to include quick release valves for
pressure drums and tubes and specifically excludes the use of quick
release valves with flammable gases. Other notable changes include the
addition of the valve burst test pressure, the deletion of the flame
impingement test, and the deletion of internal leak tightness test at -
40 [deg]C for quick release cylinder valves used only for fixed fire-
fighting systems installed in buildings. Updating references to this
document would align the HMR with changes adopted in the 22nd revised
edition of the UN Model Regulations pertaining to the shipment of gases
in UN pressure receptacles. PHMSA has reviewed this edition 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 its use.
--Incorporate by reference ISO 21172-1:2015/Amd 1:2018, ``Gas
cylinders--Welded steel pressure drums up to 3000 litres capacity for
the transport of gases--Design and construction--Part 1: Capacities up
to 1000 litres--Amendment 1'' in paragraph (w)(89). ISO 21172-1:2015/
Amd1:2018 is a short supplemental amendment that is intended to be used
in conjunction with ISO 21172-1:2015, which is currently referenced in
Sec. 178.71. This

[[Page 34574]]

amendment would authorize the use of this supplemental document in
conjunction with the first edition, ISO 21172-1:2015. It would also add
an end date of December 31, 2026, until which ISO 21172-1:2015 may
continue to be used without this supplemental amendment. ISO 21172-
1:2015 specifies the minimum requirements for the material, design,
fabrication, construction, workmanship, inspection, and testing at
manufacture of refillable welded steel gas pressure drums of volumes
150 L to 1000 L and up to 300 bar (30 MPa) test pressure for compressed
and liquefied gases. This supplemental amendment includes updated
references and removes the restriction on corrosive substances.
Updating references to this document would align the HMR with documents
referenced in the 22nd revised edition of the UN Model Regulations
pertaining to the design and construction of UN pressure drums. PHMSA
has reviewed this edition 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 its use.
--Incorporate by reference ISO 23088:2020, ``Gas cylinders--Periodic
inspection and testing of welded steel pressure drums--Capacities up to
1000 l'' in paragraph (w)(91). This amendment would incorporate by
reference the first edition of ISO 23088, which specifies the
requirements for periodic inspection and testing of welded steel
transportable pressure drums of water capacity from 150 L up to 1,000 L
and up to 300 bar (30 MPa) test pressure intended for compressed and
liquefied gases in Sec. 180.207. This new standard was adopted in the
22nd revised edition of the UN Model Regulations because it fulfills
the need for specific periodic inspection instructions for pressure
drums constructed in accordance with ISO 21172-1. Incorporating by
reference this document would align the HMR with standards adopted in
the 22nd revised edition of the UN Model Regulations pertaining to the
design, construction, and inspection of UN pressure drums. PHMSA has
reviewed this document as part of its regular participation in the
review of amendments proposed for the UN Model Regulations and expects
that its addition will facilitate the continued use of UN pressure
drums with no degradation of safety.

In paragraph (aa)(3), incorporate by reference the OECD
Guidelines for the Testing of Chemicals ``Test No. 439: In Vitro Skin
Irritation: Reconstructed Human Epidermis Test Method'' (2015). This
Test Guideline (TG) provides an in vitro procedure that may be used for
the hazard identification of irritant chemicals. PHMSA proposes to
reference this test in Sec. 173.137, and to authorize the use of this
test method in addition to those already referenced in that section.
This test method is used to specifically exclude a material from
classification as corrosive and to maintain alignment with the 22nd
revised edition of the UN Model Regulations. This test method provides
an in vitro procedure that may be used for the hazard identification of
irritant chemicals (substances and mixtures). 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,'' 22nd revised edition (2021), 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 tenth session on December 11, 2020, the UNSCOE on the Transport of
Dangerous Goods adopted amendments to the UN Model Regulations on the
Transport of Dangerous Goods concerning, inter alia, electric storage
systems (including modification of the lithium battery mark and
provisions for transport of assembled batteries not equipped with
overcharge protection), requirements for the design, construction,
inspection and testing of portable tanks with shells made of fiber
reinforced plastics (FRP) materials, modified listings of dangerous
goods; and additional harmonization with the IAEA Regulations for the
Safe Transport of Radioactive Material. PHMSA participates in the
development of the UN Model Regulations and has determined that the
amendments adopted in the 22nd revised edition support the safe
transport of hazardous materials and as such are appropriate for
incorporation in the HMR. The 22nd revised edition of the UN Model
Regulations is available online at: https://unece.org/transport/dangerous-goods/un-model-regulations-rev-22.
--``The Manual of Tests and Criteria, Amendment 1 to the Seventh
revised edition'' (Rev.7/Amend.1) (2021), in paragraph (dd)(2)(ii),
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. At its tenth session the Committee of Experts on the
Transport of Dangerous Goods and on the Globally Harmonized System of
Classification and Labelling of Chemicals adopted a set of amendments
to the seventh revised edition of the Manual, which were circulated and
collected in amendment 1 to the seventh revised edition. The new
amendments adopted in December 2020 pertain to the transport of
explosives, including alignment with revised Chapter 2.1 of the GHS,
classification of self-reactive substances and polymerizing substances,
and the assessment of the thermal stability of samples and temperature
control assessment for transport of self-reactive substances and
organic peroxides. PHMSA has reviewed and approved the amendments
adopted in this document and further expects that their incorporation
in the HMR will provide an additional level of safety. PHMSA proposes
to incorporate by reference this document as a supplement, to be used
in conjunction with the seventh revised edition (2019). The amendments
to the manual can be accessed at https://unece.org/transport/dangerous-goods/rev7-files.
--``Globally Harmonized System of Classification and Labelling of
Chemicals (GHS),'' ninth revised edition (2021) 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 these hazards. At its tenth session on December 11, 2020,
the Committee of Experts on the Transport of Dangerous Goods and on the
Globally Harmonized System of

[[Page 34575]]

Classification and Labelling of Chemicals adopted a set of amendments
to the eighth revised edition of the GHS which include, inter alia:
revisions to Chapter 2.1 (explosives) to better address their explosion
hazard when they are not in their transport configuration; revisions to
decision logics; revisions to classification and labelling summary
tables in Annex 1; revisions and additional rationalization of
precautionary statements; and updates of references to OECD test
guidelines for the testing of chemicals in Annexes 9 and 10. PHMSA has
reviewed and approved the amendments incorporated in this document and
further expects that its incorporation in the HMR will provide an
additional level of safety. The ninth revised edition of the GHS can be
accessed at https://unece.org/transport/standards/transport/dangerous-goods/ghs-rev9-2021.
Section 171.12
Section 171.12 prescribes requirements for shipments of hazardous
materials in North America, including use of the Transport Canada (TC)
Transportation of Dangerous Goods (TDG) Regulations. In rule HM-
215N,\10\ PHMSA amended the HMR to expand recognition of cylinders and
pressure receptacles, and certificates of equivalency--Transport
Canada's equivalent of a special permit--approved in accordance with
the TDG Regulations. The goal of these amendments was to promote
flexibility and permit the use of modern technology for the
requalification and use of pressure receptacles, to expand the universe
of pressure receptacles authorized for use in hazardous material
transport, to reduce the need for special permits, and to facilitate
cross-border transportation of these pressure receptacles. In
accordance with Sec. 171.12(a)(4), when the provisions of the HMR
require the use of either a DOT specification or a UN pressure
receptacle for transport of a hazardous material, a packaging
authorized by Transport Canada's TDG Regulations may be used only if it
corresponds to the DOT specification or UN standard. HM-215N revised
paragraph (a)(4)(iii) to include a table listing Canadian Railway
Commission (CRC), Board of Transport Commissioners for Canada (BTC),
Canadian Transport Commission (CTC) or Transport Canada (TC)
specification cylinders, in accordance with the TDG Regulations, and in
full conformance with the TDG Regulations, that correspond with a DOT
specification cylinder.
---------------------------------------------------------------------------

\10\ 82 FR 15796 (Mar. 30, 2017).
---------------------------------------------------------------------------

However, there are currently no TC specification cylinders
corresponding to DOT specification cylinders listed in the table for
DOT-8 and DOT-8AL cylinders used to transport acetylene. During the
development of HM-215N, PHMSA conducted a comparative analysis of DOT
and TC cylinder specifications and only those TC cylinder
specifications that corresponded directly to DOT cylinder
specifications were included. The result was that PHMSA did not include
TC-8WM and TC-8WAM specifications for the transport of acetylene in the
table of corresponding cylinders at Sec. 171.12(a)(4)(iii). This
omission was primarily due to concerns over differing solvent
authorizations, calculations, and methods of construction for the
design associated with the TC-8WM and TC-8WAM specifications. PHMSA
conducted a second comparative analysis of DOT and TC cylinder
specifications for transport of acetylene and concluded that the
initial concerns were unwarranted. Therefore, PHMSA proposes to add TC-
8WM and TC-8WAM specifications to the table of corresponding DOT
specifications in Sec. 171.12(a)(4)(iii) as comparable cylinders to
DOT-8 and DOT-8AL, respectively.
PHMSA's supplemental review indicates the differences between the
TC and DOT specifications for transport of acetylene are minor and the
standard for safety of transportation of acetylene in cylinders under
the HMR is maintained. This proposal would allow for TC acetylene
cylinders manufactured in Canada to be filled, used, and requalified
(including rebuild, repair, reheat-treatment) in the United States,
facilitating cross border movement of acetylene and eliminates the need
for a special permit to allow transport of acetylene in these TC-8WM
and TC-8AWM cylinders while maintaining an equivalent level of safety.
Additionally, this proposal would provide reciprocity to Transport
Canada's authorized use of DOT-8 and DOT-8AL cylinders for acetylene
transport.
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 authorized use, under specific conditions, of pi-marked
pressure receptacles that comply with the Agreement Concerning the
International Carriage of Dangerous Goods by Road (ADR), and the EU
Directive 2010/35/EU,\11\ and marked with a pi ([pi]) symbol to denote
such compliance for transport of hazardous materials. PHMSA proposes to
amend the language in the provisions for pi-marked pressure receptacles
in paragraph (a)(3) to clarify the scope of pressure receptacles
authorized by this section. Pressure receptacles is a collective term
that may be used to refer to many types of pressurized containers of
various sizes, such as cylinders, tubes, pressure drums, closed
cryogenic receptacles, metal hydride storage systems, bundles of
cylinders or salvage pressure receptacles. When PHMSA adopted the
provisions for pi-marked pressure receptacles,\12\ we did not intend to
broadly apply the scope to all pressure receptacle types. Instead,
PHMSA's intent was to apply the authorized use of pi-marked pressure
receptacles domestically to only cylinders, as indicated in current
paragraph (a)(3)(iii), which specifically references cylinders. Some of
the pressure receptacles authorized in accordance with the ADR standard
do not have an equivalent packaging authorized in the HMR, and some
have large capacities, both of which give pause to PHMSA with respect
to the hazardous materials authorized in these packagings. Therefore,
PHMSA proposes to replace the words ``pressure receptacles'' in
paragraph (a)(3) with ``cylinders with a water capacity not exceeding
150 L,'' as defined in Sec. 171.8, to specify the scope of pi-marked
pressure receptacles authorized under Sec. 171.23. PHMSA expects that
this amendment will improve safety by providing additional clarity with
regard to the scope of authorized use of pi-marked pressure receptacles
for transport of hazardous material in the United States. PHMSA is
aware of growing interest in the authorization for use of other pi-
marked pressure receptacles and PHMSA plans to address that issue in a
future rulemaking.
---------------------------------------------------------------------------

\11\ U.N. Econ. Comm'n for Europe, Transportation Division,
Agreement Concerning the Int'l Carriage of Dangerous Goods by Road,
110th Sess., ECE/TRANS/300, U.N. Sales No. E. 21. VIII. 1 (2020).
\12\ 85 FR 75680 (Nov. 25, 2020).
---------------------------------------------------------------------------

Section 171.25
Section 171.25 outlines additional requirements for the use of the
IMDG Code in addition to those found in Sec. 171.22 and Sec. 171.23.
As discussed above in Section IV. Amendments Not Being Considered for
Adoption, specifically Issue #1, PHMSA is not proposing to adopt
provisions for UN FRP portable tanks in the HMR.

[[Page 34576]]

However, to facilitate limited import and export of these tanks in
international commerce, and to gain additional experience with their
transport, PHMSA proposes to add a new paragraph Sec. 171.25(c)(5)
that would prohibit the general transportation of UN FRP portable tanks
designed and constructed in accordance with Chapter 6.10 of the IMDG
Code within the United States, yet allow for the tanks to be
transported within a single port area in the United States in
accordance with the provisions of Sec. 171.25(d) covering the use of
the IMDG Code in port areas. This action will maintain the safe
transportation of hazardous material under the HMR while facilitating
international commerce by permitting the import or export of hazardous
materials in UN FRP portable tanks and limiting their use and movement
within the confines of a single port area.

B. Part 172

Section 172.101 Hazardous Materials Table (HMT)
The HMT summarizes terms and conditions governing transportation of
listed hazardous materials under the HMR. For each entry, the HMT
identifies information such as the PSN, 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 several changes to the HMT as discussed
below. 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 PSNs, appear as a ``remove''
and ``add.'' Proposed amendments to the HMT include the following:
New HMT Entry
PHMSA proposes to add new entry, ``UN3550, Cobalt dihydroxide
powder, containing not less than 10% respirable particles, Division
6.1, PG I'' to the HMT. Cobalt is a key strategic mineral used in
various advanced medical and technical applications around the world,
and it is essential to keep the global supply chains for this material
open. This material has a 40-year history of safe global transport as
``UN3077, Environmentally hazardous substance, solid, n.o.s., Class 9''
in different forms, including as crude material directly from mines,
high moisture content paste, and very fine refined powders in flexible
IBCs rated for PG III. However, recent testing required for compliance
with the REACH Regulation in the European Union, and subsequent
evaluation against the hazard classification criteria of the EU
Classification, Labelling, and Packaging (CLP) Regulation resulted in a
classification of Acute toxicity by inhalation Category 1, which is
equivalent to the Division 6.1 hazard classification. As a result of
this testing, it was determined that when this material is in fine
powder form, it must no longer be transported as Class 9 miscellaneous
hazard material. In powder form, cobalt dihydroxide powder must now be
classified as a Division 6.1 toxic-by-inhalation solid material, for
which a unique UN identification number and associated classification,
hazard communication, and packing instructions does not currently exist
in the HMT. This change in classification led to the development of the
new UN identification number UN3550 and associated transportation
requirements by the UNSCOE. To that end, the UNSCOE developed
appropriate packaging provisions, including a special packaging
condition, which permits the continued use of certain flexible IBCs.
PHMSA notes that other forms of cobalt dihydroxide powder may continue
to be classified and described as ``UN3077, Environmentally hazardous,
solid, n.o.s., 9, PG III.'' Specifically, the UNSCOE addressed shipper
concerns that flexible IBCs are not otherwise permitted for transport
of Division 6.1 toxic solids, yet there is a 40-year record of safe
transport of the refined material as UN3077 material in flexible IBCs,
with no recorded accidents, incidents, or health issues. PHMSA proposes
to also add a corresponding special provision (IP22) to indicate that
the use of certain flexible IBCs is permitted for UN3550, which is
discussed further in Sec. 172.102 of this Section-by-Section Review).
The other packaging provisions for this cobalt dihydroxide powder are
consistent with those for other Division 6.1 solid materials assigned
PG I, such as ``UN3467, Organometallic compound, solid, toxic, n.o.s.''
An entry for UN3550 was also added in the 2023-2024 ICAO Technical
Instructions and aligns with the proposed packaging requirements in
this NPRM. PHMSA agrees with the UN provision to allow for the
continued transport of this hazardous material in flexible IBCs, or in
accordance with other special provisions and packaging requirements
outlined in Part 173. The addition of this new HMT entry will maintain
the HMR's safety standard for transportation of Division 6.1 solid
materials.
HMT Corrections
PHMSA proposes to make corrections to multiple HMT entries that
were inadvertently modified in previous rulemakings. Specifically, for
the PGII and PGIII entries for ``UN3129, Water-reactive liquid,
corrosive, n.o.s'' and ``UN3148, Water-reactive liquid, n.o.s'', the
references to exceptions in Sec. 173.151 in Column 8A were removed and
replaced with the word ``None''. While there are no exceptions these
materials when assigned to PGI, PHMSA did not intend to remove the
exceptions for PGII and III materials. Additionally, for the PGIII
entry for ``UN3148, Water-reactive liquid, n.o.s'', the ``G'' in Column
1, which indicates that a technical name must be provided in
association with the proper shipping name, was also inadvertently
deleted. PHMSA expects that making these editorial corrections will
prevent frustrations in shipping due to the inadvertent removal of the
reference to authorized shipping exceptions and confusion regarding the
required shipping description. PHMSA also proposes a correction to the
entry ``UN0512, Detonators, electronic programmable for blasting''. In
HM-215P, PHMSA added three new entries for electronic detonators to
distinguish them from electric detonators, which have different
functioning characteristics but similar regulatory provisions for their
transport. PHMSA incorrectly assigned an obsolete special provision,
Special Provision 103, which was removed from the HMR by final rule HM-
219C.\13\ UN0512 is comparable to the entry UN0255 and therefore should
reflect the same special provision, Special Provision 148. Therefore,
PHMSA proposes to remove the reference to Special Provision 103 in
Column 7 for UN0512 and replace it with Special Provision 148
consistent with the entry of UN0255. PHMSA expects that this correction
will remove confusion surrounding additional provisions for these
detonators. Lastly, PHMSA proposes a correction to the proper shipping
name for UN3380, which should read ``Desensitized explosive, solid,
n.o.s.''. In the previous HM-215 rulemaking, the word ``explosive'' was
inadvertently made plural. This spelling is in conflict with a similar
material on the HMT, ``UN3379. Desensitized explosive, liquid, n.o.s.''
and international regulations. Therefore, PHMSA expects that this
correction will remove

[[Page 34577]]

confusion surrounding the proper shipping name for these materials.
---------------------------------------------------------------------------

\13\ 85 FR 75680 (November 25, 2020).
---------------------------------------------------------------------------

Lastly, PHMSA proposes to make a correction to the HMT entry for
``UN1791, Hypochlorite Solutions''. In HM-215O, PHMSA added stowage
codes 53 and 58--which require stowage ``separated from alkaline
compounds'' and ``separated from cyanides,'' respectively--to Column
10B of the HMT for several hazardous materials for consistency with
changes included in Amendment 39-18 of the IMDG Code. These stowage
codes were intended to be applied to several HMT entries to ensure
proper segregation between acids and both amines and cyanides but
should not have included UN1791. Therefore, PHMSA proposes to remove
stowage codes 53 and 58 from Column 10B for this entry. PHMSA expects
that this correction will remove the burden faced by shippers who have
had to segregate hypochlorite solutions for compliance with the HMR,
which is inconsistent with the requirements of the IMDG Code.
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 PSNs. PHMSA
proposes to consolidate two entries in the HMT that are currently
listed under ``UN1169, Extracts, aromatic, liquid'' (PGII and PGIII)
and ``UN1197, Extracts, flavoring, liquid'' (PGII and PGIII).
Specifically, PHMSA proposes to remove the table entry for ``UN1169,
Extracts, aromatic, liquid'' and modify the PSN associated with the
table entry for UN1197 to reflect materials that have been historically
transported separately under UN1169 and UN1197. The 22nd revised
edition of the UN Model Regulations made these same changes, deleting
UN1169 from the Dangerous Goods List and changing the PSN for UN1197 to
``Extracts, liquid, for flavor or aroma'' to remove confusion
associated with selection of the appropriate PSNs across the various
languages of nations engaged in international shipments of the
material. It became apparent that, whether for a flavor extract or
aroma extract, the PSNs were often used interchangeably as there is no
difference between the two with regard to classification, hazard
communication, and packaging for transport. PHMSA agrees that the
existence of two interchangeable UN numbers does not provide any
additional value and, therefore, proposes to remove the table entry for
UN1169 and modify the PSN for UN1197 to read ``Extracts, liquid, for
flavor or aroma''. Additionally, PHMSA proposes to amend the text of
paragraph (c)(12)(ii), which outlines requirements for generic or
n.o.s. descriptions. The text of this paragraph provides an example
using ``Extracts, flavoring, liquid.'' Therefore, PHMSA proposes to
amend the wording of that example by replacing ``Extracts, flavoring,
liquid'' with ``Extracts, liquid, for flavor or aroma'' to correspond
to the amended PSN for UN1197. This proposed action maintains the
current level of safety for transportation of liquid extracts.
Column (3) Hazard Class or Division
Section 172.101(d) describes column (3) of the HMT, which
designates the hazard class or division corresponding to the PSN of
that entry. Consistent with changes adopted in the 22nd revised edition
of the UN Model Regulations, PHMSA proposes to change the primary
hazard classification for the entry ``UN1891, Ethyl Bromide,'' from a
toxic liquid of Division 6.1 to a Class 3 flammable liquid. This change
in classification is consistent with the change adopted in the 2023-
2024 ICAO Technical Instructions as well as the UN Model Regulations
and is based on new test data indicating that the flash point and
boiling point of ethyl bromide has a core flammability hazard according
to the Class 3 classification criteria of the ICAO Technical
Instructions. More specifically, different data sources showed that its
flash point of -20 [deg]C (-4 [deg]F) and its boiling point of 38
[deg]C (100.4 [deg]F) meet the criteria for assignment as a Class 3 at
the PG II level--the criteria of which is having a flash point <23
[deg]C and boiling point >35 [deg]C. Additionally, rather than
classifying ethyl bromide solely as a Class 3 flammable liquid, it was
determined that the Division 6.1 hazard still applies and should remain
assigned as a subsidiary hazard. This is consistent with the HMR
precedence of the hazard table in Sec. 173.2a that instructs for a
material that meets criteria for classification as both Class 3 and
Division 6.1 (except for when a material meets the PG I poison-by-
inhalation criteria), the flammability hazard takes precedence and is
the primary hazard. These changes in hazard class and associated
packaging requirements were adopted to ensure that the hazards of ethyl
bromide are accurately communicated and appropriately packaged. PHMSA
reviewed these findings and agrees that it is appropriate to classify
ethyl bromide as a flammable liquid, with a subsidiary Division 6.1
hazard. Because of this change in hazard class, additional conforming
changes to the HMT entry for ethyl bromide are required in column (6),
as discussed below. Additionally, PHMSA expects that clearly
identifying the flammability hazard posed by this material will improve
safety by ensuring that the material is handled appropriately before
and during transport.
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 a
package filled with a material conforming to the associated hazard
class and proper shipping name, unless the package is otherwise
excepted from labeling. The first code is indicative of the primary
hazard of the material. Additional label codes are indicative of
subsidiary hazards. As discussed above, PHMSA proposes to modify the
primary hazard class for ``UN1891, Ethyl bromide'' to Class 3.
Consistent with this change, PHMSA proposes to assign Class 3 as the
primary hazard label and Division 6.1 as a subsidiary hazard label.
Consequently, PHMSA proposes to amend column (6) of the HMT for this
entry to reflect the warning labels required for the transport of this
hazardous material. PHMSA expects that this proposed change will
improve safety by clearly communicating the transportation hazards of
this material.
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.
Special Provision 396
PHMSA proposes to add a new special provision, Special Provision
396, and assigning it to ``UN3538, Articles containing non-flammable,
non-toxic gas, n.o.s.'' For additional information, see Sec. 172.102
of the Section-by-Section Review.
Special Provision 398
PHMSA proposes to assign a newly added special provision, Special
Provision 398, which pertains to the potential classification of
butylene and butylene mixtures as UN1012. This special provision
clarifies that butylene mixtures and certain butylene isomers may be
assigned to UN1012, while specifically excluding isobutylene from this
UN classification. For additional

[[Page 34578]]

information, see Sec. 172.102 of the Section-by-Section Review.
Special Provisions A4 and A5
PHMSA proposes to assign Special Provision A4 to the entry
``UN2922, Corrosive liquid, toxic, n.o.s.'' and Special Provision A5 to
the entry ``UN2923, Corrosive solid, toxic, n.o.s.''. Special
Provisions A4 and A5 address liquids and solids in PG I that also pose
an inhalation toxicity hazard by limiting or prohibiting their
transportation on aircraft. In principle, all liquids or solids that
have an inhalation toxicity hazard, and assigned PG I, should be
subject to one of the two special provisions, as appropriate. However,
UN2922 and UN2923 are assigned Class 8 as the primary hazard and
Division 6.1 as a subsidiary hazard because of classification
guidelines which require hazardous materials that meet the criteria of
Class 8 and that have an inhalation toxicity of dusts and mists (LC50)
in the range of PG I, but toxicity through oral ingestion or dermal
contact only in the range of PG III or less, must be assigned to Class
8 as the primary hazard rather than Division 6.1. In reviewing these
provisions, the ICAO Dangerous Goods Panel (DGP) determined that
additional restrictions should be implemented for these hazardous
materials as the corrosive classification assigned to UN2922 and UN2923
does not negate the inhalation toxicity hazard. Because of the
inhalation hazard posed by these materials, the 2023-2024 ICAO
Technical Instructions included an amendment to impose quantity limits
for transportation of these materials by air. PHMSA agrees with this
determination and therefore proposes to assign Special Provision A4 to
UN2922, which prohibits it from transport on passenger and cargo
aircraft. PHMSA also proposes to assign Special Provision A5 to UN2923,
which prohibits this material on passenger aircraft and limits the
amount that may be transported on cargo aircraft. PHMSA expects that
correcting this conflict will improve safety by prohibiting corrosive
materials that also pose inhalation hazards on passenger aircraft and
limiting their transport on cargo aircraft.
Special Provisions A224 and A225
PHMSA proposes to add two new air special provisions, A224 and
A225, and assign them to HMT entries ``UN3548, Articles containing
miscellaneous dangerous goods, n.o.s.'' and ``UN3538, Articles
containing non-flammable, non-toxic gas, n.o.s.,'' respectively. These
special provisions would allow for transport on both passenger aircraft
and cargo aircraft under certain conditions. For additional
information, see 172.102 of the Section-by-Section Review. 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.
Column (8) Packaging
Section 172.101(i) explains the purpose of column (8) in the HMT.
Columns (8A), (8B), and (8C) specify the applicable sections for
exceptions, non-bulk packaging requirements, and bulk packaging
requirements, respectively. Columns (8A), (8B), and (8C) are completed
in a manner which indicates that ``Sec. 173.'' precedes the designated
numerical entry. Column (8A) contains exceptions from some of the
requirements of this subchapter. The referenced exceptions are in
addition to those specified in subpart A of part 173 and elsewhere in
subchapter C. The word ``None'' in this column means no packaging
exceptions are authorized, except as may be provided by special
provisions in column (7). For example, the entry ``151'' in column
(8A), associated with the proper shipping name ``Nitrocellulose with
water,'' indicates that, for this material, packaging exceptions are
provided in Sec. 173.151 of this subchapter.
PHMSA proposes to remove references to Sec. 173.151, which provide
exceptions for Class 4 hazardous materials, in column (8A), and add the
word ``None'' for three solid desensitized explosive entries: ``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''; and ``UN2557, Nitrocellulose, with not more than 12.6
percent nitrogen, by dry mass mixture with or without plasticizer, with
or without pigment.'' These changes would remove the applicability of
the limited quantity exceptions for these hazardous materials to
correct an inconsistency regarding solid desensitized explosives.
Consistent with the UN Model Regulations, PHMSA has not authorized
limited quantity packaging exceptions for 30 other solid desensitized
explosives.\14\ Solid desensitized explosives are explosive substances
which are wetted with water or alcohols or are diluted with other
substances to form a homogeneous solid mixture to suppress their
explosive properties. Like PG I materials, solid desensitized
explosives in PG II are specifically prohibited from transport under
the limited quantity provisions in the UN Model Regulations. However,
this inconsistency was identified with respect to air transport by the
ICAO DGP (Dangerous Goods Panel), resulting in a similar amendment in
the 2023-2024 ICAO Technical Instructions. In this NPRM, PHMSA also
proposes related editorial amendments in Sec. 173.27, general
requirements for transportation by aircraft (see additional discussion
in Sec. 173.27 of Section-by-Section Review). PHMSA expects that
correcting this oversight to require that these nitrocellulose mixtures
be transported in accordance with all requirements of the HMR, rather
than permitting the use of the limited quantity exceptions in Sec.
173.151, will not only add an additional level of safety, but that it
will also facilitate the transport of these materials by streamlining
packaging and hazard communication requirements to be consistent with
requirements for similar materials and with international regulations.
---------------------------------------------------------------------------

\14\ UN1310, UN1320, UN1321, UN1322, UN1336, UN1337, UN1344,
UN1347, UN1348, UN1349, UN1354, UN1355, UN1356, UN1357, UN1517,
UN1571, UN2555, UN2556, UN2557, UN2852, UN2907, UN3317, UN3319,
UN3344, UN3364, UN3365, UN3366, UN3367, UN3368, UN3369, UN3370,
UN3376, UN3380, and UN3474.UN1517, UN1571, UN2555, UN2556, UN2557,
UN2852, UN2907, UN3317, UN3319, UN3344, UN3364, UN3365, UN3366,
UN3367, UN3368, UN3369, UN3370, UN3376, UN3380, and UN3474.
---------------------------------------------------------------------------

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.
Consistent with changes adopted in the 2023-2024 edition of the
ICAO Technical Instructions, PHMSA proposes to amend the quantity
limitations for UN 1891, Ethyl bromide, when transported by passenger
aircraft. Previously, the maximum net quantity per package for
passenger aircraft was 5 L on the Dangerous Goods List of the ICAO
Technical Instructions; this same quantity limit is currently in place
for passenger aircraft, as indicated in column (9A) of the HMT. As a
result of the reclassification of UN1891 as a Class 3 flammable liquid,
the permitted quantity was reduced in the ICAO Technical Instructions
to 1L per packaging. This change is in line with the quantity limits
for many other Class 3 materials. PHMSA proposes to make a
corresponding change for passenger

[[Page 34579]]

aircraft limits in column (9A). With regard to cargo aircraft, no
changes to the 60 L maximum net quantity were made in the ICAO
Technical Instructions, as that limit is the same for Class 3 and
Division 6.1 materials. PHMSA expects that this change will provide an
additional level of safety commensurate to the newly recognized
flammability hazard posed by this material.
PHMSA also proposes to modify the packaging limits aboard cargo
aircraft for three battery entries: ``UN2794, Batteries, wet, filled
with acid, electric storage''; ``UN2795, Batteries, wet, filled with
alkali, electric storage''; and ``UN3292, Batteries, containing
sodium.'' Specifically, these changes would limit the quantity per
packaging to 400 kg, as there is currently no limit for these items.
Typically, these articles must be packed in UN specification
packagings, and 400 kg is the maximum quantity permitted in such
packagings. These proposed changes are consistent with changes made in
the 2023-2024 ICAO Technical Instructions, which were made as a
correction to an inconsistency between the ICAO Technical Instructions
and the UN Model Regulations. Therefore, in column (9B) of the HMT, the
words ``no limit'' will be replaced by 400 kg. PHMSA expects that this
change will streamline packaging requirements by providing packaging
limits for similar items in similar packagings, consistent with
analogous international regulations. This streamlining will also
increase safety by increasing clarity on the packaging limits for these
similar items.
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 78
Special Provision 78 currently states that ``UN1002, Air,
compressed'' may not be used to describe compressed air which contains
more than 23.5% oxygen. It also stipulates that compressed air
containing more than 23.5% oxygen must be shipped using the description
``UN3156, Compressed gas, oxidizing, n.o.s.'' which has a Class 5
subsidiary hazard classification. PHMSA proposes to amend Special
Provision 78, in order to provide additional clarity with regard to the
permitted use of the proper shipping description UN1002. In an effort
to address specific mixtures of nitrogen and oxygen that are
commercially called ``synthetic air,'' the 22nd revised edition of the
UN Model Regulations includes a new special provision that was intended
to clarify that ``synthetic air'' may be transported under UN1002,
provided that it does not contain more than 23.5% oxygen. ``Synthetic
air'' is typically a mixture containing up to 23.5% oxygen with the
balance being nitrogen. This mixture is used in a variety of
applications, including medical and non-medical, and may be used when
ambient air is not sufficient due to the presence of contaminants. This
new special provision specifies that mixtures of nitrogen and oxygen
containing not less than 19.5% and not more than 23.5% oxygen by volume
may be transported under UN1002 when no other oxidizing gases are
present. It also states that a Division 5.1 subsidiary hazard label is
not required for any concentrations within this limit. While this
language is not drastically different than the current language in the
HMR, PHMSA expects that rewording Special Provision 78 to include the
19.5% lower bound for oxygen and the note regarding the use of the
Division 5.1 subsidiary hazard label will improve safety by providing
clearer and more useful instructions for shippers of compressed
synthetic or ambient air.
Special Provision 156
PHMSA proposes to amend Special Provision 156 to require that, when
transported by air, a shipping paper, such as an air waybill
accompanying the shipment must indicate that the package containing
asbestos is not restricted for shipment. Currently, this special
provision excepts asbestos from the requirements of 49 CFR Subchapter C
when it is immersed or fixed in a natural or artificial binder--such as
cement, plastics, asphalt, resins, or mineral ore--in such a way that
no escape of hazardous quantities of respirable asbestos fibers can
occur. It was noted that confusion over whether a shipment was or was
not excepted from the regulations had led to delays and frustrated
shipments. The 2023-2024 ICAO Technical Instructions amended a similar
special provision to assist in providing evidence of compliance with
its requirements. PHMSA's proposed amendment to Special Provision 156
would require that, when transported by air, packages or shipping
documentation be marked to indicate that the package containing
asbestos is not restricted for shipment. PHMSA expects that this
requirement will facilitate the safe shipment of asbestos by preventing
them from being mistaken as fully regulated hazardous materials.
Special Provision 387
Special Provision 387 provides shippers of polymerizing substances
with information regarding stabilization requirements for their
shipments. As discussed below, in an earlier rulemaking, PHMSA placed
sunset dates on the HMR provisions concerning transport provisions for
polymerizing substances to allow time for the completion of research on
various topics concerning their transport and to gather and review
empirical evidence concerning the appropriate transport provisions for
polymerizing substances. In line with other amendments proposed in this
NPRM for the transport of polymerizing substances, PHMSA is proposing
to amend Special Provision 387 to remove the sunset date of January 2,
2023. The result of this proposed amendment is that the existing
stabilization requirements noted in this special provision remain and
the sunset date is removed. See 173.21 of the Section-by-Section Review
for the full discussion of changes pertaining to polymerizing
substances.
Special Provision 396
PHMSA proposes to add a new special provision, Special Provision
396, and assign it to ``UN3538, Articles containing non-flammable, non-
toxic gas, n.o.s,'' to authorize the transport of large and robust
articles (e.g., transformers) that include cylinders containing UN1066
``Nitrogen''; UN1956 ``Compressed gas N.O.S.''; or UN1002 ``Air,
compressed'' with the valves open to allow low quantities of gas to be
constantly supplied through a pressure regulator from a gas cylinder
connected to the transformer. Similar provisions were added in the 22nd
revised edition of the UN Model Regulations and Amendment 41-22 of the
IMDG Code to address shipments of transformers, which are typically
pressurized with nitrogen or with air but are not gas tight. Prior to
2020, transformers were transported as ``UN 3363, Dangerous Goods in
Machinery/Apparatus''; however, the packing provisions for UN3363
imposed quantity limits requiring multiple approvals from competent
authorities as specified in Special Provision 136 in the HMR (SP 301 in
the UN Model Regulations). Following more recent amendments to

[[Page 34580]]

the UN Model Regulations, these transformers were eligible for
transport under UN 3538, the provisions which allow these transformers
to be transported unpackaged, do not explicitly require the transformer
to be gas-tight, but instead require the valves to be closed during
transport. To obviate the need for an approval each time such
transformers are transported, a new special provision was added to the
22nd revised edition of UN Model Regulations because these transformers
only emit small quantities of nitrogen or synthetic air, which are
neither flammable, toxic, corrosive, nor oxidizing. PHMSA proposes
several safety controls in shipments of this type that are largely
consistent with the provisions adopted in the UN Model Regulations and
the IMDG Code. These proposed controls include requiring that cylinders
be connected to the article through pressure regulators and have fixed
piping to keep the pressure below 35 kPa (0.35) bar; the cylinders must
be secured to prevent shifting; the cylinders and other components must
be protected from damage and impacts during transport; the shipping
paper must include a reference to shipping under this special
provision; and if placed inside a cargo transport unit (CTU), the CTU
must be well ventilated. PHMSA notes that these international
regulations require marking the CTU with the asphyxiation warning mark
for CTUs. The HMR has not adopted this mark and is not proposing to do
so at this time. PHMSA is not proposing this mark because it views the
additional controls, specifically, the indication on the shipping
paper, as well as other operational controls noted in the proposed
special provision, as providing sufficient warning to those in the
transport chain of the dangers present and mitigation of potential
hazards. PHMSA expects that the addition of this special provision will
facilitate the transport of this specialized machinery without imposing
excessive manufacturing requirements to ensure gas tightness to prevent
the release of relatively innocuous gases during transport.
Special Provision 398
PHMSA proposes to add Special Provision 398, pertaining to the
classification of hazardous materials under UN1012, Butylene. This new
special provision would clarify that butylene mixtures and certain
butylene isomers may be assigned to UN1012, while specifically
excluding UN1055, Isobutylene from this UN classification. Butylene,
also known as butene, includes four different isomers, corresponding to
one general chemical formula, C4H8. One of these isomers is
isobutylene, which, while similar to the other three isomers, has been
assigned a separate UN number, UN1055, which has its own set of
packaging provisions. To avoid ``UN1055, Isobutylene'' being classified
and transported under UN1012, this amendment would facilitate
consistent and proper classification of this group of hazardous
materials. This clarification for UN1012, Butylene, was added in the
22nd revised edition of the UN Model Regulations for consistency with
European regulations, which made similar changes to avoid ``UN1055,
Isobutylene'' being classified and transported under UN1012. PHMSA
proposes to add this clarifying special provision with the expectation
that it will facilitate consistent and proper classification of this
group of hazardous materials.
Special Provision 421
Special Provision 421 is assigned to the four polymerizing
substance entries in the HMT. Currently this special provision notes
that these entries will no longer be effective on January 2, 2023,
unless extended or terminated prior to this date. As discussed in the
``Executive Summary'' section of this rulemaking, PHMSA had placed
sunset dates on the HMR provisions concerning transport provisions for
polymerizing substances to allow time for the completion of research on
various topics concerning their transport and to gather and review
empirical evidence concerning the appropriate transport provisions for
polymerizing substances. As we have completed this review, we are
proposing to delete Special Provision 421 and to maintain the existing
polymerizing substance HMT entries.
Special Provision 441
PHMSA proposes to add a new Special Provision 441, assigning it to
``UN1045, Fluorine, compressed.'' This new special provision would
specifically address gas mixtures containing fluorine and inert gases
in UN pressure receptacles in accordance with changes adopted in the
22nd revised edition of the UN Model Regulations. Specifically, this
change would provide latitude with regard to the maximum allowable
working pressure when fluorine is a part of a mixture, which contains
less reactive gases, such as nitrogen, when the mixture is transported
in UN pressure receptacles. As a strongly oxidizing gas, pure fluorine
requires specific safety measures because it reacts spontaneously with
many organic materials and metals. Additionally, because of its
reactive properties, the UN Model Regulations limit the maximum
allowable working pressure for pure fluorine in cylinders to 30 bar and
a minimum test pressure of 200 bar is also required. However, prior to
changes adopted in the 22nd revised edition of the UN Model
Regulations, there was no guidance on the maximum allowable working
pressure and minimum test pressure for mixtures of gases which contain
fluorine. Commercially, these mixtures are often placed on the market
and used in concentrations, which may include as little as one percent
fluorine combined with noble gases, or ten to twenty percent fluorine
mixed with nitrogen. Due to the lack of specific provisions addressing
fluorine gas mixtures, such mixtures containing relatively
inconsequential amounts of fluorine were subject to the same
requirements (restrictive maximum allowable working pressures) as pure
fluorine. Given that fluorine, in a mixture with inert gases or
nitrogen, is less reactive towards materials than pure fluorine, the
UNSCOE determined that gas mixtures containing less than 35% fluorine
by volume should no longer be treated like pure fluorine and may use a
higher maximum allowable working pressure. The new packing provision
added in the 22nd revised edition of the UN Model Regulations allows
for pressure receptacles containing mixtures of fluorine and inert
gases (including nitrogen) to have higher working pressures by allowing
for consideration of the partial pressures exerted by the other
constituents in the mixture, rather than limiting the pressure in the
receptacle based on fluorine alone. Specifically, the provision permits
mixtures of fluorine and nitrogen with a fluorine concentration below
35% by volume to be filled in pressure receptacles up to a maximum
allowable working pressure for which the partial pressure of fluorine
does not exceed 31 bar absolute. Additionally, for mixtures of true
inert gases and fluorine, where the concentration of fluorine is below
35% by volume, pressure receptacles may be filled up to a maximum
allowable working pressure for which the partial pressure of fluorine
does not exceed 31 bar absolute, provided that when calculating the
partial pressure, the coefficient of nitrogen equivalency is determined
and accounted for in accordance with ISO 10156:2017. Finally, the newly
added provision for these two types of gas mixtures limits the working
pressure to 200 bar or less

[[Page 34581]]

and requires that the minimum test pressure of pressure receptacles for
these mixtures equals 1.5 times the working pressure or 200 bar, with
the greater value to be applied. While PHMSA is not adding similar
provisions for this type of mixture in DOT specification cylinders in
this rulemaking, PHMSA has evaluated the rationale and the methods for
determining the pressure limits in UN pressure receptacles and finds
that they provide an equivalent level of safety. For this reason, PHMSA
proposes to adopt the packing instruction as drafted in the UN Model
Regulations as a new special provision for UN1045.
Special Provision A54
Special Provision A54 specifies that, irrespective of the quantity
limits in column (9B) of the Sec. 172.101 table, a lithium battery,
including a lithium battery packed with, or contained in, equipment
that otherwise meets the applicable requirements of Sec. 173.185, may
have a mass exceeding 35 kg, if approved by the Associate Administrator
prior to shipment. PHMSA proposes to amend this special provision to
require that, when this special provision is used, the special
provision number must be indicated on the shipping paper. PHMSA expects
that this amendment will enhance safety by improving the communication
of potential hazards, as without such indication, the need for shipment
acceptance staff to check and ensure a copy of the approval
accompanying the shipment can potentially be missed.
Special Provisions A224 and A225
The 2023-2024 ICAO Technical Instructions added two new special
provisions permitting the transport of articles containing hazardous
materials aboard passenger and cargo aircraft. Currently these articles
are forbidden from transport on passenger and cargo aircraft, as
specified in column (9) of the HMT. However, the ICAO DGP developed
these packaging provisions, which include provisions that ensure
appropriate gas containment during transport. The aim of these special
provisions was to facilitate the transport of large articles containing
environmentally hazardous substances (such as aircraft landing gear
struts filled with hydraulic fluid) and large articles containing a
non-flammable, non-toxic gas (such as new types of magnetic resonance
imaging (MRI) scanners which often contain compressed helium as well as
lithium cells or batteries). These amendments were adopted in the 2022-
2023 ICAO Technical Instructions and PHMSA proposes to mirror these
provisions by adding two new air-specific special provisions, A224 and
A225, and assigning them to HMT entries ``UN3548, Articles containing
miscellaneous dangerous goods, n.o.s.'' and ``UN 3538, Articles
containing non-flammable, non-toxic gas, n.o.s.'' respectively.
These special provisions would allow for the transport of large
articles containing a non-flammable, non-toxic gas or environmentally
hazardous substances on both passenger aircraft and cargo aircraft only
under certain conditions. Specifically, under Special Provision A224,
``UN3548, Articles containing miscellaneous dangerous goods, n.o.s.''
would be permitted on passenger and cargo aircraft, provided that the
only dangerous goods in the article are environmentally hazardous
substances with or without lithium cells or batteries that comply with
Sec. 173.185(c). Similarly, under Special Provision A225, ``UN3538,
Articles containing non-flammable, non-toxic gas, n.o.s.'' would be
permitted aboard passenger and cargo aircraft, provided that the
article contains only a Division 2.2 gas that does not have a
subsidiary hazard but excluding refrigerated liquefied gases and other
gases forbidden for transport on passenger aircraft with or without
lithium cells or batteries that comply with Sec. 173.185(c). In
addition to containing only the permitted hazardous materials, the
special provision would also require that shippers comply with
additional packaging requirements, specified in Sec. 173.232, and that
the special provision be indicated on shipping documentation.
The ICAO DGP agreed that these provisions were appropriate given
that environmentally hazardous substances pose a very low hazard in air
and that non-flammable, non-toxic gases without subsidiary hazard are
already allowed on both passenger and cargo aircraft as well as certain
other articles containing similar gases. PHMSA agrees and expects that,
in addition to aligning the HMR with recent changes added to the 2023-
2024 ICAO Technical Instructions, the addition of these provisions will
facilitate the transport of these materials by air while maintaining
the current level of safety for air transport of certain hazardous
materials.
IP Codes
IP Codes are special provisions that are assigned to specific
commodities, applicable when that commodity is transported in IBCs.
Table 2 in Sec. 172.102 specifies the requirements corresponding to
the IP Code indicated in column (7) of the HMT. In this NPRM, PHMSA
proposes to amend the text of IP15 and to add a new IP Code, IP22.
IP15
PHMSA proposes to amend the text of IP15 to clarify language
pertaining to the authorized period of use of composite IBCs.
Currently, IP15 states that for IBCs containing UN2031 with more than
55% nitric acid, rigid plastic IBCs and composite IBCs that have a
rigid plastic inner receptacle are authorized for two years from the
date of IBC manufacture. A change to a corresponding special provision
was adopted in the 22nd revised edition of the UN Model Regulations to
make clear that the authorized two-year period of use specifically
refers to the duration of use of the inner receptacle of composite IBCs
and not to the outer framework. The intent of this requirement is to
limit the inner receptacle for composite IBCs to the two-year period of
use when used for this specific corrosive material, rather than
requiring that the outer framework be inspected as often. The entire
composite IBC remains subject to the five-year inspection interval,
prescribed in Sec. 180.352. This change in the UN Model Regulations
was in response to mistranslations of the UN Model Regulations, which
led to inconsistent maintenance of composite IBCs. While PHMSA is not
aware of any issues surrounding the language in IP15, PHMSA expects
that making this editorial change will ensure that international users
are not confused by the text of the HMR, and this clarification will
enhance safe transport of hazardous materials in such IBCs.
IP22
As discussed earlier, PHMSA proposes to add a new IP code, IP22,
for the new entry ``UN 3550, Cobalt dihydroxide powder, containing not
less than 10% respirable particles.'' This special provision would
authorize the transport of Cobalt dihydroxide powder, a Division 6.1
solid, in flexible IBCs that are equipped with siftproof liners that
would prevent any egress of dust during transport. This hazardous
material was recently classified as a solid with a toxic-by-inhalation
hazard. Prior to this Division 6.1 classification, cobalt dihydroxide
had been transported as ``UN3077, Environmentally hazardous substance,
solid, n.o.s., Class 9'' in unlined flexible IBCs. However, this
reclassification posed a problem for shippers because flexible IBCs are
not authorized for Division 6.1 toxic solids. In response to the recent
EU GHS changes, many shippers stopped using

[[Page 34582]]

unlined flexible IBCs and began using lined 13H3 or 13H4 flexible IBCs
to prevent the release of dust.\15\ Additionally, the industry also
developed a new design type flexible IBC with an improved liner to
prevent egress of dust. This new design type 13H3 flexible IBC has been
tested and approved to PG I by international competent authorities.
Consequently, to address the packaging problem shippers faced as a
result of new classification criteria, the UNSCOE created a special
provision that would allow this material to be transported in lined
siftproof packagings. This decision was based on the forty-year record
of safe transport in this material in PG III packagings, as well as the
additional level of sift-proofness provided by the new design track
record of the new siftproof packagings. PHMSA agrees with the UNSCOE's
determination that siftproof flexible IBCs are appropriate packagings
for this material and expects that this special provision will avoid
unnecessary disruptions in the transport of this essential raw material
while still ensuring safe transport of this material. The lack of a UN
entry for this specific combination of physical and hazardous
attributes--solid and toxic-by-inhalation--led to the development of
this new UN entry by the UNSCOE. More specifically, UN3550 was created
for cobalt dihydroxide to resolve the packaging and transport problem
faced by shippers because of the new Division 6.1 classification.
Consequently, based on the record of safe transport by multi-modal
means in flexible IBCs, with no recorded accidents, incidents, or
health issues as UN3077, the UNSCOE's resolution of this packaging
conflict was to develop a new UN number, assigning appropriate packing
provisions and creating a special packaging condition which permits the
use of flexible IBCs.
---------------------------------------------------------------------------

\15\ https://unece.org/DAM/trans/doc/2019/dgac10c3/UN-SCETDG-56-INF19e.pdf.
---------------------------------------------------------------------------

C. Part 173

Section 173.4b
Section 173.4b specifies the hazard criteria and packaging
requirements to qualify for the de minimis exception--i.e., exceptions
from certain HMR requirements for very minor amounts of hazardous
material. For non-infectious biological specimens that contain minor
amounts of preservatives that are a hazardous material, PHMSA proposes
to add a reference to formaldehyde solution in paragraphs (b)(1)(i) and
(b)(1)(ii) to clarify that the conditions for packing of the specimens
applies to formaldehyde solution too. Currently, paragraph (b) excepts
non-infectious biological specimens, such as those of mammals, birds,
amphibians, reptiles, fish, insects, and other invertebrates,
containing small quantities of chemical preservatives like ethanol or
formaldehyde solution from the HMR, provided certain conditions are
met. For example, paragraph (b)(1) provides instruction for when
alcohol or an alcohol solution is used, such as when a specimen is
placed in a plastic bag, that any free liquid in the bag must not
exceed 30 mL. The ICAO Technical Instructions include a similar
instruction, yet during a review of the ICAO Technical Instructions,
the ICAO DGP noted that the exception does not address when
formaldehyde solutions are used as preservatives for specimens; thus,
there was no specified limit on the amount of free liquid formaldehyde
solution that may be in a packaging. Consequently, the 2023-2024 ICAO
Technical Instructions include an amendment to the de minimis
provisions to specify limits for formaldehyde solutions. PHMSA agrees
with this clarifying amendment and expects that adopting a similar
change will enhance safety by removing uncertainty about whether the
quantity limits also apply formaldehyde solutions.
Section 173.21
Section 173.21 describes situations in which offering for transport
or transportation of certain materials or packages is forbidden.
Examples of such forbidden shipments include materials designated as
``Forbidden'' in Column (3) of the HMT; electrical devices that are
likely to generate sparks and/or a dangerous amount of heat; and
materials that are likely to decompose or polymerize and generate
dangerous quantities of heat or gas during decomposition or
polymerization. This last group of materials is addressed in paragraph
(f) of this section, which outlines the conditions under which
materials which are likely to decompose or polymerize unless stabilized
or inhibited in some manner (e.g., with temperature controls or
chemical stabilization) are authorized for transport.
PHMSA proposes to lower the temperature threshold at which
transport of certain materials in portable tanks require temperature
control. Specifically, this amendment would lower this threshold
temperature for a material which is likely to decompose with a self-
accelerated decomposition temperature (SADT) or polymerize with a self-
accelerated polymerization temperature (SAPT) from 50 [deg]C (122
[deg]F) to 45 [deg]C (113 [deg]F) when transported in portable tanks.
This means that if adopted, portable tanks containing materials likely
to decompose or polymerize at temperatures greater than 45 [deg]C will
not be required to be stabilized or inhibited by temperature control
and otherwise be forbidden from transport. In an earlier rulemaking,
HM-215N, PHMSA gave notice that at that time, it would not adopt
reductions in temperature thresholds for shipments in portable tanks
and maintained a 50 [deg]C (122 [deg]F) threshold for requiring
temperature control to allow for additional time to conduct research on
the impacts of such a change and to allow additional time to fully
consider the issue. However, PHMSA-sponsored research, which was
completed in February 2021 by APT Research, Inc. (APT),\16\ has
informed our proposals in this NPRM. That research aimed to gather more
information concerning temperature control of polymerizing substances
in portable tanks and testing requirements for these substances
intended to be transported in portable tanks or intermediate bulk
containers (IBCs), as these two areas of safety controls in the HMR
differed from those adopted in the international consensus standards
and regulations. The report following research conducted by APT noted
that ``relaxing the temperature control requirements as proposed by HM-
215N is assessed to be an appropriate approach since it will harmonize
U.S. regulations with international requirements and no additional
hazards were identified for any common polymers during transport.
Polymers in industry with SAPTs approaching 45 [deg]C or 50 [deg]C were
found to be uncommon.'' PHMSA agrees with this assessment and is
proposing to lower this temperature threshold at which temperature
control is required for portable tanks containing a material which is
likely to decompose with a SADT or polymerize with a SAPT from 50
[deg]C (122 [deg]F) or less to 45 [deg]C (113 [deg]F) or less. Although
the APT research focused on polymerizing materials, PHMSA believes
decomposing materials to behave similarly and has opted to apply the
changed to both material types. PHMSA believes this proposed amendment
will help facilitate international transportation of these goods and
while maintaining the high standard of safety in the HMR for
transportation of decomposing and polymerizing materials. To that end,
PHMSA also proposes to amend the table in paragraph (f)(1) to
accommodate

[[Page 34583]]

the specific temperature controls applicable to decomposing and
polymerizing substances transported in portable tanks. This proposed
amendment would align the HMR with temperature thresholds for
substances with SADTs and SAPTs transported in portable tanks with
those found in the UN Model Regulations and the IMDG Code. Further,
based on this change specific to use of portable tanks, PHMSA would
revise the table in paragraph (f)(1) to include packaging type as a
factor in determining the criteria for control temperatures and
emergency temperatures. Lastly, PHMSA proposes to amend paragraph (f)
to provide a reference to the lower threshold of 45 [deg]C (113 [deg]F)
for portable tanks and include a reference to proposed language
concerning organic peroxides that require temperature control.
Paragraph (f)(2) would be revised to (f)(2)(i)-(iii) to indicate
general temperature control requirements for organic peroxides by type.
These requirements are consistent with the UN Model Regulations and
ensure that appropriate temperature control provisions are applied to
organic peroxides not specifically listed in the Organic Peroxide Table
in Sec. 173.225.
---------------------------------------------------------------------------

\16\ Report can be accessed in Docket No. PHMSA-2021-0092 on
www.regulations.gov.
---------------------------------------------------------------------------

Additionally, to fully adopt these proposed changes, PHMSA proposes
to remove the phaseout language currently found in (f)(1)(i), which
states that the provisions concerning polymerizing substances in
paragraph (f) will be effective until January 2, 2023. Finally, based
on results of the research, PHMSA proposes to maintain the current
defining criteria for polymerizing substances, in Sec. 173.124, that a
polymerizing substance must successfully pass the UN Test Series E at
the ``None'' or ``Low'' level, or achieve equivalent criteria using an
alternative test method with the approval of the Associate
Administrator, prior to selection of an appropriate portable tank or
IBC. While this rulemaking action is being completed through the final
rule stage, PHMSA directs stakeholders to review the enforcement
discretion notice available on the PHMSA website \17\ and in this
rulemaking docket for the continued movement of these materials in
accordance with regulations in effect prior to January 2, 2023.
---------------------------------------------------------------------------

\17\ https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/phmsa-notice-enforcement-policy-regarding-international.
---------------------------------------------------------------------------

Section 173.27
Section 173.27 outlines general requirements for transportation by
aircraft, including requirements and limitations for hazardous
materials transported in limited quantities. Currently, the provisions
for combination packagings in paragraph (f)(2) specify that materials
or articles not authorized as a limited quantity for transportation by
aircraft include all PG I materials; self-reactive flammable solids in
Division 4.1; spontaneously combustible materials in Division 4.2; and
liquids that are dangerous when wet in Division 4.3. The ICAO Technical
Instructions included similar language for Division 4.1 materials by
allowing non-self-reactive Division 4.1 materials assigned to PG II or
PG III to be transported as limited quantities. However, the ICAO DGP
identified a conflict with limited quantity provisions in the ICAO
Technical Instructions and the limited quantity provisions in the UN
Model Regulations pertaining to four Division 4.1 materials, assigned
PG II: ``UN 2555, Nitrocellulose with water with not less than 25
percent water by mass''; ``UN 2556, Nitrocellulose with alcohol with
not less than 25 percent alcohol by mass, and with not more than 12.6
percent nitrogen, by dry mass''; ``UN 2557, Nitrocellulose, with not
more than 12.6 percent nitrogen, by dry mass mixture with or without
plasticizer, with or without pigment''; and ``UN 2907, Isosorbide
dinitrate mixture with not less than 60 percent lactose, mannose,
starch or calcium hydrogen phosphate.'' Despite not being defined as
self-reactive, the UN Model Regulations have never included these
specific Division 4.1 flammable solid materials for transport as
limited quantities. The ICAO Technical Instructions were amended for
consistency with the UN Model Regulations to clearly indicate that the
transport of these four PG II materials in Division 4.1 are not
authorized for transportation by aircraft as limited quantities. PHMSA
proposes to add language in Sec. 173.27(f)(2)(i)(D) to explicitly
include the UN identification numbers for these materials, indicating
that these materials may not be transported as limited quantities by
aircraft. PHMSA expects that this change will add an additional level
of safety by correcting this packaging provision, which has been
inconsistent with those in place for materials that pose similar
hazards.
Section 173.124
Section 173.124 outlines defining criteria for Divisions 4.1
(Flammable solid), 4.2 (Spontaneously combustible), and 4.3 (Dangerous
when wet material). In an earlier rulemaking, PHMSA placed phaseout
dates on the HMR provisions concerning transport provisions for
polymerizing substances to allow time for the completion of research on
various topics concerning their transport and to gather and review
empirical evidence concerning the appropriate transport provisions for
polymerizing substances. In line with other amendments proposed in this
NPRM for the transport of polymerizing substances, PHMSA is proposing
to remove paragraph (a)(4)(iv), which is the phaseout date of January
2, 2023. The result of this proposed amendment will be to remove the
phaseout date and keep the existing requirements--as outlined in
paragraph (a)(4)--effective beyond the January 2, 2023, date.
Section 173.137
Section 173.137 prescribes the requirements for assigning a packing
group to Class 8 (corrosive) materials. PHMSA proposes to authorize the
use of an additional test method, Test No. 439, In Vitro Skin
Irritation: Reconstructed Human Epidermis Test Method'' as well as
editorial changes to this section to provide clarity regarding the use
of the authorized OECD Guidelines for the Testing of Chemicals.
Currently, the HMR requires offerors to classify Class 8 materials
and assign a packing group based on tests performed in accordance with
various OECD Guidelines for the Testing of Chemicals (TG), including a
skin corrosion test (in vivo) and various in vitro testing guidelines
that do not involve animal testing. Data obtained from the currently
authorized test guidelines is the only data acceptable for
classification and assignment of a packing group. Specifically for PG
I, II, or III determinations, the HMR authorize the use of OECD
Guidelines for the Testing of Chemicals, Test No. 435, ``In Vitro
Membrane Barrier Test Method for Skin Corrosion'' and Test No. 404,
``Acute Dermal Irritation/Corrosion'' (an in vivo test method). The HMR
also authorize the use of OECD Test No. 430 ``In Vitro Skin Corrosion:
Transcutaneous Electrical Resistance Test (TER)'' and Test No. 431,
``In Vitro Skin Corrosion: Reconstructed Human Epidermis (RHE) Test
Method'', however the scope of what these tests can determine is
limited. For that reason, Test No. 430 is authorized for use only to
determine whether a material is corrosive or not; materials that are
determined to be corrosive using this test require additional testing
using Test Nos. 435 or 404 or assignment to the most conservative
packing group, PG I. Similarly, Test No. 431 may also be used to
determine whether or not a material is corrosive,

[[Page 34584]]

however while this can identify when a corrosive must be assigned PG I,
it cannot differentiate between PG II and III materials. Consistent
with the UN Model Regulations, when this method does not clearly
distinguish between PG II or PG III, the HMR allow the material to be
transported as PGII without further in vivo testing. Consistent with
changes made to the 22nd revised edition of the UN Model Regulations,
PHMSA proposes to authorize an additional TG, OECD Test No. 439, ``In
Vitro Skin Irritation: Reconstructed Human Epidermis Test Method'', as
an authorized test, which may be used to exclude a material from
classification as a corrosive material. Test No. 439 was adopted in the
UN Model Regulations because it provides another means of testing,
without the use of live animals, that can easily identify materials as
non-corrosive. However, while Test No. 439 may be used for the hazard
identification of irritant chemicals, it is limited in that it simply
allows materials to be identified as either corrosive or non-corrosive
to skin. Because this test method only identifies the material as
corrosive or not, the UN Model Regulations added an additional
provision requiring that materials, which are tested using Test No. 439
and indicate corrosivity, must be assigned to the most conservative PG
(i.e., PG I), unless additional tests are performed to provide more
specific data that can be used to assign a less conservative PG. The
addition of Test No. 439 as an authorized test method will provide
greater flexibility for shippers to classify, package, and transport
corrosive material, while maintaining the HMR safety standard for
transport of corrosive materials.
With regard to the editorial changes in this section, PHMSA
proposes to amend the text of this section to provide clarity regarding
the authorized OECD Testing of Chemicals. Additionally, PHMSA proposes
to amend the last paragraph of the introductory text, which currently
states that assignment to packing groups I through III must be made
based on data obtained from tests conducted in accordance with OECD
Guideline Number 404 or Number 435, to remove the reference to Test No.
435. Since its update in 2015, the criteria for packing group
assignments in Test No. 435 are no longer the same as the criteria for
Test Guideline 404. PHMSA expects that these amendments will enhance
safety by providing clarity regarding the proper testing and assignment
of packing groups and promote efficiency by streamlining the assignment
of packing groups.
Section 173.167
Section 173.167 contains the packaging instructions and exceptions
for ID8000 consumer commodities. The ID8000 entry was added to the HMR
in final rule HM-215K,\18\ with the intent of aligning the HMR with the
ICAO Technical Instructions for the air transportation of limited
quantities of consumer commodity material. Based on inquiries from
shippers and carriers, PHMSA understands that confusion exists
regarding the requirements for hazard communication and ability to
withstand pressure differential for packages of ID8000, consumer
commodity material when moved by modes other than air. In 2012 and
2017, PHMSA issued letters of interpretation regarding the
applicability and hazard communication requirements for ID8000
shipments.\19\ Both of these letters of interpretation recognized that
ID8000 shipments are inherently ``limited quantity'' and provided the
opinion that for transportation by highway, rail, and vessel, ID8000
packages could be marked with the standard marking found in Sec.
172.315(a)(1) (i.e., without the ``Y''). In 2022, PHMSA received a
petition for rulemaking, designated P-1762,\20\ from the Council on the
Safe Transportation of Hazardous Articles (COSTHA) relating to ID8000.
---------------------------------------------------------------------------

\18\ 76 FR 3307 (Jan. 19, 2011).
\19\ Ref. No. 11-0090 (May 3. 2012); Ref. No. 16-0075 (Jan. 9,
2016).
\20\ https://www.regulations.gov/document/PHMSA-2022-0007-0001.
---------------------------------------------------------------------------

In consideration of P-1762 and consistent with these letters of
interpretation regarding the requirements for ID8000 shipments, PHMSA
proposes to revise the requirements in Sec. 173.167 for ID8000,
consumer commodity material. The intent of this proposed revision is to
clearly address requirements for all modes of transportation, while
continuing to recognize that the history and intent of the ID8000,
consumer commodity, entry is closely tied to the ICAO Technical
Instructions and air transportation.
First, PHMSA proposes editorial revisions to the title of the
section and introductory language in paragraph (a). PHMSA proposes to
rename the section ``ID8000 consumer commodities'' to distinguish this
section from the historical ``ORM-D, consumer commodity'' HMT entry and
an exception that ceased to be effective on December 31, 2020. PHMSA
purposely phased out the ``ORM-D, consumer commodity'' classification
and description to remove the dual system of shipping certain limited
quantities domestically and internationally, as it was a source of
confusion.
PHMSA acknowledges that there may be circumstances where persons
need to transport ID8000 packages between locations--e.g., to a
warehouse for consolidation, etc.--without needing or using air
transportation. Therefore, PHMSA recognizes the need to not only
accommodate that portion of transport but also provide assurances that
any ID8000 package is appropriately prepared for air transportation,
regardless of whether air transportation is actually used. PHMSA also
proposes to clarify that ID8000 material is inherently a limited
quantity, by adding the phrase ``limited quantity'' to the Sec.
173.167(a) introductory text. Finally, PHMSA proposes to remove the
phrase ``when offered for transportation by aircraft'' from the
introductory language in paragraph (a) and to restructure the existing
first sentence of the section into two separate statements. This
revision is intended to clarify that the materials and quantities
listed in this section may be transported by all modes and to clarify
that only the materials listed in paragraph (a) are eligible to be
transported as ``ID8000, consumer commodity.''
More significantly, PHMSA proposes to revise the structure of the
section by moving the two requirements in the currently effective
language of paragraph (b)--applicable only to air transportation--to
new subparagraphs (6) and (7) of paragraph (a). This would have the
effect of making all packages of ID8000 material subject to the limited
quantity marking requirements of Sec. 172.315(b) to include the ``Y''
limited quantity marking, and other markings required by part 172
subpart D, including the ID number marking and PSN. This revision would
also have the effect of requiring compliance with the Sec. 173.27(c)
pressure differential requirement for transportation by all modes. The
intent of this proposed revision is two-fold:
1. Provide clarity to shippers on the hazard communication and
pressure differential requirements for all shipments of ID8000,
consumer commodity packages.
2. Ensure that ID8000, consumer commodity packages--wherever they
are in the transportation stream--meet the requirements for air
transportation.
As proposed, ID8000 packages would continue to be provided
exceptions from shipping papers and labels when transported by highway
and rail. PHMSA proposes to provide a labeling exception for ID8000
packages transported by vessel, which aligns with the labeling
exception provided to

[[Page 34585]]

limited quantity packages transported by vessel. PHMSA seeks comment on
this proposed revision to the hazard communication and pressure
differential packaging requirements for ID8000, consumer commodity
packages.
In addition to the revisions to Sec. 173.167 requested in P-1762
discussed above, COSTHA submitted petition P-1761 \21\ and additional
requests in P-1762 that PHMSA is not proposing to adopt into the HMR.
Specifically, in P-1762, COSTHA requested that PHMSA add a reference to
Sec. 173.167 in the individual sections that outline exceptions
sections for Class 3, PG II and III (Sec. 173.150), UN3175 (Sec.
173.151), Division 6.1 PG III (Sec. 173.153), UN3077, UN3082, UN3334
and UN3335 (Sec. 173.155), and Class 2 non-toxic aerosols (Sec.
173.306). PHMSA does not propose to adopt this portion of P-1762.
ID8000 is a specialized exception, designed only for a small subset of
materials, and the materials are subject to stringent packaging
requirements. We believe that adding a reference to Sec. 173.167 to
the exception sections listed above will create confusion for shippers
by referencing an exception that most may not be able to adequately
meet. All the materials and quantities authorized in Sec. 173.167 may
be transported as limited quantities by all modes. For the vast
majority of hazardous material shippers who offer these materials in
these small quantities, utilizing the limited quantity exception is the
most appropriate and simplest option. PHMSA requests comment on this
determination not to adopt this portion of P-1762.
---------------------------------------------------------------------------

\21\ https://www.regulations.gov/document/PHMSA-2022-0006-0001.
---------------------------------------------------------------------------

Separately, in P-1761, COSTHA petitioned PHMSA to add a reference
to the limited quantity marking section (Sec. 172.315) to the limited
quantity packaging instructions in Sec. Sec. 173.150, 173.151,
173.152, 173.153, 173.154, and 173.155. PHMSA does not propose to adopt
the revision proposed in P-1761. Limited quantity shipments must be
marked in accordance with Sec. 172.315 (see Sec. 172.315(a) and (b)).
This longstanding requirement is clearly written in the HMR and PHMSA
does not believe that any modification of the HMR is warranted. If
shippers, carriers, or other entities involved in the transportation of
hazardous materials are uncertain what marking requirements apply to a
limited quantity shipment, that deficiency is best remedied through the
proper implementation of a training program. PHMSA requests comment on
this determination not to adopt P-1761.
Section 173.185
Section 173.185 prescribes requirements for the transportation of
lithium cells and batteries. PHMSA proposes numerous changes to this
section as follows.
Paragraph (a) classification revisions: Paragraph (a) provides
general classification provisions, which include requirements for
manufacturers and subsequent distributers of lithium cells and
batteries to provide others in the supply chain a test summary of the
battery, which contains information regarding the cells and batteries.
PHMSA proposes to amend paragraph (a)(3) to except button cell
batteries installed in equipment (including circuit boards) from these
test summary requirements. This proposed amendment would give shippers
of traditionally less regulated products, such as wrist watches and key
fobs, an exception from the need to maintain a test summary. Currently,
as provided in Sec. 173.185(c)(2) and (c)(3), button cell batteries
are excepted from the lithium battery marking requirements and the
packing requirement to use a strong, rigid outer package, provided the
battery is sufficiently protected by the equipment in which it is
contained. For this reason, PHMSA finds that this proposed amendment
maintains the safety standard for the transportation of lithium
batteries consistent with the Sec. 173.185(c) exceptions for smaller
cells or batteries. Further, PHMSA proposes to make an editorial
amendment by deleting the onset date of this requirement, January 1,
2022, as this date has passed, and paragraph (a)(3) now applies
generally.
Additionally, PHMSA proposes to add a new paragraph (a)(5) to
require marking the outer casing of lithium ion batteries with the
Watt-hour (Wh) rating. This is consistent with the provisions for
smaller cells or batteries in Sec. 173.185(c)(1)(i), which require
that ``each lithium ion battery subject to this provision must be
marked with the Watt-hour rating on the outside case.'' PHMSA added
this provision to the HMR in HM-224F.\22\ While the requirement was
added to the HMR for smaller cells or batteries (as a condition for use
of an exception), no similar provision was added for other lithium ion
cells and batteries (i.e., those not offered in accordance with, or
eligible for, the paragraph (c) exceptions). However, upon review,
PHMSA noted that the international regulations generally require the
marking of the Wh rating on the outside of the casing. Specifically,
this is required in accordance with Special Provision 348 of the UN
Model Regulations, Special Provision 188 of the IMDG Code, Section IA.2
of Packing Instruction 965 (for UN3480), and Section I.2 of Packing
Instruction 966 (for UN3481) and 967 (for UN3481) of the ICAO Technical
Instructions. PHMSA expects that this amendment will improve safety as
the marking of the Wh rating on the outer casing of a lithium ion cell
or battery assists a shipper in better understanding the energy
capacity of the cell or battery, and thus, ensures compliance with
hazard communication and packing provisions associated with Wh
limitations.
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\22\ 79 FR 46011 (Aug. 6, 2014).
---------------------------------------------------------------------------

Paragraph (b) packaging revisions: Section 173.185(b)(3) contains
packaging provisions for lithium cells or batteries packed with
equipment. Specifically, paragraph (b)(3)(iii) provides two authorized
packaging configurations for lithium cells and batteries packed with
equipment. Specifically, it permits lithium cells and batteries, when
packed with equipment, to be placed in: (1) inner packagings that
completely enclose the cell or battery, then placed in an outer
packaging; or (2) inner packagings that completely enclose the cell or
battery, then placed with equipment in a package that meets the PG II
performance requirements as specified in paragraph Sec.
173.185(b)(3)(ii). The intent of the first option provided in paragraph
(b)(3)(iii)(A) is to permit packing only the cells or batteries in a UN
specification packaging and then to place this packaging with the
equipment, for which the batteries are intended, in a non-UN
specification outer packaging. The intent for the second option
provided in paragraph (b)(3)(iii)(B) is to pack both the cells/
batteries and the equipment in a UN specification outer packaging. In a
working paper submitted at the ICAO 2020 Working Group Meeting, it was
noted that the actual text for the two options was not clear.
Specifically, paragraph (b)(3)(iii)(A) does not clearly state that the
specification packaging containing the cells or batteries is then
packed with the equipment into a non-specification outer packaging.
Consistent with the clarifying revision in the ICAO Technical
Instructions, and to align more closely with the text in packing
instruction P903 of the UN Model Regulations, PHMSA proposes to revise
paragraph (b)(3)(iii)(A) by clearly indicating that the cells or
batteries must be placed in a specification package of a type that
meets PG II performance requirements and then

[[Page 34586]]

placed together with the equipment in a strong, rigid outer non-
specification packaging. For additional clarity, PHMSA also proposes to
revise paragraph (b)(3)(iii)(B) by replacing the text ``package'' with
the phrase ``packaging of a type'' when referring to the specification
package meeting the PG II performance requirements.
PHMSA also proposes to add a new paragraph (b)(3)(iii)(C) to
include a limitation for the number of batteries in the package, when
transported by air. This is consistent with the provisions for smaller
cells or batteries found in Sec. 173.185(c)(4)(vi), which currently
requires that for smaller cells or batteries contained in or packed
with equipment and shipped by aircraft, the number allowed in each
package is limited to the number required to power the piece of
equipment, plus two spare sets. The original provision limiting the
number in each packaging was added in HM-224F but did not apply to
fully regulated shipments.
However, PHMSA notes that the limitation on the number of cells or
batteries allowed in a package should apply to fully regulated
shipments of lithium batteries packed with equipment, consistent with
Section I.2 of Packing Instruction 966 (for UN3481) and Packing
Instruction 969 (for UN3091) of the ICAO Technical Instructions. PHMSA
did not intend to limit the scope of this requirement to just smaller
cells or batteries, as a condition for the exception from full
regulation under paragraph (c), as this packaging requirement is
intended to limit the hazard of lithium battery shipments in air
transportation. Limiting the number of batteries allowed to be packaged
with equipment reduces hazard risks and increases safety.
Section 173.185(b)(4) contains packaging provisions for lithium
cells or batteries contained in equipment. Consistent with the ICAO
Technical Instructions, PHMSA proposes to add a new paragraph
(b)(4)(iv) clarifying that for transportation by aircraft, when
multiple pieces of equipment are packed in the same outer packaging,
each piece of equipment must be packed to prevent contact with other
equipment. This change is necessary because existing provisions in
paragraph (b) could be interpreted to only apply to an outer packaging
containing a single piece of equipment; however, an outer packaging may
contain multiple pieces of equipment. This provision would more clearly
communicate that for multiple pieces of equipment containing lithium
cells or batteries in the same outer packaging, the equipment must be
packed to prevent damage due to contact between the pieces of
equipment.
Paragraph (c) exceptions for smaller cells or batteries revisions:
Paragraph (c)(3) specifies hazard communication requirements pertaining
to the use of the lithium battery mark. Currently, the heading of
paragraph (c)(3) is titled ``hazard communication''; however, PHMSA
proposes to amend this heading to read ``lithium battery mark.'' In
general, hazard communication refers to various documentation and
communication requirements, including but not limited to marking. PHMSA
expects that this change will provide clarity by referring to the
specific requirement for hazard communication stipulated in this
paragraph. PHMSA proposes to remove the telephone number requirement
from the lithium battery mark. The intended use of the telephone number
and its effectiveness was discussed by the UNSCOE. Examples pointing to
its ineffectiveness include differences in time zones and languages
between the origin and destination of a shipment or intermediate
transport point, and a lack of clarity on the expected capability of
the person responding to a telephone call. The requirement to include a
``telephone number for additional information'' was originally
introduced in the 15th revised edition of the UN Model Regulations. It
was envisioned that the telephone number would be for the consignor or
other responsible individual who could provide further information
(e.g., appropriate corrective actions should something be wrong with
the package) beyond the minimal information required to be indicated on
the package. At that time, there was minimal hazard communication and
less awareness than is currently provided for in the UN Model
Regulations. The consignor information can now be readily obtained
through other means such as a bill of lading, shipping labels, or other
paperwork thereby rendering the telephone number requirement as a piece
of information on the lithium battery mark effectively redundant. The
resulting consensus based on both the discussion and experience with
transport of small lithium batteries was that the telephone number adds
little value and removing the telephone number requirement from the
mark would not reduce the effectiveness of the mark and therefore, not
impact safety of transportation. Specifically, PHMSA proposes to revise
the lithium battery mark by removing the double asterisk from the
example figure and the corresponding requirement in paragraph
(c)(3)(i)(C) to replace the double asterisk with the telephone number.
PHMSA proposes a transition period authorizing continued use of the
current lithium battery mark until December 31, 2026.
Section 173.185(c) provides exceptions for smaller cells or
batteries. Paragraph (c)(4) contains provisions for exceptions for
smaller lithium cells and batteries offered by air transportation.
PHMSA proposes to remove the exceptions applicable to small lithium
cells and batteries when they are not packed with, or contained in,
equipment. This change was also implemented on January 1, 2022, by the
International Air Transport Association (IATA) and member airlines will
no longer accept packages of lithium batteries prepared in accordance
with Section II of Packing Instructions 965 and 968 of the ICAO
Technical Instructions. These exceptions in Sec. 173.185(c)(4), had
been developed to facilitate the global transport of small lithium
cells and batteries. However, these exceptions removed many of the
regulatory safeguards that provide for the safe transport of lithium
batteries, including requirements for air operators to perform an
acceptance check, information to be provided to the pilot-in-command,
and package hazard communication. Furthermore, the exceptions for small
lithium cells and batteries limit the ability of air operators to
conduct the necessary safety risk assessments. The reduced hazard
communication also increases the risk of small lithium cells and
battery packages restricted to transport on cargo aircraft only being
inadvertently loaded on a passenger aircraft. This proposed removal of
these exceptions would increase the visibility of these shipments to
operators who could perform an acceptance check to ensure proper
packaging and hazard communication and ensure the information regarding
the number and location of packages containing lithium batteries will
be provided to the pilot-in-command. The proposed changes do not apply
to the exceptions for small lithium cells and batteries packed with, or
contained in, equipment. Specifically, PHMSA proposes to remove the
following provisions:
Paragraph (c)(4)(i), including Table 1 regarding the
number and net quantity of lithium batteries.
In paragraph (c)(4)(ii), the first sentence with reference
to (c)(4).
Paragraph (c)(4)(iii), regarding limitation of one package
per consignment.
Paragraph (c)(4)(v), regarding offering packages and
overpacks to an

[[Page 34587]]

operator separately from cargo not subject to the HMR.
Paragraph (c)(4)(viii), regarding packing cells and
batteries with other hazardous materials in the same package or
overpack.
As a consequence, the remaining provisions in paragraph (c)(4)
applicable to lithium cells or batteries packed with, or contained in,
equipment would be reorganized and renumbered. The paragraph (c)(4)
introductory text would be revised to read ``Air Transportation.
Smaller Lithium cell or batteries packed with, or contained in,
equipment.'' Further, consistent with the ICAO Technical Instructions,
paragraph (c)(4)(ii), concerning overpacks, would be revised to add a
packing instruction that when placed into an overpack, packages must be
secured within the overpack, and the intended function of each package
must not be impaired by the overpack. The general provisions for
overpacks in Part 5; 1.1 of the ICAO Technical Instructions require
that packages must be secured within the overpack, and that the
intended function of the package must not be impaired by the overpack.
However, with the current construction of the provisions for small
batteries in Packing Instructions 966, 967, 969, and 970, the general
Part 5 overpack provisions do not apply, which could lead to packages
being unsecured or even damaged by being unrestrained within an
overpack. Therefore, these overpack provisions from Part 5 were added
to the respective packing instructions to ensure protection against
damage of the packages and their contents. These changes are consistent
with the elimination of ``Section II'' from Packing Instructions 965
and 968 in the ICAO Technical Instructions. These proposed amendments
maintain the level of safety (i.e., hazard communication clarifications
and revisions to lithium battery requirements for consistency). All the
proposed amendments are expected to maintain the HMR's high safety
standard. Safety benefits will also 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; impact on safety and the
environment; impact on environmental justice and equity; and any other
relevant information.
Section 173.185(c)(5), corresponding to Section IB in ICAO
Technical Instructions Packing Instructions 965 and 968, provides an
exception from specification packing requirements for smaller lithium
cells and batteries, not exceeding the size prescribed in paragraph
(c)(1) and subject to certain quantity limits. PHMSA proposes to revise
the paragraph (c)(5) introductory text to ``Air Transportation. Smaller
lithium cell and batteries.'' Combined with the revision of the (c)(4)
introductory text, this will assist users of this section by
identifying the subparagraphs in paragraph (c) containing additional
air transport provisions for lithium batteries, packed with, or
contained in, equipment, and those only applicable to lithium cells and
batteries. PHMSA proposes to revise paragraph (c)(5) by requiring
packages to be capable of withstanding a three-meter stack test for a
duration of 24 hours. Because lithium cells and batteries offered in
accordance with paragraph (c)(5) (which corresponds with IB of Packing
Instructions 965 and 968 of the ICAO Technical Instructions) are
excepted from the specification package requirements, they are not
presently subject to a stack test. However, the general requirements
for limited quantity packages by air in Sec. 173.27(f)(2)(vi), which
are also excepted from specification packaging requirements, do require
that each package be capable of withstanding a three-meter stack test
for a duration of 24 hours. In considering the packaging standards
between limited quantity packages and those for smaller lithium cells
and batteries, it was agreed by the DGP that packages must be capable
of withstanding a stack test, in parallel with the requirement for
limited quantity packages. PHMSA agrees with introducing a stack test
as a preventative safety measure against potential damage to lithium
battery packages from stacking of packages and proposes to include a
stack test requirement in paragraph (c)(5).
Lastly, consistent with corresponding revisions to international
standards, PHMSA is proposing editorial revisions in paragraphs (b)(5),
(e)(5), (e)(6), and (e)(7), where references to ``battery assemblies''
are removed and replaced with the phrase ``cells and batteries,'' as
used throughout the section. Paragraph 173.185(a)(1) requires each
lithium cell or battery to be of the type proven to meet the criteria
in part III, sub-section 38.3 of the UN Manual of Tests and Criteria.
The 38.3.2.3 definition for ``battery'' states that:

``. . . Units that are commonly referred to as ``battery
packs,'' ``modules'' or ``battery assemblies'' having the primary
function of providing a source of power to another piece of
equipment are, for the purposes of the Model Regulations and this
Manual, treated as batteries.''

Use of ``battery assemblies'' may be a source of confusion, as the
reader may understand it to have a separate meaning from ``battery,''
yet it is not specifically defined in the HMR. Further, based on the
requirement above to comply with the UN Manual of Tests and Criteria
and its associated meaning of ``battery assemblies,'' PHMSA considers
that the use of the term ``battery assemblies'' is redundant with the
term ``battery'' in the context of these transport requirements and
proposes to revise the text to reduce confusion of the provisions in
these paragraphs, regarding applicability to the assembly or to the
cells and batteries contained within an assembly. PHMSA expects that
the proposed changes to Sec. 173.185 will provide clarity, thus
enhancing the safety standard in the HMR for transportation of lithium
batteries.
Section 173.224
Section 173.224 establishes packaging and control and emergency
temperatures for self-reactive materials. The Self-Reactive Materials
Table in paragraph (b) of this section specifies self-reactive
materials authorized for transportation without first being approved
for transportation by the Associate Administrator for Hazardous
Materials Safety and requirements for transporting these materials. As
a result of new self-reactive materials formulations becoming
commercially available, the 22nd revised edition of the UN Model
Regulations includes updates to the list of specified self-reactive
materials authorized for transportation without prior approval. To
maintain consistency with the UN Model Regulations, PHMSA proposes to
update the Self-Reactive Materials Table by adding a new entry for
``(7-Methoxy-5-methyl-benzothiophen-2-yl) boronic acid''. PHMSA also
proposes to correct the name of one of the listed self-reactive
substances on the self-reactive substances table. Currently, ``2-(N,N-
Methylaminoethylcarbonyl)-4-(3,4-dimethyl-phenylsulphonyl)benzene
diazonium zinc chloride'' is listed, however this formulation name
should be ``2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-
dimethylphenylsulphonyl)benzenediazonium hydrogen sulphate''. While
reviewing the self-reactive table in the UN Model Regulations and ICAO
Technical Instructions, PHMSA discovered that ``2-(N,N-
Methylaminoethylcarbonyl)-4-(3,4-dimethyl-phenylsulphonyl)benzene
diazonium zinc chloride'' does not appear in any other international
regulations but that ``2-(N,N-

[[Page 34588]]

Methylaminoethylcarbonyl)-4-(3,4-
dimethylphenylsulphonyl)benzenediazonium hydrogen sulphate'' does and
includes identical packaging provisions. PHMSA does not believe that
there is any formulation called ``2-(N,N-Methylaminoethylcarbonyl)-4-
(3,4-dimethyl-phenylsulphonyl)benzene diazonium zinc chloride'' that
exists and that this entry as it appears is the result of an editorial
error in which two individual formulation names were inadvertently
combined. Therefore, PHMSA proposes to correct the name associated with
this formulation by removing the suffix ``benzene diazonium zinc
chloride'' and replacing it with ``benzenediazonium hydrogen
sulphate.'' PHMSA requests comment regarding this change, specifically
regarding whether the deletion of ``2-(N,N-Methylaminoethylcarbonyl)-4-
(3,4-dimethyl-phenylsulphonyl)benzene diazonium zinc chloride'' should
be reconsidered.
In addition, PHMSA proposes assigning a new ``Note 6'' to this
entry among the list of notes following the table. ``Note 6'' would
provide concentration limits of water and organic impurities for this
new self-reactive material. PHMSA expects that adding provisions for
the transport of (7-Methoxy-5-methyl-benzothiophen-2-yl) boronic acid
formulations will facilitate its transport while maintaining the HMR's
safe standard for transportation of self-reactive hazardous materials.
PHMSA also proposes to revise Sec. 173.224(b)(4). In a previous
final rule, HM-215O, PHMSA revised Sec. 173.224 to authorize self-
reactive materials to be transported and packed in accordance with
packing method OP8 where transport in IBCs or portable tanks is
permitted in accordance with Sec. 173.225, provided that the control
and emergency temperatures specified in the instructions are complied
with. This change allowed materials that are authorized in bulk
packagings to also be transported in appropriate non-bulk packagings.
PHMSA proposes to make an editorial correction to a reference to the
formulations listed in Sec. 173.225. In the course of adding this
provision, PHMSA incorrectly directed users to the Organic Peroxide IBC
Table by referencing 173.225(f) however the table is found in
173.225(e); therefore, PHSMA proposes to correct that sentence to refer
to 173.225(e).
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 22nd revised edition
of the UN Model Regulations includes updates to the list of identified
organic peroxides, which provides for formulations of these materials
that are authorized for transportation without prior approval. To
maintain consistency with the UN Model Regulations, PHMSA proposes to
update the Organic Peroxide Table in Sec. 173.225(c) by adding new
entries for ``tert-Butylperoxy isopropylcarbonate,'' ``tert-hexyl
peroxypivalate,'' and ``acetyl acetone peroxide,'' and identifying them
as ``UN3105, Organic peroxide type D, liquid''; ``UN3117, Organic
peroxide type E, liquid, temperature controlled''; and ``UN3107,
Organic peroxide type E, liquid,'' respectively. Additionally, PHMSA
proposes to add a ``Note 32'' following the table, in association with
the new entry for ``acetyl acetone peroxide,'' to indicate that the
active oxygen concentration for this formulation is limited to
concentrations of 4.15% active oxygen or less. PHMSA also proposes to
revise the Organic Peroxide Portable Tank Table in paragraph (g) to
maintain alignment with the 22nd revised edition of UN Model
Regulations by adding new formulation ``tert-Butyl hydroperoxide, not
more than 56% with diluent type B,'' identified by ``UN3109, Organic
peroxide type F, liquid.'' This amendment would also include the
addition of ``Note 2'' following the table to specify that diluent type
B is tert-Butyl alcohol. PHMSA expects that adding provisions for the
transport of these newly available peroxide formulations will
facilitate transportation of these materials, while maintaining the
HMR's safety standard for transportation of organic peroxide hazardous
materials.
Section 173.232
Section 173.232 outlines the packaging requirements for articles
containing hazardous materials. For the purposes of this section, an
``article'' means machinery, apparatus, or other device that contains
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. Currently, these
articles are forbidden from transport on passenger and cargo aircraft,
as specified in column (9) of the HMT. However, the 2023-2024 ICAO
Technical Instructions include new provisions permitting the transport
of certain articles containing hazardous materials aboard passenger and
cargo aircraft. These new provisions allow articles described and
classified as ``UN3548, Articles containing miscellaneous dangerous
goods, n.o.s., 9'' or ``UN 3538, Articles containing non-flammable,
non-toxic gas, n.o.s., 2.2'' to be transported by cargo and passenger
aircraft under certain conditions. PHMSA proposes to make changes
consistent with those provisions by adding two new packaging provisions
in Sec. 173.232, in addition to the new special provisions A224 and
A225 discussed above in Section-by-Section Review of NPRM Proposals for
Sec. 172.102. Specifically, PHMSA proposes to specify in paragraph (h)
that air transport is permitted for UN3548 articles containing less
than 5 L or 5 kg of environmentally hazardous substances when all other
conditions of Sec. 173.232 are met. In a new paragraph (i), the same
requirements are proposed for articles transported under UN3538, which:
(1) do not have an existing proper shipping name; (2) contain only
gases of Division 2.2 without a subsidiary hazard, except for
refrigerated liquefied gases and other gases that are forbidden for
transport on passenger aircraft, where the quantity of the Division 2.2
gas exceeds the quantity limits for UN 3363, as prescribed in Sec.
173.222; (3) the quantity of gas in the article does not exceed 75 kg
when transported by passenger aircraft or 150 kg when transported by
cargo aircraft; and (4) gas containing receptacles within the article
must meet the requirements of Part 173 and Part 175, as appropriate.,
or meet a national or regionally recognized pressure receptacle
standard.
Additionally, both packaging provisions would also permit the
transport of these articles, containing lithium cells or batteries,
provided that the batteries meet the requirements specified in Sec.
173.185. The aim of these new provisions is to facilitate the transport
of large articles containing environmentally hazardous substances, such
as aircraft landing gear struts filled with hydraulic fluid and large
articles containing a non-flammable, non-toxic gas, such as new types
of magnetic resonance imaging (MRI) scanners, which often contain
compressed helium, as well as lithium cells or batteries. As a
participant on the Dangerous Goods Panel, PHMSA expects that the
proposed packaging provisions provide an appropriate level of safety to
allow these items to be transported by air and are appropriate for
incorporation in the HMR.
Section 173.301b
Section 173.301b outlines additional general requirements when
shipping gases in UN pressure receptacles (e.g., cylinders). The 22nd
revised edition of

[[Page 34589]]

the UN Model Regulations updated references of several authorized
standards for ensuring proper valve protection. In order to maintain
the current safety standard of the HMR for valve protection and
harmonization with the requirements for UN pressure receptacles, PHMSA
proposes to also update these references. Currently, paragraph (c)(1)
requires that quick release cylinder valves for specification and type
testing must conform to the requirements in ISO 17871:2015(E), ``Gas
cylinders--Quick-release cylinder valves--Specification and type
testing.'' ISO 17871, in conjunction with ISO 10297 and ISO 14246,
specifies design, type testing, marking, manufacturing tests, and
examination requirements for quick-release cylinder valves, intended to
be fitted to refillable transportable gas cylinders and pressure drums
and tubes used to transport compressed or liquefied gases or
extinguishing agents charged with compressed gases to be used for fire-
extinguishing, explosion protection, and rescue applications. As part
of its regular review of its standards, ISO updated and published the
second edition of ISO 17871 as ISO 17871:2020(E). PHMSA proposes to
revise the valve requirements in this paragraph to require quick
release cylinder valves for specification and type testing to conform
to ISO 17871:2020(E). After December 31, 2026, conformance with ISO
17871:2015(E) will no longer be authorized in the UN Model Regulations;
therefore, for consistency, PHMSA also proposes to add a phaseout date
of December 31, 2026, for continued conformance with ISO 17871:2015(E).
The second edition of this standard broadens the scope to include quick
release valves for pressure drums and tubes and specifically excludes
the use of quick-release valves with flammable gases. Other notable
changes include the addition of the valve burst test pressure, the
deletion of the flame impingement test, and the deletion of the
internal leak tightness test at -40 [deg]C for quick-release cylinder
valves, used only for fixed firefighting systems installed in
buildings. PHMSA expects that updating the requirements for conformance
of UN pressure receptacles with this document will maintain the HMR
safety standard for these packagings and facilitate compliance with
valve requirements domestically and internationally by aligning the HMR
with changes adopted in the 22nd revised edition of the UN Model
Regulations. PHMSA reviewed this edition as part of its regular
participation in the review of amendments proposed for the UN Model
Regulations.
PHMSA also proposes to revise paragraph (c)(2), which requires UN
pressure receptacles to have their valves protected from damage to
prevent unintentional release of the contents of the receptacles.
Various methods on how to achieve damage protection are provided,
including equipping the container with a valve cap or guard that
conforms to ISO 11117:2008, ``Gas cylinders--Valve protection caps and
guards--Design, construction and tests'' and the Technical Corrigendum
1, a complementary document to the standard. As part of its regular
review of its existing standards, in 2019, ISO published an updated
version of this standard, 11117:2019, which was adopted in the 22nd
revised edition of the UN Model Regulations as a permitted conformance
standard for valve protection. This document updates the 2008 version,
currently authorized in paragraphs (c)(2)(ii) and (c)(2)(iii). In
accordance with the UN Model Regulations, PHMSA also proposes to
authorize the continued use of ISO 11117:2008, in conjunction with the
Technical Corrigendum, until December 31, 2026. Similarly, for metal
hydride storage systems, damage protection of the valve must be
provided in accordance with ISO 16111:2008, ``Transportable gas storage
devices--Hydrogen absorbed in reversible metal hydride.'' As part of
its regular review of its existing standards, in 2018, ISO published an
updated version of this standard, which was adopted in the 22nd revised
edition of the UN Model Regulations as a permitted conformance standard
for valve protection. Therefore, to maintain alignment with the UN
Model Regulations' requirements for UN metal hydride storage systems,
PHMSA proposes to update the required standard for protection of valves
to ISO 16111:2018 and include a phaseout date of December 31, 2026, for
continued use of valve guards conforming to valve protection standards
in ISO 16111:2008. PHMSA has reviewed the updated ISO standards as part
of its regular participation in the review of amendments proposed for
the UN Model Regulations and has determined use of the update ISO 16111
will maintain the HMR safety standard for protection of valves used in
UN metal hydride storage systems.
Paragraph (d) requires that when the use of a valve is prescribed,
the valve must conform to the requirements in ISO 11118:2015(E), ``Gas
cylinders--Non-refillable metallic gas cylinders--Specification and
test methods.'' ISO 11118:2015 specifies minimum requirements for the
material, design, inspections, construction and workmanship,
manufacturing processes, and tests at manufacture of non-refillable
metallic gas cylinders of welded, brazed, or seamless construction for
compressed and liquefied gases including the requirements for their
non-refillable sealing devices and their methods of testing. For
consistency with the UN Model Regulations, PHMSA proposes to revise the
valve conformance requirements to include a reference to the 2019
amendment of ISO 11118, specifically, ISO 11118:2015/Amd 1:2019, which
ISO published as a supplement to ISO 11118:2015(E). This supplement
corrects the references and numerous typographical errors. The
amendment also includes updates to the marking requirements in the
normative Annex A, which includes clarifications, corrections, and new
testing requirements. Additionally, paragraph (d) currently indicates
that the manufacture of valves to ISO 13340:2001(E) is authorized until
December 31, 2020. Since this date has passed, PHMSA proposes to remove
reference to this expired authorization.
Updating references to these documents would align the HMR with
changes adopted in the 22nd revised edition of the UN Model Regulations
pertaining to the design and construction of UN pressure drums. PHMSA
has reviewed this edition 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 its use.
Lastly, paragraph (f) of this section requires that for the
transportation of hydrogen bearing gases, a steel UN pressure
receptacle bearing an ``H'' mark must be used. The ``H'' marking
indicates that the receptacle is compatible with hydrogen embrittling
gases. However, some hydrogen bearing gases may also be transported in
composite pressure receptacles with steel liners as provided in Sec.
173.311. Therefore, PHMSA proposes to amend Sec. 173.301b(f) to
clarify that these compatibility provisions apply to steel UN cylinders
as well as composite pressure receptacles that include steel liners.
PHMSA expects that this amendment will add an additional level of
safety by ensuring that suitability of materials is considered when
shippers opt to use composite cylinders for the transport of hydrogen
bearing gases.
Section 173.302c
Section 173.302c outlines additional requirements for the shipment
of

[[Page 34590]]

adsorbed gases in UN pressure receptacles. Currently paragraph (k)
requires that filling of UN pressure receptacles with adsorbed gases be
performed in accordance with Annex A of ISO 11513:2011, ``Gas
cylinders--Refillable welded steel cylinders containing materials for
sub-atmospheric gas packaging (excluding acetylene)--Design,
construction, testing, use and periodic inspection.'' As part of its
periodic review and updates of standards, ISO has developed an updated
second edition (published in 2019). The updated ISO 11513 standard was
adopted in the 22nd revised edition of the UN Model Regulations for use
for cylinders filled with adsorbed gases. Similarly, PHMSA proposes to
require use of Annex A of ISO 11513:2019. Specifically, this amendment
would require the use of the 2019 standard and provide a phaseout date
for continued use of the ISO 11513:2011 until December 31, 2024.
Updating references to this document would align the HMR with changes
adopted in the 22nd revised edition of the UN Model Regulations
pertaining to the shipment of adsorbed gases in UN pressure
receptacles. PHMSA has reviewed this edition 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 its use.
Section 173.311
Section 173.311 specifies requirements for transportable UN metal
hydride storage systems (UN3468) that are comprised of pressure
receptacles not exceeding 150 L (40 gallons) in water capacity and
having a maximum developed pressure not exceeding 25 MPa (145 psi).
Currently, the HMR requires that these metal hydride storage systems be
designed, constructed, initially inspected, and tested in accordance
with ISO 16111:2008, ``Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride.'' However, the 22nd revised
edition of the UN Model Regulations updated references to this standard
to authorize the use of the updated 2018 version of ISO 16111, while
allowing the 2008 version to remain authorized for use until December
31, 2026. Therefore, for consistency with the requirements for UN metal
hydride storage systems, PHMSA proposes to adopt changes made in the
22nd revised edition of the UN Model Regulations to authorize the use
of ISO 16111:2018 and add a phaseout date of December 31, 2026, for
continued use of ISO 16111:2008. PHMSA has reviewed this edition as
part of its regular participation in the review of amendments proposed
for the UN Model Regulations and has determined the updated edition of
ISO 16111 will maintain the HMR safety standards for the design,
construction, initial inspection, and testing of UN metal hydride
storage systems.

D. Part 175

Section 175.1
Section 175.1 outlines the purpose, scope, and applicability of the
Part 175 requirements for the transport of hazardous materials by
aircraft. Specifically, these requirements are in addition to other
requirements contained in the HMR. The aircraft-level risk presented by
hazardous materials depends on factors, such as the total quantity and
type, potential interactions, and existing risk mitigation measures.
When accepting hazardous materials for transportation by aircraft,
aircraft operators (i.e., air carriers) must also comply with Federal
Aviation Administration (FAA) Safety Management System (SMS)
requirements in 14 CFR part 5--Safety Management Systems, that impacts
how operators comply with requirements of the HMR.
PHMSA proposes to add a new paragraph (e) to the HMR that includes
a reference that directs operators to the FAA's requirements to have an
SMS in place, in accordance with 14 CFR part 121. Safety risk
management is the process within the SMS composed of describing the
system, identifying the hazards, and analyzing, assessing, and
controlling risk. According to 14 CFR part 5, certain aircraft
operators are certificated, in accordance with 14 CFR part 121, to the
appropriate SMS requirements and a note referencing guidance for
performing a safety risk assessment. This action will not introduce new
regulatory burden, as these SMS requirements have been in place for
several years. However, PHMSA expects that adding a reference to these
requirements in the HMR will provide additional clarity for aircraft
operators, with respect to the applicability of SMS to the acceptance
and transport of hazardous materials at the aircraft level. Finally,
PHMSA notes that FAA Advisory Circular (AC) 120-121 \23\ provides
information relating to the risk assessments and potential mitigation
strategies to items in the aircraft cargo compartment. When using this
document, aircraft operators should refer to requisite ICAO documents,
check the FAA websites for additional information on cargo safety and
mitigations relating to fire events, and consider safety enhancements
developed and promoted by industry groups.
---------------------------------------------------------------------------

\23\ https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_120-121.pdf.
---------------------------------------------------------------------------

Section 175.10
Section 175.10 specifies the conditions under which passengers,
crew members, or an operator may carry hazardous materials aboard an
aircraft. Consistent with revisions to the ICAO Technical Instructions,
PHMSA proposes revisions in paragraphs (a)(15) and (a)(17) applicable
to the carriage of wheelchairs or other mobility aids powered by
batteries. Specifically, in paragraphs (a)(15)(v), (a)(15)(vi) and
(a)(17)(v), which currently require that the battery be securely
attached to the wheelchair or mobility aid or be removed and packed
appropriately, PHMSA proposes to add the supplemental requirements that
the battery is adequately protected against damage by the design of the
wheelchair or mobility aid. The proposed revisions will enhance the
safe carriage of these battery-powered items aboard passenger aircraft
by requiring combined measures of protection against damage and
securement of batteries or otherwise removed and packed appropriately.
Furthermore, the proposed revisions will assist passengers traveling
with battery-powered wheelchairs or mobility aids by providing better
clarity on the required safety measures. Additionally, PHMSA proposes
to revise introductory text to paragraphs (a)(14) and (a)(26) to
specifically state that each lithium battery must be of a type which
meets the requirements of UN Manual of Tests and Criteria, Part III,
Subsection 38.3. Currently this requirement is outlined in every other
subparagraph under paragraph (a) pertaining to lithium batteries but
was inadvertently omitted in prior rulemakings for paragraphs (a)(14)
and (a)(26). Therefore, for clarity and consistency with the ICAO
Technical Instructions, PHMSA proposes this editorial change, and
expects that it will improve safety by ensuring that it is understood
that all batteries transported under the provisions of that paragraph
are subject to UN testing.
PHMSA also proposes to revise paragraph (a)(18) regarding the
carriage of portable electronic devices (e.g., watches, cell phones,
etc.). Currently, the HMR allows these devices to be carried both in
carry-on baggage and checked baggage. However, this paragraph
stipulates that for lithium battery-powered devices carried in

[[Page 34591]]

checked baggage, the devices must be completely switched off (i.e., not
in sleep or hibernation mode). The requirement to turn off battery
powered devices was added in the ICAO Technical Instructions and the
HMR as a result of temporary security restrictions that prohibited the
carriage of large portable electronic devices in the cabin on certain
flights. In addition to the restriction of electronic devices in the
aircraft cabin, a requirement to turn off all devices powered by
lithium batteries when placed in checked baggage was added to prevent
risks from overheating in those devices that might remain active when
not powered off (e.g., laptops). This requirement to turn devices off
was applied to all devices powered by batteries or cells, regardless of
their size and level of risk, primarily to simplify the regulations and
facilitate its implementation. However, in light of the need for
passengers to carry active devices powered by small cells in checked
baggage (e.g., small tracking devices), PHMSA proposes to provide some
conditional relief from this requirement for passengers and crew by
applying the provision to switch off the device to only those devices
powered by lithium metal batteries exceeding 0.3 grams lithium content
or lithium ion batteries exceeding 2.7 Wh. This is consistent with
paragraph (a)(26) which allows baggage equipped with lithium batteries
to be carried as checked baggage if the batteries do not exceed 0.3
grams of lithium content or 2.7 Wh, respectively. Based on similar
battery size criteria in paragraph (a)(26), PHMSA does not expect a
reduction in safety of transporting lithium battery-powered devices
aboard passenger aircraft under the proposed exception. Moreover, small
lithium battery-powered devices are not known or expected to create
heat in the same manner as portable electronic devices powered by much
larger batteries. PHMSA expects that this amendment will avoid
unnecessary operational challenges for States, operators, and the
travelling public without compromising safety.
Additionally, PHMSA proposes to add clarification in paragraph (a)
that the most appropriate exception from this section shall be selected
when hazardous materials are carried by aircraft passengers or
crewmembers. For example, paragraph (a)(19) specifies conditions for
battery-powered smoking devices such that a person cannot opt to follow
the more generalized portable electronic device conditions of paragraph
(a)(18). PHMSA expects that this clarification will support the safe
transport of excepted hazardous materials by ensuring that they will be
transported in a manner that is most appropriate for the hazard they
may pose.
Finally, PHMSA proposes to make a clarifying amendment to paragraph
(a)(26) regarding baggage equipped with lithium batteries. Oftentimes,
the baggage has built-in features that cannot be turned off and the
intent of paragraph (a)(26) is the devices are not required to be
turned off when the baggage is checked. Therefore, PHMSA proposes to
clarify paragraph (a)(26) to state plainly that, under the conditions
allowing baggage to be checked without removing the batteries,
electronic features of the baggage do not have to be switched off.
Section 175.33
Section 175.33 establishes requirements for shipping papers and for
the notification of the pilot-in-command when hazardous materials are
transported by aircraft. Consistent with the proposed removal of the
exceptions applicable to small lithium cells and batteries, as
discussed in the Section-by-Section Review discussion of changes in
Sec. 173.185(c), PHMSA proposes to revise paragraph (a)(13)(iii) to
remove reference to UN3480, lithium ion batteries and UN3090 lithium
metal batteries. Currently, paragraph (a)(13)(iii) conditionally
excepts certain lithium batteries \24\ that are prepared in accordance
with the paragraph Sec. 173.185(c) exceptions for smaller cells and
batteries from the requirement to be included with the information to
be provided to the pilot-in-command. Since smaller lithium cells and
batteries that are not packed with or contained in equipment are no
longer provided relief from hazard communication requirements, such as
shipping papers, PHMSA proposes a conforming change to this section to
also require the inclusion of lithium cells and batteries as part of
the information provided to the pilot-in-command. This revision will
maintain the HMR standard of hazard communication for transportation of
lithium cells and batteries by air.
---------------------------------------------------------------------------

\24\ UN3480, Lithium ion batteries, UN3481, Lithium ion
batteries, contained in equipment, UN3090, Lithium metal battery
including lithium alloy batteries, and UN3091, Lithium metal
batteries packed with/contained in equipment.
---------------------------------------------------------------------------

E. Part 178

Section 178.37
Section 178.37 outlines the construction requirements for DOT
specification 3AA and 3AAX seamless steel cylinders. As summarized in
the Section IV. Section-by-Section Review discussion of changes to
Sec. 171.7, PHMSA proposes to incorporate by reference the revised
third edition (published in 2019) of ISO 9809-1, ``Gas cylinders--
Design, construction and testing of refillable seamless steel gas
cylinders and tubes--Part 1: Quenched and tempered steel cylinders and
tubes with tensile strength less than 1100 Mpa.'' Currently, ISO 9809-1
is referenced in Sec. 178.37 as an approved methodology by which to
perform bend tests, instead of the required flattening test specified
in paragraph (j). As currently written, paragraph (j) does not specify
which edition is authorized, yet multiple editions are incorporated by
reference in Sec. 171.7. PHMSA aims to make the requirement clearer by
proposing to authorize use of the most current version of ISO 9809-1
only. PHMSA reviewed the 2019 version and concludes that the bend test
provisions in the standard remain a suitable alternative for the
flattening test provisions of paragraph (j). This clarification will
improve compliance with the appropriate version of ISO 9809-1 and
ensure an appropriate level of safety.
Section 178.71
Section 178.71 prescribes specifications for UN pressure
receptacles. Several updates to referenced standards pertaining to the
design, construction, and maintenance of UN pressure receptacles were
added in the 22nd revised edition of the UN Model Regulations. To
maintain consistency with the UN Model Regulations, PHMSA proposes
similar updates to those ISO standards incorporated by reference in
this section.
Paragraph (f) outlines required conformance to ISO design and
construction standards, as applicable, for UN refillable welded
cylinders and UN pressure drums in addition to the general requirements
of the section. ISO 21172-1:2015, ``Gas cylinders--Welded steel
pressure drums up to 3,000 litres capacity for the transport of gases--
Design and constructionmdash;Part 1: Capacities up to 1,000 litres'' is
currently included in paragraph (f)(4) and specifies the minimum
requirements for the material, design, fabrication, construction and
workmanship, inspection, and testing at manufacture of refillable
welded steel pressure drums of volumes up to 1,000 L (264 gallons). The
22nd revised edition of the UN Model Regulations includes an amendment
to ISO 21172:2015--ISO 21172-1:2015/Amd1:2018, ``Gas cylinders--Welded

[[Page 34592]]

steel pressure drums up to 3,000 litres capacity for the transport of
gases--Design and construction--Part 1: Capacities up to 1,000 litres--
Amendment 1.'' ISO 21172-1:2015/Amd1:2018 is a short supplemental
amendment to be used in conjunction with ISO 21172-1:2015. It removes
the restriction on use of UN pressure drums for transportation of
corrosive materials. In addition to adding a reference for use of this
supplemental document, the UN Model Regulations added a phase out date
of manufacture of December 31, 2026, until which ISO 21172-1:2015 UN
pressure drums may continue to be manufactured without the supplement.
Similarly, PHMSA proposes to require conformance of UN pressure drums
with ISO 21172 used in combination with the supplemental amendment, and
adding a phaseout date of December 31, 2026, for continued manufacture
of UN pressure drums in conformance with ISO 21172-1:2015 without the
supplemental amendment.
Additionally, PHMSA proposes to revise paragraphs (g), (k), and (n)
which outline the design and construction requirements for UN
refillable seamless steel cylinders, UN acetylene cylinders, and UN
cylinders for the transportation of adsorbed gases, respectively.
Currently this section requires that these UN cylinders conform to the
second edition (published in 2010) of one or more of following ISO
standards:
(1) ISO 9809-1:2010 ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1,100 MPa.'';
(2) ISO 9809-2, ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1,100 MPa.''.
(3) ISO 9809-3, ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders.''
This series of ISO standards specifies minimum requirements for the
material, design, construction and workmanship, manufacturing
processes, examination, and testing at time of manufacture for
refillable seamless steel gas cylinders and tubes with water capacities
up to and including 450 L (119 gallons). PHMSA proposes to modify the
design and construction requirements for UN cylinders by authorizing
the use of the revised third edition of ISO 9809, Parts 1 through 3.
Additionally, PHMSA proposes to add a phaseout date of December 31,
2026, for continued design, construction, and testing of UN cylinders
conforming to the second edition. Finally, PHMSA proposes to remove
reference to the first edition of these standards as the authorized
date (December 31, 2018) for continued manufacture in accordance with
this edition has expired. PHMSA has reviewed these updated standards as
part of its regular participation in the review of amendments proposed
for the UN Model Regulations and expects their required use will
maintain the HMR safety standard for manufacture of UN cylinders.
Paragraph (i) outlines required conformance to ISO design and
construction standards for UN non-refillable metal cylinders. PHMSA
proposes to remove reference to ISO 11118:1999 and add a reference to a
supplemental amendment, ISO 11118:2015/Amd 1:2019. Current paragraph
(i) requires, in addition to the general requirements of the section,
conformance with ISO 11118:2015, ``Gas cylinders--Non-refillable
metallic gas cylinders--Specification and test methods.'' ISO
11118:2015 specifies minimum requirements for the material, design,
inspections, construction, workmanship, manufacturing processes, and
tests for manufacture of non-refillable metallic gas cylinders of
welded, brazed, or seamless construction for compressed and liquefied
gases including the requirements for their non-refillable sealing
devices and their methods of testing. PHMSA proposes to revise the
valve conformance requirements to include a reference to the 2019
supplemental amendment (ISO 11118:2015/Amd 1:2019), which ISO published
to be used in conjunction with an ISO 11118:2015. Additionally, PHMSA
proposes to add an end date of December 31, 2026, to the authorization
to use ISO 11118:2015 when not used in conjunction with the
supplemental 2019 amendment, ISO 11118:2015 +Amd.1:2019. This
supplemental amendment corrects the identity of referenced clauses and
corrects numerous typographical errors. 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.
Paragraph (m) outlines required conformance to ISO standards for
the design and construction requirements of UN metal hydride storage
systems. Currently this paragraph requires that metal hydride storage
systems conform to ISO 16111:2008, ``Transportable gas storage
devices--Hydrogen absorbed in reversible metal hydride,'' in addition
to the general requirements of this section. As part of its regular
review of its existing standards, in 2018 ISO published an updated
version of this standard, which was adopted in the 22nd revised edition
of the UN Model Regulations. In addition to permitting construction in
accordance with ISO 16111:2018, the 22nd revised edition of the UN
Model Regulations added a December 31, 2026, phaseout date for the
continued construction of UN metal hydride storage systems conforming
to ISO 16111:2008. Therefore, to maintain alignment with the UN Model
Regulations, PHMSA proposes to add the same phaseout date of December
31, 2026.
Paragraph (n) prescribes the design and construction requirements
for UN cylinders for the transportation of adsorbed gases. In addition
to updating reference for required conformance with ISO 9809-1:2019 as
discussed above, PHMSA also proposes to require conformance to an
updated version of ISO 11513, ``Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene)--Design, construction, testing, use and periodic
inspection.'' ISO 11513 specifies minimum requirements for the
material, design, construction, workmanship, examination and testing at
manufacture of refillable welded steel cylinders for the sub-
atmospheric pressure storage of liquefied and compressed gases. The
second edition has updated packing instructions and allows the use of
ultrasonic testing as a nondestructive method for inspection of the
cylinders. Currently the HMR require that UN cylinders that are used
for the transportation of adsorbed gases conform to either ISO 9809-
1:2010 or ISO 11513:2011. PHMSA proposes to require conformance with
the updated ISO 11513:2019 in addition to the option of the updated ISO
9809-1:2019 edition. PHMSA also proposes to add a phaseout date of
December 31, 2026, to allow UN cylinders to continue to be built in
conformance with ISO 11513:2011.
Updating reference to this standard would align the HMR with
changes adopted in the 22nd revised edition of the UN Model
Regulations, pertaining to the design and construction of UN cylinders
used for the transportation of adsorbed gases. PHMSA has reviewed this
edition as part of its regular participation in the review of
amendments proposed for the UN Model Regulations and expects that the
required use will maintain the HMR

[[Page 34593]]

safety standard for the manufacture of UN cylinders.
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. PHMSA proposes to revise paragraph (d)(3) which outlines
the general design and construction requirements for MEGCs. Currently
this paragraph requires that each pressure receptacle of a MEGC be of
the same design type, seamless steel, and constructed and tested
according to one of five ISO standards including the second editions
of:
(1) ISO 9809-1 ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa.'';
(2) ISO 9809-2, ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1100 MPa.''; and
(3) ISO 9809-3, ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders.''
This series of ISO standards specify minimum requirements for the
material, design, construction, workmanship, manufacturing processes,
examination, and testing at time of manufacture for refillable seamless
steel gas cylinders and tubes with water capacities up to and including
450 L (119 gallons). The standards were updated and revised, as
discussed in the Section IV. Section-by-Section Review discussion of
Sec. 171.7 changes. PHMSA proposes to authorize the use of the third
edition of ISO 9809, Parts 1 through 3, and to add a phaseout date of
December 31, 2026, for continued manufacture of pressure receptacles
using the second edition. Finally, PHMSA proposes to remove reference
to the first edition of these standards, as the authorization date
(December 31, 2018) for continued manufacture in accordance with this
edition has expired. Authorizing the use of these updated references to
this document would align the HMR with changes adopted in the 22nd
revised edition of the UN Model Regulations, pertaining to the design
and construction of pressure vessels, including MEGCs, while
maintaining the HMR safety standard for use of MEGCs.
Section 178.609
Section 178.609 provides test requirements for packagings intended
for transport of infectious substances. PHMSA proposes an editorial
change in paragraph (d) to clarify the drop testing requirements for
these packagings. In rule HM-215P,\25\ PHMSA made editorial changes in
paragraph (g) to clarify the performance requirements for packagings
intended to also contain dry ice consistent with changes to the 21st
revised edition of UN Model Regulations. However, some additional
editorial changes regarding the drop test requirements for these
packagings were later added to the UN Model Regulations that were not
reflected in HM-215P. Therefore, in this NPRM, PHMSA proposes to make
additional editorial corrections to this section pertaining to the drop
test requirements in paragraph (d). Currently, paragraph (d)(2) states
that where the samples are in the shape of a drum, three samples must
be dropped, in three different orientations. However, during the course
of the finalization of these changes in the UN Model Regulations, an
additional precision was made regarding the word ``chime,'' which was
removed from these testing requirements and replaced with the word
``edge.'' The wording was changed so as not to specify which direction
the package should be dropped. 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
expects this change to maintain the current level of safety for
packagings intended to contain infectious substances. This change would
simply result in a packaging being tested in line with the design of
the original packaging test method.
---------------------------------------------------------------------------

\25\ 87 FR 44944 (July 26, 2022).
---------------------------------------------------------------------------

Section 178.706
Section 178.706 prescribes construction standards for rigid plastic
IBCs. PHMSA proposes to revise paragraph (c)(3) to allow the use of
recycled plastic (i.e., used material) in the construction of rigid
plastic IBCs with the approval of the Associate Administrator
consistent with a similar change adopted in the 22nd revised edition of
the UN Model Regulations and international standards. PHMSA proposes
including a slight variation from the international provision by
requiring prior approval by the Associate Administrator for use of
recycled plastics in the construction of rigid plastic IBCs. This
approach is consistent with current requirements for the construction
of plastic drums and jerricans in Sec. 178.509(b)(1) that restrict use
of ``used material'' unless approved by the Associate Administrator.
The UN Model Regulations incorporate quality assurance program
requirements that require recognition by a governing body. By requiring
approval of the Associate Administrator, PHMSA is able to maintain
oversight of procedures, such as batch testing, that manufacturers will
use to ensure the quality of recycled plastics used in the construction
of rigid plastic IBCs. This proposed action will facilitate
environmentally friendly processes in the construction of rigid plastic
IBCs while maintaining the high safety standards in the production of
these packagings for use in transportation of hazardous materials.
Section 178.707
Section 178.707 prescribes construction standards for composite
IBCs. PHMSA proposes to revise paragraph (c)(3)(iii) to allow the use
of recycled plastic (i.e., used material) in the construction of inner
receptacles of composite IBCs, with the approval of the Associate
Administrator, consistent with a similar change adopted in the 22nd
revised edition of the UN Model Regulations and the model international
standards. PHMSA is including a slight variation from the international
provision by requiring prior approval by the Associate Administrator to
use recycled plastics in the construction of inner plastic receptacles
of composite IBCs. This approach is consistent with current
requirements for construction of plastic drums and jerricans in Sec.
[thinsp]178.509(b)(1), which restrict use of ``used material,'' unless
approved by the Associate Administrator. The UN Model Regulations
incorporate quality assurance program requirements that require
recognition by a governing body. By requiring approval of the Associate
Administrator, PHMSA is able to maintain oversight of procedures, such
as batch testing, that manufacturers will use to ensure the quality of
recycled plastics used in the construction of inner plastic receptacles
of composite IBCs. This proposed action will facilitate environmentally
friendly processes in the construction of composite IBCs while
maintaining the high safety standards in the production of these
packagings for use in transportation of hazardous materials.

F. Part 180

Section 180.207
Section 180.207 outlines the requirements for requalification of UN

[[Page 34594]]

pressure receptacles. The 22nd revised edition of the UN Model
Regulations includes numerous updates to referenced standards for
inspection and maintenance of UN pressure receptacles. PHMSA proposes
similar amendments in the HMR to maintain consistency with the UN Model
Regulations. To that end, PHMSA proposes to revise paragraph (d), which
specifies the requalification procedures and conformance standards for
specific procedures. Specifically, paragraph (d)(3) currently requires
that dissolved acetylene UN cylinders be requalified in accordance with
ISO 10462:2013, ``Gas cylinders--Acetylene cylinders--Periodic
inspection and maintenance. ISO 10462:2013 specifies requirements for
the periodic inspection and maintenance of acetylene cylinders. It
applies to acetylene cylinders with and without solvent and with a
maximum nominal water capacity of 150 L. As part of a periodic review
of its standards, the ISO reviewed this standard, and in June 2019
published a short supplemental amendment, ISO 10462:2013/Amd 1:2019.
The supplemental document provides amendments that simplify the marking
of rejected cylinders to render them unserviceable. This supplemental
document is intended for use in conjunction with ISO 10462:2013 for the
periodic inspection and maintenance of dissolved acetylene UN
cylinders. As such, PHMSA proposes to add a reference to ISO
10462:2013/Amd 1:2019 in Sec. 180.207(d)(3) where ISO 10462:2013 is
currently required, and add a phaseout date of December 31, 2024, for
authorized use of ISO 10462:2013 without the supplemental amendment.
PHMSA also proposes to revise paragraph (d)(5) which requires that
UN cylinders used for adsorbed gases be inspected and tested in
accordance with Sec. 173.302c and ISO 11513:2011. ISO 11513 specifies
minimum requirements for the material, design, construction,
workmanship, examination and testing at manufacture of refillable
welded steel cylinders for the sub-atmospheric pressure storage of
liquefied and compressed gases. The 22nd revised edition of the UN
Model Regulations updated references to ISO 11513 to authorize the use
of the second edition, ISO 11513:2019. This second edition has been
updated to amend packing instructions and remove the prohibition on the
use of ultrasonic testing during periodic inspection. PHMSA proposes
authorizing the use of ISO 11513:2019 and adding a sunset date of
December 31, 2024, until which the current edition of ISO 11513 may
continue to be used.
Lastly, PHMSA proposes to add paragraph (d)(8) to reference ISO
23088:2020, ``Gas cylinders--Periodic inspection and testing of welded
steel pressure drums--Capacities up to 1,000 L,'' to provide a
requalification standard for UN pressure drums because requalification
procedures may differ for pressure drums versus other UN pressure
receptacles. The ISO 23088:2020 standard complements the design and
construction standard ISO 21172-1, ``Gas cylinders--Welded steel
pressure drums up to 3,000 litre capacity for the transport of gases--
Design and construction--Part 1: Capacities up to 1,000 litres'',
referenced in Sec. 178.71 for UN pressure drums. ISO 21172-1:2015 was
added in the HMR in rule HM-215O. PHMSA expects that incorporating by
reference a safety standard for requalification will reduce business
costs and environmental effects by allowing existing UN pressure drums
to be reintroduced into service for continued use for an extended
period of time.
These revisions would align the HMR with changes adopted in the
22nd revised edition of the UN Model Regulations pertaining to industry
consensus standards for requalification and maintenance procedures for
UN pressure receptacles. PHMSA has reviewed this edition 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 its use. PHMSA expects that these
amendments will enhance safety by providing cylinder and pressure drum
users with the necessary guidelines for the continued use of UN
pressure receptacles.

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'') \26\
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.
---------------------------------------------------------------------------

\26\ 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, and aligning HMR requirements with, anticipated
increases in the volume of lithium batteries transported by 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 four of the

[[Page 34595]]

proposed amendments in the rulemaking. The effects of six remaining
proposed amendments are not quantified but are assessed qualitatively.
PHMSA estimates that the net annualized quantified net cost savings
of this rulemaking, using a 7% discount rate, are between $5.5 million
and $13.2 million per year. The following table presents a summary of
the monetized impacts that these proposed changes may have upon
codification.

Summary of Net Regulatory Cost Savings, Discount Rate = 7%, 2022-2031
[millions, 2021$]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
10 Year costs 10 Year cost savings 10 Year net cost Annual costs Annual cost savings Annual net cost
-------------------------------------------- savings -------------------------------------------- savings
Rule amendment ---------------------- ---------------------
Low High Low High Low High Low High Low High Low High
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1: Incorporation by reference............................... $8 $8 $0 $0 $(8) $(8) $1 $1 $0 $0 $(1) $(1)
2: HMT additions............................................ 0.1 0.1 0 0 (0.1) (0.1) 0.01 0.01 0 0 (0.01) (0.01)
3: Self-reactive materials and organic peroxides............ 0 0 0.01 0.03 0.01 0.03 0 0 0.001 0.005 0.001 0.005
5: Lithium battery changes.................................. 4 7 54 105 47 101 0.5 1 8 15 7 14
-----------------------------------------------------------------------------------------------------------------------------------
Total................................................... 12.1 15.0 53.9 104.8 38.9 92.8 1.7 2.1 7.7 14.9 5.5 13.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Values in red in net cost savings columns indicate costs. Low net cost savings for each amendment are determined by subtracting the highest costs from the lowest cost savings. High net
cost savings are determined by subtracting the lowest costs from the highest cost savings.

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'') \27\
and the Presidential memorandum (``Preemption'') that was published in
the Federal Register on May 22, 2009.\28\ 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.''
---------------------------------------------------------------------------

\27\ 64 FR 43255 (Aug. 10, 1999).
\28\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------

The rulemaking may preempt state, 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'') \29\ 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.
---------------------------------------------------------------------------

\29\ 65 FR 67249 (Nov. 9, 2000).
---------------------------------------------------------------------------

PHMSA assessed the impact of the rulemaking and preliminarily
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 to not
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.

[[Page 34596]]

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'') \30\ 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.\31\
---------------------------------------------------------------------------

\30\ 67 FR 53461 (Aug. 16, 2002).
\31\ DOT, ``Rulemaking Requirements Related to Small Entities,''
www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities.
---------------------------------------------------------------------------

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, packaging manufacturers, distributors, and training
companies. As discussed at length in the PRIA found 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 some
amendments that may impact OMB Control Number 2137-0034, such as the
requirement to indicate the use of Special Provisions A54 on the
shipping papers, however PHMSA expects the overall impact to annual
paperwork burden is negligible in relation to the number of burden
hours currently associated with this information collection. While
PHMSA expects this proposal 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.
Additionally, PHMSA is revising Sec. 173.185(c)(4) to require that
shippers and carriers of small lithium batteries not contained in
equipment have shipping papers and perform NOPIC checks when
transported by air. PHMSA estimates that 45 domestic airlines
transporting 4,044 shipments of affected lithium batteries may be
affected by this provision. PHMSA estimates a burden increase of 16
minutes per shipment, or 64,704 minutes (1,078 hours) in the first
year. PHMSA estimates the increased burden for this information
collection as follows:

OMB Control No. 2137-0034: Hazardous Materials Shipping Papers &
Emergency Response Information
Annual increase in number of respondents: 45.
Annual increase in number of responses: 4,044.
Annual increase in burden hours: 1,078.
Increase in Annual Burden Cost: $0.

PHMSA accounts for the burden from approval applications in OMB
Control Number 2137-0557, ``Approvals for Hazardous Materials.'' PHMSA
also proposes to add new entries to the Sec. 173.224 Self Reactives
Table and Sec. 173.225 Organic Peroxide Table, which PHMSA expects
estimates 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. Based on
estimates provided in the PRIA, PHMSA estimates that this proposal
would reduce the number of approvals by one annually. PHMSA estimates
the reduction in this information collection as follows:
OMB Control No. 2137-0057: Approvals for Hazardous Materials
Decrease in Annual Number of Respondents: 1
Decrease in Annual Responses: 1
Decrease in Annual Burden Hours: 4.75
Decrease in Annual Burden Cost: $0

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, 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. 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

[[Page 34597]]

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 is not expected to 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.

H. 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 if 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. This Environmental Assessment
incorporates by reference the analysis discussing safety impacts that
is included in the preamble language above.
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 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 is incorporated by reference in this
discussion of the environmental impacts of the Proposed Action
Alternative), PHMSA expects that 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 of 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 22nd revised edition of the UN Model Regulations, the 2023-2024
ICAO Technical Instructions and amendment 41-22 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.
PHMSA expects that the No Action Alternative could have a modest
impact on GHG emissions. Because PHMSA expects that the differences
between the HMR and international standards for transportation of
hazardous materials 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)
reshipment 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. 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

[[Page 34598]]

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 components of lithium battery
technologies) and facilitate safe shipment of hazardous materials.
PHMSA expects that the Proposed Action Alternative could realize
modest reductions in GHG emissions. Because PHMSA expects that 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) reshipment 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. 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 FAA, FMCSA, FRA, and USCG 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.

I. 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''),\32\ 13985 (``Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government''),\33\ 13990
(``Protecting Public Health and the Environment and Restoring Science
To Tackle the Climate Crisis''),\34\ and 14008 (``Tackling the Climate
Crisis at Home and Abroad'') \35\ 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.
---------------------------------------------------------------------------

\32\ 59 FR 7629 (Feb. 11, 1994).
\33\ 86 FR 7009 (Jan. 20, 2021).
\34\ 86 FR 7037 (Jan. 20, 2021).
\35\ 86 FR 7619 (Feb. 1, 2021).
---------------------------------------------------------------------------

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 that 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.

J. 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 and including any personal information that the
commenter includes, in the system of records notice. DOT's complete
Privacy Act Statement is in the Federal Register published on April 11,
2000,\36\ or on DOT's website at https://www.dot.gov/privacy.
---------------------------------------------------------------------------

\36\ 65 FR 19477 (Apr. 11, 2000).
---------------------------------------------------------------------------

K. Executive Order 13609 and International Trade Analysis

Executive Order 13609 (``Promoting International Regulatory
Cooperation'') \37\ requires that agencies consider whether the impacts
associated with significant variations between domestic and
international regulatory

[[Page 34599]]

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.
---------------------------------------------------------------------------

\37\ 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.

L. National Technology Transfer and Advancement Act

The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) 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.

M. Executive Order 13211

Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') \38\
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.
---------------------------------------------------------------------------

\38\ 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, 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.

49 CFR Part 175

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

49 CFR Part 176

Cargo vessels, Hazardous materials transportation, Incorporation by
reference, Maritime carriers, 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, Incorporation by reference,
Motor carriers, Motor vehicle safety, Packaging and containers,
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. In Sec. 171.7:
0
a. Revise paragraphs (t)(1), (v)(2); and (w)(32) through (81);
0
b. Add paragraphs (w)(82) through (92); and
0
c. Revise paragraphs (aa)(3) and (dd)(1) through (4).
The revisions and additions read as follows:

Sec. 171.7 Reference material.

* * * * *
(t) * * *
(1) ICAO Doc 9284 Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), 2023-2024
Edition, copyright 2021; into Sec. Sec. 171.8; 171.22 through 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

[[Page 34600]]

Amendment 41-22 (English Edition), Volumes 1 and 2, 2022 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) * * *
(32) ISO 9809-1:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 1:
Quenched and tempered steel cylinders and tubes with tensile strength
less than 1100 Mpa, Third Edition, 2019-08-01; into Sec. Sec. 178.37;
178.71; 178.75.
(33) ISO 9809-2:2000(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1 100 MPa., First edition, June 2000; into Sec. Sec. 178.71; 178.75.
(34) ISO 9809-2:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1100 MPa., Second edition, 2010-04-15; into Sec. Sec. 178.71; 178.75.
(35) ISO 9809-2:2019(E): Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 2:
Quenched and tempered steel cylinders and tubes with tensile strength
greater than or equal to 1100 MPa, Third edition, 2019-08; into
Sec. Sec. 178.71; 178.75.
(36) ISO 9809-3:2000(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 3: Normalized
steel cylinders, First edition, December 2000; into Sec. Sec. 178.71;
178.75.
(37) ISO 9809-3:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 3: Normalized
steel cylinders, Second edition, 2010-04-15; into Sec. Sec. 178.71;
178.75.
(38) ISO 9809-3:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 3:
Normalized steel cylinders and tubes, Third edition, 2018-08; into
Sec. Sec. 178.71; 178.75.
(39) ISO 9809-4:2014(E), Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 4: Stainless
steel cylinders with an Rm value of less than 1 100 MPa, First edition,
2014-07-15; into Sec. Sec. 178.71; 178.75.
(40) ISO 9978:1992(E)--Radiation protection--Sealed radioactive
sources--Leakage test methods. First Edition, (February 15, 1992); into
Sec. 173.469.
(41) 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; into Sec. 173.115.
(42) 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.
(43) 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.
(44) ISO 10297:2014(E), Gas cylinders--Cylinder valves--
Specification and type testing, Third Edition, 2014-07-15; into
Sec. Sec. 173.301b; 178.71.
(45) 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.
(46) 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.
(47) ISO 10462:2013(E), Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance, Third Edition, 2013-12-15; into
Sec. 180.207.
(48) ISO 10462:2013/Amd 1:2019(E), ``Gas cylinders--Acetylene
cylinders--Periodic inspection and maintenance--Amendment 1, Third
Edition, 2019-06; into Sec. 180.207.
(49) 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.
(50) 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.
(51) 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; into Sec. Sec.
172.102, 173.301b, 178.71.
(52) 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; into Sec. Sec. 173.301b; 178.71.
(53) 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.
(54) 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.
(55) 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.
(56) ISO 11117:2019(E), ``Gas cylinders--Valve protection caps and
guards--Design, construction and tests, 2019-11-01; into Sec.
173.301b.
(57) ISO 11118(E), Gas cylinders--Non-refillable metallic gas
cylinders--Specification and test methods, First edition, October 1999;
into Sec. 178.71.
(58) ISO 11118:2015(E), Gas cylinders--Non-refillable metallic gas
cylinders--Specification and test methods, Second edition, 2015-09-15;
into Sec. Sec. 173.301b; 178.71.
(59) ISO 11118:2015/Amd 1:2019(E), Gas cylinders--Non-refillable
metallic gas cylinders--Specification and test methods--Amendment 1,
Second edition, 2019-10; into Sec. Sec. 173.301b; 178.71.
(60) 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.
(61) 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.
(62) ISO 11119-2(E), Gas cylinders--Gas cylinders of composite
construction--Specification and test methods--Part 2: Fully wrapped
fibre reinforced composite gas cylinders with load-sharing metal
liners, First edition, May 2002; into Sec. 178.71.
(63) 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.
(64) ISO 11119-2:2012/Amd.1:2014(E), Gas cylinders--

[[Page 34601]]

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.
(65) 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.
(66) 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.
(67) 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, 2016-02-15; into Sec. 178.71;
178.75.
(68) ISO 11120(E), Gas cylinders--Refillable seamless steel tubes
of water capacity between 150 l and 3000 l--Design, construction and
testing, First edition, 1999-03; into Sec. Sec. 178.71; 178.75.
(69) 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.
(70) 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.
(71) ISO 11513:2019(E), Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene)--Design, construction, testing, use and periodic
inspection, Second edition, 2019-09; into Sec. Sec. 173.302c; 178.71;
180.207.
(72) ISO 11621(E), Gas cylinders--Procedures for change of gas
service, First edition, April 1997; into Sec. Sec. 173.302, 173.336,
173.337.
(73) ISO 11623(E), Transportable gas cylinders--Periodic inspection
and testing of composite gas cylinders, First edition, March 2002; into
Sec. 180.207.
(74) ISO 11623:2015 (E), Gas cylinders--Composite construction--
Periodic inspection and testing, Second edition, 2015-12-01; into Sec.
180.207.
(75) ISO 13340:2001(E), Transportable gas cylinders--Cylinder
valves for non-refillable cylinders--Specification and prototype
testing, First edition, 2004-04-01; into Sec. 178.71.
(76) ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method, Second Edition, 2008-09-15; into Sec. 173.120.
(77) ISO 14246:2014(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examination, Second Edition, 2014-06-15; into
Sec. 178.71.
(78) ISO 14246:2014/Amd 1:2017(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examinations--Amendment 1, Second Edition,
2017-06; into Sec. 178.71.
(79) 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.
(80) ISO 16111:2018(E), Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride, Second Edition, 2018-08; into
Sec. Sec. 173.301b; 173.311; 178.71.
(81) 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.
(82) ISO 17871:2015(E), Gas cylinders--Quick-release cylinder
valves--Specification and type testing, First Edition, 2015-08-15; into
Sec. 173.301b.
(83) ISO 17871:2020(E), Gas cylinders--Quick-release cylinder
valves--Specification and type testing, Second Edition, 2020-07; into
Sec. 173.301b.
(84) ISO 17879: 2017(E), Gas cylinders--Self-closing cylinder
valves--Specification and type testing, First Edition, 2017-07; into
Sec. Sec. 173.301b; 178.71.
(85) 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.
(86) ISO 20475:2018(E), Gas cylinders--Cylinder bundles--Periodic
inspection and testing, First Edition, 2018-02; into Sec. 180.207.
(87) ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing, First Edition, 2006-
05-01; into Sec. 178.71.
(88) 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 1,000 litres, First edition,
2015-04-01; into Sec. 178.71.
(89) ISO 21172-1:2015/Amd 1:2018(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 1,000 litres--
Amendment 1, First Edition, 2018-11-01; into Sec. 178.71.
(90) ISO 22434:2006(E), Transportable gas cylinders--Inspection and
maintenance of cylinder valves, First Edition, 2006-09-01; into Sec.
180.207.
(91) ISO 23088:2020, Gas cylinders--Periodic inspection and testing
of welded steel pressure drums--Capacities up to 1,000 l, First
Edition, 2020-02; into Sec. 180.207.
(92) ISO/TR 11364:2012(E), Gas cylinders--Compilation of national
and international valve stem/gas cylinder neck threads and their
identification and marking system, First Edition, 2012-12-01; into
Sec. 178.71.
* * * * *
(aa) * * *
(3) Test No. 439: In Vitro Skin Irritation: Reconstructed Human
Epidermis (RHE) Test Method, OECD Guidelines for the Testing of
Chemicals, 29 July 2015; into Sec. 173.137.
* * * * *
(dd) * * *
(1) UN Recommendations on the Transport of Dangerous Goods, Model
Regulations (UN Recommendations), 22nd revised edition, (2021); 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 as follows:
(i) Volume I, ST/SG/AC.10/1/Rev.22 (Vol. I).
(ii) Volume II, ST/SG/AC.10/1/Rev.22 (Vol. II).
(2) Manual of Tests and Criteria; 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 as follows:
(i) Seventh revised edition (2019).
(ii) Seventh revised edition, Amendment 1 (2021).
(3) Globally Harmonized System of Classification and Labelling of
Chemicals (GHS), 9th revised edition, ST/SG/AC.10/30/Rev.9 (2021); into
Sec. 172.401.
(4) Agreement concerning the International Carriage of Dangerous

[[Page 34602]]

Goods by Road (ADR), copyright 2020; into Sec. 171.23 as follows:
(i) Volume I, ECE/TRANS/300 (Vol. I).
(ii) Volume II, ECE/TRANS/300 (Vol. II).
(iii) Corrigendum, ECE/TRANS/300 (Corr. 1).
* * * * *
0
3. In Sec. 171.12, revise paragraph (a)(4)(iii) to read as follows:

Sec. 171.12 North American Shipments.

* * * * *
(a) * * *
(4) * * *
(iii) Authorized CRC, BTC, CTC or TC specification cylinders that
correspond with a DOT specification cylinder are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
DOT (some or all of these specifications may instead be CTC (some or all of these specifications may instead be
TC marked with the prefix ICC) marked with the prefix BTC or CRC)
--------------------------------------------------------------------------------------------------------------------------------------------------------
TC-3AM......................... DOT-3A [ICC-3]............................................. CTC-3A.
TC-3AAM........................ DOT-3AA.................................................... CTC-3AA
TC-3ANM........................ DOT-3BN.................................................... CTC-3BN.
TC-3EM......................... DOT-3E..................................................... CTC-3E.
TC-3HTM........................ DOT-3HT.................................................... CTC-3HT.
TC-3ALM........................ DOT-3AL.................................................... CTC-3AL.
DOT-3B..................................................... CTC-3B.
TC-3AXM........................ DOT-3AX.................................................... CTC-3AX.
TC-3AAXM....................... DOT-3AAX................................................... CTC-3AAX.
DOT-3A480X................................................. CTC-3A480X.
TC-3TM......................... DOT-3T..................................................... ..........................................................
TC-4AAM33...................... DOT-4AA480................................................. CTC-4AA480.
TC-4BM......................... DOT-4B..................................................... CTC-4B.
TC-4BM17ET..................... DOT-4B240ET................................................ CTC-4B240ET.
TC-4BAM........................ DOT-4BA.................................................... CTC-4BA.
TC-4BWM........................ DOT-4BW.................................................... CTC-4BW.
TC-4DM......................... DOT-4D..................................................... CTC-4D.
TC-4DAM........................ DOT-4DA.................................................... CTC-4DA.
TC-4DSM........................ DOT-4DS.................................................... CTC-4DS.
TC-4EM......................... DOT-4E..................................................... CTC-4E.
TC-39M......................... DOT-39..................................................... CTC-39.
TC-4LM......................... DOT-4L..................................................... CTC-4L.
TC-8WM......................... DOT-8...................................................... CTC-8.
TC8-WAM........................ DOT-8AL.................................................... CTC-8AL.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
0
4. In Sec. 171.23, revise paragraph (a)(3) 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 cylinders. Cylinders with a water capacity not
exceeding 150 L and 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
Agreement Concerning the International Carriage of Dangerous Goods by
Road (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:
(i) Filled cylinders imported for intermediate storage, transport
to point of use, discharge, and export without further filling; and
(ii) Cylinders imported or domestically sourced for the purpose of
filling, intermediate storage, and export.
(iii) The bill of lading or other shipping paper must identify the
cylinder and include the following certification: ``This cylinder
(These cylinders) conform(s) to the requirements for pi-marked
cylinders found in Sec. 171.23(a)(3).''
* * * * *
0
5. In Sec. 171.25:
0
a. Revise paragraphs (c)(3) and (4); and
0
b. Add paragraph (c)(5).
To read as follows:

Sec. 171.25 Conditions and requirements for bulk packagings.

* * * * *
(c) * * *
(3) Except as specified in this subpart, for a material poisonous
(toxic) by inhalation, the T Codes specified in Column 13 of the
Dangerous Goods List in the IMDG Code may be applied to the
transportation of those materials in IM, IMO, and DOT Specification 51
portable tanks, when these portable tanks are authorized in accordance
with the requirements of this subchapter;
(4) No person may offer an IM or UN portable tank containing liquid
hazardous materials of Class 3, PG I or II, or PG III with a flash
point less than 100 [deg]F (38 [deg]C); Division 5.1, PG I or II; or
Division 6.1, PG I or II, for unloading while it remains on a transport
vehicle with the motive power unit attached, unless it conforms to the
requirements in Sec. 177.834(o) of this subchapter; and
(5) No person may offer a UN fiber-reinforced plastic portable tank
meeting the provisions of Chapter 6.10 of the IMDG Code (IBR, see Sec.
171.7), except for transportation falling within the single port area
criteria in paragraph (d) of this section.
* * * * *

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.

[[Page 34603]]

0
7. In 172.101:
0
a. Revise paragraph (c)(12)(ii); and
0
b. In the Hazardous Materials Table, amend 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.

(c) * * *
(12) * * *
(ii) Generic or n.o.s. descriptions. If an appropriate technical
name is not shown in the Table, selection of a proper shipping name
shall be made from the generic or n.o.s. descriptions corresponding to
the specific hazard class, packing group, hazard zone, or subsidiary
hazard, if any, for the material. The name that most appropriately
describes the material shall be used, e.g., an alcohol not listed by
its technical name in the Table shall be described as ``Alcohol,
n.o.s.'' rather than ``Flammable liquid, n.o.s.'' Some mixtures may be
more appropriately described according to their application, such as
``Coating solution'' or ``Extracts, liquid, for flavor or aroma,''
rather than by an n.o.s. entry, such as ``Flammable liquid, n.o.s.'' It
should be noted, however, that an n.o.s. description as a proper
shipping name may not provide sufficient information for shipping
papers and package markings. Under the provisions of subparts C and D
of this part, the technical name of one or more constituents which
makes the product a hazardous material may be required in association
with the proper shipping name.
* * * * *
BILLING CODE 4910-60-P

[[Page 34604]]

[GRAPHIC] [TIFF OMITTED] TP30MY23.000

[[Page 34605]]

[GRAPHIC] [TIFF OMITTED] TP30MY23.001

[[Page 34606]]

[GRAPHIC] [TIFF OMITTED] TP30MY23.002

BILLING CODE 4910-60-C
* * * * *
0
8. In Sec. 172.102 paragraph (c)(1):
0
a. Revise special provisions 78, 156, 387;
0
b. Add special provisions 396, 398;
0
c. Remove and reserve special provision 421;
0
d. Add special provision 441;
0
e. Revise special provision A54 and;

[[Page 34607]]

0
f. Add special provisions A224, A225, IP15, IP22 in numerical order.
The additions and revisions read as follows:

Sec. 172.102 Special provisions.

* * * * *
(c) * * *
(1) * * *
78 Mixtures of nitrogen and oxygen containing not less than 19.5%
and not more than 23.5% oxygen by volume may be transported under this
entry when no other oxidizing gases are present. A Division 5.1
subsidiary hazard label is not required for any concentrations within
this limit. Compressed air containing greater than 23.5% oxygen by
volume must be shipped using the description ``Compressed gas,
oxidizing, n.o.s., UN3156.''
* * * * *
156 Asbestos that is immersed or fixed in a natural or artificial
binder material, such as cement, plastic, asphalt, resins, or mineral
ore, or contained in manufactured products, is not subject to the
requirements of this subchapter, except that when transported by air,
an indication of compliance with this special provision must be
provided by including the words ``not restricted'' on a shipping paper,
such as an air waybill accompanying the shipment.
* * * * *
387 When materials are stabilized by temperature control, the
provisions of Sec. 173.21(f) of this subchapter apply. When chemical
stabilization is employed, the person offering the material for
transport shall ensure that the level of stabilization is sufficient to
prevent the material as packaged from dangerous polymerization at 50
[deg]C (122 [deg]F). If chemical stabilization becomes ineffective at
lower temperatures within the anticipated duration of transport,
temperature control is required and is forbidden by aircraft. In making
this determination factors to be taken into consideration include, but
are not limited to, the capacity and geometry of the packaging and the
effect of any insulation present; the temperature of the material when
offered for transport; the duration of the journey and the ambient
temperature conditions typically encountered in the journey
(considering also the season of year); the effectiveness and other
properties of the stabilizer employed; applicable operational controls
imposed by regulation (e.g., requirements to protect from sources of
heat, including other cargo carried at a temperature above ambient);
and any other relevant factors.
* * * * *
396 Large and robust articles may be transported with connected gas
cylinders with the valves open regardless of Sec. 173.24(b)(1),
provided:
a. the gas cylinders contain nitrogen of UN 1066 or compressed gas
of UN 1956 or compressed air of UN1002;
b. the gas cylinders are connected to the article through pressure
regulators and fixed piping in such a way that the pressure of the gas
(gauge pressure) in the article does not exceed 35 kPa (0.35 bar);
c. the gas cylinders are properly secured so that they cannot shift
in relation to the article and are fitted with strong and pressure
resistant hoses and pipes;
d. the gas cylinders, pressure regulators, piping, and other
components are protected from damage and impacts during transport by
wooden crates or other suitable means;
e. the shipping paper must include the following statement:
``Transport in accordance with special provision 396.''; and
f. cargo transport units containing articles transported with
cylinders with open valves containing a gas presenting a risk of
asphyxiation are well ventilated.
* * * * *
398 This entry applies to 1-butylene, cis-2-butylene and trans-2-
butylene, and mixtures of butylenes. For isobutylene, see UN 1055.
* * * * *
421 [Reserved]
441 Mixtures of fluorine and nitrogen with a fluorine concentration
below 35% by volume may be filled in pressure receptacles up to a
maximum allowable working pressure for which the partial pressure of
fluorine does not exceed 31 bar (abs.).

Working pressure
(bar)<31/xf-1, in which xf = fluorine concentration in % by volume/100.

Mixtures of fluorine and inert gases with a fluorine concentration
below 35% by volume may be filled in pressure receptacles up to a
maximum allowable working pressure for which the partial pressure of
fluorine does not exceed 31 bar (abs.), additionally taking the
coefficient of nitrogen equivalency in accordance with ISO 10156:2017
into account when calculating the partial pressure.

Working pressure (bar)<31xf(xf+Kkxxk)-1, in which xf = fluorine
concentration in % by volume/100; Kk = coefficient of equivalency of an
inert gas relative to nitrogen (coefficient of nitrogen equivalency);
xk = inert gas concentration in % by volume/100;
Kk = coefficient of equivalency of an inert gas relative to nitrogen
(coefficient of nitrogen equivalency);
xk = inert gas concentration in % by volume/100.

However, the working pressure for mixtures of fluorine and inert
gases shall not exceed 200 bar. The minimum test pressure of pressure
receptacles for mixtures of fluorine and inert gases equals 1.5 times
the working pressure or 200 bar, with the greater value to be applied.
* * * * *
A54 Irrespective of the quantity limits in Column 9B of the Sec.
172.101 table, a lithium battery, including a lithium battery packed
with, or contained in, equipment that otherwise meets the applicable
requirements of Sec. 173.185, may have a mass exceeding 35 kg if
approved by the Associate Administrator prior to shipment in accordance
with this special provision must be noted on the shipping papers.
* * * * *
A224 UN3548, Articles containing miscellaneous dangerous goods,
n.o.s. may be transported on passenger and cargo aircraft, irrespective
of the indication of ``forbidden'' in Columns (9A) and (9B) of the
Hazardous Materials Table, provided: (a) the only dangerous good
contained in the article is an environmentally hazardous substance, or
lithium cells or batteries that comply with Sec. 173.185; (b) the
articles are packed in accordance with Sec. 173.232; and (c) reference
to Special Provision A224 is made on the shipping paper.
* * * * *
A225 UN3538, Articles containing non-flammable, non-toxic gas,
n.o.s. may be transported on passenger and cargo aircraft irrespective
of the indication of ``forbidden'' in Columns (9A) and (9B) of the
Hazardous Materials Table, provided: (a) the only dangerous good
contained in the article is a Division 2.2 gas without a subsidiary
hazard, but excluding refrigerated liquefied gases and gases forbidden
for transport on passenger aircraft, or lithium cells or batteries that
comply with Sec. 173.185; (b) the articles are packed in accordance
with Sec. 173.232 and limited to a maximum net quantity of gas of 75
kg by passenger aircraft and 150 kg by cargo aircraft; and (c)
reference to Special Provision A225 is made on the shipping paper.
* * * * *

[[Page 34608]]

IP15 For UN2031 with more than 55% nitric acid, the permitted use
of rigid plastic IBCs, and the inner receptacle of composite IBCs with
rigid plastics, shall be two years from their date of manufacture.
* * * * *
IP22 UN3550 may be transported in flexible IBCs (13H3 or 13H4) with
siftproof liners to prevent any egress of dust during transport.
* * * * *

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

0
9. 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
10. In Sec. 173.4b, revise paragraph (b)(1) to read as follows:

Sec. 173.4b De minimis exceptions.

* * * * *
(b) * * *
(1) The specimens are:
(i) Wrapped in a paper towel or cheesecloth moistened with alcohol,
an alcohol solution, or a formaldehyde solution and placed in a plastic
bag that is heat-sealed. Any free liquid in the bag must not exceed 30
mL; or
(ii) Placed in vials or other rigid containers with no more than 30
mL of alcohol, an alcohol solution, or a formaldehyde solution. The
containers are placed in a plastic bag that is heat-sealed;
* * * * *
0
11. In Sec. 173.21 revise paragraphs (f) introductory text, (f)(1),
and (f)(2) to read as follows:

Sec. 173.21 Forbidden materials and packages.

* * * * *
(f) A package containing a material which is likely to decompose
with a self-accelerated decomposition temperature (SADT) or polymerize
with a self-accelerated polymerization temperature (SAPT) of 50 [deg]C
(122 [deg]F) or less, or 45 [deg]C (113 [deg]F) or less when offered
for transportation in portable tanks, with an evolution of a dangerous
quantity of heat or gas when decomposing or polymerizing, unless the
material is stabilized or inhibited in a manner to preclude such
evolution. For organic peroxides see paragraph (f)(2) of this section.
The SADT and SAPT may be determined by any of the test methods
described in Part II of the UN Manual of Tests and Criteria (IBR, see
Sec. 171.7 of this subchapter).
(1) A package meeting the criteria of paragraph (f) of this section
may be required to be shipped under controlled temperature conditions.
The control temperature and emergency temperature for a package shall
be as specified in Table 1 in this paragraph based upon the SADT or
SAPT of the material. The control temperature is the temperature above
which a package of the material may not be offered for transportation
or transported. The emergency temperature is the temperature at which,
due to imminent danger, emergency measures must be initiated.

Table 1 to Paragraph (f)(1)--Derivation of Control and Emergency Temperature
----------------------------------------------------------------------------------------------------------------
Type of receptacle SADT/SAPT \1\ Control temperatures Emergency temperature
----------------------------------------------------------------------------------------------------------------
Single packagings and IBCs........... SADT/SAPT <=20 [deg]C 20 [deg]C (36 [deg]F) 10 [deg]C (18 [deg]F)
(68 [deg]F). below SADT/SAPT. below SADT/SAPT.
Single packagings and IBCs........... 20 [deg]C (68 [deg]F) 15 [deg]C (27 [deg]F) 10 [deg]C (18 [deg]F)
=88 + <=12 OP8 -10 0 .........
Diisopropylperoxydicarbonate.....................
2,5-Dimethoxy-4-(4- 3236 79 OP7 + 40 + 45 .........
methylphenylsulphony)benzenediazonium zinc
chloride.........................................
4-Dimethylamino-6-(2-dimethylaminoethoxy)toluene-2- 3236 100 OP7 + 40 + 45 .........
diazonium zinc chloride..........................
4-(Dimethylamino)-benzenediazonium 3228 100 OP8 ..................... .............. .........
trichlorozincate (-1)............................
N,N'-Dinitroso-N, N'-dimethyl-terephthalamide, as 3224 72 OP6 ..................... .............. .........
a paste..........................................
N,N'-Dinitrosopentamethylenetetramine............. 3224 82 OP6 ..................... .............. 2
Diphenyloxide-4,4'-disulphohydrazide.............. 3226 100 OP7 ..................... .............. .........
Diphenyloxide-4,4'-disulphonylhydrazide........... 3226 100 OP7 ..................... .............. .........
4-Dipropylaminobenzenediazonium zinc chloride..... 3226 100 OP7 ..................... .............. .........
2-(N,N-Ethoxycarbonylphenylamino)-3-methoxy-4-(N- 3236 63-92 OP7 + 40 + 45 .........
methyl-N- cyclohexylamino)benzenediazonium zinc
chloride.........................................
2-(N,N-Ethoxycarbonylphenylamino)-3-methoxy-4-(N- 3236 62 OP7 + 35 + 40 .........
methyl-N- cyclohexylamino)benzenediazonium zinc
chloride.........................................
N-Formyl-2-(nitromethylene)-1,3-perhydrothiazine.. 3236 100 OP7 + 45 + 50 .........
2-(2-Hydroxyethoxy)-1-(pyrrolidin-1-yl)benzene-4- 3236 100 OP7 + 45 + 50 .........
diazonium zinc chloride..........................
3-(2-Hydroxyethoxy)-4-(pyrrolidin-1- 3236 100 OP7 + 40 + 45 .........
yl)benzenediazonium zinc chloride................

[[Page 34613]]

7-Methoxy-5-methyl-benzothiophen-2-yl boronic 3230 88-100 .............. ..................... .............. 6
acid''...........................................
2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-dimethyl- 3236 96 OP7 + 45 + 50 .........
phenylsulphonyl) benzenediazonium hydrogen
sulphate.........................................
4-Methylbenzenesulphonylhydrazide................. 3226 100 OP7 ..................... .............. .........
3-Methyl-4-(pyrrolidin-1-yl)benzenediazonium 3234 95 OP6 + 45 + 50 .........
tetrafluoroborate................................
4-Nitrosophenol................................... 3236 100 OP7 + 35 + 40 .........
Phosphorothioic acid, O-[(cyanophenyl methylene) 3227 82-91 OP8 ..................... .............. 5
azanyl] O,O-diethyl ester........................ (Z isomer)
Self-reactive liquid, sample...................... 3223 .................. OP2 ..................... .............. 3
Self-reactive liquid, sample, temperature control. 3233 .................. OP2 ..................... .............. 3
Self-reactive solid, sample....................... 3224 .................. OP2 ..................... .............. 3
Self-reactive solid, sample, temperature control.. 3234 .................. OP2 ..................... .............. 3
Sodium 2-diazo-1-naphthol-4-sulphonate............ 3226 100 OP7 ..................... .............. .........
Sodium 2-diazo-1-naphthol-5-sulphonate............ 3226 100 OP7 ..................... .............. .........
Tetramine palladium (II) nitrate.................. 3234 100 OP6 + 30 + 35 .........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: 1. The emergency and control temperatures must be determined in accordance with Sec. 173.21(f).
2. With a compatible diluent having a boiling point of not less than 150 [deg]C.
3. Samples may only be offered for transportation under the provisions of paragraph (c)(3) of this section.
4. This entry applies to mixtures of esters of 2-diazo-1-naphthol-4-sulphonic acid and 2-diazo-1-naphthol-5-sulphonic acid.

5. This entry applies to the technical mixture in n-butanol within
the specified concentration limits of the (Z) isomer.
6. The technical compound with the specified concentration limits
may contain up to 12% water and up to 1% organic impurities.
* * * * *
0
18. In Sec. 173.225:
0
a. Revise table 1 to paragraph (c);
0
b. Designate the tables immediately following paragraph (d) and
immediately following paragraph (g) as table 2 to paragraph (d) and
table 4 to paragraph (g), respectively; and
0
c. Revise newly-designated table 4 to paragraph (g).

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

* * * * *
(c) * * *

Table 1 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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acetyl acetone peroxide........ UN3105 <=42 >=48 ........ ........ >=8 OP7 ........ ........... 2
Acetyl acetone peroxide........ UN3107 <=35 ........ ........ ........ >=8 OP8 ........ ........... 32
Acetyl acetone peroxide [as a UN3106 <=32 ........ ........ ........ ......... OP7 ........ ........... 21
paste].
Acetyl cyclohexanesulfonyl UN3112 <=82 ........ ........ ........ >=12 OP4 -10 0 ........
peroxide.
Acetyl cyclohexanesulfonyl UN3115 <=32 ........ >=68 ........ ......... OP7 -10 0 ........
peroxide.
tert-Amyl hydroperoxide........ UN3107 <=88 >=6 ........ ........ >=6 OP8 ........ ........... ........
tert-Amyl peroxyacetate........ UN3105 <=62 >=38 ........ ........ ......... OP7 ........ ........... ........
tert-Amyl peroxybenzoate....... UN3103 <=100 ........ ........ ........ ......... OP5 ........ ........... ........
tert-Amyl peroxy-2- UN3115 <=100 ........ ........ ........ ......... OP7 20 25 ........
ethylhexanoate.
tert-Amyl peroxy-2-ethylhexyl UN3105 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
carbonate.
tert-Amyl peroxy isopropyl UN3103 <=77 >=23 ........ ........ ......... OP5 ........ ........... ........
carbonate.
tert-Amyl peroxyneodecanoate... UN3115 <=77 ........ >=23 ........ ......... OP7 0 10 ........
tert-Amyl peroxyneodecanoate... UN3119 <=47 >=53 ........ ........ ......... OP8 0 10 ........
tert-Amyl peroxypivalate....... UN3113 <=77 ........ >=23 ........ ......... OP5 10 15 ........
tert-Amyl peroxypivalate....... UN3119 <=32 >=68 ........ ........ ......... OP8 10 15 ........
tert-Amyl peroxy-3,5,5- UN3105 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
trimethylhexanoate.
tert-Butyl cumyl peroxide...... UN3109 >42-100 ........ ........ ........ ......... OP8 ........ ........... 9
tert-Butyl cumyl peroxide...... UN3108 <=52 ........ ........ >=48 ......... OP8 ........ ........... 9
n-Butyl-4,4-di-(tert- UN3103 >52-100 ........ ........ ........ ......... OP5 ........ ........... ........
butylperoxy)valerate.
n-Butyl-4,4-di-(tert- UN3108 <=52 ........ ........ >=48 ......... OP8 ........ ........... ........
butylperoxy)valerate.
tert-Butyl hydroperoxide....... UN3103 >79-90 ........ ........ ........ >=10 OP5 ........ ........... 13
tert-Butyl hydroperoxide....... UN3105 <=80 >=20 ........ ........ ......... OP7 ........ ........... 4, 13
tert-Butyl hydroperoxide....... UN3107 <=79 ........ ........ ........ >14 OP8 ........ ........... 13, 16
tert-Butyl hydroperoxide....... UN3109 <=72 ........ ........ ........ >=28 OP8 ........ ........... 13

[[Page 34614]]

tert-Butyl hydroperoxide [and] UN3103 <82 + >9 ........ ........ ........ >=7 OP5 ........ ........... 13
Di-tert-butylperoxide.
tert-Butyl monoperoxymaleate... UN3102 >52-100 ........ ........ ........ ......... OP5 ........ ........... ........
tert-Butyl monoperoxymaleate... UN3103 <=52 >=48 ........ ........ ......... OP6 ........ ........... ........
tert-Butyl monoperoxymaleate... UN3108 <=52 ........ ........ >=48 ......... OP8 ........ ........... ........
tert-Butyl monoperoxymaleate UN3108 <=52 ........ ........ ........ ......... OP8 ........ ........... ........
[as a paste].
tert-Butyl peroxyacetate....... UN3101 >52-77 >=23 ........ ........ ......... OP5 ........ ........... ........
tert-Butyl peroxyacetate....... UN3103 >32-52 >=48 ........ ........ ......... OP6 ........ ........... ........
tert-Butyl peroxyacetate....... UN3109 <=32 ........ >=68 ........ ......... OP8 ........ ........... ........
tert-Butyl peroxybenzoate...... UN3103 >77-100 ........ ........ ........ ......... OP5 ........ ........... ........
tert-Butyl peroxybenzoate...... UN3105 >52-77 >=23 ........ ........ ......... OP7 ........ ........... 1
tert-Butyl peroxybenzoate...... UN3106 <=52 ........ ........ >=48 ......... OP7 ........ ........... ........
tert-Butyl peroxybenzoate...... UN3109 <=32 >=68 ........ ........ ......... OP8 ........ ........... ........
tert-Butyl peroxybutyl fumarate UN3105 <=52 >=48 ........ ........ ......... OP7 ........ ........... ........
tert-Butyl peroxycrotonate..... UN3105 <=77 >=23 ........ ........ ......... OP7 ........ ........... ........
tert-Butyl peroxydiethylacetate UN3113 <=100 ........ ........ ........ ......... OP5 20 25 ........
tert-Butyl peroxy-2- UN3113 >52-100 ........ ........ ........ ......... OP6 20 25 ........
ethylhexanoate.
tert-Butyl peroxy-2- UN3117 >32-52 ........ >=48 ........ ......... OP8 30 35 ........
ethylhexanoate.
tert-Butyl peroxy-2- UN3118 <=52 ........ ........ >=48 ......... OP8 20 25 ........
ethylhexanoate.
tert-Butyl peroxy-2- UN3119 <=32 ........ >=68 ........ ......... OP8 40 45 ........
ethylhexanoate.
tert-Butyl peroxy-2- UN3106 <=12 + <=14 >=14 ........ >=60 ......... OP7 ........ ........... ........
ethylhexanoate [and] 2,2-di-
(tert-Butylperoxy)butane.
tert-Butyl peroxy-2- UN3115 <=31 + <=36 ........ >=33 ........ ......... OP7 35 40 ........
ethylhexanoate [and] 2,2-di-
(tert-Butylperoxy)butane.
tert-Butyl peroxy-2- UN3105 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
ethylhexylcarbonate.
tert-Butyl peroxyisobutyrate... UN3111 >52-77 ........ >=23 ........ ......... OP5 15 20 ........
tert-Butyl peroxyisobutyrate... UN3115 <=52 ........ >=48 ........ ......... OP7 15 20 ........
tert-Butylperoxy UN3103 <=77 >=23 ........ ........ ......... OP5 ........ ........... ........
isopropylcarbonate.
tert-Butylperoxy UN3105 <=62 ........ >= 38 ........ ......... OP7 ........ ........... ........
isopropylcarbonate.
1-(2-tert-Butylperoxy UN3105 <=77 >=23 ........ ........ ......... OP7 ........ ........... ........
isopropyl)-3-
isopropenylbenzene.
1-(2-tert-Butylperoxy UN3108 <=42 ........ ........ >=58 ......... OP8 ........ ........... ........
isopropyl)-3-
isopropenylbenzene.
tert-Butyl peroxy-2- UN3103 <=100 ........ ........ ........ ......... OP5 ........ ........... ........
methylbenzoate.
tert-Butyl peroxyneodecanoate.. UN3115 >77-100 ........ ........ ........ ......... OP7 -5 5 ........
tert-Butyl peroxyneodecanoate.. UN3115 <=77 ........ >=23 ........ ......... OP7 0 10 ........
tert-Butyl peroxyneodecanoate UN3119 <=52 ........ ........ ........ ......... OP8 0 10 ........
[as a stable dispersion in
water].
tert-Butyl peroxyneodecanoate UN3118 <=42 ........ ........ ........ ......... OP8 0 10 ........
[as a stable dispersion in
water (frozen)].
tert-Butyl peroxyneodecanoate.. UN3119 <=32 >=68 ........ ........ ......... OP8 0 10 ........
tert-Butyl peroxyneoheptanoate. UN3115 <=77 >=23 ........ ........ ......... OP7 0 10 ........
tert-Butyl peroxyneoheptanoate UN3117 <=42 ........ ........ ........ ......... OP8 0 10 ........
[as a stable dispersion in
water].
tert-Butyl peroxypivalate...... UN3113 >67-77 >=23 ........ ........ ......... OP5 0 10 ........
tert-Butyl peroxypivalate...... UN3115 >27-67 ........ >=33 ........ ......... OP7 0 10 ........
tert-Butyl peroxypivalate...... UN3119 <=27 ........ >=73 ........ ......... OP8 30 35 ........
tert-Butylperoxy UN3106 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
stearylcarbonate.
tert-Butyl peroxy-3,5,5- UN3105 >37-100 ........ ........ ........ ......... OP7 ........ ........... ........
trimethylhexanoate.
tert-Butyl peroxy-3,5,5- UN3106 <=42 ........ ........ >=58 ......... OP7 ........ ........... ........
trimethlyhexanoate.
tert-Butyl peroxy-3,5,5- UN3109 <=37 ........ >=63 ........ ......... OP8 ........ ........... ........
trimethylhexanoate.
3-Chloroperoxybenzoic acid..... UN3102 >57-86 ........ ........ >=14 ......... OP1 ........ ........... ........
3-Chloroperoxybenzoic acid..... UN3106 <=57 ........ ........ >=3 >=40 OP7 ........ ........... ........
3-Chloroperoxybenzoic acid..... UN3106 <=77 ........ ........ >=6 >=17 OP7 ........ ........... ........
Cumyl hydroperoxide............ UN3107 >90-98 <=10 ........ ........ ......... OP8 ........ ........... 13
Cumyl hydroperoxide............ UN3109 <=90 >=10 ........ ........ ......... OP8 ........ ........... 13, 15
Cumyl peroxyneodecanoate....... UN3115 <=87 >=13 ........ ........ ......... OP7 -10 0 ........
Cumyl peroxyneodecanoate....... UN3115 <=77 ........ >=23 ........ ......... OP7 -10 0 ........
Cumyl peroxyneodecanoate [as a UN3119 <=52 ........ ........ ........ ......... OP8 -10 0 ........
stable dispersion in water].
Cumyl peroxyneoheptanoate...... UN3115 <=77 >=23 ........ ........ ......... OP7 -10 0 ........
Cumyl peroxypivalate........... UN3115 <=77 ........ >=23 ........ ......... OP7 -5 5 ........
Cyclohexanone peroxide(s)...... UN3104 <=91 ........ ........ ........ >=9 OP6 ........ ........... 13
Cyclohexanone peroxide(s)...... UN3105 <=72 >=28 ........ ........ ......... OP7 ........ ........... 5
Cyclohexanone peroxide(s) [as a UN3106 <=72 ........ ........ ........ ......... OP7 ........ ........... 5, 21
paste].
Cyclohexanone peroxide(s)...... Exempt <=32 ........ >68 ........ ......... Exempt ........ ........... 29
Diacetone alcohol peroxides.... UN3115 <=57 ........ >=26 ........ >=8 OP7 40 45 5
Diacetyl peroxide.............. UN3115 <=27 ........ >=73 ........ ......... OP7 20 25 8,13
Di-tert-amyl peroxide.......... UN3107 <=100 ........ ........ ........ ......... OP8 ........ ........... ........
([3R- (3R, 5aS, 6S, 8aS, 9R, UN3106 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
10R, 12S, 12aR**)]-Decahydro-
10-methoxy-3, 6, 9-trimethyl-
3, 12-epoxy-12H-pyrano [4, 3-
j]-1, 2-benzodioxepin).
2,2-Di-(tert-amylperoxy)-butane UN3105 <=57 >=43 ........ ........ ......... OP7 ........ ........... ........

[[Page 34615]]

1,1-Di-(tert- UN3103 <=82 >=18 ........ ........ ......... OP6 ........ ........... ........
amylperoxy)cyclohexane.
Dibenzoyl peroxide............. UN3102 >52-100 ........ ........ <=48 ......... OP2 ........ ........... 3
Dibenzoyl peroxide............. UN3102 >77-94 ........ ........ ........ >=6 OP4 ........ ........... 3
Dibenzoyl peroxide............. UN3104 <=77 ........ ........ ........ >=23 OP6 ........ ........... ........
Dibenzoyl peroxide............. UN3106 <=62 ........ ........ >=28 >=10 OP7 ........ ........... ........
Dibenzoyl peroxide [as a paste] UN3106 >52-62 ........ ........ ........ ......... OP7 ........ ........... 21
Dibenzoyl peroxide............. UN3106 >35-52 ........ ........ >=48 ......... OP7 ........ ........... ........
Dibenzoyl peroxide............. UN3107 >36-42 >=18 ........ ........ <=40 OP8 ........ ........... ........
Dibenzoyl peroxide [as a paste] UN3108 <=56.5 ........ ........ ........ >=15 OP8 ........ ........... ........
Dibenzoyl peroxide [as a paste] UN3108 <=52 ........ ........ ........ ......... OP8 ........ ........... 21
Dibenzoyl peroxide [as a stable UN3109 <=42 ........ ........ ........ ......... OP8 ........ ........... ........
dispersion in water].
Dibenzoyl peroxide............. Exempt <=35 ........ ........ >=65 ......... Exempt ........ ........... 29
Di-(4-tert- UN3114 <=100 ........ ........ ........ ......... OP6 30 35 ........
butylcyclohexyl)peroxydicarbon
ate.
Di-(4-tert- UN3119 <=42 ........ ........ ........ ......... OP8 30 35 ........
butylcyclohexyl)peroxydicarbon
ate [as a stable dispersion in
water].
Di-(4-tert- UN3118 <=42 ........ ........ ........ ......... OP8 35 40 ........
butylcyclohexyl)peroxydicarbon
ate [as a paste].
Di-tert-butyl peroxide......... UN3107 >52-100 ........ ........ ........ ......... OP8 ........ ........... ........
Di-tert-butyl peroxide......... UN3109 <=52 ........ >=48 ........ ......... OP8 ........ ........... 24
Di-tert-butyl peroxyazelate.... UN3105 <=52 >=48 ........ ........ ......... OP7 ........ ........... ........
2,2-Di-(tert-butylperoxy)butane UN3103 <=52 >=48 ........ ........ ......... OP6 ........ ........... ........
1,6-Di-(tert- UN3103 <=72 >=28 ........ ........ ......... OP5 ........ ........... ........
butylperoxycarbonyloxy)hexane.
1,1-Di-(tert- UN3101 >80-100 ........ ........ ........ ......... OP5 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3103 >52-80 >=20 ........ ........ ......... OP5 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert-butylperoxy)- UN3103 <=72 ........ >=28 ........ ......... OP5 ........ ........... 30
cyclohexane.
1,1-Di-(tert- UN3105 >42-52 >=48 ........ ........ ......... OP7 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3106 <=42 >=13 ........ >=45 ......... OP7 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3107 <=27 >=25 ........ ........ ......... OP8 ........ ........... 22
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3109 <=42 >=58 ........ ........ ......... OP8 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3109 <=37 >=63 ........ ........ ......... OP8 ........ ........... ........
Butylperoxy)cyclohexane.
1,1-Di-(tert- UN3109 <=25 >=25 >=50 ........ ......... OP8 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3109 <=13 >=13 >=74 ........ ......... OP8 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3105 <=43+<=16 >=41 ........ ........ ......... OP7 ........ ........... ........
butylperoxy)cyclohexane + tert-
Butyl peroxy-2-ethylhexanoate.
Di-n-butyl peroxydicarbonate... UN3115 >27-52 ........ >=48 ........ ......... OP7 -15 -5 ........
Di-n-butyl peroxydicarbonate... UN3117 <=27 ........ >=73 ........ ......... OP8 -10 0 ........
Di-n-butyl peroxydicarbonate UN3118 <=42 ........ ........ ........ ......... OP8 -15 -5 ........
[as a stable dispersion in
water (frozen)].
Di-sec-butyl peroxydicarbonate. UN3113 >52-100 ........ ........ ........ ......... OP4 -20 -10 6
Di-sec-butyl peroxydicarbonate. UN3115 <=52 ........ >=48 ........ ......... OP7 -15 -5 ........
Di-(tert-butylperoxyisopropyl) UN3106 >42-100 ........ ........ <=57 ......... OP7 ........ ........... 1, 9
benzene(s).
Di-(tert-butylperoxyisopropyl) Exempt <=42 ........ ........ >=58 ......... Exempt ........ ........... ........
benzene(s).
Di-(tert-butylperoxy)phthalate. UN3105 >42-52 >=48 ........ ........ ......... OP7 ........ ........... ........
Di-(tert-butylperoxy)phthalate UN3106 <=52 ........ ........ ........ ......... OP7 ........ ........... 21
[as a paste].
Di-(tert-butylperoxy)phthalate. UN3107 <=42 >=58 ........ ........ ......... OP8 ........ ........... ........
2,2-Di-(tert- UN3105 <=52 >=48 ........ ........ ......... OP7 ........ ........... ........
butylperoxy)propane.
2,2-Di-(tert- UN3106 <=42 >=13 ........ >=45 ......... OP7 ........ ........... ........
butylperoxy)propane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3101 >90-100 ........ ........ ........ ......... OP5 ........ ........... ........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3103 >57-90 >=10 ........ ........ ......... OP5 ........ ........... ........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3103 <=77 ........ >=23 ........ ......... OP5 ........ ........... ........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3103 <=90 ........ >=10 ........ ......... OP5 ........ ........... 30
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3110 <=57 ........ ........ >=43 ......... OP8 ........ ........... ........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3107 <=57 >=43 ........ ........ ......... OP8 ........ ........... ........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3107 <=32 >=26 >=42 ........ ......... OP8 ........ ........... ........
trimethylcyclohexane.
Dicetyl peroxydicarbonate...... UN3120 <=100 ........ ........ ........ ......... OP8 30 35 ........
Dicetyl peroxydicarbonate [as a UN3119 <=42 ........ ........ ........ ......... OP8 30 35 ........
stable dispersion in water].
Di-4-chlorobenzoyl peroxide.... UN3102 <=77 ........ ........ ........ >=23 OP5 ........ ........... ........
Di-4-chlorobenzoyl peroxide.... Exempt <=32 ........ ........ >=68 ......... Exempt ........ ........... 29
Di-2,4-dichlorobenzoyl peroxide UN3118 <=52 ........ ........ ........ ......... OP8 20 25 ........
[as a paste].
Di-4-chlorobenzoyl peroxide [as UN3106 <=52 ........ ........ ........ ......... OP7 ........ ........... 21
a paste].
Dicumyl peroxide............... UN3110 >52-100 ........ ........ <=48 ......... OP8 ........ ........... 9

[[Page 34616]]

Dicumyl peroxide............... Exempt <=52 ........ ........ >=48 ......... Exempt ........ ........... 29
Dicyclohexyl peroxydicarbonate. UN3112 >91-100 ........ ........ ........ ......... OP3 10 15 ........
Dicyclohexyl peroxydicarbonate. UN3114 <=91 ........ ........ ........ >=9 OP5 10 15 ........
Dicyclohexyl peroxydicarbonate UN3119 <=42 ........ ........ ........ ......... OP8 15 20 ........
[as a stable dispersion in
water].
Didecanoyl peroxide............ UN3114 <=100 ........ ........ ........ ......... OP6 30 35 ........
2,2-Di-(4,4-di(tert- UN3106 <=42 ........ ........ >=58 ......... OP7 ........ ........... ........
butylperoxy)cyclohexyl)propane.
2,2-Di-(4,4-di(tert- UN3107 <=22 ........ >=78 ........ ......... OP8 ........ ........... ........
butylperoxy)cyclohexyl)propane.
Di-2,4-dichlorobenzoyl peroxide UN3102 <=77 ........ ........ ........ >=23 OP5 ........ ........... ........
Di-2,4-dichlorobenzoyl peroxide UN3106 <=52 ........ ........ ........ ......... OP7 ........ ........... ........
[as a paste with silicone oil].
Di-(2-ethoxyethyl) UN3115 <=52 ........ >=48 ........ ......... OP7 -10 0 ........
peroxydicarbonate.
Di-(2-ethylhexyl) UN3113 >77-100 ........ ........ ........ ......... OP5 -20 -10 ........
peroxydicarbonate.
Di-(2-ethylhexyl) UN3115 <=77 ........ >=23 ........ ......... OP7 -15 -5 ........
peroxydicarbonate.
Di-(2-ethylhexyl) UN3119 <=62 ........ ........ ........ ......... OP8 -15 -5 ........
peroxydicarbonate [as a stable
dispersion in water].
Di-(2-ethylhexyl) UN3119 <=52 ........ ........ ........ ......... OP8 -15 -5 ........
peroxydicarbonate [as a stable
dispersion in water].
Di-(2-ethylhexyl) UN3120 <=52 ........ ........ ........ ......... OP8 -15 -5 ........
peroxydicarbonate [as a stable
dispersion in water (frozen)].
2,2-Dihydroperoxypropane....... UN3102 <=27 ........ ........ >=73 ......... OP5 ........ ........... ........
Di-(1- UN3106 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
hydroxycyclohexyl)peroxide.
Diisobutyryl peroxide.......... UN3111 >32-52 ........ >=48 ........ ......... OP5 -20 -10 ........
Diisobutyryl peroxide [as a UN3119 <=42 ........ ........ ........ ......... OP8 -20 -10 ........
stable dispersion in water].
Diisobutyryl peroxide.......... UN3115 <=32 ........ >=68 ........ ......... OP7 -20 -10 ........
Diisopropylbenzene UN3106 <=82 >=5 ........ ........ >=5 OP7 ........ ........... 17
dihydroperoxide.
Diisopropyl peroxydicarbonate.. UN3112 >52-100 ........ ........ ........ ......... OP2 -15 -5 ........
Diisopropyl peroxydicarbonate.. UN3115 <=52 ........ >=48 ........ ......... OP7 -20 -10 ........
Diisopropyl peroxydicarbonate.. UN3115 <=32 >=68 ........ ........ ......... OP7 -15 -5 ........
Dilauroyl peroxide............. UN3106 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
Dilauroyl peroxide [as a stable UN3109 <=42 ........ ........ ........ ......... OP8 ........ ........... ........
dispersion in water].
Di-(3-methoxybutyl) UN3115 <=52 ........ >=48 ........ ......... OP7 -5 5 ........
peroxydicarbonate.
Di-(2-methylbenzoyl)peroxide... UN3112 <=87 ........ ........ ........ >=13 OP5 30 35 ........
Di-(4-methylbenzoyl)peroxide UN3106 <=52 ........ ........ ........ ......... OP7 ........ ........... ........
[as a paste with silicone oil].
Di-(3-methylbenzoyl) peroxide + UN3115 <=20 + <=18 + ........ >=58 ........ ......... OP7 35 40 ........
Benzoyl (3-methylbenzoyl) <=4
peroxide + Dibenzoyl peroxide.
2,5-Dimethyl-2,5-di- UN3102 >82-100 ........ ........ ........ ......... OP5 ........ ........... ........
(benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di- UN3106 <=82 ........ ........ >=18 ......... OP7 ........ ........... ........
(benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di- UN3104 <=82 ........ ........ ........ >=18 OP5 ........ ........... ........
(benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3103 >90-100 ........ ........ ........ ......... OP5 ........ ........... ........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3105 >52-90 >=10 ........ ........ ......... OP7 ........ ........... ........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3108 <=77 ........ ........ >=23 ......... OP8 ........ ........... ........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3109 <=52 >=48 ........ ........ ......... OP8 ........ ........... ........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3108 <=47 ........ ........ ........ ......... OP8 ........ ........... ........
butylperoxy)hexane [as a
paste].
2,5-Dimethyl-2,5-di-(tert- UN3101 >86-100 ........ ........ ........ ......... OP5 ........ ........... ........
butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(tert- UN3103 >52-86 >=14 ........ ........ ......... OP5 ........ ........... ........
butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(tert- UN3106 <=52 ........ ........ >=48 ......... OP7 ........ ........... ........
butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(2- UN3113 <=100 ........ ........ ........ ......... OP5 20 25 ........
ethylhexanoylperoxy)hexane.
2,5-Dimethyl-2,5- UN3104 <=82 ........ ........ ........ >=18 OP6 ........ ........... ........
dihydroperoxyhexane.
2,5-Dimethyl-2,5-di-(3,5,5- UN3105 <=77 >=23 ........ ........ ......... OP7 ........ ........... ........
trimethylhexanoylperoxy)hexane.
1,1-Dimethyl-3- UN3117 <=52 >=48 ........ ........ ......... OP8 0 10 ........
hydroxybutylperoxyneoheptanoat
e.
Dimyristyl peroxydicarbonate... UN3116 <=100 ........ ........ ........ ......... OP7 20 25 ........
Dimyristyl peroxydicarbonate UN3119 <=42 ........ ........ ........ ......... OP8 20 25 ........
[as a stable dispersion in
water].
Di-(2- UN3115 <=52 >=48 ........ ........ ......... OP7 -10 0 ........
neodecanoylperoxyisopropyl)ben
zene.

[[Page 34617]]

Di-(2-neodecanoyl- UN3119 <=42 ........ ........ ........ ......... OP8 -15 -5 ........
peroxyisopropyl) benzene, as
stable dispersion in water.
Di-n-nonanoyl peroxide......... UN3116 <=100 ........ ........ ........ ......... OP7 0 10 ........
Di-n-octanoyl peroxide......... UN3114 <=100 ........ ........ ........ ......... OP5 10 15 ........
Di-(2- UN3102 >85-100 ........ ........ ........ ......... OP5 ........ ........... ........
phenoxyethyl)peroxydicarbonate.
Di-(2- UN3106 <=85 ........ ........ ........ >=15 OP7 ........ ........... ........
phenoxyethyl)peroxydicarbonate.
Dipropionyl peroxide........... UN3117 <=27 ........ >=73 ........ ......... OP8 15 20 ........
Di-n-propyl peroxydicarbonate.. UN3113 <=100 ........ ........ ........ ......... OP3 -25 -15 ........
Di-n-propyl peroxydicarbonate.. UN3113 <=77 ........ >=23 ........ ......... OP5 -20 -10 ........
Disuccinic acid peroxide....... UN3102 >72-100 ........ ........ ........ ......... OP4 ........ ........... 18
Disuccinic acid peroxide....... UN3116 <=72 ........ ........ ........ >=28 OP7 10 15 ........
Di-(3,5,5-trimethylhexanoyl) UN3115 >52-82 >=18 ........ ........ ......... OP7 0 10 ........
peroxide.
Di-(3,5,5- UN3119 <=52 ........ ........ ........ ......... OP8 10 15 ........
trimethylhexanoyl)peroxide [as
a stable dispersion in water].
Di-(3,5,5-trimethylhexanoyl) UN3119 >38-52 >=48 ........ ........ ......... OP8 10 15 ........
peroxide.
Di-(3,5,5- UN3119 <=38 >=62 ........ ........ ......... OP8 20 25 ........
trimethylhexanoyl)peroxide.
Ethyl 3,3-di-(tert- UN3105 <=67 >=33 ........ ........ ......... OP7 ........ ........... ........
amylperoxy)butyrate.
Ethyl 3,3-di-(tert- UN3103 >77-100 ........ ........ ........ ......... OP5 ........ ........... ........
butylperoxy)butyrate.
Ethyl 3,3-di-(tert- UN3105 <=77 >=23 ........ ........ ......... OP7 ........ ........... ........
butylperoxy)butyrate.
Ethyl 3,3-di-(tert- UN3106 <=52 ........ ........ >=48 ......... OP7 ........ ........... ........
butylperoxy)butyrate.
1-(2-ethylhexanoylperoxy)-1,3- UN3115 <=52 >=45 >=10 ........ ......... OP7 -20 -10 ........
Dimethylbutyl peroxypivalate.
tert-Hexyl peroxyneodecanoate.. UN3115 <=71 >=29 ........ ........ ......... OP7 0 10 ........
tert-Hexyl peroxypivalate...... UN3115 <=72 ........ >=28 ........ ......... OP7 10 15 ........
tert-Hexyl peroxypivalate...... UN3117 <=52 as a ........ ........ ........ ......... OP8 +15 +20 ........
stable
dispersion in
water
3-Hydroxy-1,1-dimethylbutyl UN3115 <=77 >=23 ........ ........ ......... OP7 -5 5 ........
peroxyneodecanoate.
3-Hydroxy-1,1-dimethylbutyl UN3119 <=52 ........ ........ ........ ......... OP8 -5 5 ........
peroxyneodecanoate [as a
stable dispersion in water].
3-Hydroxy-1,1-dimethylbutyl UN3117 <=52 >=48 ........ ........ ......... OP8 -5 5 ........
peroxyneodecanoate.
Isopropyl sec-butyl UN3111 <=52 + <=28 + ........ ........ ........ ......... OP5 -20 -10 ........
peroxydicarbonat + Di-sec- <=22
butyl peroxydicarbonate + Di-
isopropyl peroxydicarbonate.
Isopropyl sec-butyl UN3115 <=32 + <=15 -18 >=38 ........ ........ ......... OP7 -20 -10 ........
peroxydicarbonate + Di-sec- + <=12 -15
butyl peroxydicarbonate + Di-
isopropyl peroxydicarbonate.
Isopropylcumyl hydroperoxide... UN3109 <=72 >=28 ........ ........ ......... OP8 ........ ........... 13
p-Menthyl hydroperoxide........ UN3105 >72-100 ........ ........ ........ ......... OP7 ........ ........... 13
p-Menthyl hydroperoxide........ UN3109 <=72 >=28 ........ ........ ......... OP8 ........ ........... ........
Methylcyclohexanone peroxide(s) UN3115 <=67 ........ >=33 ........ ......... OP7 35 40 ........
Methyl ethyl ketone peroxide(s) UN3101 <=52 >=48 ........ ........ ......... OP5 ........ ........... 5, 13
Methyl ethyl ketone peroxide(s) UN3105 <=45 >=55 ........ ........ ......... OP7 ........ ........... 5
Methyl ethyl ketone peroxide(s) UN3107 <=40 >=60 ........ ........ ......... OP8 ........ ........... 7
Methyl isobutyl ketone UN3105 <=62 >=19 ........ ........ ......... OP7 ........ ........... 5, 23
peroxide(s).
Methyl isopropyl ketone UN3109 (See remark 31) >=70 ........ ........ ......... OP8 ........ ........... 31
peroxide(s).
Organic peroxide, liquid, UN3103 ............... ........ ........ ........ ......... OP2 ........ ........... 12
sample.
Organic peroxide, liquid, UN3113 ............... ........ ........ ........ ......... OP2 ........ ........... 12
sample, temperature controlled.
Organic peroxide, solid, sample UN3104 ............... ........ ........ ........ ......... OP2 ........ ........... 12
Organic peroxide, solid, UN3114 ............... ........ ........ ........ ......... OP2 ........ ........... 12
sample, temperature controlled.
3,3,5,7,7-Pentamethyl-1,2,4- UN3107 <=100 ........ ........ ........ ......... OP8 ........ ........... ........
Trioxepane.
Peroxyacetic acid, type D, UN3105 <=43 ........ ........ ........ ......... OP7 ........ ........... 13, 20
stabilized.
Peroxyacetic acid, type E, UN3107 <=43 ........ ........ ........ ......... OP8 ........ ........... 13, 20
stabilized.
Peroxyacetic acid, type F, UN3109 <=43 ........ ........ ........ ......... OP8 ........ ........... 13, 20,
stabilized. 28
Peroxyacetic acid or peracetic UN3107 <=36 ........ ........ ........ >=15 OP8 ........ ........... 13, 20,
acid [with not more than 7% 28
hydrogen peroxide].
Peroxyacetic acid or peracetic Exempt <=6 ........ ........ ........ >=60 Exempt ........ ........... 28
acid [with not more than 20%
hydrogen peroxide].
Peroxyacetic acid or peracetic UN3109 <=17 ........ ........ ........ ......... OP8 ........ ........... 13, 20,
acid [with not more than 26% 28
hydrogen peroxide].
Peroxylauric acid.............. UN3118 <=100 ........ ........ ........ ......... OP8 35 40 ........
1-Phenylethyl hydroperoxide.... UN3109 <=38 ........ >=62 ........ ......... OP8 ........ ........... ........
Pinanyl hydroperoxide.......... UN3105 >56-100 ........ ........ ........ ......... OP7 ........ ........... 13
Pinanyl hydroperoxide.......... UN3109 <=56 >=44 ........ ........ ......... OP8 ........ ........... ........
Polyether poly-tert- UN3107 <=52 ........ >=48 ........ ......... OP8 ........ ........... ........
butylperoxycarbonate.
Tetrahydronaphthyl UN3106 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
hydroperoxide.
1,1,3,3-Tetramethylbutyl UN3105 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
hydroperoxide.

[[Page 34618]]

1,1,3,3-Tetramethylbutyl peroxy- UN3115 <=100 ........ ........ ........ ......... OP7 15 20 ........
2-ethylhexanoate.
1,1,3,3-Tetramethylbutyl UN3115 <=72 ........ >=28 ........ ......... OP7 -5 5 ........
peroxyneodecanoate.
1,1,3,3-Tetramethylbutyl UN3119 <=52 ........ ........ ........ ......... OP8 -5 5 ........
peroxyneodecanoate [as a
stable dispersion in water].
1,1,3,3-tetramethylbutyl UN3115 <=77 >=23 ........ ........ ......... OP7 0 10 ........
peroxypivalate.
3,6,9-Triethyl-3,6,9-trimethyl- UN3110 <=17 >=18 ........ >=65 ......... OP8 ........ ........... ........
1,4,7-triperoxonane.
3,6,9-Triethyl-3,6,9-trimethyl- UN3105 <=42 >=58 ........ ........ ......... OP7 ........ ........... 26
1,4,7-triperoxonane.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. For domestic shipments, OP8 is authorized.
2. Available oxygen must be <4.7%.
3. For concentrations <80% OP5 is allowed. For concentrations of at least 80% but <85%, OP4 is allowed. For concentrations of at least 85%, maximum
package size is OP2.
4. The diluent may be replaced by di-tert-butyl peroxide.
5. Available oxygen must be <=9% with or without water.
6. For domestic shipments, OP5 is authorized.
7. Available oxygen must be <=8.2% with or without water.
8. Only non-metallic packagings are authorized.
9. For domestic shipments this material may be transported under the provisions of paragraph (h)(3)(xii) of this section.
10. [Reserved]
11. [Reserved]
12. Samples may only be offered for transportation under the provisions of paragraph (b)(2) of this section.
13. ``Corrosive'' subsidiary risk label is required.
14. [Reserved]
15. No ``Corrosive'' subsidiary risk label is required for concentrations below 80%.
16. With <6% di-tert-butyl peroxide.
17. With <=8% 1-isopropylhydroperoxy-4-isopropylhydroxybenzene.
18. Addition of water to this organic peroxide will decrease its thermal stability.
19. [Reserved]
20. Mixtures with hydrogen peroxide, water, and acid(s).
21. With diluent type A, with or without water.
22. With >=36%% diluent type A by mass, and in addition ethylbenzene.
23. With >=19% diluent type A by mass, and in addition methyl isobutyl ketone.
24. Diluent type B with boiling point >100 [deg]C.
25. No ``Corrosive'' subsidiary risk label is required for concentrations below 56%.
26. Available oxygen must be <=7.6%
27. Formulations derived from distillation of peroxyacetic acid originating from peroxyacetic acid in a concentration of not more than 41% with water,
total active oxygen less than or equal to 9.5% (peroxyacetic acid plus hydrogen peroxide).
28. For the purposes of this section, the names ``Peroxyacetic acid'' and ``Peracetic acid'' are synonymous.
29. Not subject to the requirements of this subchapter for Division 5.2.
30. Diluent type B with boiling point >130 [deg]C (266 [deg]F).
31. Available oxygen <=6.7%.
32. Active oxygen concentration <=4.15%.

* * * * *
(g) * * *

Table 4 to Paragraph (g): Organic Peroxide Portable Tank Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum shell
Minimum test thickness (mm- Bottom opening Pressure-relief Control Emergency
UN No. Hazardous material pressure (bar) reference steel) requirements See . requirements See . Filling limits temperature temperature
See . . . . . . .
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
3109............................... ORGANIC PEROXIDE,..... .............. .................... .................... .................... ...................... ............ ...........
TYPE F, LIQUID........

* * * * * * *
tert-Butyl 4 Sec. 178.274(d)(2) Sec. 178.275(d)(3) Sec. 178.275(g)(1) Not more than 90% at ............ ...........
hydroperoxide, not 59 [deg]F (15 [deg]C).
more than 56% with
diluent type B \2\.

* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes
1. ``Corrosive'' subsidiary risk placard is required.
2. Diluent type B is tert-Butyl alcohol.

[[Page 34619]]

0
19. In Sec. 173.232, add paragraph (h) to read as follows:

Sec. 173.232 Articles containing hazardous materials, n.o.s.

* * * * *
(h) For transport by aircraft, the following additional
requirements apply:
(i) Articles transported under UN3548, which do not have an
existing proper shipping name, and which contain only environmentally
hazardous substances where the quantity of the environmentally
hazardous substance in the article exceeds 5 L or 5 kg, must be
prepared for transport in accordance with this section for transport by
air. In addition to the environmentally hazardous substances, the
article may also contain lithium cells or batteries that comply with
Sec. 173.185(c)(4), as applicable.
(ii) Articles transported under UN3538, which do not have an
existing proper shipping name, and which contain only gases of Division
2.2 without a subsidiary hazard, but excluding refrigerated liquefied
gases and gases forbidden for transport on passenger aircraft, where
the quantity of the Division 2.2 gas exceeds the quantity limits for UN
3363, as prescribed in Sec. 173.222 must be prepared for transport in
accordance with this section. Articles transported under this provision
are limited to a maximum net quantity of gas of 75 kg by passenger
aircraft and 150 kg by cargo aircraft. In addition to the Division 2.2
gas, the article may also contain lithium cells or batteries that
comply with Sec. 173.185(c)(4), as applicable.
0
20. In Sec. 173.301b, revise paragraphs (c)(1), (c)(2)(ii) through
(iv), (d)(1), and (f) to read as follows:

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

* * * * *
(c) * * *
(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
(IBR, see Sec. 171.7 of this subchapter). Quick release cylinder
valves for specification and type testing must conform to the
requirements in ISO 17871:2020 or, until December 31, 2026, ISO
17871:2015(E) (IBR, see Sec. 171.7 of this subchapter). Until December
31, 2026, a quick release valve conforming to the requirements in ISO
17871:2015(E) (IBR, see Sec. 171.7 of this subchapter) continues to be
authorized for use.
(2) * * *
(ii) By equipping the UN pressure receptacle with a valve cap
conforming to the requirements in ISO 11117:2019 (IBR, see Sec. 171.7
of this subchapter). Until December 31, 2026, the UN pressure
receptacle may continue to be equipped 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);
(iii) By protecting the valves with shrouds or guards conforming to
the requirements in ISO 11117:2019 (IBR; see Sec. 171.7 of this
subchapter). Until December 31, 2026, the valves may continue to be
protected by shrouds or guards conforming to the requirements in ISO
11117:2008 and Technical Corrigendum 1 (IBR; see Sec. 171.7 of this
subchapter). For metal hydride storage systems, by protecting the
valves in accordance with the requirements in ISO 16111:2018(E) or,
until December 31, 2026, in accordance with 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)/Amd. 1:2017 (IBR; see Sec. 171.7 of this
subchapter);
* * * * *
(d) Non-refillable UN pressure receptacles. (1) When the use of a
valve is prescribed, the valve must conform to the requirements in ISO
11118:2015(E) and ISO 11118:2015/Amd 1:2019 until further notice.
Conformance with ISO 11118:2015 without the supplemental amendment is
authorized until December 31, 2026 (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
(f) Hydrogen bearing gases. A steel UN pressure receptacle or a UN
composite pressure receptacle with a steel liner bearing an ``H'' mark
must be used for hydrogen bearing gases or other embrittling gases that
have the potential of causing hydrogen embrittlement.
* * * * *
0
21. In Sec. 173.302c, revise paragraph (k) to read as follows:

Sec. 173.302c Additional requirements for the shipment of adsorbed
gases in UN pressure receptacles.

* * * * *
(k) The filling procedure must be in accordance with Annex A of ISO
11513:2019 (IBR, see Sec. 171.7 of this subchapter). Until December
31, 2026, filling may instead be in accordance with Annex A of ISO
11513:2011(E) (IBR, see Sec. 171.7 of this subchapter).
* * * * *
0
22. Revise Sec. 173.311 to read as follows:

Sec. 173.311 Metal Hydride Storage Systems.

The following packing instruction is applicable to transportable UN
Metal hydride storage systems (UN3468) with pressure receptacles not
exceeding 150 liters (40 gallons) in water capacity and having a
maximum developed pressure not exceeding 25 MPa. UN Metal hydride
storage systems must be designed, constructed, initially inspected, and
tested in accordance with ISO 16111:2018 (IBR, see Sec. 171.7 of this
subchapter), consistent with Sec. 178.71(m) of this subchapter. Until
December 31, 2026, UN Metal hydride storage systems may instead conform
to ISO 16111:2008(E) (IBR, see Sec. 171.7 of this subchapter). Steel
pressure receptacles or composite pressure receptacles with steel
liners must be marked in accordance with Sec. 173.301b(f), which
specifies that a steel UN pressure receptacle displaying an ``H'' mark
must be used for hydrogen-bearing gases or other gases that may cause
hydrogen embrittlement. Requalification intervals must be no more than
every five years, as specified in Sec. 180.207 of this subchapter, in
accordance with the requalification procedures prescribed in ISO
16111:2018 or ISO 16111:2008.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0
23. 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
24. In Sec. 175.1, add paragraph (e) to read as follows:

Sec. 175.1 Purpose, scope, and applicability.

* * * * *
(e) In addition to the requirements of this part, air carriers that
are certificate holders authorized to conduct operations in accordance
with 14 CFR part 121 are also required to have a Safety Management
System meeting the conditions of 14 CFR part 5 and found to be
acceptable to the Federal Aviation Administration (FAA).
0
25. In Sec. 175.10, revise paragraphs (a) introductory text, (a)(14)
introductory text, (a)(15)(v)(A), (a)(15)(vi)(A), (a)(17)(ii)(C),
(a)(18) introductory text, and (a)(26) introductory text to read as
follows:

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

* * * * *
(a) This subchapter does not apply to the following hazardous
materials when

[[Page 34620]]

carried by aircraft passengers or crewmembers provided the requirements
of Sec. Sec. 171.15 and 171.16 of this subchapter (see paragraph (c)
of this section) and the requirements of this section are met. The most
appropriate description of the hazardous material item or article must
be selected and the associated conditions for exception must be
followed:
* * * * *
(14) Battery powered heat-producing devices (e.g., battery-operated
equipment such as diving lamps and soldering equipment) as checked or
carry-on baggage and with the approval of the operator of the aircraft.
The heating element, the battery, or other component (e.g., fuse) must
be isolated to prevent unintentional activation during transport. Any
battery that is removed must be carried in accordance with the
provisions for spare batteries in paragraph (a)(18) of this section.
Each battery must be of a type which meets the requirements of each
test in the UN Manual of Tests and Criteria, Part III, Subsection 38.3
(IBR, see Sec. 171.7 of this subchapter), and each installed or spare
lithium battery:
* * * * *
(15) * * *
(v) * * *
(A) Adequately protected against damage by design of the wheelchair
or mobility aid and securely attached to the wheelchair or mobility
aid; or
* * * * *
(vi) * * *
(A) Adequately protected against damage by design of the wheelchair
or mobility aid and securely attached to the wheelchair or mobility
aid; or
* * * * *
(17) * * *
(ii) * * *
(C) The battery is adequately protected against damage by design of
the wheelchair or mobility aid and securely attached to the wheelchair
or other mobility aid; and
* * * * *
(18) Except as provided in Sec. 173.21 of this subchapter,
portable electronic devices (e.g., watches, calculating machines,
cameras, cellular phones, laptop and notebook computers, camcorders,
medical devices, etc.) that are not otherwise more appropriately
described and subject to separate provisions in this section,
containing dry cells or dry batteries (including lithium cells or
batteries) and spare dry cells or batteries for these devices, when
carried by passengers or crew members for personal use. Portable
electronic devices powered by lithium batteries may be carried in
either checked or carry-on baggage. When carried in checked baggage,
portable electronic devices powered by lithium batteries must be
completely switched off (i.e., not in sleep or hibernation mode) and
protected to prevent unintentional activation or damage, except
portable electronic devices powered by lithium batteries with lithium
content not exceeding 0.3 grams for lithium metal batteries and 2.7 Wh
for lithium ion batteries are not required to be switched off. Spare
lithium batteries must be carried in carry-on baggage only. Each
installed or spare lithium battery must be of a type proven to meet the
requirements of each test in the UN Manual of Tests and Criteria, Part
III, Sub-section 38.3, and each spare lithium battery must be
individually protected so as to prevent short circuits (e.g., by
placement in original retail packaging, by otherwise insulating
terminals by taping over exposed terminals, or placing each battery in
a separate plastic bag or protective pouch). In addition, each
installed or spare lithium battery:
* * * * *
(26) Baggage equipped with lithium batteries must be carried as
carry-on baggage unless the batteries are removed from the baggage.
Batteries must be of a type which meets the requirements of each test
in the UN Manual of Tests and Criteria, Part III, Subsection 38.3 (IBR,
see Sec. 171.7 of this subchapter). Additionally, removed batteries
must be carried in accordance with the provision for spare batteries
prescribed in paragraph (a)(18) of this section. Baggage equipped with
lithium batteries may be carried as checked baggage and electronic
features may remain active if the batteries do not exceed:
* * * * *
0
26. In Sec. 175.33, revise paragraph (a)(13)(iii) to read as follows:

Sec. 175.33 Shipping paper and information to the pilot-in-command.

(a) * * *
(13) * * *
(iii) UN3481 and UN3091 are not required to appear on the
information provided to the pilot-in-command when prepared in
accordance with Sec. 173.185(c)(4).
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
27. 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
28. In Sec. 178.37, revise paragraph (j) to read as follows:

Sec. 178.37 Specification 3AA and 3AAX seamless steel cylinders.

* * * * *
(j) Flattening test. A flattening test must be performed on one
cylinder, taken at random out of each lot of 200 or fewer, by placing
the cylinder between wedge shaped knife edges, having a 60-degree
included angle, rounded to \1/2\-inch radius. The longitudinal axis of
the cylinder must be at a 90-degree angle to the knife edges during the
test. For lots of 30 or fewer, flattening tests are authorized to be
made on a ring at least eight (8) inches long, cut from each cylinder
and subjected to the same heat treatment as the finished cylinder.
Cylinders may be subjected to a bend test in lieu of the flattening
test. Two bend test specimens must be taken in accordance with ISO
9809-1:2019(E) or ASTM E290 (IBR, see Sec. 171.7 of this subchapter),
and must be subjected to the bend test specified therein.
* * * * *
0
29. In Sec. 178.71, revise paragraphs (f)(4), (g), (i), (k)(1)(i) and
(ii), (m), and (n) to read as follows:

Sec. 178.71 Specifications for UN pressure receptacles.

* * * * *
(f) * * *
(4) 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 1,000 litres (IBR, see Sec.
171.7 of this subchapter) in combination with ISO 21172-1:2015/Amd
1:2018(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 1,000 litres--Amendment 1 (IBR, see Sec.
171.7 of this subchapter).Until December 31, 2026, the use of ISO
21172-1:2015 (IBR, see Sec. 171.7 of this subchapter) without the
supplemental amendment is authorized.
* * * * *
(g) Design and construction requirements for UN refillable seamless
steel cylinders. In addition to the general requirements of this
section, UN refillable seamless steel cylinders must conform to the
following ISO standards, as applicable:
(1) ISO 9809-1:2019(E), Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction, and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa (IBR,
see Sec. 171.7 of this subchapter). Until December 31, 2026, a
cylinder may instead conform to ISO

[[Page 34621]]

9809-1:2010(E) (IBR, see Sec. 171.7 of this subchapter).
(2) ISO 9809-2:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 2:
Quenched and tempered steel cylinders and tubes with tensile strength
greater than or equal to 1100 MPa (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2026, a cylinder may instead conform to
ISO 9809-2:2010 (IBR, see Sec. 171.7 of this subchapter).
(3) ISO 9809-3:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 3:
Normalized steel cylinders and tubes. (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2026, a cylinder may instead conform to
ISO 9809-3:2010(E) (IBR, see Sec. 171.7 of this subchapter).
(4) ISO 9809-4:2014(E), Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 4: Stainless
steel cylinders with an Rm value of less than 1 100 MPa (IBR, see Sec.
171.7 of this subchapter).
* * * * *
(i) Design and construction requirements for UN non-refillable
metal cylinders. In addition to the general requirements of this
section, UN non-refillable metal cylinders must conform to ISO
11118:2015(E) Gas cylinders--Non-refillable metallic gas cylinders--
Specification and test methods, in combination with ISO 11118:2015/Amd
1:2019 Gas cylinders--Non-refillable metallic gas cylinders--
Specification and test methods--Amendment 1. (IBR, see Sec. 171.7 of
this subchapter). Until December 31, 2026, the use of ISO 11118:2015
(IBR, see Sec. 171.7 of this subchapter) without the supplemental
amendment is authorized.
* * * * *
(k) * * *
(1) * * *
(i) ISO 9809-1:2019(E) Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction, and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa (IBR,
see Sec. 171.7 of this subchapter). Until December 31, 2026, a
cylinder may instead conform to ISO 9809-1:2010(E) (IBR, see Sec.
171.7 of this subchapter).
(ii) ISO 9809-3:2019(E) Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 3:
Normalized steel cylinders and tubes. (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2026, a cylinder may instead conform to
ISO 9809-3:2010(E) (IBR, see Sec. 171.7 of this subchapter).
* * * * *
(m) Design and construction requirements for UN metal hydride
storage systems. In addition to the general requirements of this
section, metal hydride storage systems must conform to ISO
16111:2018(E) Transportable gas storage devices--Hydrogen absorbed in
reversible metal hydride (IBR, see Sec. 171.7 of this subchapter).
Until December 31, 2026, UN metal hydride storage systems may instead
conform to ISO 16111:2008 (IBR, see Sec. 171.7 of this subchapter).
(n) Design and construction requirements for UN cylinders for the
transportation of adsorbed gases. In addition to the general
requirements of this section, UN cylinders for the transportation of
adsorbed gases must conform to the following ISO standards, as
applicable:
(1) ISO 11513:2019, Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene)--Design, construction, testing, use and periodic
inspection (IBR, see Sec. 171.7 of this subchapter). Until December
31, 2026, UN cylinders may instead conform to ISO 11513:2011(E) (IBR,
see Sec. 171.7 of this subchapter).
(2) ISO 9809-1:2019(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction, and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa (IBR,
see Sec. 171.7 of this subchapter). Until December 31, 2026, UN
cylinders may instead conform to ISO 9809-1:2010(E) (IBR, see Sec.
171.7 of this subchapter.
* * * * *
0
30. In Sec. 178.75, revise paragraph (d)(3) introductory text and
paragraph (d)(3)(i) through (iii) 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:
(i) ISO 9809-1:2019(E), Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction, and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa (IBR,
see Sec. 171.7 of this subchapter). Until December 31, 2026, a
pressure receptacle may instead conform to ISO 9809-1:2010(E) (IBR, see
Sec. 171.7 of this subchapter).
(ii) ISO 9809-2:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 2:
Quenched and tempered steel cylinders and tubes with tensile strength
greater than or equal to 1100 MPa (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2026, a pressure receptacle may instead
conform to ISO 9809-2:2010(E) (IBR, see Sec. 171.7 of this
subchapter).
(iii) ISO 9809-3:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 3:
Normalized steel cylinders and tubes. (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2026, pressure receptacle may instead
conform to ISO 9809-3:2010(E) (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
0
31. In Sec. 178.609, revise paragraph (d)(2) to read as follows:

Sec. 178.609 Test requirements for packagings for infectious
substances.

* * * * *
(d) * * *
(2) Where the samples are in the shape of a drum or jerrican, three
samples must be dropped, one in each of the following orientations:
(i) Diagonally on the top edge, with the center of gravity directly
above the point of impact;
(ii) Diagonally on the base edge; and
(iii) Flat on the body or side.
* * * * *
0
32. In Sec. 178.706, revise paragraph (c)(3) to read as follows:

Sec. 178.706 Standards for rigid plastic IBCs.

* * * * *
(c) * * *
(3) No used material other than production residues or regrind from
the same manufacturing process may be used in the manufacture of rigid
plastic IBCs unless approved by the Associate Administrator.
* * * * *
0
33. In Sec. 178.707, revise paragraph (c)(3)(iii) to read as follows:

Sec. 178.707 Standards for composite IBCs.

* * * * *
(c) * * *
(3) * * *
(iii) No used material, other than production residues or regrind
from the same manufacturing process, may be used in the manufacture of
inner receptacles unless approved by the Associate Administrator.
* * * * *

[[Page 34622]]

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
34. 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
35. In Sec. 180.207, revise paragraphs (d)(3) and (5), and add
paragraph (d)(8) 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)/Amd
1:2019 (IBR, see Sec. 171.7 of this subchapter). However, a cylinder
may continue to be requalified in accordance with ISO 10462:2013(E)
(IBR, see Sec. 171.7 of this subchapter) without the supplemental
amendment until December 31, 2024. Further, a cylinder requalified in
accordance with ISO 10462:2013(E) until December 31, 2018, may continue
to be used until its next required requalification. The porous mass and
the shell must be requalified no sooner than three (3) years, six (6)
months, from the date of manufacture. Thereafter, subsequent
requalifications of the porous mass and shell must be performed at
least once every 10 years.
* * * * *
(5) UN cylinders for adsorbed gases: Each UN cylinder for adsorbed
gases must be inspected and tested in accordance with Sec. 173.302c of
this subchapter and ISO 11513:2019(E) (IBR, see Sec. 171.7 of this
subchapter). However, a UN cylinder may continue to be requalified in
accordance with ISO 11513:2011(E) (IBR, see Sec. 171.7 of this
subchapter) until December 31, 2024.
* * * * *
(8) UN pressure drums: UN pressure drums must be inspected and
tested in accordance with ISO 23088:2020 (IBR, see Sec. 171.7 of this
subchapter).
* * * * *

Issued in Washington, DC, on March 31, 2023, 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. 2023-07109 Filed 5-26-23; 8:45 am]
BILLING CODE 4910-60-P

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