Hazardous Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements, 15636-15668 [2024-03290]

Agencies

• Pipeline and Hazardous Materials Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 43 (Monday, March 4, 2024)]
[Rules and Regulations]
[Pages 15636-15668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03290]



[[Page 15635]]

Vol. 89

Monday,

No. 43

March 4, 2024

Part II





 Department of Transportation





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 Pipeline and Hazardous Materials Safety Administration





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49 Parts 107, 171 et al.





Hazardous Materials: Adoption of Miscellaneous Petitions and Updating 
Regulatory Requirements; Final Rule

Federal Register / Vol. 89 , No. 43 / Monday, March 4, 2024 / Rules 
and Regulations

[[Page 15636]]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 178, and 180

[Docket No. PHMSA-2020-0102 (HM-219D)]
RIN 2137-AF49


Hazardous Materials: Adoption of Miscellaneous Petitions and 
Updating Regulatory Requirements

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

ACTION: Final rule.

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SUMMARY: PHMSA amends the Hazardous Materials Regulations (HMR) to 
update, clarify, improve the safety of, or streamline various 
regulatory requirements. Specifically, this rulemaking responds to 18 
petitions for rulemaking submitted by the regulated community between 
May 2018 and October 2020 that requests PHMSA address a variety of 
provisions, including but not limited to those addressing packaging, 
hazard communication, and the incorporation by reference of certain 
documents. These revisions maintain or enhance the existing high level 
of safety under the HMR while providing clarity and appropriate 
regulatory flexibility in the transport of hazardous materials.

DATES: 
    Effective date: This final rule is effective on April 3, 2024.
    Delayed compliance date: March 4, 2025.
    Incorporation by reference date: The incorporation by reference of 
certain publications listed in this final rule is approved by the 
Director of the Federal Register as of April 3, 2024.

FOR FURTHER INFORMATION CONTACT: Steven Andrews, 202-366-8553, Office 
of Hazardous Materials Standards, 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. Background
II. Incorporation by Reference Discussion Under 1 CFR Part 51
III. NPRM: Publication and Public Comments; Executive Order 13924
IV. Discussion of Amendments and Applicable Comments
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Orders 12866 and 14094, and DOT Regulatory Policies 
and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies
    F. Paperwork Reduction Act
    G. Unfunded Mandates Reform Act
    H. Environmental Assessment
    I. Privacy Act
    J. Executive Order 13609 and International Trade Analysis
    K. Executive Order 13211
    L. National Technology Transfer and Advancement Act
    M. Cybersecurity and Executive Order 14028
    N. Severability

I. Background

    The Administrative Procedure Act (APA) requires Federal agencies to 
give interested persons the right to petition an agency to issue, 
amend, or repeal a rule. (See 5 U.S.C. 553(e).) PHMSA regulations 
specify that persons petitioning PHMSA to add, revise, or remove a 
regulation in the Hazardous Materials Regulations (HMR; 49 CFR parts 
171 through 180) must file a petition for rulemaking containing 
adequate support for the requested action. (See 49 CFR 106.100.) PHMSA 
amends the HMR in response to petitions for rulemaking submitted by 
shippers, carriers, manufacturers, and industry representatives, and 
welcomes petitions from any interested stakeholder or member of the 
public with suggested changes to improve the HMR.
    PHMSA now finds that these revisions will maintain the high safety 
standard currently achieved under the HMR while providing clarity and 
appropriate regulatory flexibility in the transport of hazardous 
materials. PHMSA also notes that--insofar as adoption of the petitions 
could reduce delays and interruptions of hazardous materials shipments 
during transportation--the amendments will 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. A detailed 
discussion of the petitions and revisions can be found in section III 
of this final rule.
    In this final rule, PHMSA revises the HMR to:
     Allow for appropriate flexibility of packaging options in 
the transportation of compressed natural gas in cylinders.
     Streamline the approval application process for the repair 
of certain DOT specification cylinders.
     Provide greater clarity on the filling requirements for 
certain cylinders used to transport hydrogen and hydrogen mixtures.
     Facilitate international commerce, and streamline 
packaging and hazard communication requirements by harmonizing the HMR 
with international regulations to allow the shipment of de minimis 
amounts of poisonous materials.
     Provide greater clarity by requiring a specific marking on 
cylinders to indicate compliance with certain HMR provisions.
     Streamline hazard communication requirements by allowing 
appropriate marking exceptions under certain conditions for the 
transportation of lithium button cell batteries installed in equipment.
     Provide greater flexibility and accuracy in hazard 
communication by allowing additional descriptions for certain gas 
mixtures.
     Increase the safe transportation of explosives by updating 
certain Institute of Makers of Explosives (IME) documents currently 
incorporated by reference.
     Modify the definition of ``liquid'' to include the test 
for determining fluidity (penetrometer test) prescribed in the European 
Agreement concerning the International Carriage of Dangerous Goods by 
Road (ADR).
     Incorporate by reference the Compressed Gas Association's 
(CGA) publication C-20-2014, ``Requalification Standard for Metallic, 
DOT and TC 3-series Gas Cylinders and Tubes Using Ultrasonic 
Examination,'' Second Edition, which will eliminate the need for some 
existing DOT special permits and allow alternative methods for the 
requalification of cylinders. This revision would eliminate the need 
for special permit applications and renewals.
     Incorporate by reference the updated Appendix A of CGA 
publication C-7-2020, ``Guide to Classification and Labeling of 
Compressed Gases,'' Eleventh Edition.
     Incorporate by reference the CGA publication C-27-2019, 
``Standard Procedure to Derate the Service Pressure of DOT 3-Series 
Seamless Steel Tubes, First Edition.''
     Incorporate by reference the CGA publication CGA C-29-
2019, ``Standard for Design Requirements for Tube Trailers and Tube 
Modules, First Edition.''
     Incorporate by reference the CGA publication CGA V-9-2019,

[[Page 15637]]

``Compressed Gas Association Standard for Compressed Gas Cylinder 
Valves, Eighth Edition.''

II. 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 the 
relevant parts of several standards and specifications developed and 
published by standard development organizations (SDOs). 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, 15 U.S.C. 272 note) directs Federal agencies to use 
standards developed by voluntary consensus standards bodies in lieu of 
government-written standards unless doing so would be inconsistent with 
applicable law or otherwise impracticable. 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. Consistent with the requirements of the 
NTTAA and its statutory authorities, PHMSA is responsible for 
determining which currently referenced standards should be updated, 
revised, or removed, and which standards should be added to the HMR. 
Revisions to materials incorporated by reference in the HMR are handled 
via the rulemaking process, which allows 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. Regulations of the Office 
of the Federal Register require that agencies detail in the preamble of 
a final rule the ways the materials it incorporates by reference are 
reasonably available to interested parties, or how the agency worked to 
make those materials reasonably available to interested parties. (See 1 
CFR 51.5.)
    IME standards are free and accessible to the public via the IME 
website at https://www.ime.org/products/category/safety_library_publications_slps. The CGA references are available for 
interested parties to purchase in either print or electronic editions 
through the CGA organization website at https://portal.cganet.com/Publication/index.aspx. The UN manual of test and criteria is available 
at https://unece.org/fileadmin/DAM/trans/danger/publi/manual/Rev7/Manual_Rev7_E.pdf. The European Agreement concerning the International 
Carriage of Dangerous Goods by Road (ADR) can be found at https://unece.org/about-adr. The specific standards are discussed in greater 
detail in the section-by-section review.
    The following standards appear in the amendatory text of this 
document and have already been approved for the locations in which they 
appear: ASTM D 4359-90, ``Standard Test Method for Determining Whether 
a Material is a Liquid or a Solid; CGA Technical Bulletin (TB): 2008-
25, ``Design Considerations for Tube Trailers;'' ISO 6406:2005(E), 
``Gas cylinders--Seamless steel gas cylinders--Periodic inspection and 
testing;'' and 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.''

III. NPRM: Publication and Public Comments: Executive Order 13924

    On March 3, 2023 [88 FR 13624], PHMSA published a notice of 
proposed rulemaking (NPRM) in the Federal Register, titled ``Hazardous 
Materials: Adoption of Miscellaneous Petitions and Updating Regulatory 
Requirements,'' under Docket No. PHMSA-2020-0102 (HM-219D). The NPRM 
proposed revisions to the HMR in response to 18 petitions for 
rulemaking submitted to PHMSA by various stakeholders in addition to 
miscellaneous issues such as special permit procedures and harmonizing 
the HMR with revisions to the Environmental Protection Agency (EPA) 
regulations. PHMSA discusses these petitions and revisions in detail in 
section IV (Discussion of Amendments and Applicable Comments) of the 
preamble to this final rule.
    The comment period for the NPRM originally closed on May 3, 2023. 
On April 6, 2023, PHMSA received a request from Worthington Industries 
to extend the comment period for the NPRM. In response to the request 
from Worthington Industries, PHMSA published a document on April 26, 
2023 [88 FR 25335], extending the comment period to June 16, 2023. 
PHMSA received a total of 14 sets of comments from eight separate 
entities, three of which had submitted petitions that were the basis 
for HMR amendments proposed in the NPRM. PHMSA received comments from 
Chemours after the June 16, 2023, deadline. Consistent with 49 CFR 
107.70(b), PHMSA considered those late-filed comments given the 
commenter's interests in the rulemaking and the absence of additional 
expense or delay resulting from their consideration. An alphabetical 
list of the persons, companies, and associations that submitted 
comments to the HM-219D NPRM are listed in the below table:

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             Commenter name                         Docket No.
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Arkema..................................  https://www.regulations.gov/comment/PHMSA-2020-0102-0016.
Chemours................................  https://www.regulations.gov/comment/PHMSA-2020-0102-0015.
Chemours................................  https://www.regulations.gov/comment/PHMSA-2020-0102-0021.
Compressed Gas Association (CGA)........  https://www.regulations.gov/comment/PHMSA-2020-0102-0010.
Council on the Safe Transportation of     https://www.regulations.gov/
 Hazardous Articles (COSTHA).              comment/PHMSA-2020-0102-0011.
Dangerous Goods Advisory Council (DGAC).  https://www.regulations.gov/comment/PHMSA-2020-0102-0012.
Heating, Air-Conditioning, &              https://www.regulations.gov/
 Refrigeration Distributors                comment/PHMSA-2020-0102-0018.
 International.
Heating, Air-Conditioning, &              https://www.regulations.gov/
 Refrigeration Distributors                comment/PHMSA-2020-0102-0017.
 International.
Institute for the Makers of Explosives..  https://www.regulations.gov/comment/PHMSA-2020-0102-0006.
The Dow Chemical Company................  https://www.regulations.gov/comment/PHMSA-2020-0102-0013.
The Plumbing-Heating-Cooling              https://www.regulations.gov/
 Contractors--National Association         comment/PHMSA-2020-0102-0004.
 (PHCC).
Worthington Industries..................  https://www.regulations.gov/document/PHMSA-2020-0102-0003 0003.
Worthington Industries..................  https://www.regulations.gov/comment/PHMSA-2020-0102-0019.

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Worthington Industries..................  https://www.regulations.gov/comment/PHMSA-2020-0102-0014.
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    The comments submitted to this docket may be accessed via the 
docket file numbers listed in the above table, as well as at https://www.regulations.gov. PHMSA developed this final rule in consideration 
of the comments received to the public docket.

IV. Discussion of Amendments and Applicable Comments

    Based on an assessment of the 18 petitions and two miscellaneous 
amendments and the comments received in response to the NPRM, PHMSA is 
amending the HMR as detailed in this section.

A. Transportation of Compressed Natural Gas/Methane in UN Pressure 
Receptacles

    In its petition (P-1714),\1\ CGA requests that PHMSA consider an 
amendment to Sec.  173.302b to implement packaging restrictions for the 
transportation of compressed natural gas (CNG) and methane in United 
Nations (UN) seamless steel pressure receptacles with a tensile 
strength greater than 950 MPa. For the purposes of the HMR, ``UN1971, 
Methane, compressed'' is compressed natural gas that is at least 98 
percent methane and free of corroding components. CGA expresses concern 
regarding the growth in transport of CNG and methane in these 
packagings, and wants to ensure the safety of the receptacles in this 
service.
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    \1\ P-1714--CGA (PHMSA-2018-0054), https://www.regulations.gov/docket/PHMSA-2018-0054.
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    CGA provides the historical context of PHMSA's predecessor agency 
imposing similar packaging restrictions for CNG transported in certain 
DOT specification cylinders. (See Sec.  173.302a(a)(4).) These 
restrictions were intended to limit the effect of impurities in the 
CNG, such as hydrogen sulfide, on the structural integrity of the steel 
used in the manufacture of the cylinders. CGA cites several studies on 
the corrosive effects of natural gas contaminants on a cylinder and 
notes that the contaminants are usually noncorrosive in the absence of 
liquid water. Finally, CGA highlights an October 27, 1977, incident in 
which two people were killed, four people were injured, and a 
compressor station was damaged when a DOT specification 3T seamless 
steel cylinder ruptured while being filled with natural gas 
contaminated with hydrogen sulfide and water.
    CGA's specific concern is in regard to UN seamless steel pressure 
receptacles with ultimate tensile strengths greater than 950 MPa being 
used for the storage and transportation of CNG. Higher strength UN 
seamless steel pressure receptacles are susceptible to embrittlement 
from CNG contaminants and embrittlement makes the receptacles more 
susceptible to fracture.
    Currently, use of UN pressure receptacles for CNG and methane in 
transportation is subject to the general requirements for shipment of 
compressed gases in Sec.  173.301; additional general requirements of 
UN pressure receptacles in Sec.  173.301b; and the filling requirements 
of cylinders with non-liquefied (permanent) gases in Sec.  173.302. 
However, under current regulations, there are no additional 
requirements specific to the use of UN pressure receptacles in CNG or 
methane service.
    In the NPRM, PHMSA proposed to revise Sec.  173.302b to include 
conditions for the transportation of CNG and methane in UN stainless 
steel pressure receptacles. The NPRM referenced content within CGA's 
petition requesting such revision, stating that natural gas/methane can 
be safely transported in UN steel pressure receptacles under the 
following conditions:
     The product is non-liquefied gas.
     The UN seamless steel pressure receptacle has a maximum 
tensile strength not greater than 950 MPa (137,750 psig), and bears an 
``H'' mark indicating the cylinder is manufactured from a specific type 
of steel that is intended to prevent hydrogen embrittlement.
     Each UN tube has a drain tube.
     The moisture content and concentration of the corroding 
components in the product conforms to the requirements in Sec.  
173.301b(a)(2). Specifically, the requirements in Sec.  173.301b(a)(2) 
state that gases or gas mixtures must be compatible with the UN 
pressure receptacle and valve materials, as prescribed for metallic 
materials in International Organization for Standardization (ISO) 
11114-1:2012(E), ``Gas cylinders--Compatibility of cylinder and valve 
materials with gas contents.''
    In addition, the NPRM included the CGA-requested proposal to 
include new text that clarifies the requirements for transporting 
methane gas with a purity of at least 98 percent within a UN seamless 
steel pressure receptacle.
    PHMSA also noted in the NPRM that it had previously considered this 
issue under petition P-1661 \2\ submitted by CGA on July 15, 2015. That 
petition was denied due to its conflict with the requirements in Sec.  
173.302a(a)(4) for DOT specification 3AAX and 3T cylinders when used in 
methane service. Currently, Sec.  173.302a(a)(4) only allows methane 
that is non-liquefied; has a minimum purity of 98 percent; and is 
commercially free from corroding components to be filled in 
specification (3AX, 3AAX, and 3T) cylinders. PHMSA agreed that DOT 
specification 3T cylinders with a tensile strength in the range of 135-
155 kilopounds per square inch (ksi) [931-1,069 megapascals per square 
inch (MPa)] and steel embrittlement can become a safety issue. However, 
DOT specification 3AX and 3AAX cylinders typically have strength below 
135 ksi (931 MPa), and steel embrittlement is usually not a safety 
concern.
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    \2\ P-1661--CGA (PHMSA-2015-0169), https://www.regulations.gov/docket/PHMSA-2015-0169.
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    In its denial letter, PHMSA encouraged CGA to consider a revised 
petition and limit cylinders to steel strengths below 950 MPa for ISO 
cylinders made in accordance with ISO 9809-1:2010, ``Gas cylinders--
Refillable seamless steel gas cylinders--Design, construction and 
testing,'' and IS0 11120, ``Gas cylinders--Refillable seamless steel 
tubes of water capacity between 150 l and 3000 l--Design, construction 
and testing'' standards. This is because, had PHMSA proposed P-1661, it 
would have caused conflicting requirements for methane shipments in 
specification (3AAX, 3T, etc.) cylinders versus shipments in UN steel 
cylinders (ISO 9809-1 and ISO 11120 standards).
    In response to PHMSA's denial of P-1661, CGA submitted a new 
petition (P-1714) that addresses PHMSA's concerns by not including DOT 
3T specification cylinders where steel embrittlement poses an 
unreasonable risk. As a result of PHMSA's technical review of CGA 
petition (P-1714), and because it requested regulatory amendments for 
shipment of methane (including CNG with a methane content of 98 percent 
or greater) only in UN cylinders, PHMSA determined that the proposals 
in P-1714 would be limited to pressure receptacles where steel 
embrittlement is not a safety

[[Page 15639]]

issue. Additionally, PHMSA notes this revision will align HMR 
references to UN cylinders with equivalent DOT specification cylinders. 
PHMSA further agrees that CNG, other than methane, can cause steel 
embrittlement in seamless steel pressure receptacles with tensile 
strengths greater than 950 MPa. Therefore, PHMSA believes the changes 
outlined in the CGA petition P-1714 will improve the safe 
transportation of CNG.
    As noted in the NPRM, PHMSA conducted an economic review of this 
petition and expects these amendments will not result in any material 
changes in costs or operations for market participants because they are 
accepted industry practices and address an important safety concern. To 
the degree that market participants are currently transporting low-
purity methane in high-tensile strength receptacles, affected 
participants would be required to use substitute packaging. Similarly, 
theses revisions will provide safety benefits to the extent there is 
any noncompliance with the practice presented by CGA. A more detailed 
discussion of this economic analysis can be found in the Regulatory 
Impact Analysis (RIA) posted in the docket to this rulemaking.
    PHMSA received comments from CGA and DGAC in support of the 
revisions to Sec.  173.302b(f) as proposed. PHMSA did not receive any 
comments opposing the proposed revisions. Therefore, PHMSA revises the 
requirements for transporting CNG with methane in certain UN 
specification seamless stainless steel cylinders. Amending these 
requirements will enhance safety by authorizing CNG of less than 98 
percent methane only in pressure receptacles where steel embrittlement 
is unlikely to occur.

B. Threading and Repair of Seamless DOT 3-Series Specification 
Cylinders and Seamless UN Pressure Receptacles

    In its petition (P-1716),\3\ FIBA Technologies, Inc. (FIBA) 
requests PHMSA consider a revision to the requirements for repairing 
seamless DOT 3-series specification cylinders and seamless UN pressure 
receptacles manufactured without external threads, and also to 
authorize the performance of this work without requiring prior approval 
from PHMSA. Specifically, this petition requests that PHMSA authorize 
machining new threads on a previously manufactured seamless cylinder or 
seamless UN pressure receptacle without requiring an approval. Further, 
FIBA requests that PHMSA expand the population of UN pressure 
receptacles eligible for repair work. Regarding external threads, in 
accordance with the current Sec.  180.212(b)(2), repair work not 
requiring prior approval is limited to the ``rethreading'' of DOT 
specification 3AX, 3AAX, or 3T cylinders, or a UN pressure receptacle 
mounted in multiple-element gas containers (MEGC).\4\
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    \3\ P-1716--FIBA (PHMSA-2018-0074), https://www.regulations.gov/docket/PHMSA-2018-0074.
    \4\ A multiple-element gas container is an assembly of UN 
cylinders, tubes, or bundles of cylinders interconnected by a 
manifold and assembled within a framework. The term includes all 
service equipment and structural equipment necessary for the 
transport of gases.
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    FIBA notes there are older DOT specification 3AAX cylinders that 
were not equipped with external neck threads at the time of 
manufacture. These cylinders were manufactured in the 1960s, and were 
mounted on a semi-trailer by inserting the tube neck into a flange on 
the semi-trailer bulkhead and then secured in place using set screws. 
FIBA argues that these methods have been mostly abandoned in favor of a 
threaded tube neck because a threaded flange and anti-rotation pins 
provide a more secure connection. Moreover, risk will be reduced by a 
threaded neck surface and flange connection, rather than a neck with no 
threads and set screws, because the threaded neck and flange more 
securely mount the cylinders and tubes within the MEGC or motor vehicle 
(tube trailer or frame). Set screws do greater damage to the tube than 
a threaded neck and flange because of the penetration depth required to 
achieve a secure connection. Section 180.212(b)(2) already allows the 
repair of damaged threads, which can be so worn as to be the same as a 
tube manufactured with no outer diameter neck threads. FIBA argues that 
there is no difference between threads no longer capable of joining the 
tube neck to the flange and a tube neck having no threads from the 
start. The same threading process will be performed on the tube with 
worn threads as the tube with no threads. Additionally, the same CGA C-
23 evaluation process used to determine suitability of the tube neck 
for rethreading will be used to confirm the suitability of the neck for 
threading.
    As noted in the NPRM, PHMSA has conducted a technical review of 
this petition and now determines that authorizing the threading of DOT 
3AX; 3AAX manufactured without external threads; or 3T specification 
cylinders; or UN pressure receptacles will enhance safety by 
authorizing a more secure method of connecting MEGC pressure 
receptacles. PHMSA concludes this is an improvement over the previous 
method of using set screws to secure the tubes, a process that results 
in indentations being carved into the tube necks as the tube jostles 
during transport. Moreover, DOT did not originally authorize the 
threading of previously manufactured cylinders due to a lack of 
standardized safe threading practices at the time PHMSA adopted 
provisions for these cylinders. Lastly, PHMSA concludes that the 
machining of neck threads or rethreading of seamless UN pressure 
receptacles should be authorized regardless of whether the receptacle 
is mounted in a MEGC. As such, standardization in the area of cylinder 
connections is vital to reducing damage to the cylinder necks and thus 
to reducing hazardous materials releases. In summary, the technical 
review of this petition determines the revision will improve safety by 
ensuring a more secure connection to the motor vehicle.
    PHMSA has determined that this revision will not impose any costs 
to industry. Further, it has determined that the changes would provide 
appropriate regulatory flexibility and potential cost savings (i.e., 
avoided costs associated with an unnecessary approval application 
process or use of an outdated securement method) without any impact on 
safety. A more detailed discussion of this economic analysis of this 
revision can be found in the RIA posted to the docket for this 
rulemaking.
    PHMSA received comments from both CGA and DGAC in support of the 
revision as proposed. PHMSA did not receive any comments opposing these 
revisions. Therefore, in this final rule, PHMSA revises Sec.  
180.212(b)(2) to allow the machining of external threads on all 
seamless DOT specification 3AX, 3AAX, or 3T cylinders, or a seamless UN 
pressure receptacle originally manufactured without external threads. 
Additionally, PHMSA authorizes the machining of neck threads or 
rethreading of UN pressure receptacles regardless of whether the 
receptacle is mounted in a MEGC.

C. Clarification of the Requirements for Certain Non-Liquefied 
Compressed Gases

    In its petition (P-1717),\5\ FIBA requests that PHMSA consider an 
amendment to Sec.  173.302a(c) of the HMR for the special filling 
limits for DOT specification 3A, 3AX, 3AA, and 3AAX cylinders 
containing Division. 2.1 (flammable) gases. The HM-233F final

[[Page 15640]]

rule \6\ adopted DOT Special Permit (DOT-SP) 6530 \7\ into the HMR. 
This revision authorized the transportation in commerce of hydrogen and 
mixtures of hydrogen with helium, argon, or nitrogen in certain 
cylinders filled to 10 percent in excess of their marked service 
pressure. As part of the HM-233F final rule, PHMSA adopted safety 
control measures in paragraph (c)(3) of Sec.  173.302a instead of 
paragraph (c). In the NPRM, in response to FIBA's request, PHMSA 
proposed to amend Sec.  173.302a(c)(3) to clarify that the requirements 
in Sec.  173.302a(c)(3)(i) and (ii) are independent provisions. FIBA 
asserts this revision will accurately reflect the technical conditions 
associated with the design and manufactured properties of DOT 
specification 3A, 3AX, 3AA, and 3AAX cylinders.
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    \5\ P-1717--FIBA (PHMSA-2018-0075), https://www.regulations.gov/docket/PHMSA-2018-0075.
    \6\ 81 FR 3635 (Jan. 21, 2016).
    \7\ DOT SP-6530, https://cms7.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/offer/SP6530.pdf/2018019065/SP6530.
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    FIBA also submitted petition (P-1725) \8\ requesting further 
amendments to Sec.  173.302a(c), concurrent with those requested in P-
1717. In the NPRM, in response to FIBA's request, PHMSA proposed a 
requirement that the plus sign (+) be added following the test date 
marking on a DOT specification 3A, 3AX, 3AA, and 3AAX cylinder filled 
with hydrogen or mixtures of hydrogen with helium, argon, or nitrogen 
to signify that the cylinder may be filled to 10 percent in excess of 
its marked service pressure. Furthermore, FIBA requested that cylinders 
qualifying for the special filling limit in Sec.  173.302a(c) also be 
equipped with a pressure relief device (PRD), in accordance with CGA S-
1.1 (2011), rather than the requirements in Sec.  173.302a(c)(4), which 
could potentially conflict with each other. CGA S-1.1 prescribes 
standards for selecting the correct PRD to meet the requirements of 
Sec.  173.301(f) for more than 150 gases. It also provides guidance on 
when a PRD can be optionally omitted and when its use is prohibited, as 
well as direction on PRD manufacturing, testing, operational 
parameters, and maintenance. At the time FIBA submitted P-1725, CGA S-
1.1 (2011) had not been incorporated by reference into the HMR. Since 
then, the HM-234 final rule \9\ was published, which incorporated by 
reference CGA S-1.1 (2011) into the HMR and outlines the PRD 
requirements for cylinders filled with a gas and offered for 
transportation.
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    \8\ P-1725--FIBA (PHMSA-2018-0112), https://www.regulations.gov/docket/PHMSA-2018-0112.
    \9\ 85 FR 85380 (Dec. 28, 2020).
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    The plus sign marking (+) is associated with a commonly applied 
provision in the HMR that authorizes a DOT specification cylinder to be 
filled to 10 percent in excess of its marked pressure. FIBA states that 
the plus sign marking (+) is an important means of communicating to 
cylinder refillers that a cylinder can be filled to 10 percent more 
than its marked service pressure and, thus, should be added to the 
special filling requirements in Sec.  173.302a(c).
    As noted in the NPRM, PHMSA conducted a technical review of the 
proposals in both petitions along with DOT-SP 6530 and the HM-233F 
final rule. After this review, PHMSA noted in the NPRM that it agrees 
with FIBA that the safety control measures within DOT-SP 6530 were 
independent provisions. In the HM-233F final rule, PHMSA intended to 
adopt those provisions into the HMR as independent provisions and 
inadvertently adopted two of the safety controls in Sec.  
173.302(c)(3)(i) and (ii) as paragraphs of Sec.  173.302a(c)(3). In 
addition, the NPRM noted that PHMSA concurs that the revision to 
require the plus sign (+) on DOT specification 3A, 3AX, 3AA, and 3AAX 
cylinders filled with hydrogen or mixtures of hydrogen with helium, 
argon, or nitrogen would improve the safety of filling these cylinders 
by providing clarity on the conditions for special filling limits and 
helping prevent the overfilling of unauthorized cylinders. Finally, 
PHMSA noted it agrees that cylinders in hydrogen service that are 
filled to 10 percent in excess of its marked pressure should be 
equipped with a PRD that is selected as to type, location, and 
quantity, and tested in accordance with CGA S-1.1, in the same manner 
as is generally required for cylinders filled with a gas, in accordance 
with Sec.  173.301(f), instead of Sec.  173.302a(c)(4). PHMSA 
determined that CGA S-1.1 provides much greater specificity than Sec.  
173.302a(c)(4) about the type of pressure relief device required for a 
particular gas service. PHMSA now concludes that the amendments 
associated with P-1717 will provide greater clarity on requirements for 
cylinder design and manufacture, and will not represent any 
incremental, quantifiable safety effects because PHMSA already 
authorizes the transportation in commerce of hydrogen and mixtures of 
hydrogen with helium, argon, or nitrogen in certain cylinders filled to 
more than 10 percent of their marked service pressures. These 
amendments will also not impose any new or incremental cost because 
they merely reorganize the regulations for clarity. Additionally, while 
amendments associated with P-1725 would create a new requirement, PHMSA 
determines this amendment will result in only minimal incremental costs 
to the industry, and impose only minimal regulatory burden on small 
businesses or other entities. The additional request that the cylinders 
qualified for the special filling limit be equipped with pressure 
relief devices in accordance with CGA S-1.1 will not add any additional 
cost on affected industries or entities. Currently, Sec.  
173.302a(c)(4) contains the same requirements as CGA S-1.1 and 
therefore the addition of the CGA S-1.1 requirement will not cause any 
new additional costs beyond those already accounted for previously. A 
more detailed discussion of the economic analysis of the proposal can 
be found in the RIA posted to the docket for this rulemaking.
    PHMSA received a comment from CGA in support of the revision as 
proposed. PHMSA did not receive any comments in opposition to the 
proposed revision. Therefore, in this final rule, PHMSA revises Sec.  
173.302a(c) to reflect the safety provisions currently in Sec.  
173.302a(c)(3)(i) and (ii) are independent material construction 
requirements under paragraph (c) and as such have separated them into 
new paragraphs (c)(4) and (5). Moreover, PHMSA adds a requirement in 
Sec.  173.302a(c)(7) to require the plus sign (+) following the test 
date marking to indicate compliance with paragraph (c), indicating that 
the cylinder is allowed to be filled to more than 10 percent of its 
marked service pressure. Lastly, PHMSA replaces the PRD requirements--
found in current Sec.  173.302a(c)(4)--with a new Sec.  173.302a(c)(6). 
The new provision requires that cylinders must be equipped with PRDs 
sized and selected as to type, location, and quantity and tested in 
accordance with CGA S-1.1 (2011) and Sec.  173.301(f).

D. De Minimis Quantities of Poisonous Materials

    In its petition (P-1718),\10\ the Council on Safe Transportation of 
Hazardous Articles, Inc. (COSTHA) requests that PHMSA amend Sec.  
173.4b to harmonize the de minimis exceptions for Division 6.1, Packing 
Group (PG) I (no inhalation hazard) materials with international 
regulations, including the International Civil Aviation Organization 
Technical

[[Page 15641]]

Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) 
and the International Maritime Dangerous Goods Code (IMDG Code). The de 
minimis exceptions in the HMR provide relief from the general 
requirements of the HMR for certain hazardous materials shipped in 
extremely small quantities. The maximum quantity allowed in order to 
utilize the de minimis exception per inner receptacle is 1 mL for 
authorized liquids and 1 g for authorized solids. Additionally, the 
aggregate quantity per package may not exceed 100 mL for liquids and 
100 g for solids. The exception also requires cushioning and package 
testing requirements, along with specific provisions for certain 
materials.
---------------------------------------------------------------------------

    \10\ P-1718--COSTHA (PHMSA-2018-0077), https://www.regulations.gov/docket/PHMSA-2018-0077.
---------------------------------------------------------------------------

    International harmonization includes adopting changes in the HMR to 
improve regulatory consistency with international regulations and 
standards, such as the IMDG Code, the ICAO TI, and the UN 
Recommendations on the Transport of Dangerous Goods--Model Regulations 
(UN Model Regulations). Harmonization facilitates international trade 
by minimizing the costs and other burdens of complying with multiple or 
inconsistent safety requirements for transportation of hazardous 
materials. Safety is enhanced by creating a uniform framework for 
compliance. As the volume of hazardous materials transported in 
international commerce continues to grow, harmonization is increasingly 
important. Moreover, the Federal Hazardous Materials Transportation Law 
(HMTA; 49 U.S.C. 5101 et seq.) directs PHMSA to participate in relevant 
international standard-setting bodies and promotes consistency of the 
HMR with international transport standards to the extent practicable.
    The exceptions in the HMR for de minimis quantities were initially 
adopted in the HM-224D/HM-215J final rule \11\ in Sec.  173.4b of the 
HMR, and were intended to align with the provisions for de minimis 
exceptions found in the ICAO Technical Instructions and IMDG Code. 
However, HM-224D/HM-215J addressed exceptions for de minimis quantities 
of only Division 6.1, PG II and PG III hazardous materials. As noted in 
the PHMSA Letter of Interpretation (LOI) reference number (Ref. No.) 
17-0138,\12\ PHMSA considered exceptions for de minimis quantities of 
only Division 6.1, PG II and PG III hazardous materials in response to 
a petition for rulemaking.
---------------------------------------------------------------------------

    \11\ 74 FR 2200 (Jan. 14, 2009).
    \12\ PHMSA LOI 17-0138, https://www.phmsa.dot.gov/regulations/title49/interp/17-0138.
---------------------------------------------------------------------------

    In the NPRM, PHMSA proposed to harmonize the scope of the 
applicability of the de minimis exceptions with what is allowed under 
the international standards by including Division 6.1, PG I materials 
(no inhalation hazard). As discussed in the NPRM, a technical review of 
this petition found the inclusion of de minimis quantities for Division 
6.1, PG I (no inhalation hazard) materials into the international 
regulations can be traced back to working paper ST/SG/AC.10/C.3/2009/
45,\13\ which was submitted by the United States. Based on the review 
of this working paper, PHMSA noted that it had preliminarily concluded 
that Division 6.1, PG I (no inhalation hazard) materials should be 
included as part of the de minimis exception.
---------------------------------------------------------------------------

    \13\ Working paper ST/SG/AC.10/C.3/2009/45, https://unece.org/DAM/trans/doc/2009/ac10c3/ST-SG-AC10-C3-2009-45e.pdf.
---------------------------------------------------------------------------

    PHMSA noted in the NPRM that the primary concern regarding the 
transportation of a Division 6.1, PG I (no inhalation hazard) material 
is leakage from a package and potential human exposure. A leak of such 
a material poses a risk to human health by poisoning. To counter these 
concerns, this hazard is mitigated by the conditions for transportation 
in the de minimis exceptions, namely, imposing limitations on the 
quantities allowed to 1 mL or 1 g per inner receptacle. In addition, 
Sec.  173.4b requires that inner receptacles have removable closures 
sealed by wire, tape, or other positive means (see Sec.  173.4b(a)(2)), 
which limits the possibility for leakage. Furthermore, a Division 6.1 
PG I material that does not pose an inhalation hazard equally poses no 
vaporization risk should the package rupture. Lastly, de minimis 
packages are required to have cushioning and absorbent material that 
are not reactive with the hazardous material and can absorb the 
entirety of the package's contents if the receptacle ruptures. These 
requirements severely limit the risk of exposure presented by 
transportation of these materials.
    While maintaining safety as described in the prior paragraph, PHMSA 
concludes in this final rule that this harmonization will not impose 
any direct costs on industry, and will provide cost savings to shippers 
by providing the option to ship Division 6.1, PG I (no inhalation 
hazard) materials under the de minimis provisions that provide 
alternative communication and packaging requirements associated with 
the preparation of these packages. In total, PHMSA estimates that the 
revision will result in cost savings of approximately $178,570 
annually. A more detailed discussion of the economic analysis of the 
proposal can be found in the RIA posted to the docket for this 
rulemaking.
    PHMSA received comments from both COSTHA and DGAC in support of the 
revisions as proposed. PHMSA did not receive any comments in opposition 
to the proposed revision. Therefore, upon review of the COSTHA petition 
to revise the de minimis quantities exception to include Division 6.1, 
PG I materials (no inhalation hazard), PHMSA revises Sec.  173.4b to 
include Division 6.1, PG I materials (no inhalation hazard) to the list 
of authorized materials in Sec.  173.4b(a). PHMSA finds expanding the 
de minimis exceptions to Division 6.1, PG I materials (no inhalation 
hazard) will maintain the safety of transportation of hazardous 
materials and provide cost savings through alternative packaging 
options.

E. Clarification of the Marking Requirements for Button Cell Lithium 
Batteries Contained in Equipment

    In its petition (P-1726),\14\ COSTHA requests that PHMSA amend 
Sec.  173.185(c)(3) to clarify that lithium button cell batteries 
installed in equipment are excepted from the marking requirement and 
not subject to the quantity per package or per consignment limitation. 
Currently, Sec.  173.185(c)(3) states: ``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.'' In its petition, COSTHA asserts that the language and 
grammar used to convey the exception from display of the lithium 
battery mark has led some in industry to interpret the exception for 
button cell batteries to be dependent on the number of cells in a 
package or the number of packages in the consignment. Industry has made 
several requests for letters of interpretation--12-0261,\15\ 14-
0013,\16\

[[Page 15642]]

15-0171,\17\ and 16-0172 \18\--that illustrates the confusion within 
the regulated community.
---------------------------------------------------------------------------

    \14\ P-1726--COSTHA (PHMSA-2019-0002), https://www.regulations.gov/docket/PHMSA-2019-0002.
    \15\ PHMSA LOI 12-0261; https://cms7.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120261.pdf.
    \16\ PHMSA LOI 14-0013; https://cms7.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140013.pdf.
    \17\ PHMSA LOI 15-0171; https://cms7.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150171.pdf.
    \18\ PHMSA LOI 16-0172; https://cms7.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160172.pdf.
---------------------------------------------------------------------------

    PHMSA published final rule HM-224F \19\ to revise the HMR 
applicable to the transport of lithium cells and batteries, consistent 
with the UN Model Regulations, the ICAO Technical Instructions, and the 
IMDG Code. As part of final rule HM-224F, PHMSA consolidated the 
requirements for shipping and transporting lithium cells and batteries 
into Sec.  173.185 by:
---------------------------------------------------------------------------

    \19\ 79 FR 46011 (Aug. 6, 2014).
---------------------------------------------------------------------------

     Requiring cells and batteries to be tested in accordance 
with the latest revisions to the UN Manual of Tests and Criteria, and 
requiring manufacturers to retain evidence of successful completion of 
UN testing.
     Eliminating the exceptions for small cells and batteries 
in air transportation, except with respect to extremely small cells 
packed with or contained in equipment.
     Providing relief for (1) the shipment of low production 
run and prototype batteries, and (2) batteries being shipped for 
recycling or disposal.
    In the NPRM, PHMSA proposed to revise Sec.  173.185(c)(3) to 
clarify the applicability of the lithium battery mark exception for 
button cell batteries installed in equipment. Consistent with the 
COSTHA petition, PHMSA noted that its proposed revisions would clarify 
that the exception in Sec.  173.185(c)(3) applies when a package 
contains only button cell batteries installed in equipment; or when 
there is a consignment consisting of two packages or less, and each 
package contains no more than four lithium cells or two batteries 
installed in equipment.
    PHMSA now concludes that this revision to the HMR is neither 
expected to result in a cost to industry nor a change to the safety 
requirements for packages containing lithium button cell batteries 
contained in equipment. The revision simply clarifies how the exception 
is applied for better understanding by the reader. Since PHMSA already 
authorizes this lithium battery mark exception, the change will not 
represent a quantifiable safety effect. Qualitatively, improved 
regulatory clarity will assist the regulated community in complying 
with the requirement and properly exercising the exception. Some 
entities were reasonably confused by the current text and applied the 
required mark unnecessarily. To the extent this occurred, the revision 
could provide economic benefit while maintaining safety. PHMSA 
determines there is limited risk in excepting packages of button cell 
lithium batteries installed in equipment from the lithium battery mark. 
A more detailed discussion of the economic analysis of the proposal can 
be found in the RIA posted to the docket for this rulemaking.
    PHMSA received comments from both COSTHA and DGAC in support of 
this revision as proposed. PHMSA did not receive any comments in 
opposition to the proposed revision. Therefore, PHMSA now revises the 
introductory language in Sec.  173.185(c)(3) to clarify that lithium 
button cell batteries installed in equipment are not subject to any 
quantity per package or consignment limitations when applying the 
exception.

F. Incorporate by Reference CGA C-20 (2014)

    In its petition (P-1727),\20\ CGA requests that PHMSA incorporate 
by reference CGA C-20 (2014), ``Requalification Standard for Metallic, 
DOT, and TC 3-Series Gas Cylinders and Tubes Using Ultrasonic 
Examination, Second Edition.'' CGA also proposes to revise Sec.  
180.205 to reflect the ultrasonic examination (UE) methods authorized 
by CGA C-20. CGA C-20 are an industry standard for the periodic 
requalification of certain metallic DOT and Transport Canada (TC) 3-
series cylinders and tubes. CGA asserts that the incorporation by 
reference of CGA C-20 would eliminate the need for many special permits 
that authorize the use of UE methods and would harmonize the various UE 
methods to requalify these pressure receptacles. CGA further asserts 
that this standard would establish a uniform set of techniques, uniform 
acceptance and rejection criteria, and a standard calibration method 
used during the requalification process of these 3-series gas cylinders 
and tubes, in contrast to the current special permits, which vary on 
the requirements associated with use of the UE nondestructive testing 
methodology for requalification. Finally, the petition asserts that the 
incorporation by reference of CGA C-20 would enhance public safety by 
clarifying and mandating consistent requalification practices using UE 
throughout the gas industry. In the NPRM, PHMSA proposed the 
incorporation by reference of CGA C-20 (2014), ``Requalification 
Standard for Metallic, DOT and TC 3-Series Gas Cylinders and Tubes 
Using Ultrasonic Examination, Second Edition'' and to revise Sec.  
180.205 to reflect the UE methods authorized by CGA C-20 (2014).
---------------------------------------------------------------------------

    \20\ P-1727--CGA (PHMSA-2019-0007), https://www.regulations.gov/docket/PHMSA-2019-0017.
---------------------------------------------------------------------------

    CGA C-20 identifies and describes the various acceptable UE methods 
that may be used in place of the baseline HMR requirements (e.g., 
internal visual inspection and hydrostatic requalification methods) 
used to examine certain metallic DOT/TC 3-series gas cylinders and 
tubes. This standard also specifies the allowable flaw acceptance/
rejection criteria.
    Under the HMR, requalification periods for DOT/TC 3-series 
specification cylinders range from three to 12 years, depending on the 
specification under which each cylinder was made (e.g., 3, 3AA, etc.). 
Periodic requalification ensures the safety of cylinders by checking 
for leaks and damage that might threaten the integrity of a cylinder. 
Cylinders are requalified using volumetric expansion testing, proof 
pressure testing, and external and internal visual inspections. 
Currently, a person must apply for a special permit in order to receive 
authorization to use UE in lieu of the requalification requirements in 
Sec.  180.205.
    CGA notes that the increased use of UE necessitates clear and 
consistent instruction in the application of this technical method, as 
well as the adherence to proper calibration and acceptance/rejection 
criteria. CGA asserts that the modifications ensure that this 
requalification method is applied consistently to safeguard cylinder 
serviceability.
    PHMSA noted in the NPRM that it had participated in the task force 
meetings, provided technical assistance during the development of CGA 
C-20, and completed a technical review of the final standard. As 
discussed in the NPRM, PHMSA has conducted a technical review and 
determined that the CGA C-20 standard will positively impact safety by 
prescribing appropriate procedures for applying UE as the 
requalification method for DOT/TC 3-series cylinders and tubes.
    The total cost savings for industry regarding requalification using 
CGA C-20 is based on the number of active special permits and the costs 
associated with periodic renewal of the special permit. We estimate 
average annual industry cost savings of $30,313 due to companies no 
longer being required to apply for a special permit. A more detailed 
discussion of the economic analysis of this revision can be found in

[[Page 15643]]

the RIA posted to the docket for this rulemaking.
    PHMSA received comments from CGA and DGAC in support of the 
revisions as proposed. PHMSA did not receive any comments in opposition 
to the proposed revisions. Therefore, PHMSA adds a reference to CGA C-
20, ``Methods For Ultrasonic Examination Of Metallic, DOT, And TC 3-
Series Gas Cylinders And Tubes, Second Edition,'' in Sec.  171.7, and 
revises Sec.  180.205 to reflect the UE methods authorized by CGA C-20. 
In addition, as proposed in the NPRM, PHMSA revises Sec.  180.205(i) to 
state that when a cylinder containing hazardous materials is condemned, 
the requalifier must stamp the cylinder ``CONDEMNED'' and affix a 
readily visible label on the cylinder stating: ``UN REJECTED, RETURNING 
TO ORIGIN FOR PROPER DISPOSITION.'' PHMSA also is clarifying that the 
requalifier may only transport the condemned cylinder by private motor 
vehicle carriage to a facility capable of safely removing the contents 
of the cylinder. Lastly, the NPRM inadvertently left out necessary 
revisions to table 1 to paragraph (a) in Sec.  180.209 that reference 
the inclusion of UE for DOT 3T cylinders and certain special permit 
cylinders. Therefore, in this final rule, PHMSA is revising table 1 to 
paragraph (a) in Sec.  180.209 to reference UE for the cylinders 
intended to be allowed to undergo UE as proposed and revised in Sec.  
180.205.

G. Gas Mixtures Containing Components Defined as Liquefied Gases

    In its petition (P-1728),\21\ CGA proposes that PHMSA authorize an 
alternative description of gas mixtures containing components defined 
as liquefied gases. The CGA petition would revise the HMR to allow for 
a gas mixture with components that meet the definition of liquefied 
compressed gas in Sec.  173.115(e) to be described as a ``compressed 
gas'' when the partial pressures of the liquefied gas components of the 
mixture are intentionally reduced so that liquefaction does not occur 
at 20 [deg]C (68 [deg]F). CGA requests in its petition that special 
provisions be added to Column (7) in the Hazardous Material Table (HMT) 
in Sec.  172.101 applicable to liquefied gas mixtures. In the NPRM, 
PHMSA proposed to revise Sec.  173.115(e) to allow for a gas mixture 
with components that meet the definition of liquefied compressed gas to 
be described as a ``compressed gas'' when the partial pressures of the 
liquefied gas components of the mixture are intentionally reduced so 
that liquefaction does not occur at 20 [deg]C (68 [deg]F).
---------------------------------------------------------------------------

    \21\ P-1728--CGA (PHMSA-2019-0018), https://www.regulations.gov/docket/PHMSA-2019-0018.
---------------------------------------------------------------------------

    Some compressed gas mixtures contain components that when shipped 
in their pure form would be considered a liquefied gas. However, when 
the gas is in a mixture, it can be manipulated to be entirely gaseous 
at its intended use temperature of 20 [deg]C (68 [deg]F) by reducing 
the components' partial pressures. Partial pressure is the pressure 
that would be exerted by one of the gases in a mixture if it occupied 
the same volume on its own. The sum of all components' partial 
pressures equals the total pressure of the mixture. Therefore, partial 
pressure can be lowered by lowering pressure generally (e.g., by 
lowering temperatures or increasing volume) or altering the ratio of 
gases in the mixture.
    As noted in the NPRM, PHMSA has conducted a technical review of 
this petition and concludes in this final rule that it agrees with CGA 
that when the gas is in a mixture, it can be manipulated to be entirely 
gaseous at its intended use temperature of 20 [deg]C (68 [deg]F) by 
reducing the components' partial pressures. PHMSA notes that during 
transportation, the gas mixture or its components may partially 
liquefy, forming condensation on the container wall, if ambient 
temperatures are lower than 20 [deg]C (68 [deg]F), but still above -50 
[deg]C (-58 [deg]F). When the mixture returns to its use temperature, 
the condensation will transform back to the gaseous state. There are 
scenarios where a gas mixture might contain a component that meets the 
definition of a liquefied compressed gas, and under small temperature 
changes, a cloud or condensation could build up inside the cylinder. 
This could lead to the ``liquefied compressed gas'' description 
potentially misrepresenting the cylinder's contents to first responders 
and end users. Moreover, while CGA does not cite a safety concern with 
the current requirements under the HMR, they do note that there can be 
confusion among stakeholders when the content of a cylinder is 
described as a liquefied compressed gas, but resembles a non-liquefied 
compressed gas during transportation and use. Thus, PHMSA has 
determined that this revision is safety neutral or slightly improves 
safety. However, PHMSA disagrees with the CGA petition to use a special 
provision to allow for the description of a gas mixture with components 
that meet the definition of liquefied compressed gas to be described as 
a ``compressed gas.'' Instead, PHMSA believes that the most appropriate 
change is to amend the definition of a non-liquefied compressed gas in 
Sec.  173.115(e), as revising the regulatory text provides a clearer 
connection for all stakeholders who ship these gases.
    This revision to the HMR will not result in any cost to industry or 
impose any regulatory burden on small businesses. Given that industries 
already must describe shipments of these materials on a shipping paper, 
and communicate information about the material and the hazard on the 
package, there will be little to no cost on entities to change the 
hazard communication. A more detailed discussion of this economic 
analysis of this revision can be found in the RIA posted to the docket 
for this rulemaking.
    PHMSA received comments from CGA in support of the revisions as 
proposed. PHMSA did not receive any comments in opposition to the 
proposed revision. Therefore, PHMSA revises the HMR to allow certain 
mixtures of gas with component(s) considered liquefied gas, in 
accordance with Sec.  173.115(e), to be described as a ``compressed 
gas'' and considered a non-liquefied gas, in accordance with Sec.  
173.115(d). PHMSA revises Sec.  173.115(e) to clarify that gas mixtures 
with component(s) considered liquefied gases may be described using the 
appropriate hazardous materials description of a non-liquefied 
compressed gas in the HMT in Sec.  172.101 when the partial pressure(s) 
of the liquefied gas component(s) in the mixture are reduced so that 
the mixture is entirely in the gas phase at 20 [deg]C (68 [deg]F).

H. Incorporate by Reference CGA C-23 (2018)

    In its petition (P-1729),\22\ CGA requested that PHMSA incorporate 
by reference CGA C-23 (2018), ``Standard for Inspection of DOT/TC 3 
series and ISO 11120 Tube Neck Mounting Surfaces, Second Edition,'' 
into Sec.  171.7 of the HMR. CGA also requested that PHMSA revise 
Sec. Sec.  180.205 and 180.207 to reference the requirements in CGA C-
23. CGA C-23 defines a tube as a seamless pressure vessel authorized 
for transportation only when horizontally mounted on a motor vehicle or 
in an ISO framework. Tube modules are also commonly known as skid 
containers, ISO skids, ISO containers, or MEGCs. Sections 180.205 and 
180.207 outline the general requirements for the requalification of 
specification cylinders and UN pressure receptacles. The CGA petition 
would require all requalifiers of tube trailers, skid containers, or 
MEGCs

[[Page 15644]]

to periodically disassemble equipment and perform an examination of 
tube neck mounting surfaces, in accordance with CGA C-23. In the NPRM, 
PHMSA proposed to incorporate by reference CGA C-23 (2018), ``Standard 
for Inspection of DOT/TC 3 series and ISO 11120 Tube Neck Mounting 
Surfaces, Second Edition,'' into Sec.  171.7 and revise Sec. Sec.  
180.205 and 180.207 to reference the requirements in CGA C-23.
---------------------------------------------------------------------------

    \22\ P-1729--CGA (PHMSA-2019-0059), https://www.regulations.gov/docket/PHMSA-2019-0059.
---------------------------------------------------------------------------

    PHMSA noted in the NPRM that these tubes are typically mounted to a 
semitrailer by engaging the threaded surface on either end of the tube 
with flanges built into the bulkheads located on opposing ends of the 
trailer. Although secured in place, these mounting points support the 
full weight of the tube and, during transportation, are subjected to 
jostling, temperature changes, and all the dynamic forces associated 
with the acceleration/deceleration of the transport vehicle. 
Consequently, the constant motion and wear between the tube's threaded 
mounting surfaces and the flanges causes, over time, the deterioration 
of the mounting threads. This deterioration necessitates the periodic 
disassembly of the tubes from the trailer to inspect them. Therefore, 
CGA C-23 provides instructions on how to inspect and evaluate DOT/TC 3-
Series and ISO 11120 tubes that are 12 feet (3.7 m) or longer; have an 
outside diameter greater than or equal to 18 inches (457 mm); and are 
supported by a neck mounting surface. In addition, CGA C-23 provides 
methods to assess the integrity of tube necks, including but not 
limited to, damage to mounting threads or to pin or set screw marks, as 
well as other damage. The assessment as outlined in C-23 provides a 
method for the identification of rejected tubes so that they can be 
removed from service, thereby improving the safe transportation of 
these horizontally mounted cylinder types.
    The NPRM also noted that CGA C-23 was developed in response to an 
incident where a DOT specification 3AAX cylinder was ejected from a 
semitrailer and ruptured upon initial impact with the roadway. CGA 
determined that the root cause of the ejection, which contributed to 
the severity of the incident, was the condition of the connection 
between the tube neck and flange. CGA asserts that CGA C-23 will 
enhance the inspection process to include the inspection of the tube 
mounting and replacement of flanges.
    The HMR currently do not reference CGA C-23, but PHMSA references 
the standard as a safety control in DOT special permits, such as DOT 
SP-14206.\23\ These special permits allow for the requalification of 
DOT specification cylinders and UN tubes by UE or acoustic emission 
testing (AET), with a follow-up UE, instead of the hydrostatic test 
currently required under the HMR. These methods are used to ensure the 
cylinders and tubes remain qualified for hazardous materials service. 
Moreover, the UE and AET methods are non-destructive methods of 
examination and are alternatives to the hydrostatic method. 
Additionally, the HMR do not require periodic inspection and evaluation 
of the tube neck mounting surfaces. The CGA petition would enhance 
transportation safety of these larger cylinders and tubes by including 
inspection of the tube mounting threads as part of the requalification 
process.
---------------------------------------------------------------------------

    \23\ DOT SP-14206, https://www.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/offer/SP14206.pdf/offerserver/SP14206.
---------------------------------------------------------------------------

    The language recommended by CGA would require both specification 
DOT 3-series and UN tubes that are 12 feet or longer, with an outside 
diameter greater than or equal to 18 inches and supported by the neck 
mounting surface during transportation in commerce, to be inspected at 
least every 10 years in accordance with CGA C-23. CGA also proposes new 
language in Sec. Sec.  180.205(d) and 180.207(d) to require DOT 3-
series and UN tubes that show evidence of corrosion to the neck threads 
to be removed and examined in accordance with CGA C-23 before being 
rejected or returned to service. As noted in the NPRM, PHMSA conducted 
a technical review of the CGA petition and determined that the 
incorporation by reference of CGA C-23 will enhance safety by 
implementing a periodic inspection of the mounting of these tubes. 
Moreover, the requirements of CGA C-23 are consistent with the safety 
controls referenced in DOT-SP 14206. There are also improvements 
offered by the CGA C-23 standard versus the procedures outlined in DOT-
SP 14206, such as a table that contains specific dimensional values for 
use in defining acceptance criteria for tubes with local thin areas 
(LTA). However, PHMSA noted in the NPRM that it had found the CGA 
proposals in Sec. Sec.  180.205(d)(5) and 180.207(d)(1)(iii) requiring 
the disassembly of the tube module when visible corrosion in the neck 
region is present to be too vague. Therefore, PHMSA references the 
figures and descriptions provided in Section 4.2 of the CGA C-23 
standard for extreme neck thread wear conditions in Sec. Sec.  
180.205(d)(5) and 180.207(d)(1)(iii) to clarify conditions when 
disassembly of the tube module is required.
    PHMSA has determined that incorporating by reference CGA C-23 into 
the HMR will enhance safety for industry and stakeholders by codifying 
the tube neck thread inspection procedures. PHMSA estimates there will 
be a one-time cost for industry participants to purchase the CGA C-23 
standard. With respect to inspections, there may be some minimal 
administrative costs associated with special permit holders' permits to 
reflect the codification of CGA C-23-2018 into the code, but these 
special permit holders should have been following the requirements of 
CGA C-23-2018 already. A more detailed discussion of this economic 
analysis of this revision can be found in the RIA posted to the docket 
for this rulemaking. PHMSA received comments from CGA in support of 
these revisions as proposed. PHMSA did not receive any comments in 
opposition to the proposed revision. Therefore, PHMSA revises Sec.  
171.7 to incorporate by reference CGA C-23, ``Standard for Inspection 
of DOT/TC 3-Series and ISO 11120 Tube Neck Mounting Surfaces, 2nd 
Edition.'' PHMSA also adds Sec.  180.205(c)(5) to state that DOT 3-
series cylinders horizontally mounted on a motor vehicle or in a 
framework, and longer than 12 feet, shall be inspected in accordance 
with CGA C-23 every 10 years; and adds Sec.  180.205(d)(5) to specify 
conditions (as outlined in Section 4 of CGA C-23) requiring removal and 
inspection in accordance with CGA C-23. The current Sec.  180.205(d)(5) 
requiring testing and inspection if the Associate Administrator 
determines that the cylinder may be in an unsafe condition is 
renumbered as paragraph (d)(6). PHMSA also revises Sec.  
180.205(i)(2)(i)(C) to state that the requalifier must stamp the 
cylinder ``CONDEMNED'' and affix a readily visible label on the 
cylinder stating ``UN REJECTED, RETURNING TO ORIGIN FOR PROPER 
DISPOSITION'' for a condemned cylinder that contains hazardous 
materials. The requalifier may only transport the condemned cylinder by 
private motor vehicle carriage to a facility capable of safely removing 
the contents of the cylinder. Finally, PHMSA adds Sec.  
180.207(d)(1)(ii) to state that steel UN tubes horizontally mounted on 
a motor vehicle or in a framework, and longer than 12 feet, shall be 
inspected in accordance with CGA C-23 every 10 years; and to specify 
conditions (as outlined in Section 4 of CGA C-23) requiring removal and 
inspection in accordance with Section 6 of CGA C-23. The text at the 
current

[[Page 15645]]

Sec.  180.207(d)(1) is renumbered as paragraph (d)(1)(i).
    Lastly, PHMSA notes that the NPRM proposed language in Sec.  
180.205(c) regarding the grace period allowed for neck thread 
inspections with respect to requalification times. However, PHMSA 
asserts that this proposed language is redundant with the language 
already incorporated by reference in CGA C-23, Section 4, and thus not 
needed as this text would be duplicative.

I. Incorporate by Reference IME Safety Library Publication 23 (SLP-23)

    In its petition (P-1731),\24\ the IME proposes that PHMSA 
incorporate by reference an updated version of IME SLP-23 (2021), 
titled ``Recommendations for the Transportation of Explosives, Division 
1.5; Ammonium Nitrate Emulsions, Division 5.1; and Combustible Liquids 
in Bulk Packaging.'' IME states that these revisions and improvements 
to the standard reflect technological advances and best practices in 
the industry that will maintain a high level of safety. In the NPRM, 
PHMSA proposed to incorporate by reference IME SLP-23 (2021) into Sec.  
171.7. SLP-23 (2021) outlines the requirements for transporting certain 
explosives and ammonium nitrate emulsions, classified as oxidizers, to 
ensure their safe and efficient transport in bulk packagings by 
highway, vessel, and rail. These bulk packagings can either be DOT 
specification or non-DOT specification packagings (e.g., cargo tanks or 
portable tanks) adapted to accommodate the physical and chemical 
properties of the bulk explosives, oxidizers, or fuel oil transported. 
SLP-23 (2021) makes several non-substantive changes and editorial 
clarifications from the previous publication. Non-substantive changes 
include changing the structure of SLP-23 to read more consistently with 
the HMR and editorial revisions.
---------------------------------------------------------------------------

    \24\ P-1731--IME (PHMSA-2019-0062), https://www.regulations.gov/docket/PHMSA-2019-0062.
---------------------------------------------------------------------------

    Substantive changes to SLP-23 (2021) include:
     Deletion of the Vented Pipe Test (VPT) in Appendix A
    Currently, SLP-23 (2011) requires both bulk Division 1.5 explosives 
and Division 5.1 ammonium nitrate emulsions to pass the VPT. The 
updated SLP-23 removes the VPT test for these materials. IME asserts 
that the VPT is not applicable to Division 5.1 and Division 1.5 
materials and adds that, as outlined in portable tank instruction TP 32 
(applicable to UN0331, UN0332, and UN3377 materials), the VPT is 
required only to demonstrate suitability for containment in tanks as an 
oxidizer for ammonium nitrate-based emulsions (ANEs) classified as 
Division 5.1, UN3375. Additionally, IME notes that a significant change 
to the requirements applicable to the testing of ANEs was approved by 
the UN Sub-Committee of Experts on the Transport of Dangerous Goods at 
its 54th Session (Nov/Dec 2018). Under the new testing regime, 
acceptance criteria will require passing either test series 8(a), 8(b), 
and 8(c), or if the substance fails the 8(c) test (i.e., the ``Koenen 
Test'') and the substance had a time to reaction in that test longer 
than 60 seconds and a water content greater than 14 percent, the 
material would be required to pass test series 8(a), 8(b), and 8(e). 
Test 8(e) is the Minimum Burning Pressure test (MBP). IME noted that 
industry is currently gathering data to determine whether use of the 
MBP test obviates the need for the VPT because, in essence, the VPT is 
a scaled-up Koenen Test and, therefore, has the same limitations 
associated with extended time of heating.
     Allowing operators to continually monitor driver 
qualifications and training instead of conducting an annual audit, as 
currently required in SLP-23 (2011).
    IME notes that the current requirement for an ``annual audit'' is 
inadequate to ensure that driver qualification and training programs 
are comprehensive, effective, and being implemented properly. IME 
believes that limiting oversight of the program to an annual audit 
provides less assurance that operators are compliant than would a 
requirement to continually monitor the driver qualification program.
    In addition, IME requests revisions to the HMR that coincide with 
the incorporation by reference of SLP-23 (2021). IME requests the 
adoption of DOT-SP 8723, which authorizes ``UN0332, Explosive, 
Blasting, type E,'' ``UN3375, Ammonium nitrate emulsion,'' and 
``UN3139, Oxidizing liquid n.o.s. (PG II)'' to be transported in IM 101 
and 102 portable tanks. IME explains that continuing to operate under 
DOT-SP 8723 imposes additional administrative costs to both industry 
and PHMSA, and that one of the advantages of incorporating by reference 
SLP-23 (2011) into the HMR was the elimination of SPs governing bulk 
transportation of certain materials manufactured and used by the 
commercial explosives industry. IME asserts that failure to include the 
provisions from DOT-SP 8723 was an oversight when SLP-23 (2011) was 
originally incorporated by reference into the HMR. In addition to the 
administrative cost savings noted above, IME adds that the conversion 
of SPs into regulations provides certainty to the regulated community, 
and increases transparency for government, stakeholders, and the 
public. IME proposes that TP codes be assigned to ``UN0332, Explosive, 
blasting, type E,'' ``UN3375, Ammonium nitrate emulsion,'' and 
``UN3139, Oxidizing liquid, n.o.s., PG II'' to authorize the use of IM 
101 and 102 portable tanks when transported under SLP-23 (2021). 
Lastly, IME proposes a revision to Sec.  173.251 to state that this 
section is not applicable when UN3375 is transported in IM 101 or 102 
portable tanks in accordance with SLP-23 (2021).
    As noted in the NPRM, PHMSA conducted a technical review of the 
revisions to SLP-23 (2021) and concurs with IME that most of the 
changes in IME SLP-23 (2021) are either non-substantive or editorial in 
nature. PHMSA does not believe, however, that sufficient data was 
provided by IME to no longer require the VPT for Division 1.5 blasting 
explosives and Division 5.1 ANEs when transported in bulk. While it is 
true that the UN Subcommittee has discussed whether the VPT is 
beneficial for ANEs when transported in bulk, the discussions are still 
in preliminary stages and pending further review by the UN 
Subcommittee. If these provisions are adopted by the UN, PHMSA may 
consider changes to VPT requirements in a future international 
harmonization rulemaking, but PHMSA declines to incorporate that 
revision at this time. PHMSA also concurs with IME that an annual audit 
is inadequate to ensure that driver qualification and training programs 
are comprehensive, effective, and being implemented properly. A 
continual monitoring program better ensures compliance with the driver 
qualification requirements. While the timing of the oversight of 
requirements would change--i.e., continuous monitoring instead of an 
annual audit--the current elements of the qualification and training 
program would remain unchanged.
    Lastly, PHMSA concurs that there is sufficient merit to adopt the 
provisions of DOT-SP 8723 to authorize ``UN0332, Explosive, blasting, 
type E,'' ``UN3375, Ammonium nitrate emulsion,'' and ``UN3139, 
Oxidizing liquid, n.o.s., PG II'' to be transported in IM 101 and 102 
portable tanks when shipped under SLP-23 (2021). This would include a 
conforming revision to indicate that Sec.  173.251 does not apply when 
UN3375 material is transported in IM 101 or 102 portable tanks in 
accordance with SLP-23. PHMSA has determined that these revisions 
maintain the safety of bulk transport of these materials because the

[[Page 15646]]

SLP-23 (2011) standard currently incorporated by reference already 
authorizes larger bulk quantities consistent with the hazardous 
material offered in accordance with DOT-SP 8723 and is supported by a 
safety record of use for 10 years. PHMSA concludes that the revisions 
to IME SLP (2021) will streamline regulatory requirements without a 
negative impact on safety. PHMSA quantified the effects of removing the 
administrative requirements of applying for a special permit and 
estimates the average annual cost savings to be $6,746 per year. There 
are several other effects of the proposal that may result in costs, 
cost savings, and benefits, but these results are less certain and are 
described qualitatively. A more detailed discussion of the economic 
analysis of this revision can be found in the RIA posted to the docket 
for this rulemaking. IME provided comments mostly in support of the 
proposed incorporation of IME SLP-23 (2021). However, IME also provided 
comments on potential revisions to the applicability of IME SLP-23 
(2021). IME notes that since the publication of SLP-23 (2021), PHMSA 
has authorized the use of UN T11 portable tanks in DOT-SP 8723 \25\ for 
``UN0332, Explosive, blasting, type E or Agent blasting, Type E'', 
``UN3375, Ammonium nitrate emulsion or Ammonium nitrate suspension or 
Ammonium nitrate gel, intermediate for blasting explosives'' and 
``UN3139, Oxidizing liquid, N.O.S.'' In its comments, IME request that 
the IME SLP-23 (2021) be revised to include the addition of T11 UN 
portable tanks for these materials.
---------------------------------------------------------------------------

    \25\ https://www.phmsa.dot.gov/hazmat/documents/offer/SP8723.pdf/offerserver/SP8723.
---------------------------------------------------------------------------

    IME also notes that the use of intermediate bulk containers (IBCs) 
is not expressly authorized under IME SLP-23 (2021) despite their 
historical use for the transportation of bulk explosives. IME adds that 
the HM-233D final rule,\26\ titled ``Hazardous Materials: Requirements 
for the Safe Transportation of Bulk Explosives,'' incorporated by 
reference the IME SLP-23 (2011), which in turn incorporated several DOT 
special permits authorizing the transportation of certain explosives in 
bulk containers. One such special permit, DOT-SP-11579,\27\ authorized 
the transportation of blasting materials/ammonium nitrate emulsions in 
certain IBCs. IME SLP-23 (2021) specifically authorizes bulk packages 
for materials authorized under Sec. Sec.  173.240 (UN0331 and NA0331) 
and 173.242 (UN0332 and UN3375). IME adds that both regulatory 
provisions limit the transportation of these materials in IBCs to 
materials for which the IBC type is authorized, according to the IBC 
packaging code, specified for the specific hazardous material in Column 
(7) of the HMT in Sec.  172.101. Lastly, IME notes that there are no 
IBC packaging codes for NA0331, UN0331, and UN0332 in Column (7) of the 
HMT and, accordingly, their transportation in IBCs is currently 
prohibited. IME states that it was not their intention to exclude IBCs 
for these materials when the incorporation of SLP-23 (2011) was 
originally requested. IME also does not believe it was PHMSA's intent 
to exclude these materials for transportation in IBCs, since SP-11579 
was expressly incorporated into the HMR as part of that incorporation 
action. IME requests that PHMSA either revise SLP-23 (2021) to state 
that the IBC code requirements in Sec. Sec.  173.240 and 173.242 are 
inapplicable, or amend the HMT to include an IBC Code for the 
materials.
---------------------------------------------------------------------------

    \26\ 80 FR 79423 (Dec. 21, 2015).
    \27\ https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/SP11579_2010010140.pdf.
---------------------------------------------------------------------------

    With respect to T11 UN portable tanks, PHMSA agrees that there is 
no technical reason to not include UN portable tanks for the 
transportation of bulk explosives under SLP-23 (2021). Additionally, 
PHMSA does not believe there is any technical reason to not allow the 
use of IBCs as requested in SLP-23(2021). However, the APA requires 
that the public have an opportunity to comment on regulations before 
they take effect, so any requirements not proposed in the earlier 
notice cannot be included in this final rule. PHMSA encourages IME to 
submit a petition for rulemaking to incorporate by reference a revised 
version of the SLP-23 publication with the revisions that would 
authorize these packages in a revised version of SLP-23. Until then, 
PHMSA encourages IME's members to continue to renew DOT SP-8723 for the 
use of UN portable tanks. Additionally, PHMSA encourages those entities 
wanting to transport NA0331, UN0331, and UN0332 in IBCs to apply for a 
special permit similar to what was allowed in DOT SP-11579.
    IME also notes that Section I of IME SLP-23 (2021), titled 
``Standards for Transporting a Single Bulk Hazardous Material for 
Blasting by Cargo Tank Motor Vehicles,'' contains a subsection G, which 
addresses the ``Security and Safety of the Bulk Hazardous Materials 
Transported under the Provisions of IME SLP-23.'' IME SLP (2021) 
Section II is titled ``Standards for Cargo Tank Motor Vehicles Capable 
of Transporting Multiple Hazardous Materials for Blasting in Bulk and 
Non-Bulk Packaging.'' IME notes that the safety and security 
requirements are only found in paragraph G of Section I and not Section 
II. IME adds that one could interpret the applicability of the safety 
and security provisions in paragraph G to Section I as only applying to 
CTMVs carrying a single bulk hazardous material. IME states that its 
intent was to apply safety and security precautions found in paragraph 
G of Section I to all CTMVs, regardless of whether they are carrying a 
single hazardous materials or multiple hazardous materials. 
Accordingly, IME recommends that Section II of SLP-23 be amended to 
include the same safety and security requirements found in Section I.
    As previously stated, under the APA, PHMSA cannot incorporate by 
reference in the final rule a version of the IME SLP-23 other than the 
version proposed in the NPRM. The HMR already requires that certain 
hazardous materials shippers and carriers develop and implement 
security plans. Specifically, Sec.  172.802 states that security plans 
must be developed and adhered to by shippers and carriers of certain 
hazardous materials in specified quantities, including Division 1.1, 
1.2, or 1.3 explosives; spent nuclear fuel; highway route controlled 
quantities of radioactive materials; and more than 25 kg of Division 
1.5, 1.3, or 1.1 explosives. Security plans must include an assessment 
of possible transportation security risks and appropriate measures to 
address those risks. Specific elements such as personnel security, 
unauthorized access, and en route security must be addressed.
    The safety and security requirements, as outlined in paragraph G of 
Section 1 of SLP-23 (2021), act as guidance for how CTMVs used to 
transport bulk shipments of hazardous materials can comply with the 
regulatory requirements currently found in Sec.  172.802. Although 
paragraph G is not currently listed in Section II of SLP-23 (2021) for 
CTMVs containing multiple hazardous materials, PHMSA believes it 
reasonable to clarify in the preamble to the final rule that the safety 
and security requirements found in paragraph G of Section 1 should also 
be applied to shipments of multiple hazardous materials in bulk, in 
order to comply with the requirements in Sec.  172.802. PHMSA 
encourages IME to note on its website for downloading SLP-23 that the 
safety and security requirements found in paragraph G of Section I can 
also be used in Section II in order to meet the regulatory requirements 
in Sec.  172.802. Additionally, IME is also encouraged to petition 
PHMSA to incorporate a new version of SLP-23

[[Page 15647]]

which makes the safety and security requirements clearer to the users 
of SLP-23.
    Lastly, IME notes that the current title of Section I of IME SLP-23 
(2021) is ``Standards For Transporting A Single Bulk Hazardous Material 
for Blasting by Cargo Tank Motor Vehicles.'' IME notes that a strict 
reading of the title implies that Section I is limited to bulk 
transport by cargo tank motor vehicle (CTMV). However, paragraph B of 
Section I specifically states that ``highway, vessel, and rail are 
authorized modes for the transportation of the bulk hazardous materials 
listed in Section I.A.1 in bulk packagings.'' In order to eliminate any 
confusion caused by this contradictory language, IME recommends that 
the title of Section I be modified to read ``Standards for Transporting 
a Single Bulk Hazardous Material for Blasting.'' In addition, IME 
requests that a revision be made to Special Provision 148 and Sec.  
173.66, which specifically reference the title of Section I of IME SLP-
23 (2021).
    As previously stated, under the APA, PHMSA cannot incorporate by 
reference in the final rule a version of the IME SLP-23 other than the 
version proposed in the NPRM. However, PHMSA is clarifying in the 
preamble to this final rule that since paragraph B of Section 1 clearly 
states that ``highway, vessel, and rail are authorized modes for the 
transportation of the bulk hazardous materials listed in Section I.A.1 
in bulk packagings,'' the transportation of bulk explosives under IME 
SLP-23 applies to the highway, vessel, and rail modes provided the 
shipment of such materials is approved by the relevant mode in the HMT. 
As previously stated, PHMSA encourages IME to submit a petition for 
rulemaking to revise the HMR and provide an updated version of IME SLP-
23 that clarifies this issue further.
    Therefore, PHMSA incorporates by reference SLP-23 (2021), 
``Recommendations for the Transportation of Explosives, Division 1.5; 
Ammonium Nitrate Emulsions, Division 5.1; and Combustible Liquids in 
Bulk Packaging,'' as proposed into Sec.  171.7(r)(2) and replaces the 
2011 edition currently incorporated by reference in the HMR. PHMSA also 
revises special provision 148 to clearly state that the VPT 
requirements in SLP-23 (2011) would still apply. PHMSA also adds new 
special provision TP48 to Sec.  172.102(c)(8) to authorize the use of 
IM 101 and 102 portable tanks for ANEs when transported under SLP-23 
(2021). PHMSA assigns TP48 to the following UN numbers in the HMT in 
Sec.  172.102: ``UN0332, Explosive, blasting, type E;'' ``UN3375, 
Ammonium nitrate emulsion;'' and ``UN3139, Oxidizing liquid, n.o.s., PG 
II.'' Lastly, PHMSA revises Sec.  173.251 to state that this section is 
not applicable when ``UN3375, Ammonium nitrate emulsion'' is 
transported in IM 101 or 102 portable tanks in accordance with SLP-23 
(2021).

J. Revision of Testing and Marking of UN Specification Packagings

    In its petition (P-1732),\28\ the Sporting Arms and Ammunition 
Manufacturers' Institute, Inc. (SAAMI) proposes that PHMSA amend Sec.  
178.503(a)(6) by allowing UN performance-oriented boxes (e.g., UN 4A, 
4B, or 4N for steel, aluminum, or other metal boxes, respectively) to 
be marked with the last two digits of the year of testing certification 
rather than the last two digits for year of manufacture. Additionally, 
the SAAMI petition proposes to add an additional selective testing 
variation in Sec.  178.601(g) to allow for variation of packagings that 
include articles containing solid hazardous materials, packed in inner 
packagings without further testing, subject to certain conditions. 
SAAMI requests that this variation also allow for an increase in 
dimensions of the outer packaging of the combination packaging based on 
the tested design type. In the NPRM, PHMSA proposed to revise Sec.  
178.503(a)(6) to allow UN performance-oriented boxes (e.g., UN 4A, 4B, 
or 4N for steel, aluminum, or other metal boxes, respectively) to be 
marked with the last two digits of the year of testing certification 
rather than the last two digits for year of manufacture, and revise 
Sec.  178.601(g) to allow an additional selective testing variation.
---------------------------------------------------------------------------

    \28\ P-1732--SAAMI (PHMSA-2019-0069), https://www.regulations.gov/docket/PHMSA-2019-0069.
---------------------------------------------------------------------------

    With regard to the marking proposal, the marking requirements in 
Sec.  178.503(a)(6) currently require packages to be marked with the 
last two digits of the year of manufacture. SAAMI asserts that the year 
of manufacture is meant to tie the packaging to a specific 
certification (i.e., tied to design qualification testing and periodic 
retesting to a UN standard). SAAMI asserts that while the date of 
manufacture is informative, this degree of specificity is not necessary 
for safety or enforcement purposes. SAAMI adds that because the 
retesting of the design type occurs every two years,\29\ industries 
incur costs to change the year of manufacture marking on packagings 
that are still being produced under the same design test. (PHMSA notes 
that this conclusion is based on the presumption that manufacturers of 
combination packagings are operating at the minimum test frequency of 
retesting every 24 months.) SAAMI asserts that allowing marking of the 
last two digits of the year of packaging certification on packagings is 
considered an acceptable substitute to the current regulatory 
requirement in Sec.  178.503(a)(6) and eliminates the need to change 
printing plates biannually.
---------------------------------------------------------------------------

    \29\ The periodic retest requirements for combination packagings 
call for conducting design qualification retesting at least once 
every 24 months. See Sec.  178.601(e).
---------------------------------------------------------------------------

    PHMSA received mixed comments regarding this specific proposal; 
specifically, some commenters supported it while others opposed. The 
opposing viewpoint noted that this proposal would cause the package 
marking on Series 4 Packages to no longer be harmonized with the UN 
Model Regulations. Therefore, PHMSA is not adopting the proposal to 
revise Sec.  178.503(a)(6) to allow the marking of Series 4 packages 
with the year of certification instead of the year of manufacturing. 
PHMSA has determined that the HMR and the UN Model Regulations 
packaging specification marks should remain aligned to facilitate 
efficient cross-border shipping. Deviations from the UN Model 
Regulations--particularly with respect to standard markings--is not 
justified based on limited potential cost savings that could be at 
issue here. Maintaining a global system of consistent transportation 
requirements protects businesses and people worldwide by allowing for 
the safe, frustration-free transport of hazardous materials.
    With regard to the selective testing variation proposal, Sec.  
178.601 contains the general requirements for the testing of non-bulk 
UN performance-oriented packagings and packages. Section 178.601(g) 
contains packaging variations that allow for the selective testing of 
packagings that differ only in minor respects from a tested design 
type. SAAMI proposes in its petition to create an additional packaging 
variation under Sec.  178.601(g) to include small arms ammunition--
specifically, ``Cartridges for weapons, inert projectile(s) or blank 
(UN0012 and UN0014); Primers, cap type (UN0044); and Cases, cartridge, 
empty with primer (UN0055)--packed in inner packages.'' Specifically, 
SAAMI proposes allowing inner packagings of ammunition to be assembled 
and transported without packaging testing, provided that the outer 
packaging of a combination package of articles successfully passes the 
tests, in accordance with Sec. Sec.  178.603 and 178.606. Additionally, 
the SAAMI

[[Page 15648]]

petition proposes for the packaging variation to allow for larger 
packages to use the certification of a smaller tested package.
    As noted in the NPRM, PHMSA conducted a technical review of the 
SAAMI proposal for a new selective testing variation to allow for 
limited testing of combination packagings for small arms ammunition and 
components. PHMSA concurs with the proposal to allow for a variation in 
combination packagings used for materials classified as UN0012, UN0014, 
UN0044, and UN0055 without further testing.
    PHMSA conducted an economic evaluation of the amendment to Sec.  
178.601(g) to allow specified inner packagings to be assembled and 
transported without testing under certain conditions. For this 
amendment, PHMSA estimates annualized cost savings of approximately 
$826,711. A more detailed discussion of the economic analysis of this 
amendment can be found in the RIA posted to the docket for this 
rulemaking.
    PHMSA received comments from COSTHA in support of the revisions as 
proposed. PHMSA did not receive any comments in opposition to the 
proposed revision. Therefore, PHMSA is adding a new packaging variation 
in Sec.  178.601(g)(6) to authorize selective testing of packagings 
containing ``Cartridges for weapons, inert projectile(s) or blank 
(UN0012 and UN0014), Primers, cap type (UN0044), and Cases, cartridge, 
empty with primer (UN0055).'' Inner packagings intended to contain 
these materials may be assembled and transported without testing 
provided that the outer packaging of a combination packaging 
successfully passes the tests, in accordance with Sec. Sec.  178.603 
and 178.606, and the gross mass does not exceed that of the tested 
type.

K. Authorizing Smaller Combustible Placard on IBCs

    In its petition (P-1734),\30\ Evonik proposes that PHMSA revise 
Sec.  172.514(c) by adding an option for smaller placards for 
intermediate bulk containers (IBCs) carrying combustible liquids by 
adopting the provisions in DOT-SP 16295 \31\ into the HMR. This would 
allow shippers to transport IBCs containing combustible liquids 
(NA1993) bearing a combustible placard sized to be consistent with the 
label size specifications in Sec.  172.407(c). Section 172.407(c) 
requires diamond shaped labels to be at least 100 mm (3.9 inches) on 
each side. In the NPRM, PHMSA proposed to revise Sec.  172.514(c) by 
adding an option for smaller placards for IBCs carrying combustible 
liquids.
---------------------------------------------------------------------------

    \30\ P-1734--Evonik (PHMSA-2019-0089), https://www.regulations.gov/docket/PHMSA-2019-0089.
    \31\ DOT SP-16295, https://cms7.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/offer/SP16295.pdf/2018080498/SP16295.
---------------------------------------------------------------------------

    The HMR requires placards to be at least 250 mm (9.84 inches) on 
each side. Section 172.514(c) prescribes the exceptions for placarding 
bulk packages. Specifically, paragraph (c)(4) authorizes IBCs to be 
labeled in accordance with part 172, subpart E. However, IBCs 
transporting combustible liquids do not qualify for that exception 
because there is no authorized label for combustible liquids.
    Evonik states in its petition that a smaller-sized combustible 
placard would allow for more space for proper placarding and marking 
placement due to the commonly limited space available to display hazard 
information on the IBC side plates and panels. Moreover, Evonik states 
that a smaller placard provides a level of safety equivalent to the 
requirements in Sec.  172.514(c)(4), where an IBC is authorized to be 
labeled instead of placarded (e.g., flammable labels vs. flammable 
placards), and in Sec.  172.406(e)(6), where duplicate labels are not 
required on two sides or two ends of an IBC with a volume of 1.8 m\3\ 
(64 cubic feet) or less (approximately 478 gallons). Because these 
exceptions are allowed for hazardous materials considered to pose 
greater danger than combustible liquids, Evonik asserts the reduction 
in size for combustible placards will maintain a safe level of hazard 
communication for transport of combustible liquids in IBCs.
    While this revision is not technical in nature, PHMSA determines 
that--from a policy and safety perspective--this amendment does not 
change the safety requirements for the transportation of an IBC, but 
will provide greater flexibility by making more space available for 
other necessary information on the IBC. Additionally, this amendment 
will not result in any cost to industry or impose any new regulatory 
burden to industry. There will be a marginal cost savings due to 
current special permit holders no longer needing to apply to renew 
their special permits. A more detailed discussion of this economic 
analysis of this revision can be found in the RIA posted to the docket 
for this rulemaking.
    PHMSA received feedback from the DGAC supporting proposed changes 
to allow label sized placards on IBCs containing combustible liquids 
instead of requiring full sized placards. In its original proposal, 
PHMSA asked for comments on whether to allow label sized placards 
instead of full sized placards on other bulk package types containing 
combustible liquids, such as portable tanks. DGAC recommended that 
PHMSA expand the changes to also include permitting label sized 
placards instead of full sized placards on portable tanks for 
combustible liquids. After further review, PHMSA did not find any 
technical or safety reasons to not allow the use of label sized 
placards instead of full sized placards on portable tanks. Therefore, 
PHMSA revises Sec.  172.514(c)(1) and (4) to allow IBCs and portable 
tanks containing combustible liquids to be placarded with a combustible 
placard that meets the label size specifications in Sec.  172.407(c).

L. Incorporate by Reference IME Safety Library Publication 22 (SLP-22)

    In its petition (P-1736),\32\ IME requests that PHMSA incorporate 
by reference IME SLP-22 (2019), ``Recommendations for the Safe 
Transportation of Detonators in a Vehicle with Certain Other Explosive 
Materials.'' The HMR currently incorporates by reference the IME SLP-22 
(2007) version in the HMR at Sec.  171.7(r)(1). In the NPRM, PHMSA 
proposed the incorporation by reference of IME SLP-22 (2019), 
``Recommendations for the Safe Transportation of Detonators in a 
Vehicle with Certain Other Explosive Materials.''
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    \32\ P-1736--IME (PHMSA-2019-0167), https://www.regulations.gov/docket/PHMSA-2019-0167.
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    IME notes that DOT has long accepted the SLP-22 publication and its 
recommendations for the safe transportation of detonators in a vehicle. 
SLP-22 (2007) is referenced in Sec. Sec.  173.63 and 177.835. IME notes 
that much of the SLP-22 standard has remained virtually unchanged since 
1972 and has proven effective for the safe transportation of 
detonators. Of the millions of shipments of detonators and explosives 
made using SLP-22, none have resulted in a mass-detonation. The primary 
intent of SLP-22 is not to prevent mass detonation, but instead to 
allow sufficient time in the event of a transportation incident, such 
as fire, to evacuate bystanders to a safe distance. Testing conducted 
by IME has shown that transporting detonators in an undamaged box 
constructed to the standard set forth in SLP-22 will prevent, for 30 
minutes or longer, mass detonation.
    SLP-22 (2019) reflects necessary changes and improvements to the 
SLP-22 (2007) edition and includes technical corrections, practical 
improvements, and deletion of outdated practices.
    Specifically, changes to SLP-22 include:

[[Page 15649]]

     Providing clarity on the text ``other positions may be 
acceptable'' by specifying alternative placement of SLP-22 packages or 
containers on a motor vehicle based on vehicle cargo space 
configuration.
     Consistent with the alternative positions, adding a 
constraint to limit positions of a container on the vehicle as far as 
possible from the points on the vehicle that are most susceptible to 
high temperature fires due to accidents or severe mechanical failures 
(e.g., the vehicle fuel tank).
     Adding reference to IME SLP-23 for containers mounted on a 
cargo tank motor vehicle.
     Adding a requirement that structural components (i.e., 
latches) must be bolted or welded to the steel in the wall of the 
container or compartment.
     Allowing alternative materials of construction subject to 
certain performance standards (i.e., constructed of or covered with 
non-sparking material).
     Adopting several revisions that provide clarity and 
correct typographical errors.
    As noted in the NPRM, PHMSA conducted a technical review of each 
revision included in SLP-22 (2019) and concluded that these changes 
will either maintain or enhance the safety of transporting detonators 
by highway with other explosive materials. PHMSA supports the overall 
intent to allow more time for evacuation should there be an incident. 
PHMSA incorporates by reference SLP-22 (2019). PHMSA has concluded that 
the specifications in Section C.9 of the document are adequate to 
provide the flexibility to allow for alternative materials of 
construction without compromising safety.
    As noted in the NPRM, PHMSA conducted an economic analysis of the 
IME proposal and found that the changes made to Sections C.1 and C.1.a 
provide more flexibility for businesses in their placement of SLP-22 
boxes while still meeting safety standards. The changes to Section 
C.1.c regarding padlocks may result in annual cost savings of 
approximately $2,000, assuming a small percentage of vehicles (0.1 
percent) take advantage of the one-time cost savings associated with 
purchasing new padlocks. C.9's allowance of alternative materials in 
the construction of SLP-22 boxes may result in cost savings of 
approximately $965,598 per year. These cost savings, however, are 
contingent on the quantity and type of material substitutions made by 
SLP-22 box manufacturers, which is uncertain. A more detailed 
discussion of this economic analysis of this incorporation by reference 
can be found in the RIA posted to the docket for the rulemaking.
    PHMSA received comments from IME in support of these revisions as 
proposed. PHMSA did not receive any comments in opposition to the 
proposed revision. Therefore, PHMSA amends Sec.  171.7(r)(1) to 
reference IME SLP-22 (2019). In addition, PHMSA makes an editorial 
revision to Sec.  171.7(r)(1) by inserting a space between ``IME 
Standard 22,'' and ``IME'' in the first line and amend the date to read 
``June 2019.''

M. Definition of a Liquid

    In its petition (P-1738),\33\ COSTHA proposes that PHMSA modify the 
definition of a liquid in Sec.  171.8 to include the test for 
determining fluidity found in ISO 2137:1985, ``Petroleum products--
Lubricating grease and petrolatum--Determination of cone penetration,'' 
(penetrometer test), prescribed in section 2.3.4 of Annex A of the ADR. 
Section 171.8 states that a liquid means a material, other than an 
elevated temperature material, with a melting point or initial melting 
point of 20 [deg]C (68 [deg]F) or lower at a standard pressure of 101.3 
kPa (14.7 pounds per square inch). A viscous material for which a 
specific melting point cannot be determined must be subjected to the 
procedures specified in ASTM D 4359 (1990), ``Standard Test Method for 
Determining Whether a Material is Liquid or Solid.'' The UN Model 
Regulations, ICAO Technical Instructions, and IMDG Code all include the 
penetrometer test as an alternative to performing the ASTM D 4359 test 
method in determination of whether a material is a liquid. In the NPRM, 
PHMSA proposed to modify the definition of a liquid in Sec.  171.8 to 
include the test for determining fluidity--ISO 2137:1985 (penetrometer 
test)--prescribed in section 2.3.4 of Annex A of the ADR.
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    \33\ P-1738--COSTHA (PHMSA-2019-0233), https://www.regulations.gov/docket/PHMSA-2019-0233.
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    In its petition, COSTHA states there have been no recorded 
instances of determination of liquidity using the ADR penetrometer test 
increasing the risk to safety while in transportation. COSTHA adds that 
under the current system, a material manufactured outside the United 
States and classified using the penetrometer test may not be reshipped 
within the United States without first performing the ASTM D 4359 test 
method. The HMR does not authorize the ADR penetrometer test as a 
method for determining if a material is a liquid, and thus, any hazard 
classification based on this result is not valid in the United States. 
This results in increased cost for shippers to conduct additional 
testing and creates a barrier to importing materials into the United 
States.
    As noted in the NPRM, PHMSA conducted a technical review of the 
COSTHA proposal to harmonize the HMR definition with international use 
of the ADR penetrometer test for determination of a liquid. The test, 
ISO 2137:1985, as identified in the ADR under section 2.3.4, is 
referenced in the UN Model Regulations Volume 1, 20th edition, in 
section 1.2.1, Definitions, Liquid, and in the UN Manual of Tests and 
Criteria, 7th edition, as a footnote reference to UN Model Regulations 
1.2.1 at the end of 20.4.1.5. PHMSA finds that the ISO test is more 
empirical in nature than ASTM D 4359 and provides better understanding 
of the physical properties of the tested material. Therefore, PHMSA now 
determines the adoption of penetrometer test into the HMR will provide 
a level of safety equal or greater to the currently approved ASTM test 
method. Lastly, the addition of the penetrometer test into the HMR will 
allow for more flexibility to offerors by providing an additional 
option for the testing of liquids. An economic analysis of this 
petition could not validate the estimates from the petitioner that 
suggest cost savings from this revision. A more detailed discussion of 
this economic analysis of this revision can be found in the RIA posted 
to the docket for this rulemaking.
    PHMSA received comments from COSTHA and DGAC in support of the 
revisions as proposed. PHMSA did not receive any comments in opposition 
to the proposed revision. Therefore, PHMSA revises the definition of a 
liquid in Sec.  171.8 to reference the test for determining fluidity 
(penetrometer test) prescribed in section 2.3.4 of Annex A of the ADR.

N. Incorporate by Reference Updated CGA C-7 (2020)

    In its petition (P-1744),\34\ CGA proposes that PHMSA incorporate 
by reference the updated Appendix A of CGA publication C-7 (2020), 
``Guide to Classification and Labeling of Compressed Gases,'' Eleventh 
Edition, into the HMR at Sec.  171.7(n)(8). Currently, the HMR 
incorporates by reference CGA C-7 (2014), ``Guide to Classification and 
Labeling of Compressed Gases,'' Tenth Edition. The HMR currently 
authorizes

[[Page 15650]]

the marking of a Dewar flask or a cylinder in accordance with CGA C-7 
(2014), Appendix A instead of labeling (see Sec.  172.400a). CGA states 
that an update is needed to CGA C-7, Tenth Edition (2014), to address 
changes made to Appendix A in the Eleventh Edition (2020), such as:
---------------------------------------------------------------------------

    \34\ P-1744--CGA (PHMSA-2020-0104), https://www.regulations.gov/docket/PHMSA-2020-0104.
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     Providing greater flexibility in the hazard class display 
by allowing it to be displayed on one or two lines.
     Clarifying that the marking system elements must meet 
certain minimum size requirements.
     Providing an example of the CGA marking system for 
multiple hazard diamonds that are overlapped.
    CGA C-7 (2020) states the general principles for labels and 
markings of cylinders, and provides recommended minimum requirements 
for many hazardous gases and selected liquids used in such cylinders. 
In the NPRM, PHMSA proposed to incorporate by reference the updated 
Appendix A of CGA publication C-7 (2020), ``Guide to Classification and 
Labeling of Compressed Gases,'' Eleventh Edition, into the HMR at Sec.  
171.7(n)(8).
    As noted in the NPRM, PHMSA conducted a technical review of this 
petition, including a review of the revised Appendix A to C-7 (2020), 
and found that the changes are minor and primarily editorial 
clarifications. PHMSA concludes that these editorial revisions in 
Appendix A to CGA C-7 (2020) will not negatively impact hazard 
communication.
    As noted in the NPRM, PHMSA conducted an economic review of this 
petition and found no quantifiable benefits associated with this 
change. However, the changes found in Appendix A to CGA C-7 (2020) will 
provide clearer guidance to the regulated community and thus increase 
compliance. A more detailed discussion of this economic analysis of 
this revision can be found in the RIA posted to the docket for this 
rulemaking.
    PHMSA received comments in support of the revisions as proposed 
from CGA and DGAC. PHMSA did not receive any comments in opposition to 
the proposed revision. Therefore, PHMSA revises Sec.  171.7(n)(8) to 
reference CGA C-7 (2020), ``Guide to Classification and Labeling of 
Compressed Gases,'' Eleventh Edition.

O. Incorporate by Reference CGA C-27 (2019)

    In its petition (P-1746),\35\ CGA proposes that PHMSA incorporate 
by reference CGA C-27 (2019), ``Standard Procedure to Derate the 
Service Pressure of DOT 3-Series Seamless Steel Tubes,'' First Edition. 
PHMSA notes that this publication defines ``tube'' as a seamless steel 
pressure vessel with openings at both ends and with a water capacity of 
120 L or greater. CGA requests PHMSA revise Sec.  180.212(a)(1) to 
allow for repairs of a seamless steel DOT 3-series cylinder at a repair 
facility that holds a valid ``K'' number approval, issued under the 
provisions in Sec.  107.805. Cylinder owners would be permitted to 
apply to reduce the service pressure of cylinders in accordance with 
CGA C-27. Approved facilities would then process these applications to 
determine if a DOT 3-Series cylinder rejected for insufficient minimum 
wall thickness could be derated from the original marked service 
pressure. In the NPRM, PHMSA proposed to incorporate by reference CGA 
C-27 (2019), ``Standard Procedure to Derate the Service Pressure of DOT 
3-Series Seamless Steel Tubes,'' First Edition.
---------------------------------------------------------------------------

    \35\ P-1746--CGA (PHMSA-2020-0116), https://www.regulations.gov/docket/PHMSA-2020-0116.
---------------------------------------------------------------------------

    CGA C-27 provides a standard procedure to derate the service 
pressure of DOT 3-series seamless steel tubes with local thin areas in 
the walls of the tube that do not meet the minimum thickness criteria 
of the specification. Derating is the lowering of the maximum allowable 
service pressure of a cylinder due to thinning of a cylinder's walls to 
extend the life of the cylinder. In accordance with CGA C-27, any tube 
with a suspect thin area found during AET, UE, or visual inspection 
must be evaluated in accordance with CGA C-20. If the tube does not 
meet the minimum thickness requirements in Section 4b of CGA C-27, a 
cylinder owner may apply to PHMSA to reduce the marked service pressure 
of the cylinders, in accordance with Section 4c of CGA C-27. The 
procedure to derate a tube must be performed by a DOT-approved repair 
facility. CGA C-27 does not apply to tubes that have been condemned 
from any requalification method. Cylinder repair shops must be approved 
by PHMSA to have the authority to repair a cylinder. These companies 
receive a K-number from PHMSA, and the K-number approval indicates 
whether a company is authorized to perform repairs or rebuilds of 
cylinders, and in this case, DOT 3-series tubes.
    CGA asserts that the incorporation by reference of CGA C-27 will 
minimize inquiries to PHMSA by standardizing and codifying the existing 
process under the PHMSA document ``Guidance for Applications to Down-
Rate the Service Pressure of DOT Seamless Steel Cylinders (Rev. 3/27/
13),'' \36\ and provide persons seeking to derate a tube with 
instruction on pertinent information to submit to PHMSA in a logical 
and consistent manner.
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    \36\ https://www.regulations.gov/document/PHMSA-2020-0116-0003.
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    As noted in the NPRM, PHMSA conducted a technical review of the 
proposals in the petition, including a review of CGA C-27, and found 
that the method for pressure derating of tubes is essentially the same 
as what is outlined in the PHMSA guidance document. Both documents 
provide instructions on how persons should conduct an initial 
inspection using CGA C-6 (2013), ``Standard for Visual Inspection of 
Steel Compressed Gas Cylinders,'' to establish that the tube is in good 
physical, serviceable condition for pressure derating with no 
rejectable corrosion, pitting, dents, gouges, or other defects. If 
deemed suitable for pressure derating, the tube should undergo 100 
percent ultrasonic testing (UT) to establish a minimum sidewall 
thickness on which to base the new reduced service pressure. The 
methodology used to calculate the new service pressure is the same as 
the current methodology used to determine the allowable service 
pressure for DOT 3-series seamless steel cylinders found in the HMR at 
Sec. Sec.  178.36 (3A and 3AX), 178.37 (3AA and 3AAX), and 178.38 (3B). 
The calculations should then be certified by the tube manufacturer, or 
by the Independent Inspection Agency (IIA) if the tube manufacturer is 
no longer in service or available. IIAs are approved by the Associate 
Administrator to perform a review of a company's inspection or 
requalification operation. In summary, the PHMSA technical review found 
that the procedures in CGA C-27 are equivalent to the procedure 
established in the PHMSA guidance document for pressure derating of 
tubes and should have no impact on safety.
    As noted in the NPRM, PHMSA conducted an economic evaluation of 
this petition and found that no benefits or additional costs other than 
the cost to obtain the publication are expected as a result of the 
changes in this petition. A more detailed discussion of this economic 
analysis of this revision can be found in the RIA posted to the docket 
for this rulemaking.
    PHMSA received comments in support of the revisions from CGA. PHMSA 
did not receive any comments in opposition to the proposed revision. 
Therefore, PHMSA incorporates by reference CGA C-27, ``Procedure to 
Derate the Service Pressure of DOT 3-Series Seamless Steel Tubes,'' 
First

[[Page 15651]]

Edition, in Sec.  171.7. PHMSA also adds Sec.  180.212(a)(4) for 
instruction on derating of a cylinder reference to CGA C-27.

P. Incorporate by Reference CGA C-29 (2019)

    In its petition (P-1747),\37\ CGA proposes that PHMSA incorporate 
by reference CGA C-29 (2019), ``Standard for Design Requirements for 
Tube Trailers and Tube Modules,'' First Edition, which would supersede 
CGA TB-25 (2018), ``Design Considerations for Tube Trailers.'' CGA also 
proposes conforming revisions to Sec.  173.301 to replace references to 
CGA TB-25 with references to CGA C-29. In the NPRM, PHMSA proposed to 
incorporate by reference CGA C-29 (2019), ``Standard for Design 
Requirements for Tube Trailers and Tube Modules,'' in Sec.  171.7, and 
revise Sec.  173.301 to replace references to CGA TB-25 with references 
to CGA C-29.
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    \37\ P-1747--CGA (PHMSA-2020-0117), https://www.regulations.gov/docket/PHMSA-2020-0117.
---------------------------------------------------------------------------

    CGA C-29 defines basic design requirements for tube trailers and 
tube modules to maintain structural integrity during normal conditions 
of handling and transport. A tube trailer or tube module manufactured 
in accordance with this standard is less likely to have a separation of 
the tubes from the trailer or bundle, or an unintentional release of 
product when subjected to the multidirectional forces that can occur 
during a highway collision, including a rollover accident. Under this 
standard, tube modules must meet the loading and accident protection 
standards that are applied to tube trailers.
    In its petition, CGA outlines the changes between the CGA TB-25 
(currently incorporated by reference in Sec.  171.7) and CGA C-29. 
Examples of these revisions include:
     Changing the Technical Bulletin to a CGA Standard.
     Changing the title of the document to ``Standard for 
Design Requirements for Tube Trailers and Tube Modules.''
     Adding a scope section that specifies that CGA C-29 is not 
applicable to a MEGC because MEGC design requirements are found in 
Sec.  178.75.
     Providing several examples of testing and methods that 
meet the requirement of verifiable performance testing and analytical 
methods within the basic design requirements section.
     Changing ``should'' to ``shall'' in several places within 
the document to provide a standard that includes enforceable language.
     Referencing CGA C-23, ``Standard for Inspection of DOT/TC 
3 Series and ISO 11120 Tube Neck Mounting Surfaces,'' Second Edition.
    CGA developed CGA C-29 to supersede TB-25 and asserts that CGA C-29 
provides a more optimal level of safety for the public and a 
satisfactory performance standard when cylinders are mounted on motor 
vehicles or in frames for transportation. In addition, CGA asserts that 
C-29 provides more enforceable language, whereas TB-25 does not (i.e., 
use of ``shall'' vs. ``should'').
    As noted in the NPRM, PHMSA conducted a technical review of the 
petition and supporting documents and found that CGA C-29 is 
technically accurate, consistent with CGA TB-25, and provides safety 
improvements for the transport of tube trailers. Additionally, PHMSA 
concludes that tube trailers or modules manufactured in accordance with 
CGA C-29 are less likely to have separation of tubes from the trailer 
or bundle, which could result in the unintentional release of hazardous 
materials, when subjected to multidirectional forces that can occur in 
highway collisions, including rollover accidents. Therefore, PHMSA 
asserts the incorporation by reference of CGA C-29 will enhance the 
safe transportation of hazardous materials in tube trailers.
    As noted in the NPRM, PHMSA conducted an economic evaluation and 
found that most operators are already following the guidelines in CGA 
C-29, and thus there are limited quantifiable economic benefits. The 
largest potential source of benefits from mandatory adoption is 
enhanced safety through a more standardized qualification and testing 
regime. Minor economic benefits might also be derived from the 
editorial and definitional clarifications provided in the updated CGA 
requirements. Making requirements for operators clearer and easier to 
follow would support compliance with the regulation. A more detailed 
discussion of the economic analysis of this revision can be found in 
the RIA posted to the docket for this rulemaking.
    PHMSA received comments in support of the proposed revision from 
CGA. PHMSA did not receive any comments in opposition to the proposed 
revision. Therefore, PHMSA incorporates by reference CGA C-29, 
``Standard for Design Requirements for Tube Trailers and Tube 
Modules,'' First Edition, into Sec.  171.7, and removes the references 
to CGA TB-25, ``Design Considerations for Tube Trailers.'' PHMSA also 
revises Sec.  173.301(i) to replace references to CGA TB-25 with 
references to CGA C-29.

Q. Incorporate by Reference CGA V-9 (2019)

    In its petition (P-1748),\38\ CGA requests that PHMSA incorporate 
by reference CGA V-9 (2019), ``Compressed Gas Association Standard for 
Compressed Gas Cylinder Valves,'' Eighth Edition. The HMR currently 
references the Seventh Edition of CGA V-9 (2012). The major updates to 
CGA V-9 (2019) ensure continuity and consistency with the testing 
requirements of ISO 10297, ``Gas cylinder--Cylinder valves--
Specification and Type Testing.'' In the NPRM, PHMSA proposed to 
incorporate by reference CGA V-9 (2019), ``Compressed Gas Association 
Standard for Compressed Gas Cylinder Valves,'' Eighth Edition.
---------------------------------------------------------------------------

    \38\ P-1748--CGA (PHMSA-2020-0124), https://www.regulations.gov/docket/PHMSA-2020-0124.
---------------------------------------------------------------------------

    The CGA V-9 (2019) standard covers compressed gas cylinder valve 
design, selection, manufacture, and use, including performance 
requirements such as operating temperature limits, pressure ranges, and 
flow capabilities. The standard also includes requirements for 
materials, inlet and outlet connections, cleaning, qualification and 
production testing, maintenance, and reconditioning. In addition, CGA 
V-9 (2019) includes guidelines and requirements for the design, 
material selection, testing, and marking of cylinder valve protection 
caps. Finally, the standard provides a listing of valve types and 
associated drawings and their application and limitations.
    As noted in the NPRM, PHMSA conducted a technical review of CGA V-9 
(2019) and verified updates and revisions made to CGA V-9 (2012), which 
is currently incorporated by reference in the HMR. PHMSA found these 
revisions were primarily editorial in nature, except for the revision 
to harmonize CGA V-9 (2019) with the testing requirements of ISO 10297. 
Because PHMSA has already incorporated by reference ISO 10297 in the 
HMR, there is no technical reason to not incorporate by reference the 
updated version of CGA V-9 (2019), which references the ISO 10297 
standard. In addition, because CGA-V-9 (2019) now references ISO 10297, 
it will allow greater flexibility in selecting and qualifying valves, 
and thus avoid redundant compliance with both ISO 10297 and CGA V-9 
(2019).
    PHMSA asserts that this incorporation by reference will result in 
benefits to the industry, as CGA V-9 (2019) allows the use of listed 
valves in other standards, such as those qualified to ISO 10297,

[[Page 15652]]

thereby avoiding or minimizing additional qualification costs. 
Manufacturers and users of compressed gas cylinder valves would no 
longer need to conduct two different tests to satisfy ISO 10927 (as 
currently required by the HMR) and CGA V-9 (2019). A more detailed 
discussion of this economic analysis of this revision can be found in 
the RIA posted to the docket for this rulemaking.
    PHMSA received comments in support of the proposed revisions from 
CGA. PHMSA did not receive any comments in opposition to the proposed 
revision. Therefore, PHMSA revises Sec.  171.7(n)(26) to replace CGA V-
9 (2012), ``Compressed Gas Association Standard for Compressed Cylinder 
Valves,'' Seventh Edition, with CGA V-9 (2019), ``Compressed Gas 
Association Standard for Compressed Cylinder Valves,'' Eighth Edition.

R. Phaseout of Hydrofluorocarbons (HFCs)

    The Environmental Protection Agency (EPA) published a final rule 
\39\ to issue regulations implementing certain provisions of the 
American Innovation and Manufacturing (AIM) Act,\40\ as enacted on 
December 27, 2020. One provision of the AIM Act mandates the phasedown 
of HFCs--a group of chemicals commonly referred to as refrigerants 
because of their primary use for cooling and refrigeration applications 
like air conditioning--by at least 85 percent by 2036. HFCs are highly 
potent greenhouse gases that trap heat in the atmosphere and warm the 
planet. The AIM Act directs the EPA to implement the phasedown by 
issuing a fixed quantity of transferrable production and consumption 
allowances, which producers and importers of hydrofluorocarbons must 
hold in quantities equal to the number of hydrofluorocarbons they 
produce or import. For the time period of 2022-2050, the EPA estimated 
the rulemaking would avoid cumulative emissions of 4,560 million metric 
tons of exchange value equivalent \41\ of HFCs in the United States 
with a present value of cumulative net benefits of $272.7 billion.\42\
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    \39\ 86 FR 55116 (Oct. 5, 2021).
    \40\ https://www.epa.gov/climate-hfcs-reduction/aim-act.
    \41\ EPA uses the term ``exchange value equivalent'' to provide 
a common unit of measure between HFCs, and the AIM Act defines 
``exchange value'' as the value assigned to a regulated substance 
(i.e., a regulated HFC).
    \42\ 86 FR 55116 (Oct. 5, 2021).
---------------------------------------------------------------------------

    The EPA final rule implemented a two-stage approach that would 
first prohibit additional disposable cylinders (i.e., non-refillables) 
from being introduced to the market by January 1, 2025, and second, 
prohibit sales altogether by January 1, 2027. A primary example of a 
non-refillable cylinder authorized for transport of HFCs is a DOT 39 
cylinder. In the final rule, EPA noted that the AIM Act gives the 
agency broad authority to implement these prohibitions relating to the 
sale or distribution, or offer for sale or distribution, of regulated 
substances that were illegally produced or imported.
    In the NPRM, PHMSA proposed adopting the same prohibition on the 
filling and transportation of certain HFCs in non-refillable cylinders 
to align with EPA's efforts to fulfill the AIM Act mandate and combat 
climate impacts, and to avoid potential confusion by industry if PHMSA 
were to continue to authorize these materials in non-refillable 
cylinders while prohibited by EPA. In response to this proposal PHMSA 
received comments from seven different entities opposing the phaseout 
of HFCs in non-refillable cylinders. Commenters noted that--in their 
opinion--the proposal goes beyond PHMSA's authority, and therefore 
PHMSA should not phaseout non-refillable cylinders in the final rule. 
Additionally, commenters noted that on June 20, 2023, the United States 
Court of Appeals for the District of Columbia issued a ruling \43\ that 
vacated two provisions of the EPA's Phasedown Rule for HFCs. The court 
found that the EPA did not have statutory authority to require the use 
of refillable cylinders or to implement a QR code tracking system for 
HFCs. PHMSA's proposal to phaseout non-refillable cylinders for the 
transportation of HFCs was predicated on harmonizing the HMR with the 
EPA regulations. Following the decision by the United States Court of 
Appeals for the District of Columbia, PHMSA is no longer considering 
the phaseout of HFCs in this final rule, and will not finalize the 
proposal to prohibit the filling and transportation of certain HFCs in 
non-refillable cylinders.
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    \43\ https://www.govinfo.gov/app/details/USCOURTS-caDC-21-01251/USCOURTS-caDC-21-01251-0.
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S. Emergency Processing of Special Permits

    Section 107.117 outlines the conditions necessary for applicants 
who apply for emergency processing of their special permit request. 
PHMSA occasionally issues a special permit that the Associate 
Administrator determines is needed to address an imminent safety issue, 
a threat to national security, or to prevent significant economic loss. 
See Sec.  107.117(a). However, PHMSA has found it necessary to add an 
additional criteria due to situations that require processing of an 
emergency special permit but are not clearly outlined in the current 
Sec.  107.117(a). To meet this need, PHMSA proposed adding a new 
paragraph (a)(4) to provide clarification that the Associate 
Administrator may also approve emergency processing of a special permit 
in support of certain essential governmental functions--both foreign 
and domestic. For example, a foreign government request for the 
emergency processing of a special permit application regarding the 
timely movement of a hazardous material--from or through the United 
States--in support of law enforcement, life safety (e.g., providing 
health services items or equipment containing hazardous materials 
during a pandemic), or judicial activities may qualify under the new 
paragraph. Furthermore, to provide additional clarification of Sec.  
107.117(a)(2), PHMSA proposed to split the current clauses into two 
distinct paragraphs--(a)(2) and (3).
    PHMSA received comments from COSTHA in support of both revisions as 
proposed. PHMSA did not receive any comments in opposition to the 
proposed revisions. Therefore, to provide two instances of 
clarification of Sec.  107.117(a), PHMSA will add a new paragraph 
(a)(4) and split the current clauses from paragraph (a)(2) into two 
distinct paragraphs--(a)(2) and (3).

V. Section-by-Section Review

    Below is a section-by-section description of the revisions.

A. Section 107.117

    Section 107.117 outlines situations when emergency processing of 
special permits may be appropriate. In this final rule, PHMSA adds 
Sec.  107.117(a)(4) to clarify that PHMSA may use emergency processing 
of special permits in support of essential governmental functions. 
Separately, to provide clarification of Sec.  107.117(a)(2), PHMSA is 
splitting the current clauses into two distinct paragraphs--(a)(2) and 
(3).

B. Section 171.7

    Section 171.7 lists all standards incorporated by reference into 
the HMR that are not specifically set forth in the regulations. In this 
final rule, PHMSA incorporates by reference the following publications 
by CGA, IME, and the UN:
     CGA C-7 (2020), Guide to Classification and Labeling of 
Compressed Gases (Eleventh Edition), into Sec.  172.400a. This 
publication has been prepared as a guide for the

[[Page 15653]]

classification and labelling of compressed gases. It is general in 
nature and does not cover all circumstances for each individual 
cylinder type or lading.
     CGA C-20 (2014), Requalification Standard for Metallic, 
DOT, and TC 3-Series Gas Cylinders and Tubes Using Ultrasonic 
Examination (Second Edition), into Sec.  180.205. This publication is 
used for the requalification of seamless cylinders and tubes using UE. 
It is general in nature and does not cover all circumstances for each 
individual cylinder type or lading.
     CGA C-23 (2018), Standard for Inspection of DOT/TC 3 
Series and ISO 11120, Tube Neck Mounting Surfaces (Second Edition), 
into Sec. Sec.  180.205 and 180.207. This publication applies to the 
inspection and evaluation of DOT/TC 3-Series and ISO 11120 tubes 12 ft 
(3.7 m) or longer with an outside diameter greater than or equal to 18 
in (457 mm) that are supported by the neck mounting surface. It is 
general in nature and does not cover all circumstances for each 
individual cylinder type or lading.
     CGA C-27 (2019), Standard Procedure to Derate the Service 
Pressure of DOT 3-Series Seamless Steel Tubes (First Edition), into 
Sec.  180.212. This publication provides a standard procedure to derate 
the service pressure of DOT 3-series seamless steel tubes with local 
thin areas (LTA) that do not meet the minimum wall thickness of certain 
DOT specifications. It is general in nature and does not cover all 
circumstances for each individual cylinder type or lading.
     CGA C-29 (2019), Standard for Design Requirements for Tube 
Trailers and Tube Modules (First Edition), into Sec.  173.301. This 
publication defines basic design requirements for tube trailers and 
tube modules, manufactured or modified on or after May 11, 2009, to 
maintain structural integrity during normal conditions of handling and 
transport. It is general in nature and does not cover all circumstances 
for each individual cylinder type or lading. Tube trailers manufactured 
or modified before May 11, 2009, can continue to follow the 
requirements in TB-25, ``Design Considerations for Tube Trailers.'' Any 
modifications to the tube trailer, however, should be done in 
accordance with CGA C-29.
     CGA V-9 (2019), Compressed Gas Association Standard for 
Compressed Gas Cylinder Valves (Eighth Edition), into Sec.  173.301. 
This publication covers cylinder valve design, manufacture, and use 
including performance requirements such as operating temperature 
limits, pressure ranges, and flow capabilities. It is general in nature 
and does not cover all circumstances for each individual cylinder type 
or lading.
     SLP-22 (2019), Recommendations for the Safe Transportation 
of Detonators in a Vehicle with Certain Other Explosive Materials, into 
Sec. Sec.  173.63 and 177.835. This publication outlines the guidelines 
for the safe transportation of detonators in commercial transportation.
     SLP-23 (2021), Recommendations for the Transportation of 
Explosives, Division 1.5; Ammonium Nitrate Emulsions, Division 5.1; and 
Combustible Liquids in Bulk Packaging, into Sec. Sec.  172.102, 173.66 
introductory text, 173.251, and 177.835(d). This publication specifies 
the requirements for the transportation in bulk packaging of certain 
Class 1 and Class 5 hazardous materials essential to commercial 
blasting operations.
     European Agreement Concerning the International Carriage 
of Dangerous Goods by Road (ADR), which is already incorporated by 
reference in Sec.  171.23, into Sec.  171.8. The European Agreement 
concerning the International Carriage of Dangerous Goods by Road (ADR) 
outlines regulations concerning the international carriage of dangerous 
goods by road within the EU and other countries that are party to the 
agreement. This publication presents the European Agreement, the 
Protocol Signatures, the annexes, and the amendments. In addition to a 
new title, the 2020 edition of this document includes amendments 
necessary to ensure harmonization of ADR with the UN Model Regulations, 
additional amendments adopted by the Working Group on Tanks, as well as 
amendments proposed by the Working Group on Standards.
     United Nations' Recommendations on Test Series 8: 
Applicability of Test Series 8(d), June 2019, into Sec.  172.102(c)(1), 
special provision 148. This test series is used to determine if an 
ammonium nitrate emulsion, suspension, or gel, intermediate for 
blasting explosives (ANE), is insensitive enough for inclusion in 
Division 5.1, and to evaluate the suitability for transport in tanks.
    Additionally, CGA has moved to a new headquarters location. 
Therefore, we have revised Sec.  171.7(n) accordingly.

C. Section 171.8

    Section 171.8 defines terms used throughout the HMR that have broad 
or multi-modal applicability. PHMSA modifies the definition of liquid 
in Sec.  171.8 to include the test for determining fluidity 
(penetrometer test) prescribed in section 2.3.4 of Annex A of the ADR 
as an alternative method for determining if a material is a liquid.

D. Section 172.101

    The HMT is contained in Sec.  172.101. The HMT lists 
alphabetically, by proper shipping name, those materials that have been 
designated hazardous materials for the purpose of transportation. It 
provides information used on shipping papers, package marking, and 
labeling, as well as other pertinent shipping information for hazardous 
materials. PHMSA amends the HMT by referencing special provision TP48 
in Column (7) of the HMT for the following HMT entries: ``UN0332, 
Explosive, Blasting, type E;'' ``UN3375, Ammonium nitrate emulsion;'' 
and ``UN3139, Oxidizing liquid n.o.s. (PG II).''

E. Section 172.102

    Section 172.102 lists special provisions applicable to the 
transportation of specific hazardous materials. Special provisions 
contain packaging requirements, prohibitions, and exceptions applicable 
to quantities or forms of hazardous materials. PHMSA adds a new special 
provision--``TP48''--to allow the use of IM 101 and 102 portable tanks 
when transported in accordance with SLP-23. In addition, PHMSA revises 
special provision ``148'' to require materials assigned this provision 
to be subject to the Vented Pipe Test (VPT). This ensures continued 
performance of VPT requirements in the absence of required use of the 
test in the update of the incorporation by reference of IME SLP-23.

F. Section 172.514

    Section 172.514 prescribes the placarding requirements for bulk 
packagings. PHMSA revises Sec.  172.514(c)(1) and (4) to allow an 
option to use a placard that meets the label specification size 
requirements in Sec.  172.407(c) for combustible liquids transported in 
IBCs and portable tanks.

G. Section 173.4b

    Section 173.4b prescribes exceptions for transporting certain 
hazardous materials in de minimis quantities. PHMSA revises paragraph 
(a) to include Division 6.1, PG I materials (no inhalation hazard) in 
the list of materials authorized for this exception.

H. Section 173.115

    Section 173.115 prescribes definitions for Class 2, Divisions 2.1, 
2.2, and 2.3 hazardous materials. PHMSA revises Sec.  173.115(e) to 
state that gas mixtures with component(s) that are liquefied gases may 
be described using the

[[Page 15654]]

appropriate hazardous materials description of a non-liquefied 
compressed gas in the HMT at Sec.  172.101 when the partial pressure(s) 
of the liquefied component(s) in the mixture are reduced so that the 
mixture is entirely in the gas phase at 20 [deg]C.

I. Section 173.185

    Section 173.185 prescribes the requirements for packaging and 
transporting lithium cells and batteries. PHMSA revises paragraph 
(c)(3) to clarify that lithium button cell batteries contained in 
equipment are not subject to any per package or consignment 
limitations.

J. Section 173.251

    Section 173.251 outlines the bulk packaging requirements for 
ammonium nitrate emulsion, suspension, or gel. PHMSA revises Sec.  
173.251 to state that this section is not applicable when ``UN3375, 
Ammonium nitrate emulsion'' is transported in IM 101 or 102 portable 
tanks in accordance with SLP-23 (2021).

K. Section 173.301

    Section 173.301 outlines the general requirements for shipment of 
compressed gases and other hazardous materials in cylinders, UN 
pressure receptacles, and spherical pressure vessels. PHMSA revises 
Sec.  173.301 to replace references to CGA TB-25 with references to CGA 
C-29.

L. Section 173.302a

    Section 173.302a specifies the additional requirements for shipment 
of non-liquefied (permanent) compressed gases in specification 
cylinders. PHMSA revises paragraph (c) by redesignating Sec.  
173.302a(c)(3)(i) and (ii) as Sec.  173.302a(c)(4) and (5) to properly 
reflect that the safety provisions currently in Sec.  173.302a(c)(3)(i) 
and (ii) are independent material construction requirements under 
paragraph (c). PHMSA also adds paragraph (c)(6) to require that 
cylinders be equipped with pressure relief devices sized and selected 
as to type, location, and quantity, and tested in accordance with CGA 
S-1.1 (previously in paragraph (c)(4)). Lastly, PHMSA adds paragraph 
(c)(7) to require a plus sign (+) be added following the test date 
marking on the cylinder to indicate compliance with paragraph (c) of 
this section.

M. Section 173.302b

    Section 173.302b describes the additional requirements for shipment 
of non-liquefied (permanent) compressed gases in UN pressure 
receptacles. PHMSA revises this section by adding a new paragraph (f) 
to specify packaging restrictions for transporting compressed natural 
gas and methane in UN seamless steel pressure receptacles. For methane 
and natural gas with a methane content of 98 percent or greater, the 
maximum tensile strength of the UN seamless steel pressure receptacle 
may not exceed 1100 MPa (159,542 psi), and the contents must be free of 
corroding components. For natural gas with methane content of less than 
98 percent, the maximum tensile strength of the UN seamless steel 
pressure receptacle may not exceed 950 MPa (137,750 psi). Additionally, 
each discharge end of a UN refillable seamless steel tube must be 
equipped with an internal drain tube, and the moisture content and 
concentration of the corroding components must conform to the 
requirements in Sec.  173.301b(a)(2).

N. Section 178.601

    Section 178.601 prescribes the general requirements for the testing 
of non-bulk performance-oriented packagings and packages. PHMSA 
redesignates paragraphs (g)(6) through (8) as paragraphs (g)(7) through 
(9) and adds new paragraph (g)(6) to allow packages tested with 
articles containing small arms, i.e., ammunition without intermediate 
packaging(s), to be assembled with any intermediate packaging(s) 
without further testing. Moreover, PHMSA revises the redesignated 
paragraph (g)(8) approval provision to include new paragraph (g)(6), 
such that paragraphs (g)(1) through (7) are referenced in the revised 
paragraph (g)(8).

O. Section 180.205

    Section 180.205 prescribes the general requirements for 
requalification of specification cylinders. PHMSA revises this section 
to incorporate provisions consistent with CGA C-20-2014, 
``Requalification Standard for Metallic, DOT and TC 3-Series Gas 
Cylinders and Tubes Using Ultrasonic Examination'' (Second Edition), 
which allow for the use of UE for cylinder requalification. PHMSA 
revises paragraph (e)(2) to state that cylinders in corrosive liquid 
service are still required to do both an internal and external visual 
inspection. PHMSA is revising paragraph (f)(2) to state that if a 
cylinder or tube is requalified by ultrasonic examination, only an 
external visual inspection is required. Additionally, PHMSA adds a new 
paragraph (h) to specify that requalification using UE must be done in 
accordance with CGA C-20 and by a facility approved by PHMSA for 
performing UE operations. PHMSA revises paragraphs (i) and (j) to 
specify the rejection requirements for a cylinder that fails 
requalification tests.
    PHMSA also adds Sec.  180.205(c)(5). This paragraph specifies that 
a DOT 3-series specification cylinder that is 12 feet or longer with an 
outside diameter greater than or equal to 18 inches and supported by 
the neck mounting surface during transportation in commerce must be 
inspected at least every 10 years in accordance with CGA C-23. Lastly, 
PHMSA adds paragraph (d)(5) to specify the conditions for removal and 
examination of cylinders in accordance with CGA C-23.

P. Section 180.207

    Section 180.207 prescribes the requirements for the requalification 
of UN pressure receptacles. PHMSA revises Sec.  180.207(d)(1) to 
require that each seamless steel UN pressure receptacle that is 12 feet 
or longer with an outside diameter greater than or equal to 18 inches 
supported by the neck mounting surface during transportation in 
commerce be inspected at least every 10 years in accordance with CGA C-
23. In addition, PHMSA specifies conditions for removal and examination 
of the cylinder in accordance with CGA C-23.

Q. Section 180.209

    Section 180.209 describes the requalification requirements for 
specification cylinders. PHMSA is making an editorial revision to table 
1 in paragraph (a) to reference the UE for 3T and special permit 
cylinders. PHMSA is also making editorial revisions to paragraphs (d) 
and (m) to reference Sec.  180.205(j) instead of Sec.  180.205(i) to 
conform with a redesignation of that paragraph.

R. Section 180.212

    Section 180.212 specifies the requirements for the repair of 
seamless DOT 3-series specification cylinders and seamless UN pressure 
receptacles. PHMSA adds Sec.  180.212(a)(4) to allow derating the 
service pressure of DOT 3-series seamless steel tubes. PHMSA also 
revises Sec.  180.212(b)(2) to: (1) allow, as a repair, the external 
threading of a DOT 3-series cylinder or a seamless UN pressure 
receptacle manufactured without external threads; and (2) not limit 
external rethreading to UN pressure receptacles mounted in a MEGC.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This rulemaking is published under the authority of Federal 
Hazardous Materials Transportation Law (Federal

[[Page 15655]]

Hazmat Law; 49 U.S.C. 5101 et seq.), which authorizes the Secretary of 
Transportation to ``prescribe regulations for the safe transportation, 
including security, of hazardous materials in intrastate, interstate, 
and foreign commerce.'' The Secretary has delegated the authority 
granted in the Federal Hazmat Law to the PHMSA Administrator at 49 CFR 
1.97. This rulemaking amends several sections of the HMR in response to 
petitions for rulemaking received from the regulated community.

B. Executive Orders 12866 and 14094, and DOT Regulatory Policies and 
Procedures

    Executive Order 12866 (``Regulatory Planning and Review''),\44\ as 
amended by Executive Order 14094 (``Modernizing Regulatory 
Review''),\45\ requires that agencies ``should assess all costs and 
benefits of available regulatory alternatives, including the 
alternative of not regulating.'' Agencies should consider quantifiable 
measures and qualitative measures of costs and benefits that are 
difficult to quantify. Further, Executive Order 12866 requires that 
agencies should select those regulatory approaches that maximize net 
benefits (including potential economic, environmental, public health 
and safety, and other advantages; distributive impacts; and equity), 
unless a statute requires another regulatory approach. Similarly, DOT 
Order 2100.6A (``Rulemaking and Guidance Procedures'') requires that 
regulations issued by PHMSA and other DOT Operating Administrations 
should consider an assessment of the potential benefits, costs, and 
other important impacts of the proposed action, and should quantify (to 
the extent practicable) the benefits, costs, and any significant 
distributional impacts, including any environmental impacts.
---------------------------------------------------------------------------

    \44\ 58 FR 51735 (Oct. 4, 1993).
    \45\ 88 FR 21879 (April 11, 2023). PHMSA acknowledges that a 
recent update to Circular A-4 contemplates that agencies will use a 
different discount rate than those employed in the discussion below 
and the Regulatory Impact Analysis (RIA) beginning in January 2025. 
However, PHMSA notes that that update to Circular A-4 permits the 
use of those historical discount rates based on the Federal Register 
publication date of this final rule. See OMB, Circular A-4, 
``Regulatory Analysis'' at 93 (Nov. 9, 2023).
---------------------------------------------------------------------------

    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 (as amended) and, therefore, was not formally reviewed by OMB. 
This rulemaking is also not considered a significant rule under DOT 
Order 2100.6A.
    PHMSA is responding to 18 petitions that have been submitted by the 
public in accordance with the APA and PHMSA's rulemaking procedure 
regulations (49 CFR 106.95 and 106.100). Overall, this final rule would 
maintain the continued safe transportation of hazardous materials while 
producing a net cost savings. PHMSA's findings are summarized here and 
described in further detail in the Regulatory Impact Analysis (RIA), 
which can be found in the regulatory docket (Docket ID: PHMSA-2020-
0102) at www.regulations.gov.
Summary of Findings
    PHMSA estimates a present value of quantified net cost savings of 
approximately $19.95 million over a perpetual time horizon and $1.99 
million annualized at a two percent discount rate. These estimates do 
not include non-monetized and qualitative cost/cost savings discussed 
in the RIA.
    PHMSA's cost savings analysis relies on the monetization of impacts 
for seven petitions included in this rulemaking. All but one of these 
petitions have annualized cost savings. The following table presents a 
summary of the seven petitions that would have monetized impacts upon 
codification and contribute to PHMSA's estimation of quantified net 
cost savings.

                    Total Estimated Cost Savings, 2024-2033, Discounted at 2% Rate, 2023$USD
----------------------------------------------------------------------------------------------------------------
                                                                                  Total net cost  Annualized net
                                                         Rule provision               savings      cost savings
----------------------------------------------------------------------------------------------------------------
P-1718........................................  49 CFR 173.4b...................      $1,785,696        $178,570
P-1727........................................  49 CFR 180.205..................         303,127          30,313
P-1729........................................  49 CFR 171.7....................       (127,026)        (12,703)
P-1731........................................  49 CFR 171.7(r)(2)..............          67,460           6,746
P-1732........................................  49 CFR 178.503(a)(6)............       8,267,109         826,711
P-1734........................................  49 CFR 172.514(c)(4)............           4,244             424
P-1736........................................  49 CFR 171.7(r)(1)..............       9,655,983         965,598
                                                                                 -------------------------------
    Total.....................................  ................................      19,956,593       1,995,659
----------------------------------------------------------------------------------------------------------------

    In addition to these seven items, PHMSA described an additional 11 
items that may streamline regulatory compliance. While information gaps 
prevent quantification of cost savings for these items, PHMSA has 
determined they provide relief from unnecessary requirements or provide 
additional flexibility without compromising safety.
Conclusion
    This final rule is not considered a significant regulatory action 
within the meaning of Executive Order 12866, as amended, and DOT 
policies and procedures. (See DOT Order 2100.6A.) The economic effects 
of this regulatory action would not have an effect on the economy that 
exceeds the annual monetary threshold defined by Executive Order 12866 
(as amended), and that the regulatory action is not otherwise 
significant. PHMSA estimates a present value of quantified net cost 
savings of approximately $19.95 million over a perpetual time horizon 
and $1.99 million annualized at a two percent discount rate. Please see 
the RIA in the regulatory docket for additional detail and a 
description of PHMSA's methods and calculations.

C. Executive Order 13132

    This rulemaking was analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism'') \46\ and 
the Presidential memorandum (``Preemption'').\47\ Executive Order 13132 
requires agencies to assure meaningful and timely input by state and 
local officials in the development of

[[Page 15656]]

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.'' This rulemaking does not revise 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. Therefore, the consultation and funding requirements of 
Executive Order 13132 do not apply.
---------------------------------------------------------------------------

    \46\ 64 FR 43255 (Aug. 10, 1999).
    \47\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------

    Federal Hazmat Law contains a general preemption provision (49 
U.S.C. 5125(a)) in the event compliance with a State, local, or Native 
American Tribe requirement is not possible or presents an obstacle to 
compliance. Additionally, Federal Hazmat Law contains an express 
preemption provision (49 U.S.C. 5125(b)) that preempts State, local, 
and Native American Tribal requirements on:
    (1) The designation, description, and classification of hazardous 
materials.
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials.
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents.
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material.
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses covered subject items above and preempts 
State, local, and Indian Tribe requirements not meeting the 
``substantively the same'' standard. DOT has determined that this final 
rule would provide cost savings and regulatory flexibility to the 
regulated community without compromising safety.

D. Executive Order 13175

    This rulemaking was analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments'') \48\ and DOT Order 
5301.1A (``Department of Transportation Tribal Consultation Policy and 
Procedures''). Executive Order 13175 requires agencies to assure 
meaningful and timely input from Indian 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 Tribes.
---------------------------------------------------------------------------

    \48\ 65 FR 67249 (Nov. 6, 2000).
---------------------------------------------------------------------------

    PHMSA has determined that this rulemaking does not have substantial 
Tribal implications, because it will not substantially or uniquely 
affect Tribal communities or Indian Tribal governments. The final 
rule's regulatory amendments are facially neutral and will have broad, 
national scope; the rule will not significantly or uniquely affect 
Tribal communities, much less impose substantial compliance costs on 
Native American Tribal governments or mandate Tribal action. And 
insofar as PHMSA concludes that the final rule will improve safety and 
reduce environmental risks associated with transportation of hazardous 
materials, PHMSA expects it will not entail disproportionately high 
adverse risks for Tribal communities. Therefore, the funding and 
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act, as amended by the Small Business 
Regulatory Flexibility Fairness Act of 1996 (RFA; 5 U.S.C. 601 et 
seq.), requires agencies to consider whether a rulemaking would have a 
``significant economic impact on a substantial number of small 
entities'' to include small businesses; not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields; and governmental jurisdictions with populations under 50,000. 
The RFA 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'') \49\ requires agencies to establish procedures and 
policies to promote compliance with the RFA 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.
---------------------------------------------------------------------------

    \49\ 67 FR 53461 (Aug. 16, 2002).
---------------------------------------------------------------------------

    This rulemaking has been developed in accordance with Executive 
Order 13272 and DOT's procedures and policies to promote compliance 
with the RFA and ensure that potential impacts of rulemakings on small 
entities are properly considered. PHMSA prepared an initial regulatory 
flexibility analysis within the Preliminary Regulatory Impact Analysis 
(PRIA) supporting the NPRM. The small entities that could be impacted 
by this rule include all small entities engaged in the shipment of 
hazardous materials that are already subject to HMR requirements. PHMSA 
expects this final rule to facilitate new technologies or other changes 
that provide safety equivalence at lower cost; streamline or reduce 
recordkeeping and other paperwork and reporting requirements; and 
address other changes to reduce the regulatory burden of the HMR. PHMSA 
has individually evaluated each of the regulatory amendments contained 
in this rulemaking using available information, and PHMSA certifies 
that the changes adopted in this final rule will (neither individually 
nor in the aggregate) have a significant economic impact on a 
substantial number of small businesses. PHMSA has provided a regulatory 
flexibility analysis for this final rule within the RIA in the docket 
for this proceeding.

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 any 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 an 
opportunity to comment on information collection and recordkeeping 
requests.
    PHMSA has analyzed this rulemaking in accordance with the Paperwork 
Reduction Act. This final rule does not impose new information 
collection requirements. PHMSA currently has an approved information 
collection under OMB Control No. 2137-0051, entitled ``Rulemaking, 
Special Permits, and Preemption Requirements,'' expiring on November 
30, 2024. This rulemaking eliminates the need for persons to renew a 
special permit, resulting in a decrease in burden. PHMSA estimates the 
reduction in information collection burden as follows:
    OMB Control No. 2137-0051: Rulemaking, Special Permits, and 
Preemption Requirements.

[[Page 15657]]

    Decrease in Annual Number of Respondents: 139.
    Decrease in Annual Responses: 139.
    Decrease in Annual Burden Hours: 208.5.
    Decrease in Annual Burden Cost: $0.
    PHMSA did not receive any comments related to the Paperwork 
Reduction Act in the comments to the NPRM. Please direct your requests 
for a copy of this information collection to Steven Andrews, Office of 
Hazardous Materials Standards (PHH-12), Pipeline and Hazardous 
Materials Safety Administration, 1200 New Jersey Avenue SE, 2nd Floor, 
Washington, DC 20590-0001.

G. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et 
seq.) requires agencies to assess the effects of Federal regulatory 
actions on State, local, and Tribal governments, and the private 
sector. For any NPRM or final rule that includes a Federal mandate that 
may result in the expenditure by State, local, and Tribal governments, 
or by the private sector of $100 million or more in 1996 dollars in any 
given year, the agency must prepare, amongst other things, a written 
statement that qualitatively and quantitatively assesses the costs and 
benefits of the Federal mandate.
    As explained in the RIA, available for review in the docket, this 
final rule does not impose unfunded mandates under the UMRA. It does 
not result in costs of $100 million or more in 1996 dollars to either 
State, local, or Tribal governments, or to the private sector, in any 
one year. Therefore, the analytical requirements of UMRA do not apply. 
A copy of the RIA 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 actions to determine 
whether the action would have a significant impact on the human 
environment. The Council on Environmental Quality implementing 
regulations (40 CFR parts 1500 through 1508) requires Federal agencies 
to consider the environmental impacts of their actions in the decision-
making process. NEPA requires Federal agencies to assess the 
environmental effects of proposed Federal actions prior to making 
decisions and involve the public in the decision-making process. 
Agencies must prepare an environmental assessment (EA) for an action 
for which a categorical exclusion is not applicable, and is either 
unlikely to have significant effects or when significance of the action 
is unknown. In accordance with these requirements, an EA must briefly 
discuss: (1) the need for the action; (2) the alternatives considered; 
(3) the environmental impacts of the action and alternatives; and (4) a 
listing of the agencies and persons consulted. If, after reviewing the 
EA and public comments (as applicable), in response to a draft EA 
(DEA), an agency determines that a proposed action will not have a 
significant impact on the human or natural environment, it can conclude 
the NEPA analysis with a finding of no significant impact (FONSI). DOT 
Order 5610.1C (``Procedures for Considering Environmental Impacts'') 
establishes departmental procedures for evaluation of environmental 
impacts under NEPA and its implementing regulations. PHMSA did not 
receive any comments related to the DEA in response to the NPRM. This 
final EA (FEA) adopts by reference the analysis included above in this 
final rule and in the NPRM.
1. Purpose and Need
    In response to petitions for rulemaking submitted by the regulated 
community, PHMSA is amending the HMR to update, clarify, or streamline 
various regulatory requirements. Specifically, PHMSA amendments 
include--but are not limited to--the following: incorporating by 
reference (IBR) multiple publications from CGA, IME, and the UN; 
allowing for greater flexibility of packaging options in the 
transportation of compressed natural gas in cylinders; streamlining the 
approval application process for the repair of specific DOT 
specification cylinders; providing greater clarity regarding the 
filling requirements for certain cylinders used to transport hydrogen 
and hydrogen mixtures; streamlining hazard communication by allowing 
marking exceptions under certain conditions during the transportation 
of lithium button cell batteries; and modifying the definition of 
liquid to include the test for determining fluidity (penetrometer test) 
prescribed in the ADR.
    These amendments are intended to promote safety, provide clarity, 
and streamline regulatory requirements. The amendments were identified 
in response to petitions from stakeholders affected by the HMR. These 
amendments clarify the HMR and enhance safety, while offering some net 
economic benefits.
    This action: (1) fulfills our statutory directive to promote 
transportation safety; (2) fulfills our statutory directive under the 
Administrative Procedure Act that requires Federal agencies to give 
interested persons the right to petition an agency to issue, amend, or 
repeal a rule (5 U.S.C. 553(e)); (3) supports governmental efforts to 
eliminate unnecessary burdens on the regulated community; (4) addresses 
safety concerns raised by petitioners and removes identified regulatory 
ambiguity; and (5) simplifies and clarifies the regulations to promote 
understanding and compliance.
    These regulatory revisions would offer more efficient and effective 
ways of achieving the PHMSA goal of safe and secure transportation of 
hazardous materials in commerce, protecting both people and the 
environment.
2. Alternatives Considered
    In this rulemaking, PHMSA is considering the following 
alternatives:
Alternative #1: No Action
    If PHMSA were to select the No Action Alternative, current 
regulations would remain in place and no provisions would be amended or 
added.
Alternative #2: Amend the HMR as Provided in This Final Rule
    The Final Rule Alternative would adopt the HMR amendments set forth 
in this final rule and was previously referred to as the ``Proposed 
Action Alternative'' in the draft environmental assessment (DEA) that 
was included within the NPRM. The amendments included in this 
alternative are more fully discussed in the preamble and regulatory 
text sections of this final rule.
3. Reasonably Foreseable Environmental Impacts of the Alternatives
Alternative #1 No Action
    After careful consideration of public comments to the NPRM (none of 
which directly addressed the DEA), and revised analyses of economic and 
environmental impacts of the Proposed Action Alternative, PHMSA is 
adopting the Proposed Action Alternative (i.e., the Final Rule) as the 
Selected Action. If PHMSA selected the No Action Alternative, the HMR 
would remain unchanged, and no provisions would be amended or added. 
However, any economic benefits gained through the proposals, which 
include harmonization in updates to transport standards, lists of 
regulated substances, definitions, packagings, markings requirements, 
shipper requirements, and modal requirements, would not be realized. 
Foregone efficiencies in the No Action Alternative also include freeing 
up limited resources to concentrate on hazardous materials 
transportation issues of potentially much greater environmental impact. 
Not adopting the environmental and safety requirements

[[Page 15658]]

in the final rule under the ``No Action Alternative'' would result in a 
lost opportunity for reducing negative environmental and safety-related 
impacts due to the revisions in this final rule decreasing the 
possibility of a hazardous release. Greenhouse gas emissions would 
remain the same under the No Action Alternative. However, the No Action 
Alternative could have a modest negative impact on GHG emissions. PHMSA 
anticipates the provisions for the transportation of compressed natural 
gas/methane in UN pressure receptacles to have a minimal positive 
effect on greenhouse gas emissions. This would result from stricter 
packaging restrictions that should result in fewer failures of these 
packages and thus, fewer releases of materials into the environment. 
Therefore, by choosing the No Action Alternative, a potential reduction 
in GHG emissions would not be achieved.
4. Final Action Alternative
    When developing potential regulatory requirements, PHMSA evaluates 
those requirements to consider the environmental impact of each 
amendment. Specifically, PHMSA evaluates the risk of release and 
resulting environmental impact; the risk to human safety, including any 
risk to first responders; the longevity of the packaging; and if the 
regulation would be carried out in a defined geographic area using 
specific resources, especially any sensitive areas and how they could 
be impacted by any regulations. The regulatory changes in this 
rulemaking have been determined to be clarification, technology/design 
updates, harmonization, regulatory flexibility, standard incorporation, 
or editorial in nature. As such, these amendments have little or no 
impact on the risk of release and resulting environmental impact, human 
safety, or longevity of the packaging. None of these amendments would 
be carried out in a defined geographic area because this is a 
nationwide rulemaking.
    The ``Final Action Alternative'' encompasses enhanced and clarified 
regulatory requirements, which would result in increased compliance and 
fewer negative environmental and safety impacts. This EA incorporates 
the safety analyses in the preamble sections of the final rule. The 
table and list below summarize the possible environmental benefits, 
greenhouse gas emissions, and any potential negative impacts for the 
amendments in the final rule.

                             Summary of Probable Environmental Impacts by Amendments
----------------------------------------------------------------------------------------------------------------
                                                                 Probable  anticipated
  Amendment(s) to HMR  (lettered as     Type of  amendment(s)        environmental            Greenhouse gas
            above herein)                                              impact(s)                emissions
----------------------------------------------------------------------------------------------------------------
1. P-1714--Transportation of           Regulatory Flexibility.  Minimal positive         Minimal positive
 Compressed Natural Gas/Methane in UN                            impacts.                 impacts.
 Pressure Receptacles.
2. P-1716--Threading and repair of     Regulatory Flexibility.  No impacts.............  No impacts.
 seamless DOT 3-series specification
 cylinders and seamless UN pressure
 receptacles.
3. P-1717/P-1725--Clarification of     Regulatory Flexibility.  No impacts.............  No impacts.
 the requirements for non-liquefied
 compressed gases.
4. P-1718--De minimus quantities of    Regulatory Flexibility-- No impacts.............  No impacts.
 poisonous materials.                   Harmonization.
5. P-1736--Clarification of the        Regulatory Flexibility.  No impacts.............  No impacts.
 marking requirements for button cell
 lithium batteries contained in
 equipment.
6. P-1727--IBR of CGA C-20 (2014)....  Standard Incorporation.  No impacts.............  No impacts.
7. P-1728--Gas Mixtures Containing     Regulatory Flexibility.  No impacts.............  No impacts.
 Components Defined as Liquefied
 Gases.
8. P-1729--Incorporation by reference  Standard Incorporation.  Minimal positive         No impacts.
 of CGA C-23 (2018).                                             impacts.
9. P-1731--IBR of IME's Safety         Standard Incorporation.  No impacts.............  No impacts.
 Library Publication 23 (SLP-23).
10. P-1732--Revision of testing and    Regulatory Flexibility.  No impacts.............  No impacts.
 marking of UN specification
 packagings.
11. P-1734--Authorizing smaller-sized  Regulatory Flexibility.  No impacts.............  No impacts.
 combustible placard on IBCs.
12. P1736--IBR of IME Safety Library   Standard Incorporation.  Minimal positive         No impacts.
 Publication 22 (SLP-22).                                        impacts.
13. P-1738--Definition of a Liquid...  Regulatory Flexibility-- No impacts.............  No impacts.
                                        Harmonization.
14. P-1744--Incorporate by reference   Standard Incorporation.  No impacts.............  No impacts.
 updated Appendix A to CGA C-7 (2020).
15. P-1746--IBR of CGA C-27 (2019)...  Standard Incorporation.  No impacts.............  No impacts.
16. P-1747--IBR of CGA C-29 (2019)...  Standard Incorporation.  Minimal positive         No impacts.
                                                                 impacts.
17. P-1748--IBR of CGA V-9 (2019)....  Standard Incorporation.  No impacts.............  No impacts.
----------------------------------------------------------------------------------------------------------------

    1. P-1714--PHMSA is implementing packaging restrictions for the 
transportation of CNG and methane in UN seamless steel pressure 
receptacles with a tensile strength greater than 950 MPa. As discussed 
in sections III and IV of this final rule, the packaging restrictions 
should result in fewer failures of these packages and thus, fewer 
releases of materials into the environment. Additionally, because this 
revision involves the transportation of GHGs, its effect on the 
reduction of GHGs emissions may be minimal.
    2. P-1716--PHMSA is revising the requirements for repairing 
seamless DOT 3-series specification cylinders and seamless UN pressure 
receptacles manufactured without external threads and authorizing the 
performance of this work without requiring prior approval from PHMSA. 
This revision provides regulatory flexibility while maintaining safety. 
As discussed in sections III and

[[Page 15659]]

IV of this final rule, PHMSA has determined that this is an improvement 
over the previous method of using set screws to secure the tubes, which 
resulted in indentations being carved into the tube necks as the tube 
jostled during transport. This revision is intended to lower the risk 
of an incident since this package is expected to increase safety, so 
the proposal may result in positive environmental impacts due to less 
risk of an accident in transportation. This revision will not result in 
any increase to GHG emissions due to the decreased probability of an 
incident involving these cylinders.
    3. P-1717/P-1725--PHMSA is amending Sec.  173.302a(c) of the HMR to 
reflect the independent material construction requirements for 
cylinders with special filling limits for DOT specification 3A, 3AX, 
3AA, and 3AAX cylinders containing Division. 2.1 (flammable) gases. As 
discussed in sections III and IV of this final rule, these amendments 
would not represent any incremental, quantifiable safety effects 
because PHMSA already authorizes the transportation in commerce of 
hydrogen and mixtures of hydrogen with helium, argon, or nitrogen in 
certain cylinders filled to 10 percent in excess of their marked 
service pressures. Therefore, this revision will not have any impacts 
on the environment nor GHG emissions.
    4. P-1718--PHMSA is amending Sec.  173.4b to harmonize the de 
minimis exceptions for Division 6.1, PG I (no inhalation hazard) 
materials with international regulations. The release of Division 6.1, 
PG I materials, including toxic substances, poisons, and irritating 
material, can have a negative effect on human health and the 
environment due to toxicity levels of the material. However, as 
discussed in sections III and IV of this final rule, because the 
revisions would authorize an existing exception for de minimis 
quantities of additional materials with appropriate safeguards, PHMSA 
does not anticipate any significant environmental impacts nor any 
effects on GHG emissions.
    5. P-1726--PHMSA is revising Sec.  173.185(c)(3) to clarify that 
lithium button cell batteries installed in equipment are excepted from 
the marking requirement and not subject to the quantity per package or 
per consignment limitation. As discussed in sections III and IV of this 
final rule, because this is not a new requirement and simply clarifies 
the current requirements in the HMR, there are no environmental impacts 
and no changes in GHG emissions.
    6. P-1727--PHMSA is incorporating by reference CGA C-20 (2014), 
``Requalification Standard for Metallic, DOT, and TC 3-Series Gas 
Cylinders and Tubes Using Ultrasonic Examination, Second Edition.'' CGA 
C-20 provides technical specification for the ultrasonic examination of 
cylinders. As discussed in sections III and IV of this final rule, 
PHMSA expects that the use of ultrasonic examination will provide a 
level of safety at least equivalent to what is currently allowed under 
the HMR. PHMSA already allows for the ultrasonic examination of certain 
cylinders (see Sec.  180.212 for example). Additionally, Sec.  
180.205(f) will no longer require internal visual inspection for these 
cylinders once they have undergone ultrasonic examination, as these 
actions would be duplicative. The incorporation by reference of CGC C-
20 will not have any environmental impacts and will not result in any 
increase to GHG emissions.
    7. P-1728--PHMSA is authorizing an alternative description of gas 
mixtures containing components defined as liquefied gases. This 
revision helps clarify confusion among stakeholders when the content of 
a cylinder is described as a liquefied compressed gas that resembles a 
non-liquefied compressed gas. As discussed in sections III and IV of 
this final rule, PHMSA has determined that the revision is safety 
neutral or slightly improves safety, and will provide regulatory 
flexibility to the regulated community without a reduction in safety. 
For these reasons, this revision will not have any environmental 
impacts nor result in any increase to GHG emissions.
    8. P-1729--PHMSA is incorporating by reference CGA C-23 (2018), 
``Standard for Inspection of DOT/TC 3 series and ISO 11120 Tube Neck 
Mounting Surfaces, Second Edition,'' into the HMR at Sec.  171.7. As 
discussed in sections III and IV of this final rule, CGA C-23 provides 
an inspection standard that PHMSA anticipates will reduce the 
likelihood of a release from a DOT/TC 3 series cylinders. Thus, PHMSA 
anticipates this revision to have a minimal positive environmental 
impact. PHMSA does not anticipate an increase to GHG emissions as these 
revisions will not have an effect on the usage of DOT/TC 3 series 
cylinders.
    9. P-1731--PHMSA is incorporating by reference an updated version 
of IME SLP-23 (2021), titled ``Recommendations for the Transportation 
of Explosives, Division 1.5; Ammonium Nitrate Emulsions, Division 5.1; 
and Combustible Liquids in Bulk Packaging.'' As discussed in Sections 
III and IV of this final rule, this updates a previously approved 
version of SLP-23 and provides necessary technical updates and 
regulatory flexibility. As part of the updated SLP-23, IME included 
packages designed for the safe transportation of Ammonium Nitrate 
Emulsions. As part of the review of the IME publication, PHMSA 
determined these packages were adequate for the safe transportation of 
Ammonium Nitrate Emulsions. Thus, this revision will not have any 
environmental impacts and will not result in any increase to GHG 
emissions.
    10. P-1732--PHMSA is amending Sec.  178.601(g) by allowing inner 
packagings of articles containing UN0012, UN0014, UN0044, and UN0055 to 
be assembled and transported without further testing provided that the 
outer packaging of a combination packaging successfully passes the 
tests in accordance with 49 CFR 178.603 and 178.606, and the gross mass 
does not exceed that of the tested type. This revision will provide 
regulatory flexibility to the regulated community without a reduction 
in safety. For these reasons, PHMSA does not anticipate this revision 
to have any environmental impacts nor result in any increase to GHG 
emissions.
    11. P-1734--PHMSA is revising Sec.  172.514(c)(4) by incorporating 
the provisions in DOT SP-16295, which would add an option for smaller 
placards for IBCs carrying combustible liquids. In addition, PHMSA is 
revising Sec.  172.514(c)(1) to allow an option for smaller placards on 
portable tanks. As discussed in sections III and IV of this final rule, 
this revision does not change the safety requirements for the 
transportation or filling of an IBC. PHMSA expects that this revision 
will provide regulatory flexibility to the regulated community without 
a reduction in safety. For these reasons, PHMSA does not anticipate 
this revision to have any environmental impacts nor result in any 
increase to GHG emissions.
    12. P-1736--PHMSA is incorporating by reference IME SLP-22 (2019), 
``Recommendations for the Safe Transportation of Detonators in a 
Vehicle with Certain Other Explosive Materials.'' As discussed in 
sections III and IV of this final rule, PHMSA conducted a technical 
review and examined each of these revisions included in SLP-22 (2019) 
and asserts that these changes will either maintain or enhance safety 
requirements. Additionally, PHMSA expects that this revision will 
provide regulatory flexibility to the regulated community without a 
reduction in safety. The revisions may result in minor positive 
environmental impacts due to less

[[Page 15660]]

packaging failures that will increase safety. PHMSA does not anticipate 
this revision to result in any increase to GHG emissions.
    13. P-1738--PHMSA is modifying the definition of liquid in Sec.  
171.8 to include the test for determining fluidity (penetrometer test), 
prescribed in section 2.3.4 of Annex A of the ADR. As discussed in 
sections III and IV of this final rule, PHMSA asserts that the revised 
test is more empirical in nature and provides better understanding of 
the properties of the tested material and thus, better hazard 
classification. PHMSA expects that this revision will provide 
regulatory flexibility to the regulated community by offering an 
additional test method and will not result in a reduction in safety. As 
a result, PHMSA does not anticipate this revision to have any 
environmental impacts nor result in any increase to GHG emissions.
    14. P-1744--PHMSA is incorporating by reference the updated 
Appendix A of CGA publication C-7 (2020), ``Guide to Classification and 
Labeling of Compressed Gases, Eleventh Edition,'' into the HMR at Sec.  
171.7(n)(8). As discussed in sections III and IV of this final rule, 
this revision updates a previously approved version of CGA C-7 and 
provides necessary technical updates and regulatory flexibility. PHMSA 
expects that this revision will provide regulatory flexibility to the 
regulated community without any reduction in safety. As a result, PHMSA 
does not anticipate this revision to have any environmental impacts nor 
result in any increase to GHG emissions.
    15. P-1746--PHMSA is incorporating by reference CGA C-27 (2019), 
``Standard Procedure to Derate the Service Pressure of DOT 3-Series 
Seamless Steel Tubes, First Edition.'' As discussed in sections III and 
IV of this final rule, PHMSA has determined that the method for 
pressure derating of tubes is essentially the same as what is outlined 
in current PHMSA guidance. PHMSA expects that this revision will 
provide regulatory flexibility to the regulated community without a 
reduction in safety. Therefore, PHMSA does not anticipate this revision 
to have any environmental impacts nor result in any increase to GHG 
emissions.
    16. P-1747--PHMSA is incorporating by reference CGA C-29 (2019), 
``Standard for Design Requirements for Tube Trailers and Tube Modules, 
First Edition,'' which would supersede CGA TB-25 (2018), ``Design 
Considerations for Tube Trailers.'' As discussed in sections III and IV 
of this final rule, PHMSA concludes that tube trailers or modules 
manufactured in accordance with CGA C-29 are less likely to have 
separation of tubes from the trailer or bundle, resulting in the 
unintentional release of hazardous materials, when subjected to 
multidirectional forces that can occur in highway collisions, including 
rollover accidents. This revision will increase safety for the 
transportation of hazardous materials in tube trailers because it may 
reduce the incidence of releases of hazardous materials due to failure 
of tube mountings. Therefore, this revision may have minimal positive 
environmental impacts. PHMSA does not anticipate this revision to 
result in any increase to GHG emissions.
    17. P-1748--PHMSA is incorporating by reference CGA V-9 (2019), 
``Compressed Gas Association Standard for Compressed Gas Cylinder 
Valves, Eighth Edition.'' As discussed in sections III and IV of this 
final rule, this revision updates a previously approved version of CGA 
V-9 and provides necessary technical updates and regulatory 
flexibility. PHMSA expects that this revision will provide regulatory 
flexibility to the regulated community without a reduction in safety. 
PHMSA does not anticipate this revision to have any environmental 
impacts nor result in any increase to GHG emissions.
5. Environmental Justice
    Executive Order 12898 (``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations'') \50\ and 
DOT Order 5610.2C (``Department of Transportation Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations'') directs Federal agencies to take appropriate and 
necessary steps to identify and address disproportionately high and 
adverse effects of Federal actions on the health or environment of 
minority and low-income populations ``[t]o the greatest extent 
practicable and permitted by law.'' DOT Order 5610.2C (``U.S. 
Department of Transportation Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations'') establishes 
departmental procedures for effectuating Executive Order 12898 by 
promoting and considering environmental justice principles throughout 
planning and decision-making processes in the development of programs, 
policies, and activities--including PHMSA rulemaking.
---------------------------------------------------------------------------

    \50\ 59 FR 7629 (Feb. 16, 1994).
---------------------------------------------------------------------------

    PHMSA has evaluated this final rule under the above Executive order 
and DOT Order 5610.2C. PHMSA finds the final rule will not cause 
disproportionately high and adverse human health and environmental 
effects on minority, low-income, underserved, and other disadvantaged 
populations and communities. The rulemaking 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 the rulemaking would not adversely affect the safe 
transportation of hazardous materials generally, its revisions will not 
entail disproportionately high adverse risks for minority populations, 
low-income populations, or other underserved and other disadvantaged 
communities.
    PHMSA submits that the final rule will in fact reduce risks to 
minority populations, low-income populations, or other underserved and 
other disadvantaged communities. Because the 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 final rule will 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 anticipates that its 
HMR amendments will yield minimal GHG emissions reductions, thereby 
reducing the risks posed by anthropogenic climate change to minority, 
low-income, underserved, and other disadvantaged populations and 
communities.
6. Agencies Consulted
    PHMSA has coordinated with the Federal Aviation Administration, the 
Federal Motor Carrier Safety Administration, the Federal Railroad 
Administration, and the United States Coast Guard in the development of 
this final rule. As such, PHMSA did not receive any adverse comments on 
the amendments in this final rule from these or any other Federal 
agencies.
7. Finding of No Signifcant Impact
    PHMSA finds the adoption of the Final 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 
final rule will have

[[Page 15661]]

no significant impact on the human environment. PHMSA finds that the 
Final 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 finds that codification and implementation of this rule 
will not result in a significant impact to the human environment. This 
finding is consistent with Executive Order 14096 (``Revitalizing Our 
Nation's Commitment to Environmental Justice for All'') \51\ by 
achieving several goals, including continuing to deepen the Biden-
Harris Administration's whole of Government approach to environmental 
justice and to better protect overburden communities from pollution and 
environmental harms.
---------------------------------------------------------------------------

    \51\ 88 FR 25251 (April 26, 2023).
---------------------------------------------------------------------------

I. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform any amendments to the HMR considered in this 
rulemaking. DOT posts these comments, without edit, including any 
personal information the commenter provides, to www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 FDMS). For 
information on DOT's compliance with the Privacy Act, please see 
www.dot.gov/privacy.

J. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609 (``Promoting International Regulatory 
Cooperation''),\52\ agencies must consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. To 
meet 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.
---------------------------------------------------------------------------

    \52\ 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), 
prohibits Federal 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 these standards form the basis for U.S. 
standards. PHMSA participates in the establishment of international 
standards in order to protect the safety of the American public. PHMSA 
has assessed the effects of this final rule and concludes that it will 
not cause unnecessary obstacles to foreign trade.

K. Executive Order 13211

    Executive Order 13211 (``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'') \53\ 
requires Federal agencies to prepare a Statement of Energy Effects for 
any ``significant energy action.'' Under the Executive order, a 
``significant energy action'' is defined 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 
(including a notice of inquiry, advanced notice of proposed rulemaking 
(ANPRM), and NPRM) 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; or (2) is designated by the Administrator of the Office 
of Information and Regulatory Affairs (OIRA) as a significant energy 
action.
---------------------------------------------------------------------------

    \53\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

    This rulemaking has not been designated as a significant regulatory 
action and has not been designated by OIRA as a significant energy 
action. In addition, PHMSA has concluded that this rulemaking will not 
result in a significant adverse effect on the supply, distribution, or 
use of energy. Therefore, PHMSA has not prepared an energy impact 
statement.

L. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 
(NTTAA; 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 standards bodies. 
Consistent with the goals of the NTTAA, PHMSA has adopted a significant 
number of voluntary consensus standards, which are listed in 49 CFR 
171.7.

M. Cybersecurity and Executive Order 14028

    Executive Order 14028 (``Improving the Nation's Cybersecurity'') 
\54\ directs the Federal Government to improve its efforts to identify, 
deter, and respond to ``persistent and increasingly sophisticated 
malicious cyber campaigns.'' PHMSA has considered the effects of the 
final rule and determined that its regulatory amendments will not 
materially affect the cybersecurity risk profile for transportation of 
hazardous materials.
---------------------------------------------------------------------------

    \54\ 86 FR 26633 (May 17, 2021).
---------------------------------------------------------------------------

N. Severability

    The purpose of this final rule is to operate holistically and, in 
concert with existing HMR requirements, provide defense-in-depth to 
ensure safe transportation of hazardous materials. However, PHMSA 
recognizes that certain provisions focus on unique topics. Therefore, 
PHMSA finds that the various provisions of this final rule are 
severable and able to operate functionally if severed from each other. 
In the event a court were to invalidate one or more of the unique 
provisions of this final rule, the remaining provisions should stand, 
thus allowing their continued effect.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Penalties, Reporting and recordkeeping requirements.

49 CFR Part 171

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

49 CFR Part 172

    Hazardous materials transportation, Hazardous waste, Incorporation 
by reference, Labeling, Markings, Packaging and containers, Reporting 
and recordkeeping requirements.

[[Page 15662]]

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference, 
Training, Packaging and containers, 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, 
Railroad safety, Reporting and recordkeeping requirements.
    In consideration of the foregoing, PHMSA amends 49 CFR chapter I as 
follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Section 
4; Pub. L. 104-121 Sections 212-213; Pub. L. 104-134 Section 31001; 
Pub. L. 114-74 Section 701 (28 U.S.C. 2461 note); 49 CFR 1.81 and 
1.97; 33 U.S.C. 1321.

0
2. In Sec.  107.117, revise paragraph (a) to read as follows:


Sec.  107.117   Emergency processing.

    (a) An application is granted emergency processing if the Associate 
Administrator, on the basis of the application and any inquiry 
undertaken, finds that:
    (1) Emergency processing is necessary to prevent significant injury 
to persons or property (other than the hazardous material to be 
transported) that could not be prevented if the application were 
processed on a routine basis;
    (2) Emergency processing is necessary for immediate national 
security purposes;
    (3) Emergency processing is necessary to prevent significant 
economic loss that could not be prevented if the application were 
processed on a routine basis; or
    (4) Emergency processing is necessary in support of an essential 
governmental (domestic or foreign) function that could not be satisfied 
if the application were processed on a routine basis.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
3. 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 701 (28 
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

0
4. In Sec.  171.7:
0
a. Revise paragraphs (n) and (r);
0
b. In paragraph (dd)(4) introductory text, remove the text ``Sec.  
171.23'' and add in its place the text ``Sec. Sec.  171.8; 171.23'';
0
c. Add paragraph (dd)(5); and
0
d. In table 1 to the section, add a main entry for ``Department of 
Commerce, 1401 Constitution Ave NW, Washington, DC 20230:'' in 
alphabetical order followed by the sub-entry ``Federal Standard H-28, 
Screw-Thread Standards for Federal Services''.
    The revisions and additions read as follows:


Sec.  171.7   Reference material.

* * * * *
    (n) Compressed Gas Association (CGA), 8484 Westpark Drive, Suite 
220, McLean, VA 22102; telephone 703-788-2700, www.cganet.com.
    (1) CGA C-1--2016 (CGA C-1), Methods for Pressure Testing 
Compressed Gas Cylinders, Eleventh Edition, copyright 2016; into 
Sec. Sec.  178.36; 178.37; 178.38; 178.39; 178.42; 178.44; 178.45; 
178.46; 178.47; 178.50; 178.51; 178.53; 178.55; 178.56; 178.57; 178.58; 
178.59; 178.60; 178.61; 178.65; 178.68; 180.205; 180.209.
    (2) CGA C-3--2005 (Reaffirmed 2011) (CGA C-3), Standards for 
Welding on Thin-Walled Steel Cylinders, Seventh Edition, copyright 
2005; into Sec. Sec.  178.47; 178.50; 178.51; 178.53; 178.55; 178.56; 
178.57; 178.58; 178.59; 178.60; 178.61; 178.65; 178.68; 180.211.
    (3) CGA C-5 (CGA C-5), Cylinder Service Life--Seamless Steel High 
Pressure Cylinders, 1991 (Reaffirmed 1995); into Sec.  173.302a.
    (4) CGA C-6--2013 (CGA C-6), Standards for Visual Inspection of 
Steel Compressed Gas Cylinders, Eleventh Edition, copyright 2013; into 
Sec. Sec.  172.102; 173.3; 173.198; 180.205; 180.209; 180.211; 180.411; 
180.519.
    (5) CGA C-6.1--2013 (CGA C-6.1), Standards for Visual Inspection of 
High Pressure Aluminum Compressed Gas Cylinders, Sixth Edition, 
copyright 2013 (corrected 4/14/2015); into Sec. Sec.  180.205; 180.209.
    (6) CGA C-6.2 (CGA C-6.2), Guidelines for Visual Inspection and 
Requalification of Fiber Reinforced High Pressure Cylinders, Third 
Edition, 1996; into Sec.  180.205.
    (7) CGA C-6.3--2013 (CGA C-6.3), Standard for Visual Inspection of 
Low Pressure Aluminum Alloy Compressed Gas Cylinders, Third Edition, 
copyright 2013; into Sec. Sec.  180.205; 180.209.
    (8) CGA C-7--2020 (CGA C-7), Guide to Classification and Labeling 
of Compressed Gases; Eleventh Edition, 2020 (corrected May 6, 2020); 
into Sec.  172.400a.
    (9) CGA C-8 (CGA C-8), Standard for Requalification of DOT-3HT 
Cylinder Design, 1985; into Sec. Sec.  180.205; 180.209.
    (10) CGA C-11--2013 (CGA C-11), Practices for Inspection of 
Compressed Gas Cylinders at Time of Manufacture, Fifth Edition, 
copyright 2013; into Sec.  178.35.
    (11) CGA C-12 (CGA C-12), Qualification Procedure for Acetylene 
Cylinder Design, 1994; into Sec. Sec.  173.301; 173.303; 178.59; 
178.60.
    (12) CGA C-13 (CGA C-13), Guidelines for Periodic Visual Inspection 
and Requalification of Acetylene Cylinders, Fourth Edition, 2000; into 
Sec. Sec.  173.303; 180.205; 180.209.
    (13) CGA C-14--2005 (Reaffirmed 2010) (CGA C-14), Procedures for 
Fire Testing of DOT Cylinder Pressure Relief Device Systems, Fourth 
Edition, copyright 2005; into Sec. Sec.  173.301; 173.323.
    (14) CGA C-20--2014 (CGA C-20), Requalification Standard for 
Metallic, DOT and TC 3-series Gas Cylinders and Tubes Using Ultrasonic 
Examination, Second Edition, 2014; into Sec.  180.205.
    (15) CGA C-23--2018 (CGA C-23), Standard for Inspection of DOT/TC 3 
Series and ISO 11120, Tube Neck Mounting Surfaces, Second Edition, 
2018; into Sec. Sec.  180.205; 180.207.
    (16) CGA C-27--2019 (CGA C-27), Standard Procedure to Derate the 
Service Pressure of DOT Series Seamless Steel Tubes, First Edition, 
2019; into Sec.  180.212.
    (17) CGA C-29--2019, (Formerly TB-25) (CGA C-29), Standard for 
Design Requirements for Tube Trailers and Tube Modules, First Edition, 
2019; into Sec.  173.301.
    (18) CGA G-1.6--2011 (CGA G-1.6), Standard for Mobile Acetylene 
Trailer Systems, Seventh Edition, copyright 2011; into Sec.  173.301.
    (19) CGA G-2.2 (CGA G-2.2), Guideline Method for Determining 
Minimum of 0.2% Water in Anhydrous Ammonia, Second Edition, 1985 
(Reaffirmed 1997); into Sec.  173.315.
    (20) CGA G-4.1 (CGA G-4.1), Cleaning Equipment for Oxygen Service, 
1985; into Sec.  178.338-15.
    (21) CGA P-20 (CGA P-20), Standard for the Classification of Toxic 
Gas Mixtures, Third Edition, 2003; into Sec.  173.115.
    (22) CGA S-1.1--2011 (CGA S-1.1), Pressure Relief Device 
Standards--Part 1--Cylinders for Compressed Gases; Fourteenth Edition, 
copyright 2011; into Sec. Sec.  173.301; 173.304a; 178.75.
    (23) CGA S-1.2 (CGA S-1.2), Safety Relief Device Standards Part 2--
Cargo

[[Page 15663]]

and Portable Tanks for Compressed Gases, 1980; into Sec. Sec.  173.315; 
173.318; 178.276; 178.277.
    (24) CGA S-7--2013 (CGA S-7), Standard for Selecting Pressure 
Relief Devices for Compressed Gas Mixtures in Cylinders, Fifth Edition, 
copyright 2013; into Sec.  173.301.
    (25) CGA Technical Bulletin TB-2, Guidelines for Inspection and 
Repair of MC-330 and MC-331 Cargo Tanks, 1980; into Sec. Sec.  180.407; 
180.413.
    (26) CGA Technical Bulletin TB-25 (CGA TB-25), Design 
Considerations for Tube Trailers, 2008 Edition; into Sec.  173.301.
    (27) CGA V-9--2019, Compressed Gas Association Standard for 
Compressed Cylinder Valves, Eighth Edition, 2019; into Sec.  173.301.
* * * * *
    (r) Institute of Makers of Explosives (IME), 1212 New York Avenue 
NW, #650, Washington, DC 20005, Phone: 202-429-9280.
    (1) IME SLP-22, Recommendations for the Safe Transportation of 
Detonators in a Vehicle with Certain Other Explosive Materials, 2019, 
(IME Standard 22); into Sec. Sec.  173.63; 177.835.
    (2) IME SLP-23, Recommendations for the Transportation of 
Explosives, Division 1.5, Ammonium Nitrate Emulsions, Division 5.1, 
Combustible Liquids, Class 3, and Corrosives, Class 8 in Bulk 
Packaging, March 2021, (IME Standard 23); into Sec. Sec.  172.102 
173.66; 173.251; 177.835.
* * * * *
    (dd) * * *
    (5) UN/SCETDG/55/INF.27, United Nations' Recommendations on Test 
Series 8: Applicability of Test Series 8(d), June 14, 2019; into Sec.  
172.102(c)(1), special provision 148.

    Table 1 to 49 CFR 171.7--Materials Not Incorporated by Reference
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
Department of Commerce, 1401 Constitution Ave. NW,
 Washington, DC 20230:
    Federal Standard H-28, Screw-Thread Standards for            180.212
     Federal Services...................................
 
                              * * * * * * *
------------------------------------------------------------------------


0
5. In Sec.  171.8, revise the definition of ``Liquid'' to read as 
follows:


Sec.  171.8   Definitions and abbreviations.

* * * * *
    Liquid means a material, other than an elevated temperature 
material, with a melting point or initial melting point of 20 [deg]C 
(68 [deg]F) or lower at a standard pressure of 101.3 kPa (14.7 psia). A 
viscous material for which a specific melting point cannot be 
determined must be subjected to the procedures specified in ASTM D 4359 
(IBR, see Sec.  171.7) or to the test for determining fluidity 
(penetrometer test) prescribed in section 2.3.4 of Annex A of the 
European Agreement Concerning the International Carriage of Dangerous 
Goods by Road (ADR) (IBR, see Sec.  171.7).
* * * * *

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

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

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


0
7. In Sec.  172.101, the Hazardous Materials Table is amended by 
revising the entries under ``[REVISE]'' to read as follows:


Sec.  172.101   Purpose and use of hazardous materials table.

* * * * *


Sec.  172.101  Hazardous Materials Table

[[Page 15664]]



----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    Hazardous                                                                                                  (8) Packaging (Sec.   173.***)             (9) Quantity limitations (see         (10) Vessel stowage
                    materials        Hazard                                                             Special     ---------------------------------------------------  Sec.  Sec.   173.27 and 175.75) -------------------------------
   Symbols      descriptions and    class or     Identification          PG          Label codes       provisions                                                      ----------------------------------
                 proper shipping    division          Nos.                                               (Sec.          Exceptions        Non-bulk           Bulk          Passenger      Cargo aircraft     Location          Other
                      names                                                                             172.102)                                                         aircraft/rail         only
(1)            (2)...............         (3)  (4)..............  (5)............  (6)............  (7)............  (8A)...........  (8B)...........  (8C)...........  (9A)...........  (9B)...........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REVISE]..........
 
                                                                                                              * * * * * * *
               Ammonium nitrate           5.1  UN3375...........  II.............  5.1............  147, 148, 163,   None...........  231............  251............  Forbidden......  Forbidden......  D.............  25, 59, 60,
                emulsion or                                                                          IB2, IP16,                                                                                                            66, 124
                Ammonium nitrate                                                                     TP48.
                suspension or
                Ammonium nitrate
                gel, intermediate
                for blasting
                explosives.
 
                                                                                                              * * * * * * *
               Explosive,                1.5D  UN0332...........  ...............  1.5D...........  105, 106, 148,   None...........  62.............  None...........  Forbidden......  Forbidden......  03............  25, 19E
                blasting, type E                                                                     TP48.
                or Agent
                blasting, type E.
 
                                                                                                              * * * * * * *
G............  Oxidizing liquid,          5.1  UN3139...........  I..............  5.1............  62, 127, A2....  None...........  201............  243............  Forbidden......  2.5 L..........  D.............  56, 58, 138
                n.o.s.
               ..................  ..........  .................  II.............  5.1............  62, 127, 148,    152............  202............  242............  1 L............  5 L............  B.............  56, 58, 138
                                                                                                     A2, IB2, TP48.
               ..................  ..........  .................  III............  5.1............  62, 127, 148,    152............  203............  241............  2.5 L..........  30 L...........  B.............  56, 58, 138
                                                                                                     A2, IB2.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 15665]]

* * * * *

0
8. In Sec.  172.102:
0
a. In paragraph (c)(1), revise special provision 148; and
0
b. In paragraph (c)(8)(ii), add special provision TP48 in numerical 
order.
    The revision and addition read as follows:


Sec.  172.102   Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    148 For domestic transportation, this entry directs to Sec.  173.66 
of this subchapter for:
    a. The standards for transporting a single bulk hazardous material 
for blasting by cargo tank motor vehicles (CTMV); and
    b. The standards for CTMVs capable of transporting multiple 
hazardous materials for blasting in bulk and non-bulk packagings (i.e., 
a multipurpose bulk truck). Note: ``UN3375, Ammonium nitrate emulsion'' 
and ``UN0332, Explosive, blasting, type E or Agent blasting, type E'' 
are subject to the United Nations (UN) Test Series 8(d) (UN/SCETDG/55/
INF.27) (IBR, see Sec.  171.7 of this subchapter), otherwise known as 
the Vented Pipe Test (VPT).
* * * * *
    (8) * * *
    (ii) * * *
    TP48 The use of IM 101 and 102 portable tanks when transported in 
accordance with IME Standard 23 (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *

0
9. In Sec.  172.514, revise paragraphs (c)(1) and (4) to read as 
follows:


Sec.  172.514   Bulk packagings.

* * * * *
    (c) * * *
    (1) A portable tank having a capacity of less than 3,785 L (1,000 
gallons). Additionally, portable tanks containing a combustible liquid 
may be placarded with a combustible placard that meets the label 
specifications for size in Sec.  172.407(c). However, a transport 
vehicle containing portable tanks with a reduced-size combustible 
placard is still required to conform to the placarding requirements in 
this subpart, including the size requirements in Sec.  172.519(c);
* * * * *
    (4) For an intermediate bulk container (IBC) labeled in accordance 
with subpart E of this part, the IBC may display the proper shipping 
name and UN identification number markings in accordance with Sec.  
172.301(a)(1) in place of the UN number on an orange panel, placard, or 
white square-on-point configuration as prescribed in Sec.  172.336(d). 
Additionally, IBCs containing a combustible liquid may be placarded 
with a combustible placard that meets the label specifications for size 
in Sec.  172.407(c). However, a transport vehicle containing IBCs with 
a reduced-size combustible placard is still required to conform to the 
placarding requirements in this subpart, including the size 
requirements in Sec.  172.519(c); and
* * * * *

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

0
10. 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
11. In Sec.  173.4b, revise the introductory text to paragraph (a) to 
read as follows:


Sec.  173.4b   De minimis exceptions.

    (a) When packaged in accordance with this section, the following 
materials do not meet the definition of a hazardous material in Sec.  
171.8 of this subchapter and, therefore, are not subject to the 
requirements of this subchapter: Packing Group I materials of hazard 
Division 6.1 (no inhalation hazard), and Packing Group II and III 
materials of hazard Class 3, Division 4.1, Division 4.2, Division 4.3, 
Division 5.1, Division 6.1, Class 8, and Class 9.
* * * * *

0
12. In Sec.  173.115, revise the introductory text to paragraph (e) to 
read as follows:


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

* * * * *
    (e) Liquefied compressed gas. A gas, which when packaged under 
pressure for transportation is partially liquid at temperatures above -
50 [deg]C (-58 [deg]F), is considered to be a liquefied compressed gas. 
Gas mixtures with component(s) that are liquefied gases may be 
described using the hazardous materials description of a compressed gas 
in the Hazardous Materials Table in Sec.  172.101 of this subchapter 
when the partial pressure(s) of the liquefied gas component(s) in the 
mixture are reduced so that the mixture is entirely in the gas phase at 
20 [deg]C (68 [deg]F). A liquefied compressed gas is further 
categorized as follows:
* * * * *

0
13. In Sec.  173.185, revise the introductory text to paragraph (c)(3) 
to read as follows:


Sec.  173.185   Lithium cells and batteries.

* * * * *
    (c) * * *
    (3) Lithium battery mark. Each package must display the lithium 
battery mark except when a package contains only button cell batteries 
contained in equipment (including circuit boards), or when a 
consignment contains two packages or fewer where each package contains 
not more than four lithium cells or two lithium batteries contained in 
equipment.
* * * * *

0
14. In Sec.  173.251, add paragraph (b) to read as follows:


Sec.  173.251   Bulk packaging for ammonium nitrate emulsion, 
suspension, or gel.

* * * * *
    (b) Portable tanks. This section does not apply to ``UN3375, 
Ammonium nitrate emulsion'' when transported in IM 101 or 102 portable 
tanks in accordance with IME Standard 23 (IBR, see Sec.  171.7 of this 
subchapter).

0
15. In Sec.  173.301, revise the section heading and paragraph (i)(2) 
to read as follows:


Sec.  173.301   General requirements for shipment of compressed gases 
and other hazardous materials in cylinders, UN pressure receptacles, 
and spherical pressure vessels.

* * * * *
    (i) * * *
    (2) Seamless DOT specification cylinders longer than 2 m (6.5 ft) 
are authorized for transportation only when horizontally mounted on a 
motor vehicle or in an ISO framework or other framework of equivalent 
structural integrity in accordance with CGA C-29 (IBR, see Sec.  171.7 
of this subchapter). Seamless DOT specification cylinders longer than 2 
m (6.5 ft) manufactured prior to May 11, 2009, may continue to use CGA 
TB-25 (IBR, see Sec.  171.7 of this subchapter). The pressure relief 
device must be arranged to discharge unobstructed to the open air. In 
addition, for Division 2.1 (flammable gas) material, the pressure 
relief devices must be arranged to discharge upward to prevent any 
escaping gas from contacting personnel or any adjacent cylinders.
* * * * *

0
16. In Sec.  173.302a:
0
a. Revise the section heading;
0
b. Remove the semicolons at the ends of paragraphs (c)(1) and (2) and 
add periods in their places;
0
c. Revise paragraphs (c)(3) and (4); and
0
d. Add paragraphs (c)(5) through (7).
    The revisions and additions read as follows:

[[Page 15666]]

Sec.  173.302a   Additional requirements for shipment of non-liquefied 
(permanent) compressed gases in specification cylinders.

* * * * *
    (c) * * *
    (3) DOT specification 3A and 3AX cylinders are limited to those 
having an intermediate manganese composition.
    (4) Cylinders manufactured with intermediate manganese steel must 
have been normalized, not quenched and tempered. Quench and temper 
treatment of intermediate steel is not authorized.
    (5) Cylinders manufactured with chrome moly steel must have been 
quenched and tempered, not normalized. Use of normalized chrome moly 
steel cylinders is not permitted.
    (6) Cylinders must be equipped with pressure relief devices sized 
and selected as to type, location, and quantity, and tested in 
accordance with Sec.  173.301(f).
    (7) A plus sign (+) is added following the test date marking on the 
cylinder.
* * * * *

0
17. In Sec.  173.302b, add paragraph (f) to read as follows:


Sec.  173.302b   Additional requirements for shipment of non-liquefied 
(permanent) compressed gases in UN pressure receptacles.

* * * * *
    (f) Methane, compressed, or natural gas, compressed, UN1971. 
Methane, compressed, or natural gas, compressed, is authorized in a UN 
seamless steel pressure receptacle under the following conditions:
    (1) For methane, and for natural gas with a methane content of 98.0 
percent or greater--
    (i) The maximum tensile strength of the UN seamless steel pressure 
receptacle may not exceed 1100 MPa (159,542 psi); and
    (ii) The contents are commercially free of corroding components.
    (2) For natural gas with a methane content of less than 98.0 
percent--
    (i) The maximum tensile strength of the UN seamless steel pressure 
receptacle may not exceed 950 MPa (137,750 psi);
    (ii) Each discharge end of a UN refillable seamless steel tube must 
be equipped with an internal drain tube; and
    (iii) The moisture content and concentration of the corroding 
components must conform to the requirements in Sec.  173.301b(a)(2).

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
18. 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
19. In Sec.  178.601:
0
a. Redesignate paragraphs (g)(6) through (8) as paragraphs (g)(7) 
through (9);
0
b. Add new paragraph (g)(6); and
0
c. Revise newly redesignated paragraph (g)(8).
    The addition and revision read as follows:


Sec.  178.601   General requirements.

* * * * *
    (g) * * *
    (6) Selective testing of combination packagings for articles 
containing small arms ammunition: Variation 6. Variations in inner and 
intermediate packagings are permitted in packages for articles 
containing Cartridges, small arms (UN0012); Cartridges for tools, blank 
(UN0014); Primers, cap type (UN0044); and Cases, cartridge empty with 
primer (UN0055) packed in inner packages without further testing of the 
package under the following conditions:
    (i) The package has been tested containing only the articles to be 
transported without intermediate containment;
    (ii) The outer packaging must have passed the stacking test set 
forth in Sec.  178.606 when empty, i.e., without cushioning or inner or 
intermediate packagings, with the test mass of identical packages being 
the mass of the package filled with the articles;
    (iii) Only articles tested without intermediate containment may be 
transported; however, a variety of articles tested in this fashion may 
be assembled in a package with intermediate containment;
    (iv) No articles demonstrate a loss of material in testing; and
    (v) The completed package does not exceed the marked maximum gross 
mass of the package.
* * * * *
    (8) Approval of selective testing. In addition to the provisions of 
paragraphs (g)(1) through (7) of this section, the Associate 
Administrator may approve the selective testing of packagings that 
differ only in minor respects from a tested type.
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
20. 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
21. In Sec.  180.205:
0
a. Add paragraph (c)(5);
0
b. Remove the word ``or'' at the end of paragraph (d)(4);
0
c. Redesignate paragraph (d)(5) as paragraph (d)(6) and add new 
paragraph (d)(5);
0
d. Revise paragraphs (e)(2) and (f);
0
e. Redesignate paragraphs (h) through (j) as paragraphs (i) through (k) 
and add new paragraph (h); and
0
f. Revise newly redesignated paragraphs (i)(1), (j)(2)(i)(C), and 
(j)(3).
    The additions and revisions read as follows:


Sec.  180.205   General requirements for requalification of 
specification cylinders.

* * * * *
    (c) * * *
    (5) Each 3-series specification cylinder that is horizontally 
mounted on a motor vehicle or in a framework and that is: 12 feet or 
longer; has an outside diameter greater than or equal to 18 inches; and 
is supported by the neck mounting surface during transportation in 
commerce must be inspected at the time of requalification in accordance 
with CGA C-23 (IBR, see Sec.  171.7 of this subchapter).
    (d) * * *
    (5) For a cylinder subject to paragraph (c)(5) of this section, if 
there is visible corrosion around the neck or under the flange/sleeve, 
as outlined in Section 4.2 of CGA C-23, it must be removed and examined 
in accordance with CGA C-23 before being returned to service; or
* * * * *
    (e) * * *
    (2) Requalified in accordance with this section, regardless of the 
date of the previous requalification. When requalification is performed 
using ultrasonic examination, the cylinder must be visually inspected 
in accordance with paragraph (e)(1) of this section;
* * * * *
    (f) Visual inspection. Except as otherwise provided in this 
subpart, each time a cylinder is pressure tested, it must be given an 
internal and external visual inspection.
    (1) The visual inspection must be performed in accordance with the 
following standards (all IBR, see Sec.  171.7 of this subchapter): CGA 
C-6 for steel and nickel cylinders; CGA C-6.1 for seamless aluminum 
cylinders; CGA C-6.2 for fiber reinforced composite special permit 
cylinders; CGA C-6.3 for low pressure aluminum cylinders; CGA C-8 for 
DOT 3HT cylinders; and CGA C-13 for DOT 8 series cylinders.
    (2) If a cylinder or tube is requalified by ultrasonic examination, 
only an external visual inspection is required.

[[Page 15667]]

    (3) For each cylinder with a coating or attachments that would 
inhibit inspection of the cylinder, the coating or attachments must be 
removed before performing the visual inspection.
    (4) Each cylinder subject to visual inspection must be approved, 
rejected, or condemned according to the criteria in the applicable CGA 
standard.
    (5) In addition to other requirements prescribed in this paragraph 
(f), each specification cylinder manufactured of aluminum alloy 6351-T6 
and used in self-contained underwater breathing apparatus (SCUBA), 
self-contained breathing apparatus (SCBA), or oxygen service must be 
inspected for sustained load cracking in accordance with appendix C to 
this part at the first scheduled five-year requalification period after 
January 1, 2007, and every five years thereafter.
    (6) Except in association with an authorized repair, removal of 
wall thickness via grinding, sanding, or other means is not permitted. 
Removal of paint or loose material to prepare the cylinder for 
inspection is permitted (i.e., shot blasting).
    (7) Chasing of cylinder threads to clean them is permitted, but 
removal of metal must not occur. Re-tapping of cylinder threads is not 
permitted, except by the original manufacturer, as provided in Sec.  
180.212.
* * * * *
    (h) Ultrasonic examination (UE). Requalification of cylinders and 
tubes using UE must be performed in accordance with CGA C-20 (IBR, see 
Sec.  171.7 of this subchapter).
    (i) * * *
    (1) Except as provided in paragraphs (i)(3) and (4) of this 
section, a cylinder that is rejected may not be marked as meeting the 
requirements of this section.
* * * * *
    (j) * * *
    (2) * * *
    (i) * * *
    (C) As an alternative to the stamping or labeling as described in 
this paragraph (j)(2), at the direction of the owner, the requalifier 
may render the cylinder incapable of holding pressure. If a condemned 
cylinder contains hazardous materials, the requalifier must stamp the 
cylinder ``CONDEMNED'' and affix a readily visible label on the 
cylinder stating: ``UN REJECTED, RETURNING TO ORIGIN FOR PROPER 
DISPOSITION.'' The requalifier may only transport the condemned 
cylinder by private motor vehicle carriage to a facility capable of 
safely removing the contents of the cylinder.
* * * * *
    (3) No person may remove, obliterate, or alter the required 
condemnation communication of paragraph (j)(2) of this section.
* * * * *

0
22. In Sec.  180.207, revise paragraph (d)(1) to read as follows:


Sec.  180.207   Requirements for requalification of UN pressure 
receptacles.

* * * * *
    (d) * * *
    (1) Seamless steel. (i) Each seamless steel UN pressure receptacle, 
including pressure receptacles exceeding 150 L capacity installed in 
multiple-element gas containers (MEGCs) or in other service, must be 
requalified in accordance with ISO 6406:2005(E) (IBR, see Sec.  171.7 
of this subchapter). However, UN cylinders with a tensile strength 
greater than or equal to 950 MPa must be requalified by ultrasonic 
examination in accordance with ISO 6406:2005(E). For seamless steel 
cylinders and tubes, the internal inspection and hydraulic pressure 
test may be replaced by a procedure conforming to ISO 16148:2016(E) 
(IBR, see Sec.  171.7 of this subchapter).
    (ii) Each seamless steel UN pressure receptacle that is 
horizontally mounted on a motor vehicle or in a framework and that: is 
12 feet or longer; has an outside diameter greater than or equal to 18 
inches; and is supported by a neck mounting surface during 
transportation must be inspected at the time of requalification in 
accordance with CGA C-23 (IBR, see Sec.  171.7 of this subchapter). 
Notwithstanding the periodic inspection, if the seamless steel UN 
pressure receptacle shows visible corrosion, as outlined in Section 4.2 
of CGA C-23, around the neck or under the flange/sleeve, then it must 
be removed and examined in accordance with Section 6 of CGA C-23 prior 
to returning to service.
* * * * *

0
23. In Sec.  180.209:
0
a. Revise table 1 to paragraph (a) and paragraph (d); and
0
b. In paragraph (m), revise the introductory text and the heading of 
the table.
    The revisions read as follows:


Sec.  180.209   Requirements for requalification of specification 
cylinders.

    (a) * * *

       Table 1 to Paragraph (a)--Requalification of Cylinders \1\
------------------------------------------------------------------------
   Specification under which     Minimum test pressure   Requalification
       cylinder was made              (psig) \2\         period (years)
------------------------------------------------------------------------
3.............................  3000 psig.............  5.
3A, 3AA.......................  5/3 times service       5, 10, or 12
                                 pressure, except non-   (see Sec.
                                 corrosive service       180.209(b),
                                 (see Sec.               (f), (h), and
                                 180.209(g)).            (j)).
3AL...........................  5/3 times service       5 or 12 (see
                                 pressure.               Sec.
                                                         180.209(j) and
                                                         (m) \4\).
3AX, 3AAX.....................  5/3 times service       5.
                                 pressure.
3B, 3BN.......................  2 times service         5 or 10 (see
                                 pressure (see Sec.      Sec.
                                 180.209(g)).            180.209(f)).
3E............................  Test not required.....
3HT...........................  5/3 times service       3 (see Sec.
                                 pressure.               Sec.
                                                         180.209(k) and
                                                         180.213(c)).
3T............................  5/3 times service       5.
                                 pressure or UE\3\.
4AA480........................  2 times service         5 or 10 (see
                                 pressure (see Sec.      Sec.
                                 180.209(g)).            180.209(h)).
4B, 4BA, 4BW, 4B-240ET........  2 times service         5, 7, 10, or 12
                                 pressure, except non-   (see Sec.
                                 corrosive service       180.209(e),
                                 (see Sec.               (f), and (j)).
                                 180.209(g)).
4D, 4DA, 4DS..................  2 times service         5.
                                 pressure.
4E............................  2 times service         5, 10, or 12
                                 pressure, except non-   (see Sec.
                                 corrosive service       180.209(e)).
                                 (see Sec.
                                 180.209(g)).
4L............................  Test not required.....
8, 8AL........................  ......................  10 or 20 (see
                                                         Sec.
                                                         180.209(i)).
Exemption or special permit     See current exemption   See current
 cylinder.                       or special permit, or   exemption or
                                 UE\3\ as allowed by     special permit.
                                 CGA C-20 (2014).

[[Page 15668]]

 
Foreign cylinder (see Sec.      As marked on cylinder,  5 (see Sec.
 173.301(j) of this subchapter   but not less than 5/3   Sec.
 for restrictions on use).       of any service or       180.209(l) and
                                 working pressure        180.213(d)(2)).
                                 marking.
------------------------------------------------------------------------
\1\ Any cylinder not exceeding two inches outside diameter and less than
  two feet in length is excepted from volumetric expansion test.
\2\ For cylinders not marked with a service pressure, see Sec.
  173.301a(b) of this subchapter.
\3\ Minimum test pressure is not applicable to those cylinders and tubes
  requalified using ultrasonic examination.
\4\ This provision does not apply to cylinders used for carbon dioxide,
  fire extinguisher, or other industrial gas service.

* * * * *
    (d) Cylinders 5.44 kg (12 lb) or less with service pressures of 300 
psig or less. A cylinder of 5.44 kg (12 lb) or less water capacity 
authorized for service pressure of 300 psig or less must be given a 
complete external visual inspection at the time periodic 
requalification becomes due. External visual inspection must be in 
accordance with CGA C-6 or CGA C-6.1 (IBR, see Sec.  171.7 of this 
subchapter). The cylinder may be proof pressure tested. The test is 
successful if the cylinder, when examined under test pressure, does not 
display a defect described in Sec.  180.205(j)(1)(ii) or (iii). Upon 
successful completion of the test and inspection, the cylinder must be 
marked in accordance with Sec.  180.213.
* * * * *
    (m) DOT-3AL cylinders manufactured of 6351-T6 aluminum alloy. In 
addition to the periodic requalification and marking described in Sec.  
180.205, each cylinder manufactured of aluminum alloy 6351-T6 used in 
self-contained underwater breathing apparatus (SCUBA), self-contained 
breathing apparatus (SCBA), or oxygen service must be requalified and 
inspected for sustained load cracking in accordance with the non-
destructive examination method described in the following table. Each 
cylinder with sustained load cracking that has expanded into the neck 
threads must be condemned in accordance with Sec.  180.205(j). This 
paragraph (m) does not apply to cylinders used for carbon dioxide, fire 
extinguisher, or other industrial gas service.
    Table 4 to Paragraph (m)--Requalification and Inspection of DOT-3AL 
Cylinders Made of Aluminum Alloy 6351-T6
* * * * *

0
24. In Sec.  180.212, add paragraph (a)(4) and revise paragraph (b)(2) 
to read as follows:


Sec.  180.212   Repair of seamless DOT 3-series specification cylinders 
and seamless UN pressure receptacles.

    (a) * * *
    (4) DOT 3-series seamless steel tubes with an outside diameter 
greater than 9\5/8\ in (244.5 mm) may be processed by a repair facility 
for derating the marked service pressure in accordance with CGA C-27 
(IBR, see Sec.  171.7 of this subchapter).
    (b) * * *
    (2) External rethreading of a DOT 3AX, 3AAX, or 3T specification 
cylinder or a UN pressure receptacle, and external threading of a 
seamless DOT 3AX, 3AAX, or 3T specification cylinder or seamless UN 
pressure receptacle originally manufactured without external threads; 
or the internal rethreading of a DOT-3 series cylinder or a seamless UN 
pressure receptacle when performed by a cylinder manufacturer of these 
types of cylinders. The repair work must be performed under the 
supervision of an independent inspection agency. Upon completion of the 
rethreading or post-manufacture threading, the threads must be gauged 
in accordance with Federal Standard H-28 or an equivalent standard 
containing the same specification limits. The rethreaded cylinder or UN 
pressure receptacle must be stamped clearly and legibly with the words 
``RETHREAD'' and a post-manufacture threaded cylinder or UN pressure 
receptacle must be stamped clearly and legibly with the words ``POST-
THREAD'', on the shoulder, top head, or neck. No DOT specification 
cylinder or UN pressure receptacle may be rethreaded more than one time 
without approval of the Associate Administrator.

     Signed in Washington, DC, on February 13, 2024, under authority 
delegated in 49 CFR 1.97(b).
Tristan H. Brown,
Deputy Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2024-03290 Filed 3-1-24; 8:45 am]
BILLING CODE 4910-60-P