Hazardous Materials: Harmonization With International Standards, 25434-25490 [2024-06956]
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 172, 173, 175, 176,
178, and 180
[Docket No. PHMSA–2021–0092 (HM–215Q)]
RIN 2137–AF57
Hazardous Materials: Harmonization
With International Standards
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Final rule.
AGENCY:
PHMSA is amending the
Hazardous Materials Regulations (HMR)
to maintain alignment with
international regulations and standards
by adopting various amendments,
including changes to proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, air transport quantity
limitations, and vessel stowage
requirements. PHMSA is also
withdrawing the unpublished
November 28, 2022, Notice of
Enforcement Policy Regarding
International Standards on the use of
select updated international standards
in complying with the HMR during the
pendency of this rulemaking.
DATES:
Effective date: This rule is effective
May 10, 2024.
Voluntary compliance date: January 1,
2023.
Delayed compliance date: April 10,
2025.
Incorporation by reference date: The
incorporation by reference of certain
publications listed in this rule is
approved by the Director of the Federal
Register on May 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Steven Andrews, Standards and
Rulemaking, or Candace Casey,
Standards and Rulemaking, at 202–366–
8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, East Building, 2nd Floor,
Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Table of Contents
I. Executive Summary
II. Background
III. Incorporation by Reference Discussion
Under 1 CFR Part 51
IV. Comment Discussion
V. Section-by-Section Review of
Amendments
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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 Policies and
Procedures
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Environment Assessment
I. Privacy Act
J. Executive Order 13609 and International
Trade Analysis
K. National Technology Transfer and
Advancement Act
L. Executive Order 13211
M. Cybersecurity and Executive Order
14028
N. Severability
I. Executive Summary
As discussed in further detail in this
final rule (see V. Section-by-Section
Review of Amendments), the Pipeline
and Hazardous Materials Safety
Administration (PHMSA) amends
certain sections of the Hazardous
Materials Regulations (HMR; 49 CFR
parts 171 through 180) to maintain
alignment with international regulations
and standards by adopting various
amendments, including changes to
proper shipping names, hazard classes,
packing groups, special provisions,
packaging authorizations, air transport
quantity limitations, and vessel stowage
requirements. Furthermore, this final
rule addresses the 21 sets of comments
received in response to the Notice of
Proposed Rulemaking (NPRM) 1
published in May 2023. Overall, the
comments to the NPRM were generally
supportive of the proposals made;
however, PHMSA did receive a few
comments seeking further clarification
or revisions to the NPRM, which
PHMSA also addresses in this final rule.
PHMSA expects that the adoption of the
regulatory amendments in this final rule
will facilitate transportation efficiency
while maintaining the high safety
standard currently achieved under the
HMR. For example, the final rule will
update several International
Organization for Standards (ISO)
standards; revise requirements for the
shipping of lithium batteries; and set
specification for the construction of
Intermediate Bulk Containers (IBCs)
constructed from recycled resins. This
final rule will also align HMR
requirements with anticipated increases
in the volume of lithium batteries
transported in interstate commerce from
electrification of the transportation and
other economic sectors. PHMSA also
notes that the harmonization of the
HMR with international consensus
standards could reduce delays and
interruptions of hazardous materials
during transportation. The amendments
may also lower greenhouse gas (GHG)
emissions and safety risks, including
risks to minority, low income,
underserved, and other disadvantaged
populations, and communities in the
vicinity of interim storage sites and
transportation arteries and hubs. The
following list summarizes the more
noteworthy amendments set forth in
this final rule:
• Incorporation by Reference:
PHMSA is incorporating by reference
updated versions of the following
international hazardous materials
regulations and standards: the 2023–
2024 edition of the International Civil
Aviation Organization Technical
Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO
Technical Instructions); Amendment
41–22 to the International Maritime
Dangerous Goods Code (IMDG Code);
and the 22nd revised edition of the
United Nations Recommendations on
the Transport of Dangerous Goods—
Model Regulations (UN Model
Regulations).
• Hazardous Materials Table:
PHMSA is amending the Hazardous
Materials Table (HMT; 49 CFR 172.101)
to add, revise, or remove certain proper
shipping names (PSNs), hazard classes,
packing groups (PGs), special provisions
(SPs), packaging authorizations, bulk
packaging requirements, and passenger
and cargo-only aircraft maximum
quantity limits.
• Polymerizing Substances: In 2017—
as part of the HM–215N final rule 2—
PHMSA added four new Division 4.1
(flammable solid) entries for
polymerizing substances to the HMT
and added defining criteria, authorized
packagings, and safety requirements,
including, but not limited to,
stabilization methods and operational
controls into the HMR. These changes
remained in effect until January 2, 2019,
while PHMSA used the interim period
to review and research the implications
of the polymerizing substance
amendments. In 2020—as part of the
HM–215O 3 final rule—PHMSA
extended the date the provisions
remained in effect from January 2, 2019,
to January 2, 2023, to allow for the
additional research to be completed on
the topic. In this final rule, PHMSA is
removing the phaseout date (January 2,
2023) from the transport provisions for
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polymerizing substances to allow for
continued use of the provisions.
• Cobalt dihydroxide powder
containing not less than 10 percent
respirable particles: PHMSA is adding a
new entry to HMT, ‘‘UN3550 Cobalt
dihydroxide powder, containing not less
than 10% respirable particles,’’ and
corresponding packaging provisions.
Cobalt is a key strategic mineral used in
various advanced medical and technical
applications around the world,
including various types of batteries.
Historically, this hazardous material has
been classified and transported as a
Class 9 material under ‘‘UN3077,
Environmentally hazardous substance,
solid, n.o.s.;’’ however, testing required
under Registration, Evaluation,
Authorisations and Restriction of
Chemicals (REACH) regulations 4 for
comprehensive GHS testing determined
that this material poses an inhalation
toxicity hazard. Following this
determination, the 22nd revised edition
of the UN Model Regulations developed
a new entry on the Dangerous Goods
List (DGL) and packaging authorizations
specifically for this hazardous material
to facilitate continued global transport
of this material. In this final rule,
PHMSA is adding a new entry for cobalt
dihydroxide containing not less than 10
percent respirable particles and
assigning it UN3550 in the HMT, in
addition to adding packaging
provisions, including the authorization
to transport this material in flexible
IBCs. PHMSA expects these provisions
will facilitate the continued transport of
this material and keep global supply
chains open. See 172.101 of the V.
Section-by-Section Review of
Amendments for additional discussion
of these amendments.
• Lithium Battery Exceptions:
PHMSA is removing the exceptions
provided for small lithium cells and
batteries for transportation by aircraft.
This is consistent with the elimination
of similar provisions in the ICAO
Technical Instructions. See 173.185 of
the V. Section-by-Section Review of
Amendments for additional discussion
of these amendments.
All the amendments are expected to
maintain the HMR’s high safety
standard for the public and the
environment. Additionally, PHMSA
anticipates that there are safety benefits
to be derived from improved
compliance related to consistency
amongst domestic and international
regulations. As further explained in the
final regulatory impact analysis (RIA),
PHMSA expects that the benefits of each
4 Regulation (EC) No 1907/2006 of the European
Parliament and of the Council of 18 December 2006.
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of the amendments (both separately and
in the aggregate) in this final rule justify
any associated compliance costs.
PHMSA estimates that the annualized
quantified net cost savings of this
rulemaking, using a two percent
discount rate, are approximately $6.3 to
$14.7 million per year.
II. Background
The Federal Hazardous Materials
Transportation Law (49 U.S.C. 5101, et
seq.) directs PHMSA to participate in
relevant international standard-setting
bodies and encourages alignment of the
HMR with international transport
standards, as consistent with promotion
of safety and the public interest. See 49
U.S.C. 5120. This statutory mandate
reflects the importance of international
standard-setting activity, in light of the
globalization of commercial
transportation of hazardous materials.
Harmonization of the HMR with those
efforts can reduce the costs and other
burdens of complying with multiple or
inconsistent safety requirements among
nations. Consistency between the HMR
and current international standards can
also enhance safety by:
• Ensuring that the HMR are
informed by the latest best practices and
lessons learned.
• Improving understanding of, and
compliance with, pertinent
requirements.
• Facilitating the flow of hazardous
materials from their points of origin to
their points of destination, thereby
avoiding risks to the public and the
environment from release of hazardous
materials due to delays or interruptions
in the transportation of those materials.
• Enabling consistent emergency
response procedures in the event of a
hazardous materials incident.
PHMSA participates in the
development of international
regulations and standards for the
transportation of hazardous materials. It
also adopts within the HMR
international consensus standards and
regulations consistent with PHMSA’s
safety mission. PHMSA reviews and
evaluates each international standard it
considers for incorporation within the
HMR on its own merits, including the
effects on transportation safety, the
environmental impacts, and any
economic impact. PHMSA’s goal is to
harmonize with international standards
without diminishing the level of safety
currently provided by the HMR or
imposing undue burdens on the
regulated community.
In final rule HM–181,5 PHMSA’s
predecessor—the Research and Special
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Programs Administration (RSPA)—
comprehensively revised the HMR for
greater consistency with the UN Model
Regulations. The UN Model Regulations
constitute a set of recommendations
issued by the United Nations SubCommittee of Experts (UNSCOE) on the
Transport of Dangerous Goods and on
the Globally Harmonized System of
Classification and Labelling of
Chemicals (GHS). The UN Model
Regulations are amended and updated
biennially by the UNSCOE and serve as
the basis for national, regional, and
international modal regulations,
including the ICAO Technical
Instructions and IMDG Code.
PHMSA has evaluated recent updates
to the international standards, including
review of numerous updated standards
for the design, manufacture, testing, and
use of packagings, and is revising the
HMR to adopt changes consistent with
revisions to the 2023–2024 edition of
the ICAO Technical Instructions,
Amendment 41–22 to the IMDG Code,
and the 22nd revised edition of the UN
Model Regulations, all of which were
published by or in effect on January 1,
2023,6 while also ensuring the changes
are consistent with PHMSA’s safety
mission. Consequently, PHMSA is
incorporating by reference these revised
international regulations, several new or
updated ISO standards, and a new
Organization for Economic Co-operation
and Development (OECD) standard. The
regulations and standards incorporated
by reference are authorized for use for
domestic transportation, under specific
conditions, in part 171, subpart C of the
HMR.
Lastly, PHMSA issued a Notice of
Enforcement Policy Regarding
International Standards 7 on November
28, 2022, stating that while PHMSA was
considering the 2023–2024 Edition of
the ICAO Technical Instructions and
Amendment 41–22 to the IMDG Code
for potential adoption into the HMR,
PHMSA and other federal agencies that
enforce the HMR—e.g., the Federal
Railroad Administration, the Federal
Aviation Administration (FAA), the
Federal Motor Carrier Safety
Administration, and the United States
Coast Guard—would not take
enforcement action against any offeror
or carrier who uses these standards as
an alternative to complying with current
HMR requirements when all or part of
6 Amendment 41–22 of the IMDG Code became
mandatory on January 1, 2024. Voluntary
compliance began on January 1, 2023.
7 PHMSA, Notice of Enforcement Policy
Regarding International Standards (Nov. 28, 2022),
https://www.phmsa.dot.gov/regulatory-compliance/
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the transportation is by air with respect
to the ICAO Technical Instructions, or
by vessel with respect to the IMDG
Code. In addition, that Notice stated
PHMSA, and its modal partners, would
not take enforcement action against any
offeror or carrier who offers or accepts
for domestic or international
transportation by any mode packages
marked or labeled in accordance with
those updated standards. PHMSA now
withdraws its November 28, 2022,
Notice of Enforcement Policy Regarding
International Standards as of the
effective date of this final rule.
III. Incorporation by Reference
Discussion Under 1 CFR Part 51
According to the Office of
Management and Budget (OMB),
Circular A–119, ‘‘Federal Participation
in the Development and Use of
Voluntary Consensus Standards and in
Conformity Assessment Activities,’’
government agencies must use
voluntary consensus standards
wherever practical in the development
of regulations.
PHMSA currently incorporates by
reference into the HMR all or parts of
numerous standards and specifications
developed and published by standard
development organizations (SDO). In
general, SDOs update and revise their
published standards every two to five
years to reflect modern technology and
best technical practices. The National
Technology Transfer and Advancement
Act of 1995 (NTTAA; Pub. L. 104–113)
directs federal agencies to use standards
developed by voluntary consensus
standards bodies in lieu of governmentwritten standards whenever possible.
Voluntary consensus standards bodies
develop, establish, or coordinate
technical standards using agreed-upon
procedures. OMB issued Circular A–119
to implement section 12(d) of the
NTTAA relative to the utilization of
consensus technical standards by
federal agencies. This circular provides
guidance for agencies participating in
voluntary consensus standards bodies
and describes procedures for satisfying
the reporting requirements in the
NTTAA. Accordingly, PHMSA is
responsible for determining which
standards currently referenced in the
HMR should be updated, revised, or
removed, and which standards should
be added to the HMR. Revisions to
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American Association for Laboratory Accreditation (A2LA) ............
Anonymous ..........................................................................................
Airline Pilots Association International (ALPA) ...............................
Compressed Gas Association (CGA) ...................................................
Council on Safe Transportation of Hazardous Articles (COSTHA) ..
Dangerous Goods Advisor ...................................................................
Dangerous Goods Advisory Council (DGAC) .....................................
Dow Chemical Company .....................................................................
Entegris .................................................................................................
Entegris .................................................................................................
Entegris .................................................................................................
Entegris .................................................................................................
Entegris .................................................................................................
Hexagon Digital Wave, LLC ................................................................
Household Commercial Products Association (HCPA) .....................
Institute of Hazardous Materials Management (IHMM) ....................
Medical Device Transport Council (MDTC) .......................................
Nordco Inspection Technologies ........................................................
PRBA—The Rechargeable Battery Association ..................................
Reusable Industrial Packaging Association (RIPA) ............................
The Rigid Intermediate Bulk Container Association, Inc. (RIBCA) ..
PHMSA received comments from the
A2LA, ALPA, COSTHA, DGAC, HCPA,
MDTC, and PRBA, all providing general
support for harmonization with
international standards with additional
support from Entegris, and Hexagon
Digital Wave for the incorporation by
reference of the ISO standards
applicable to cylinders.
Comments concerning the compliance
date for the phaseout dates for ISO
standards, gas mixtures containing
fluorine, IBCs manufactured from
recycled plastics, and comments outside
8 79
materials incorporated by reference in
the HMR are handled via the
rulemaking process, which allows for
the public and regulated entities to
provide input. During the rulemaking
process, PHMSA must also obtain
approval from the Office of the Federal
Register to incorporate by reference any
new materials. The Office of the Federal
Register issued a rulemaking 8 that
revised 1 CFR 51.5 to require that an
agency detail in the preamble of an
NPRM the ways the materials it
proposes to incorporate by reference are
reasonably available to interested
parties, or how the agency worked to
make those materials reasonably
available to interested parties. Changes
to the materials incorporated by
reference in the HMR are discussed in
detail in the § 171.7 discussion in ‘‘V.
Section-by-Section Review of
Amendments’’ section of this
document.’’
IV. Comment Discussion
In response to the NPRM, PHMSA
received 21 sets of comments from the
following organizations and other
interested parties:
https://www.regulations.gov/comment/PHMSA-2021-0092-0011.
https://www.regulations.gov/comment/PHMSA-2021-0092-0004.
https://www.regulations.gov/comment/PHMSA-2021-0092-0019.
https://www.regulations.gov/comment/PHMSA-2021-0092-0010.
https://www.regulations.gov/comment/PHMSA-2021-0092-0015.
https://www.regulations.gov/comment/PHMSA-2021-0092-0024.
https://www.regulations.gov/comment/PHMSA-2021-0092-0009.
https://www.regulations.gov/comment/PHMSA-2021-0092-0014.
https://www.regulations.gov/comment/PHMSA-2021-0092-0006.
https://www.regulations.gov/comment/PHMSA-2021-0092-0005.
https://www.regulations.gov/comment/PHMSA-2021-0092-0007.
https://www.regulations.gov/comment/PHMSA-2021-0092-0021.
https://www.regulations.gov/comment/PHMSA-2021-0092-0018.
https://www.regulations.gov/comment/PHMSA-2021-0092-0022.
https://www.regulations.gov/comment/PHMSA-2021-0092-0017.
https://www.regulations.gov/comment/PHMSA-2021-0092-0012.
https://www.regulations.gov/comment/PHMSA-2021-0092-0016.
https://www.regulations.gov/comment/PHMSA-2021-0092-0022.
https://www.regulations.gov/comment/PHMSA-2021-0092-0016.
https://www.regulations.gov/comment/PHMSA-2021-0092-0008.
https://www.regulations.gov/comment/PHMSA-2021-0092-0016.
the scope of this rulemaking are
discussed below. All other comments
specific to proposed changes to HMR
sections are addressed in the ‘‘V.
Section-by-Section Review of
Amendments’’ of this document.
A. Comments Outside the Scope of This
Rulemaking
PHMSA received comments from
HCPA and MDTC to reconsider the
definition of an aerosol in § 171.8 in
order to maintain alignment with
international regulations and standards.
The commenters note that the United
Nations (UN) Model Regulations define
an aerosol as an article consisting of a
non-refillable receptacle containing a
gas, compressed, liquefied or dissolved
under pressure, with or without a
liquid, paste or powder, and fitted with
a release device allowing the contents to
be ejected as solid or liquid particles in
suspension in a gas, as a foam, paste or
powder, or in a liquid or gaseous state.
The HMR defines an aerosol in § 171.8
as an article consisting of any nonrefillable receptacle containing a gas
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compressed, liquefied, or dissolved
under pressure, the sole purpose of
which is to expel a nonpoisonous (other
than a Division 6.1 Packing Group III
material) liquid, paste, or powder, and
fitted with a self-closing release device
allowing the contents to be ejected by
the gas.
PHMSA acknowledges the
commenter’s concerns over the HMR
definition of an aerosol not being
harmonized with the UN Model
Regulations. However, PHMSA did not
propose changes in the NPRM and,
therefore, declines to make such
revisions in this final rule without
further evaluation by PHMSA subject
matter experts and an opportunity for
stakeholders to comment on the issue.
PHMSA will continue to evaluate the
potential harmonization of the aerosol
definition with the international
regulations in conjunction with a
petition request from the Consumer
Specialty Product Association (CSPA).9
PHMSA received comments from
Entegris, Hexagon Digital Wave, and
Nordco Inspection Technologies
suggesting that ISO 18119:2018, ‘‘Gas
Cylinders—Seamless Steel And
Seamless Aluminum-Alloy Gas
Cylinders And Tubes—Periodic
Inspection and Testing,’’ be
incorporated by reference into
§ 171.7(w), and that § 180.207(d)(1) and
(d)(2) be revised to reference ISO
18119:2018. The commenters note that
ISO 6406:2005(E), ‘‘Gas cylinders—
Seamless steel gas cylinders—Periodic
inspection and testing,’’ and ISO
10461:2005(E), ‘‘Gas cylinders—
Seamless aluminum-alloy gas
cylinders—Periodic inspection and
testing,’’ have now been superseded by
ISO 18119:2018 in the ISO catalogue.
Further, the commenters note that at the
end of 2024, the UN Model Regulations
will no longer acknowledge ISO
6406:2005(E) and 10461:2005(E).
PHMSA acknowledges the comments
for PHMSA to incorporate by reference
ISO 18119:2018 into § 171.7(w), and
revise § 180.207 (d)(1) and (d)(2) to
reference ISO 18119:2018. However,
PHMSA did not propose changes in the
NPRM and, therefore, declines to make
such revisions in this final rule without
further evaluation by PHMSA subject
matter experts and an opportunity for
stakeholders to comment on the issue.
PHMSA has received petitions from
both FIBA technologies 10 and Hazmat
Safety Consulting 11 proposing to
9 https://www.regulations.gov/docket/PHMSA2017-0131/document.
10 https://www.regulations.gov/docket/PHMSA2020-0168/document.
11 https://www.regulations.gov/document/
PHMSA-2023-0088-0001.
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incorporate by reference ISO
18119:2018 into § 171.1, and PHMSA
plans to propose this revision in an
upcoming rulemaking.
IHMM submitted comments
highlighting three accredited
professional certifications—the Certified
Hazardous Materials Manager (CHMM),
the Certified Hazardous Materials
Practitioner (CHMP), and the Certified
Dangerous Goods Professional (CDGP)—
that demonstrate expertise in managing
hazardous materials, and recommends
that PHMSA require companies
transporting hazardous materials to
appoint certified professionals
responsible for regulatory compliance,
similar to the dangerous goods safety
advisor required by the Agreement
concerning the International Carriage of
Dangerous Goods by Road (ADR) within
the European Union (EU). IHMM
believes that in addition to harmonizing
standards, governments should
harmonize responsibility for the safe
transportation of hazardous materials
and dangerous goods. IHMM
recommends that PHMSA use its
authority to require certified
professionals oversee compliance at
companies engaged in hazardous
materials transportation.
PHMSA acknowledges the IHMM’s
comment concerning certified
professionals. However, PHMSA did not
propose such changes in the NPRM and,
therefore, declines to make such
revisions in this final rule without
further evaluation by PHMSA subject
matter experts and an opportunity for
stakeholders to comment on the issue. If
the commenter has a specific proposal,
PHMSA encourages the commenter to
submit a petition for rulemaking in
accordance with § 106.100 of the HMR.
A2LA supports the proposed
amendments and actions that are being
considered in this rulemaking to be
consistent with international standards
to harmonize activities and promote
greater safety and efficiencies. A2LA
also encourages PHMSA to take this a
step further by recommending that
when testing is required, that
laboratories approved under ISO/IEC
17025, ‘‘Testing and calibration
laboratories,’’ be relied upon for testing
activities. A2LA asserts that this will
help ensure data generated for HMR
compliance is developed by accredited
bodies. A2LA adds that this revision
would provide and establish a
framework for the harmonization of
accreditation activities globally.
PHMSA acknowledges A2LA’s
comment concerning laboratories
approved under ISO/IEC 17025.
However, PHMSA did not propose such
changes in the NPRM and, therefore,
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declines to make such revisions in this
final rule without further evaluation by
PHMSA subject matter experts and an
opportunity for stakeholders to
comment on the issue. If the commenter
has a specific proposal, PHMSA
encourages the commenter to submit a
petition for rulemaking in accordance
with § 106.100 of the HMR.
B. Phaseout Dates for ISO Standards
CGA and Entegris submitted
comments regarding the proposed
incorporation of ISO 11117:2019, ‘‘Gas
cylinders—Valve protection caps and
guards—Design, construction and tests,’’
into § 173.301b(c)(2)(ii). CGA and
Entegris note that the language proposed
in § 173.301b(c)(2)(ii) of the NPRM
removes ISO 11117:2008 and creates a
phaseout date of December 31, 2026, for
its use. To ensure the continued use of
existing caps made to previous editions
of ISO 11117, CGA and Entegris suggest
a revision to § 173.301b(c)(2)(ii) that
more closely aligns with sub-paragraph
4.1.6.1.8 of the 22nd edition of the UN
Model Regulations. The revision
proposed by CGA and Entegris would
make it clear that valve caps
manufactured up until December 31,
2026, under ISO 11117:2008 could
continue to be used under the HMR.
CGA and Entegris add that the proposed
text in the NPRM would result in an
unnecessary economic burden by
mandating the replacement of valve
protection caps under the HMR that
would remain authorized by the UN
Model Regulations. Entegris adds that
consideration should be given to permit
the use of these older valve caps that
adhere to ISO 11117:2008.
PHMSA concurs with CGA and
Entegris that the intent of the language
in the UN Model Regulations was to
allow the continued use of the valve
protection caps under ISO 11117:2008
provided they are manufactured prior to
December 31, 2026. As such, PHMSA is
revising the text in § 173.301b(c)(2)(ii) to
more closely align with the intent of the
UN Model Regulations and allow for the
continued use of valve caps
manufactured prior to December 31,
2026, under ISO 11117:2008.
CGA also provided comments
suggesting that PHMSA modify the
regulatory text for all the IBR ISO
standards in §§ 178.71 and 178.75 to
permit the manufacturing of UN
cylinders conforming to the ISO
standards being replaced until
December 31, 2026, to better align the
HMR with the intent of the 22nd edition
of the UN Model Regulations. PHMSA
concurs with CGA’s comment that the
intent of this proposal was to closely
align with the phaseout language in the
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UN Model Regulations. As such,
PHMSA has revised the text for the ISO
publications in §§ 178.71 and 178.75 to
better reflect the phaseout dates as
intended and represented in the UN
Model Regulations.
C. Gas Mixtures Containing Fluorine
In the NPRM, PHMSA proposed a
new special provision for UN pressure
receptacles containing fluorine mixed
with inert gases. This proposal was
intended to provide flexibility for the
maximum allowable working pressure
for cylinders containing fluorine gas
when fluorine is part of a less reactive
gas mixture. This revision was
supported due to pure fluorine gas being
highly reactive and restrictive, while gas
mixtures with small amounts of fluorine
are less hazardous. The 22nd edition of
the UN Model Regulations allows for
higher working pressures for cylinders
containing gas mixtures of fluorine with
inert gases based on the application of
partial pressure calculations.
In the NPRM, PHMSA proposed to
add special provision 441 to § 172.102
to align with revisions made to the UN
Model Regulations for gas mixtures
containing fluorine. The NPRM assigned
special provision 441 to the proper
shipping name ‘‘UN1045, Fluorine,
compressed’’ in the HMT. CGA and
Entegris provided comments stating that
the proposed special provision 441 in
the NPRM should not be applied to
‘‘UN1045, Fluorine, compressed,’’ as
mixtures of fluorine with inert gases and
a fluorine concentration <35% are no
longer Hazard Zone A gases. The
commenters add that there is no
scenario where a gas classified as
‘‘UN1045, Fluorine compressed’’ would
be able to qualify for the exception as
proposed in special provision 441 of the
NPRM. The commenters add that
special provision 441 should have been
applied to the n.o.s. entries: ‘‘UN3306,
Compressed gas, poisonous, oxidizing,
corrosive, n.o.s.;’’ ‘‘UN3156,
Compressed gas, oxidizing, n.o.s.;’’ and
‘‘UN1956, Compressed gas, n.o.s.,’’ as
was done in the 22nd edition of the UN
Model Regulations. Entegris and CGA
also note that the equations in the
NPRM for new special provision 441
have several editorial errors. The
amendments made to the UN Model
Regulations provide two calculations to
calculate the MAWP for mixtures of
fluorine and inert gases with a fluorine
concentration <35%, both of which
contain editorial errors.
PHMSA agrees with the commenters,
and in this final rule PHMSA has
determined that special provision 441 as
proposed in the NPRM would not be
appropriate to apply to ‘‘UN1045,
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Fluorine, compressed.’’ Additionally,
PHMSA asserts that instead of applying
a special provision to all of the
applicable UN numbers, it is more
appropriate to revise § 173.302b by
adding a paragraph (g) for gas mixtures
containing fluorine gases as was
generally suggested by CGA.12 This new
paragraph in § 173.302b(g)(5) that
appears in this final rule has the same
wording as was proposed in special
provision 441 of the NPRM, with the
additional editorial corrections for the
partial pressure calculations as
suggested by Entegris. PHMSA asserts
that by placing these flexibilities in
§ 173.302b(g), gas mixtures containing
fluorine gas will be permitted to take the
flexibilities as allowed under the UN
Model Regulations.
D. IBCs Manufactured From Recycled
Plastics
In the NPRM, PHMSA proposed to
revise §§ 178.706(c)(3) and 178.707(c)(3)
to allow for the manufacturing of rigid
and composite IBCs manufactured from
recycled plastics. The NPRM proposed
to allow the construction of IBCs from
recycled plastics with the approval of
the Associate Administrator, consistent
with a change adopted in the 22nd
revised edition of the UN Model
Regulations. In the NPRM, PHMSA
proposed including a slight variation
from the international provision by
requiring prior approval by the
Associate Administrator for use of
recycled plastics in the construction of
IBCs manufactured from recycled
plastics.
RIBCA submitted comments
expressing disagreement with the
proposed requirement for manufacturers
to obtain case-by-case approval from
PHMSA’s Associate Administrator prior
to using recycled plastic in the
manufacturing of rigid and composite
IBCs. RIBCA argued the PHMSA
proposal is inconsistent with the UN
Model Regulations, which allow the use
of recycled plastics meeting a specified
definition without any competent
authority approval. RIBCA also
questioned PHMSA’s rationale that
approvals are needed due to lack of
HMR requirements for manufacturer
quality assurance programs, noting
these are already integral to ensuring
IBC integrity. Further, RIBCA stated that
the performance-oriented packaging
requirements in the HMR should
sufficiently address any safety issues
with recycled plastics, as demonstrated
12 PHMSA notes that in a separate rulemaking
(HM–219D, ‘‘Adoption of Miscellaneous Petitions
and Updating Regulatory Requirements’’) that will
be published and codified before this final rule, it
is adopting a new paragraph (f) within § 173.302b.
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by the millions of UN plastic drums and
jerricans successfully produced with
recycled plastics. RIBCA mentioned that
due to constraints under the
Administrative Procedure Act, the
changes they recommend may fall
outside the scope of revisions PHMSA
could make in a final rule. Overall,
RIBCA recommended that PHMSA align
the HMR with the UN Model
Regulations and authorize recycled
plastic in the manufacturing of IBCs
without additional competent authority
approvals.
PHMSA acknowledges RIBCAs
comments and notes that, in the NPRM,
PHMSA stated that the UN Model
Regulations incorporate quality
assurance program requirements that
require recognition by a governing body.
By requiring approval of the Associate
Administrator, PHMSA is able to
maintain oversight of procedures, such
as batch testing, that manufacturers will
use to ensure the quality of recycled
plastics used in the construction of
recycled plastic IBCs. PHMSA asserts
that the proposals in the NPRM are
consistent with the intent of the UN
Model Regulations.
Additionally, PHMSA is currently
conducting research to develop an
Agency-wide policy on packages
manufactured from recycled plastics.
On April 14, 2023,13 PHMSA published
a request for information (RFI)
pertaining to how the potential use of
recycled plastic resins in the
manufacturing of specification
packagings may affect hazardous
materials transportation safety. In
response to the RFI, PHMSA received
nine comments and is currently
evaluating those comments in order to
determine an Agency-wide policy on
recycled plastics in packagings. Until
this analysis is complete and PHMSA is
ready to deploy an Agency-wide policy,
PHMSA asserts it is prudent for now to
leave in the requirement to obtain a
competent authority approval prior to
the manufacturing of IBCs made from
recycled plastics. PHMSA also notes
that RIPA, DGAC, and Dow Chemical
provided comments to the NPRM in
support of these revisions as written.
V. Section-by-Section Review of
Amendments
The following is a section-by-section
review of amendments to harmonize the
HMR with international regulations and
standards.
13 https://www.federalregister.gov/documents/
2023/04/14/2023-07869/hazardous-materialsrequest-for-feedback-on-recycled-plastics-policy.
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A. Part 171
Section 171.7
Section 171.7 provides a listing of all
voluntary consensus standards
incorporated by reference into the HMR,
as directed by the NTTAA. PHMSA
evaluated updated international
consensus standards pertaining to PSNs,
hazard classes, PGs, special provisions,
packaging authorizations, air transport
quantity limitations, and vessel stowage
requirements. PHMSA contributed to
the development of those standards—
each of which build on the wellestablished and documented safety
histories of earlier editions—as it
participated in the discussions and
working group activities associated with
their proposal, revision, and approval.
Those activities, in turn, have informed
PHMSA’s evaluation of the effect the
updated consensus standards will have
on safety, when incorporated by
reference and with provisions adopted
into the HMR. Further, PHMSA notes
that some of the consensus standards
incorporated by reference within the
HMR in this final rule have already been
adopted into the regulatory schemes of
other countries. Additionally, as noted
above, PHMSA has issued past
enforcement discretions authorizing the
use of the consensus standards as an
interim strategy for complying with
current HMR requirements. PHMSA is
not aware of adverse safety impacts
from that operational experience. For
these reasons, PHMSA expects their
incorporation by reference will maintain
the high safety standard currently
achieved under the HMR. PHMSA
received comments from ALPA, CGA,
COSTHA, DGAC, Entegris, and Hexagon
Digital Wave that were generally
supportive of the proposals to
incorporate by reference the latest
versions of the international standards.
Therefore, PHMSA is adding or revising
the following incorporation by reference
materials.14
• In paragraph (t)(1), incorporate by
reference the 2023–2024 edition of the
ICAO Technical Instructions, to replace
the 2021–2022 edition, which is
currently referenced in §§ 171.8; 171.22
through 171.24; 172.101; 172.202;
172.401; 172.407; 172.512; 172.519;
172.602; 173.56; 173.320; 175.10,
175.33; and 178.3. The ICAO Technical
Instructions specify detailed
instructions for the international safe
transport of dangerous goods by air. The
requirements in the 2023–2024 edition
have been amended to align better with
14 All other standards that are set out as part of
the regulatory text of § 171.7(w) were previously
approved for incorporation by reference.
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the 22nd revised edition of the UN
Model Regulations and the International
Atomic Energy Agency (IAEA)
Regulations for the Safe Transport of
Radioactive Material. Notable changes
in the 2023–2024 edition of the ICAO
Technical Instructions include new
packing and stowage provisions, new
and revised entries on its Dangerous
Goods List, and editorial corrections.
The 2023–2024 edition of the ICAO
Technical Instructions is available for
purchase on the ICAO website at
https://store.icao.int/en/shop-by-areas/
safety/dangerous-goods.
• In paragraph (v)(2), incorporate by
reference the 2022 edition of the IMDG
Code, Incorporating Amendment 41–22
(English Edition), to replace
Incorporating Amendment 40–20, 2020
Edition, which is currently referenced
in §§ 171.22; 171.23; 171.25; 172.101;
172.202; 172.203; 172.401; 172.407;
172.502; 172.519; 172.602; 173.21;
173.56; 176.2; 176.5; 176.11; 176.27;
176.30; 176.83; 176.84; 176.140;
176.720; 176.906; 178.3; and 178.274.
The IMDG Code is a unified
international code that outlines
standards and requirements for the
transport of dangerous goods by sea (i.e.,
by vessel). Notable changes in
Amendment 41–22 of the IMDG Code
include new packing and stowage
provisions, new and revised entries on
its Dangerous Goods List, and editorial
corrections. Distributors of the IMDG
Code can be found on the International
Maritime Organization (IMO) website at:
https://www.imo.org/en/publications/
Pages/Distributors-default.aspx.
• In paragraph (w), incorporate by
reference or remove the following ISO
documents to include new and updated
standards for the specification, design,
construction, testing, and use of gas
cylinders:
• ISO 9809, Parts 1 through 3. ISO
9809 is comprised of four parts (ISO
9809–1 through 9809–4) and specifies
minimum requirements for the material,
design, construction, and workmanship;
manufacturing processes; and
examination and testing at time of
manufacture for various types of
refillable seamless steel gas cylinders
and tubes. PHMSA is incorporating by
reference the most recent versions of
Parts 1 through 3.
• Incorporate by reference the third
edition of ISO 9809–1:2019(E), ‘‘Gas
cylinders—Design, construction and
testing of refillable seamless steel gas
cylinders and tubes—Part 1: Quenched
and tempered steel cylinders and tubes
with tensile strength less than 1100
Mpa,’’ in paragraph (w)(32).
Additionally, PHMSA is allowing a
sunset date of December 31, 2026, for
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continued use and phase out of the
second edition of ISO 9809–1:2010,
which is currently referenced in
§ 178.37, § 178.71, and § 178.75.
PHMSA clarified in the ‘‘IV: Comment
Discussion’’ section of this final rule
that the phaseout date of December 31,
2026, applies to the manufacturing of
cylinders and tubes with tensile
strength below 1100 Mpa under ISO
9809–1:2010. Cylinders manufactured
before December 31, 2026, under ISO
9809–1:2010 are authorized under the
HMR. Part 1 of ISO 9809 is applicable
to cylinders and tubes for compressed,
liquefied, and dissolved gases, and for
quenched and tempered steel cylinders
and tubes with a maximum actual
tensile strength of less than 1100 MPa,
which is equivalent to U.S. customary
unit of about 160,000 psi. As part of its
periodic review of all standards, ISO
reviewed ISO 9809–1:2010(E) and
published an updated version, ISO
9809–1:2019(E), which was published
in 2019 and adopted in the 22nd revised
edition of the UN Model Regulations.
The updated standard has technical
revisions including limiting the bend
test only for prototype tests. Updating
references to this document aligns the
HMR with changes adopted in the 22nd
revised edition of the UN Model
Regulations pertaining to the design and
construction of UN cylinders. PHMSA
has reviewed this edition as part of its
regular participation in the review of
amendments for the UN Model
Regulations and concludes
incorporation of the revised third
edition will maintain or improve the
safety standards associated with its use.
• Incorporate by reference the third
edition of ISO 9809–2:2019(E), ‘‘Gas
cylinders—Design, construction and
testing of refillable seamless steel gas
cylinders and tubes—Part 2: Quenched
and tempered steel cylinders and tubes
with tensile strength greater than or
equal to 1100 MPa,’’ in paragraph
(w)(35). ISO 9809–2:2019 is the third
edition of ISO 9809–2. Additionally,
PHMSA is adding a sunset date of
December 31, 2026, for continued use
and phaseout of the second edition of
ISO 9809–2:2010, which is currently
referenced in § 178.71 and § 178.75.
PHMSA clarified in the ‘‘Section IV:
Comment Discussion’’ section of this
final rule that the phaseout date of
December 31, 2026, applies to the
manufacturing of cylinder under ISO
9809–2:2010. Cylinders manufactured
before December 31, 2026, under ISO
9809–2:2010 are authorized under the
HMR. ISO 9809–2:2019 specifies
minimum requirements for the material,
design, construction and workmanship;
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manufacturing processes; and
examination and testing at time of
manufacture for refillable seamless steel
gas cylinders and tubes with water
capacities up to and including 450 L.
Part 2 of ISO 9809 is applicable to
cylinders and tubes for compressed,
liquefied, and dissolved gases, and for
quenched and tempered steel cylinders
and tubes with an actual tensile strength
greater than or equal to 1100 MPa. As
part of its periodic review of all
standards, ISO reviewed ISO 9809–
2:2010 and published an updated
version, ISO 9809–2:2019, in 2019; this
updated version was adopted in the
22nd revised edition of the UN Model
Regulations. The updated standard has
technical revisions including expanded
cylinder size (i.e., allowed water
capacity is extended from below 0.5 L
up to and including 450 L); the
introduction of specific batch sizes for
tubes; limiting the bend test only for
prototype tests; the addition of test
requirements for check analysis
(tolerances modified); and the addition
of new test requirements for threads.
Updating references to this document
aligns the HMR with changes adopted in
the 22nd revised edition of the UN
Model Regulations pertaining to the
design and construction of UN
cylinders. PHMSA has reviewed this
edition as part of its regular
participation in the review of
amendments for the UN Model
Regulations and concludes
incorporation of the revised third
edition will maintain or improve the
safety standards associated with its use.
• Incorporate by reference the third
edition of ISO 9809–3:2019(E), ‘‘Gas
cylinders—Design, construction and
testing of refillable seamless steel gas
cylinders and tubes—Part 3: Normalized
steel cylinders and tubes’’ in paragraph
(w)(38). Additionally, PHMSA is
allowing a sunset date of December 31,
2026, for continued use phaseout of the
second edition of ISO 9809–3:2010,
which is currently referenced in
§ 178.71 and § 178.75. PHMSA clarified
in the ‘‘Section IV: Comment
Discussion’’ section of this final rule
that the phaseout date of December 31,
2026, applies to the manufacturing of
cylinders under ISO 9809–3:2010.
Cylinders manufactured before
December 31, 2026, under ISO 9808–
3:2010 would still be authorized under
the HMR. ISO 9809–3 is applicable to
cylinders and tubes for compressed,
liquefied, and dissolved gases, and for
normalized, or normalized and
tempered, steel cylinders and tubes. As
part of its periodic review of all
standards, ISO reviewed ISO 9809–
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3:2010 and published an updated
version, ISO 9809–3:2019. The updated
standard has technical revisions
including: a wider scope of cylinders
(i.e., allowed water capacity is extended
from below 0.5 L up to and including
450 L); the introduction of specific
batch sizes for tubes; limiting the bend
test only for prototype tests; the
addition of test requirements for check
analysis (tolerances modified); and the
addition of new test requirements for
threads. Updating references to the 2019
edition aligns the HMR with changes
adopted in the 22nd revised edition of
the UN Model Regulations, which
added this version pertaining to the
design and construction of UN
cylinders. PHMSA has reviewed this
edition as part of its regular
participation in the review of
amendments for the UN Model
Regulations and concludes
incorporation of the revised third
edition will maintain or improve the
safety standards associated with its use.
• Incorporate by reference
supplemental amendment ISO
10462:2013/Amd 1:2019(E), ‘‘Gas
cylinders—Acetylene cylinders—
Periodic inspection and maintenance—
Amendment 1,’’ in paragraph (w)(48).
This amendment adds a reference to ISO
10462:2013/Amd 1:2019(E) in
§ 180.207(d)(3), where ISO 10462:2013
is currently required, and adds a sunset
date of December 31, 2024, for
continued use and phaseout of ISO
10462:2013 without the supplemental
amendment. ISO 10462:2013 specifies
requirements for the periodic inspection
of acetylene cylinders as required for
the transport of dangerous goods and for
maintenance in connection with
periodic inspection. It applies to
acetylene cylinders with and without
solvent, and with a maximum nominal
water capacity of 150 L. As part of a
periodic review of its standards, ISO
reviewed ISO 10462:2013, and in June
2019 published a short supplemental
amendment, ISO 10462:2013/Amd
1:2019. The supplemental document
includes updates such as simplified
marking requirements for rejected
cylinders. Updating references to this
document aligns the HMR with
documents referenced in the 22nd
revised edition of the UN Model
Regulations pertaining to the
requalification procedures for acetylene
UN cylinders. PHMSA has reviewed
this edition as part of its regular
participation in the review of
amendments for the UN Model
Regulations and concludes the
incorporation of the supplemental
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document maintains the HMR safety
standards for use of acetylene cylinders.
• Incorporate by reference the third
edition of ISO 11117:2019(E), ‘‘Gas
cylinders—Valve protection caps and
guards—Design, construction and
tests,’’ in paragraph (w)(56). This
amendment authorizes the use of the
third edition until further notice, and
adds an end date of December 31st,
2026, to the authorization for use of the
second edition—ISO 11117:2008—and
the associated corrigendum, which are
currently referenced in § 173.301b. ISO
11117 specifies the requirements for
valve protection caps and valve guards
used on cylinders for liquefied,
dissolved, or compressed gases. The
changes in this revised standard pertain
to the improvement of the
interoperability of both the valve
protection caps and the valve guards,
with the cylinders and the cylinder
valves. To that end, the drop test, the
marking, and test report requirements
have been revised and clarified.
Updating references to this document
aligns the HMR with changes adopted in
the 22nd revised edition of the UN
Model Regulations pertaining to valve
protection on UN pressure receptacles.
PHMSA has reviewed this edition as
part of its regular participation in the
review of amendments for the UN
Model Regulations and does not expect
any degradation of safety standards in
association with its use.
• Incorporate by reference ISO
11118:2015/Amd 1:2019(E), ‘‘Gas
cylinders—Non-refillable metallic gas
cylinders—Specification and test
methods—Amendment 1,’’ in paragraph
(w)(59). ISO 11118:2015/Amd 1:2019(E)
is a short supplemental amendment that
is intended to be used in conjunction
with ISO 11118:2015, which is currently
referenced in § 178.71. This amendment
authorizes the use of this supplemental
amendment in conjunction with ISO
11118:2015 until further notice, and
adds an end date of December 31, 2026,
until which ISO 11118:2015 may
continue to be used without this
supplemental amendment. ISO
11118:2015, which specifies minimum
requirements for the material, design,
inspections, construction and
workmanship; manufacturing processes;
and tests at manufacture of nonrefillable metallic gas cylinders of
welded, brazed, or seamless
construction for compressed and
liquefied gases, including the
requirements for their non-refillable
sealing devices and their methods of
testing. ISO 11118:2015/Amd 1:2019
corrects the identity of referenced
clauses and corrects numerous
typographical errors. The amendment
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also includes updates to the marking
requirements in the normative Annex A,
which includes clarifications,
corrections, and new testing
requirements. Updating references to
this document aligns the HMR with
documents referenced in the 22nd
revised edition of the UN Model
Regulations pertaining to non-refillable
UN cylinders. PHMSA has reviewed
this amended document as part of its
regular participation in the review of
amendments for the UN Model
Regulations and determined the added
corrections and clarifications provide
important additional utility for users of
ISO 11118:2015(E). PHMSA does not
expect any degradation of safety
standards in association with its use and
expects updates to these safety
standards may provide an additional
level of safety.
• Incorporate by reference ISO
11513:2019, ‘‘Gas cylinders—Refillable
welded steel cylinders containing
materials for sub-atmospheric gas
packaging (excluding acetylene)—
Design, construction, testing, use and
periodic inspection,’’ in paragraph
(w)(71). ISO 11513:2019 is the second
edition of ISO 11513. This amendment
authorizes the use of the second edition
and adds an end date to the
authorization for use of the first edition,
ISO 11513:2011 (including Annex A),
which is currently referenced in
§ 173.302c, § 178.71, and § 180.207. ISO
11513 specifies minimum requirements
for the material, design, construction,
workmanship, examination, and testing
at manufacture of refillable welded steel
cylinders for the sub-atmospheric
pressure storage of liquefied and
compressed gases. The second edition
has been updated to amend packing
instructions and remove a prohibition
on the use of ultrasonic testing during
periodic inspection. Updating
references to this document aligns the
HMR with documents referenced in the
22nd revised edition of the UN Model
Regulations pertaining to the shipment
of adsorbed gases in UN pressure
receptacles. PHMSA has reviewed this
edition as part of its regular
participation in the review of
amendments for the UN Model
Regulations and does not expect any
degradation of safety standards in
association with its use and expects
updates to these safety standards may
provide an additional level of safety.
• Incorporate by reference ISO
16111:2018, ‘‘Transportable gas storage
devices—Hydrogen absorbed in
reversible metal hydride,’’ in paragraph
(w)(80). ISO 16111:2018 is the second
edition of ISO 16111. This amendment
authorizes the use of the second edition
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until further notice, and adds an end
date of December 31, 2026, on the
authorization to use the first edition,
ISO 16111:2008, which is referenced in
§§ 173.301b, 173.311, and 178.71.
PHMSA clarified in the ‘‘Section IV:
Comment Discussion’’ section of this
final rule that the phaseout date of
December 31, 2026, applies to the
manufacturing of metal hydride storage
devices under ISO 16111:2008. Metal
hydride storage systems manufactured
before December 31, 2016, under ISO
16111:2009 are still authorized under
the HMR. ISO 16111 defines the
requirements applicable to the material,
design, construction, and testing of
transportable hydrogen gas storage
systems, which utilize shells not
exceeding 150 L internal volume and
having a maximum developed pressure
not exceeding 25 MPa. This updated
standard includes additional
information pertaining to service
temperature conditions that have been
described in detail; new references
related to shell design; modified drop
test conditions; modified acceptance
criteria for leak testing; modified
hydrogen cycling conditions; new
warning labelling; and updated
information on safety data sheets.
Updating references to this document
aligns the HMR with documents
referenced in the 22nd revised edition
of the UN Model Regulations pertaining
to metal hydride storage systems.
PHMSA has reviewed this edition as
part of its regular participation in the
review of amendments for the UN
Model Regulations and expects updates
to these safety standards may provide an
additional level of safety.
• Incorporate by reference ISO
17871:2020(E), ‘‘Gas cylinders—Quickrelease cylinder valves—Specification
and type testing,’’ in paragraph (w)(83).
ISO 17871:2020 is the second edition of
ISO 17871. This amendment authorizes
the use of the second edition and adds
an end date of December 31, 2026, to the
authorization for use of the first edition,
ISO 17871:2015(E), which is currently
referenced in 173.301b. This document,
in conjunction with ISO 10297 and ISO
14246, specifies design, type testing,
marking, manufacturing tests, and
examination requirements for quickrelease cylinder valves intended to be
fitted to refillable transportable gas
cylinders, pressure drums, and tubes
that convey certain gases, such as
compressed or liquefied gases, or
extinguishing agents charged with
compressed gases to be used for fireextinguishing, explosion protection, and
rescue applications. As part of its
regular review of its standards, ISO
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updated and published the second
edition of ISO 17871 as ISO 17871:2020.
The 2020 edition of this standard
broadens the scope to include quick
release valves for pressure drums and
tubes, and specifically excludes the use
of quick release valves with flammable
gases. Other notable changes include the
addition of the valve burst test pressure;
the deletion of the flame impingement
test; and the deletion of internal leak
tightness test at ¥40 °C for quick release
cylinder valves used only for fixed firefighting systems installed in buildings.
Updating references to this document
aligns the HMR with changes adopted in
the 22nd revised edition of the UN
Model Regulations pertaining to the
shipment of gases in UN pressure
receptacles. PHMSA has reviewed this
edition as part of its regular
participation in the review of
amendments for the UN Model
Regulations and does not expect any
degradation of safety standards in
association with its use.
• Incorporate by reference ISO
21172–1:2015/Amd 1:2018, ‘‘Gas
cylinders—Welded steel pressure drums
up to 3000 litres capacity for the
transport of gases—Design and
construction—Part 1: Capacities up to
1000 litres—Amendment 1,’’ in
paragraph (w)(89). ISO 21172–1:2015/
Amd1:2018 is a short supplemental
amendment intended to be used in
conjunction with ISO 21172–1:2015,
which is currently referenced in
§ 178.71. This amendment authorizes
the use of this supplemental document
in conjunction with the first edition,
ISO 21172–1:2015. It also adds an end
date of December 31, 2026, until which
ISO 21172–1:2015 may continue to be
used without this supplemental
amendment. ISO 21172–1:2015 specifies
the minimum requirements for the
material, design, fabrication,
construction, workmanship, inspection,
and testing at manufacture of refillable
welded steel gas pressure drums of
volumes 150 L to 1,000 L, and up to 300
bar (30 MPa) test pressure for
compressed and liquefied gases. This
supplemental amendment includes
updated references and removes the
restriction on corrosive substances.
Updating references to this document
aligns the HMR with documents
referenced in the 22nd revised edition
of the UN Model Regulations pertaining
to the design and construction of UN
pressure drums. PHMSA has reviewed
this edition as part of its regular
participation in the review of
amendments for the UN Model
Regulations and does not expect any
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degradation of safety standards in
association with its use.
• Incorporate by reference ISO
23088:2020, ‘‘Gas cylinders—Periodic
inspection and testing of welded steel
pressure drums—Capacities up to 1000
l,’’ in paragraph (w)(91). This
amendment incorporates by reference
the first edition of ISO 23088, which
specifies the requirements for periodic
inspection and testing of welded steel
transportable pressure drums of water
capacity from 150 L up to 1,000 L, and
up to 300 bar (30 MPa) test pressure
intended for compressed and liquefied
gases in § 180.207. This new standard
was adopted in the 22nd revised edition
of the UN Model Regulations because it
fulfills the need for specific periodic
inspection instructions for pressure
drums constructed in accordance with
ISO 21172–1. Incorporating by reference
this document aligns the HMR with
standards adopted in the 22nd revised
edition of the UN Model Regulations
pertaining to the design, construction,
and inspection of UN pressure drums.
PHMSA has reviewed this document as
part of its regular participation in the
review of amendments for the UN
Model Regulations and expects that its
addition will facilitate the continued
use of UN pressure drums with no
degradation of safety.
• In paragraph (aa)(3), incorporate by
reference the OECD Guidelines for the
Testing of Chemicals, ‘‘Test No. 439: In
Vitro Skin Irritation: Reconstructed
Human Epidermis Test Method’’ (2015).
This Test Guideline (TG) provides an in
vitro procedure that may be used for the
hazard identification of irritant
chemicals. PHMSA is amending the
HMR to reference this test in § 173.137,
and to authorize the use of this test
method in addition to those already
referenced in that section. This test
method is used to specifically exclude
a material from classification as
corrosive, and to maintain alignment
with the 22nd revised edition of the UN
Model Regulations. This test method
provides an in vitro procedure that may
be used for the hazard identification of
irritant chemicals (substances and
mixtures). OECD test methods can be
found in the OECD iLibrary available at
https://www.oecd-ilibrary.org.
• In paragraph (dd), incorporate by
reference United Nations standards
including:
→ ‘‘The Recommendations on the
Transport of Dangerous Goods—Model
Regulations,’’ 22nd revised edition
(2021), Volumes I and II, in paragraph
(dd)(1), which are referenced in
§§ 171.8; 171.12; 172.202; 172.401;
172.407; 172.502; 172.519; 173.22;
173.24; 173.24b; 173.40; 173.56;
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173.192; 173.302b; 173.304b; 178.75;
and 178.274. The Model Regulations
provide framework provisions
promoting uniform development of
national and international regulations
governing the transportation of
hazardous materials by various modes
of transport. At its tenth session on
December 11, 2020, the UNSCOE on the
Transport of Dangerous Goods adopted
amendments to the UN Model
Regulations on the Transport of
Dangerous Goods concerning, inter alia,
electric storage systems (including
modification of the lithium battery mark
and provisions for transport of
assembled batteries not equipped with
overcharge protection); requirements for
the design, construction, inspection,
and testing of portable tanks with shells
made of fiber reinforced plastics (FRP)
materials; modified listings of
dangerous goods; and additional
harmonization with the IAEA
Regulations for the Safe Transport of
Radioactive Material. PHMSA
participates in the development of the
UN Model Regulations and has
determined that the amendments
adopted in the 22nd revised edition
support the safe transport of hazardous
materials and as such are appropriate
for incorporation in the HMR. The 22nd
revised edition of the UN Model
Regulations is available online at
https://unece.org/transport/dangerousgoods/un-model-regulations-rev-22.
→ ‘‘The Manual of Tests and Criteria,
Amendment 1 to the Seventh revised
edition’’ (Rev.7/Amend.1) (2021), in
paragraph (dd)(2)(ii), which is
referenced in §§ 171.24, 172.102;
173.21; 173.56; 173.57; 173.58; 173.60;
173.115; 173.124; 173.125; 173.127;
173.128; 173.137; 173.185; 173.220;
173.221; 173.224; 173.225; 173.232; part
173, appendix H; 175.10; 176.905; and
178.274. The Manual of Tests and
Criteria contains instruction for the
classification of hazardous materials for
purposes of transportation according to
the UN Model Regulations. At its tenth
session, the Committee of Experts on the
Transport of Dangerous Goods and on
the Globally Harmonized System of
Classification and Labelling of
Chemicals adopted a set of amendments
to the seventh revised edition of the
Manual, which were circulated and
collected in amendment 1 to the seventh
revised edition. The new amendments
adopted in December 2020 pertain to
the transport of explosives, including
alignment with revised Chapter 2.1 of
the GHS, classification of self-reactive
substances and polymerizing
substances, and the assessment of the
thermal stability of samples and
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temperature control assessment for
transport of self-reactive substances and
organic peroxides. PHMSA has
reviewed and approved the
amendments adopted in this document
and further expects that their
incorporation in the HMR will provide
an additional level of safety. PHMSA is
incorporating by reference this
document as a supplement, to be used
in conjunction with the seventh revised
edition (2019). The amendments to the
manual can be accessed at https://
unece.org/transport/dangerous-goods/
rev7-files.
→ ‘‘Globally Harmonized System of
Classification and Labelling of
Chemicals (GHS),’’ ninth revised edition
(2021) in paragraph (dd)(3), which is
referenced in § 172.401. The GHS
standard provides a basic scheme to
identify and communicate the hazards
of substances and mixtures. At its tenth
session on December 11, 2020, the
Committee of Experts on the Transport
of Dangerous Goods and on the Globally
Harmonized System of Classification
and Labelling of Chemicals adopted a
set of amendments to the eighth revised
edition of the GHS which include, inter
alia: revisions to Chapter 2.1
(explosives) to better address their
explosion hazard when they are not in
their transport configuration; revisions
to decision logics; revisions to
classification and labelling summary
tables in Annex 1; revisions and
additional rationalization of
precautionary statements; and updates
of references to OECD test guidelines for
the testing of chemicals in Annexes 9
and 10. PHMSA has reviewed and
approved the amendments incorporated
in this document and further expects
that its incorporation in the HMR will
provide an additional level of safety.
The ninth revised edition of the GHS
can be accessed at https://unece.org/
transport/standards/transport/
dangerous-goods/ghs-rev9-2021.
Section 171.12
Section 171.12 prescribes
requirements for shipments of
hazardous materials in North America,
including use of the Transport Canada
(TC) Transportation of Dangerous Goods
(TDG) Regulations. In rule HM–215N,15
PHMSA amended the HMR to expand
recognition of cylinders and pressure
receptacles, and certificates of
equivalency—Transport Canada’s
equivalent of a special permit—
approved in accordance with the TDG
Regulations. The goal of these
amendments was to promote flexibility;
permit the use of modern technology for
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the requalification and use of pressure
receptacles; expand the universe of
pressure receptacles authorized for use
in hazardous material transport; reduce
the need for special permits; and
facilitate cross-border transportation of
these pressure receptacles. In
accordance with § 171.12(a)(4), when
the provisions of the HMR require the
use of either a DOT specification or a
UN pressure receptacle for transport of
a hazardous material, a packaging
authorized by Transport Canada’s TDG
Regulations may be used only if it
corresponds to the DOT specification or
UN standard. HM–215N revised
paragraph (a)(4)(iii) to include a table
listing Canadian Railway Commission
(CRC), Board of Transport
Commissioners for Canada (BTC),
Canadian Transport Commission (CTC),
or Transport Canada (TC) specification
cylinders, in accordance and full
conformance with the TDG Regulations,
that correspond with a DOT
specification cylinder.
However, currently there are no TC
specification cylinders corresponding to
DOT specification cylinders listed in the
table for DOT–8 and DOT–8AL
cylinders used to transport acetylene.
During the development of HM–215N,
PHMSA conducted a comparative
analysis of DOT and TC cylinder
specifications, and only those TC
cylinder specifications that
corresponded directly to DOT cylinder
specifications were included. As a
result, PHMSA did not include TC–
8WM and TC–8WAM specifications for
the transport of acetylene in the table of
corresponding cylinders at
§ 171.12(a)(4)(iii). This omission was
primarily due to concerns over differing
solvent authorizations, calculations, and
methods of construction for the design
associated with the TC–8WM and TC–
8WAM specifications. PHMSA
conducted a second comparative
analysis of DOT and TC cylinder
specifications for transport of acetylene
and concluded that the initial concerns
were unwarranted. Therefore, PHMSA
is adding TC–8WM and TC–8WAM
specifications to the table of
corresponding DOT specifications in
§ 171.12(a)(4)(iii) as comparable
cylinders to DOT–8 and DOT–8AL,
respectively. PHMSA’s supplemental
review indicates the differences
between the TC and DOT specifications
for transport of acetylene are minor, and
the standard for safety of transportation
of acetylene in cylinders under the HMR
is maintained. This amendment allows
for TC acetylene cylinders
manufactured in Canada to be filled,
used, and requalified (including rebuild,
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repair, and reheat-treatment) in the
United States, facilitating cross border
movement of acetylene and eliminating
the need for a special permit to allow
transport of acetylene in these TC–8WM
and TC–8AWM cylinders while
maintaining an equivalent level of
safety. Additionally, this amendment
provides reciprocity to TC’s authorized
use of DOT–8 and DOT–8AL cylinders
for acetylene transport. DGAC and CGA
provided comments in support of this
revision. Additionally, DGAC urges TC
and PHMSA to work to mutually
recognize competent authority
approvals and special permits. DGAC
adds that mutual recognition of these
authorities will further enable
companies to move hazardous material
in a safe and expeditious manner,
eliminating unnecessary applications to
both regulatory authorities, while
maintaining safe transportation for
hazardous materials. PHMSA
acknowledges DGAC’s comment and
will continue to work with TC on efforts
to harmonize the TDG with the HMR in
the future.
Section 171.23
Section 171.23 outlines the
requirements for specific materials and
packagings transported under the ICAO
Technical Instructions, IMDG Code, TC
TDG Regulations, or the IAEA
Regulations. It also includes authorized
use, under specific conditions, of pimarked pressure receptacles that
comply with the Agreement Concerning
the International Carriage of Dangerous
Goods by Road (ADR), and the EU
Directive 2010/35/EU,16 and marked
with a pi (p) symbol to denote such
compliance for transport of hazardous
materials. PHMSA is amending the
language in the provisions for pi-marked
pressure receptacles in paragraph (a)(3)
to clarify the scope of pressure
receptacles authorized by this section.
‘‘Pressure receptacles’’ is a collective
term that may be used to refer to many
types of pressurized containers of
various sizes, such as cylinders, tubes,
pressure drums, closed cryogenic
receptacles, metal hydride storage
systems, bundles of cylinders, or salvage
pressure receptacles. When PHMSA
adopted the provisions for pi-marked
pressure receptacles,17 it did not intend
to broadly apply the scope to all
pressure receptacle types. Instead,
PHMSA’s intent was to apply the
authorized use of pi-marked pressure
16 U.N. Econ. Comm’n for Europe, Transportation
Division, Agreement Concerning the Int’l Carriage
of Dangerous Goods by Road, 110th Sess., ECE/
TRANS/300, U.N. Sales No. E. 21. VIII. 1 (2020).
17 85 FR 75680 (Nov. 25, 2020).
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receptacles domestically only to
cylinders, as indicated in current
paragraph (a)(3)(iii), which specifically
references cylinders. Some of the
pressure receptacles authorized in
accordance with the ADR standard do
not have an equivalent packaging
authorized in the HMR, and some have
large capacities, both of which give
pause to PHMSA with respect to the
hazardous materials authorized in these
packagings. Therefore, PHMSA is
replacing the words ‘‘pressure
receptacles’’ in paragraph (a)(3) with
‘‘cylinders with a water capacity not
exceeding 150 L,’’ as defined in § 171.8,
to specify the scope of pi-marked
pressure receptacles authorized under
§ 171.23. PHMSA expects that this
amendment will improve safety by
providing additional clarity with regard
to the scope of authorized use of pimarked pressure receptacles for
transport of hazardous material in the
United States. PHMSA is aware of
growing interest in the authorization for
use of other pi-marked pressure
receptacles and PHMSA plans to
address that issue in a future
rulemaking. CGA and DGAC provided a
comment in support of this revision.
Section 171.25
Section 171.25 outlines additional
requirements for the use of the IMDG
Code in addition to those found in
§ 171.22 and § 171.23. As discussed in
the NPRM, PHMSA is not adopting
provisions for UN FRP portable tanks in
the HMR. However, to facilitate limited
import and export of these tanks in
international commerce, and to gain
additional experience with their
transport, PHMSA is adding a new
paragraph—§ 171.25(c)(5)—that
prohibits the general transportation of
UN FRP portable tanks designed and
constructed in accordance with Chapter
6.10 of the IMDG Code within the
United States, yet allows for the tanks
to be transported within a single port
area in the United States in accordance
with the provisions of § 171.25(d)
covering the use of the IMDG Code in
port areas. This action will maintain the
safe transportation of hazardous
material under the HMR while
facilitating international commerce by
permitting the import or export of
hazardous materials in UN FRP portable
tanks, and limiting their use and
movement within the confines of a
single port area. DGAC provided
comments in support of this revision.
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Section 172.101 Hazardous Materials
Table (HMT)
The HMT summarizes terms and
conditions governing transportation of
listed hazardous materials under the
HMR. For each entry, the HMT
identifies information such as the PSN,
UN identification number, and hazard
class. The HMT specifies additional
information or reference requirements
in the HMR such as hazard
communication, packaging, quantity
limits aboard aircraft, and stowage of
hazardous materials aboard vessels.
PHMSA is making several changes to
the HMT as discussed below. For
purposes of the Government Publishing
Office’s typesetting procedures, changes
to the HMT appear under three sections
of the HMT: ‘‘remove,’’ ‘‘add,’’ and
‘‘revise.’’ Certain entries in the HMT,
such as those with revisions to the
PSNs, appear as a ‘‘remove’’ and ‘‘add.’’
Amendments to the HMT include the
following:
New HMT Entry
PHMSA is adding a new entry,
‘‘UN3550, Cobalt dihydroxide powder,
containing not less than 10% respirable
particles, Division 6.1, PG I,’’ to the
HMT. Cobalt is a key strategic mineral
used in various advanced medical and
technical applications around the
world, and it is essential to keep the
global supply chains for this material
open. This material has a 40-year
history of safe global transport as
‘‘UN3077, Environmentally hazardous
substance, solid, n.o.s., Class 9’’ in
different forms, including as crude
material directly from mines, high
moisture content paste, and very fine
refined powders in flexible IBCs rated
for PG III. However, recent testing
required for compliance with the
REACH Regulation in the European
Union, and subsequent evaluation
against the hazard classification criteria
of the EU Classification, Labelling, and
Packaging (CLP) Regulation, resulted in
a classification of Acute toxicity by
inhalation Category 1, which is
equivalent to the Division 6.1 hazard
classification. As a result of this testing,
it was determined that when this
material is in fine powder form, it must
no longer be transported as Class 9
miscellaneous hazard material. In
powder form, cobalt dihydroxide
powder must now be classified as a
Division 6.1 toxic-by-inhalation solid
material, for which a unique UN
identification number and associated
classification, hazard communication,
and packing instructions do not
currently exist in the HMT. This change
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in classification led to the development
of the new UN identification number
UN3550 and associated transportation
requirements by the UNSCOE. To that
end, the UNSCOE developed
appropriate packaging provisions,
including a special packaging condition,
which permits the continued use of
certain flexible IBCs. PHMSA notes that
other forms of cobalt dihydroxide
powder may continue to be classified
and described as ‘‘UN3077,
Environmentally hazardous, solid,
n.o.s., 9, PG III.’’ Specifically, the
UNSCOE addressed shipper concerns
that flexible IBCs are not otherwise
permitted for transport of Division 6.1
toxic solids, yet there is a 40-year record
of safe transport of the refined material
as UN3077 material in flexible IBCs,
with no recorded accidents, incidents,
or health issues. PHMSA is also adding
a corresponding special provision (IP22)
to indicate that the use of certain
flexible IBCs is permitted for UN3550,
which is discussed further in § 172.102
of this Section-by-Section Review. The
other packaging provisions for this
cobalt dihydroxide powder are
consistent with those for other Division
6.1 solid materials assigned PG I, such
as ‘‘UN3467, Organometallic compound,
solid, toxic, n.o.s.’’ An entry for UN3550
was also added in the 2023–2024 ICAO
Technical Instructions and aligns with
the packaging requirements in this final
rule. PHMSA agrees with the UN
provision to allow for the continued
transport of this hazardous material in
flexible IBCs, or in accordance with
other special provisions and packaging
requirements outlined in Part 173. The
addition of this new HMT entry will
maintain the HMR’s safety standard for
transportation of Division 6.1 solid
materials.
HMT Corrections
PHMSA is making corrections to
multiple HMT entries that were
inadvertently modified in previous
rulemakings. Specifically, for the PGII
and PGIII entries for ‘‘UN3129, Waterreactive liquid, corrosive, n.o.s.’’ and
‘‘UN3148, Water-reactive liquid, n.o.s.,’’
the references to exceptions in § 173.151
in Column 8A were removed and
replaced with the word ‘‘None.’’ While
there are no exceptions for these
materials when assigned to PGI, PHMSA
did not intend to remove the exceptions
for PGII and III materials. Additionally,
for the PGIII entry for ‘‘UN3148, Waterreactive liquid, n.o.s.,’’ the ‘‘G’’ in
Column 1, which indicates that a
technical name must be provided in
association with the proper shipping
name, was also inadvertently deleted.
PHMSA expects that making these
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editorial corrections will prevent
frustrations in shipping due to the
inadvertent removal of the reference to
authorized shipping exceptions and
prevent confusion regarding the
required shipping description. PHMSA
also is making a correction to the entry
‘‘UN0512, Detonators, electronic
programmable for blasting.’’ In HM–
215P, PHMSA added three new entries
for electronic detonators to distinguish
them from electric detonators, which
have different functioning
characteristics but similar regulatory
provisions for their transport. PHMSA
incorrectly assigned an obsolete special
provision, Special Provision 103, which
was removed from the HMR by final
rule HM–219C.18 UN0512 is comparable
to the entry UN0255 and therefore
should reflect the same special
provision, Special Provision 148.
Therefore, PHMSA is removing the
reference to Special Provision 103 in
Column 7 for UN0512 and replacing it
with Special Provision 148 consistent
with the entry of UN0255. PHMSA
expects this correction will remove
confusion surrounding additional
provisions for these detonators. Lastly,
PHMSA is making a correction to the
proper shipping name for UN3380,
which should read ‘‘Desensitized
explosive, solid, n.o.s.’’ In the previous
HM–215 rulemaking, the word
‘‘explosive’’ was inadvertently made
plural. This spelling is in conflict with
a similar material on the HMT,
‘‘UN3379, Desensitized explosive,
liquid, n.o.s.,’’ and international
regulations. Therefore, PHMSA expects
that this correction will remove
confusion surrounding the proper
shipping name for these materials.
PHMSA is also making a correction to
the HMT entry for ‘‘UN1791,
Hypochlorite Solutions.’’ In HM–215O,
PHMSA added stowage codes 53 and
58—which require stowage ‘‘separated
from alkaline compounds’’ and
‘‘separated from cyanides,’’
respectively—to Column 10B of the
HMT for several hazardous materials for
consistency with changes included in
Amendment 39–18 of the IMDG Code.
These stowage codes were intended to
be applied to several HMT entries to
ensure proper segregation between acids
and both amines and cyanides, but
should not have included UN1791.
Therefore, PHMSA is removing stowage
codes 53 and 58 from Column 10B for
this entry. PHMSA expects that this
correction will remove the burden faced
by shippers who have had to segregate
hypochlorite solutions for compliance
with the HMR, which is inconsistent
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with the requirements of the IMDG
Code.
Lastly, PHMSA is making a correction
to the HMT entry for ‘‘UN3021,
Pesticides, liquid, flammable, toxic,
flash point less than 23 degrees C.’’ On
December 27, 2022, PHMSA published
the HM–260B 19 final rule titled
‘‘Hazardous Materials: Editorial
Corrections and Clarifications,’’ which
intended to only revise the hazardous
materials description in Column 2 to
italicize ‘‘flash point less than 23
degrees C’’ so that it is understood it is
not part of the required PSN as it is now
reflected in the HMT—‘‘UN3021,
Pesticides, liquid, flammable, toxic,
flash point less than 23 degrees C.’’
However, this revision unintentionally
left out the PG II line for the ‘‘UN3021,
Pesticides, liquid, flammable, toxic,
flash point less than 23 degrees C ’’
entry, and thus it was inadvertently
revised in the HMT to only show the PG
I line of the table entry for this
hazardous material description.
Therefore, in this final rule, PHMSA is
revising the entry under ‘‘UN3021,
Pesticides, liquid, flammable, toxic,
flash point less than 23 degrees C ’’ to
again include the PG II line as it was
never intended to be removed, and to
avoid confusion by stakeholders
whether there is no longer a PG II line
with associated references for
authorized packaging and transportation
conditions for this table entry.
Column (2) Hazardous Materials
Descriptions and Proper Shipping
Names
Section 172.101(c) describes column
(2) of the HMT and the requirements for
hazardous materials descriptions and
PSNs. PHMSA is consolidating two
entries in the HMT that are currently
listed under ‘‘UN1169, Extracts,
aromatic, liquid’’ (PGII and PGIII) and
‘‘UN1197, Extracts, flavoring, liquid’’
(PGII and PGIII). Specifically, PHMSA is
removing the table entry for ‘‘UN1169,
Extracts, aromatic, liquid’’ and
modifying the PSN associated with the
table entry for UN1197 to reflect
materials that have been historically
transported separately under UN1169
and UN1197. The 22nd revised edition
of the UN Model Regulations made
these same changes, deleting UN1169
from the Dangerous Goods List and
changing the PSN for UN1197 to
‘‘Extracts, liquid, for flavor or aroma’’ to
remove confusion associated with
selection of the appropriate PSNs across
the various languages of nations
engaged in international shipments of
the material. It became apparent that,
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FR 79752 (Dec. 27, 2022).
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whether for a flavor extract or aroma
extract, the PSNs were often used
interchangeably as there is no difference
between the two with regard to
classification, hazard communication,
and packaging for transport. PHMSA
agrees that the existence of two
interchangeable UN numbers does not
provide any additional value and,
therefore, is removing the table entry for
UN1169 and modifying the PSN for
UN1197 to read ‘‘Extracts, liquid, for
flavor or aroma.’’ Additionally, PHMSA
is amending the text of paragraph
(c)(12)(ii), which outlines requirements
for generic or n.o.s. descriptions. The
text of this paragraph provides an
example using ‘‘Extracts, flavoring,
liquid.’’ Therefore, PHMSA is amending
the wording of that example by
replacing ‘‘Extracts, flavoring, liquid’’
with ‘‘Extracts, liquid, for flavor or
aroma’’ to correspond to the amended
PSN for UN1197. This action maintains
the current level of safety for
transportation of liquid extracts.
Column (3) Hazard Class or Division
Section 172.101(d) describes column
(3) of the HMT, which designates the
hazard class or division corresponding
to the PSN of that entry. Consistent with
changes adopted in the 22nd revised
edition of the UN Model Regulations,
PHMSA is changing the primary hazard
classification for the entry ‘‘UN1891,
Ethyl Bromide,’’ from a toxic liquid of
Division 6.1 to a Class 3 flammable
liquid. This change in classification is
consistent with the change adopted in
the 2023–2024 ICAO Technical
Instructions, as well as the UN Model
Regulations, and is based on new test
data indicating that the flash point and
boiling point of ethyl bromide has a core
flammability hazard according to the
Class 3 classification criteria of the
ICAO Technical Instructions. More
specifically, different data sources
showed that its flash point of ¥20 °C
(¥4 °F) and its boiling point of 38 °C
(100.4 °F) meet the criteria for
assignment as a Class 3 at the PG II
level—the criteria of which is having a
flash point <23 °C and boiling point >35
°C. Additionally, rather than classifying
ethyl bromide solely as a Class 3
flammable liquid, it was determined
that the Division 6.1 hazard still applies
and should remain assigned as a
subsidiary hazard. This is consistent
with the HMR precedence of hazard
table in § 173.2a, which states that a
material that meets criteria for
classification as both Class 3 and
Division 6.1 (except for when a material
meets the PG I poison-by-inhalation
criteria), the flammability hazard takes
precedence and is the primary hazard.
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These changes in hazard class and
associated packaging requirements were
adopted to ensure that the hazards of
ethyl bromide are accurately
communicated and appropriately
packaged. PHMSA reviewed these
findings and agrees it is appropriate to
classify ethyl bromide as a flammable
liquid, with a subsidiary Division 6.1
hazard. Because of this change in hazard
class, additional conforming changes to
the HMT entry for ethyl bromide are
required in column (6), as discussed
below. Additionally, PHMSA expects
that clearly identifying the flammability
hazard posed by this material will
improve safety by ensuring that the
material is handled appropriately before
and during transport.
Column (6) Label Codes
Section 172.101(g) describes column
(6) of the HMT, which contains label
codes representing the hazard warning
labels required for a package filled with
a material conforming to the associated
hazard class and proper shipping name,
unless the package is otherwise
excepted from labeling. The first code is
indicative of the primary hazard of the
material. Additional label codes are
indicative of subsidiary hazards. As
discussed above, PHMSA is modifying
the primary hazard class for ‘‘UN1891,
Ethyl bromide’’ to Class 3. Consistent
with this change, PHMSA is assigning
Class 3 as the primary hazard label and
Division 6.1 as a subsidiary hazard
label. Consequently, PHMSA is
amending column (6) of the HMT for
this entry to reflect the warning labels
required for the transport of this
hazardous material. PHMSA expects
that this change will improve safety by
clearly communicating the
transportation hazards of this material.
Column (7) Special Provisions
Section 172.101(h) describes column
(7) of the HMT, which assigns special
provisions for each HMT entry. Section
172.102 provides for the meaning and
requirements of the special provisions
assigned to entries in the HMT. The
revisions to column (7) of certain entries
in the HMT are discussed below.
Special Provision 396
PHMSA is adding a new special
provision, Special Provision 396, and
assigning it to ‘‘UN3538, Articles
containing non-flammable, non-toxic
gas, n.o.s.’’ DGAC noted that PHMSA
had inadvertently left out Special
Provision 396 in column 7 for ‘‘UN3538,
Articles containing non-flammable, nontoxic gas, n.o.s.’’ PHMSA has revised
that editorial error in this final rule. For
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additional information, see § 172.102 of
the Section-by-Section Review.
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Special Provision 398
PHMSA is assigning a newly added
special provision, Special Provision
398, which pertains to the potential
classification of butylene and butylene
mixtures as UN1012. This special
provision clarifies that butylene
mixtures and certain butylene isomers
may be assigned to UN1012, while
specifically excluding isobutylene from
this UN classification. For additional
information, see § 172.102 of the
Section-by-Section Review.
Special Provisions A4 and A5
PHMSA is assigning Special Provision
A4 to the entry ‘‘UN2922, Corrosive
liquid, toxic, n.o.s.’’ and Special
Provision A5 to the entry ‘‘UN2923,
Corrosive solid, toxic, n.o.s.’’ Special
Provisions A4 and A5 address liquids
and solids in PG I that also pose an
inhalation toxicity hazard by limiting or
prohibiting their transportation on
aircraft. In principle, all liquids or
solids that have an inhalation toxicity
hazard, and assigned PG I, should be
subject to one of the two special
provisions, as appropriate. However,
UN2922 and UN2923 are assigned Class
8 as the primary hazard and Division 6.1
as a subsidiary hazard because of
classification guidelines that require
hazardous materials that meet the
criteria of Class 8, and have an
inhalation toxicity of dusts and mists
(LC50) in the range of PG I, but toxicity
through oral ingestion or dermal contact
only in the range of PG III or less, must
be assigned to Class 8 as the primary
hazard rather than Division 6.1. In
reviewing these provisions, the ICAO
Dangerous Goods Panel (DGP)
determined that additional restrictions
should be implemented for these
hazardous materials as the corrosive
classification assigned to UN2922 and
UN2923 does not negate the inhalation
toxicity hazard. Because of the
inhalation hazard posed by these
materials, the 2023–2024 ICAO
Technical Instructions included an
amendment to impose quantity limits
for transportation of these materials by
air. PHMSA agrees with this
determination and therefore is assigning
Special Provision A4 to UN2922, which
prohibits this material from transport on
passenger and cargo-only aircraft.
PHMSA also is assigning Special
Provision A5 to UN2923, which
prohibits this material on passenger
aircraft and limits the amount that may
be transported on cargo-only aircraft.
PHMSA expects that correcting this
conflict will improve safety by
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prohibiting corrosive materials that also
pose inhalation hazards on passenger
aircraft and limiting their transport on
cargo-only aircraft.
Special Provisions A224 and A225
PHMSA is adding two new air special
provisions, A224 and A225, and
assigning them to HMT entries
‘‘UN3548, Articles containing
miscellaneous dangerous goods, n.o.s.’’
and ‘‘UN3538, Articles containing nonflammable, non-toxic gas, n.o.s.,’’
respectively. These special provisions
allow for the transport on both
passenger aircraft and cargo-only
aircraft under certain conditions. For
additional information, see 172.102 of
the Section-by-Section Review. Also,
see § 172.102 of the Section-By-Section
Review below for a detailed discussion
of the special provision amendments
addressed in this final rule. DGAC and
MDTC provided comments in support of
this revision.
Column (8) Packaging
Section 172.101(i) explains the
purpose of column (8) in the HMT.
Columns (8A), (8B), and (8C) specify the
applicable sections for exceptions, nonbulk packaging requirements, and bulk
packaging requirements, respectively.
Columns (8A), (8B), and (8C) are
completed in a manner which indicates
that ‘‘§ 173.’’ precedes the designated
numerical entry. Column (8A) contains
exceptions from some of the
requirements of this subchapter. The
referenced exceptions are in addition to
those specified in subpart A of part 173
and elsewhere in subchapter C. The
word ‘‘None’’ in this column means no
packaging exceptions are authorized,
except as may be provided by special
provisions in column (7). For example,
the entry ‘‘151’’ in column (8A),
associated with the proper shipping
name ‘‘Nitrocellulose with water,’’
indicates that, for this material,
packaging exceptions are provided in
§ 173.151 of this subchapter.
PHMSA is removing references to
§ 173.151, which provides exceptions
for Class 4 hazardous materials, in
column (8A), and adding the word
‘‘None’’ for three solid desensitized
explosive entries: ‘‘UN2555,
Nitrocellulose with water with not less
than 25 percent water by mass;’’
‘‘UN2556, Nitrocellulose with alcohol
with not less than 25 percent alcohol by
mass, and with not more than 12.6
percent nitrogen, by dry mass;’’ and
‘‘UN2557, Nitrocellulose, with not more
than 12.6 percent nitrogen, by dry mass
mixture with or without plasticizer,
with or without pigment.’’ These
changes remove the applicability of the
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limited quantity exceptions for these
hazardous materials to correct an
inconsistency regarding solid
desensitized explosives. Consistent with
the UN Model Regulations, PHMSA has
not authorized limited quantity
packaging exceptions for 30 other solid
desensitized explosives.20 Solid
desensitized explosives are explosive
substances that are wetted with water or
alcohols, or are diluted with other
substances, to form a homogeneous
solid mixture to suppress their
explosive properties. Like PG I
materials, solid desensitized explosives
in PG II are specifically prohibited from
transport under the limited quantity
provisions in the UN Model
Regulations. However, this
inconsistency was identified with
respect to air transport by the ICAO
DGP, resulting in a similar amendment
in the 2023–2024 ICAO Technical
Instructions. In this final rule, PHMSA
is also making related editorial
amendments in § 173.27, general
requirements for transportation by
aircraft. (See additional discussion in
§ 173.27 of Section-by-Section Review.)
PHMSA expects that correcting this
oversight to require these nitrocellulose
mixtures be transported in accordance
with all requirements of the HMR,
rather than permitting the use of the
limited quantity exceptions in
§ 173.151, will not only add an
additional level of safety, but also
facilitate the transport of these materials
by streamlining packaging and hazard
communication requirements to be
consistent with requirements for similar
materials and with international
regulations.
Column (9) Quantity Limitations
Section 172.101(j) explains the
purpose of column (9) in the HMT.
Column (9) specifies quantity
limitations for packages transported by
air and rail. Column (9) is divided into
two columns: column (9A) provides
quantity limits for passenger aircraft/
rail, and column (9B) provides quantity
limits for cargo-only aircraft.
Consistent with changes adopted in
the 2023–2024 edition of the ICAO
Technical Instructions, PHMSA is
amending the quantity limitations for
UN 1891, Ethyl bromide, when
20 UN1310, UN1320, UN1321, UN1322, UN1336,
UN1337, UN1344, UN1347, UN1348, UN1349,
UN1354, UN1355, UN1356, UN1357, UN1517,
UN1571, UN2555, UN2556, UN2557, UN2852,
UN2907, UN3317, UN3319, UN3344, UN3364,
UN3365, UN3366, UN3367, UN3368, UN3369,
UN3370, UN3376, UN3380, and UN3474.UN1517,
UN1571, UN2555, UN2556, UN2557, UN2852,
UN2907, UN3317, UN3319, UN3344, UN3364,
UN3365, UN3366, UN3367, UN3368, UN3369,
UN3370, UN3376, UN3380, and UN3474.
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transported by passenger aircraft.
Previously, the maximum net quantity
per package for passenger aircraft was 5
L on the Dangerous Goods List of the
ICAO Technical Instructions; this same
quantity limit is currently in place for
passenger aircraft, as indicated in
column (9A) of the HMT. As a result of
the reclassification of UN1891 as a Class
3 flammable liquid, the permitted
quantity was reduced in the ICAO
Technical Instructions to 1L per
packaging. This change is in line with
the quantity limits for many other Class
3 materials. PHMSA is making a
corresponding change for passenger
aircraft limits in column (9A). With
regard to cargo-only aircraft, no changes
to the 60 L maximum net quantity were
made in the ICAO Technical
Instructions, as that limit is the same for
Class 3 and Division 6.1 materials.
PHMSA expects that this change will
provide an additional level of safety
commensurate to the newly recognized
flammability hazard posed by this
material.
PHMSA is modifying the packaging
limits aboard cargo-only aircraft for
three battery entries: ‘‘UN2794,
Batteries, wet, filled with acid, electric
storage;’’ ‘‘UN2795, Batteries, wet, filled
with alkali, electric storage;’’ and
‘‘UN3292, Batteries, containing
sodium.’’ Specifically, these changes
limit the quantity per packaging to 400
kg, as there is currently no limit for
these items. Typically, these articles
must be packed in UN specification
packagings, and 400 kg is the maximum
quantity permitted in such packagings.
These changes are consistent with
changes made in the 2023–2024 ICAO
Technical Instructions, which were
made as a correction to an inconsistency
between the ICAO Technical
Instructions and the UN Model
Regulations. Therefore, in column (9B)
of the HMT, the words ‘‘no limit’’ will
be replaced by 400 kg. PHMSA expects
that this change will streamline
packaging requirements by providing
packaging limits for similar items in
similar packagings, consistent with
analogous international regulations.
This streamlining will also increase
safety by increasing clarity on the
packaging limits for these similar items.
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Section 172.102 Special Provisions
Section 172.102 lists special
provisions applicable to the
transportation of specific hazardous
materials. Special provisions include
packaging requirements, prohibitions,
and exceptions applicable to particular
quantities or forms of hazardous
materials. PHMSA is making the
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following revisions to the special
provisions in this section:
Special Provision 78
Special Provision 78 currently states
that ‘‘UN1002, Air, compressed’’ may
not be used to describe compressed air
that contains more than 23.5% oxygen.
It also stipulates that compressed air
containing more than 23.5% oxygen
must be shipped using the description
‘‘UN3156, Compressed gas, oxidizing,
n.o.s.,’’ which has a Class 5 subsidiary
hazard classification. PHMSA is
amending Special Provision 78 to
provide additional clarity with regard to
the permitted use of the proper shipping
description UN1002. In an effort to
address specific mixtures of nitrogen
and oxygen that are commercially called
‘‘synthetic air,’’ the 22nd revised edition
of the UN Model Regulations includes a
new special provision that was intended
to clarify that ‘‘synthetic air’’ may be
transported under UN1002, provided
that it does not contain more than
23.5% oxygen. ‘‘Synthetic air’’ is
typically a mixture containing up to
23.5% oxygen with the balance being
nitrogen. This mixture is used in a
variety of applications, including
medical and non-medical, and may be
used when ambient air is not sufficient
due to the presence of contaminants.
This new special provision specifies
that mixtures of nitrogen and oxygen
containing not less than 19.5% and not
more than 23.5% oxygen by volume
may be transported under UN1002
when no other oxidizing gases are
present. It also states that a Division 5.1
subsidiary hazard label is not required
for any concentrations within this limit.
While this language is not drastically
different than the current language in
the HMR, PHMSA expects that
rewording Special Provision 78 to
include the 19.5% lower bound for
oxygen and the note regarding the use
of the Division 5.1 subsidiary hazard
label will improve safety by providing
clearer and more useful instructions for
shippers of compressed synthetic air.
Special Provision 156
PHMSA is amending Special
Provision 156 to require that, when
transported by air, a shipping paper,
such as an air waybill, accompanying
the shipment must indicate that the
package containing asbestos is not
restricted for shipment. Currently, this
special provision excepts asbestos from
the requirements of 49 CFR Subchapter
C when it is immersed or fixed in a
natural or artificial binder—such as
cement, plastics, asphalt, resins, or
mineral ore—in such a way that no
escape of hazardous quantities of
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25447
respirable asbestos fibers can occur. It
was noted that confusion over whether
a shipment was or was not excepted
from the regulations had led to delays
and frustrated shipments. The 2023–
2024 ICAO Technical Instructions
amended a similar special provision to
assist in providing evidence of
compliance with its requirements.
PHMSA’s revision to Special Provision
156 requires that, when transported by
air, packages or shipping documentation
be marked to indicate that the package
containing asbestos is not restricted for
shipment. PHMSA expects that this
requirement will facilitate the safe
shipment of asbestos by preventing
them from being mistaken as fully
regulated hazardous materials.
Special Provision 387
Special Provision 387 provides
shippers of polymerizing substances
with information regarding stabilization
requirements for their shipments. As
discussed below, in an earlier
rulemaking, PHMSA placed sunset
dates on the HMR provisions
concerning transport provisions for
polymerizing substances to allow time
for the completion of research on
various topics concerning their
transport, and to gather and review
empirical evidence concerning the
appropriate transport provisions for
polymerizing substances. In line with
other amendments in this final rule for
the transport of polymerizing
substances, PHMSA is amending
Special Provision 387 to remove the
sunset date of January 2, 2023. The
result of this amendment is that the
existing stabilization requirements
noted in this special provision remain
and the sunset date is removed. DGAC
and Dow Chemical provided comments
in support of this revision. See 173.21
of the Section-by-Section Review for the
full discussion of changes pertaining to
polymerizing substances.
Special Provision 396
PHMSA is adding a new special
provision, Special Provision 396, and
assigning it to ‘‘UN3538, Articles
containing non-flammable, non-toxic
gas, n.o.s,’’ to authorize the transport of
large and robust articles (e.g.,
transformers) that include cylinders
containing UN1066 ‘‘Nitrogen,’’ UN1956
‘‘Compressed gas N.O.S.,’’ or UN1002
‘‘Air, compressed’’ with the valves open
to allow low quantities of gas to be
constantly supplied through a pressure
regulator from a gas cylinder connected
to the transformer. Similar provisions
were added in the 22nd revised edition
of the UN Model Regulations and
Amendment 41–22 of the IMDG Code to
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address shipments of transformers,
which are typically pressurized with
nitrogen or air but are not gas tight.
Prior to 2020, transformers were
transported as ‘‘UN 3363, Dangerous
Goods in Machinery/Apparatus;’’
however, the packing provisions for
UN3363 imposed quantity limits
requiring multiple approvals from
competent authorities as specified in
Special Provision 136 in the HMR (SP
301 in the UN Model Regulations).
Following more recent amendments to
the UN Model Regulations, these
transformers were eligible for transport
under UN 3538. The provisions that
allow these transformers to be
transported unpackaged do not
explicitly require the transformer to be
gas-tight but instead require the valves
to be closed during transport. To obviate
the need for an approval each time such
transformers are transported, a new
special provision was added to the 22nd
revised edition of UN Model
Regulations because these transformers
only emit small quantities of nitrogen or
synthetic air, which are not flammable,
toxic, corrosive, or oxidizing. PHMSA is
making several safety controls in
shipments of this type that are largely
consistent with the provisions adopted
in the UN Model Regulations and the
IMDG Code. These controls include
requiring the following: cylinders must
be connected to the article through
pressure regulators and have fixed
piping to keep the pressure below 35
kPa (0.35) bar; cylinders must be
secured to prevent shifting; cylinders
and other components must be
protected from damage and impacts
during transport; the shipping paper
must include a reference to shipping
under this special provision; and if
placed inside a cargo transport unit
(CTU), the CTU must be well ventilated.
PHMSA notes that these international
regulations require marking the CTU
with the asphyxiation warning mark for
CTUs. The HMR has not adopted this
mark and is not doing so at this time.
PHMSA is not revising this mark
because it views the additional
controls—specifically, the indication on
the shipping paper, as well as other
operational controls noted in the special
provision—as providing sufficient
warning to those in the transport chain
of the dangers present and mitigation of
potential hazards. PHMSA expects that
the addition of this special provision
will facilitate the transport of this
specialized machinery without
imposing excessive manufacturing
requirements to ensure gas tightness to
prevent the release of relatively
innocuous gases during transport.
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Special Provision 398
PHMSA is adding Special Provision
398, pertaining to the classification of
hazardous materials under UN1012,
Butylene. This new special provision
clarifies that butylene mixtures and
certain butylene isomers may be
assigned to UN1012, while specifically
excluding UN1055, Isobutylene, from
this UN classification. Butylene, also
known as butene, includes four different
isomers, corresponding to one general
chemical formula, C4H8. One of these
isomers is isobutylene, which, while
similar to the other three isomers, has
been assigned a separate UN number,
UN1055, which has its own set of
packaging provisions. To avoid
‘‘UN1055, Isobutylene’’ being classified
and transported under UN1012, this
amendment facilitates the consistent
and proper classification of this group of
hazardous materials. This clarification
for UN1012, Butylene, was added in the
22nd revised edition of the UN Model
Regulations for consistency with
European regulations, which made
similar changes to avoid ‘‘UN1055,
Isobutylene’’ being classified and
transported under UN1012. PHMSA is
adding this clarifying special provision
with the expectation that it will
facilitate consistent and proper
classification of this group of hazardous
materials.
Special Provision 421
Special Provision 421 is currently
assigned to the four polymerizing
substance entries in the HMT.21
Currently, this special provision notes
that these entries will no longer be
effective on January 2, 2023, unless
extended or terminated prior to this
date. As discussed in ‘‘Section I.
Executive Summary’’ section of this
rulemaking, PHMSA had placed sunset
dates on the HMR provisions
concerning transport provisions for
polymerizing substances to allow time
for the completion of research on
various topics concerning their
transport, and to gather and review
empirical evidence concerning the
appropriate transport provisions for
polymerizing substances. As we have
completed this review, we are deleting
Special Provision 421 and maintaining
the existing polymerizing substance
HMT entries. DGAC provided comments
in support of this revision.
Special Provision A54
Special Provision A54 specifies that,
irrespective of the quantity limits in
column (9B) of the § 172.101 table, a
lithium battery, including a lithium
21 UN3531,
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battery packed with, or contained in,
equipment that otherwise meets the
applicable requirements of § 173.185,
may have a mass exceeding 35 kg, if
approved by the Associate
Administrator prior to shipment.
PHMSA is amending this special
provision to require that, when this
special provision is used, the special
provision number must be indicated on
the shipping paper. PHMSA expects
that this amendment will enhance safety
by improving the communication of
potential hazards, as without such
indication, the need for shipment
acceptance staff to check and ensure a
copy of the approval accompanying the
shipment can potentially be missed.
Special Provisions A224 and A225
The 2023–2024 ICAO Technical
Instructions added two new special
provisions permitting the transport of
articles containing hazardous materials
aboard passenger and cargo-only
aircraft. Currently these articles are
forbidden from transport on passenger
and cargo-only aircraft, as specified in
column (9) of the HMT. However, the
ICAO DGP developed these packaging
provisions, which include provisions
that ensure appropriate gas containment
during transport. The aim of these
special provisions was to facilitate the
transport of large articles containing
environmentally hazardous substances
(such as aircraft landing gear struts
filled with hydraulic fluid) and large
articles containing a non-flammable,
non-toxic gas (such as new types of
magnetic resonance imaging (MRI)
scanners, which often contain
compressed helium as well as lithium
cells or batteries). These amendments
were adopted in the 2022–2023 ICAO
Technical Instructions, and PHMSA is
mirroring these provisions by adding
two new air-specific special provisions,
A224 and A225, and assigning them to
HMT entries ‘‘UN3548, Articles
containing miscellaneous dangerous
goods, n.o.s.’’ and ‘‘UN 3538, Articles
containing non-flammable, non-toxic
gas, n.o.s.,’’ respectively.
These special provisions allow for the
transport of large articles containing a
non-flammable, non-toxic gas or
environmentally hazardous substances
on both passenger aircraft and cargo
aircraft only under certain conditions.
Specifically, under Special Provision
A224, ‘‘UN3548, Articles containing
miscellaneous dangerous goods, n.o.s.’’
are permitted on passenger and cargoonly aircraft, provided that the only
dangerous goods in the article are
environmentally hazardous substances,
except for lithium cells or batteries that
comply with § 173.185(c) (e.g., the
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article may contain an environmentally
hazardous substance and lithium cell or
battery that complies with § 173.185(c)).
Similarly, under Special Provision
A225, ‘‘UN3538, Articles containing
non-flammable, non-toxic gas, n.o.s.’’
are permitted aboard passenger and
cargo-only aircraft, provided that the
article contains only a Division 2.2 gas
that does not have a subsidiary hazard
excluding refrigerated liquefied gases
and other gases forbidden for transport
on passenger aircraft, except for lithium
cells or batteries that comply with
§ 173.185(c) (e.g., the article may
contain a non-refrigerated liquefied gas
or otherwise forbidden Division 2.2 gas
without a subsidiary hazard and a
lithium cell or battery that complies
with § 173.185(c)). In addition to
containing only the permitted
hazardous materials, the special
provision also requires that shippers
comply with additional packaging
requirements specified in § 173.232, and
that the special provision be indicated
on shipping documentation.
The ICAO DGP agreed that these
provisions were appropriate given that
environmentally hazardous substances
pose a very low hazard in air, and that
non-flammable, non-toxic gases without
subsidiary hazard are already allowed
on both passenger and cargo-only
aircraft as well as certain other articles
containing similar gases. PHMSA agrees
and expects that, in addition to aligning
the HMR with recent changes added to
the 2023–2024 ICAO Technical
Instructions, the addition of these
provisions will facilitate the transport of
these materials by air while maintaining
the current level of safety for air
transport of certain hazardous materials.
MDTC provided a comment in support
of these revisions.
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IP Codes
IP Codes are special provisions that
are assigned to specific commodities
and applicable when that commodity is
transported in IBCs. Table 2 in § 172.102
specifies the requirements
corresponding to the IP Code indicated
in column (7) of the HMT. In this final
rule, PHMSA is amending the text of
IP15 and adding a new IP Code, IP22.
IP15
PHMSA is amending the text of IP15
to clarify language pertaining to the
authorized period of use of composite
IBCs. Currently, IP15 states that for IBCs
containing UN2031 with more than 55%
nitric acid, rigid plastic IBCs and
composite IBCs that have a rigid plastic
inner receptacle are authorized for two
years from the date of IBC manufacture.
A change to a corresponding special
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provision was adopted in the 22nd
revised edition of the UN Model
Regulations to make clear that the
authorized two-year period of use
specifically refers to the duration of use
of the inner receptacle of composite
IBCs and not to the outer framework.
The intent of this requirement is to limit
the inner receptacle for composite IBCs
to the two-year period of use when used
for this specific corrosive material,
rather than requiring that the outer
framework be inspected as often. The
entire composite IBC remains subject to
the five-year inspection interval,
prescribed in § 180.352. This change in
the UN Model Regulations was in
response to mistranslations of the UN
Model Regulations, which led to
inconsistent maintenance of composite
IBCs. While PHMSA is not aware of any
issues surrounding the language in IP15,
PHMSA expects that making this
editorial change will ensure
international users are not confused by
the text of the HMR, and this
clarification will enhance safe transport
of hazardous materials in such IBCs.
IP22
As discussed earlier, PHMSA is
adding a new IP code, IP22, for the new
entry, ‘‘UN 3550, Cobalt dihydroxide
powder, containing not less than 10%
respirable particles.’’ This special
provision authorizes the transport of
Cobalt dihydroxide powder, a Division
6.1 solid, in flexible IBCs that are
equipped with siftproof liners that
prevent any egress of dust during
transport. This hazardous material was
recently classified as a solid with a
toxic-by-inhalation hazard. Prior to this
Division 6.1 classification, cobalt
dihydroxide had been transported as
‘‘UN3077, Environmentally hazardous
substance, solid, n.o.s., Class 9’’ in
unlined flexible IBCs. However, this
reclassification posed a problem for
shippers because flexible IBCs are not
authorized for Division 6.1 toxic solids.
In response to the recent EU GHS
changes, many shippers stopped using
unlined flexible IBCs and began using
lined 13H3 or 13H4 flexible IBCs to
prevent the release of dust.22
Additionally, the industry also
developed a new design type flexible
IBC with an improved liner to prevent
egress of dust. This new design type,
13H3 flexible IBC, has been tested and
approved to PG I by international
competent authorities. Consequently, to
address the packaging problem shippers
faced as a result of new classification
criteria, the UNSCOE created a special
22 https://unece.org/DAM/trans/doc/2019/
dgac10c3/UN-SCETDG-56-INF19e.pdf.
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provision that allows this material to be
transported in lined siftproof
packagings. This decision was based on
the 40-year record of safe transport in
this material in PG III packagings, as
well as the additional level of siftproofness provided by the new design
track record of the new siftproof
packagings. PHMSA agrees with the
UNSCOE’s determination that siftproof
flexible IBCs are appropriate packagings
for this material and expects that this
special provision will avoid
unnecessary disruptions in the transport
of this essential raw material while still
ensuring safe transport of this material.
The lack of a UN entry for this specific
combination of physical and hazardous
attributes—solid and toxic-byinhalation—led to the development of
this new UN entry by the UNSCOE.
More specifically, UN3550 was created
for cobalt dihydroxide to resolve the
packaging and transport problem faced
by shippers because of the new Division
6.1 classification. Consequently, based
on the record of safe transport by multimodal means in flexible IBCs, with no
recorded accidents, incidents, or health
issues as UN3077, the UNSCOE’s
resolution of this packaging conflict was
to develop a new UN number, assigning
appropriate packing provisions and
creating a special packaging condition
which permits the use of flexible IBCs.
C. Part 173
Section 173.4b
Section 173.4b specifies the hazard
criteria and packaging requirements to
qualify for the de minimis exception—
i.e., exceptions from certain HMR
requirements for very minor amounts of
hazardous material. For non-infectious
biological specimens that contain minor
amounts of preservatives that are a
hazardous material, PHMSA is adding a
reference to formaldehyde solution in
paragraphs (b)(1)(i) and (b)(1)(ii) to
clarify that the conditions for packing of
the specimens applies to formaldehyde
solution too. Currently, paragraph (b)
excepts non-infectious biological
specimens, such as those of mammals,
birds, amphibians, reptiles, fish, insects,
and other invertebrates, containing
small quantities of chemical
preservatives like ethanol or
formaldehyde solution from the HMR,
provided certain conditions are met. For
example, paragraph (b)(1) provides
instruction for when alcohol or an
alcohol solution is used, such as when
a specimen is placed in a plastic bag,
that any free liquid in the bag must not
exceed 30 mL. The ICAO Technical
Instructions include a similar
instruction, yet during a review of the
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ICAO Technical Instructions, the ICAO
DGP noted that the exception does not
address when formaldehyde solutions
are used as preservatives for specimens;
thus, there was no specified limit on the
amount of free liquid formaldehyde
solution that may be in a packaging.
Consequently, the 2023–2024 ICAO
Technical Instructions include an
amendment to the de minimis
provisions to specify limits for
formaldehyde solutions. PHMSA agrees
with this clarifying amendment and
expects that adopting a similar change
will enhance safety by removing
uncertainty about whether the quantity
limits also apply to formaldehyde
solutions. PHMSA received a comment
from the MDTC in support of this
revision.
Section 173.21
Section 173.21 describes situations in
which offering for transport or
transportation of certain materials or
packages is forbidden. Examples of such
forbidden shipments include materials
designated as ‘‘Forbidden’’ in Column
(3) of the HMT; electrical devices that
are likely to generate sparks and/or a
dangerous amount of heat; and materials
that are likely to decompose or
polymerize and generate dangerous
quantities of heat or gas during
decomposition or polymerization. This
last group of materials is addressed in
paragraph (f) of this section, which
outlines the conditions under which
materials that are likely to decompose or
polymerize unless stabilized or
inhibited in some manner (e.g., with
temperature controls or chemical
stabilization) are authorized for
transport.
PHMSA is lowering the temperature
threshold for certain materials
transported in portable tanks that
require temperature control.
Specifically, this amendment lowers
this threshold temperature for a material
that is likely to decompose with a selfaccelerated decomposition temperature
(SADT), or polymerize with a selfaccelerated polymerization temperature
(SAPT) from 50 °C (122 °F) to 45 °C
(113 °F) when transported in portable
tanks. This means that portable tanks
containing materials likely to
decompose or polymerize at
temperatures greater than 45 °C are not
required to be stabilized or inhibited by
temperature control. In an earlier
rulemaking, HM–215N, PHMSA gave
notice that at that time, it would not
adopt reductions in temperature
thresholds for shipments in portable
tanks, and maintained a 50 °C (122 °F)
threshold for requiring temperature
control to allow for additional time to
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conduct research on the impacts of such
a change and to allow additional time to
fully consider the issue. However,
PHMSA-sponsored research, which was
completed in February 2021 by APT
Research, Inc. (APT),23 has informed our
revisions in this final rule. That research
aimed to gather more information
concerning temperature control of
polymerizing substances in portable
tanks, and testing requirements for these
substances intended to be transported in
portable tanks or intermediate bulk
containers (IBCs), as these two areas of
safety controls in the HMR differed from
those adopted in the international
consensus standards and regulations.
The report following research
conducted by APT noted that ‘‘relaxing
the temperature control requirements as
proposed by HM–215N is assessed to be
an appropriate approach since it will
harmonize U.S. regulations with
international requirements and no
additional hazards were identified for
any common polymers during transport.
Polymers in industry with SAPTs
approaching 45 °C or 50 °C were found
to be uncommon.’’ PHMSA agrees with
this assessment and is lowering this
temperature threshold at which
temperature control is required for
portable tanks containing a material that
is likely to decompose with a SADT, or
polymerize with a SAPT from 50 °C
(122 °F) or less to 45 °C (113 °F) or less.
Although the APT research focused on
polymerizing materials, PHMSA
believes decomposing materials behave
similarly and has opted to apply the
change to both material types. PHMSA
believes this amendment will help
facilitate international transportation of
these goods while maintaining the high
standard of safety in the HMR for
transportation of decomposing and
polymerizing materials. To that end,
PHMSA also is amending the table in
paragraph (f)(1) to accommodate the
specific temperature controls applicable
to decomposing and polymerizing
substances transported in portable
tanks. This amendment aligns the HMR
with temperature thresholds for
substances with SADTs and SAPTs
transported in portable tanks with those
found in the UN Model Regulations and
the IMDG Code. Further, based on this
change specific to use of portable tanks,
PHMSA is revising the table in
paragraph (f)(1) to include packaging
type as a factor in determining the
criteria for control temperatures and
emergency temperatures. Lastly,
PHMSA is amending paragraph (f) to
provide a reference to the lower
23 Report can be accessed in Docket No. PHMSA–
2021–0092 on www.regulations.gov.
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threshold of 45 °C (113 °F) for portable
tanks and include a reference to
language concerning organic peroxides
that require temperature control.
Paragraph (f)(2) is revised to (f)(2)(i)–(iii)
to indicate general temperature control
requirements for organic peroxides by
type. These requirements are consistent
with the UN Model Regulations and
ensure that appropriate temperature
control provisions are applied to organic
peroxides not specifically listed in the
Organic Peroxide Table in § 173.225.
DGAC and Dow Chemical provided
comments in support of this revision.
Additionally, to fully adopt these
changes, PHMSA is removing the
phaseout language currently found in
(f)(1)(i), which states that the provisions
concerning polymerizing substances in
paragraph (f) will be effective until
January 2, 2023. Finally, based on
results of the research, PHMSA is
maintaining the current defining criteria
for polymerizing substances in
§ 173.124, that a polymerizing substance
must successfully pass the UN Test
Series E at the ‘‘None’’ or ‘‘Low’’ level,
or achieve equivalent criteria using an
alternative test method with the
approval of the Associate Administrator,
prior to selection of an appropriate
portable tank or IBC. Dow chemical and
DGAC provided comments in support of
this proposal.
Section 173.27
Section 173.27 outlines general
requirements for transportation by
aircraft, including requirements and
limitations for hazardous materials
transported in limited quantities.
Currently, the provisions for
combination packagings in paragraph
(f)(2) specify that materials or articles
not authorized as a limited quantity for
transportation by aircraft include all PG
I materials; self-reactive flammable
solids in Division 4.1; spontaneously
combustible materials in Division 4.2;
and liquids that are dangerous when
wet in Division 4.3. The ICAO
Technical Instructions included similar
language for Division 4.1 materials by
allowing non-self-reactive Division 4.1
materials assigned to PG II or PG III to
be transported as limited quantities.
However, the ICAO DGP identified a
conflict with limited quantity
provisions in the ICAO Technical
Instructions and the limited quantity
provisions in the UN Model Regulations
pertaining to four Division 4.1 material,
assigned PG II: ‘‘UN 2555,
Nitrocellulose with water with not less
than 25 percent water by mass;’’ ‘‘UN
2556, Nitrocellulose with alcohol with
not less than 25 percent alcohol by
mass, and with not more than 12.6
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percent nitrogen, by dry mass;’’ ‘‘UN
2557, Nitrocellulose, with not more than
12.6 percent nitrogen, by dry mass
mixture with or without plasticizer,
with or without pigment;’’ and ‘‘UN
2907, Isosorbide dinitrate mixture with
not less than 60 percent lactose,
mannose, starch or calcium hydrogen
phosphate.’’ Despite not being defined
as self-reactive, the UN Model
Regulations have never included these
specific Division 4.1 flammable solid
materials for transport as limited
quantities. The ICAO Technical
Instructions were amended for
consistency with the UN Model
Regulations to clearly indicate that the
transport of these four PG II materials in
Division 4.1 are not authorized for
transportation by aircraft as limited
quantities. PHMSA received a comment
from Dangerous Goods Advisor noting
that the inclusion of UN 2555, UN 2556,
UN 2557, and UN 2907 in
§ 173.27(f)(2)(i)(D) seems unnecessary
and could downplay the additional
inapplicability to the other 30
desensitized explosives listed in the
HMT. After reviewing the list of the
other desensitized explosives, PHMSA
determined that all 30 other
desensitized explosives entries are PG I
materials in the HMT. PG I materials are
already excluded from the limited
quantities section in § 173.27(f)(2)(i)(A).
While PHMSA understands that listing
the UN numbers in § 173.27(f)(2)(i)(D) is
somewhat redundant with removing the
reference to § 173.151 for the relevant
UN number in the HMT, PHMSA asserts
that listing the UN number in § 173.27
provides reinforcing information that
these PG II desensitized explosives are
not eligible to be shipped as limited
quantities. PHMSA is adding language
in § 173.27(f)(2)(i)(D) to explicitly
include the UN identification numbers
for these materials, indicating that these
materials may not be transported as
limited quantities by aircraft. PHMSA
expects this change will add an
additional level of safety by correcting
this packaging provision, which has
been inconsistent with those in place for
materials that pose similar hazards.
Section 173.124
Section 173.124 outlines defining
criteria for Divisions 4.1 (Flammable
solid), 4.2 (Spontaneously combustible),
and 4.3 (Dangerous when wet material).
In an earlier rulemaking, PHMSA placed
phaseout dates on the HMR provisions
concerning transport provisions for
polymerizing substances to allow time
for the completion of research on
various topics concerning their
transport, and to gather and review
empirical evidence concerning the
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appropriate transport provisions for
polymerizing substances. In line with
other amendments in this final rule for
the transport of polymerizing
substances, PHMSA is removing
paragraph (a)(4)(iv), which has the
phaseout date of January 2, 2023. The
result of this amendment will be to
remove the phaseout date and keep the
existing requirements—as outlined in
paragraph (a)(4)—effective beyond the
January 2, 2023, date.
Section 173.137
Section 173.137 prescribes the
requirements for assigning a packing
group to Class 8 (corrosive) materials.
PHMSA is authorizing the use of an
additional test method, Test No. 439,
‘‘In Vitro Skin Irritation: Reconstructed
Human Epidermis Test Method,’’ as
well as editorial changes to this section
to provide clarity regarding the use of
the authorized OECD Guidelines for the
Testing of Chemicals.
Currently, the HMR requires offerors
to classify Class 8 materials and assign
a packing group based on tests
performed in accordance with various
OECD Guidelines for the Testing of
Chemicals (TG), including a skin
corrosion test (in vivo) and various in
vitro testing guidelines that do not
involve animal testing. Data obtained
from the currently authorized test
guidelines is the only data acceptable
for classification and assignment of a
packing group. Specifically for PG I, II,
or III determinations, the HMR
authorizes the use of OECD Guidelines
for the Testing of Chemicals, Test No.
435, ‘‘In Vitro Membrane Barrier Test
Method for Skin Corrosion,’’ and Test
No. 404, ‘‘Acute Dermal Irritation/
Corrosion’’ (an in vivo test method). The
HMR also authorizes the use of OECD
Test No. 430, ‘‘In Vitro Skin Corrosion:
Transcutaneous Electrical Resistance
Test (TER),’’ and Test No. 431, ‘‘In Vitro
Skin Corrosion: Reconstructed Human
Epidermis (RHE) Test Method;’’
however, the scope of what these tests
can determine is limited. For that
reason, Test No. 430 is authorized for
use only to determine whether a
material is corrosive or not; materials
that are determined to be corrosive
using this test require additional testing
using Test Nos. 435 or 404 or
assignment to the most conservative
packing group, PG I. Similarly, Test No.
431 may also be used to determine
whether or not a material is corrosive;
however; while this can identify when
a corrosive must be assigned PG I, it
cannot differentiate between PG II and
III materials. Consistent with the UN
Model Regulations, when this method
does not clearly distinguish between PG
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II or PG III, the HMR allows the material
to be transported as PGII without further
in vivo testing. Consistent with changes
made to the 22nd revised edition of the
UN Model Regulations, PHMSA is
authorizing an additional TG, OECD
Test No. 439, ‘‘In Vitro Skin Irritation:
Reconstructed Human Epidermis Test
Method,’’ as an authorized test, which
may be used to exclude a material from
classification as a corrosive material.
Test No. 439 was adopted in the UN
Model Regulations because it provides
another means of testing, without the
use of live animals, that can easily
identify materials as non-corrosive.
However, while Test No. 439 may be
used for the hazard identification of
irritant chemicals, it is limited in that it
simply allows materials to be identified
as either corrosive or non-corrosive to
skin. Because this test method only
identifies the material as corrosive or
not, the UN Model Regulations added
an additional provision requiring that
materials, which are tested using Test
No. 439 and indicate corrosivity, must
be assigned to the most conservative PG
(i.e., PG I), unless additional tests are
performed to provide more specific data
that can be used to assign a less
conservative PG. The addition of Test
No. 439 as an authorized test method
will provide greater flexibility for
shippers to classify, package, and
transport corrosive material, while
maintaining the HMR safety standard
for transport of corrosive materials.
With regard to the editorial changes in
this section, PHMSA is amending the
text of this section to provide clarity
regarding the authorized OECD Testing
of Chemicals. Additionally, PHMSA is
amending the last paragraph of the
introductory text, which currently states
that assignment to packing groups I
through III must be made based on data
obtained from tests conducted in
accordance with OECD Guideline
Number 404 or Number 435 in order to
remove the reference to Test No. 435.
Since its update in 2015, the criteria for
packing group assignments in Test No.
435 are no longer the same as the
criteria for Test Guideline 404. PHMSA
expects that these amendments will
enhance safety by providing clarity
regarding the proper testing and
assignment of packing groups, and
promote efficiency by streamlining the
assignment of packing groups.
Section 173.151
Section 173.151 contains exceptions
for Class 4 hazardous materials. In the
NPRM, PHMSA proposed to add ‘‘151’’
to column 8a of the HMT for ‘‘UN 3148,
Water-reactive liquid, n.o.s.’’ However,
§ 173.151(d) currently only refers to
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Division 4.3 ‘‘solid’’ dangerous when
wet materials, which is contradictory to
the liquid state of UN 3148. In this final
rule, PHMSA is making an editorial
revision to § 173.151(d), which
currently contains only the words
‘‘solids’’ to describe Division 4.3 (selfreactive) materials. PHMSA is revising
this paragraph to include ‘‘solids’’ and
‘‘liquids’’ to accurately reflect that
Division 4.3 materials could be either in
a solid or liquid state.
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Section 173.167
Section 173.167 contains the
packaging instructions and exceptions
for ‘‘ID8000, Consumer commodities.’’
The ID8000 entry was added to the
HMR in final rule HM–215K,24 with the
intent of aligning the HMR with the
ICAO Technical Instructions for the air
transportation of limited quantities of a
consumer commodity material. Based
on inquiries from shippers and carriers,
PHMSA understands that confusion
exists regarding the requirements for
hazard communication and the ability
to withstand pressure differential for
packages of a ‘‘ID8000, Consumer
commodity’’ material when moved by
modes other than air. In 2012 and 2017,
PHMSA issued letters of interpretation
regarding the applicability and hazard
communication requirements for ID8000
shipments.25 Both of these letters of
interpretation recognized that ID8000
shipments are inherently ‘‘limited
quantity’’ and provided the opinion that
for transportation by highway, rail, and
vessel, ID8000 packages could be
marked with the standard marking
found in § 172.315(a)(1) (i.e., limited
quantity mark without the ‘‘Y’’). In
2022, PHMSA received a petition for
rulemaking, designated P–1762,26 from
the Council on the Safe Transportation
of Hazardous Articles (COSTHA)
relating to ID8000. In its petition,
COSTHA requested that PHMSA revise
§ 173.167 to make it clear that packages
prepared under this section may be
offered for transportation and
transported by all modes.
In consideration of P–1762 and
consistent with these letters of
interpretation regarding the
requirements for ID8000 shipments,
PHMSA is revising the requirements in
§ 173.167 for ‘‘ID8000, Consumer
commodity’’ materials. The intent of
this revision is to clearly address
requirements for all modes of
transportation, while continuing to
24 76
FR 3307 (Jan. 19, 2011).
No. 11–0090 (May 3. 2012); Ref. No. 16–
0075 (Jan. 9, 2016).
26 https://www.regulations.gov/document/
PHMSA-2022-0007-0001.
25 Ref.
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recognize that the history and intent of
the ‘‘ID8000, Consumer commodity’’
entry is closely tied to the ICAO
Technical Instructions and air
transportation.
First, PHMSA is making editorial
revisions to the title of the section and
introductory language in paragraph (a).
PHMSA is renaming the section
‘‘ID8000 Consumer commodity’’ to
distinguish this section from the
historical ‘‘ORM–D, Consumer
commodity’’ HMT entry and an
exception that ceased to be effective on
December 31, 2020. PHMSA purposely
phased out the ‘‘ORM–D, Consumer
commodity’’ classification and
description to remove the dual system
of shipping certain limited quantities
domestically and internationally, as it
was a source of confusion.
PHMSA acknowledges that there may
be circumstances where persons need to
transport ID8000 packages between
locations—e.g., to a warehouse for
consolidation, etc.—without needing or
using air transportation. Therefore,
PHMSA recognizes the need to not only
accommodate that portion of transport
but also provide assurances that any
ID8000 package is appropriately
prepared for air transportation,
regardless of whether air transportation
is actually used. PHMSA is clarifying
that ID8000 material is inherently a
limited quantity by adding the phrase
‘‘limited quantity’’ to the § 173.167(a)
introductory text. Finally, PHMSA is
removing the phrase ‘‘when offered for
transportation by aircraft’’ from the
introductory language in paragraph (a)
and restructuring the existing first
sentence of the section into two separate
statements. This revision is intended to
clarify that the materials and quantities
listed in this section may be transported
by all modes, and to clarify that only the
materials listed in paragraph (a) are
eligible to be transported as ‘‘ID8000,
Consumer commodity.’’
More significantly, PHMSA is revising
the structure of the section by moving
the two requirements in the currently
effective language of paragraph (b)—
applicable only to air transportation—to
new subparagraphs (6) and (7) of
paragraph (a). This will require all
ID8000 packages to be subject to the
limited quantity marking requirements
of § 172.315(b) (i.e., require use of the
‘‘Y’’ limited quantity marking) and other
markings required by part 172 subpart
D, including marking of the ID number
and PSN. This revision will also require
compliance with the § 173.27(c)
pressure differential requirement for
transportation by all modes. The intent
of this revision is two-fold:
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1. Provide clarity to shippers on the
hazard communication and pressure
differential requirements for all
shipments of ‘‘ID8000, Consumer
commodity’’ packages.
2. Ensure that ‘‘ID8000, Consumer
commodity’’ packages—wherever they
are in the transportation stream—meet
the requirements for air transportation.
However, while required in paragraph
(a), PHMSA is adding a new paragraph
(b) to provide exceptions to ID8000
packages for shipping papers and labels
when transported by highway and rail.
These exceptions were previously in the
introductory language to paragraph (a).
PHMSA is also providing a new labeling
exception for ID8000 packages
transported by vessel, which aligns with
the labeling exception provided to
limited quantity packages transported
by vessel. PHMSA reminds shippers
that packages shipped under this
section are still subject to the marking
requirement (i.e., require the limited
quantity marking). PHMSA received
comments from COSTHA and the
MDTC in support of this revision.
In addition to the revisions to
§ 173.167 requested in P–1762
discussed above, COSTHA submitted
petition P–1761 27 with additional
requests. Specifically, in P–1761,
COSTHA requested that PHMSA add a
reference to § 173.167 in the sections
that outline limited quantity exceptions
for Class 3, PG II and III (§ 173.150),
UN3175 (§ 173.151), Division 6.1 PG III
(§ 173.153), UN3077, UN3082, UN3334
and UN3335 (§ 173.155), and Class 2
non-toxic aerosols (§ 173.306). PHMSA
did not propose these revisions in the
NPRM. PHMSA received comments
from COSTHA reiterating their petition
that PHMSA modify the limited
quantity sections listed above to
reference § 173.167. PHMSA asserts that
ID8000 is a specialized exception,
designed only for a small subset of
materials, and the materials are subject
to stringent packaging requirements.
PHMSA reiterates that adding a
reference to § 173.167 to the limited
quantity exception sections listed above
will create confusion for shippers by
referencing an exception that most may
not be able to adequately meet. All the
materials and quantities authorized in
§ 173.167 may be transported as limited
quantities by all modes. For the vast
majority of hazardous material shippers
who offer these materials in these small
quantities, utilizing the limited quantity
exception specific to the commodity
(e.g., not utilizing § 173.167) is the most
appropriate and simplest option.
27 https://www.regulations.gov/document/
PHMSA-2022-0006-0001.
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PHMSA reiterates that if shippers,
carriers, or other entities involved in the
transportation of hazardous materials
are uncertain what marking
requirements apply to a limited quantity
shipment, it could mean that their
training programs are inadequate and
may need to be reviewed.
Section 173.185
Section 173.185 prescribes
requirements for the transportation of
lithium cells and batteries. PHMSA is
making numerous changes to this
section as follows.
Paragraph (a) classification revisions:
Paragraph (a) provides general
classification provisions, which include
requirements for manufacturers and
subsequent distributers of lithium cells
and batteries to provide others in the
supply chain a test summary of the
battery, which contains information
regarding the cells and batteries.
PHMSA received a comment from PRBA
and MDTC noting that a small, but
important amendment to the UN38.3
Test Summary is included in the UN
Manual of Tests and Criteria, Seventh
Revised Edition, Amendment 1, which
was adopted in December 2020. PRBA
notes that this amendment was based on
a proposal filed with the UN SubCommittee of Experts on the Transport
of Dangerous Goods by PRBA and their
counterpart in Europe. The amendment
removes the signature requirement in
the test summary document, which is
currently found in § 173.185(a)(3)(x).
This provision currently states:
‘‘Signature with name and title of
signatory as an indication of the validity
of information provided.’’
PRBA notes that PHMSA proposed to
incorporate by reference in § 171.7 the
UN Manual of Tests and Criteria,
Seventh Revised Edition, Amendment 1,
but did not include this proposed
change to the Test Summary document
in § 173.185 of the HMR. In its
comments, PRBA and MDTC requested
that PHMSA amend § 173.185(a)(3)(x) to
make it clear that a signature is not
required on the test summary document.
PHMSA concurs with the MDTC and
PRBA comments that the revision was
inadvertently left out of the NPRM, and
as such PHMSA is revising
§ 173.185(a)(3)(x) to require the test
summary indicate the name and title of
a responsible person. A signature would
no longer be required.
Additionally, PHMSA is amending
paragraph (a)(3) to except button cell
batteries installed in equipment
(including circuit boards) from these
test summary requirements. This
amendment will give shippers of
traditionally less regulated products,
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such as wrist watches and key fobs, an
exception from the need to maintain a
test summary document.
PHMSA received a comment from
ALPA opposing the amendment to
except button cells installed in
equipment from the test summary
document requirement. ALPA stated in
its comments that experimental data
was presented at the ICAO DGP working
group showing that button cells
installed in electronic devices initiated
fires when short circuiting. PHMSA
appreciates ALPA’s perspective on this
issue; however, button cell batteries
have inherent limitations on their
energy capacity and content. This selflimiting design helps mitigate potential
risks if the batteries are misused or
damaged. PHMSA asserts that the HMR
appropriately addresses the hazards
associated with these types of batteries.
PHMSA also notes that this revision in
no way relieves button cells from the
design testing requirements; it merely
excepts the button cells from the
requirement to create and distribute a
test summary document. Additionally,
COSTHA, DGAC, MDTC, and PRBA all
provided comments in support of this
proposal as written. Therefore, PHMSA
finds that this amendment maintains the
safety standard for the transportation of
lithium batteries consistent with the
exceptions for smaller cells or batteries
found in §§ 173.185(c)(2) and (c)(3) as
currently button cell batteries are
excepted from the packing requirement
to use a strong, rigid outer package,
provided the battery is sufficiently
protected by the equipment in which it
is contained, and the lithium battery
marking requirements, respectively.
Further, PHMSA is making an editorial
amendment by deleting the onset date
in paragraph (a)(3) as January 1, 2022,
has passed, and the paragraph now
applies generally.
Additionally, PHMSA is adding a new
paragraph (a)(5) to require marking the
outer casing of lithium ion batteries
with the Watt-hour (Wh) rating. This is
consistent with the provisions for
smaller lithium ion batteries in
§ 173.185(c)(1)(i), which require that
‘‘each lithium ion battery subject to this
provision must be marked with the
Watt-hour rating on the outside case.’’
PHMSA added this provision to the
HMR in HM–224F.28 While the
requirement was added to the HMR for
smaller lithium ion batteries (as a
condition for use of an exception), no
similar provision was added for other
lithium ion batteries (i.e., those not
offered in accordance with, or eligible
for, the paragraph (c) exceptions).
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However, upon review, PHMSA noted
that the international regulations
generally require the marking of the Wh
rating on the outside of the casing.
Specifically, this is required in
accordance with Special Provision 348
of the UN Model Regulations; Special
Provision 188 of the IMDG Code;
Section IA.2 of Packing Instruction 965
(for UN3480); and Section I.2 of Packing
Instruction 966 (for UN3481) and 967
(for UN3481) of the ICAO Technical
Instructions. PHMSA expects that this
amendment will improve safety, as the
marking of the Wh rating on the outer
casing of a lithium ion battery assists a
shipper in better understanding the
energy capacity of the battery, and thus,
ensures compliance with hazard
communication and packing provisions
associated with Wh limitations.
MDTC and PRBA provided comments
noting that the UN Model Regulations,
ICAO Technical Instructions, and IMDG
Code are clear that the Wh rating is only
required on lithium-ion batteries and
not lithium-ion cells, which PHMSA
originally proposed. MDTC and PRBA
conclude that it would be impractical to
require the Wh marking on very small
cells like those used in medical devices
and small consumer devices (e.g., smart
glasses and ear buds). PRBA and MDTC
request confirmation from PHMSA that
it was not the Agency’s intent to require
the marking on lithium ion cells.
PHMSA concurs with the commenters
and is not adding lithium ion cells to
the requirement in paragraph (a)(5).
PHMSA is clarifying in the final rule
that the requirement to mark the Wh
rating only applies to lithium ion
batteries and not lithium ion cells.
PHMSA also received a comment from
COSTHA in support of this revision.
Paragraph (b) packaging revisions:
Section 173.185(b)(3) contains
packaging provisions for lithium cells or
batteries packed with equipment.
Paragraph (b)(3)(iii) provides two
authorized packaging configurations for
lithium cells and batteries packed with
equipment. Specifically, it permits
lithium cells and batteries, when packed
with equipment, to be placed in: (1)
inner packagings that completely
enclose the cell or battery, then placed
in an outer packaging; or (2) inner
packagings that completely enclose the
cell or battery, then placed with
equipment in a package that meets the
PG II performance requirements as
specified in paragraph
§ 173.185(b)(3)(ii). The intent of the first
option provided in paragraph
(b)(3)(iii)(A) is to permit packing only
the cells or batteries in a UN
specification packaging, and then place
this packaging with the equipment, for
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which the batteries are intended, in a
non-UN specification outer packaging.
The intent for the second option
provided in paragraph (b)(3)(iii)(B) is to
pack both the cells or batteries and the
equipment in a UN specification outer
packaging. In a working paper
submitted at the ICAO 2020 Working
Group Meeting, it was noted that the
actual text for the two options was not
clear. Specifically, paragraph
(b)(3)(iii)(A) does not clearly state that
the specification packaging containing
the cells or batteries is then packed with
the equipment into a non-specification
outer packaging. Consistent with the
clarifying revision in the ICAO
Technical Instructions, and to align
more closely with the text in packing
instruction P903 of the UN Model
Regulations, PHMSA is revising
paragraph (b)(3)(iii)(A) by clearly
indicating that the cells or batteries
must be placed in a specification
package of a type that meets PG II
performance requirements and then
placed together with the equipment in
a strong, rigid outer non-specification
packaging. For additional clarity,
PHMSA also is revising paragraph
(b)(3)(iii)(B) by replacing the text
‘‘package’’ with the phrase ‘‘packaging
of a type’’ when referring to the
specification package meeting the PG II
performance requirements. PHMSA
received a comment from COSTHA in
support of this revision.
PHMSA is adding a new paragraph
(b)(3)(iii)(C) to include a limitation for
the number of cells or batteries in the
package, when transported by air. This
is consistent with the provisions for
smaller cells or batteries found in
§ 173.185(c)(4)(i)—as revised in this
final rule—which currently requires that
for smaller cells or batteries contained
in or packed with equipment and
shipped by aircraft, the number allowed
in each package is limited to the number
required to power the piece of
equipment, plus two spare sets. The
original provision limiting the number
in each packaging was added in HM–
224F but did not apply to fully
regulated shipments.
However, PHMSA notes that the
limitation on the number of cells or
batteries allowed in a package should
have also applied to fully regulated
shipments of lithium batteries packed
with equipment, consistent with Section
I.2 of Packing Instruction 966 (for
UN3481) and Packing Instruction 969
(for UN3091) of the ICAO Technical
Instructions. PHMSA did not intend to
limit the scope of this requirement to
just smaller cells or batteries, as a
condition for the exception from full
regulation under paragraph (c), as this
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packaging requirement is intended to
limit the hazard of lithium battery
shipments in air transportation.
Limiting the number of cells and
batteries allowed to be packaged with
equipment reduces hazard risks and
increases safety.
Section 173.185(b)(4) contains
packaging provisions for lithium cells or
batteries contained in equipment.
Consistent with the ICAO Technical
Instructions, PHMSA is adding a new
paragraph (b)(4)(iv) clarifying that for
transportation by aircraft, when
multiple pieces of equipment are
packed in the same outer packaging,
each piece of equipment must be packed
to prevent contact with other
equipment. This change is necessary
because existing provisions in
paragraph (b) could be interpreted to
only apply to an outer packaging
containing a single piece of equipment;
however, an outer packaging may
contain multiple pieces of equipment.
This provision will more clearly
communicate that for multiple pieces of
equipment containing lithium cells or
batteries in the same outer packaging,
the equipment must be packed to
prevent damage due to contact between
the pieces of equipment. PHMSA
received comments from ALPA, PRBA,
COSTHA, and MDBTC in support of
this revision.
Paragraph (c) exceptions for smaller
cells or batteries revisions: Section
173.185(c) provides exceptions for
smaller cells or batteries. Paragraph
(c)(3) specifies requirements for the
lithium battery mark. In the NPRM,
PHMSA proposed to remove the
telephone number requirement from the
lithium battery mark with a phaseout
date of December 31, 2026.
The intended use of the telephone
number and its effectiveness was
discussed by the UNSCOE. Examples
pointing to its ineffectiveness include
differences in time zones and languages
between the origin and destination of a
shipment or intermediate transport
point, and a lack of clarity on the
expected capability of the person
responding to a telephone call. The
requirement to include a ‘‘telephone
number for additional information’’ was
originally introduced in the 15th revised
edition of the UN Model Regulations. It
was envisioned that the telephone
number would be for the consignor or
other responsible individual who could
provide further information (e.g.,
appropriate corrective actions should
something be wrong with the package)
beyond the minimal information
required to be indicated on the package.
At that time, there was minimal hazard
communication and less awareness than
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is currently provided for in the UN
Model Regulations. The consignor
information can now be readily
obtained through other means, such as
a bill of lading, shipping labels, or other
paperwork, thereby rendering the
telephone number requirement as a
piece of information on the lithium
battery mark effectively redundant. The
resulting consensus based on both the
discussion and experience with
transport of small lithium batteries was
that the telephone number adds little
value, and removing the telephone
number requirement from the mark
would not reduce the effectiveness of
the mark and therefore, not impact
safety of transportation. PHMSA
received an anonymous comment
stating that the transition period
authorizing continued use of the current
lithium battery mark should extend
beyond December 31, 2026. The
commenter stated this transition period
was decided on the premise that the
international harmonization final rule
would be published before January 1,
2023. As such, the anonymous
commenter suggested that the phaseout
date for the lithium battery mark in
§ 173.185(c)(3) should be extended
based on the publication date of the
final rule. PHMSA disagrees with the
commenter that an extension is needed
for the phaseout of the revised lithium
battery mark in § 173.185(c)(3). The
phaseout date of December 31, 2026, for
the old lithium battery mark should still
provide adequate time for entities to
comply with the revised marking and
does not justify PHMSA not being
harmonized with the international
regulations on this subject.
Additionally, PHMSA received a
comment from COSTHA in support of
keeping the transition time the same as
the international regulatory texts to
facilitate global harmonization for this
transition. Therefore, PHMSA is
revising the lithium battery mark by
removing the double asterisk from the
example figure and the corresponding
requirement in paragraph (c)(3)(i)(C) to
replace the double asterisk with the
telephone number. PHMSA is setting a
transition period authorizing the use of
the current lithium battery mark until
December 31, 2026. ALPA, PRBA, and
COSTHA provided comments in
support of this revision.
Paragraph (c)(4) contains provisions
for exceptions for smaller lithium cells
and batteries offered by air
transportation. PHMSA is removing the
exceptions applicable to small lithium
cells and batteries when they are not
packed with or contained in equipment.
This change was also implemented on
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January 1, 2022, by the International Air
Transport Association (IATA), and
authorization for the exceptions for
smaller lithium cells and batteries were
removed from Packing Instructions 965
and 968 in the 2023–2024 Edition of the
ICAO Technical Instructions. The
exceptions in § 173.185(c)(4) were
originally developed to facilitate the
global transport of small lithium cells
and batteries. However, these
exceptions removed many of the
regulatory safeguards that provide for
the safe transport of lithium batteries,
including requirements for air operators
to perform an acceptance check;
information to be provided to the pilotin-command; and package hazard
communication. Furthermore, the
exceptions for small lithium cells and
batteries limit the ability of air operators
to conduct the necessary safety risk
assessments. The reduced hazard
communication also increased the risk
of small lithium cells and battery
packages restricted for transport on
cargo-only aircraft from being
inadvertently loaded on a passenger
aircraft. The removal of these exceptions
increases the visibility of these
shipments to operators who must
perform an acceptance check to ensure
proper packaging and hazard
communication and ensure the
information regarding the number and
location of packages containing lithium
batteries will be provided to the pilotin-command. The changes do not apply
to the exceptions for small lithium cells
and batteries packed with or contained
in equipment. Specifically, PHMSA is
removing the following provisions:
• Paragraph (c)(4)(i) including Table
1, which specifies the number and net
quantity of lithium batteries.
• Paragraph (c)(4)(ii), which specifies
the limitation of one package per
overpack.
• Paragraph (c)(4)(iii), which specifies
the limitation of one package per
consignment.
• Paragraph (c)(4)(v), which specifies
that offering packages and overpacks to
an operator must be done separately
from cargo not subject to the HMR.
• Paragraph (c)(4)(viii), which limits
packing cells and batteries with certain
types of hazardous materials in the same
package or overpack.
As a consequence, the remaining
provisions in paragraph (c)(4) applicable
to lithium cells or batteries packed with,
or contained in, equipment will be
reorganized and renumbered. The
paragraph (c)(4) introductory text is
revised to read, ‘‘Air transportation for
smaller lithium cell or batteries packed
with, or contained in, equipment.’’
Further, consistent with the ICAO
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Technical Instructions, paragraph
(c)(4)(ii), is revised to require that when
placed into an overpack, packages must
be secured within the overpack, and the
intended function of each package must
not be impaired by the overpack. The
general provisions for overpacks in Part
5, 1.1 of the ICAO Technical
Instructions require that packages must
be secured within the overpack, and
that the intended function of the
package must not be impaired by the
overpack. However, with the current
construction of the provisions for small
cells or batteries in Packing Instructions
966, 967, 969, and 970, the general Part
5 overpack provisions do not apply,
which could lead to packages being
unsecured or even damaged by being
unrestrained within an overpack. These
overpack provisions from Part 5 were
added to the respective packing
instructions to ensure protection against
damage of the packages and their
contents; therefore, PHMSA is
harmonizing this change in
§ 173.185(c)(4)(ii).
These amendments (i.e., hazard
communication clarifications and
revisions to lithium battery
requirements for consistency) maintain
the level of safety currently present in
the HMR’s high safety standard. Safety
benefits will also be derived from
improved compliance related to
consistency amongst domestic and
international regulations. PHMSA
received a comment from MDTC in
support of this revision.
Section 173.185(c)(5), which
corresponds to Packaging Instructions
965 and 968 in Section IB of the ICAO
Technical Instructions, provides an
exception from specification packing
requirements for smaller lithium cells
and batteries, not exceeding the size
prescribed in paragraph (c)(1) and
subject to certain quantity limits.
PHMSA is revising the paragraph (c)(5)
introductory text to, ‘‘Air transportation
for smaller lithium cell and batteries.’’
Combined with the revision to the (c)(4)
introductory text, this will assist users
of this section to understand that the
requirements in this section apply to
smaller lithium cells and batteries
transported by air. PHMSA is also
removing the references to paragraph
(c)(4) limitations based on their
removal, as described above.
Additionally, PHMSA is moving the
regulatory requirements of paragraph
(c)(5) to a new paragraph (c)(5)(i), based
on the addition of new paragraph
(c)(5)(ii). As mentioned, PHMSA is
adding a new paragraph (c)(5)(ii) to
require packages to be capable of
withstanding a three-meter stack test for
a duration of 24 hours. Because lithium
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cells and batteries offered in accordance
with paragraph (c)(5) are excepted from
the specification package requirements,
they are not presently subject to a stack
test. However, the general requirements
for limited quantity packages by air in
§ 173.27(f)(2)(vi), which are also
excepted from specification packaging
requirements, requires that each
package be capable of withstanding a
three-meter stack test for a duration of
24 hours. In considering the packaging
standards between limited quantity
packages and those for smaller lithium
cells and batteries, it was agreed by the
DGP that packages must be capable of
withstanding a stack test, in parallel
with the requirement for limited
quantity packages. PHMSA agrees with
introducing a stack test as a preventative
safety measure against potential damage
to lithium battery packages from
stacking of packages and is including a
stack test requirement in new paragraph
(c)(5)(ii). PHMSA received comments in
response to the NPRM from PRBA,
COSTHA, and DGAC in support of this
revision.
Lastly, consistent with corresponding
revisions to international standards,
PHMSA is making editorial revisions in
paragraphs (e)(6) and (e)(7), where
references to ‘‘battery assemblies’’ are
removed and replaced with the phrase
‘‘cells and batteries,’’ as used
throughout the section. Paragraph (a)(1)
requires each lithium cell or battery to
be of the type proven to meet the criteria
in part III, sub-section 38.3, of the UN
Manual of Tests and Criteria. The
38.3.2.3 definition for ‘‘battery’’ states
that:
‘‘. . . Units that are commonly referred to as
‘‘battery packs,’’ ‘‘modules’’ or ‘‘battery
assemblies’’ having the primary function of
providing a source of power to another piece
of equipment are, for the purposes of the
Model Regulations and this Manual, treated
as batteries.’’
Use of ‘‘battery assemblies’’ may be a
source of confusion, as the reader may
understand it to have a separate
meaning from ‘‘battery,’’ yet it is not
specifically defined in the HMR.
Further, based on the above
requirements to comply with the UN
Manual of Tests and Criteria and its
associated meaning of ‘‘battery
assemblies,’’ PHMSA considers that the
use of the term ‘‘battery assemblies’’ is
redundant with the term ‘‘battery’’ in
the context of these transport
requirements, and is revising the text to
reduce confusion of the provisions in
these paragraphs regarding applicability
to the assembly or to the cells and
batteries contained within an assembly.
PHMSA expects that the changes to
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§ 173.185 will provide clarity, thus
enhancing the safety standard in the
HMR for transportation of lithium
batteries. PHMSA received comments in
response to the NPRM from MDTC and
COSTHA in support of this revision.
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Section 173.224
Section 173.224 establishes
packaging, and control and emergency
temperatures for self-reactive materials.
The Self-Reactive Materials Table in
paragraph (b) of this section specifies
requirements for self-reactive materials
authorized for transportation that do not
require prior approval for transportation
by the Associate Administrator for
Hazardous Materials Safety. As a result
of new self-reactive materials
formulations becoming commercially
available, the 22nd revised edition of
the UN Model Regulations includes
updates to the list of specified selfreactive materials authorized for
transportation without prior approval.
To maintain consistency with the UN
Model Regulations, PHMSA is updating
the Self-Reactive Materials Table by
adding a new entry for ‘‘(7-Methoxy-5methyl-benzothiophen-2-yl) boronic
acid.’’ PHMSA also is correcting the
name of one of the listed self-reactive
substances on the self-reactive
substances table. Currently, ‘‘2-(N,NMethylaminoethylcarbonyl)-4-(3,4dimethyl-phenylsulphonyl)benzene
diazonium zinc chloride’’ is listed;
however, this formulation name should
be ‘‘2-(N,N-Methylaminoethylcarbonyl)4-(3,4dimethylphenylsulphonyl)
benzenediazonium hydrogen sulphate.’’
While reviewing the self-reactive table
in the UN Model Regulations and ICAO
Technical Instructions, PHMSA
discovered that ‘‘2-(N,NMethylaminoethylcarbonyl)-4-(3,4dimethyl-phenylsulphonyl)benzene
diazonium zinc chloride’’ does not
appear in any other international
regulations but that ‘‘2-(N,NMethylaminoethylcarbonyl)-4-(3,4dimethylphenylsulphonyl)
benzenediazonium hydrogen sulphate’’
does and includes identical packaging
provisions. PHMSA does not believe
there is any formulation called ‘‘2-(N,NMethylaminoethylcarbonyl)-4-(3,4dimethyl-phenylsulphonyl)benzene
diazonium zinc chloride’’ that exists,
and that this entry as it appears is the
result of an editorial error in which two
individual formulation names were
inadvertently combined. Therefore,
PHMSA is correcting the name
associated with this formulation by
removing the suffix ‘‘benzene
diazonium zinc chloride’’ and replacing
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it with ‘‘benzenediazonium hydrogen
sulphate.’’
In addition, PHMSA is assigning a
new ‘‘Note 6’’ to this entry among the
list of notes following the table. ‘‘Note
6’’ will provide concentration limits of
water and organic impurities for this
new self-reactive material. PHMSA
expects that adding provisions for the
transport of (7-Methoxy-5-methylbenzothiophen-2-yl) boronic acid
formulations will facilitate its transport
while maintaining the HMR’s safe
standard for transportation of selfreactive hazardous materials.
PHMSA is also revising
§ 173.224(b)(4). In a previous final rule,
HM–215O, PHMSA revised § 173.224 to
authorize self-reactive materials to be
transported and packed in accordance
with packing method OP8 where
transport in IBCs or portable tanks is
permitted in accordance with § 173.225,
provided that the control and
emergency temperatures specified in the
instructions are complied with. This
change allowed materials that are
authorized in bulk packagings to also be
transported in appropriate non-bulk
packagings. PHMSA is making an
editorial correction to a reference to the
formulations listed in § 173.225. In the
course of adding this provision, PHMSA
incorrectly directed users to the Organic
Peroxide IBC Table by referencing
173.225(f); however, the table is found
in 173.225(e). Therefore, PHMSA is
correcting that sentence to refer to
173.225(e).
Section 173.225
Section 173.225 prescribes packaging
requirements and other provisions for
organic peroxides. As a result of new
peroxide formulations becoming
commercially available, the 22nd
revised edition of the UN Model
Regulations includes updates to the list
of identified organic peroxides, which
provides for formulations of these
materials that are authorized for
transportation without prior approval.
To maintain consistency with the UN
Model Regulations, PHMSA is updating
the Organic Peroxide Table in
§ 173.225(c) by adding new entries for
‘‘tert-Butylperoxy isopropylcarbonate,’’
‘‘tert-hexyl peroxypivalate,’’ and ‘‘acetyl
acetone peroxide,’’ and identifying them
as ‘‘UN3105, Organic peroxide type D,
liquid;’’ ‘‘UN3117, Organic peroxide
type E, liquid, temperature controlled;’’
and ‘‘UN3107, Organic peroxide type E,
liquid,’’ respectively. Additionally,
PHMSA is adding a ‘‘Note 32’’ following
the table, in association with the new
entry for ‘‘acetyl acetone peroxide,’’ to
indicate that the active oxygen
concentration for this formulation is
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limited to concentrations of 4.15%
active oxygen or less. PHMSA also is
revising the Organic Peroxide Portable
Tank Table in paragraph (g) to maintain
alignment with the 22nd revised edition
of UN Model Regulations by adding the
new formulation ‘‘tert-Butyl
hydroperoxide, not more than 56% with
diluent type B,’’ identified by ‘‘UN3109,
Organic peroxide type F, liquid.’’ This
amendment will also include the
addition of ‘‘Note 2’’ following the table
to specify that diluent type B is tertButyl alcohol. PHMSA expects that
adding provisions for the transport of
these newly available peroxide
formulations will facilitate
transportation of these materials, while
maintaining the HMR’s safety standard
for transportation of organic peroxide
hazardous materials.
Section 173.232
Section 173.232 outlines the
packaging requirements for articles
containing hazardous materials. For the
purposes of this section, an ‘‘article’’
means machinery, apparatus, or other
device that contains one or more
hazardous materials—or residues
thereof—that are an integral element of
the article, are necessary for its
functioning, and cannot be removed for
the purpose of transport. Currently,
these articles are forbidden from
transport on passenger and cargo-only
aircraft, as specified in column (9) of the
HMT. However, the 2023–2024 ICAO
Technical Instructions include new
provisions permitting the transport of
certain articles containing hazardous
materials aboard passenger and cargoonly aircraft. These new provisions
allow articles described and classified
as ‘‘UN3548, Articles containing
miscellaneous dangerous goods, n.o.s.,
9’’ or ‘‘UN 3538, Articles containing
non-flammable, non-toxic gas, n.o.s.,
2.2’’ to be transported by cargo-only and
passenger aircraft under certain
conditions. PHMSA is making changes
consistent with those provisions by
adding two new packaging provisions in
§ 173.232, in addition to the new special
provisions A224 and A225 discussed
above in Section-by-Section Review of
amendments for § 172.102. Specifically,
PHMSA is specifying in paragraph (h)
that air transport is permitted for
UN3548 when the articles: (1) do not
have an existing proper shipping name;
(2) contain only environmentally
hazardous substances exceeding 5 L or
5 kg; and (3) all other conditions of
§ 173.232 are met. In a new paragraph
(h)(ii), the same requirements are added
for articles transported under UN3538,
which: (1) do not have an existing
proper shipping name; (2) contain only
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gases of Division 2.2 without a
subsidiary hazard, except for
refrigerated liquefied gases and other
gases that are forbidden for transport on
passenger aircraft, where the quantity of
the Division 2.2 gas exceeds the
quantity limits for UN 3363, as
prescribed in § 173.222; (3) the quantity
of gas in the article does not exceed 75
kg when transported by passenger
aircraft or 150 kg when transported by
cargo-only aircraft; and (4) gas
containing receptacles within the article
must meet the requirements of Part 173
and Part 175, as appropriate., or meet a
national or regionally recognized
pressure receptacle standard.
Additionally, both packaging
provisions also permit the transport of
these articles, containing lithium cells
or batteries, provided that the batteries
meet the requirements specified in
§ 173.185(c). The aim of these new
provisions is to facilitate the transport of
large articles containing
environmentally hazardous substances,
such as aircraft landing gear struts filled
with hydraulic fluid, and large articles
containing a non-flammable, non-toxic
gas, such as new types of magnetic
resonance imaging (MRI) scanners,
which often contain compressed
helium, as well as lithium cells or
batteries. As a participant on the DGP,
PHMSA expects that the packaging
provisions provide an appropriate level
of safety to allow these items to be
transported by air and are appropriate
for incorporation in the HMR.
Section 173.301b
Section 173.301b outlines additional
general requirements when shipping
gases in UN pressure receptacles (e.g.,
cylinders). The 22nd revised edition of
the UN Model Regulations updated
references of several authorized
standards for ensuring proper valve
protection. In order to maintain the
current safety standard of the HMR for
valve protection and harmonization
with the requirements for UN pressure
receptacles, PHMSA is also updating
these references. Currently, paragraph
(c)(1) requires that quick release
cylinder valves for specification and
type testing must conform to the
requirements in ISO 17871:2015(E),
‘‘Gas cylinders—Quick-release cylinder
valves—Specification and type testing.’’
ISO 17871, in conjunction with ISO
10297 and ISO 14246, specifies design,
type testing, marking, manufacturing
tests, and examination requirements for
quick-release cylinder valves, intended
to be fitted to refillable transportable gas
cylinders and pressure drums, and tubes
used to transport compressed or
liquefied gases or extinguishing agents
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charged with compressed gases to be
used for fire-extinguishing, explosion
protection, and rescue applications. As
part of its regular review of its
standards, ISO updated and published
the second edition of ISO 17871 as ISO
17871:2020(E). PHMSA is revising the
valve requirements in this paragraph to
require quick release cylinder valves for
specification and type testing to
conform to ISO 17871:2020(E). After
December 31, 2026, conformance with
ISO 17871:2015(E) will no longer be
authorized in the UN Model
Regulations; therefore, for consistency,
PHMSA is adding a phaseout date of
December 31, 2026, for continued
conformance with ISO 17871:2015(E).
PHMSA clarified in the ‘‘Section IV:
Comment Discussion’’ section of this
final rule that the phaseout date of
December 31, 2026, applies to the
manufacturing of valves under ISO
17871:2015(E). Valves manufactured
before December 31, 2026, would still
be authorized under the HMR. The
second edition of this standard broadens
the scope to include quick release
valves for pressure drums and tubes,
and specifically excludes the use of
quick-release valves with flammable
gases. Other notable changes include the
addition of the valve burst test pressure;
the deletion of the flame impingement
test; and the deletion of the internal leak
tightness test at ¥40 °C for quickrelease cylinder valves, used only for
fixed firefighting systems installed in
buildings. PHMSA expects that
updating the requirements for
conformance of UN pressure receptacles
with this document will maintain the
HMR safety standard for these
packagings, and facilitate compliance
with valve requirements domestically
and internationally by aligning the HMR
with changes adopted in the 22nd
revised edition of the UN Model
Regulations. PHMSA reviewed this
edition as part of its regular
participation in the review of
amendments for the UN Model
Regulations.
PHMSA also is revising paragraph
(c)(2), which requires UN pressure
receptacles to have their valves
protected from damage to prevent
unintentional release of the contents of
the receptacles. Various methods on
how to achieve damage protection are
provided, including equipping the
container with a valve cap or guard that
conforms to ISO 11117:2008, ‘‘Gas
cylinders—Valve protection caps and
guards—Design, construction and tests’’
and the Technical Corrigendum 1, a
complementary document to the
standard. As part of its regular review of
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its existing standards, in 2019, ISO
published an updated version of this
standard, 11117:2019, which was
adopted in the 22nd revised edition of
the UN Model Regulations as a
permitted conformance standard for
valve protection. This document
updates the 2008 version, currently
authorized in paragraphs (c)(2)(ii) and
(c)(2)(iii). In accordance with the UN
Model Regulations, PHMSA also is
authorizing the continued use of ISO
11117:2008, in conjunction with the
Technical Corrigendum, until December
31, 2026. PHMSA clarified in the
‘‘Section IV: Comment Discussion’’
section of this final rule that the
phaseout date of December 31, 2026,
applies to the manufacturing of valve
protection caps under ISO 11117:2008.
Valves manufactured before December
31, 2026, would still be authorized
under the HMR. Similarly, for metal
hydride storage systems, damage
protection of the valve must be provided
in accordance with ISO 16111:2008,
‘‘Transportable gas storage devices—
Hydrogen absorbed in reversible metal
hydride.’’ As part of its regular review
of its existing standards, in 2018, ISO
published an updated version of this
standard, which was adopted in the
22nd revised edition of the UN Model
Regulations as a permitted conformance
standard for valve protection. Therefore,
to maintain alignment with the UN
Model Regulations’ requirements for UN
metal hydride storage systems, PHMSA
is updating the required standard for
protection of valves to ISO 16111:2018
and including a phaseout date of
December 31, 2026, for continued use of
valve guards conforming to valve
protection standards in ISO 16111:2008.
PHMSA clarified in the ‘‘Section IV:
Comment Discussion’’ section of this
final rule that the phaseout date of
December 31, 2026, applies to the
manufacturing of valves under ISO
16111:2008. Valves manufactured before
December 31, 2026, would still be
authorized under the HMR. PHMSA has
reviewed the updated ISO standards as
part of its regular participation in the
review of amendments for the UN
Model Regulations and has determined
use of the update ISO 16111 will
maintain the HMR safety standard for
protection of valves used in UN metal
hydride storage systems.
Paragraph (d) requires that when the
use of a valve is prescribed, the valve
must conform to the requirements in
ISO 11118:2015(E), ‘‘Gas cylinders—
Non-refillable metallic gas cylinders—
Specification and test methods.’’ ISO
11118:2015 specifies minimum
requirements for the material, design,
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inspections, construction and
workmanship, manufacturing processes,
and tests at manufacture of nonrefillable metallic gas cylinders of
welded, brazed, or seamless
construction for compressed and
liquefied gases, including the
requirements for their non-refillable
sealing devices and their methods of
testing. For consistency with the UN
Model Regulations, PHMSA is revising
the valve conformance requirements to
include a reference to the 2019
amendment of ISO 11118, specifically,
ISO 11118:2015/Amd 1:2019, which
ISO published as a supplement to ISO
11118:2015(E). This supplement
corrects the references and numerous
typographical errors. The amendment
also includes updates to the marking
requirements in the normative Annex A,
which includes clarifications,
corrections, and new testing
requirements. Additionally, paragraph
(d) currently indicates that the
manufacture of valves to ISO
13340:2001(E) is authorized until
December 31, 2020. Since this date has
passed, PHMSA is removing reference
to this expired authorization.
Updating references to these
documents will align the HMR with
changes adopted in the 22nd revised
edition of the UN Model Regulations
pertaining to the design and
construction of UN pressure drums.
PHMSA has reviewed this edition as
part of its regular participation in the
review of amendments for the UN
Model Regulations and does not expect
any degradation of safety standards in
association with its use.
Lastly, paragraph (f) of this section
requires that for the transportation of
hydrogen bearing gases, a steel UN
pressure receptacle bearing an ‘‘H’’ mark
must be used. The ‘‘H’’ marking
indicates that the receptacle is
compatible with hydrogen embrittling
gases. However, some hydrogen bearing
gases may also be transported in
composite pressure receptacles with
steel liners as provided in § 173.311.
Therefore, PHMSA is amending
§ 173.301b(f) to clarify that these
compatibility provisions apply to steel
UN cylinders as well as composite
pressure receptacles that include steel
liners. PHMSA expects that this
amendment will add an additional level
of safety by ensuring that suitability of
materials is considered when shippers
opt to use composite cylinders for the
transport of hydrogen bearing gases.
Section 173.302b
In the NPRM, PHMSA proposed to
add a new Special Provision 441,
assigning it to ‘‘UN1045, Fluorine,
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compressed.’’ As previously discussed
in ‘‘Section IV: Comment Discussion’’
section of this final rule, PHMSA is
moving the regulatory language from the
proposed special provision 441 into
§ 173.302b(g). This new paragraph
addresses gas mixtures containing
fluorine and inert gases in UN pressure
receptacles in accordance with changes
adopted in the 22nd revised edition of
the UN Model Regulations. Specifically,
this change provides latitude with
regard to the maximum allowable
working pressure when fluorine is a part
of a mixture, which contains less
reactive gases, such as nitrogen, when
the mixture is transported in UN
pressure receptacles. As a strongly
oxidizing gas, pure fluorine requires
specific safety measures because it
reacts spontaneously with many organic
materials and metals. Additionally,
because of its reactive properties, the
UN Model Regulations limit the
maximum allowable working pressure
for pure fluorine in cylinders to 30 bar;
a minimum test pressure of 200 bar is
also required. However, prior to changes
adopted in the 22nd revised edition of
the UN Model Regulations, there was no
guidance on the maximum allowable
working pressure and minimum test
pressure for mixtures of gases that
contain fluorine. Commercially, these
mixtures are often placed on the market
and used in concentrations, which may
include as little as one percent fluorine
combined with noble gases, or 10 to 20
percent fluorine mixed with nitrogen.
Due to the lack of specific provisions
addressing fluorine gas mixtures, such
mixtures containing relatively
inconsequential amounts of fluorine
were subject to the same requirements
(restrictive maximum allowable working
pressures) as pure fluorine. Given that
fluorine, in a mixture with inert gases or
nitrogen, is less reactive towards
materials than pure fluorine, the
UNSCOE determined that gas mixtures
containing less than 35% fluorine by
volume should no longer be treated like
pure fluorine and may use a higher
maximum allowable working pressure.
The new packing provision added in the
22nd revised edition of the UN Model
Regulations allows for pressure
receptacles containing mixtures of
fluorine and inert gases (including
nitrogen) to have higher working
pressures by allowing for consideration
of the partial pressures exerted by the
other constituents in the mixture, rather
than limiting the pressure in the
receptacle based on fluorine alone.
Specifically, the provision permits
mixtures of fluorine and nitrogen with
a fluorine concentration below 35% by
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volume to be filled in pressure
receptacles up to a maximum allowable
working pressure for which the partial
pressure of fluorine does not exceed 31
bar absolute. Additionally, for mixtures
of true inert gases and fluorine, where
the concentration of fluorine is below
35% by volume, pressure receptacles
may be filled up to a maximum
allowable working pressure for which
the partial pressure of fluorine does not
exceed 31 bar absolute, provided that
when calculating the partial pressure,
the coefficient of nitrogen equivalency
is determined and accounted for in
accordance with ISO 10156:2017.
Finally, the newly added provision for
these two types of gas mixtures limits
the working pressure to 200 bar or less,
and requires that the minimum test
pressure of pressure receptacles for
these mixtures equals 1.5 times the
working pressure or 200 bar, with the
greater value to be applied. While
PHMSA is not adding similar provisions
for this type of mixture in DOT
specification cylinders in this
rulemaking, PHMSA has evaluated the
rationale and methods for determining
the pressure limits in UN pressure
receptacles, and finds that they provide
an equivalent level of safety. For this
reason, PHMSA is adopting the packing
instruction as drafted in the UN Model
Regulations as a new paragraph to
§ 173.302b of the HMR.
Section 173.302c
Section 173.302c outlines additional
requirements for the shipment of
adsorbed gases in UN pressure
receptacles. Currently paragraph (k)
requires that filling of UN pressure
receptacles with adsorbed gases be
performed in accordance with Annex A
of ISO 11513:2011, ‘‘Gas cylinders—
Refillable welded steel cylinders
containing materials for subatmospheric gas packaging (excluding
acetylene)—Design, construction,
testing, use and periodic inspection.’’ As
part of its periodic review and updates
of standards, ISO has developed an
updated second edition (published in
2019). The updated ISO 11513 standard
was adopted in the 22nd revised edition
of the UN Model Regulations for use in
cylinders filled with adsorbed gases.
Similarly, PHMSA is requiring use of
Annex A of ISO 11513:2019.
Specifically, this amendment will
require the use of the 2019 standard and
provide a phaseout date for continued
use of the ISO 11513:2011 until
December 31, 2024. Updating references
to this document will align the HMR
with changes adopted in the 22nd
revised edition of the UN Model
Regulations pertaining to the shipment
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of adsorbed gases in UN pressure
receptacles. PHMSA has reviewed this
edition as part of its regular
participation in the review of
amendments for the UN Model
Regulations and does not expect any
degradation of safety standards in
association with its use.
Section 173.311
Section 173.311 specifies
requirements for transportable UN metal
hydride storage systems (UN3468) that
are comprised of pressure receptacles
not exceeding 150 L (40 gallons) in
water capacity, and having a maximum
developed pressure not exceeding 25
MPa (145 psi). Currently, the HMR
requires that these metal hydride storage
systems be designed, constructed,
initially inspected, and tested in
accordance with ISO 16111:2008,
‘‘Transportable gas storage devices—
Hydrogen absorbed in reversible metal
hydride.’’ However, the 22nd revised
edition of the UN Model Regulations
updated references to this standard to
authorize the use of the updated 2018
version of ISO 16111, while allowing
the 2008 version to remain authorized
for use until December 31, 2026.
PHMSA clarified in the ‘‘Section IV:
Comment Discussion’’ section of this
final rule that the phaseout date of
December 31, 2026, applies to the
manufacturing of cylinders under ISO
16111:2008. Cylinders manufactured
before December 31, 2026, would still
be authorized under the HMR.
Therefore, for consistency with the
requirements for UN metal hydride
storage systems, PHMSA is adopting
changes made in the 22nd revised
edition of the UN Model Regulations to
authorize the use of ISO 16111:2018 and
add a phaseout date of December 31,
2026, for continued use of ISO
16111:2008. PHMSA has reviewed this
edition as part of its regular
participation in the review of
amendments for the UN Model
Regulations and has determined the
updated edition of ISO 16111 will
maintain the HMR safety standards for
the design, construction, initial
inspection, and testing of UN metal
hydride storage systems.
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D. Part 175
Section 175.1
Section 175.1 outlines the purpose,
scope, and applicability of the Part 175
requirements for the transport of
hazardous materials by aircraft.
Specifically, these requirements are in
addition to other requirements
contained in the HMR. The aircraft-level
risk presented by hazardous materials
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depends on several factors, such as the
total quantity and type, potential
interactions, and existing risk mitigation
measures. When accepting hazardous
materials for transportation by aircraft,
certain aircraft operators (i.e., air
carriers) must also comply with the
Federal Aviation Administration (FAA)
Safety Management System (SMS)
requirements in 14 CFR part 5—Safety
Management Systems, which impacts
how operators comply with
requirements of the HMR.
PHMSA is adding a new paragraph (e)
to this sections that directs 14 CFR part
121 certificate holders to the FAA’s
requirements to have an SMS in
accordance with 14 CFR part 5. This
action will not introduce new regulatory
burden, as the SMS requirements for
Part 121 certificate holders have been in
place for several years. However,
PHMSA expects that adding a reference
to these requirements in the HMR will
provide additional clarity for Part 121
aircraft operators, particularly with SMS
applicability to the acceptance and
transport of hazardous materials at the
aircraft level. Finally, PHMSA notes that
the FAA Advisory Circular (AC) 120–
121 29 provides information relating to
safety risk assessments (which is the
process within the SMS composed of
describing the system, identifying the
hazards, and analyzing, assessing, and
controlling risk) and potential
mitigation strategies to items in the
aircraft cargo compartment. When using
this document, aircraft operators should
refer to requisite ICAO documents;
check the FAA website for additional
information on cargo safety and
mitigations relating to fire events; and
consider safety enhancements
developed and promoted by industry
groups.
Section 175.10
Section 175.10 specifies the
conditions under which passengers,
crew members, or an air operator may
carry hazardous materials aboard an
aircraft. Consistent with revisions to the
ICAO Technical Instructions, PHMSA is
making revisions in paragraphs (a)(15)
and (a)(17) applicable to the carriage of
wheelchairs or other mobility aids
powered by batteries. Specifically, in
paragraphs (a)(15)(v)(A), (a)(15)(vi)(A)
and (a)(17)(ii)(C), which currently
require that the battery be securely
attached to the wheelchair or mobility
aid, PHMSA is adding the supplemental
requirement that the battery is also
adequately protected against damage by
the design of the wheelchair or mobility
29 https://www.faa.gov/documentLibrary/media/
Advisory_Circular/AC_120-121.pdf.
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aid. The revisions will enhance the safe
carriage of these battery-powered items
aboard passenger aircraft by requiring
combined measures of protection
against damage and securement of the
batteries. Furthermore, the revisions
will assist passengers traveling with
battery-powered wheelchairs or
mobility aids by providing better clarity
on the required safety measures.
Additionally, PHMSA is revising
introductory text to paragraphs (a)(14)
and (a)(26) to specifically state that each
lithium battery must be of a type that
meets the requirements of the UN
Manual of Tests and Criteria, Part III,
Subsection 38.3. Currently this
requirement is outlined in every other
subparagraph under paragraph (a)
pertaining to lithium batteries but was
inadvertently omitted in prior
rulemakings for paragraphs (a)(14) and
(a)(26). In its comment to the NPRM,
COSTHA notes that PHMSA
inadvertently left out the word
‘‘lithium’’ to clarify the testing
requirements in this section apply to
lithium batteries. PHMSA concurs with
the COSTHA comment and is revising
§ 175.10(a)(14) to clarify that the testing
requirements in this section only apply
to lithium powered batteries.
Additionally, PHMSA received
comments from ALPA, MDTC, and
PRBA in support of this proposal.
Therefore, for clarity and consistency
with the ICAO Technical Instructions,
PHMSA is making this editorial change
and expects it will improve safety by
ensuring it is understood that all
lithium batteries transported under the
provisions of that paragraph are subject
to UN testing.
PHMSA is revising paragraph (a)(18)
regarding the carriage of portable
electronic devices (e.g., watches, cell
phones, etc.). Currently, the HMR
allows these devices to be carried both
in carry-on baggage and checked
baggage. However, this paragraph
stipulates that for lithium batterypowered devices carried in checked
baggage, the devices must be completely
switched off (i.e., not in sleep or
hibernation mode). The requirement to
turn off battery powered devices was
added in the ICAO Technical
Instructions and the HMR as a result of
temporary security restrictions that
prohibited the carriage of large portable
electronic devices in the cabin on
certain flights. In addition to the
restriction of electronic devices in the
aircraft cabin, a requirement to turn off
all devices powered by lithium batteries
when placed in checked baggage was
added to prevent risks from overheating
in those devices that might remain
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active when not powered off (e.g.,
laptops). This requirement to turn
devices off was applied to all devices
powered by batteries or cells, regardless
of their size and level of risk, primarily
to simplify the regulations and facilitate
its implementation. However, in light of
the need for passengers to carry active
devices powered by small cells in
checked baggage (e.g., small tracking
devices), PHMSA is providing some
conditional relief from this requirement
for passengers and crew by applying the
provision to switch off the device to
only those devices powered by lithium
metal batteries exceeding 0.3 grams
lithium content or lithium-ion batteries
exceeding 2.7 Wh. This is consistent
with paragraph (a)(26), which allows
baggage equipped with lithium batteries
to be carried as checked baggage if the
batteries do not exceed 0.3 grams of
lithium content or 2.7 Wh, respectively.
Based on similar battery size criteria in
paragraph (a)(26), PHMSA does not
expect a reduction in safety of
transporting lithium battery-powered
devices aboard passenger aircraft under
the exception. Moreover, small lithium
battery-powered devices are not known
or expected to create heat in the same
manner as portable electronic devices
powered by much larger batteries.
PHMSA expects this amendment will
avoid unnecessary operational
challenges for states, operators, and the
travelling public without compromising
safety. In response to the NPRM,
PHMSA received comments from ALPA,
COSTHA, MDTC, and PRBA in support
of this revision.
Additionally, PHMSA is adding
clarification in paragraph (a) that the
most appropriate exception from this
section shall be selected when
hazardous materials are carried by
aircraft passengers or crewmembers. For
example, paragraph (a)(19) specifies
conditions for battery-powered smoking
devices such that a person cannot opt to
follow the more generalized portable
electronic device conditions of
paragraph (a)(18). PHMSA expects this
clarification will support the safe
transport of excepted hazardous
materials by ensuring they will be
transported in a manner that is most
appropriate for the hazard they may
pose.
Finally, PHMSA is making a
clarifying amendment to paragraph
(a)(26) regarding baggage equipped with
lithium batteries. Oftentimes, the
baggage has built-in features that cannot
be turned off, and the intent of
paragraph (a)(26) is that the devices are
not required to be turned off when the
baggage is checked. Therefore, PHMSA
is clarifying paragraph (a)(26) to state
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plainly that, under the conditions
allowing baggage to be checked without
removing the batteries, electronic
features of the baggage do not have to
be switched off if the lithium batteries
meet the size limitations in paragraphs
(a)(26)(i) and (ii). In response to the
NPRM, COSTHA was supportive of this
revision but proposes PHMSA add
‘‘lithium’’ to the sentence to clarify the
requirement is for lithium batteries, i.e.,
‘‘Each lithium battery must be of a type
which meets the requirements of each
test in the UN Manual of Tests and
Criteria, Part III, Subsection 38.3 . . .’’
PHMSA concurs with COSTHA’s
comment and has revised paragraph
(a)(26) as suggested. Additionally,
ALPA, MDTC, and PRBA provided
comments in support of this revision.
Section 175.33
Section 175.33 establishes
requirements for shipping papers and
for the notification of the pilot-incommand when hazardous materials are
transported by aircraft. Currently,
paragraph (a)(13)(iii) conditionally
excepts lithium batteries 30 that are
prepared in accordance with the
paragraph § 173.185(c) exceptions for
smaller cells and batteries from the
requirement to be included with the
information to be provided to the pilotin-command. Since smaller lithium
cells and batteries that are not packed
with or contained in equipment (e.g.,
UN3480, Lithium ion batteries, and
UN3090, Lithium metal batteries) are no
longer provided relief from hazard
communication requirements, such as
shipping papers, PHMSA is making a
conforming change to this section to
also remove the exception for UN3480
and UN3090 from being excepted from
the pilot-in-command requirement. This
revision maintains the HMR standard of
hazard communication for
transportation of lithium cells and
batteries by air. In response to the
NPRM, PHMSA received comments
from COSTHA and MDTC is support of
this revision.
E. Part 178
Section 178.37
Section 178.37 outlines the
construction requirements for DOT
specification 3AA and 3AAX seamless
steel cylinders. As summarized in the
Section IV. Section-by-Section Review
discussion of changes to § 171.7,
PHMSA is incorporating by reference
30 UN3480, Lithium-ion batteries, UN3481,
Lithium-ion batteries, contained in equipment or
packed in equipment, UN3090, Lithium metal
batteries, and UN3091, Lithium metal batteries
contained in equipment or packed with equipment.
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the revised third edition (published in
2019) of ISO 9809–1, ‘‘Gas cylinders—
Design, construction and testing of
refillable seamless steel gas cylinders
and tubes—Part 1: Quenched and
tempered steel cylinders and tubes with
tensile strength less than 1100 MPa.’’
Currently, ISO 9809–1 is referenced in
§ 178.37 as an approved methodology by
which to perform bend tests, instead of
the required flattening test specified in
paragraph (j). As currently written,
paragraph (j) does not specify which
edition is authorized, yet multiple
editions are incorporated by reference in
§ 171.7. PHMSA aims to make the
requirement clearer by authorizing use
of the most current version of ISO 9809–
1 only. PHMSA reviewed the 2019
version and concludes that the bend test
provisions in the standard remain a
suitable alternative for the flattening test
provisions of paragraph (j). This
clarification will improve compliance
with the appropriate version of ISO
9809–1 and ensure an appropriate level
of safety.
Section 178.71
Section 178.71 prescribes
specifications for UN pressure
receptacles. Several updates to
referenced standards pertaining to the
design, construction, and maintenance
of UN pressure receptacles were added
in the 22nd revised edition of the UN
Model Regulations. To maintain
consistency with the UN Model
Regulations, PHMSA is making similar
updates to those ISO standards
incorporated by reference in this
section. In its comments to the NPRM,
CGA suggests that PHMSA consider
using the current method of stating the
applicability of older editions of ISO
standards that more specifically set the
endpoint for use of the standard to the
manufacture of the cylinders. CGA adds
that using the word ‘‘manufacture’’
better aligns with the term ‘‘applicable
for manufacture’’ used throughout
section 6.2.2 in the 22nd edition of the
UN Model Regulations. PHMSA agrees
and is revising the language in this
section to better reflect the intent in the
UN Model Regulations, that the year of
manufacture should be used to describe
the phaseout of these ISO standards.
Paragraph (f) outlines required
conformance to ISO design and
construction standards, as applicable,
for UN refillable welded cylinders and
UN pressure drums in addition to the
general requirements of the section. ISO
21172–1:2015, ‘‘Gas cylinders—Welded
steel pressure drums up to 3,000 litres
capacity for the transport of gases—
Design and construction—Part 1:
Capacities up to 1,000 litres,’’ is
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currently included in paragraph (f)(4)
and specifies the minimum
requirements for the material, design,
fabrication, construction and
workmanship, inspection, and testing at
manufacture of refillable welded steel
pressure drums of volumes up to 1,000
L (264 gallons). The 22nd revised
edition of the UN Model Regulations
includes an amendment to ISO
21172:2015—ISO 21172–1:2015/
Amd1:2018, ‘‘Gas cylinders—Welded
steel pressure drums up to 3 000 litres
capacity for the transport of gases—
Design and construction—Part 1:
Capacities up to 1 000 litres—
Amendment 1.’’ ISO 21172–1:2015/
Amd1:2018 is a short supplemental
amendment to be used in conjunction
with ISO 21172–1:2015. It removes the
restriction on use of UN pressure drums
for transportation of corrosive materials.
In addition to adding a reference for use
of this supplemental document, the UN
Model Regulations added a phase out
date of manufacture of December 31,
2026, until which ISO 21172–1:2015 UN
pressure drums may continue to be
manufactured without the supplement.
Similarly, PHMSA is requiring
conformance of UN pressure drums
with ISO 21172 used in combination
with the supplemental amendment, and
adding a phaseout date of December 31,
2026, for continued manufacture of UN
pressure drums in conformance with
ISO 21172–1:2015 without the
supplemental amendment.
Additionally, PHMSA is revising
paragraphs (g), (k), and (n), which
outline the design and construction
requirements for UN refillable seamless
steel cylinders, UN acetylene cylinders,
and UN cylinders for the transportation
of adsorbed gases, respectively.
Currently this section requires that these
UN cylinders conform to the second
edition (published in 2010) of one or
more of following ISO standards:
(1) ISO 9809–1:2010 ‘‘Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
1: Quenched and tempered steel
cylinders with tensile strength less than
1100 MPa.’’
(2) ISO 9809–2, ‘‘Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
2: Quenched and tempered steel
cylinders with tensile strength greater
than or equal to 1100 MPa.’’
(3) ISO 9809–3, ‘‘Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
3: Normalized steel cylinders.’’
This series of ISO standards specifies
minimum requirements for the material,
design, construction and workmanship,
manufacturing processes, examination,
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and testing at time of manufacture for
refillable seamless steel gas cylinders
and tubes with water capacities up to
and including 450 L (119 gallons).
PHMSA is modifying the design and
construction requirements for UN
cylinders by authorizing the use of the
revised third edition of ISO 9809, Parts
1 through 3. Additionally, PHMSA is
adding a phaseout date of December 31,
2026, for continued design,
construction, and testing of UN
cylinders conforming to the second
edition. Finally, PHMSA is removing
reference to the first edition of these
standards as the authorized date
(December 31, 2018) for continued
manufacture in accordance with this
edition has expired. PHMSA has
reviewed these updated standards as
part of its regular participation in the
review of amendments for the UN
Model Regulations and expects their
required use will maintain the HMR
safety standard for manufacture of UN
cylinders.
Paragraph (i) outlines required
conformance to ISO design and
construction standards for UN nonrefillable metal cylinders. PHMSA is
removing reference to ISO 11118:1999
and adding a reference to a
supplemental amendment, ISO
11118:2015/Amd 1:2019. Current
paragraph (i) requires, in addition to the
general requirements of the section,
conformance with ISO 11118:2015,
‘‘Gas cylinders—Non-refillable metallic
gas cylinders—Specification and test
methods.’’ ISO 11118:2015 specifies
minimum requirements for the material,
design, inspections, construction,
workmanship, manufacturing processes,
and tests for manufacture of nonrefillable metallic gas cylinders of
welded, brazed, or seamless
construction for compressed and
liquefied gases, including the
requirements for their non-refillable
sealing devices and their methods of
testing. PHMSA is revising the valve
conformance requirements to include a
reference to the 2019 supplemental
amendment (ISO 11118:2015/Amd
1:2019), which ISO published to be used
in conjunction with an ISO 11118:2015.
Additionally, PHMSA is adding an end
date of December 31, 2026, to the
authorization to use ISO 11118:2015
when not used in conjunction with the
supplemental 2019 amendment, ISO
11118:2015 +Amd.1:2019. This
supplemental amendment corrects the
identity of referenced clauses and
corrects numerous typographical errors.
PHMSA has reviewed this supplemental
amendment as part of its regular
participation in the review of
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amendments for the UN Model
Regulations and does not expect any
degradation of safety standards in
association with the use of these two
documents.
Paragraph (m) outlines required
conformance to ISO standards for the
design and construction requirements of
UN metal hydride storage systems.
Currently this paragraph requires that
metal hydride storage systems conform
to ISO 16111:2008, ‘‘Transportable gas
storage devices—Hydrogen absorbed in
reversible metal hydride,’’ in addition to
the general requirements of this section.
As part of its regular review of its
existing standards, in 2018 ISO
published an updated version of this
standard, which was adopted in the
22nd revised edition of the UN Model
Regulations. In addition to permitting
construction in accordance with ISO
16111:2018, the 22nd revised edition of
the UN Model Regulations added a
December 31, 2026, phaseout date for
the continued construction of UN metal
hydride storage systems conforming to
ISO 16111:2008. Therefore, to maintain
alignment with the UN Model
Regulations, PHMSA is adding the same
phaseout date of December 31, 2026.
Paragraph (n) prescribes the design
and construction requirements for UN
cylinders for the transportation of
adsorbed gases. In addition to updating
reference for required conformance with
ISO 9809–1:2019 as discussed above,
PHMSA is requiring conformance to an
updated version of ISO 11513, ‘‘Gas
cylinders—Refillable welded steel
cylinders containing materials for subatmospheric gas packaging (excluding
acetylene)—Design, construction,
testing, use and periodic inspection.’’
ISO 11513 specifies minimum
requirements for the material, design,
construction, workmanship,
examination, and testing at manufacture
of refillable welded steel cylinders for
the sub-atmospheric pressure storage of
liquefied and compressed gases. The
second edition has updated packing
instructions and allows the use of
ultrasonic testing as a nondestructive
method for inspection of the cylinders.
Currently the HMR requires that UN
cylinders that are used for the
transportation of adsorbed gases
conform to either ISO 9809–1:2010 or
ISO 11513:2011. PHMSA is requiring
conformance with the updated ISO
11513:2019 in addition to the option of
the updated ISO 9809–1:2019 edition.
PHMSA also is adding a phaseout date
of December 31, 2026, to allow UN
cylinders to continue to be built in
conformance with ISO 11513:2011.
Updating the reference to this
standard aligns the HMR with changes
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adopted in the 22nd revised edition of
the UN Model Regulations, pertaining to
the design and construction of UN
cylinders used for the transportation of
adsorbed gases. PHMSA has reviewed
this edition as part of its regular
participation in the review of
amendments for the UN Model
Regulations and expects that the
required use will maintain the HMR
safety standard for the manufacture of
UN cylinders.
Section 178.75
Section 178.75 prescribes
specifications for multiple-element gas
containers (MEGCs), which are
assemblies of UN cylinders, tubes, or
bundles of cylinders interconnected by
a manifold and assembled within a
framework. PHMSA is revising
paragraph (d)(3), which outlines the
general design and construction
requirements for MEGCs. In its
comments to the NPRM, CGA suggests
that PHMSA consider using the current
method of stating the applicability of
older editions of ISO standards that
more specifically set the endpoint for
use of the standard to the manufacture
of the cylinders. CGA adds that using
the word ‘‘manufacture’’ better aligns
with the term ‘‘applicable for
manufacture’’ used throughout section
6.2.2 in the 22nd edition of the UN
Model Regulations. PHMSA agrees and
is revising the language in this section
to better reflect the intent in the UN
Model Regulations that the year of
manufacture should be used to describe
the phaseout of these ISO standards.
Currently this paragraph requires that
each pressure receptacle of a MEGC be
of the same design type, seamless steel,
and constructed and tested according to
one of five ISO standards including the
second editions of:
(1) ISO 9809–1 ‘‘Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
1: Quenched and tempered steel
cylinders with tensile strength less than
1100 MPa.’’
(2) ISO 9809–2, ‘‘Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
2: Quenched and tempered steel
cylinders with tensile strength greater
than or equal to 1100 MPa.’’
(3) ISO 9809–3, ‘‘Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
3: Normalized steel cylinders.’’
This series of ISO standards specifies
minimum requirements for the material,
design, construction, workmanship,
manufacturing processes, examination,
and testing at time of manufacture for
refillable seamless steel gas cylinders
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and tubes with water capacities up to
and including 450 L (119 gallons). The
standards were updated and revised, as
discussed in the Section IV. Section-bySection Review discussion of § 171.7
changes. PHMSA is authorizing the use
of the third edition of ISO 9809, Parts
1 through 3, and adding a phaseout date
of December 31, 2026, for continued
manufacture of pressure receptacles
using the second edition. Finally,
PHMSA is removing reference to the
first edition of these standards, as the
authorization date (December 31, 2018)
for continued manufacture in
accordance with this edition has
expired. Authorizing the use of these
updated references to this document
will align the HMR with changes
adopted in the 22nd revised edition of
the UN Model Regulations pertaining to
the design and construction of pressure
vessels, including MEGCs, while
maintaining the HMR safety standard
for use of MEGCs.
Section 178.609
Section 178.609 provides test
requirements for packagings intended
for transport of infectious substances.
PHMSA is making an editorial change
in paragraph (d) to clarify the drop
testing requirements for these
packagings. In rule HM–215P,31 PHMSA
made editorial changes in paragraph (g)
to clarify the performance requirements
for packagings intended to also contain
dry ice consistent with changes to the
21st revised edition of UN Model
Regulations. However, some additional
editorial changes regarding the drop test
requirements for these packagings were
later added to the UN Model
Regulations that were not reflected in
HM–215P. Therefore, in this final rule,
PHMSA is making additional editorial
corrections to this section pertaining to
the drop test requirements in paragraph
(d). Currently, paragraph (d)(2) states
that where the samples are in the shape
of a drum, three samples must be
dropped, in three different orientations.
However, during the course of the
finalization of these changes in the UN
Model Regulations, an additional
precision was made regarding the word
‘‘chime,’’ which was removed from
these testing requirements and replaced
with the word ‘‘edge.’’ The wording was
changed so as not to specify which
direction the package should be
dropped. PHMSA does not consider this
change to be technical, but editorial,
with the intent of conveying the testing
protocol, as it was designed, more
clearly. For that reason, PHMSA expects
this change to maintain the current level
31 87
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of safety for packagings intended to
contain infectious substances. This
change will simply result in a packaging
being tested in line with the design of
the original packaging test method.
PHMSA received a comment from
MDTC in support of this revision.
Section 178.706
Section 178.706 prescribes
construction standards for rigid plastic
IBCs. PHMSA is revising paragraph
(c)(3) to allow the use of recycled plastic
(i.e., used material) in the construction
of rigid plastic IBCs with the approval
of the Associate Administrator
consistent with a similar change
adopted in the 22nd revised edition of
the UN Model Regulations and
international standards. PHMSA is
including a slight variation from the
international provision by requiring
prior approval of the Associate
Administrator for use of recycled
plastics in the construction of rigid
plastic IBCs. This approach is consistent
with current requirements for the
construction of plastic drums and
jerricans in § 178.509(b)(1) that restrict
use of ‘‘used material’’ unless approved
by the Associate Administrator. The UN
Model Regulations incorporate quality
assurance program requirements that
require recognition by a governing body.
By requiring approval of the Associate
Administrator, PHMSA is able to
maintain oversight of procedures, such
as batch testing, that manufacturers will
use to ensure the quality of recycled
plastics used in the construction of rigid
plastic IBCs. This action will facilitate
environmentally friendly processes in
the construction of rigid plastic IBCs
while maintaining the high safety
standards in the production of these
packagings for use in transportation of
hazardous materials. RIBCA and RIPA
provided comments in support of
allowing the manufacturing of rigid
plastic IBCs from recycled plastics.
Section 178.707
Section 178.707 prescribes
construction standards for composite
IBCs. PHMSA is revising paragraph
(c)(3)(iii) to allow the use of recycled
plastic (i.e., used material) in the
construction of inner receptacles of
composite IBCs, with the approval of
the Associate Administrator, consistent
with a similar change adopted in the
22nd revised edition of the UN Model
Regulations and the modal international
standards. PHMSA is including a slight
variation from the international
provision by requiring prior approval by
the Associate Administrator to use
recycled plastics in the construction of
inner plastic receptacles of composite
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IBCs. This approach is consistent with
current requirements for construction of
plastic drums and jerricans in
§ 178.509(b)(1), which restrict use of
‘‘used material,’’ unless approved by the
Associate Administrator. The UN Model
Regulations incorporate quality
assurance program requirements that
require recognition by a governing body.
By requiring approval of the Associate
Administrator, PHMSA is able to
maintain oversight of procedures, such
as batch testing, that manufacturers will
use to ensure the quality of recycled
plastics used in the construction of
inner plastic receptacles of composite
IBCs. This action will facilitate
environmentally friendly processes in
the construction of composite IBCs
while maintaining the high safety
standards in the production of these
packagings for use in transportation of
hazardous materials. RIBCA and RIPA
provided comments in support of
allowing the manufacturing of
composite IBCs from recycled plastics.
ddrumheller on DSK120RN23PROD with RULES3
F. Part 180
Section 180.207
Section 180.207 outlines the
requirements for requalification of UN
pressure receptacles. The 22nd revised
edition of the UN Model Regulations
includes numerous updates to
referenced standards for inspection and
maintenance of UN pressure
receptacles. PHMSA is adopting similar
amendments in the HMR to maintain
consistency with the UN Model
Regulations. To that end, PHMSA is
revising paragraph (d), which specifies
the requalification procedures and
conformance standards for specific
procedures. Specifically, paragraph
(d)(3) currently requires that dissolved
acetylene UN cylinders be requalified in
accordance with ISO 10462:2013, ‘‘Gas
cylinders—Acetylene cylinders—
Periodic inspection and maintenance.’’
ISO 10462:2013 specifies requirements
for the periodic inspection and
maintenance of acetylene cylinders. It
applies to acetylene cylinders with and
without solvent, and with a maximum
nominal water capacity of 150 L. As part
of a periodic review of its standards, the
ISO reviewed this standard, and in June
2019 published a short supplemental
amendment, ISO 10462:2013/Amd
1:2019. The supplemental document
provides amendments that simplify the
marking of rejected cylinders to render
them unserviceable. This supplemental
document is intended for use in
conjunction with ISO 10462:2013 for
the periodic inspection and
maintenance of dissolved acetylene UN
cylinders. As such, PHMSA is adding a
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reference to ISO 10462:2013/Amd
1:2019 in § 180.207(d)(3) where ISO
10462:2013 is currently required, and
adding a phaseout date of December 31,
2024, for authorized use of ISO
10462:2013 without the supplemental
amendment.
PHMSA is revising paragraph (d)(5)
which requires that UN cylinders used
for adsorbed gases be inspected and
tested in accordance with § 173.302c
and ISO 11513:2011. ISO 11513
specifies minimum requirements for the
material, design, construction,
workmanship, examination, and testing
at manufacture of refillable welded steel
cylinders for the sub-atmospheric
pressure storage of liquefied and
compressed gases. The 22nd revised
edition of the UN Model Regulations
updated references to ISO 11513 to
authorize the use of the second edition,
ISO 11513:2019. This second edition
has been updated to amend packing
instructions and remove the prohibition
on the use of ultrasonic testing during
periodic inspection. PHMSA is
authorizing the use of ISO 11513:2019
and adding a sunset date of December
31, 2024, until which the current
edition of ISO 11513 may continue to be
used.
Lastly, PHMSA is adding paragraph
(d)(8) to reference ISO 23088:2020, ‘‘Gas
cylinders—Periodic inspection and
testing of welded steel pressure drums—
Capacities up to 1 000 L,’’ to provide a
requalification standard for UN pressure
drums because requalification
procedures may differ for pressure
drums versus other UN pressure
receptacles. The ISO 23088:2020
standard complements the design and
construction standard ISO 21172–1,
‘‘Gas cylinders—Welded steel pressure
drums up to 3,000 litre capacity for the
transport of gases—Design and
construction—Part 1: Capacities up to
1,000 litres,’’ referenced in § 178.71 for
UN pressure drums. ISO 21172–1:2015
was added in the HMR in rule HM–
215O. PHMSA expects that
incorporating by reference a safety
standard for requalification will reduce
business costs and environmental
effects by allowing existing UN pressure
drums to be reintroduced into service
for continued use for an extended
period of time.
These revisions will align the HMR
with changes adopted in the 22nd
revised edition of the UN Model
Regulations pertaining to industry
consensus standards for requalification
and maintenance procedures for UN
pressure receptacles. PHMSA has
reviewed this edition as part of its
regular participation in the review of
amendments for the UN Model
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Regulations and does not expect any
degradation of safety standards in
association with its use. PHMSA
expects that these amendments will
enhance safety by providing cylinder
and pressure drum users with the
necessary guidelines for the continued
use of UN pressure receptacles.
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
This final rule is published under the
authority of Federal Hazardous
Materials Transportation Law (49 U.S.C.
5101 et seq.). Section 5103(b) authorizes
the Secretary of Transportation to
prescribe regulations for the safe
transportation, including security, of
hazardous materials in intrastate,
interstate, and foreign commerce.
Additionally, 49 U.S.C. 5120 authorizes
the Secretary to consult with interested
international authorities to ensure that,
to the extent practicable, regulations
governing the transportation of
hazardous materials in commerce are
consistent with the standards adopted
by international authorities. The
Secretary has delegated the authority
granted in the Federal Hazardous
Materials Transportation Law to the
PHMSA Administrator at 49 CFR
1.97(b).
B. Executive Orders 12866 and 14094,
and DOT Regulatory Policies and
Procedures
Executive Order 12866 (‘‘Regulatory
Planning and Review’’),32 as amended
by Executive Order 14094
(‘‘Modernizing Regulatory Review’’),33
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
32 58
FR 51735 (Oct. 4, 1993).
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 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).
33 88
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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.
Executive Order 12866 and DOT Order
2100.6A require that PHMSA submit
‘‘significant regulatory actions’’ to the
Office of Management and Budget
(OMB) for review. This rulemaking is
not considered a significant regulatory
action under section 3(f) of Executive
Order 12866 and, therefore, was not
formally reviewed by OMB. This
rulemaking is also not considered a
significant rule under DOT Order
2100.6A.
The following is a brief summary of
costs, savings, and net benefits of some
of the amendments in this final rule.
PHMSA has developed a more detailed
analysis of these costs and benefits in
the RIA, a copy of which has been
placed in the docket.
PHMSA is amending the HMR to
maintain alignment with international
regulations and standards, thereby
maintaining the high safety standard
currently achieved under the HMR;
facilitating the safe transportation of;
and aligning HMR requirements with
anticipated increases in the volume of
lithium batteries transported by
interstate commerce from electrification
of the transportation and other
economic sectors. PHMSA examined the
likely impacts of finalizing and
implementing the provisions in the final
rule in order to assess the benefits and
costs of these amendments. This
analysis allowed PHMSA to
quantitatively assess the material effects
of four of the amendments in the
rulemaking. The effects of six remaining
amendments are not quantified but are
assessed qualitatively.
PHMSA estimates that the net
annualized quantified net cost savings
of this rulemaking, using a 2% discount
rate, are between $6.3 million and $14.7
million per year. The following table
presents a summary of the monetized
impacts that these changes may have.
SUMMARY OF NET REGULATORY COST SAVINGS, DISCOUNT RATE = 2%, 2023–2032
[Millions, 2022$]
10 Year costs
10 Year cost
savings
Low
Low
Amendment
High
10 Year net cost
savings
High
Low
High
Annual
costs
Low
Annual cost
savings
High
Low
Annual net cost
savings
Low
High
1: Incorporation by reference ............................
2: HMT additions ...............................................
3: Self-reactive materials and organic peroxides ................................................................
5: Lithium battery changes ................................
$9.2
0.1
$9
0.1
$0
0
$0
0
$(9)
(0.1)
$(9)
(0.1)
$1
0.01
$1
0.01
$0
0
High
$0
0
$(1)
(0.01)
$(1)
(0.01)
0
5
0
9
0.01
76
0.05
147
0.01
66
0.05
142
0
0.6
0
1
0.001
8.4
0.005
16
0.001
7.4
0.005
16
Total ...........................................................
14.6
18.7
75.6
146.9
56.8
132.3
1.6
2.1
8.4
16.4
6.3
14.7
Note: Values in parenthesis in net cost savings columns indicate costs. Low net cost savings for each amendment are determined by subtracting the highest costs
from the lowest cost savings. High net cost savings are determined by subtracting the lowest costs from the highest cost savings.
The safety and environmental benefits
of the final rule have not been
quantified. However, PHMSA expects
the amendments will help to improve
public safety and reduce the risk of
environmental harm by maintaining
consistency between these international
regulations and the HMR.
Harmonization of the HMR with
international consensus standards could
reduce delays and interruptions of
hazardous materials during
transportation, thereby lowering GHG
emissions and safety risks to
communities (including minority, low
income, underserved, and other
disadvantaged populations and
communities) in the vicinity of interim
storage sites and transportation arteries
and hubs.
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C. Executive Order 13132
PHMSA analyzed this rulemaking in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’) 34 and the
Presidential memorandum
(‘‘Preemption’’) that was published in
the Federal Register on May 22, 2009.35
34 64
35 74
FR 43255 (Aug. 10, 1999).
FR 24693 (May 22, 2009).
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Executive Order 13132 requires agencies
to assure meaningful and timely input
by state and local officials in the
development of regulatory policies that
may have ‘‘substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.’’
The rulemaking may preempt state,
local, and Native American tribe
requirements, but does not amend any
regulation that has substantial direct
effects on the states, the relationship
between the national government and
the states, or the distribution of power
and responsibilities among the various
levels of government. The Federal
Hazardous Materials Transportation
Law contains an express preemption
provision at 49 U.S.C. 5125(b) that
preempts state, local, and tribal
requirements on certain covered
subjects, unless the non-federal
requirements are ‘‘substantively the
same’’ as the federal requirements,
including the following:
(1) The designation, description, and
classification of hazardous material.
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(2) The packing, repacking, handling,
labeling, marking, and placarding of
hazardous material.
(3) The preparation, execution, and
use of shipping documents related to
hazardous material and requirements
related to the number, contents, and
placement of those documents.
(4) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous material.
(5) The design, manufacture,
fabrication, inspection, marking,
maintenance, recondition, repair, or
testing of a packaging or container
represented, marked, certified, or sold
as qualified for use in transporting
hazardous material in commerce.
This final rule addresses covered
subject items (1), (2), (3), (4), and (5)
above, and will preempt state, local, and
tribal requirements not meeting the
‘‘substantively the same’’ standard. In
this instance, the preemptive effect of
the final rule is limited to the minimum
level necessary to achieve the objectives
of the hazardous materials
transportation law under which the
final rule is promulgated. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
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D. Executive Order 13175
PHMSA analyzed this rulemaking in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’) 36
and DOT Order 5301.1A (‘‘Department
of Transportation Tribal Consultation
Policy and Procedures’’). Executive
Order 13175 and DOT Order 5301.1A
require DOT Operating Administrations
to assure meaningful and timely input
from Native American tribal government
representatives in the development of
rules that significantly or uniquely
affect tribal communities by imposing
‘‘substantial direct compliance costs’’ or
‘‘substantial direct effects’’ on such
communities, or the relationship and
distribution of power between the
Federal Government and Native
American tribes.
PHMSA assessed the impact of the
rulemaking and determined that it will
not significantly or uniquely affect tribal
communities or Native American tribal
governments. The changes to the HMR
in this final rule are facially neutral and
will have broad, national scope; it will
neither significantly nor uniquely affect
tribal communities, much less impose
substantial compliance costs on Native
American tribal governments or
mandate tribal action. And because the
rulemaking will not adversely affect the
safe transportation of hazardous
materials generally, it will not entail
disproportionately high adverse risks for
tribal communities. For these reasons,
PHMSA finds that the funding and
consultation requirements of Executive
Order 13175 and DOT Order 5301.1A to
apply.
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E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Policies and
Procedures
The Regulatory Flexibility Act (5
U.S.C. 601, et seq.) requires agencies to
review regulations to assess their impact
on small entities, unless the agency
head certifies that a rulemaking will not
have a significant economic impact on
a substantial number of small entities,
including small businesses; not-forprofit organizations that are
independently owned and operated and
are not dominant in their fields; and
governmental jurisdictions with
populations under 50,000. The
Regulatory Flexibility Act directs
agencies to establish exceptions and
differing compliance standards for small
businesses, where possible to do so and
still meet the objectives of applicable
regulatory statutes. Executive Order
36 65
FR 67249 (Nov. 9, 2000).
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13272 (‘‘Proper Consideration of Small
Entities in Agency Rulemaking’’) 37
requires agencies to establish
procedures and policies to promote
compliance with the Regulatory
Flexibility Act and to ‘‘thoroughly
review draft rules to assess and take
appropriate account of the potential
impact’’ of the rules on small
businesses, governmental jurisdictions,
and small organizations. The DOT posts
its implementing guidance on a
dedicated web page.38
As discussed at length in the RIA, this
rulemaking has been developed in
accordance with Executive Order 13272
and with DOT’s procedures and policies
to promote compliance with the
Regulatory Flexibility Act to ensure that
potential impacts of draft rules on small
entities are properly considered. This
final rule facilitates the transportation of
hazardous materials in international
commerce by providing consistency
with international standards. It applies
to offerors and carriers of hazardous
materials, some of whom are small
entities, such as chemical
manufacturers, users, suppliers,
packaging manufacturers, distributors,
and training companies. As discussed at
length in the RIA found in the
rulemaking docket, the amendments in
this final rule will result in net cost
savings that will ease the regulatory
compliance burden for those and other
entities engaged in domestic and
international commerce, including
trans-border shipments within North
America. Additionally, the changes in
this final rule will relieve U.S.
companies, including small entities
competing in foreign markets, from the
burden of complying with a dual system
of regulations. Therefore, PHMSA
certifies that these amendments will not
have a significant economic impact on
a substantial number of small entities.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501, et seq.), no
person is required to respond to an
information collection unless it has
been approved by OMB and displays a
valid OMB control number. Pursuant to
44 U.S.C. 3506(c)(2)(B) and 5 CFR
1320.8(d), PHMSA must provide
interested members of the public and
affected agencies with an opportunity to
comment on information collection and
recordkeeping requests.
PHMSA has analyzed this final rule in
accordance with the Paperwork
37 67
FR 53461 (Aug. 16, 2002).
‘‘Rulemaking Requirements Related to
Small Entities,’’ www.transportation.gov/
regulations/rulemaking-requirements-concerningsmall-entities.
38 DOT,
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Reduction Act. PHMSA currently
accounts for shipping paper burdens
under OMB Control Number 2137–0034,
‘‘Hazardous Materials Shipping Papers
and Emergency Response Information.’’
PHMSA asserts that some amendments
may impact OMB Control Number
2137–0034, such as the requirement to
indicate the use of Special Provisions
A54 on the shipping papers; however,
PHMSA expects the overall impact to
annual paperwork burden is negligible
in relation to the number of burden
hours currently associated with this
information collection. While PHMSA
expects this amendment to reduce the
burden associated with this information
collection, PHMSA anticipates the
reduction is negligible in relation to the
total burden hours associated with
special permit applications.
Additionally, PHMSA is revising
§ 173.185(c)(4) to require that shippers
and carriers of small lithium batteries
not contained in equipment have
shipping papers and perform NOPIC
checks when transported by air. PHMSA
estimates that 45 domestic airlines
transporting 4,044 shipments of affected
lithium batteries may be affected by this
provision. PHMSA estimates a burden
increase of 16 minutes per shipment, or
64,704 minutes (1,078 hours), in the
first year. PHMSA estimates the
increased burden for this information
collection as follows:
OMB Control No. 2137–0034:
Hazardous Materials Shipping Papers &
Emergency Response Information
Annual increase in number of
respondents: 45.
Annual increase in number of
responses: 4,044.
Annual increase in burden hours:
1,078.
Increase in Annual Burden Cost: $0.
PHMSA accounts for the burden from
approval applications in OMB Control
Number 2137–0557, ‘‘Approvals for
Hazardous Materials.’’ PHMSA also is
adding new entries to the § 173.224 Self
Reactives Table and § 173.225 Organic
Peroxide Table, which PHMSA expects
estimates will decrease the number of
annual approval applicants. However,
PHMSA expects that these changes are
negligible to the overall impact of the
total burden, in relation to the number
of burden hours associated with this
information collection. Based on
estimates provided in the RIA, PHMSA
estimates that this final rule will reduce
the number of approvals by one
annually. PHMSA estimates the
reduction in this information collection
as follows:
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OMB Control No. 2137–0557: Approvals
for Hazardous Materials
Decrease in Annual Number of
Respondents: 1.
Decrease in Annual Responses: 1.
Decrease in Annual Burden Hours:
4.75.
Decrease in Annual Burden Cost: $0.
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G. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (UMRA; 2 U.S.C. 1501, et seq.)
requires agencies to assess the effects of
federal regulatory actions on state, local,
and tribal governments, and the private
sector. For any NPRM or final rule that
includes a federal mandate that may
result in the expenditure by state, local,
and tribal governments, or by the
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, this
rulemaking does not impose unfunded
mandates under the UMRA. It will not
result in costs of $100 million or more
in 1996 dollars to either state, local, or
tribal governments, or to the private
sector, in any one year. A copy of the
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 if the
action would have a significant impact
on the human environment. The
Council on Environmental Quality
implementing regulations (40 CFR, parts
1500–1508) require federal agencies to
conduct an environmental review
considering (1) the need for the action,
(2) alternatives to the action, (3)
probable environmental impacts of the
action and alternatives, and (4) the
agencies and persons consulted during
the consideration process. DOT Order
5610.1C (‘‘Procedures for Considering
Environmental Impacts’’) establishes
departmental procedures for evaluation
of environmental impacts under NEPA
and its implementing regulations. This
Environmental Assessment incorporates
by reference the analysis discussing
safety impacts that is included in the
preamble language above.
1. Purpose and Need
This final rule amends the HMR to
maintain alignment with international
consensus standards by incorporating
into the HMR various amendments,
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including changes to proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, air transport quantity
limitations, and vessel stowage
requirements. PHMSA notes that the
amendments in this final rule are
intended to result in cost savings and
reduced regulatory burden for shippers
engaged in domestic and international
commerce, including trans-border
shipments within North America.
Absent adoption of the amendments in
the final rule, U.S. companies—
including numerous small entities
competing in foreign markets—may be
at an economic disadvantage because of
their need to comply with a dual system
of regulations. Further, among the HMR
amendments introduced in this
rulemaking are those aligning HMR
requirements with anticipated increases
in the volume of lithium batteries
transported in interstate commerce,
from electrification of the transportation
and other economic sectors.
As explained at greater length above
in the preamble of this final and in the
RIA (each of which is incorporated by
reference in this discussion of the
environmental impacts of the Final
Action Alternative), PHMSA finds that
the adoption of the regulatory
amendments in this final rule maintains
the high safety standard currently
achieved under the HMR. PHMSA has
evaluated the safety of each of the
amendments in this final rule on its
own merit, as well as the aggregate
impact on transportation safety from
adoption of those amendments.
2. Alternatives
In this rulemaking, PHMSA
considered the following alternatives:
No Action Alternative
If PHMSA were to select the No
Action Alternative, current regulations
remain in place and no provisions are
amended or added.
Final Action Alternative
This alternative is the current
amendments as they appear in this final
rule, applying to transport of hazardous
materials by various transport modes
(highway, rail, vessel, and aircraft). The
amendments included in this alternative
are more fully discussed in the
preamble and regulatory text sections of
this final rule.
3. Reasonably Foreseeable
Environmental Impacts of the
Alternatives
No Action Alternative
If PHMSA were to select the No
Action Alternative, the HMR remains
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unchanged, and no provisions would be
amended or added. However, any
economic benefits gained through
harmonization of the HMR with
updated international consensus
standards (including, but not limited to,
the 22nd revised edition of the UN
Model Regulations, the 2023–2024
ICAO Technical Instructions, and
amendment 41–22 of the IMDG Code)
governing shipping of hazardous
materials would not be realized.
Additionally, the No Action
Alternative would not adopt enhanced
and clarified regulatory requirements
expected to maintain the high level of
safety in transportation of hazardous
materials provided by the HMR. As
explained in the preamble to the final
rule, consistency between the HMR and
current international standards can
enhance safety by:
(1) Ensuring the HMR is informed by
the latest best practices and lessons
learned.
(2) Improving understanding of, and
compliance with, pertinent
requirements.
(3) Enabling consistent emergency
response procedures in the event of a
hazardous materials incident.
(4) Facilitating the smooth flow of
hazardous materials from their points of
origin to their points of destination,
thereby avoiding risks to the public and
the environment from release of
hazardous materials from delays or
interruptions in the transportation of
those materials.
PHMSA would not capture those
benefits if it were to pass on
incorporating updated international
standards into the HMR under the No
Action Alternative.
PHMSA expects that the No Action
Alternative could have a modest impact
on GHG emissions. Because PHMSA
expects that the differences between the
HMR and international standards for
transportation of hazardous materials
could result in transportation delays or
interruptions, PHMSA anticipates that
there could be modestly higher GHG
emissions from some combination of
transfer of delayed hazardous materials
to and from interim storage, return of
improperly shipped materials to their
point of origin, and reshipment of
returned materials. PHMSA notes that it
is unable to quantify such GHG
emissions because of the difficulty in
identifying the precise quantity or
characteristics of such interim storage or
returns/re-shipments. PHMSA also
submits that, as explained at greater
length in Section IV.J., to the extent that
there are any delays arising from
inconsistencies between the HMR and
recently updated international
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standards, there could also be adverse
impacts from the No Action Alternative
for minority populations, low-income
populations, or other underserved and
other disadvantaged communities.
4. Environmental Justice
Executive Order 12898 (‘‘Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations’’),39 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 E.O. 12898 promoting the
principles of environmental justice
through full consideration of
environmental justice principles
throughout planning and decisionmaking processes in the development of
programs, policies, and activities—
including PHMSA rulemaking.
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
facially neutral and national in scope; it
is neither directed toward a particular
population, region, or community, nor
is it expected to adversely impact any
particular population, region, or
community. And because the
rulemaking will 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
39 59
FR 7629 (Feb. 16, 1994).
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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 expects
that these HMR amendments will yield
modest GHG emissions reductions,
thereby reducing the risks posed by
anthropogenic climate change to
minority, low-income, underserved, and
other disadvantaged populations and
communities.
interim storage or returns/re-shipments.
Lastly, PHMSA also submits that, as
explained at greater length in Section
IV.J., the Final Action Alternative would
avoid any delayed or interrupted
shipments arising from the divergence
of the HMR from updated international
standards under the No Action
Alternative that could result in adverse
impacts for minority populations, lowincome populations, or other
underserved and other disadvantaged
communities.
5. Final Action Alternative
As explained further in the
discussions in each of the No Action
Alternative above, the preamble, and the
RIA, PHMSA finds the changes under
the Final Action Alternative will
maintain the high safety standards
currently achieved under the HMR.
Harmonization of the HMR with
updated international consensus
standards is also expected to capture
economic efficiencies gained from
avoiding shipping delays and
compliance costs associated with having
to comply with divergent U.S. and
international regulatory regimes for
transportation of hazardous materials.
Further, PHMSA expects revision of the
HMR in the final rule will accommodate
safe transportation of emerging
technologies (in particular components
of lithium battery technologies) and
facilitate safe shipment of hazardous
materials.
PHMSA expects that the Final Action
Alternative could realize modest
reductions in GHG emissions. Because
PHMSA expects that the differences
between the HMR and international
standards for transportation of
hazardous materials could result in
delays or interruptions, PHMSA
anticipates that the No Action
Alternative could result in modestly
higher GHG emissions from some
combination of transfer of delayed
hazardous materials to and from interim
storage, return of improperly shipped
materials to their point of origin, or
reshipment of returned materials. The
Final Action Alternative avoids those
risks resulting from divergence of the
HMR from updated international
standards. PHMSA notes, however, that
it is unable to quantify any GHG
emissions benefits because of the
difficulty in identifying the precise
quantity or characteristics of such
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
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’’) 40 by achieving several goals,
including continuing to deepen the
Biden-Harris Administration’s whole of
government approach to environmental
justice and to better protect
overburdened communities from
pollution and environmental harms.
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6. Agencies Consulted
PHMSA has coordinated with FAA,
FMCSA, FRA, and USCG in the
development of this final rule.
7. Finding of No Significant Impact
I. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit and including any personal
information that the commenter
includes, in the system of records
notice. DOT’s complete Privacy Act
Statement is in the Federal Register
published on April 11, 2000,41 or on
DOT’s website at https://www.dot.gov/
privacy.
40 88
41 65
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J. Executive Order 13609 and
International Trade Analysis
Executive Order 13609 (‘‘Promoting
International Regulatory
Cooperation’’) 42 requires that agencies
consider whether the impacts associated
with significant variations between
domestic and international regulatory
approaches are unnecessary or may
impair the ability of American business
to export and compete internationally.
In meeting shared challenges involving
health, safety, labor, security,
environmental, and other issues,
international regulatory cooperation can
identify approaches that are at least as
protective as those that are or would be
adopted in the absence of such
cooperation. International regulatory
cooperation can also reduce, eliminate,
or prevent unnecessary differences in
regulatory requirements.
Similarly, the Trade Agreements Act
of 1979 (Pub. L. 96–39), as amended by
the Uruguay Round Agreements Act
(Pub. L. 103–465) (as amended, the
Trade Agreements Act), prohibits
agencies from establishing any
standards or engaging in related
activities that create unnecessary
obstacles to the foreign commerce of the
United States. Pursuant to the Trade
Agreements Act, the establishment of
standards is not considered an
unnecessary obstacle to the foreign
commerce of the United States, so long
as the standards have a legitimate
domestic objective—such as providing
for safety—and do not operate to
exclude imports that meet this objective.
The statute also requires consideration
of international standards and, where
appropriate, that they be the basis for
U.S. standards.
PHMSA participates in the
establishment of international standards
to protect the safety of the American
public, and it has assessed the effects of
the final rule to ensure that it does not
cause unnecessary obstacles to foreign
trade. In fact, the final rule is expected
to facilitate international trade by
harmonizing U.S. and international
requirements for the transportation of
hazardous materials so as to reduce
regulatory burdens and minimize delays
arising from having to comply with
divergent regulatory requirements.
Accordingly, this rulemaking is
consistent with Executive Order 13609
and PHMSA’s obligations under the
Trade Agreements Act.
K. National Technology Transfer and
Advancement Act
The National Technology Transfer
and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies
to use voluntary consensus standards in
their regulatory activities, unless doing
so would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specification
of materials, test methods, or
performance requirements) that are
developed or adopted by voluntary
consensus standard bodies. This
rulemaking involves multiple voluntary
consensus standards, which are
discussed at length in the discussion on
§ 171.7. See Section 171.7 of the
Section-by-Section Review for further
details.
L. Executive Order 13211
Executive Order 13211 (‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’) 43 requires federal
agencies to prepare a Statement of
Energy Effects for any ‘‘significant
energy action.’’ Executive Order 13211
defines a ‘‘significant energy action’’ as
any action by an agency (normally
published in the Federal Register) that
promulgates, or is expected to lead to
the promulgation of, a final rule or
regulation that (1)(i) is a significant
regulatory action under Executive Order
12866 or any successor order, and (ii) is
likely to have a significant adverse effect
on the supply, distribution, or use of
energy (including a shortfall in supply,
price increases, and increased use of
foreign supplies); or (2) is designated by
the Administrator of the Office of
Information and Regulatory Affairs
(OIRA) as a significant energy action.
This final rule is not a significant
action under Executive Order 12866,
nor is it expected to have an annual
effect on the economy of $100 million.
Further, this final rule will not have a
significant adverse effect on the supply,
distribution, or use of energy in the
United States. The Administrator of
OIRA has not designated the final rule
as a significant energy action. For
additional discussion of the anticipated
economic impact of this rulemaking,
please review the RIA posted in the
rulemaking docket.
M. Cybersecurity and Executive Order
14028
Executive Order 14028 (‘‘Improving
the Nation’s Cybersecurity’’) 44 directed
the federal government to improve its
43 66
42 77
FR 26413 (May. 4, 2012).
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FR 26633 (May 17, 2021).
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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.
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 171
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Incorporation by reference,
Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Incorporation by reference, Labeling,
Markings, Packaging and containers,
Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation,
Incorporation by reference, Packaging
and containers, Radioactive materials,
Reporting and recordkeeping
requirements.
49 CFR Part 175
Air carriers, Hazardous materials
transportation, Incorporation by
reference, Radioactive materials,
Reporting and recordkeeping
requirements.
49 CFR Part 176
Cargo vessels, Hazardous materials
transportation, Incorporation by
reference, Maritime carriers, Radioactive
materials, Reporting and recordkeeping
requirements.
49 CFR Part 178
Hazardous materials transportation,
Incorporation by reference, Motor
vehicle safety, Packaging and
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containers, Reporting and recordkeeping
requirements.
49 CFR Part 180
Hazardous materials transportation,
Incorporation by reference, Motor
carriers, Motor vehicle safety, Packaging
and containers, Reporting and
recordkeeping requirements.
In consideration of the foregoing,
PHMSA is amending 49 CFR chapter I
as follows:
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 section 4; Pub. L. 104–134,
section 31001; Pub. L. 114–74 section 701 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
2. In § 171.7:
a. Revise paragraphs (t)(1), (v)(2), and
(w)(32) through (81);
■ b. Add paragraphs (w)(82) through
(92); and
■ c. Revise paragraphs (aa)(3) and
(dd)(1) through (4).
The revisions and additions read as
follows:
■
■
§ 171.7
Reference material.
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*
*
*
*
*
(t) * * *
(1) ICAO Doc 9284 Technical
Instructions for the Safe Transport of
Dangerous Goods by Air, 2023–2024
Edition, 2022; into §§ 171.8; 171.22
through 171.24; 172.101; 172.202;
172.401; 172.407; 172.512; 172.519;
172.602; 173.56; 173.320; 175.10,
175.33; 178.3.
*
*
*
*
*
(v) * * *
(2) International Maritime Dangerous
Goods Code (IMDG Code), Incorporating
Amendment 41–22 (English Edition),
2022 Edition; 2022; into §§ 171.22;
171.23; 171.25; 172.101; 172.202;
172.203; 172.401; 172.407; 172.502;
172.519; 172.602; 173.21; 173.56; 176.2;
176.5; 176.11; 176.27; 176.30; 176.83;
176.84; 176.140; 176.720; 176.906;
178.3; 178.274.
(i) Volume 1, Incorporating
Amendment 41–22 (Vol. 1).
(ii) Volume 2, Incorporating
Amendment 41–22 (Vol. 2).
(w) * * *
(32) ISO 9809–1:2019(E), Gas
cylinders—Design, construction and
testing of refillable seamless steel gas
cylinders and tubes—Part 1: Quenched
and tempered steel cylinders and tubes
with tensile strength less than 1100
MPa, Third edition, 2019–08; into
§§ 178.37; 178.71; 178.75.
(33) ISO 9809–2:2000(E): Gas
cylinders—Refillable seamless steel gas
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cylinders—Design, construction and
testing—Part 2: Quenched and tempered
steel cylinders with tensile strength
greater than or equal to 1 100 MPa., First
edition, June 2000; into §§ 178.71;
178.75.
(34) ISO 9809–2:2010(E): Gas
cylinders—Refillable seamless steel gas
cylinders—Design, construction and
testing—Part 2: Quenched and tempered
steel cylinders with tensile strength
greater than or equal to 1100 MPa.,
Second edition, 2010–04; into §§ 178.71;
178.75.
(35) ISO 9809–2:2019(E): Gas
cylinders—Design, construction and
testing of refillable seamless steel gas
cylinders and tubes—Part 2: Quenched
and tempered steel cylinders and tubes
with tensile strength greater than or
equal to 1100 MPa, Third edition, 2019–
08; into §§ 178.71; 178.75.
(36) ISO 9809–3:2000(E): Gas
cylinders—Refillable seamless steel gas
cylinders—Design, construction and
testing—Part 3: Normalized steel
cylinders, First edition, December 2000;
into §§ 178.71; 178.75.
(37) ISO 9809–3:2010(E): Gas
cylinders—Refillable seamless steel gas
cylinders—Design, construction and
testing—Part 3: Normalized steel
cylinders, Second edition, 2010–04; into
§§ 178.71; 178.75.
(38) ISO 9809–3:2019(E), Gas
cylinders—Design, construction and
testing of refillable seamless steel gas
cylinders and tubes—Part 3: Normalized
steel cylinders and tubes, Third edition,
2019–08; into §§ 178.71; 178.75
(39) ISO 9809–4:2014(E), Gas
cylinders—Refillable seamless steel gas
cylinders—Design, construction, and
testing—Part 4: Stainless steel cylinders
with an Rm value of less than 1 100
MPa, First edition, 2014–07; into
§§ 178.71; 178.75.
(40) ISO 9978:1992(E), Radiation
protection—Sealed radioactive
sources—Leakage test methods. First
edition, (February 15, 1992); into
§ 173.469.
(41) ISO 10156:2017(E), Gas
cylinders—Gases and gas mixtures—
Determination of fire potential and
oxidizing ability for the selection of
cylinder valve outlets, Fourth edition,
2017–07; into § 173.115.
(42) ISO 10297:1999(E), Gas
cylinders—Refillable gas cylinder
valves—Specification and type testing,
First edition, 1995–05; into §§ 173.301b;
178.71.
(43) ISO 10297:2006(E), Transportable
gas cylinders—Cylinder valves—
Specification and type testing, Second
edition, 2006–01; into §§ 173.301b;
178.71.
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25469
(44) ISO 10297:2014(E), Gas
cylinders—Cylinder valves—
Specification and type testing, Third
edition, 2014–07; into §§ 173.301b;
178.71.
(45) ISO 10297:2014/Amd 1:2017(E),
Gas cylinders—Cylinder valves—
Specification and type testing—
Amendment 1: Pressure drums and
tubes, Third edition, 2017–03; into
§§ 173.301b; 178.71.
(46) ISO 10461:2005(E), Gas
cylinders—Seamless aluminum-alloy
gas cylinders—Periodic inspection and
testing, Second Edition, 2005–02 and
Amendment 1, 2006–07; into § 180.207.
(47) ISO 10462:2013(E), Gas
cylinders—Acetylene cylinders—
Periodic inspection and maintenance,
Third edition, 2013–12–15; into
§ 180.207.
(48) ISO 10462:2013/Amd 1:2019(E),
‘‘Gas cylinders—Acetylene cylinders—
Periodic inspection and maintenance,
Third edition, 2013–12–15, Amendment
1, 2019–06; into § 180.207.
(49) ISO 10692–2:2001(E), Gas
cylinders—Gas cylinder valve
connections for use in the microelectronics industry—Part 2:
Specification and type testing for valve
to cylinder connections, First edition,
2001–08; into §§ 173.40; 173.302c.
(50) ISO 11114–1:2012(E), Gas
cylinders—Compatibility of cylinder
and valve materials with gas contents—
Part 1: Metallic materials, Second
edition, 2012–03; into §§ 172.102;
173.301b; 178.71.
(51) ISO 11114–1:2012/Amd
1:2017(E), Gas cylinders—Compatibility
of cylinder and valve materials with gas
contents—Part 1: Metallic materials—
Amendment 1, Second edition, 2017–
01; into §§ 172.102, 173.301b, 178.71.
(52) ISO 11114–2:2013(E), Gas
cylinders—Compatibility of cylinder
and valve materials with gas contents—
Part 2: Non-metallic materials, Second
edition, 2013–04; into §§ 173.301b;
178.71.
(53) ISO 11117:1998(E): Gas
cylinders—Valve protection caps and
valve guards for industrial and medical
gas cylinders—Design, construction,
and tests, First edition, 1998–08–01;
into § 173.301b.
(54) ISO 11117:2008(E): Gas
cylinders—Valve protection caps and
valve guards—Design, construction, and
tests, Second edition, 2008–09; into
§ 173.301b.
(55) ISO 11117:2008/Cor.1:2009(E):
Gas cylinders—Valve protection caps
and valve guards—Design, construction,
and tests, Technical Corrigendum 1,
2009–05; into § 173.301b.
(56) ISO 11117:2019(E), ‘‘Gas
cylinders—Valve protection caps and
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guards—Design, construction and tests,
2019–11; into § 173.301b
(57) ISO 11118(E), Gas cylinders—
Non-refillable metallic gas cylinders—
Specification and test methods, First
edition, October 1999; into § 178.71.
(58) ISO 11118:2015(E), Gas
cylinders—Non-refillable metallic gas
cylinders—Specification and test
methods, Second edition, 2015–09; into
§§ 173.301b; 178.71.
(59) ISO 11118:2015/Amd 1:2019(E),
Gas cylinders—Non-refillable metallic
gas cylinders—Specification and test
methods, Second edition, 2015–09–15—
Amendment 1, 2019–10; into
§§ 173.301b; 178.71.
(60) ISO 11119–1(E), Gas cylinders—
Gas cylinders of composite
construction—Specification and test
methods—Part 1: Hoop-wrapped
composite gas cylinders, First edition,
May 2002, into § 178.71.
(61) ISO 11119–1:2012(E), Gas
cylinders—Refillable composite gas
cylinders and tubes—Design,
construction, and testing—Part 1: Hoop
wrapped fibre reinforced composite gas
cylinders and tubes up to 450 L, Second
edition, 2012–08; into §§ 178.71; 178.75.
(62) ISO 11119–2(E), Gas cylinders—
Gas cylinders of composite
construction—Specification and test
methods—Part 2: Fully wrapped fibre
reinforced composite gas cylinders with
load-sharing metal liners, First edition,
May 2002; into § 178.71.
(63) ISO 11119–2:2012(E), Gas
cylinders—Refillable composite gas
cylinders and tubes—Design,
construction, and testing—Part 2: Fully
wrapped fibre reinforced composite gas
cylinders and tubes up to 450 l with
load-sharing metal liners, Second
edition, 2012–07; into §§ 178.71; 178.75.
(64) ISO 11119–2:2012/
Amd.1:2014(E), Gas cylinders—
Refillable composite gas cylinders and
tubes—Design, construction and
testing—Part 2: Fully wrapped fibre
reinforced composite gas cylinders and
tubes up to 450 l with load-sharing
metal liners, Amendment 1, 2014–08;
into §§ 178.71; 178.75.
(65) ISO 11119–3(E), Gas cylinders of
composite construction—Specification
and test methods—Part 3: Fully
wrapped fibre reinforced composite gas
cylinders with non-load-sharing
metallic or non-metallic liners, First
edition, September 2002; into § 178.71.
(66) ISO 11119–3:2013(E), Gas
cylinders—Refillable composite gas
cylinders and tubes—Design,
construction and testing—Part 3: Fully
wrapped fibre reinforced composite gas
cylinders and tubes up to 450 l with
non-load-sharing metallic or non-
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metallic liners, Second edition, 2013–
04; into §§ 178.71; 178.75.
(67) ISO 11119–4:2016(E), Gas
cylinders—Refillable composite gas
cylinders—Design, construction, and
testing—Part 4: Fully wrapped fibre
reinforced composite gas cylinders up to
150 l with load-sharing welded metallic
liners, First edition, 2016–02; into
§ 178.71; 178.75.
(68) ISO 11120(E), Gas cylinders—
Refillable seamless steel tubes of water
capacity between 150 l and 3000 l—
Design, construction, and testing, First
Edition, 1999–03; into §§ 178.71;
178.75.
(69) ISO 11120:2015(E), Gas
cylinders—Refillable seamless steel
tubes of water capacity between 150 l
and 3000 l—Design, construction, and
testing, Second edition, 2015–02; into
§§ 178.71; 178.75.
(70) ISO 11513:2011(E), Gas
cylinders—Refillable welded steel
cylinders containing materials for subatmospheric gas packaging (excluding
acetylene)—Design, construction,
testing, use, and periodic inspection,
First edition, 2011–09; into §§ 173.302c;
178.71; 180.207.
(71) ISO 11513:2019(E), Gas
cylinders—Refillable welded steel
cylinders containing materials for subatmospheric gas packaging (excluding
acetylene)—Design, construction,
testing, use, and periodic inspection,
Second edition, 2019–09; into
§§ 173.302c; 178.71; 180.207.
(72) ISO 11621(E), Gas cylinders—
Procedures for change of gas service,
First edition, April 1997; into
§§ 173.302, 173.336, 173.337.
(73) ISO 11623(E), Transportable gas
cylinders—Periodic inspection and
testing of composite gas cylinders, First
edition, March 2002; into § 180.207.
(74) ISO 11623:2015(E), Gas
cylinders—Composite construction—
Periodic inspection and testing, Second
edition, 2015–12; into § 180.207.
(75) ISO 13340:2001(E), Transportable
gas cylinders—Cylinder valves for nonrefillable cylinders—Specification and
prototype testing, First edition, 2004–
04; into § 178.71.
(76) ISO 13736:2008(E),
Determination of flash point—Abel
closed-cup method, Second Edition,
2008–09; into § 173.120.
(77) ISO 14246:2014(E), Gas
cylinders—Cylinder valves—
Manufacturing tests and examination,
Second Edition, 2014–06; into § 178.71.
(78) ISO 14246:2014/Amd 1:2017(E),
Gas cylinders—Cylinder valves—
Manufacturing tests and examinations—
Amendment 1, Second edition, 2017–
06; into § 178.71.
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(79) ISO 16111:2008(E), Transportable
gas storage devices—Hydrogen absorbed
in reversible metal hydride, First
edition, 2008–11; into §§ 173.301b;
173.311; 178.71.
(80) ISO 16111:2018(E), Transportable
gas storage devices—Hydrogen absorbed
in reversible metal hydride, Second
edition, 2018–08; into §§ 173.301b;
173.311; 178.71.
(81) ISO 16148:2016(E), Gas
cylinders—Refillable seamless steel gas
cylinders and tubes—Acoustic emission
examination (AT) and follow-up
ultrasonic examination (UT) for periodic
inspection and testing, Second edition,
2016–04; into § 180.207.
(82) ISO 17871:2015(E), Gas
cylinders—Quick-release cylinder
valves—Specification and type testing,
First edition, 2015–08; into § 173.301b.
(83) ISO 17871:2020(E), Gas
cylinders—Quick-release cylinder
valves—Specification and type testing,
Second edition, 2020–07; into
§ 173.301b.
(84) ISO 17879:2017(E), Gas
cylinders—Self-closing cylinder
valves—Specification and type testing,
First edition, 2017–07; into §§ 173.301b;
178.71.
(85) ISO 18172–1:2007(E), Gas
cylinders—Refillable welded stainless
steel cylinders—Part 1: Test pressure 6
MPa and below, First Edition, 2007–03–
01; into § 178.71.
(86) ISO 20475:2018(E), Gas
cylinders—Cylinder bundles—Periodic
inspection and testing, First edition,
2018–02; into § 180.207.
(87) ISO 20703:2006(E), Gas
cylinders—Refillable welded
aluminum-alloy cylinders—Design,
construction, and testing, First Edition,
2006–05; into § 178.71.
(88) ISO 21172–1:2015(E), Gas
cylinders—Welded steel pressure drums
up to 3,000 litres capacity for the
transport of gases—Design and
construction—Part 1: Capacities up to
1000 litres, First edition, 2015–04; into
§ 178.71.
(89) ISO 21172–1:2015/Amd
1:2018(E), Gas cylinders—Welded steel
pressure drums up to 3000 litres
capacity for the transport of gases—
Design and construction—Part 1:
Capacities up to 1000 litres, First
edition, 2015–04–01, Amendment
1,2018–11; into § 178.71.
(90) ISO 22434:2006(E), Transportable
gas cylinders—Inspection and
maintenance of cylinder valves, First
edition, 2006–09; into § 180.207.
(91) ISO 23088:2020, Gas cylinders—
Periodic inspection and testing of
welded steel pressure drums—
Capacities up to 1000 l, First edition,
2020–02; into § 180.207.
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(92) ISO/TR 11364:2012(E), Gas
cylinders—Compilation of national and
international valve stem/gas cylinder
neck threads and their identification
and marking system, First edition,
2012–12; into § 178.71.
*
*
*
*
*
(aa) * * *
(3) Test No. 439: In Vitro Skin
Irritation: Reconstructed Human
Epidermis (RHE) Test Method, OECD
Guidelines for the Testing of Chemicals,
29 July 2015; into § 173.137.
*
*
*
*
*
(dd) * * *
(1) UN Recommendations on the
Transport of Dangerous Goods, Model
Regulations (UN Recommendations),
22nd revised edition, (2021); into
§§ 171.8; 171.12; 172.202; 172.401;
172.407; 172.502; 172.519; 173.22;
173.24; 173.24b; 173.40; 173.56;
173.192; 173.302b; 173.304b; 178.75;
178.274 as follows:
(i) Volume I, ST/SG/AC.10/1/Rev.22
(Vol. I).
(ii) Volume II, ST/SG/AC.10/1/Rev.22
(Vol. II).
(2) Manual of Tests and Criteria; into
§§ 171.24, 172.102; 173.21; 173.56;
173.57; 173.58; 173.60; 173.115;
173.124; 173.125; 173.127; 173.128;
173.137; 173.185; 173.220; 173.221;
173.224; 173.225; 173.232; part 173,
appendix H; 175.10; 176.905; 178.274 as
follows:
(i) Seventh revised edition (2019).
(ii) Seventh Revised Edition,
Amendment 1 (2021).
(3) Globally Harmonized System of
Classification and Labelling of
Chemicals (GHS), 9th Revised Edition,
ST/SG/AC.10/30/Rev.9 (2021); into
§ 172.401.
25471
(4) Agreement concerning the
International Carriage of Dangerous
Goods by Road (ADR), copyright 2020;
into §§ 171.8; 171.23 as follows:
(i) Volume I, ECE/TRANS/300 (Vol. I).
(ii) Volume II, ECE/TRANS/300 (Vol.
II).
(iii) Corrigendum, ECE/TRANS/300
(Corr. 1).
*
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*
*
■ 3. In § 171.12, revise paragraph
(a)(4)(iii) to read as follows:
§ 171.12
North American Shipments.
*
*
*
*
*
(a) * * *
(4) * * *
(iii) Authorized CRC, BTC, CTC, or TC
specification cylinders that correspond
with a DOT specification cylinder are as
follows:
TABLE 1 TO PARAGRAPH (a)(4)(iii): CORRESPONDING SPECIFICATION CYLINDERS
DOT
(some or all of these specifications
may instead be marked with the
prefix ICC)
CTC
(some or all of these specifications
may instead be marked with the
prefix BTC or CRC)
DOT–3A [ICC–3]
DOT–3AA
DOT–3BN
DOT–3E
DOT–3HT
DOT–3AL
DOT–3B
DOT–3AX
DOT–3AAX
DOT–3A480X
DOT–3T
DOT–4AA480
DOT–4B
DOT–4B240ET
DOT–4BA
DOT–4BW
DOT–4D
DOT–4DA
DOT–4DS
DOT–4E
DOT–39
DOT–4L
DOT–8
DOT–8AL
CTC–3A
CTC–3AA
CTC–3BN
CTC–3E
CTC–3HT
CTC–3AL
CTC–3B
CTC–3AX
CTC–3AAX
CTC–3A480X
............................................................
CTC–4AA480
CTC–4B
CTC–4B240ET
CTC–4BA
CTC–4BW
CTC–4D
CTC–4DA
CTC–4DS
CTC–4E
CTC–39
CTC–4L
CTC–8
CTC–8AL
(TPED), and that comply with the
requirements of Packing Instruction
P200 or P208, and 6.2 of the Agreement
Concerning the International Carriage of
Dangerous Goods by Road (ADR) (IBR,
see § 171.7), concerning pressure relief
device use, test period, filling ratios, test
pressure, maximum working pressure,
and material compatibility for the lading
contained or gas being filled, are
authorized as follows:
(i) Filled cylinders imported for
intermediate storage, transport to point
of use, discharge, and export without
further filling; and
(ii) Cylinders imported or
domestically sourced for the purpose of
filling, intermediate storage, and export.
(iii) The bill of lading or other
shipping paper must identify the
cylinder and include the following
certification: ‘‘This cylinder (These
cylinders) conform(s) to the
requirements for pi-marked cylinders
found in § 171.23(a)(3).’’
*
*
*
*
*
■ 5. In § 171.25:
■ a. Revise paragraphs (c)(3) and (4);
and
■ b. Add paragraph (c)(5).
TC
TC–3AM ...........................................................................................
TC–3AAM ........................................................................................
TC–3ANM ........................................................................................
TC–3EM ...........................................................................................
TC–3HTM ........................................................................................
TC–3ALM .........................................................................................
TC–3AXM ........................................................................................
TC–3AAXM ......................................................................................
TC–3TM ...........................................................................................
TC–4AAM33 ....................................................................................
TC–4BM ...........................................................................................
TC–4BM17ET ..................................................................................
TC–4BAM ........................................................................................
TC–4BWM .......................................................................................
TC–4DM ...........................................................................................
TC–4DAM ........................................................................................
TC–4DSM ........................................................................................
TC–4EM ...........................................................................................
TC–39M ...........................................................................................
TC–4LM ...........................................................................................
TC–8WM ..........................................................................................
TC–8WAM .......................................................................................
*
*
*
*
*
4. In § 171.23, revise paragraph (a)(3)
to read as follows:
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§ 171.23 Requirements for specific
materials and packagings transported
under the ICAO Technical Instructions,
IMDG Code, Transport Canada TDG
Regulations, or the IAEA Regulations.
(a) * * *
(3) Pi-marked cylinders. Cylinders
with a water capacity not exceeding 150
L and that are marked with a pi mark,
in accordance with the European
Directive 2010/35/EU (IBR, see § 171.7),
on transportable pressure equipment
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To read as follows:
§ 171.25 Additional requirements for the
use of the IMDG Code.
*
*
*
*
(c) * * *
(3) Except as specified in this subpart,
for a material poisonous (toxic) by
inhalation, the T Codes specified in
Column 13 of the Dangerous Goods List
in the IMDG Code may be applied to the
transportation of those materials in IM,
IMO, and DOT Specification 51 portable
tanks, when these portable tanks are
authorized in accordance with the
requirements of this subchapter;
(4) No person may offer an IM or UN
portable tank containing liquid
hazardous materials of Class 3, PG I or
II, or PG III with a flash point less than
100 °F (38 °C); Division 5.1, PG I or II;
or Division 6.1, PG I or II, for unloading
while it remains on a transport vehicle
with the motive power unit attached,
unless it conforms to the requirements
in § 177.834(o) of this subchapter; and
(5) No person may offer a UN fiberreinforced plastic portable tank meeting
the provisions of Chapter 6.10 of the
IMDG Code (IBR, see § 171.7), except for
transportation falling within the single
port area criteria in paragraph (d) of this
section.
*
*
*
*
*
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PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
6. The authority citation for part 172
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.81, 1.96 and 1.97.
7. In § 172.101:
a. Revise the section heading and
paragraph (c)(12)(ii); and
■ b. In the Hazardous Materials Table,
remove the entries under ‘‘[REMOVE]’’,
add the entries under ‘‘[ADD]’’, and
revise entries under ‘‘[REVISE]’’ in the
appropriate alphabetical sequence.
The additions and revisions read as
follows:
■
■
§ 172.101 Purpose and use of the
hazardous materials table.
*
*
*
*
*
(c) * * *
(12) * * *
(ii) Generic or n.o.s. descriptions. If an
appropriate technical name is not
shown in the Table, selection of a
proper shipping name shall be made
from the generic or n.o.s. descriptions
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corresponding to the specific hazard
class, packing group, hazard zone, or
subsidiary hazard, if any, for the
material. The name that most
appropriately describes the material
shall be used, e.g., an alcohol not listed
by its technical name in the Table shall
be described as ‘‘Alcohol, n.o.s.’’ rather
than ‘‘Flammable liquid, n.o.s.’’ Some
mixtures may be more appropriately
described according to their application,
such as ‘‘Coating solution’’ or ‘‘Extracts,
liquid, for flavor or aroma,’’ rather than
by an n.o.s. entry, such as ‘‘Flammable
liquid, n.o.s.’’ It should be noted,
however, that an n.o.s. description as a
proper shipping name may not provide
sufficient information for shipping
papers and package markings. Under the
provisions of subparts C and D of this
part, the technical name of one or more
constituents that makes the product a
hazardous material may be required in
association with the proper shipping
name.
*
*
*
*
*
§ 172.101
Hazardous Materials Table
BILLING CODE 4910–60–P
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Hazardous materials
descriptions and
proper shipping
names
Symbols
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I
I
I
Hazard
class or
division
Identification
Numbers
PG
Label
Codes
Special
Provisions
(§ 172.102)
(3)
(4)
(5)
(6)
(7)
I
4.1
II
6.1
(])
(2)
[REMOVE]
G
Desensitized
explosives, solid,
n.o.s.
4.1
UN3380
Ethyl bromide
6.1
UNl891
aromatic,
3
UN1169
II
3
aromatic,
3
UN1169
III
3
flavoring,
3
UN1197
II
3
flavoring,
3
UN1197
III
3
•
•
•
Hypochlorite
solutions
8
•
UN1791
None
•
8
•
(SB)
(SC)
211
None
202
243
(9)
Quantity limitations
(see§§ 173.27 and
175.75)
Passenger
Cargo airaircraft/rail
craft only
(9A)
(9B)
•
•
153
149, IB2, T4,
TPI, TP8
Bl, IB3, T2,
TPl
149, IB2, T4,
TPI, TP8
Bl, IB3, T2,
TPI
150
202
150
(10)
Vessel stowage
Location
Other
(JOA)
(JOB)
D
28, 36
•
Forbidden
•
IB2, JPS, T7,
TP2, TPl3
•
Forbidden
•
•
5L
60 L
242
5L
60 L
B
203
242
60L
220 L
A
150
202
242
5L
60 L
B
150
203
242
60L
220 L
A
•
•
II
Bulk
•
164,197
•
•
Nonbulk
(SA)
•
•
•
Exceptions
•
•
•
Extracts,
liquid
Extracts,
liquid
Extracts,
liquid
Extracts,
liquid
(8)
Packaging
(§ 173. ***)
•
•
148, A7, B2,
Bl5, IB2, IP5,
N34, T7, TP2,
TP24
154
164,197
None
IP22, TP33
None
•
242
40, 85
•
•
202
B
•
•
1L
•
30L
•
B
26, 53,
58
•
•
[ADD]
G
•
Desensitized
explosive, solid,
n.o.s.
4.1
UN3380
Cobalt dihydroxide
powder, containing
not less than I 0%
resoirab/e oartic/es
6.1
UN3550
3
UN1891
3
UN1197
•
ddrumheller on DSK120RN23PROD with RULES3
VerDate Sep<11>2014
20:01 Apr 09, 2024
I
6.1
II
3, 6.1
II
3
PO 00000
None
211
242
150
202
243
149, IB2, T4,
TPI, TP8
150
202
242
Sfmt 4725
D
A
•
•
60 L
5L
60 L
B
•
10APR3
28, 36
•
50kg
IL
•
E:\FR\FM\10APR3.SGM
•
Forbidden
•
5 kg
•
•
Fmt 4701
•
Forbidden
•
•
IB2, JPS, T7,
TP2, TP13
•
Frm 00041
•
211
•
•
•
Jkt 262001
•
•
•
•
Extracts, liquid,for
flavor or aroma
4.1
•
•
Ethyl bromide
•
I
40, 85
•
B
ER10AP24.010</GPH>
•
25474
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
3
UN1197
8
UNl791
•
Hypochlorite
III
•
3
•
•
G
8
•
•
•
•
242
148,A7,B2,
Bl5, IB2, IP5,
N34, T7, TP2,
TP24
154
202
242
391,A224
None
232
232
Forbidden
Forbidden
A
391,396,
A225
None
232
232
Forbidden
Forbidden
A
•
60L
•
•
A
•
IL
•
•
220 L
•
30L
B
•
•
26
•
•
•
9
UN3548
Articles containing
2.2
UN3538
2.2
•
•
8
UN2794
8
A51
159
159
159
30kg
400kg
A
53, 58,
146
8
UN2795
8
A51
159
159
159
30kg
400kg
A
52,146
•
•
Butylene see also
Petroleum gases,
liquefied
2.1
UN1012
2.1
19,398, TSO
306
304
314,
315
Forbidden
150kg
E
40
•
•
•
Batteries,
containing sodium
4.3
UN3292
4.3
189
•
•
•
non-toxic gas, n.o.s.
•
Batteries, wet, filled
with acid, electric
stora2e
Batteries, wet, filled
with alkali, electric
stora~e
•
•
•
G
Corrosive liquids,
toxic, n.o.s.
8
UN2922
I
8, 6.1
G
Corrosive so]ids,
toxic, n.o.s.
8
UN2923
I
8, 6.1
•
•
1.4B
UN0512
1.4B
•
Detonators,
electronic
programmable for
blastin2
ddrumheller on DSK120RN23PROD with RULES3
203
Articles containing
misce11aneous
dangerous goods,
n.o.s.
non-flammable,
VerDate Sep<11>2014
150
•
II
solutions
IREVISEI
Bl, IB3, T2,
TPI
20:01 Apr 09, 2024
Jkt 262001
PO 00000
Frm 00042
•
•
•
A4,A7,BI0,
Tl4, TP2,
TP13, TP27
A5, IB7, T6,
TP33
•
189
Fmt 4701
189
•
•
•
•
•
Forbidden
400kg
•
•
A
•
13,148
•
None
201
243
0.5 L
2.5 L
B
40
None
211
242
1 kg
25 kg
B
40
62
None
05
25
•
148
•
63(±), 63(g)
Sfmt 4725
•
E:\FR\FM\10APR3.SGM
•
Forbidden
10APR3
75 kg
•
ER10AP24.011</GPH>
Extracts, liquid,for
flavor or aroma
25475
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
Nitrocellulose with
alcohol with not less
than 25 percent
alcohol by mass,
and with not more
than 12. 6 percent
nitrogen, by dry
4.1
UN2556
II
4.1
W31
None
212
None
I kg
15 kg
D
12, 25,
28, 36
4.1
UN2557
II
4.1
44, W31
None
212
None
I kg
15 kg
D
28, 36
4.1
UN2555
II
4.1
W31
None
212
None
15 kg
50kg
E
28, 36
3
UN3021
I
3, 6.1
B5, Tl4, TP2,
TP13, TP27
None
201
243
Forbidden
30 L
B
40
II
3, 6.1
IB2, Tll,
TP2, TP13,
TP27
150
202
243
IL
60 L
B
40
mass
•
G
Nitrocellulose, with
not more than 12. 6
percent nitrogen, by
dry mass mixture
with or without
plasticizer, with or
without oigment
Nitrocellulose with
water with not less
than 25 percent
water, bv mass
Pesticides, liquid,
flammable, toxic,
flash point less than
23 deweesC
•
•
•
•
G
Polymerizing
substance, liquid,
stabilized n.o.s.
Polymerizing
substance, liquid,
G
•
4.1
UN3532
III
4.1
4.1
UN3534
Ill
4.1
4.1
UN3531
III
4.1
4.1
UN3533
III
4.1
temperature
controlled, n.o.s.
Polymerizing
substance, solid,
stabilized, n.o.s.
G
Polymerizing
G
substance, solid,
temperature
controlled, n.o.s.
•
Water-reactive
liquid, corrosive,
G
•
4.3
•
•
•
•
•
387, IB3,
IP19, N92,
T7 TP4 TP6
387, IB3,
IP19, N92,
T7, TP4, TP6
None
203
241
IOL
25 L
D
25, 52,
53
None
203
241
Forbidden
Forbidden
D
2, 25,
52, 53
387, IB7,
IP19, N92,
T7, TP4, TP6,
TP33
387, IB7,
IP19, N92,
T7, TP4, TP6,
TP33
None
213
240
10kg
25 kg
D
25, 52,
53
None
213
240
Forbidden
Forbidden
D
2, 25,
52, 53
•
UN3129
•
I
4.3, 8
Tl4, TP2,
TP7, TP13
G
II
4.3, 8
G
III
4.3, 8
•
•
•
None
201
243
Forbidden
IL
D
13, 148
!Bl, Tll,
TP2, TP7
IB2, T7, TP2,
TP7
151
202
243
IL
5L
E
151
203
242
5L
60L
E
13, 85,
148
13, 85,
148
Tl3, TP2,
TP7, W31
Tl3, TP2,
TP7, W31
IB2, T7, TP2,
TP7, W31
None
201
244
Forbidden
IL
E
151
201
244
Forbidden
IL
E
151
203
242
5L
60L
E
n.o.s.
UN3148
4.3
G
II
4.3
G
III
4.3
•
•
BILLING CODE 4910–60–C
*
*
*
*
8. In § 172.102:
In paragraph (c)(1):
■ a. Revise special provisions 78, 156,
and 387;
■ b. Add special provisions 396 and
398;
■ c. Remove and reserve special
provision 421.
In paragraph (c)(2):
■ d. Revise special provision A54; and
VerDate Sep<11>2014
•
20:01 Apr 09, 2024
Jkt 262001
•
•
e. Add special provisions A224 and
A225.
In paragraph (c)(4):
■ f. In Table 2—IP Codes, revise special
provision IP15 and add special
provision IP22 in numerical order.
The additions and revisions read as
follows:
■
*
■
ddrumheller on DSK120RN23PROD with RULES3
•
I
§ 172.102
*
PO 00000
Special provisions.
*
*
(c) * * *
(1) * * *
Frm 00043
*
Fmt 4701
*
Sfmt 4700
•
•
•
13, 40,
148
13, 40,
148
13, 40,
148
•
78 Mixtures of nitrogen and oxygen
containing not less than 19.5% and not
more than 23.5% oxygen by volume
may be transported under this entry
when no other oxidizing gases are
present. A Division 5.1 subsidiary
hazard label is not required for any
concentrations within this limit.
Compressed air containing greater than
23.5% oxygen by volume must be
shipped using the description
E:\FR\FM\10APR3.SGM
10APR3
ER10AP24.013</GPH>
•
4.3
ER10AP24.012</GPH>
•
Water-reactive
liquid, n.o.s.
G
ddrumheller on DSK120RN23PROD with RULES3
25476
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
‘‘Compressed gas, oxidizing, n.o.s.,
UN3156.’’
*
*
*
*
*
156 Asbestos that is immersed or
fixed in a natural or artificial binder
material, such as cement, plastic,
asphalt, resins, or mineral ore, or
contained in manufactured products, is
not subject to the requirements of this
subchapter, except that when
transported by air, an indication of
compliance with this special provision
must be provided by including the
words ‘‘not restricted’’ on a shipping
paper, such as an air waybill
accompanying the shipment.
*
*
*
*
*
387 When materials are stabilized by
temperature control, the provisions of
§ 173.21(f) of this subchapter apply.
When chemical stabilization is
employed, the person offering the
material for transport shall ensure that
the level of stabilization is sufficient to
prevent the material as packaged from
dangerous polymerization at 50 °C
(122 °F). If chemical stabilization
becomes ineffective at lower
temperatures within the anticipated
duration of transport, temperature
control is required in which case
transportation is forbidden by aircraft.
In making this determination factors to
be taken into consideration include, but
are not limited to, the capacity and
geometry of the packaging and the effect
of any insulation present; the
temperature of the material when
offered for transport; the duration of the
journey and the ambient temperature
conditions typically encountered in the
journey (considering also the season of
year); the effectiveness and other
properties of the stabilizer employed;
applicable operational controls imposed
by regulation (e.g., requirements to
protect from sources of heat, including
other cargo carried at a temperature
above ambient); and any other relevant
factors.
*
*
*
*
*
396 Large and robust articles may be
transported with connected gas
cylinders with the valves open
regardless of § 173.24(b)(1), provided:
a. The gas cylinders contain nitrogen
of UN 1066 or compressed gas of UN
1956 or compressed air of UN1002;
b. The gas cylinders are connected to
the article through pressure regulators
and fixed piping in such a way that the
pressure of the gas (gauge pressure) in
the article does not exceed 35 kPa (0.35
bar);
c. The gas cylinders are properly
secured so that they cannot shift in
relation to the article and are fitted with
VerDate Sep<11>2014
20:01 Apr 09, 2024
Jkt 262001
strong and pressure resistant hoses and
pipes;
d. The gas cylinders, pressure
regulators, piping, and other
components are protected from damage
and impacts during transport by
wooden crates or other suitable means;
e. The shipping paper must include
the following statement: ‘‘Transport in
accordance with special provision 396’’;
and
f. Cargo transport units containing
articles transported with cylinders with
open valves containing a gas presenting
a risk of asphyxiation are well
ventilated.
398 This entry applies to 1-butylene,
cis-2-butylene and trans-2-butylene, and
mixtures of butylenes. For isobutylene,
see UN 1055.
*
*
*
*
*
421 [Reserved]
*
*
*
*
*
(2) * * *
A54 Irrespective of the quantity
limits in Column 9B of the § 172.101
table, a lithium battery, including a
lithium battery packed with, or
contained in, equipment that otherwise
meets the applicable requirements of
§ 173.185, may have a mass exceeding
35 kg if approved by the Associate
Administrator prior to shipment. When
approved by the Associate
Administrator and shipped in
accordance with this special provision,
the special provision must be noted on
the shipping paper.
*
*
*
*
*
A224 UN3548, Articles containing
miscellaneous dangerous goods, n.o.s.
may be transported on passenger and
cargo-only aircraft, irrespective of the
indication of ‘‘forbidden’’ in Columns
(9A) and (9B) of the Hazardous
Materials Table, provided: (a) with the
exception of lithium cells or batteries
that comply with § 173.185(c), as
applicable, the only hazardous materials
contained in the article is an
environmentally hazardous substance;
(b) the articles are packed in accordance
with § 173.232; and (c) reference to
Special Provision A224 is made on the
shipping paper.
A225 UN3538, Articles containing
non-flammable, non-toxic gas, n.o.s.
may be transported on passenger and
cargo-only aircraft irrespective of the
indication of ‘‘forbidden’’ in Columns
(9A) and (9B) of the Hazardous
Materials Table, provided: (a) with the
exception of lithium cells or batteries
that comply with § 173.185(c), as
applicable, the only dangerous good
contained in the article is a Division 2.2
gas without a subsidiary hazard, but
excluding refrigerated liquefied gases
PO 00000
Frm 00044
Fmt 4701
Sfmt 4700
and gases forbidden for transport on
passenger aircraft; (b) the articles are
packed in accordance with § 173.232(h);
and (c) reference to Special Provision
A225 is made on the shipping paper.
*
*
*
*
*
(4) * * *
IP15 For UN2031 with more than
55% nitric acid, the permitted use of
rigid plastic IBCs, and the inner
receptacle of composite IBCs with rigid
plastics, shall be two years from their
date of manufacture.
*
*
*
*
*
IP22 UN3550 may be transported in
flexible IBCs (13H3 or 13H4) with siftproof liners to prevent any egress of
dust during transport.
*
*
*
*
*
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
9. The authority citation for part 173
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.81, 1.96 and 1.97.
10. In § 173.4b, revise paragraph (b)(1)
to read as follows:
■
§ 173.4b
De minimis exceptions.
*
*
*
*
*
(b) * * *
(1) The specimens are:
(i) Wrapped in a paper towel or
cheesecloth moistened with alcohol, an
alcohol solution, or a formaldehyde
solution and placed in a plastic bag that
is heat-sealed. Any free liquid in the bag
must not exceed 30 mL; or
(ii) Placed in vials or other rigid
containers with no more than 30 mL of
alcohol, an alcohol solution, or a
formaldehyde solution. The containers
are placed in a plastic bag that is heatsealed;
*
*
*
*
*
■ 11. In § 173.21, revise paragraphs (f)
introductory text, (f)(1), and (f)(2) to
read as follows:
§ 173.21 Forbidden materials and
packages.
*
*
*
*
*
(f) A package containing a material
which is likely to decompose with a
self-accelerated decomposition
temperature (SADT) or polymerize with
a self-accelerated polymerization
temperature (SAPT) of 50 °C (122 °F) or
less, or 45 °C (113 °F) or less when
offered for transportation in portable
tanks, with an evolution of a dangerous
quantity of heat or gas when
decomposing or polymerizing, unless
the material is stabilized or inhibited in
a manner to preclude such evolution.
E:\FR\FM\10APR3.SGM
10APR3
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
For organic peroxides, see paragraph
(f)(2) of this section. The SADT and
SAPT may be determined by any of the
test methods described in Part II of the
UN Manual of Tests and Criteria (IBR,
see § 171.7 of this subchapter).
(1) A package meeting the criteria of
paragraph (f) of this section may be
required to be shipped under controlled
temperature conditions. The control
temperature and emergency temperature
for a package shall be as specified in
Table 1 in this paragraph based upon
the SADT or SAPT of the material. The
control temperature is the temperature
25477
above which a package of the material
may not be offered for transportation or
transported. The emergency temperature
is the temperature at which, due to
imminent danger, emergency measures
must be initiated.
TABLE 1 TO PARAGRAPH (f)(1)—DERIVATION OF CONTROL AND EMERGENCY TEMPERATURE
Type of receptacle
SADT/SAPT 1
Control temperatures
Emergency temperature
Single packagings and IBCs ..........
Single packagings and IBCs ..........
SADT/SAPT ≤20 °C (68 °F) .........
20 °C (68 °F) <SADT/SAPT ≤35
°C (95 °F).
35 °C (95 °F) <SADT/SAPT ≤50
°C (122 °F).
50 °C (122 °F) <SADT/SAPT .......
SADT/SAPT ≤45 °C (113 °F) .......
45 °C (113 °F) <SADT/SAPT .......
20 °C (36 °F) below SADT/SAPT
15 °C (27 °F) below SADT/SAPT
10 °C (18 °F) below SADT/SAPT.
10 °C (18 °F) below SADT/SAPT.
10 °C (18 °F) below SADT/SAPT
5 °C (9 °F) below SADT/SAPT.
(2) ..................................................
10 °C (18 °F) below SADT/SAPT
(2) ..................................................
(2)
5 °C (9 °F) below SADT/SAPT.
(2)
Single packagings and IBCs ..........
Single packagings and IBCs ..........
Portable tanks ................................
Portable tanks ................................
1 Self-accelerating
2 Temperature
decomposition temperature or self-accelerating polymerization temperature.
control not required.
(2) For hazardous materials listed in
the Self-Reactive Materials Table in
§ 173.224(b), control and emergency
temperatures, where required, are
shown in Columns 5 and 6,
respectively. For hazardous materials
listed in the Organic Peroxide Table in
§ 173.225, control and emergency
temperatures, where required, are
shown in Columns 7a and 7b of the
table, respectively. In addition, the
following organic peroxides shall be
subjected to temperature control during
transport:
(i) Organic peroxides type B and C
with a SADT ≤50°C;
(ii) Organic peroxides type D showing
a medium effect when heated under
confinement, as determined by test
series E in Part II of the UN Manual of
Tests and Criteria (IBR, see § 171.7 of
this subchapter), with a SADT ≤50 °C or
showing a low or no effect when heated
under confinement with a SADT ≤45 °C;
and
(iii) Organic peroxides types E and F
with a SADT ≤45 °C.
*
*
*
*
*
12. In § 173.27, revise paragraph
(f)(2)(i)(D) to read as follows:
■
§ 173.27 General requirements for
transportation by aircraft.
ddrumheller on DSK120RN23PROD with RULES3
*
*
*
*
*
(f) * * *
(2) * * *
(i) * * *
(D) Divisions 4.1 (self-reactive and
UN2555, UN2556, UN2557, or UN2907),
4.2 (spontaneously combustible)
(primary or subsidiary risk), and 4.3
(dangerous when wet) (liquids);
*
*
*
*
*
VerDate Sep<11>2014
20:01 Apr 09, 2024
Jkt 262001
§ 173.124
[Amended]
13. In § 173.124, remove paragraph
(a)(4)(iv).
■ 14. In § 173.137, revise the
introductory text to read as follows:
■
§ 173.137
group.
Class 8—Assignment of packing
The packing group of a Class 8
material is indicated in Column 5 of the
table to § 172.101 (of this subchapter).
When the table to § 172.101 provides
more than one packing group for a Class
8 material, the packing group must be
determined using data obtained from
tests conducted in accordance with the
OECD Guidelines for the Testing of
Chemicals, Test No. 435, ‘‘In Vitro
Membrane Barrier Test Method for Skin
Corrosion’’ (IBR, see § 171.7 of this
subchapter); or Test No. 404, ‘‘Acute
Dermal Irritation/Corrosion’’ (IBR, see
§ 171.7 of this subchapter).
Alternatively, a substance or mixture
may be considered not corrosive to
human skin for the purposes of this
subchapter following testing in
accordance with OECD Guideline for
the Testing of Chemicals Test No. 430,
‘‘In Vitro Skin Corrosion:
Transcutaneous Electrical Resistance
test (TER)’’ (IBR, see § 171.7 of this
subchapter); Test No. 431, ‘‘In Vitro
Skin Corrosion: Reconstructed Human
Epidermis (RHE) Test Method’’ (IBR, see
§ 171.7 of this subchapter); or Test No.
439, ‘‘In Vitro Skin Irritation:
Reconstructed Human Epidermis Test
Method’’ (IBR, see § 171.7 of this
subchapter). However, if the substance
or mixture is determined to be corrosive
in accordance with Test No. 430 or Test
No. 439, the material may be assigned
to Packing Group I, or must be further
tested using Test No. 435 or Test No.
PO 00000
Frm 00045
Fmt 4701
Sfmt 4700
404 to determine the packaging group
assignment. If the results of Test No. 431
indicate that the substance or mixture is
corrosive, but the test method does not
clearly distinguish between assignment
of Packing Groups II and III, the material
must be assigned to Packing Group II
unless further testing is performed. The
packing group assignment using data
obtained from tests conducted in
accordance with OECD Guideline Test
No. 404 must be as follows:
*
*
*
*
*
■ 15. In 173.151, revise paragraph (d)
introductory text to read as follows:
§ 173.151
Exceptions for Class 4.
*
*
*
*
*
(d) Limited quantities of Division 4.3.
Limited quantities of dangerous when
wet solids or liquids (Division 4.3) in
Packing Groups II and III are excepted
from labeling requirements, unless the
material is offered for transportation or
transported by aircraft, and are excepted
from the specification packaging
requirements of this subchapter when
packaged in combination packagings
according to this paragraph. For
transportation by aircraft, the package
must also conform to applicable
requirements of § 173.27 of this part
(e.g., authorized materials, inner
packaging quantity limits, and closure
securement), and only hazardous
material authorized aboard passengercarrying aircraft may be transported as
a limited quantity. A limited quantity
package that conforms to the provisions
of this section is not subject to the
shipping paper requirements of subpart
C of part 172 of this subchapter, unless
the material meets the definition of a
hazardous substance, hazardous waste,
or marine pollutant, or is offered for
E:\FR\FM\10APR3.SGM
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25478
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
transportation and transported by
aircraft or vessel. In addition, shipments
of limited quantities are not subject to
subpart F (Placarding) of part 172 of this
subchapter. Each package must conform
to the packaging requirements of
subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight.
Except for transportation by aircraft, the
following combination packagings are
authorized:
*
*
*
*
*
■ 16. Revise § 173.167 to read as
follows:
ddrumheller on DSK120RN23PROD with RULES3
§ 173.167
ID8000 consumer commodities.
Packages prepared under the
requirements of this section may be
offered for transportation and
transported by all modes.
(a) Applicability. This section applies
to limited quantities of ‘‘consumer
commodity’’ material. (See § 171.8 of
this subchapter.) Materials eligible for
transportation in accordance with this
section are articles or substances of
Class 2 (non-toxic aerosols only), Class
3 (Packing Group II and III only),
Division 6.1 (Packing Group III only),
UN3077, UN3082, UN3175, UN3334,
and UN3335, provided such materials
do not have a subsidiary risk and are
authorized aboard a passenger-carrying
aircraft. The outer packaging for the
consumer commodity is not subject to
the specification packaging
requirements of this subchapter. Except
as indicated in § 173.24(i), each
completed package must conform to
§§ 173.24 and 173.24a of this
subchapter. Additionally, except for the
pressure differential requirements in
§ 173.27(c), the requirements of § 173.27
do not apply to packages prepared in
accordance with this section. As
applicable, the following apply:
(1) Inner and outer packaging
quantity limits.
(i) Non-toxic aerosols, as defined in
§ 171.8 of this subchapter and
constructed in accordance with
§ 173.306 of this part, in non-refillable,
non-metal containers not exceeding 120
mL (4 fluid ounces) each, or in nonrefillable metal containers not exceeding
820 mL (28 fluid ounces) each, except
that flammable aerosols may not exceed
500 mL (16.9 fluid ounces) each;
(ii) Liquids, in inner packagings not
exceeding 500 mL (16.9 fluid ounces)
each. Liquids must not completely fill
an inner packaging at 55 °C;
(iii) Solids, in inner packagings not
exceeding 500 g (1.0 pounds) each; or
(iv) Any combination thereof not to
exceed 30 kg (66 pounds) gross weight
as prepared for shipment.
(2) Closures. Friction-type closures
must be secured by positive means. The
VerDate Sep<11>2014
20:01 Apr 09, 2024
Jkt 262001
body and closure of any packaging must
be constructed so as to be able to
adequately resist the effects of
temperature and vibration occurring in
conditions normally incident to air
transportation. The closure device must
be so designed that it is unlikely it can
be incorrectly or incompletely closed.
(3) Absorbent material. Inner
packagings must be tightly packaged in
strong outer packagings. Absorbent and
cushioning material must not react
dangerously with the contents of inner
packagings. For glass or earthenware
inner packagings containing liquids of
Class 3 or Division 6.1, sufficient
absorbent material must be provided to
absorb the entire contents of the largest
inner packaging contained in the outer
packaging. Absorbent material is not
required if the glass or earthenware
inner packagings are sufficiently
protected as packaged for transport that
it is unlikely a failure would occur and,
if a failure did occur, that it would be
unlikely that the contents would leak
from the outer packaging.
(4) Drop test capability. Breakable
inner packagings (e.g., glass,
earthenware, or brittle plastic) must be
packaged to prevent failure under
conditions normally incident to
transport. Packages of consumer
commodities, as prepared for transport,
must be capable of withstanding a 1.2
meter drop on solid concrete in the
position most likely to cause damage. In
order to pass the test, the outer
packaging must not exhibit any damage
liable to affect safety during transport
and there must be no leakage from the
inner packaging(s).
(5) Stack test capability. Packages of
consumer commodities must be capable
of withstanding, without failure or
leakage of any inner packaging and
without any significant reduction in
effectiveness, a force applied to the top
surface, for a duration of 24 hours,
equivalent to the total weight of
identical packages if stacked to a height
of 3.0 meters (including the test
sample).
(6) Hazard communication. Packages
prepared under the requirements of this
section are to be marked as a limited
quantity, in accordance with
§ 172.315(b), and labeled as a Class 9
article or substance, as appropriate, in
accordance with subpart E of part 172
of this subchapter; and
(7) Pressure differential capability.
Except for UN3082, inner packagings
intended to contain liquids must be
capable of meeting the pressure
differential requirements (75 kPa)
prescribed in § 173.27(c) of this part.
The capability of a packaging to
withstand an internal pressure without
PO 00000
Frm 00046
Fmt 4701
Sfmt 4700
leakage that produces the specified
pressure differential should be
determined by successfully testing
design samples or prototypes.
(b) Highway, rail, and vessel hazard
communication exceptions. Packages
prepared in accordance with the
requirements of this section:
(1) Are excepted from the labeling
requirements in paragraph (a)(6) when
transported by highway, rail, and vessel;
and
(2) Are excepted from the shipping
papers requirements in Part 172,
Subpart C when transported by highway
and rail.
■ 17. In § 173.185:
■ a. Revise paragraphs (a)(3)
introductory text and (a)(3)(x);
■ b. Add paragraph (a)(5);
■ c. Revise paragraphs (b)(3)(iii)(A) and
(B);
■ d. Add paragraph (b)(3)(iii)(C);
■ e. Revise paragraphs (b)(4)(ii) and (iii);
■ f. Add paragraph (b)(4)(iv);
■ g. Revise paragraphs (b)(5), (c)(3)
through (5), and (e)(5) through (7).
The amendments read as follows:
§ 173.185
Lithium cell and batteries.
*
*
*
*
*
(a) * * *
(3) Each manufacturer and subsequent
distributor of lithium cells or batteries,
except for button cells installed in
equipment (including circuit boards),
manufactured on or after January 1,
2008, must make a test summary
available. The test summary must
include the following elements:
*
*
*
*
*
(x) Name and title of a responsible
person as an indication of the validity
of information provided.
*
*
*
*
*
(5) Beginning May 10, 2024, each
lithium ion battery must be marked with
the Watt-hour rating on the outside case.
*
*
*
*
*
(b) * * *
(3) * * *
(iii) * * *
(A) Be placed in inner packagings that
completely enclose the cell or battery,
then placed in a packaging of a type that
meets the Packing Group II performance
requirements as specified in paragraph
(b)(3)(ii) of this section, and then placed
with the equipment in a strong, rigid
outer packaging; or
(B) Be placed in inner packagings that
completely enclose the cell or battery,
then placed with the equipment in a
packaging of a type that meets the
Packing Group II performance
requirements as specified in paragraph
(b)(3)(ii) of this section.
(C) For transportation by aircraft, the
number of cells or batteries in each
E:\FR\FM\10APR3.SGM
10APR3
25479
package is limited to the minimum
number required to power the piece of
equipment, plus two spare sets. A set of
cells or batteries is the number of
individual cells or batteries that are
required to power each piece of
equipment.
(4) * * *
(ii) Equipment must be secured to
prevent damage caused by shifting
within the outer packaging and be
packed so as to prevent accidental
operation during transport;
(iii) Any spare lithium cells or
batteries packed with the equipment
must be packaged in accordance with
paragraph (b)(3) of this section; and
(iv) For transportation by aircraft,
where multiple pieces of equipment are
packed in the same outer packaging,
each piece of equipment must be packed
to prevent contact with other
equipment.
(5) Lithium cells or batteries that
weigh 12 kg (26.5 pounds) or more and
have a strong, impact-resistant outer
casing, may be packed in strong outer
packagings; in protective enclosures (for
example, in fully enclosed or wooden
slatted crates); or on pallets or other
handling devices, instead of packages
meeting the UN performance packaging
requirements in paragraphs (b)(3)(ii) and
(b)(3)(iii) of this section. Cells and
batteries must be secured to prevent
inadvertent shifting, and the terminals
may not support the weight of other
superimposed elements. Cells and
batteries packaged in accordance with
this paragraph may be transported by
cargo-only aircraft if approved by the
Associate Administrator.
*
*
*
*
*
(c) * * *
(3) Lithium battery mark. Each
package must display the lithium
battery mark except when a package
contains 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.
(i) The mark must indicate the UN
number: ‘‘UN3090’’ for lithium metal
cells or batteries, or ‘‘UN3480’’ for
lithium ion cells or batteries. Where the
lithium cells or batteries are contained
in, or packed with, equipment, the UN
number ‘‘UN3091’’ or ‘‘UN3481,’’ as
appropriate, must be indicated. Where a
package contains lithium cells or
batteries assigned to different UN
numbers, all applicable UN numbers
must be indicated on one or more
marks. The package must be of such size
that there is adequate space to affix the
mark on one side without the mark
being folded.
(A) The mark must be in the form of
a rectangle or a square with hatched
edging. The mark must be not less than
100 mm (3.9 inches) wide by 100 mm
(3.9 inches) high, and the minimum
width of the hatching must be 5 mm (0.2
inches), except marks of 100 mm (3.9
inches) wide by 70 mm (2.8 inches) high
may be used on a package containing
lithium batteries when the package is
too small for the larger mark;
(B) The symbols and letters must be
black on white or suitable contrasting
background and the hatching must be
red;
(C) The ‘‘*’’ must be replaced by the
appropriate UN number(s); and
(D) Where dimensions are not
specified, all features shall be in
approximate proportion to those shown.
(ii) The lithium battery mark, in
conformance with the requirements of
this paragraph, in effect on May 9, 2024,
may continue to be used until December
31, 2026.
(iii) When packages are placed in an
overpack, the lithium battery mark shall
either be clearly visible through the
overpack or be reproduced on the
outside of the overpack, and the
overpack shall be marked with the word
‘‘OVERPACK.’’ The lettering of the
‘‘OVERPACK’’ mark shall be at least 12
mm (0.47 inches) high.
(4) Air transportation for smaller
lithium cells or batteries packed with, or
contained in, equipment.
(i) The number of cells or batteries in
each package is limited to the minimum
number required to power the piece of
equipment, plus two spare sets, and the
total net quantity (mass) of the lithium
cells or batteries in the completed
package must not exceed 5 kg. A set of
cells or batteries is the number of
VerDate Sep<11>2014
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Frm 00047
Fmt 4701
Sfmt 4700
Figure 1 to paragraph (c)(3)(i)
introductory text
E:\FR\FM\10APR3.SGM
10APR3
ER10AP24.014</GPH>
ddrumheller on DSK120RN23PROD with RULES3
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
25480
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
individual cells or batteries that are
required to power each piece of
equipment.
(ii) When packages are placed in an
overpack, the packages must be secured
within the overpack, and the intended
function of each package must not be
impaired by the overpack.
(iii) Each shipment with packages
required to display the paragraph
(c)(3)(i) lithium battery mark must
include an indication on the air waybill
of compliance with this paragraph (c)(4)
(or the applicable ICAO Technical
Instructions Packing Instruction), when
an air waybill is used.
(iv) Each person who prepares a
package for transport containing lithium
cells or batteries, packed with, or
contained in, equipment in accordance
with the conditions and limitations of
this paragraph (c)(4), must receive
instruction on these conditions and
limitations, corresponding to their
functions.
(5) Air transportation for smaller
lithium cells and batteries.
(i) A package prepared in accordance
with the size limits in paragraph (c)(1)
is subject to all applicable requirements
of this subchapter, except that a package
containing no more than 2.5 kg lithium
metal cells or batteries, or 10 kg lithium
ion cells or batteries, is not subject to
the UN performance packaging
requirements in paragraph (b)(3)(ii) of
this section, when the package displays
both the lithium battery mark in
paragraph (c)(3)(i) and the Class 9
Lithium Battery label specified in
§ 172.447 of this subchapter. This
paragraph does not apply to batteries or
cells packed with, or contained in,
equipment.
(ii) Each package must be capable of
withstanding, without damage to the
cells or batteries contained therein and
without any reduction of effectiveness,
a force applied to the top surface
equivalent to the total weight of
identical packages stacked to a height of
3 meters (including the test sample) for
a duration of 24 hours.
*
*
*
*
*
(e) * * *
(5) Lithium batteries, including
lithium batteries contained in
equipment, that weigh 12 kg (26.5
pounds) or more and have a strong,
impact-resistant outer casing, may be
packed in strong outer packagings, in
protective enclosures (for example, in
fully enclosed or wooden slatted crates),
or on pallets or other handling devices,
instead of packages meeting the UN
performance packaging requirements in
paragraphs (b)(3)(ii) and (iii) of this
section. The cell or battery must be
secured to prevent inadvertent shifting,
and the terminals may not support the
weight of other superimposed elements;
(6) Irrespective of the limit specified
in Column (9B) of the § 172.101
Hazardous Materials Table, the cell or
battery prepared for transport in
accordance with this paragraph may
have a mass exceeding 35 kg gross
weight when transported by cargo-only
aircraft;
(7) Cells or batteries packaged in
accordance with this paragraph are not
permitted for transportation by
passenger-carrying aircraft, and may be
transported by cargo-only aircraft only if
approved by the Associate
Administrator prior to transportation;
and
*
*
*
*
*
■ 18. In § 173.224,
■ a. Revise paragraph (b)(4);
■ b. Designate the table immediately
following paragraph (b)(7) as table 1 to
paragraph (b); and
■ c. Revise newly designated table 1 to
paragraph (b).
The revisions read as follows:
§ 173.224 Packaging and control and
emergency temperatures for self-reactive
materials.
*
*
*
*
*
(b) * * *
(4) Packing method. Column 4
specifies the highest packing method
that is authorized for the self-reactive
material. A packing method
corresponding to a smaller package size
may be used, but a packing method
corresponding to a larger package size
may not be used. The Table of Packing
Methods in § 173.225(d) defines the
packing methods. Bulk packagings for
Type F organic peroxides are authorized
by § 173.225(f) for IBCs and § 173.225(h)
for bulk packagings other than IBCs. The
formulations not listed in this section
but listed in § 173.225(e) for IBCs and in
§ 173.225(g) for portable tanks may also
be transported packed in accordance
with packing method OP8, with the
same control and emergency
temperatures, if applicable. Additional
bulk packagings are authorized if
approved by the Associate
Administrator.
*
*
*
*
*
ddrumheller on DSK120RN23PROD with RULES3
TABLE 1 TO PARAGRAPH (b)—SELF-REACTIVE MATERIALS TABLE
Self-reactive substance
Identification
No.
(1)
(2)
Acetone-pyrogallol copolymer 2-diazo-1-naphthol-5-sulphonate ........
Azodicarbonamide formulation type B, temperature controlled ..........
Azodicarbonamide formulation type C ................................................
Azodicarbonamide formulation type C, temperature controlled ..........
Azodicarbonamide formulation type D ................................................
Azodicarbonamide formulation type D, temperature controlled ..........
2,2′-Azodi(2,4-dimethyl-4-methoxyvaleronitrile) ..................................
2,2′-Azodi(2,4-dimethylvaleronitrile) ....................................................
2,2′-Azodi(ethyl 2-methylpropionate) ..................................................
1,1-Azodi(hexahydrobenzonitrile) ........................................................
2,2-Azodi(isobutyronitrile) ....................................................................
2,2′-Azodi(isobutyronitrile) as a water-based paste ............................
2,2-Azodi(2-methylbutyronitrile) ..........................................................
Benzene-1,3-disulphonylhydrazide, as a paste ..................................
Benzene sulphohydrazide ...................................................................
4-(Benzyl(ethyl)amino)-3-ethoxybenzenediazonium zinc chloride ......
4-(Benzyl(methyl)amino)-3-ethoxybenzenediazonium zinc chloride ...
3-Chloro-4-diethylaminobenzenediazonium zinc chloride ..................
2-Diazo-1-Naphthol sulphonic acid ester mixture ...............................
2-Diazo-1-Naphthol-4-sulphonyl chloride ............................................
2-Diazo-1-Naphthol-5-sulphonyl chloride ............................................
2,5-Dibutoxy-4-(4-morpholinyl)-Benzenediazonium,
tetrachlorozincate (2:1).
2,5-Diethoxy-4-morpholinobenzenediazonium zinc chloride ..............
VerDate Sep<11>2014
20:01 Apr 09, 2024
Jkt 262001
PO 00000
Frm 00048
Concentration—
(%)
Packing
method
(3)
(4)
Control
temperature—
(°C)
Emergency
temperature
Notes
(5)
(6)
(7)
3228
3232
3224
3234
3226
3236
3236
3236
3235
3226
3234
3224
3236
3226
3226
3226
3236
3226
3226
3222
3222
3228
100 ..........................
<100 ........................
<100 ........................
<100 ........................
<100 ........................
<100 ........................
100 ..........................
100 ..........................
100 ..........................
100 ..........................
100 ..........................
≤50 ..........................
100 ..........................
52 ............................
100 ..........................
100 ..........................
100 ..........................
100 ..........................
<100 ........................
100 ..........................
100 ..........................
100 ..........................
OP8
OP5
OP6
OP6
OP7
OP7
OP7
OP7
OP7
OP7
OP6
OP6
OP7
OP7
OP7
OP7
OP7
OP7
OP7
OP5
OP5
OP8
........................
........................
........................
........................
........................
........................
¥5
+10
+20
........................
+40
........................
+35
........................
........................
........................
+40
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
+5
+15
+25
........................
+45
........................
+40
........................
........................
........................
+45
........................
........................
........................
........................
........................
............
1
............
1
............
1
............
............
............
............
............
............
............
............
............
............
............
............
4
............
............
............
3236
67–100 ....................
OP7
+35
+40
............
Fmt 4701
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
TABLE 1 TO PARAGRAPH (b)—SELF-REACTIVE MATERIALS TABLE—Continued
Self-reactive substance
Identification
No.
Concentration—
(%)
Packing
method
Control
temperature—
(°C)
Emergency
temperature
Notes
(1)
(2)
(3)
(4)
(5)
(6)
(7)
2,5-Diethoxy-4-morpholinobenzenediazonium zinc chloride ..............
2,5-Diethoxy-4-morpholinobenzenediazonium tetrafluoroborate ........
2,5-Diethoxy-4-(phenylsulphonyl)benzenediazonium zinc chloride ....
2,5-Diethoxy-4-(4-morpholinyl)-benzenediazonium sulphate ..............
Diethylene glycol bis(allyl carbonate) +Diisopropylperoxydicarbonate
2,5-Dimethoxy-4-(4-methylphenylsulphony)benzenediazonium zinc
chloride.
4-Dimethylamino-6-(2-dimethylaminoethoxy)toluene-2-diazonium
zinc chloride.
4-(Dimethylamino)-benzenediazonium trichlorozincate (-1) ................
N,N′-Dinitroso-N, N′-dimethyl-terephthalamide, as a paste ................
N,N′-Dinitrosopentamethylenetetramine .............................................
Diphenyloxide-4,4′-disulphohydrazide .................................................
Diphenyloxide-4,4′-disulphonylhydrazide ............................................
4-Dipropylaminobenzenediazonium zinc chloride ...............................
2-(N,N-Ethoxycarbonylphenylamino)-3-methoxy-4-(N-methyl-Ncyclohexylamino)benzenediazonium zinc chloride.
2-(N,N-Ethoxycarbonylphenylamino)-3-methoxy-4-(N-methyl-Ncyclohexylamino)benzenediazonium zinc chloride.
N-Formyl-2-(nitromethylene)-1,3-perhydrothiazine .............................
2-(2-Hydroxyethoxy)-1-(pyrrolidin-1-yl)benzene-4-diazonium zinc
chloride.
3-(2-Hydroxyethoxy)-4-(pyrrolidin-1-yl)benzenediazonium zinc chloride.
7-Methoxy-5-methyl-benzothiophen-2-yl boronic acid’’ ......................
2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-dimethyl-phenylsulphonyl)
benzenediazonium hydrogen sulphate.
4-Methylbenzenesulphonylhydrazide ..................................................
3-Methyl-4-(pyrrolidin-1-yl)benzenediazonium tetrafluoroborate ........
4-Nitrosophenol ...................................................................................
Phosphorothioic acid, O-[(cyanophenyl methylene) azanyl] O,Odiethyl ester.
Self-reactive liquid, sample .................................................................
Self-reactive liquid, sample, temperature control ...............................
Self-reactive solid, sample ..................................................................
Self-reactive solid, sample, temperature control ................................
Sodium 2-diazo-1-naphthol-4-sulphonate ...........................................
Sodium 2-diazo-1-naphthol-5-sulphonate ...........................................
Tetramine palladium (II) nitrate ...........................................................
3236
3236
3236
3226
3237
3236
66 ............................
100 ..........................
67 ............................
100 ..........................
≥88 + ≤12 ................
79 ............................
OP7
OP7
OP7
OP7
OP8
OP7
+40
+30
+40
........................
¥10
+40
+45
+35
+45
........................
0
+45
............
............
............
............
............
............
3236
100 ..........................
OP7
+40
+45
............
3228
3224
3224
3226
3226
3226
3236
100 ..........................
72 ............................
82 ............................
100 ..........................
100 ..........................
100 ..........................
63–92 ......................
OP8
OP6
OP6
OP7
OP7
OP7
OP7
........................
........................
........................
........................
........................
........................
+40
........................
........................
........................
........................
........................
........................
+45
............
............
2
............
............
............
............
3236
62 ............................
OP7
+35
+40
............
3236
3236
100 ..........................
100 ..........................
OP7
OP7
+45
+45
+50
+50
............
............
3236
100 ..........................
OP7
+40
+45
............
3230
3236
88–100 ....................
96 ............................
................
OP7
........................
+45
........................
+50
6
............
3226
3234
3236
3227
100 ..........................
95 ............................
100 ..........................
82–91 (Z isomer) .....
OP7
OP6
OP7
OP8
........................
+45
+35
........................
........................
+50
+40
........................
............
............
............
5
3223
3233
3224
3234
3226
3226
3234
..................................
..................................
..................................
..................................
100 ..........................
100 ..........................
100 ..........................
OP2
OP2
OP2
OP2
OP7
OP7
OP6
........................
........................
........................
........................
........................
........................
+30
........................
........................
........................
........................
........................
........................
+35
3
3
3
3
............
............
............
Notes:
1. The emergency and control temperatures must be determined in accordance with § 173.21(f).
2. With a compatible diluent having a boiling point of not less than 150 °C.
3. Samples may only be offered for transportation under the provisions of paragraph (c)(3) of this section.
4. This entry applies to mixtures of esters of 2-diazo-1-naphthol-4-sulphonic acid and 2-diazo-1-naphthol-5-sulphonic acid.
5. This entry applies to the technical mixture in n-butanol within the specified concentration limits of the (Z) isomer.
6. The technical compound with the specified concentration limits may contain up to 12% water and up to 1% organic impurities.
§ 173.225 Packaging requirements and
other provisions for organic peroxides.
immediately following paragraph (g) as
table 2 to paragraph (d) and table 4 to
paragraph (g), respectively; and
■ c. Revise newly designated table 4 to
paragraph (g).
*
*
*
*
*
■ 19. In § 173.225:
■ a. Revise table 1 to paragraph (c);
■ b. Designate the tables immediately
following paragraph (d) and
*
*
*
(c) * * *
*
*
TABLE 1 TO PARAGRAPH (c)—ORGANIC PEROXIDE TABLE
ddrumheller on DSK120RN23PROD with RULES3
Technical name
Diluent
(mass %)
A
B
I
Water
(mass
%)
Concentration
(mass %)
ID No.
(1)
(2)
(3)
(4a)
(4b)
(4c)
(5)
Acetyl acetone peroxide .................................
Acetyl acetone peroxide .................................
Acetyl acetone peroxide [as a paste] .............
Acetyl cyclohexanesulfonyl peroxide .............
Acetyl cyclohexanesulfonyl peroxide .............
tert-Amyl hydroperoxide .................................
tert-Amyl peroxyacetate .................................
tert-Amyl peroxybenzoate ..............................
tert-Amyl peroxy-2-ethylhexanoate ................
tert-Amyl peroxy-2-ethylhexyl carbonate ........
tert-Amyl peroxy isopropyl carbonate ............
tert-Amyl peroxyneodecanoate ......................
tert-Amyl peroxyneodecanoate ......................
UN3105
UN3107
UN3106
UN3112
UN3115
UN3107
UN3105
UN3103
UN3115
UN3105
UN3103
UN3115
UN3119
≤42 .......................
≤35 .......................
≤32 .......................
≤82 .......................
≤32 .......................
≤88 .......................
≤62 .......................
≤100 .....................
≤100 .....................
≤100 .....................
≤77 .......................
≤77 .......................
≤47 .......................
≥48
..........
..........
..........
..........
≥6
≥38
..........
..........
..........
≥23
..........
≥53
..........
..........
..........
..........
≥68
..........
..........
..........
..........
..........
..........
≥23
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
≥8
≥8
..............
≥12
..............
≥6
..............
..............
..............
..............
..............
..............
..............
VerDate Sep<11>2014
20:01 Apr 09, 2024
Jkt 262001
PO 00000
Frm 00049
Fmt 4701
Sfmt 4700
Packing
method
(6)
E:\FR\FM\10APR3.SGM
OP7
OP8
OP7
OP4
OP7
OP8
OP7
OP5
OP7
OP7
OP5
OP7
OP8
10APR3
Temperature
(°C)
Notes
Control
Emergency
(7a)
(7b)
(8)
..............
..............
..............
¥10
¥10
..............
..............
..............
20
..............
..............
0
0
..................
..................
..................
0
0
..................
..................
..................
25
..................
..................
10
10
2
32
21
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
25482
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
TABLE 1 TO PARAGRAPH (c)—ORGANIC PEROXIDE TABLE—Continued
ddrumheller on DSK120RN23PROD with RULES3
Technical name
Diluent
(mass %)
A
B
I
Water
(mass
%)
Concentration
(mass %)
ID No.
Packing
method
(6)
Temperature
(°C)
Notes
Control
Emergency
(7a)
(7b)
(8)
(1)
(2)
(3)
(4a)
(4b)
(4c)
(5)
tert-Amyl peroxypivalate .................................
tert-Amyl peroxypivalate .................................
tert-Amyl peroxy-3,5,5-trimethylhexanoate ....
tert-Butyl cumyl peroxide ................................
tert-Butyl cumyl peroxide ................................
n-Butyl-4,4-di-(tert-butylperoxy)valerate .........
n-Butyl-4,4-di-(tert-butylperoxy)valerate .........
tert-Butyl hydroperoxide .................................
tert-Butyl hydroperoxide .................................
tert-Butyl hydroperoxide .................................
tert-Butyl hydroperoxide .................................
tert-Butyl hydroperoxide [and] Di-tertbutylperoxide.
tert-Butyl monoperoxymaleate .......................
tert-Butyl monoperoxymaleate .......................
tert-Butyl monoperoxymaleate .......................
tert-Butyl monoperoxymaleate [as a paste] ...
tert-Butyl peroxyacetate .................................
tert-Butyl peroxyacetate .................................
tert-Butyl peroxyacetate .................................
tert-Butyl peroxybenzoate ..............................
tert-Butyl peroxybenzoate ..............................
tert-Butyl peroxybenzoate ..............................
tert-Butyl peroxybenzoate ..............................
tert-Butyl peroxybutyl fumarate ......................
tert-Butyl peroxycrotonate ..............................
tert-Butyl peroxydiethylacetate .......................
tert-Butyl peroxy-2-ethylhexanoate ................
tert-Butyl peroxy-2-ethylhexanoate ................
tert-Butyl peroxy-2-ethylhexanoate ................
tert-Butyl peroxy-2-ethylhexanoate ................
tert-Butyl peroxy-2-ethylhexanoate [and] 2,2di-(tert-Butylperoxy)butane.
tert-Butyl peroxy-2-ethylhexanoate [and] 2,2di-(tert-Butylperoxy)butane.
tert-Butyl peroxy-2-ethylhexylcarbonate .........
tert-Butyl peroxyisobutyrate ............................
tert-Butyl peroxyisobutyrate ............................
tert-Butylperoxy isopropylcarbonate ...............
tert-Butylperoxy isopropylcarbonate ...............
1-(2-tert-Butylperoxy isopropyl)-3isopropenylbenzene.
1-(2-tert-Butylperoxy isopropyl)-3isopropenylbenzene.
tert-Butyl peroxy-2-methylbenzoate ...............
tert-Butyl peroxyneodecanoate ......................
tert-Butyl peroxyneodecanoate ......................
tert-Butyl peroxyneodecanoate [as a stable
dispersion in water].
tert-Butyl peroxyneodecanoate [as a stable
dispersion in water (frozen)].
tert-Butyl peroxyneodecanoate ......................
tert-Butyl peroxyneoheptanoate .....................
tert-Butyl peroxyneoheptanoate [as a stable
dispersion in water].
tert-Butyl peroxypivalate .................................
tert-Butyl peroxypivalate .................................
tert-Butyl peroxypivalate .................................
tert-Butylperoxy stearylcarbonate ...................
tert-Butyl peroxy-3,5,5-trimethylhexanoate ....
tert-Butyl peroxy-3,5,5-trimethlyhexanoate ....
tert-Butyl peroxy-3,5,5-trimethylhexanoate ....
3-Chloroperoxybenzoic acid ...........................
3-Chloroperoxybenzoic acid ...........................
3-Chloroperoxybenzoic acid ...........................
Cumyl hydroperoxide .....................................
Cumyl hydroperoxide .....................................
Cumyl peroxyneodecanoate ...........................
Cumyl peroxyneodecanoate ...........................
Cumyl peroxyneodecanoate [as a stable dispersion in water].
Cumyl peroxyneoheptanoate .........................
Cumyl peroxypivalate .....................................
Cyclohexanone peroxide(s) ............................
Cyclohexanone peroxide(s) ............................
Cyclohexanone peroxide(s) [as a paste] .......
Cyclohexanone peroxide(s) ............................
UN3113
UN3119
UN3105
UN3109
UN3108
UN3103
UN3108
UN3103
UN3105
UN3107
UN3109
UN3103
≤77 .......................
≤32 .......................
≤100 .....................
>42–100 ...............
≤52 .......................
>52–100 ...............
≤52 .......................
>79–90 .................
≤80 .......................
≤79 .......................
≤72 .......................
<82 + >9 ...............
..........
≥68
..........
..........
..........
..........
..........
..........
≥20
..........
..........
..........
≥23
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
≥48
..........
≥48
..........
..........
..........
..........
..........
..............
..............
..............
..............
..............
..............
..............
≥10
..............
>14
≥28
≥7
OP5
OP8
OP7
OP8
OP8
OP5
OP8
OP5
OP7
OP8
OP8
OP5
10
10
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
15
15
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
....................
....................
....................
9
9
....................
....................
13
4, 13
13, 16
13
13
UN3102
UN3103
UN3108
UN3108
UN3101
UN3103
UN3109
UN3103
UN3105
UN3106
UN3109
UN3105
UN3105
UN3113
UN3113
UN3117
UN3118
UN3119
UN3106
>52–100 ...............
≤52 .......................
≤52 .......................
≤52 .......................
>52–77 .................
>32–52 .................
≤32 .......................
>77–100 ...............
>52–77 .................
≤52 .......................
≤32 .......................
≤52 .......................
≤77 .......................
≤100 .....................
>52–100 ...............
>32–52 .................
≤52 .......................
≤32 .......................
≤12 + ≤14 .............
..........
≥48
..........
..........
≥23
≥48
..........
..........
≥23
..........
≥68
≥48
≥23
..........
..........
..........
..........
..........
≥14
..........
..........
..........
..........
..........
..........
≥68
..........
..........
..........
..........
..........
..........
..........
..........
≥48
..........
≥68
..........
..........
..........
≥48
..........
..........
..........
..........
..........
..........
≥48
..........
..........
..........
..........
..........
..........
≥48
..........
≥60
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
OP5
OP6
OP8
OP8
OP5
OP6
OP8
OP5
OP7
OP7
OP8
OP7
OP7
OP5
OP6
OP8
OP8
OP8
OP7
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
20
20
30
20
40
..............
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
25
25
35
25
45
..................
....................
....................
....................
....................
....................
....................
....................
....................
1
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
UN3115
≤31 + ≤36 .............
..........
≥33
..........
..............
OP7
35
40
....................
UN3105
UN3111
UN3115
UN3103
UN3105
UN3105
≤100 .....................
>52–77 .................
≤52 .......................
≤77 .......................
≤62 .......................
≤77 .......................
..........
..........
..........
≥23
..........
≥23
..........
≥23
≥48
..........
≥38
..........
..........
..........
..........
..........
..........
..........
..............
..............
..............
..............
..............
..............
OP7
OP5
OP7
OP5
OP7
OP7
..............
15
15
..............
..............
..............
..................
20
20
..................
..................
..................
....................
....................
....................
....................
....................
....................
UN3108
≤42 .......................
..........
..........
≥58
..............
OP8
..............
..................
....................
UN3103
UN3115
UN3115
UN3119
≤100 .....................
>77–100 ...............
≤77 .......................
≤52 .......................
..........
..........
..........
..........
..........
..........
≥23
..........
..........
..........
..........
..........
..............
..............
..............
..............
OP5
OP7
OP7
OP8
..............
¥5
0
0
..................
5
10
10
....................
....................
....................
....................
UN3118
≤42 .......................
..........
..........
..........
..............
OP8
0
10
....................
UN3119
UN3115
UN3117
≤32 .......................
≤77 .......................
≤42 .......................
≥68
≥23
..........
..........
..........
..........
..........
..........
..........
..............
..............
..............
OP8
OP7
OP8
0
0
0
10
10
10
....................
....................
....................
UN3113
UN3115
UN3119
UN3106
UN3105
UN3106
UN3109
UN3102
UN3106
UN3106
UN3107
UN3109
UN3115
UN3115
UN3119
>67–77 .................
>27–67 .................
≤27 .......................
≤100 .....................
>37–100 ...............
≤42 .......................
≤37 .......................
>57–86 .................
≤57 .......................
≤77 .......................
>90–98 .................
≤90 .......................
≤87 .......................
≤77 .......................
≤52 .......................
≥23
..........
..........
..........
..........
..........
..........
..........
..........
..........
≤10
≥10
≥13
..........
..........
..........
≥33
≥73
..........
..........
..........
≥63
..........
..........
..........
..........
..........
..........
≥23
..........
..........
..........
..........
..........
..........
≥58
..........
≥14
≥3
≥6
..........
..........
..........
..........
..........
..............
..............
..............
..............
..............
..............
..............
..............
≥40
≥17
..............
..............
..............
..............
..............
OP5
OP7
OP8
OP7
OP7
OP7
OP8
OP1
OP7
OP7
OP8
OP8
OP7
OP7
OP8
0
0
30
..............
..............
..............
..............
..............
..............
..............
..............
..............
¥10
¥10
¥10
10
10
35
..................
..................
..................
..................
..................
..................
..................
..................
..................
0
0
0
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
13
13, 15
....................
....................
....................
UN3115
UN3115
UN3104
UN3105
UN3106
Exempt
≤77
≤77
≤91
≤72
≤72
≤32
≥23
..........
..........
≥28
..........
..........
..........
≥23
..........
..........
..........
>68
..........
..........
..........
..........
..........
..........
..............
..............
≥9
..............
..............
..............
OP7
OP7
OP6
OP7
OP7
Exempt
¥10
¥5
..............
..............
..............
..............
0
5
..................
..................
..................
..................
....................
....................
13
5
5, 21
29
VerDate Sep<11>2014
20:01 Apr 09, 2024
Jkt 262001
PO 00000
.......................
.......................
.......................
.......................
.......................
.......................
Frm 00050
Fmt 4701
Sfmt 4700
E:\FR\FM\10APR3.SGM
10APR3
25483
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
TABLE 1 TO PARAGRAPH (c)—ORGANIC PEROXIDE TABLE—Continued
ddrumheller on DSK120RN23PROD with RULES3
Technical name
Diluent
(mass %)
A
B
I
Water
(mass
%)
Concentration
(mass %)
ID No.
Packing
method
(6)
Temperature
(°C)
Notes
Control
Emergency
(7a)
(7b)
(8)
(1)
(2)
(3)
(4a)
(4b)
(4c)
(5)
Diacetone alcohol peroxides ..........................
Diacetyl peroxide ............................................
Di-tert-amyl peroxide ......................................
([3R- (3R, 5aS, 6S, 8aS, 9R, 10R, 12S,
12aR**)]-Decahydro-10-methoxy-3, 6, 9trimethyl-3, 12-epoxy-12H-pyrano [4, 3- j]1, 2-benzodioxepin).
2,2-Di-(tert-amylperoxy)-butane .....................
1,1-Di-(tert-amylperoxy)cyclohexane ..............
Dibenzoyl peroxide .........................................
Dibenzoyl peroxide .........................................
Dibenzoyl peroxide .........................................
Dibenzoyl peroxide .........................................
Dibenzoyl peroxide [as a paste] .....................
Dibenzoyl peroxide .........................................
Dibenzoyl peroxide .........................................
Dibenzoyl peroxide [as a paste] .....................
Dibenzoyl peroxide [as a paste] .....................
Dibenzoyl peroxide [as a stable dispersion in
water].
Dibenzoyl peroxide .........................................
Di-(4-tert-butylcyclohexyl)peroxydicarbonate
Di-(4-tert-butylcyclohexyl)peroxydicarbonate
[as a stable dispersion in water].
Di-(4-tert-butylcyclohexyl)peroxydicarbonate
[as a paste].
Di-tert-butyl peroxide ......................................
Di-tert-butyl peroxide ......................................
Di-tert-butyl peroxyazelate .............................
2,2-Di-(tert-butylperoxy)butane .......................
1,6-Di-(tert-butylperoxycarbonyloxy)hexane ...
1,1-Di-(tert-butylperoxy)cyclohexane ..............
1,1-Di-(tert-butylperoxy)cyclohexane ..............
1,1-Di-(tert-butylperoxy)-cyclohexane ............
1,1-Di-(tert-butylperoxy)cyclohexane ..............
1,1-Di-(tert-butylperoxy)cyclohexane ..............
1,1-Di-(tert-butylperoxy)cyclohexane ..............
1,1-Di-(tert-butylperoxy)cyclohexane ..............
1,1-Di-(tert-Butylperoxy) cyclohexane ............
1,1-Di-(tert-butylperoxy)cyclohexane ..............
1,1-Di-(tert-butylperoxy)cyclohexane ..............
1,1-Di-(tert-butylperoxy)cyclohexane + tertButyl peroxy-2-ethylhexanoate.
Di-n-butyl peroxydicarbonate .........................
Di-n-butyl peroxydicarbonate .........................
Di-n-butyl peroxydicarbonate [as a stable dispersion in water (frozen)].
Di-sec-butyl peroxydicarbonate ......................
Di-sec-butyl peroxydicarbonate ......................
Di-(tert-butylperoxyisopropyl) benzene(s) ......
Di-(tert-butylperoxyisopropyl) benzene(s) ......
Di-(tert-butylperoxy)phthalate .........................
Di-(tert-butylperoxy)phthalate [as a paste] .....
Di-(tert-butylperoxy)phthalate .........................
2,2-Di-(tert-butylperoxy)propane ....................
2,2-Di-(tert-butylperoxy)propane ....................
1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5trimethylcyclohexane.
Dicetyl peroxydicarbonate ..............................
Dicetyl peroxydicarbonate [as a stable dispersion in water].
Di-4-chlorobenzoyl peroxide ...........................
Di-4-chlorobenzoyl peroxide ...........................
Di-2,4-dichlorobenzoyl peroxide [as a paste]
Di-4-chlorobenzoyl peroxide [as a paste] ......
UN3115
UN3115
UN3107
UN3106
≤57 .......................
≤27 .......................
≤100 .....................
≤100 .....................
..........
..........
..........
..........
≥26
≥73
..........
..........
..........
..........
..........
..........
≥8
..............
..............
..............
OP7
OP7
OP8
OP7
40
20
..............
..............
45
25
..................
..................
5
8, 13
....................
....................
UN3105
UN3103
UN3102
UN3102
UN3104
UN3106
UN3106
UN3106
UN3107
UN3108
UN3108
UN3109
≤57 .......................
≤82 .......................
>52–100 ...............
>77–94 .................
≤77 .......................
≤62 .......................
>52–62 .................
>35–52 .................
>36–42 .................
≤56.5 ....................
≤52 .......................
≤42 .......................
≥43
≥18
..........
..........
..........
..........
..........
..........
≥18
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
≤48
..........
..........
≥28
..........
≥48
..........
..........
..........
..........
..............
..............
..............
≥6
≥23
≥10
..............
..............
≤40
≥15
..............
..............
OP7
OP6
OP2
OP4
OP6
OP7
OP7
OP7
OP8
OP8
OP8
OP8
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
....................
....................
3
3
....................
....................
21
....................
....................
....................
21
....................
Exempt
UN3114
UN3119
≤35 .......................
≤100 .....................
≤42 .......................
..........
..........
..........
..........
..........
..........
≥65
..........
..........
..............
..............
..............
Exempt
OP6
OP8
..............
30
30
..................
35
35
29
....................
....................
UN3118
≤42 .......................
..........
..........
..........
..............
OP8
35
40
....................
UN3107
UN3109
UN3105
UN3103
UN3103
UN3101
UN3103
UN3103
UN3105
UN3106
UN3107
UN3109
UN3109
UN3109
UN3109
UN3105
>52–100 ...............
≤52 .......................
≤52 .......................
≤52 .......................
≤72 .......................
>80–100 ...............
>52–80 .................
≤72 .......................
>42–52 .................
≤42 .......................
≤27 .......................
≤42 .......................
≤37 .......................
≤25 .......................
≤13 .......................
≤43+≤16 ...............
..........
..........
≥48
≥48
≥28
..........
≥20
..........
≥48
≥13
≥25
≥58
≥63
≥25
≥13
≥41
..........
≥48
..........
..........
..........
..........
..........
≥28
..........
..........
..........
..........
..........
≥50
≥74
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
≥45
..........
..........
..........
..........
..........
..........
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
OP8
OP8
OP7
OP6
OP5
OP5
OP5
OP5
OP7
OP7
OP8
OP8
OP8
OP8
OP8
OP7
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
..................
....................
24
....................
....................
....................
....................
....................
30
....................
....................
22
....................
....................
....................
....................
....................
UN3115
UN3117
UN3118
>27–52 .................
≤27 .......................
≤42 .......................
..........
..........
..........
≥48
≥73
..........
..........
..........
..........
..............
..............
..............
OP7
OP8
OP8
¥15
¥10
¥15
¥5
0
¥5
....................
....................
....................
UN3113
UN3115
UN3106
Exempt
UN3105
UN3106
UN3107
UN3105
UN3106
UN3101
>52–100 ...............
≤52 .......................
>42–100 ...............
≤42 .......................
>42–52 .................
≤52 .......................
≤42 .......................
≤52 .......................
≤42 .......................
>90–100 ...............
..........
..........
..........
..........
≥48
..........
≥58
≥48
≥13
..........
..........
≥48
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
≤57
≥58
..........
..........
..........
..........
≥45
..........
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
OP4
OP7
OP7
Exempt
OP7
OP7
OP8
OP7
OP7
OP5
¥20
¥15
..............
..............
..............
..............
..............
..............
..............
..............
¥10
¥5
..................
..................
..................
..................
..................
..................
..................
..................
6
....................
1, 9
....................
....................
21
....................
....................
....................
....................
UN3103
>57–90 .................
≥10
..........
..........
..............
OP5
..............
..................
....................
UN3103
≤77 .......................
..........
≥23
..........
..............
OP5
..............
..................
....................
UN3103
≤90 .......................
..........
≥10
..........
..............
OP5
..............
..................
30
UN3110
≤57 .......................
..........
..........
≥43
..............
OP8
..............
..................
....................
UN3107
≤57 .......................
≥43
..........
..........
..............
OP8
..............
..................
....................
UN3107
≤32 .......................
≥26
≥42
..........
..............
OP8
..............
..................
....................
UN3120
UN3119
≤100 .....................
≤42 .......................
..........
..........
..........
..........
..........
..........
..............
..............
OP8
OP8
30
30
35
35
....................
....................
UN3102
Exempt
UN3118
UN3106
≤77
≤32
≤52
≤52
..........
..........
..........
..........
..........
..........
..........
..........
..........
≥68
..........
..........
≥23
..............
..............
..............
OP5
Exempt
OP8
OP7
..............
..............
20
..............
..................
..................
25
..................
....................
29
....................
21
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20:01 Apr 09, 2024
Jkt 262001
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.......................
.......................
.......................
.......................
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Fmt 4701
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E:\FR\FM\10APR3.SGM
10APR3
25484
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
TABLE 1 TO PARAGRAPH (c)—ORGANIC PEROXIDE TABLE—Continued
ddrumheller on DSK120RN23PROD with RULES3
Technical name
Diluent
(mass %)
A
B
I
Water
(mass
%)
Concentration
(mass %)
ID No.
Packing
method
Temperature
(°C)
Notes
Control
Emergency
(1)
(2)
(3)
(4a)
(4b)
(4c)
(5)
(6)
(7a)
(7b)
(8)
Dicumyl peroxide ............................................
Dicumyl peroxide ............................................
Dicyclohexyl peroxydicarbonate .....................
Dicyclohexyl peroxydicarbonate .....................
Dicyclohexyl peroxydicarbonate [as a stable
dispersion in water].
Didecanoyl peroxide .......................................
2,2-Di-(4,4-di(tertbutylperoxy)cyclohexyl)propane.
2,2-Di-(4,4-di(tertbutylperoxy)cyclohexyl)propane.
Di-2,4-dichlorobenzoyl peroxide .....................
Di-2,4-dichlorobenzoyl peroxide [as a paste
with silicone oil].
Di-(2-ethoxyethyl) peroxydicarbonate ............
Di-(2-ethylhexyl) peroxydicarbonate ...............
Di-(2-ethylhexyl) peroxydicarbonate ...............
Di-(2-ethylhexyl) peroxydicarbonate [as a
stable dispersion in water].
Di-(2-ethylhexyl) peroxydicarbonate [as a
stable dispersion in water].
Di-(2-ethylhexyl) peroxydicarbonate [as a
stable dispersion in water (frozen)].
2,2-Dihydroperoxypropane .............................
Di-(1-hydroxycyclohexyl)peroxide ..................
Diisobutyryl peroxide ......................................
Diisobutyryl peroxide [as a stable dispersion
in water].
Diisobutyryl peroxide ......................................
Diisopropylbenzene dihydroperoxide .............
Diisopropyl peroxydicarbonate .......................
Diisopropyl peroxydicarbonate .......................
Diisopropyl peroxydicarbonate .......................
Dilauroyl peroxide ...........................................
Dilauroyl peroxide [as a stable dispersion in
water].
Di-(3-methoxybutyl) peroxydicarbonate .........
Di-(2-methylbenzoyl)peroxide .........................
Di-(4-methylbenzoyl)peroxide [as a paste
with silicone oil].
Di-(3-methylbenzoyl) peroxide + Benzoyl (3methylbenzoyl) peroxide + Dibenzoyl peroxide.
2,5-Dimethyl-2,5-di-(benzoylperoxy)hexane ...
2,5-Dimethyl-2,5-di-(benzoylperoxy)hexane ...
2,5-Dimethyl-2,5-di-(benzoylperoxy)hexane ...
2,5-Dimethyl-2,5-di-(tert-butylperoxy)hexane
2,5-Dimethyl-2,5-di-(tert-butylperoxy)hexane
2,5-Dimethyl-2,5-di-(tert-butylperoxy)hexane
2,5-Dimethyl-2,5-di-(tert-butylperoxy)hexane
2,5-Dimethyl-2,5-di-(tert-butylperoxy)hexane
[as a paste].
2,5-Dimethyl-2,5-di-(tert-butylperoxy)hexyne3.
2,5-Dimethyl-2,5-di-(tert-butylperoxy)hexyne3.
2,5-Dimethyl-2,5-di-(tert-butylperoxy)hexyne3.
2,5-Dimethyl-2,5-di-(2ethylhexanoylperoxy)hexane.
2,5-Dimethyl-2,5-dihydroperoxyhexane ..........
2,5-Dimethyl-2,5-di-(3,5,5trimethylhexanoylperoxy)hexane.
1,1-Dimethyl-3hydroxybutylperoxyneoheptanoate.
Dimyristyl peroxydicarbonate .........................
Dimyristyl peroxydicarbonate [as a stable
dispersion in water].
Di-(2-neodecanoylperoxyisopropyl)benzene ..
Di-(2-neodecanoyl-peroxyisopropyl) benzene,
as stable dispersion in water.
Di-n-nonanoyl peroxide ..................................
Di-n-octanoyl peroxide ...................................
Di-(2-phenoxyethyl)peroxydicarbonate ...........
Di-(2-phenoxyethyl)peroxydicarbonate ...........
Dipropionyl peroxide .......................................
Di-n-propyl peroxydicarbonate .......................
UN3110
Exempt
UN3112
UN3114
UN3119
>52–100 ...............
≤52 .......................
>91–100 ...............
≤91 .......................
≤42 .......................
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
≤48
≥48
..........
..........
..........
..............
..............
..............
≥9
..............
OP8
Exempt
OP3
OP5
OP8
..............
..............
10
10
15
..................
..................
15
15
20
9
29
....................
....................
....................
UN3114
UN3106
≤100 .....................
≤42 .......................
..........
..........
..........
..........
..........
≥58
..............
..............
OP6
OP7
30
..............
35
..................
....................
....................
UN3107
≤22 .......................
..........
≥78
..........
..............
OP8
..............
..................
....................
UN3102
UN3106
≤77 .......................
≤52 .......................
..........
..........
..........
..........
..........
..........
≥23
..............
OP5
OP7
..............
..............
..................
..................
....................
....................
UN3115
UN3113
UN3115
UN3119
≤52 .......................
>77–100 ...............
≤77 .......................
≤62 .......................
..........
..........
..........
..........
≥48
..........
≥23
..........
..........
..........
..........
..........
..............
..............
..............
..............
OP7
OP5
OP7
OP8
¥10
¥20
¥15
¥15
0
¥10
¥5
¥5
....................
....................
....................
....................
UN3119
≤52 .......................
..........
..........
..........
..............
OP8
¥15
¥5
....................
UN3120
≤52 .......................
..........
..........
..........
..............
OP8
¥15
¥5
....................
UN3102
UN3106
UN3111
UN3119
≤27 .......................
≤100 .....................
>32–52 .................
≤42 .......................
..........
..........
..........
..........
..........
..........
≥48
..........
≥73
..........
..........
..........
..............
..............
..............
..............
OP5
OP7
OP5
OP8
..............
..............
¥20
¥20
..................
..................
¥10
¥10
....................
....................
....................
....................
UN3115
UN3106
UN3112
UN3115
UN3115
UN3106
UN3109
≤32 .......................
≤82 .......................
>52–100 ...............
≤52 .......................
≤32 .......................
≤100 .....................
≤42 .......................
..........
≥5
..........
..........
≥68
..........
..........
≥68
..........
..........
≥48
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..............
≥5
..............
..............
..............
..............
..............
OP7
OP7
OP2
OP7
OP7
OP7
OP8
¥20
..............
¥15
¥20
¥15
..............
..............
¥10
..................
¥5
¥10
¥5
..................
..................
....................
17
....................
....................
....................
....................
....................
UN3115
UN3112
UN3106
≤52 .......................
≤87 .......................
≤52 .......................
..........
..........
..........
≥48
..........
..........
..........
..........
..........
..............
≥13
..............
OP7
OP5
OP7
¥5
30
..............
5
35
..................
....................
....................
....................
UN3115
≤20 + ≤18 + ≤4 ....
..........
≥58
..........
..............
OP7
35
40
....................
UN3102
UN3106
UN3104
UN3103
UN3105
UN3108
UN3109
UN3108
>82–100 ...............
≤82 .......................
≤82 .......................
>90–100 ...............
>52–90 .................
≤77 .......................
≤52 .......................
≤47 .......................
..........
..........
..........
..........
≥10
..........
≥48
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
≥18
..........
..........
..........
≥23
..........
..........
..............
..............
≥18
..............
..............
..............
..............
..............
OP5
OP7
OP5
OP5
OP7
OP8
OP8
OP8
..............
..............
..............
..............
..............
..............
..............
..............
..................
..................
..................
..................
..................
..................
..................
..................
....................
....................
....................
....................
....................
....................
....................
....................
UN3101
>86–100 ...............
..........
..........
..........
..............
OP5
..............
..................
....................
UN3103
>52–86 .................
≥14
..........
..........
..............
OP5
..............
..................
....................
UN3106
≤52 .......................
..........
..........
≥48
..............
OP7
..............
..................
....................
UN3113
≤100 .....................
..........
..........
..........
..............
OP5
20
25
....................
UN3104
UN3105
≤82 .......................
≤77 .......................
..........
≥23
..........
..........
..........
..........
≥18
..............
OP6
OP7
..............
..............
..................
..................
....................
....................
UN3117
≤52 .......................
≥48
..........
..........
..............
OP8
0
10
....................
UN3116
UN3119
≤100 .....................
≤42 .......................
..........
..........
..........
..........
..........
..........
..............
..............
OP7
OP8
20
20
25
25
....................
....................
UN3115
UN3119
≤52 .......................
≤42 .......................
≥48
..........
..........
..........
..........
..........
..............
..............
OP7
OP8
¥10
¥15
0
¥5
....................
....................
UN3116
UN3114
UN3102
UN3106
UN3117
UN3113
≤100 .....................
≤100 .....................
>85–100 ...............
≤85 .......................
≤27 .......................
≤100 .....................
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
≥73
..........
..........
..........
..........
..........
..........
..........
..............
..............
..............
≥15
..............
..............
OP7
OP5
OP5
OP7
OP8
OP3
0
10
..............
..............
15
¥25
10
15
..................
..................
20
¥15
....................
....................
....................
....................
....................
....................
VerDate Sep<11>2014
20:01 Apr 09, 2024
Jkt 262001
PO 00000
Frm 00052
Fmt 4701
Sfmt 4700
E:\FR\FM\10APR3.SGM
10APR3
25485
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
TABLE 1 TO PARAGRAPH (c)—ORGANIC PEROXIDE TABLE—Continued
ddrumheller on DSK120RN23PROD with RULES3
Technical name
Diluent
(mass %)
A
B
I
Water
(mass
%)
Concentration
(mass %)
ID No.
Packing
method
(6)
Temperature
(°C)
Notes
Control
Emergency
(7a)
(7b)
(8)
(1)
(2)
(3)
(4a)
(4b)
(4c)
(5)
Di-n-propyl peroxydicarbonate .......................
Disuccinic acid peroxide .................................
Disuccinic acid peroxide .................................
Di-(3,5,5-trimethylhexanoyl) peroxide ............
Di-(3,5,5-trimethylhexanoyl)peroxide [as a
stable dispersion in water].
Di-(3,5,5-trimethylhexanoyl) peroxide ............
Di-(3,5,5-trimethylhexanoyl)peroxide ..............
Ethyl 3,3-di-(tert-amylperoxy)butyrate ............
Ethyl 3,3-di-(tert-butylperoxy)butyrate ............
Ethyl 3,3-di-(tert-butylperoxy)butyrate ............
Ethyl 3,3-di-(tert-butylperoxy)butyrate ............
1-(2-ethylhexanoylperoxy)-1,3-Dimethylbutyl
peroxypivalate.
tert-Hexyl peroxyneodecanoate .....................
tert-Hexyl peroxypivalate ................................
tert-Hexyl peroxypivalate ................................
UN3113
UN3102
UN3116
UN3115
UN3119
≤77 .......................
>72–100 ...............
≤72 .......................
>52–82 .................
≤52 .......................
..........
..........
..........
≥18
..........
≥23
..........
..........
..........
..........
..........
..........
..........
..........
..........
..............
..............
≥28
..............
..............
OP5
OP4
OP7
OP7
OP8
¥20
..............
10
0
10
¥10
..................
15
10
15
....................
18
....................
....................
....................
UN3119
UN3119
UN3105
UN3103
UN3105
UN3106
UN3115
>38–52 .................
≤38 .......................
≤67 .......................
>77–100 ...............
≤77 .......................
≤52 .......................
≤52 .......................
≥48
≥62
≥33
..........
≥23
..........
≥45
..........
..........
..........
..........
..........
..........
≥10
..........
..........
..........
..........
..........
≥48
..........
..............
..............
..............
..............
..............
..............
..............
OP8
OP8
OP7
OP5
OP7
OP7
OP7
10
20
..............
..............
..............
..............
¥20
15
25
..................
..................
..................
..................
¥10
....................
....................
....................
....................
....................
....................
....................
UN3115
UN3115
UN3117
≥29
..........
..........
..........
≥28
..........
..........
..........
..........
..............
..............
..............
OP7
OP7
OP8
0
10
+15
10
15
+20
....................
....................
....................
UN3115
≤71 .......................
≤72 .......................
≤52 as a stable
dispersion in
water.
≤77 .......................
≥23
..........
..........
..............
OP7
¥5
5
....................
UN3119
≤52 .......................
..........
..........
..........
..............
OP8
¥5
5
....................
UN3117
≤52 .......................
≥48
..........
..........
..............
OP8
¥5
5
....................
UN3111
≤52 + ≤28 + ≤22 ..
..........
..........
..........
..............
OP5
¥20
¥10
....................
UN3115
≤32 + ≤15 ¥18 +
≤12 ¥15.
≥38
..........
..........
..............
OP7
¥20
¥10
....................
UN3109
UN3105
UN3109
UN3115
UN3101
UN3105
UN3107
UN3105
UN3109
UN3103
UN3113
≤72 .......................
>72–100 ...............
≤72 .......................
≤67 .......................
≤52 .......................
≤45 .......................
≤40 .......................
≤62 .......................
(See remark 31) ...
...............................
...............................
≥28
..........
≥28
..........
≥48
≥55
≥60
≥19
≥70
..........
..........
..........
..........
..........
≥33
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
OP8
OP7
OP8
OP7
OP5
OP7
OP8
OP7
OP8
OP2
OP2
..............
..............
..............
35
..............
..............
..............
..............
..............
..............
..............
..................
..................
..................
40
..................
..................
..................
..................
..................
..................
..................
13
13
....................
....................
5, 13
5
7
5, 23
31
12
12
UN3104
UN3114
...............................
...............................
..........
..........
..........
..........
..........
..........
..............
..............
OP2
OP2
..............
..............
..................
..................
12
12
UN3107
UN3105
UN3107
UN3109
UN3107
≤100 .....................
≤43 .......................
≤43 .......................
≤43 .......................
≤36 .......................
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..............
..............
..............
..............
≥15
OP8
OP7
OP8
OP8
OP8
..............
..............
..............
..............
..............
..................
..................
..................
..................
..................
....................
13, 20
13, 20
13, 20, 28
13, 20, 28
Exempt
≤6 .........................
..........
..........
..........
≥60
Exempt
..............
..................
28
UN3109
≤17 .......................
..........
..........
..........
..............
OP8
..............
..................
13, 20, 28
UN3118
UN3109
UN3105
UN3109
UN3107
UN3106
UN3105
UN3115
≤100 .....................
≤38 .......................
>56–100 ...............
≤56 .......................
≤52 .......................
≤100 .....................
≤100 .....................
≤100 .....................
..........
..........
..........
≥44
..........
..........
..........
..........
..........
≥62
..........
..........
≥48
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..............
..............
..............
..............
..............
..............
..............
..............
OP8
OP8
OP7
OP8
OP8
OP7
OP7
OP7
35
..............
..............
..............
..............
..............
..............
15
40
..................
..................
..................
..................
..................
..................
20
....................
....................
13
....................
....................
....................
....................
....................
UN3115
≤72 .......................
..........
≥28
..........
..............
OP7
¥5
5
....................
UN3119
≤52 .......................
..........
..........
..........
..............
OP8
¥5
5
....................
UN3115
UN3110
≤77 .......................
≤17 .......................
≥23
≥18
..........
..........
..........
≥65
..............
..............
OP7
OP8
0
..............
10
..................
....................
....................
3-Hydroxy-1,1-dimethylbutyl
peroxyneodecanoate.
3-Hydroxy-1,1-dimethylbutyl
peroxyneodecanoate [as a stable dispersion in water].
3-Hydroxy-1,1-dimethylbutyl
peroxyneodecanoate.
Isopropyl sec-butyl peroxydicarbonat + Disec-butyl peroxydicarbonate + Di-isopropyl
peroxydicarbonate.
Isopropyl sec-butyl peroxydicarbonate + Disec-butyl peroxydicarbonate + Di-isopropyl
peroxydicarbonate.
Isopropylcumyl hydroperoxide ........................
p-Menthyl hydroperoxide ................................
p-Menthyl hydroperoxide ................................
Methylcyclohexanone peroxide(s) ..................
Methyl ethyl ketone peroxide(s) .....................
Methyl ethyl ketone peroxide(s) .....................
Methyl ethyl ketone peroxide(s) .....................
Methyl isobutyl ketone peroxide(s) ................
Methyl isopropyl ketone peroxide(s) ..............
Organic peroxide, liquid, sample ....................
Organic peroxide, liquid, sample, temperature controlled.
Organic peroxide, solid, sample .....................
Organic peroxide, solid, sample, temperature
controlled.
3,3,5,7,7-Pentamethyl-1,2,4-Trioxepane ........
Peroxyacetic acid, type D, stabilized .............
Peroxyacetic acid, type E, stabilized .............
Peroxyacetic acid, type F, stabilized ..............
Peroxyacetic acid or peracetic acid [with not
more than 7% hydrogen peroxide].
Peroxyacetic acid or peracetic acid [with not
more than 20% hydrogen peroxide].
Peroxyacetic acid or peracetic acid [with not
more than 26% hydrogen peroxide].
Peroxylauric acid ............................................
1-Phenylethyl hydroperoxide ..........................
Pinanyl hydroperoxide ....................................
Pinanyl hydroperoxide ....................................
Polyether poly-tert-butylperoxycarbonate .......
Tetrahydronaphthyl hydroperoxide .................
1,1,3,3-Tetramethylbutyl hydroperoxide .........
1,1,3,3-Tetramethylbutyl peroxy-2ethylhexanoate.
1,1,3,3-Tetramethylbutyl
peroxyneodecanoate.
1,1,3,3-Tetramethylbutyl
peroxyneodecanoate [as a stable dispersion in water].
1,1,3,3-tetramethylbutyl peroxypivalate ..........
3,6,9-Triethyl-3,6,9-trimethyl-1,4,7triperoxonane.
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E:\FR\FM\10APR3.SGM
10APR3
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
TABLE 1 TO PARAGRAPH (c)—ORGANIC PEROXIDE TABLE—Continued
Technical name
(1)
3,6,9-Triethyl-3,6,9-trimethyl-1,4,7triperoxonane.
Diluent
(mass %)
A
B
I
Water
(mass
%)
(4a)
(4b)
(4c)
(5)
..........
..........
..............
Concentration
(mass %)
ID No.
(2)
(3)
UN3105
≤42 .......................
≥58
Packing
method
(6)
OP7
Temperature
(°C)
Control
Emergency
(7a)
(7b)
..............
..................
Notes
(8)
26
Notes:
1. For domestic shipments, OP8 is authorized.
2. Available oxygen must be <4.7%.
3. For concentrations <80% OP5 is allowed. For concentrations of at least 80% but <85%, OP4 is allowed. For concentrations of at least 85%, maximum package
size is OP2.
4. The diluent may be replaced by di-tert-butyl peroxide.
5. Available oxygen must be ≤9% with or without water.
6. For domestic shipments, OP5 is authorized.
7. Available oxygen must be ≤8.2% with or without water.
8. Only non-metallic packagings are authorized.
9. For domestic shipments this material may be transported under the provisions of paragraph (h)(3)(xii) of this section.
10. [Reserved]
11. [Reserved]
12. Samples may only be offered for transportation under the provisions of paragraph (b)(2) of this section.
13. ‘‘Corrosive’’ subsidiary risk label is required.
14. [Reserved]
15. No ‘‘Corrosive’’ subsidiary risk label is required for concentrations below 80%.
16. With <6% di-tert-butyl peroxide.
17. With ≤8% 1-isopropylhydroperoxy-4-isopropylhydroxybenzene.
18. Addition of water to this organic peroxide will decrease its thermal stability.
19. [Reserved]
20. Mixtures with hydrogen peroxide, water, and acid(s).
21. With diluent type A, with or without water.
22. With ≥36%% diluent type A by mass, and in addition ethylbenzene.
23. With ≥19% diluent type A by mass, and in addition methyl isobutyl ketone.
24. Diluent type B with boiling point >100 C.
25. No ‘‘Corrosive’’ subsidiary risk label is required for concentrations below 56%.
26. Available oxygen must be ≤7.6%.
27. Formulations derived from distillation of peroxyacetic acid originating from peroxyacetic acid in a concentration of not more than 41% with water, total active oxygen less than or equal to 9.5% (peroxyacetic acid plus hydrogen peroxide).
28. For the purposes of this section, the names ‘‘Peroxyacetic acid’’ and ‘‘Peracetic acid’’ are synonymous.
29. Not subject to the requirements of this subchapter for Division 5.2.
30. Diluent type B with boiling point >130 °C (266 °F).
31. Available oxygen ≤6.7%.
32. Active oxygen concentration ≤4.15%.
*
*
*
*
*
(g) * * *
TABLE 4 TO PARAGRAPH (g)—ORGANIC PEROXIDE PORTABLE TANK TABLE
UN No.
Hazardous material
3109 .....
ORGANIC PEROXIDE, TYPE F,
LIQUID.
Minimum shell
thickness
(mm-reference
steel)
See . . .
Minimum test
pressure
(bar)
*
tert-Butyl
hydroperoxide,
not more than
56% with diluent
type B 2.
*
*
*
4
Bottom opening
requirements
See . . .
Pressure-relief
requirements
See . . .
*
§ 178.274(d)(2)
*
§ 178.275(d)(3)
*
§ 178.275(g)(1)
*
*
*
Filling limits
*
Not more than
90% at 59 °F
(15 °C).
*
Control
temperature
Emergency
temperature
*
*
Notes:
1. ‘‘Corrosive’’ subsidiary risk placard is required.
2. Diluent type B is tert-Butyl alcohol.
*
*
*
*
*
20. In § 173.232, add paragraph (h) to
read as follows:
ddrumheller on DSK120RN23PROD with RULES3
■
§ 173.232 Articles containing hazardous
materials, n.o.s.
*
*
*
*
*
(h) For transport by aircraft, the
following additional requirements
apply:
VerDate Sep<11>2014
20:01 Apr 09, 2024
Jkt 262001
(1) Articles transported under
UN3548, which do not have an existing
proper shipping name, and which
contain only environmentally hazardous
substances where the quantity of the
environmentally hazardous substance in
the article exceeds 5 L or 5 kg, must be
prepared for transport in accordance
with this section for transport by air. In
addition to the environmentally
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hazardous substance, the article may
also contain lithium cells or batteries
that comply with § 173.185(c)(4).
(2) Articles transported under
UN3538, which do not have an existing
proper shipping name, and which
contain only gases of Division 2.2
without a subsidiary hazard, but
excluding refrigerated liquefied gases
and gases forbidden for transport on
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*
*
*
*
*
(c) * * *
(1) When the use of a valve is
prescribed, the valve must conform to
the requirements in ISO 10297:2014(E)
and ISO 10297:2014/Amd 1:2017 (IBR,
see § 171.7 of this subchapter). Quick
release cylinder valves for specification
and type testing must conform to the
requirements in ISO 17871:2020 or,
until December 31, 2026, ISO
17871:2015(E) (IBR, see § 171.7 of this
subchapter). Until December 31, 2026, a
quick release valve conforming to the
requirements in ISO 17871:2015(E) (IBR,
see § 171.7 of this subchapter) continues
to be authorized for use.
(2) * * *
(ii) By equipping the UN pressure
receptacle with a valve cap conforming
to the requirements of ISO
11117:1998(E), ISO 11117:2008(E) and
Technical Corrigendum 1, or ISO
11117:2019(E) (IBR, see § 171.7 of this
subchapter). Until December 31, 2026,
ddrumheller on DSK120RN23PROD with RULES3
in which Xf = fluorine concentration in % by
volume/100.
Kk = coefficient of equivalency of an inert gas
relative to nitrogen (coefficient of
nitrogen equivalency)
Xk = inert gas concentration in % by volume/
100
However, the working pressure for
mixtures of fluorine and inert gases
shall not exceed 200 bar. The minimum
test pressure of pressure receptacles for
mixtures of fluorine and inert gases
equals 1.5 times the working pressure or
200 bar, with the greater value to be
applied.
*
*
*
*
*
■ 23. In § 173.302c, revise paragraph (k)
to read as follows:
VerDate Sep<11>2014
20:01 Apr 09, 2024
Jkt 262001
§ 173.302c Additional requirements for the
shipment of adsorbed gases in UN pressure
receptacles.
*
*
*
*
*
(k) The filling procedure must be in
accordance with Annex A of ISO
11513:2019 (IBR, see § 171.7 of this
subchapter). Until December 31, 2026,
filling may instead be in accordance
with Annex A of ISO 11513:2011(E)
(IBR, see § 171.7 of this subchapter).
*
*
*
*
*
■ 24. Revise § 173.311 to read as
follows:
§ 173.311
Metal Hydride Storage Systems.
The following packing instruction is
applicable to transportable UN Metal
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December 31, 2026 (IBR, see § 171.7 of
this subchapter).
*
*
*
*
*
(f) Hydrogen bearing gases. A steel
UN pressure receptacle or a UN
composite pressure receptacle with a
steel liner bearing an ‘‘H’’ mark must be
used for hydrogen bearing gases or other
embrittling gases that have the potential
of causing hydrogen embrittlement.
*
*
*
*
*
22. In § 173.302b, add paragraph (g) to
read as follows:
■
§ 173.302b Additional requirements for
shipment of non-liquefied (permanent)
compressed gases in UN pressure
receptacles.
*
*
*
*
*
(g) Mixtures of Fluorine with Nitrogen.
Mixtures of fluorine and nitrogen with
a fluorine concentration below 35% by
volume may be filled in pressure
receptacles up to a maximum allowable
working pressure for which the partial
pressure of fluorine does not exceed 31
bar (abs.).
working pressure (bar)
31 < Xf
1
in which Xf = fluorine concentration in % by
volume/100.
Mixtures of fluorine and inert gases
with a fluorine concentration below
35% by volume may be filled in
pressure receptacles up to a maximum
allowable working pressure for which
the partial pressure of fluorine does not
exceed 31 bar (abs.), additionally taking
the coefficient of nitrogen equivalency
in accordance with ISO 10156:2017 into
account when calculating the partial
pressure.
hydride storage systems (UN3468) with
pressure receptacles not exceeding 150
liters (40 gallons) in water capacity, and
having a maximum developed pressure
not exceeding 25 MPa. UN Metal
hydride storage systems must be
designed, constructed, initially
inspected, and tested in accordance
with ISO 16111:2018 (IBR, see § 171.7 of
this subchapter), consistent with
§ 178.71(m) of this subchapter. Until
December 31, 2026, UN Metal hydride
storage systems may instead conform to
ISO 16111:2008(E) (IBR, see § 171.7 of
this subchapter). Steel pressure
receptacles or composite pressure
receptacles with steel liners must be
marked in accordance with
E:\FR\FM\10APR3.SGM
10APR3
ER10AP24.016</GPH>
§ 173.301b Additional general
requirements for shipment of UN pressure
receptacles.
the manufacture of a valve cap
conforming to the requirements ISO
11117:2008(E) and Technical
Corrigendum 1 (IBR, see § 171.7 of this
subchapter) is authorized. Until
December 31, 2014, the manufacture of
a valve cap conforming to the
requirements in ISO 11117:1998(E) (IBR,
see § 171.7 of this subchapter) was
authorized. The cap must have vent
holes of sufficient cross-sectional area to
evacuate the gas if leakage occurs at the
valve.
(iii) By protecting the valves with
shrouds or guards conforming to the
requirements in ISO 11117:2019 (IBR,
see § 171.7 of this subchapter). Until
December 31, 2026, the valves may
continue to be protected by shrouds or
guards conforming to the requirements
in ISO 11117:2008 and Technical
Corrigendum 1 (IBR, see § 171.7 of this
subchapter). For metal hydride storage
systems, by protecting the valves in
accordance with the requirements in
ISO 16111:2018(E) or, until December
31, 2026, in accordance with ISO
16111:2008(E) (IBR, see § 171.7 of this
subchapter).
(iv) By using valves designed and
constructed with sufficient inherent
strength to withstand damage, in
accordance with Annex B of ISO
10297:2014(E)/Amd. 1:2017 (IBR, see
§ 171.7 of this subchapter);
*
*
*
*
*
(d) Non-refillable UN pressure
receptacles. (1) When the use of a valve
is prescribed, the valve must conform to
the requirements in ISO 11118:2015(E)
and ISO 11118:2015/Amd 1:2019 until
further notice. Conformance with ISO
11118:2015 without the supplemental
amendment is authorized until
ER10AP24.015</GPH>
passenger aircraft, where the quantity of
the Division 2.2 gas exceeds the
quantity limits for UN 3363, as
prescribed in § 173.222 must be
prepared for transport in accordance
with this section. Articles transported
under this provision are limited to a
maximum net quantity of gas of 75 kg
by passenger aircraft and 150 kg by
cargo-only aircraft. In addition to the
Division 2.2 gas, the article may also
contain lithium cells or batteries that
comply with § 173.185(c)(4).
■ 21. In § 173.301b, revise paragraphs
(c)(1), (c)(2)(ii) through (iv), (d)(1), and
(f) to read as follows:
25487
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
§ 173.301b(f), which specifies that a
steel UN pressure receptacle displaying
an ‘‘H’’ mark must be used for
hydrogen-bearing gases or other gases
that may cause hydrogen embrittlement.
Requalification intervals must be no
more than every five years, as specified
in § 180.207 of this subchapter, in
accordance with the requalification
procedures prescribed in ISO
16111:2018 or ISO 16111:2008.
*
*
*
*
*
PART 175—CARRIAGE BY AIRCRAFT
25. The authority citation for part 175
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.81 and 1.97.
26. In § 175.1, add paragraph (e) to
read as follows:
■
§ 175.1
Purpose, scope, and applicability.
*
*
*
*
*
(e) In addition to the requirements of
this part, air carriers that are certificate
holders authorized to conduct
operations in accordance with 14 CFR
part 121 are also required to have a
Safety Management System that meets
the conditions of 14 CFR part 5 and is
acceptable to the Federal Aviation
Administration (FAA) Administrator.
■ 27. In § 175.10, revise paragraph (a)
introductory text, (a)(14) introductory
text, (a)(15)(v)(A), (a)(15)(vi)(A),
(a)(17)(ii)(C), (a)(18) introductory text,
and (a)(26) introductory text to read as
follows:
§ 175.10 Exceptions for passengers,
crewmembers, and air operators.
ddrumheller on DSK120RN23PROD with RULES3
*
*
*
*
*
(a) This subchapter does not apply to
the following hazardous materials when
carried by aircraft passengers or
crewmembers provided the
requirements of §§ 171.15 and 171.16 of
this subchapter (see paragraph (c) of this
section) and the requirements of this
section are met. The most appropriate
description of the hazardous material
item or article must be selected and the
associated conditions for exception
must be followed:
*
*
*
*
*
(14) Battery powered heat-producing
devices (e.g., battery-operated
equipment such as diving lamps and
soldering equipment) as checked or
carry-on baggage and with the approval
of the operator of the aircraft. The
heating element, the battery, or other
component (e.g., fuse) must be isolated
to prevent unintentional activation
during transport. Any battery that is
removed must be carried in accordance
with the provisions for spare batteries in
paragraph (a)(18) of this section. Each
VerDate Sep<11>2014
20:01 Apr 09, 2024
Jkt 262001
lithium battery must be of a type that
meets the requirements of each test in
the UN Manual of Tests and Criteria,
Part III, Subsection 38.3 (IBR, see
§ 171.7 of this subchapter), and each
installed or spare lithium battery:
*
*
*
*
*
(15) * * *
(v) * * *
(A) Adequately protected against
damage by design of the wheelchair or
mobility aid and securely attached to
the wheelchair or mobility aid; or
*
*
*
*
*
(vi) * * *
(A) Adequately protected against
damage by design of the wheelchair or
mobility aid and securely attached to
the wheelchair or mobility aid; or
*
*
*
*
*
(17) * * *
(ii) * * *
(C) The battery is adequately
protected against damage by design of
the wheelchair or mobility aid and
securely attached to the wheelchair or
other mobility aid; and
*
*
*
*
*
(18) Except as provided in § 173.21 of
this subchapter, portable electronic
devices (e.g., watches, calculating
machines, cameras, cellular phones,
laptop and notebook computers,
camcorders, medical devices, etc.),
containing dry cells or dry batteries
(including lithium cells or batteries) and
spare dry cells or batteries for these
devices, when carried by passengers or
crew members for personal use. Portable
electronic devices powered by lithium
batteries may be carried in either
checked or carry-on baggage. When
carried in checked baggage, portable
electronic devices powered by lithium
batteries must be completely switched
off (i.e., not in sleep or hibernation
mode) and protected to prevent
unintentional activation or damage,
except portable electronic devices
powered by lithium batteries with
lithium content not exceeding 0.3 grams
for lithium metal batteries and 2.7 Wh
for lithium ion batteries are not required
to be switched off. Spare lithium
batteries must be carried in carry-on
baggage only. Each installed or spare
lithium battery must be of a type proven
to meet the requirements of each test in
the UN Manual of Tests and Criteria,
Part III, Sub-section 38.3, and each spare
lithium battery must be individually
protected so as to prevent short circuits
(e.g., by placement in original retail
packaging, by otherwise insulating
terminals by taping over exposed
terminals, or placing each battery in a
separate plastic bag or protective
PO 00000
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Fmt 4701
Sfmt 4700
pouch). In addition, each installed or
spare lithium battery:
*
*
*
*
*
(26) Baggage equipped with lithium
batteries must be carried as carry-on
baggage unless the lithium batteries are
removed from the baggage. Each lithium
battery must be of a type which meets
the requirements of each test in the UN
Manual of Tests and Criteria, Part III,
Subsection 38.3 (IBR, see § 171.7 of this
subchapter). Additionally, removed
batteries must be carried in accordance
with the provision for spare batteries
prescribed in paragraph (a)(18) of this
section. Baggage equipped with lithium
batteries may be carried as checked
baggage and electronic features may
remain active if the batteries do not
exceed:
*
*
*
*
*
■ 28. In § 175.33, revise paragraph
(a)(13)(iii) to read as follows:
§ 175.33 Shipping paper and information
to the pilot-in-command.
(a) * * *
(13) * * *
(iii) UN3481 and UN3091 are not
required to appear on the information
provided to the pilot-in-command when
prepared in accordance with
§ 173.185(c).
*
*
*
*
*
PART 178—SPECIFICATIONS FOR
PACKAGINGS
29. 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.
30. In § 178.37, revise paragraph (j) to
read as follows:
■
§ 178.37 Specification 3AA and 3AAX
seamless steel cylinders.
*
*
*
*
*
(j) Flattening test. A flattening test
must be performed on one cylinder,
taken at random out of each lot of 200
or fewer, by placing the cylinder
between wedge shaped knife edges,
having a 60-degree included angle,
rounded to 1⁄2-inch radius. The
longitudinal axis of the cylinder must be
at a 90-degree angle to the knife edges
during the test. For lots of 30 or fewer,
flattening tests are authorized to be
made on a ring at least eight (8) inches
long, cut from each cylinder and
subjected to the same heat treatment as
the finished cylinder. Cylinders may be
subjected to a bend test in lieu of the
flattening test. Two bend test specimens
must be taken in accordance with ISO
9809–1:2019(E) or ASTM E290 (IBR, see
§ 171.7 of this subchapter), and must be
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subjected to the bend test specified
therein.
*
*
*
*
*
■ 31. In § 178.71, revise paragraphs
(f)(4), (g), (i), (k)(1)(i) and (ii), (m), and
(n) to read as follows:
§ 178.71 Specifications for UN pressure
receptacles.
ddrumheller on DSK120RN23PROD with RULES3
*
*
*
*
*
(f) * * *
(4) ISO 21172–1:2015(E) Gas
cylinders—Welded steel pressure drums
up to 3,000 litres capacity for the
transport of gases—Design and
construction—Part 1: Capacities up–to
1,000 litres (IBR, see § 171.7 of this
subchapter) in combination with ISO
21172–1:2015/Amd 1:2018(E)—Gas
Cylinders—Welded steel pressure
drums up to 3,000 litres capacity for the
transport of gases—Design and
construction—Part 1: Capacities up—to
1,000 litres—Amendment 1 (IBR, see
§ 171.7 of this subchapter). Until
December 31, 2026, the use of ISO
21172–1:2015 (IBR, see § 171.7 of this
subchapter) without the supplemental
amendment is authorized.
*
*
*
*
*
(g) Design and construction
requirements for UN refillable seamless
steel cylinders. In addition to the
general requirements of this section, UN
refillable seamless steel cylinders must
conform to the following ISO standards,
as applicable:
(1) ISO 9809–1:2019(E), Gas
cylinders—Refillable seamless steel gas
cylinders—Design, construction, and
testing—Part 1: Quenched and tempered
steel cylinders with tensile strength less
than 1100 MPa (IBR, see § 171.7 of this
subchapter). Until December 31, 2026,
the manufacture of a cylinder
conforming to the requirements in ISO
9809–1:2010(E) (IBR, see § 171.7 of this
subchapter) is authorized.
(2) ISO 9809–2:2019(E), Gas
cylinders—Design, construction, and
testing of refillable seamless steel gas
cylinders and tubes—Part 2: Quenched
and tempered steel cylinders and tubes
with tensile strength greater than or
equal to 1100 MPa (IBR, see § 171.7 of
this subchapter). Until December 31,
2026, the manufacture of a cylinder
conforming to the requirements in ISO
9809–2:2010 (IBR, see § 171.7 of this
subchapter) is authorized.
(3) ISO 9809–3:2019(E), Gas
cylinders—Design, construction, and
testing of refillable seamless steel gas
cylinders and tubes—Part 3: Normalized
steel cylinders and tubes. (IBR, see
§ 171.7 of this subchapter). Until
December 31, 2026, a cylinder may
instead conform to ISO 9809–3:2010(E)
(IBR, see § 171.7 of this subchapter).
VerDate Sep<11>2014
20:01 Apr 09, 2024
Jkt 262001
(4) ISO 9809–4:2014(E), Gas
cylinders—Refillable seamless steel gas
cylinders—Design, construction, and
testing—Part 4: Stainless steel cylinders
with an Rm value of less than 1,100
MPa (IBR, see § 171.7 of this
subchapter).
*
*
*
*
*
(i) Design and construction
requirements for UN non-refillable
metal cylinders. In addition to the
general requirements of this section, UN
non-refillable metal cylinders must
conform to ISO 11118:2015(E) Gas
cylinders—Non-refillable metallic gas
cylinders—Specification and test
methods, in combination with ISO
11118:2015/Amd 1:2019 Gas
cylinders—Non-refillable metallic gas
cylinders—Specification and test
methods—Amendment 1. (IBR, see
§ 171.7 of this subchapter). Until
December 31, 2026, the use of ISO
11118:2015 (IBR, see § 171.7 of this
subchapter) without the supplemental
amendment is authorized.
*
*
*
*
*
(k) * * *
(1) * * *
(i) ISO 9809–1:2019(E) Gas
cylinders—Refillable seamless steel gas
cylinders—Design, construction, and
testing—Part 1: Quenched and tempered
steel cylinders with tensile strength less
than 1100 MPa (IBR, see § 171.7 of this
subchapter). Until December 31, 2026,
the manufacture of a cylinder
conforming to the requirements in ISO
9809–1:2010(E) (IBR, see § 171.7 of this
subchapter) is authorized.
(ii) ISO 9809–3:2019(E) Gas
cylinders—Design, construction, and
testing of refillable seamless steel gas
cylinders and tubes—Part 3: Normalized
steel cylinders and tubes (IBR, see
§ 171.7 of this subchapter). Until
December 31, 2026, the manufacture of
a cylinder conforming to the
requirements in ISO 9809–3:2010(E)
(IBR, see § 171.7 of this subchapter) is
authorized.
*
*
*
*
*
(m) Design and construction
requirements for UN metal hydride
storage systems. In addition to the
general requirements of this section,
metal hydride storage systems must
conform to ISO 16111:2018(E)
Transportable gas storage devices—
Hydrogen absorbed in reversible metal
hydride (IBR, see § 171.7 of this
subchapter). Until December 31, 2026,
the manufacture of a UN metal hydride
storage system conforming to the
requirements in ISO 16111:2008 (IBR,
see § 171.7 of this subchapter) is
authorized.
PO 00000
Frm 00057
Fmt 4701
Sfmt 4700
25489
(n) Design and construction
requirements for UN cylinders for the
transportation of adsorbed gases. In
addition to the general requirements of
this section, UN cylinders for the
transportation of adsorbed gases must
conform to the following ISO standards,
as applicable:
(1) ISO 11513:2019, Gas cylinders—
Refillable welded steel cylinders
containing materials for subatmospheric gas packaging (excluding
acetylene)—Design, construction,
testing, use and periodic inspection
(IBR, see § 171.7 of this subchapter).
Until December 31, 2026, the
manufacture of a cylinder conforming to
the requirements in ISO 11513:2011(E)
(IBR, see § 171.7 of this subchapter) is
authorized.
(2) ISO 9809–1:2019(E): Gas
cylinders—Refillable seamless steel gas
cylinders—Design, construction, and
testing—Part 1: Quenched and tempered
steel cylinders with tensile strength less
than 1100 MPa (IBR, see § 171.7 of this
subchapter). Until December 31, 2026,
the manufacture of a cylinder
conforming to the requirements in ISO
9809–1:2010(E) (IBR, see § 171.7 of this
subchapter is authorized.
*
*
*
*
*
■ 32. In § 178.75, revise paragraph (d)(3)
introductory text and paragraphs
(d)(3)(i) through (iii) to read as follows:
§ 178.75
Specifications for MEGCs.
*
*
*
*
*
(d) * * *
(3) Each pressure receptacle of a
MEGC must be of the same design type,
seamless steel, or composite, and
constructed and tested according to one
of the following ISO standards:
(i) ISO 9809–1:2019(E), Gas
cylinders—Refillable seamless steel gas
cylinders—Design, construction, and
testing—Part 1: Quenched and tempered
steel cylinders with tensile strength less
than 1100 MPa (IBR, see § 171.7 of this
subchapter). Until December 31, 2026,
the manufacture of a cylinder
conforming to the requirements in ISO
9809–1:2010(E) (IBR, see § 171.7 of this
subchapter) is authorized.
(ii) ISO 9809–2:2019(E), Gas
cylinders—Design, construction and
testing of refillable seamless steel gas
cylinders and tubes—Part 2: Quenched
and tempered steel cylinders and tubes
with tensile strength greater than or
equal to 1100 MPa (IBR, see § 171.7 of
this subchapter). Until December 31,
2026, the manufacture of a cylinder
conforming to the requirements in \ ISO
9809–2:2010(E) (IBR, see § 171.7 of this
subchapter) is authorized.
(iii) ISO 9809–3:2019(E), Gas
cylinders—Design, construction, and
E:\FR\FM\10APR3.SGM
10APR3
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
testing of refillable seamless steel gas
cylinders and tubes—Part 3: Normalized
steel cylinders and tubes (IBR, see
§ 171.7 of this subchapter). Until
December 31, 2026, the manufacture of
a cylinder conforming to the
requirements in ISO 9809–3:2010(E)
(IBR, see § 171.7 of this subchapter) is
authorized.
*
*
*
*
*
■ 33. In § 178.609, revise paragraph
(d)(2) to read as follows:
§ 178.609 Test requirements for
packagings for infectious substances.
*
*
*
*
*
(d) * * *
(2) Where the samples are in the
shape of a drum or jerrican, three
samples must be dropped, one in each
of the following orientations:
(i) Diagonally on the top edge, with
the center of gravity directly above the
point of impact;
(ii) Diagonally on the base edge; and
(iii) Flat on the body or side.
*
*
*
*
*
■ 34. In § 178.706, revise paragraph
(c)(3) to read as follows:
§ 178.706
Standards for rigid plastic IBCs.
*
*
*
*
(c) * * *
(3) No used material other than
production residues or regrind from the
same manufacturing process may be
used in the manufacture of rigid plastic
IBCs unless approved by the Associate
Administrator.
*
*
*
*
*
ddrumheller on DSK120RN23PROD with RULES3
*
VerDate Sep<11>2014
20:01 Apr 09, 2024
Jkt 262001
35. In § 178.707, revise paragraph
(c)(3)(iii) to read as follows:
■
§ 178.707
Standards for composite IBCs.
*
*
*
*
*
(c) * * *
(3) * * *
(iii) No used material, other than
production residues or regrind from the
same manufacturing process, may be
used in the manufacture of inner
receptacles unless approved by the
Associate Administrator.
*
*
*
*
*
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
36. 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.
37. In § 180.207, revise paragraphs
(d)(3) and (5) and add paragraph (d)(8)
to read as follows:
■
§ 180.207 Requirements for requalification
of UN pressure receptacles.
*
*
*
*
*
(d) * * *
(3) Dissolved acetylene UN cylinders:
Each dissolved acetylene cylinder must
be requalified in accordance with ISO
10462:2013(E)/Amd 1:2019 (IBR, see
§ 171.7 of this subchapter). However, a
cylinder may continue to be requalified
in accordance with ISO 10462:2013(E)
(IBR, see § 171.7 of this subchapter)
without the supplemental amendment
PO 00000
Frm 00058
Fmt 4701
Sfmt 9990
until December 31, 2024. Further, a
cylinder requalified in accordance with
ISO 10462:2013(E) until December 31,
2018, may continue to be used until its
next required requalification. The
porous mass and the shell must be
requalified no sooner than three (3)
years, six (6) months, from the date of
manufacture. Thereafter, subsequent
requalifications of the porous mass and
shell must be performed at least once
every 10 years.
*
*
*
*
*
(5) UN cylinders for adsorbed gases:
Each UN cylinder for adsorbed gases
must be inspected and tested in
accordance with § 173.302c of this
subchapter and ISO 11513:2019(E) (IBR,
see § 171.7 of this subchapter).
However, a UN cylinder may continue
to be requalified in accordance with ISO
11513:2011(E) (IBR, see § 171.7 of this
subchapter) until December 31, 2024.
*
*
*
*
*
(8) UN pressure drums: UN pressure
drums must be inspected and tested in
accordance with ISO 23088:2020 (IBR,
see § 171.7 of this subchapter).
*
*
*
*
*
Issued in Washington, DC, on March 28,
2024, under authority delegated in 49 CFR
1.97.
Tristan H. Brown,
Deputy Administrator, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2024–06956 Filed 4–9–24; 8:45 am]
BILLING CODE 4910–60–P
E:\FR\FM\10APR3.SGM
10APR3
]]>Agencies
[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Rules and Regulations]
[Pages 25434-25490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06956]
[[Page 25433]]
Vol. 89
Wednesday,
No. 70
April 10, 2024
Part IV
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 171, 172, 173, et al.
Hazardous Materials: Harmonization With International Standards; Final
Rule
Federal Register / Vol. 89 , No. 70 / Wednesday, April 10, 2024 /
Rules and Regulations
[[Page 25434]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175, 176, 178, and 180
[Docket No. PHMSA-2021-0092 (HM-215Q)]
RIN 2137-AF57
Hazardous Materials: Harmonization With International Standards
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) to
maintain alignment with international regulations and standards by
adopting various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements. PHMSA is also withdrawing the unpublished November 28,
2022, Notice of Enforcement Policy Regarding International Standards on
the use of select updated international standards in complying with the
HMR during the pendency of this rulemaking.
DATES:
Effective date: This rule is effective May 10, 2024.
Voluntary compliance date: January 1, 2023.
Delayed compliance date: April 10, 2025.
Incorporation by reference date: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register on May 10, 2024.
FOR FURTHER INFORMATION CONTACT: Steven Andrews, Standards and
Rulemaking, or Candace Casey, Standards and Rulemaking, at 202-366-
8553, Pipeline and Hazardous Materials Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, East Building,
2nd Floor, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR Part 51
IV. Comment Discussion
V. Section-by-Section Review of Amendments
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
Policies and Procedures
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Environment Assessment
I. Privacy Act
J. Executive Order 13609 and International Trade Analysis
K. National Technology Transfer and Advancement Act
L. Executive Order 13211
M. Cybersecurity and Executive Order 14028
N. Severability
I. Executive Summary
As discussed in further detail in this final rule (see V. Section-
by-Section Review of Amendments), the Pipeline and Hazardous Materials
Safety Administration (PHMSA) amends certain sections of the Hazardous
Materials Regulations (HMR; 49 CFR parts 171 through 180) to maintain
alignment with international regulations and standards by adopting
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements.
Furthermore, this final rule addresses the 21 sets of comments received
in response to the Notice of Proposed Rulemaking (NPRM) \1\ published
in May 2023. Overall, the comments to the NPRM were generally
supportive of the proposals made; however, PHMSA did receive a few
comments seeking further clarification or revisions to the NPRM, which
PHMSA also addresses in this final rule. PHMSA expects that the
adoption of the regulatory amendments in this final rule will
facilitate transportation efficiency while maintaining the high safety
standard currently achieved under the HMR. For example, the final rule
will update several International Organization for Standards (ISO)
standards; revise requirements for the shipping of lithium batteries;
and set specification for the construction of Intermediate Bulk
Containers (IBCs) constructed from recycled resins. This final rule
will also align HMR requirements with anticipated increases in the
volume of lithium batteries transported in interstate commerce from
electrification of the transportation and other economic sectors. PHMSA
also notes that the harmonization of the HMR with international
consensus standards could reduce delays and interruptions of hazardous
materials during transportation. The amendments may also lower
greenhouse gas (GHG) emissions and safety risks, including risks to
minority, low income, underserved, and other disadvantaged populations,
and communities in the vicinity of interim storage sites and
transportation arteries and hubs. The following list summarizes the
more noteworthy amendments set forth in this final rule:
---------------------------------------------------------------------------
\1\ 88 FR 34568 (May 30, 2023).
---------------------------------------------------------------------------
Incorporation by Reference: PHMSA is incorporating by
reference updated versions of the following international hazardous
materials regulations and standards: the 2023-2024 edition of the
International Civil Aviation Organization Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions); Amendment 41-22 to the International Maritime Dangerous
Goods Code (IMDG Code); and the 22nd revised edition of the United
Nations Recommendations on the Transport of Dangerous Goods--Model
Regulations (UN Model Regulations).
Hazardous Materials Table: PHMSA is amending the Hazardous
Materials Table (HMT; 49 CFR 172.101) to add, revise, or remove certain
proper shipping names (PSNs), hazard classes, packing groups (PGs),
special provisions (SPs), packaging authorizations, bulk packaging
requirements, and passenger and cargo-only aircraft maximum quantity
limits.
Polymerizing Substances: In 2017--as part of the HM-215N
final rule \2\--PHMSA added four new Division 4.1 (flammable solid)
entries for polymerizing substances to the HMT and added defining
criteria, authorized packagings, and safety requirements, including,
but not limited to, stabilization methods and operational controls into
the HMR. These changes remained in effect until January 2, 2019, while
PHMSA used the interim period to review and research the implications
of the polymerizing substance amendments. In 2020--as part of the HM-
215O \3\ final rule--PHMSA extended the date the provisions remained in
effect from January 2, 2019, to January 2, 2023, to allow for the
additional research to be completed on the topic. In this final rule,
PHMSA is removing the phaseout date (January 2, 2023) from the
transport provisions for
[[Page 25435]]
polymerizing substances to allow for continued use of the provisions.
---------------------------------------------------------------------------
\2\ 82 FR 15796 (Mar. 30, 2017).
\3\ 85 FR 27810 (May 11, 2020).
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Cobalt dihydroxide powder containing not less than 10
percent respirable particles: PHMSA is adding a new entry to HMT,
``UN3550 Cobalt dihydroxide powder, containing not less than 10%
respirable particles,'' and corresponding packaging provisions. Cobalt
is a key strategic mineral used in various advanced medical and
technical applications around the world, including various types of
batteries. Historically, this hazardous material has been classified
and transported as a Class 9 material under ``UN3077, Environmentally
hazardous substance, solid, n.o.s.;'' however, testing required under
Registration, Evaluation, Authorisations and Restriction of Chemicals
(REACH) regulations \4\ for comprehensive GHS testing determined that
this material poses an inhalation toxicity hazard. Following this
determination, the 22nd revised edition of the UN Model Regulations
developed a new entry on the Dangerous Goods List (DGL) and packaging
authorizations specifically for this hazardous material to facilitate
continued global transport of this material. In this final rule, PHMSA
is adding a new entry for cobalt dihydroxide containing not less than
10 percent respirable particles and assigning it UN3550 in the HMT, in
addition to adding packaging provisions, including the authorization to
transport this material in flexible IBCs. PHMSA expects these
provisions will facilitate the continued transport of this material and
keep global supply chains open. See 172.101 of the V. Section-by-
Section Review of Amendments for additional discussion of these
amendments.
---------------------------------------------------------------------------
\4\ Regulation (EC) No 1907/2006 of the European Parliament and
of the Council of 18 December 2006.
---------------------------------------------------------------------------
Lithium Battery Exceptions: PHMSA is removing the
exceptions provided for small lithium cells and batteries for
transportation by aircraft. This is consistent with the elimination of
similar provisions in the ICAO Technical Instructions. See 173.185 of
the V. Section-by-Section Review of Amendments for additional
discussion of these amendments.
All the amendments are expected to maintain the HMR's high safety
standard for the public and the environment. Additionally, PHMSA
anticipates that there are safety benefits to be derived from improved
compliance related to consistency amongst domestic and international
regulations. As further explained in the final regulatory impact
analysis (RIA), PHMSA expects that the benefits of each of the
amendments (both separately and in the aggregate) in this final rule
justify any associated compliance costs. PHMSA estimates that the
annualized quantified net cost savings of this rulemaking, using a two
percent discount rate, are approximately $6.3 to $14.7 million per
year.
II. Background
The Federal Hazardous Materials Transportation Law (49 U.S.C. 5101,
et seq.) directs PHMSA to participate in relevant international
standard-setting bodies and encourages alignment of the HMR with
international transport standards, as consistent with promotion of
safety and the public interest. See 49 U.S.C. 5120. This statutory
mandate reflects the importance of international standard-setting
activity, in light of the globalization of commercial transportation of
hazardous materials. Harmonization of the HMR with those efforts can
reduce the costs and other burdens of complying with multiple or
inconsistent safety requirements among nations. Consistency between the
HMR and current international standards can also enhance safety by:
Ensuring that the HMR are informed by the latest best
practices and lessons learned.
Improving understanding of, and compliance with, pertinent
requirements.
Facilitating the flow of hazardous materials from their
points of origin to their points of destination, thereby avoiding risks
to the public and the environment from release of hazardous materials
due to delays or interruptions in the transportation of those
materials.
Enabling consistent emergency response procedures in the
event of a hazardous materials incident.
PHMSA participates in the development of international regulations
and standards for the transportation of hazardous materials. It also
adopts within the HMR international consensus standards and regulations
consistent with PHMSA's safety mission. PHMSA reviews and evaluates
each international standard it considers for incorporation within the
HMR on its own merits, including the effects on transportation safety,
the environmental impacts, and any economic impact. PHMSA's goal is to
harmonize with international standards without diminishing the level of
safety currently provided by the HMR or imposing undue burdens on the
regulated community.
In final rule HM-181,\5\ PHMSA's predecessor--the Research and
Special Programs Administration (RSPA)--comprehensively revised the HMR
for greater consistency with the UN Model Regulations. The UN Model
Regulations constitute a set of recommendations issued by the United
Nations Sub-Committee of Experts (UNSCOE) on the Transport of Dangerous
Goods and on the Globally Harmonized System of Classification and
Labelling of Chemicals (GHS). The UN Model Regulations are amended and
updated biennially by the UNSCOE and serve as the basis for national,
regional, and international modal regulations, including the ICAO
Technical Instructions and IMDG Code.
---------------------------------------------------------------------------
\5\ 55 FR 52401 (Dec. 21, 1990).
---------------------------------------------------------------------------
PHMSA has evaluated recent updates to the international standards,
including review of numerous updated standards for the design,
manufacture, testing, and use of packagings, and is revising the HMR to
adopt changes consistent with revisions to the 2023-2024 edition of the
ICAO Technical Instructions, Amendment 41-22 to the IMDG Code, and the
22nd revised edition of the UN Model Regulations, all of which were
published by or in effect on January 1, 2023,\6\ while also ensuring
the changes are consistent with PHMSA's safety mission. Consequently,
PHMSA is incorporating by reference these revised international
regulations, several new or updated ISO standards, and a new
Organization for Economic Co-operation and Development (OECD) standard.
The regulations and standards incorporated by reference are authorized
for use for domestic transportation, under specific conditions, in part
171, subpart C of the HMR.
---------------------------------------------------------------------------
\6\ Amendment 41-22 of the IMDG Code became mandatory on January
1, 2024. Voluntary compliance began on January 1, 2023.
---------------------------------------------------------------------------
Lastly, PHMSA issued a Notice of Enforcement Policy Regarding
International Standards \7\ on November 28, 2022, stating that while
PHMSA was considering the 2023-2024 Edition of the ICAO Technical
Instructions and Amendment 41-22 to the IMDG Code for potential
adoption into the HMR, PHMSA and other federal agencies that enforce
the HMR--e.g., the Federal Railroad Administration, the Federal
Aviation Administration (FAA), the Federal Motor Carrier Safety
Administration, and the United States Coast Guard--would not take
enforcement action against any offeror or carrier who uses these
standards as an alternative to complying with current HMR requirements
when all or part of
[[Page 25436]]
the transportation is by air with respect to the ICAO Technical
Instructions, or by vessel with respect to the IMDG Code. In addition,
that Notice stated PHMSA, and its modal partners, would not take
enforcement action against any offeror or carrier who offers or accepts
for domestic or international transportation by any mode packages
marked or labeled in accordance with those updated standards. PHMSA now
withdraws its November 28, 2022, Notice of Enforcement Policy Regarding
International Standards as of the effective date of this final rule.
---------------------------------------------------------------------------
\7\ PHMSA, Notice of Enforcement Policy Regarding International
Standards (Nov. 28, 2022), https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/phmsa-notice-enforcement-policy-regarding-international.
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III. Incorporation by Reference Discussion Under 1 CFR Part 51
According to the Office of Management and Budget (OMB), Circular A-
119, ``Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities,''
government agencies must use voluntary consensus standards wherever
practical in the development of regulations.
PHMSA currently incorporates by reference into the HMR all or parts
of numerous standards and specifications developed and published by
standard development organizations (SDO). In general, SDOs update and
revise their published standards every two to five years to reflect
modern technology and best technical practices. The National Technology
Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-113) directs
federal agencies to use standards developed by voluntary consensus
standards bodies in lieu of government-written standards whenever
possible. Voluntary consensus standards bodies develop, establish, or
coordinate technical standards using agreed-upon procedures. OMB issued
Circular A-119 to implement section 12(d) of the NTTAA relative to the
utilization of consensus technical standards by federal agencies. This
circular provides guidance for agencies participating in voluntary
consensus standards bodies and describes procedures for satisfying the
reporting requirements in the NTTAA. Accordingly, PHMSA is responsible
for determining which standards currently referenced in the HMR should
be updated, revised, or removed, and which standards should be added to
the HMR. Revisions to materials incorporated by reference in the HMR
are handled via the rulemaking process, which allows for the public and
regulated entities to provide input. During the rulemaking process,
PHMSA must also obtain approval from the Office of the Federal Register
to incorporate by reference any new materials. The Office of the
Federal Register issued a rulemaking \8\ that revised 1 CFR 51.5 to
require that an agency detail in the preamble of an NPRM the ways the
materials it proposes to incorporate by reference are reasonably
available to interested parties, or how the agency worked to make those
materials reasonably available to interested parties. Changes to the
materials incorporated by reference in the HMR are discussed in detail
in the Sec. 171.7 discussion in ``V. Section-by-Section Review of
Amendments'' section of this document.''
---------------------------------------------------------------------------
\8\ 79 FR 66278 (Nov. 7, 2014).
---------------------------------------------------------------------------
IV. Comment Discussion
In response to the NPRM, PHMSA received 21 sets of comments from
the following organizations and other interested parties:
American Association for https://www.regulations.gov/comment/
Laboratory Accreditation (A2LA). PHMSA-2021-0092-0011.
Anonymous......................... https://www.regulations.gov/comment/PHMSA-2021-0092-0004.
Airline Pilots Association https://www.regulations.gov/comment/
International (ALPA). PHMSA-2021-0092-0019.
Compressed Gas Association (CGA).. https://www.regulations.gov/comment/PHMSA-2021-0092-0010.
Council on Safe Transportation of https://www.regulations.gov/comment/
Hazardous Articles (COSTHA). PHMSA-2021-0092-0015.
Dangerous Goods Advisor........... https://www.regulations.gov/comment/PHMSA-2021-0092-0024.
Dangerous Goods Advisory Council https://www.regulations.gov/comment/
(DGAC). PHMSA-2021-0092-0009.
Dow Chemical Company.............. https://www.regulations.gov/comment/PHMSA-2021-0092-0014.
Entegris.......................... https://www.regulations.gov/comment/PHMSA-2021-0092-0006.
Entegris.......................... https://www.regulations.gov/comment/PHMSA-2021-0092-0005.
Entegris.......................... https://www.regulations.gov/comment/PHMSA-2021-0092-0007.
Entegris.......................... https://www.regulations.gov/comment/PHMSA-2021-0092-0021.
Entegris.......................... https://www.regulations.gov/comment/PHMSA-2021-0092-0018.
Hexagon Digital Wave, LLC......... https://www.regulations.gov/comment/PHMSA-2021-0092-0022.
Household Commercial Products https://www.regulations.gov/comment/
Association (HCPA). PHMSA-2021-0092-0017.
Institute of Hazardous Materials https://www.regulations.gov/comment/
Management (IHMM). PHMSA-2021-0092-0012.
Medical Device Transport Council https://www.regulations.gov/comment/
(MDTC). PHMSA-2021-0092-0016.
Nordco Inspection Technologies.... https://www.regulations.gov/comment/PHMSA-2021-0092-0022.
PRBA--The Rechargeable Battery https://www.regulations.gov/comment/
Association. PHMSA-2021-0092-0016.
Reusable Industrial Packaging https://www.regulations.gov/comment/
Association (RIPA). PHMSA-2021-0092-0008.
The Rigid Intermediate Bulk https://www.regulations.gov/comment/
Container Association, Inc. PHMSA-2021-0092-0016.
(RIBCA).
PHMSA received comments from the A2LA, ALPA, COSTHA, DGAC, HCPA,
MDTC, and PRBA, all providing general support for harmonization with
international standards with additional support from Entegris, and
Hexagon Digital Wave for the incorporation by reference of the ISO
standards applicable to cylinders.
Comments concerning the compliance date for the phaseout dates for
ISO standards, gas mixtures containing fluorine, IBCs manufactured from
recycled plastics, and comments outside the scope of this rulemaking
are discussed below. All other comments specific to proposed changes to
HMR sections are addressed in the ``V. Section-by-Section Review of
Amendments'' of this document.
A. Comments Outside the Scope of This Rulemaking
PHMSA received comments from HCPA and MDTC to reconsider the
definition of an aerosol in Sec. 171.8 in order to maintain alignment
with international regulations and standards. The commenters note that
the United Nations (UN) Model Regulations define an aerosol as an
article consisting of a non-refillable receptacle containing a gas,
compressed, liquefied or dissolved under pressure, with or without a
liquid, paste or powder, and fitted with a release device allowing the
contents to be ejected as solid or liquid particles in suspension in a
gas, as a foam, paste or powder, or in a liquid or gaseous state. The
HMR defines an aerosol in Sec. 171.8 as an article consisting of any
non-refillable receptacle containing a gas
[[Page 25437]]
compressed, liquefied, or dissolved under pressure, the sole purpose of
which is to expel a nonpoisonous (other than a Division 6.1 Packing
Group III material) liquid, paste, or powder, and fitted with a self-
closing release device allowing the contents to be ejected by the gas.
PHMSA acknowledges the commenter's concerns over the HMR definition
of an aerosol not being harmonized with the UN Model Regulations.
However, PHMSA did not propose changes in the NPRM and, therefore,
declines to make such revisions in this final rule without further
evaluation by PHMSA subject matter experts and an opportunity for
stakeholders to comment on the issue. PHMSA will continue to evaluate
the potential harmonization of the aerosol definition with the
international regulations in conjunction with a petition request from
the Consumer Specialty Product Association (CSPA).\9\
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\9\ https://www.regulations.gov/docket/PHMSA-2017-0131/document.
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PHMSA received comments from Entegris, Hexagon Digital Wave, and
Nordco Inspection Technologies suggesting that ISO 18119:2018, ``Gas
Cylinders--Seamless Steel And Seamless Aluminum-Alloy Gas Cylinders And
Tubes--Periodic Inspection and Testing,'' be incorporated by reference
into Sec. 171.7(w), and that Sec. 180.207(d)(1) and (d)(2) be revised
to reference ISO 18119:2018. The commenters note that ISO 6406:2005(E),
``Gas cylinders--Seamless steel gas cylinders--Periodic inspection and
testing,'' and ISO 10461:2005(E), ``Gas cylinders--Seamless aluminum-
alloy gas cylinders--Periodic inspection and testing,'' have now been
superseded by ISO 18119:2018 in the ISO catalogue. Further, the
commenters note that at the end of 2024, the UN Model Regulations will
no longer acknowledge ISO 6406:2005(E) and 10461:2005(E).
PHMSA acknowledges the comments for PHMSA to incorporate by
reference ISO 18119:2018 into Sec. 171.7(w), and revise Sec. 180.207
(d)(1) and (d)(2) to reference ISO 18119:2018. However, PHMSA did not
propose changes in the NPRM and, therefore, declines to make such
revisions in this final rule without further evaluation by PHMSA
subject matter experts and an opportunity for stakeholders to comment
on the issue. PHMSA has received petitions from both FIBA technologies
\10\ and Hazmat Safety Consulting \11\ proposing to incorporate by
reference ISO 18119:2018 into Sec. 171.1, and PHMSA plans to propose
this revision in an upcoming rulemaking.
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\10\ https://www.regulations.gov/docket/PHMSA-2020-0168/document.
\11\ https://www.regulations.gov/document/PHMSA-2023-0088-0001.
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IHMM submitted comments highlighting three accredited professional
certifications--the Certified Hazardous Materials Manager (CHMM), the
Certified Hazardous Materials Practitioner (CHMP), and the Certified
Dangerous Goods Professional (CDGP)--that demonstrate expertise in
managing hazardous materials, and recommends that PHMSA require
companies transporting hazardous materials to appoint certified
professionals responsible for regulatory compliance, similar to the
dangerous goods safety advisor required by the Agreement concerning the
International Carriage of Dangerous Goods by Road (ADR) within the
European Union (EU). IHMM believes that in addition to harmonizing
standards, governments should harmonize responsibility for the safe
transportation of hazardous materials and dangerous goods. IHMM
recommends that PHMSA use its authority to require certified
professionals oversee compliance at companies engaged in hazardous
materials transportation.
PHMSA acknowledges the IHMM's comment concerning certified
professionals. However, PHMSA did not propose such changes in the NPRM
and, therefore, declines to make such revisions in this final rule
without further evaluation by PHMSA subject matter experts and an
opportunity for stakeholders to comment on the issue. If the commenter
has a specific proposal, PHMSA encourages the commenter to submit a
petition for rulemaking in accordance with Sec. 106.100 of the HMR.
A2LA supports the proposed amendments and actions that are being
considered in this rulemaking to be consistent with international
standards to harmonize activities and promote greater safety and
efficiencies. A2LA also encourages PHMSA to take this a step further by
recommending that when testing is required, that laboratories approved
under ISO/IEC 17025, ``Testing and calibration laboratories,'' be
relied upon for testing activities. A2LA asserts that this will help
ensure data generated for HMR compliance is developed by accredited
bodies. A2LA adds that this revision would provide and establish a
framework for the harmonization of accreditation activities globally.
PHMSA acknowledges A2LA's comment concerning laboratories approved
under ISO/IEC 17025. However, PHMSA did not propose such changes in the
NPRM and, therefore, declines to make such revisions in this final rule
without further evaluation by PHMSA subject matter experts and an
opportunity for stakeholders to comment on the issue. If the commenter
has a specific proposal, PHMSA encourages the commenter to submit a
petition for rulemaking in accordance with Sec. 106.100 of the HMR.
B. Phaseout Dates for ISO Standards
CGA and Entegris submitted comments regarding the proposed
incorporation of ISO 11117:2019, ``Gas cylinders--Valve protection caps
and guards--Design, construction and tests,'' into Sec.
173.301b(c)(2)(ii). CGA and Entegris note that the language proposed in
Sec. 173.301b(c)(2)(ii) of the NPRM removes ISO 11117:2008 and creates
a phaseout date of December 31, 2026, for its use. To ensure the
continued use of existing caps made to previous editions of ISO 11117,
CGA and Entegris suggest a revision to Sec. 173.301b(c)(2)(ii) that
more closely aligns with sub-paragraph 4.1.6.1.8 of the 22nd edition of
the UN Model Regulations. The revision proposed by CGA and Entegris
would make it clear that valve caps manufactured up until December 31,
2026, under ISO 11117:2008 could continue to be used under the HMR. CGA
and Entegris add that the proposed text in the NPRM would result in an
unnecessary economic burden by mandating the replacement of valve
protection caps under the HMR that would remain authorized by the UN
Model Regulations. Entegris adds that consideration should be given to
permit the use of these older valve caps that adhere to ISO 11117:2008.
PHMSA concurs with CGA and Entegris that the intent of the language
in the UN Model Regulations was to allow the continued use of the valve
protection caps under ISO 11117:2008 provided they are manufactured
prior to December 31, 2026. As such, PHMSA is revising the text in
Sec. 173.301b(c)(2)(ii) to more closely align with the intent of the
UN Model Regulations and allow for the continued use of valve caps
manufactured prior to December 31, 2026, under ISO 11117:2008.
CGA also provided comments suggesting that PHMSA modify the
regulatory text for all the IBR ISO standards in Sec. Sec. 178.71 and
178.75 to permit the manufacturing of UN cylinders conforming to the
ISO standards being replaced until December 31, 2026, to better align
the HMR with the intent of the 22nd edition of the UN Model
Regulations. PHMSA concurs with CGA's comment that the intent of this
proposal was to closely align with the phaseout language in the
[[Page 25438]]
UN Model Regulations. As such, PHMSA has revised the text for the ISO
publications in Sec. Sec. 178.71 and 178.75 to better reflect the
phaseout dates as intended and represented in the UN Model Regulations.
C. Gas Mixtures Containing Fluorine
In the NPRM, PHMSA proposed a new special provision for UN pressure
receptacles containing fluorine mixed with inert gases. This proposal
was intended to provide flexibility for the maximum allowable working
pressure for cylinders containing fluorine gas when fluorine is part of
a less reactive gas mixture. This revision was supported due to pure
fluorine gas being highly reactive and restrictive, while gas mixtures
with small amounts of fluorine are less hazardous. The 22nd edition of
the UN Model Regulations allows for higher working pressures for
cylinders containing gas mixtures of fluorine with inert gases based on
the application of partial pressure calculations.
In the NPRM, PHMSA proposed to add special provision 441 to Sec.
172.102 to align with revisions made to the UN Model Regulations for
gas mixtures containing fluorine. The NPRM assigned special provision
441 to the proper shipping name ``UN1045, Fluorine, compressed'' in the
HMT. CGA and Entegris provided comments stating that the proposed
special provision 441 in the NPRM should not be applied to ``UN1045,
Fluorine, compressed,'' as mixtures of fluorine with inert gases and a
fluorine concentration <35% are no longer Hazard Zone A gases. The
commenters add that there is no scenario where a gas classified as
``UN1045, Fluorine compressed'' would be able to qualify for the
exception as proposed in special provision 441 of the NPRM. The
commenters add that special provision 441 should have been applied to
the n.o.s. entries: ``UN3306, Compressed gas, poisonous, oxidizing,
corrosive, n.o.s.;'' ``UN3156, Compressed gas, oxidizing, n.o.s.;'' and
``UN1956, Compressed gas, n.o.s.,'' as was done in the 22nd edition of
the UN Model Regulations. Entegris and CGA also note that the equations
in the NPRM for new special provision 441 have several editorial
errors. The amendments made to the UN Model Regulations provide two
calculations to calculate the MAWP for mixtures of fluorine and inert
gases with a fluorine concentration <35%, both of which contain
editorial errors.
PHMSA agrees with the commenters, and in this final rule PHMSA has
determined that special provision 441 as proposed in the NPRM would not
be appropriate to apply to ``UN1045, Fluorine, compressed.''
Additionally, PHMSA asserts that instead of applying a special
provision to all of the applicable UN numbers, it is more appropriate
to revise Sec. 173.302b by adding a paragraph (g) for gas mixtures
containing fluorine gases as was generally suggested by CGA.\12\ This
new paragraph in Sec. 173.302b(g)(5) that appears in this final rule
has the same wording as was proposed in special provision 441 of the
NPRM, with the additional editorial corrections for the partial
pressure calculations as suggested by Entegris. PHMSA asserts that by
placing these flexibilities in Sec. 173.302b(g), gas mixtures
containing fluorine gas will be permitted to take the flexibilities as
allowed under the UN Model Regulations.
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\12\ PHMSA notes that in a separate rulemaking (HM-219D,
``Adoption of Miscellaneous Petitions and Updating Regulatory
Requirements'') that will be published and codified before this
final rule, it is adopting a new paragraph (f) within Sec.
173.302b.
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D. IBCs Manufactured From Recycled Plastics
In the NPRM, PHMSA proposed to revise Sec. Sec. 178.706(c)(3) and
178.707(c)(3) to allow for the manufacturing of rigid and composite
IBCs manufactured from recycled plastics. The NPRM proposed to allow
the construction of IBCs from recycled plastics with the approval of
the Associate Administrator, consistent with a change adopted in the
22nd revised edition of the UN Model Regulations. In the NPRM, PHMSA
proposed including a slight variation from the international provision
by requiring prior approval by the Associate Administrator for use of
recycled plastics in the construction of IBCs manufactured from
recycled plastics.
RIBCA submitted comments expressing disagreement with the proposed
requirement for manufacturers to obtain case-by-case approval from
PHMSA's Associate Administrator prior to using recycled plastic in the
manufacturing of rigid and composite IBCs. RIBCA argued the PHMSA
proposal is inconsistent with the UN Model Regulations, which allow the
use of recycled plastics meeting a specified definition without any
competent authority approval. RIBCA also questioned PHMSA's rationale
that approvals are needed due to lack of HMR requirements for
manufacturer quality assurance programs, noting these are already
integral to ensuring IBC integrity. Further, RIBCA stated that the
performance-oriented packaging requirements in the HMR should
sufficiently address any safety issues with recycled plastics, as
demonstrated by the millions of UN plastic drums and jerricans
successfully produced with recycled plastics. RIBCA mentioned that due
to constraints under the Administrative Procedure Act, the changes they
recommend may fall outside the scope of revisions PHMSA could make in a
final rule. Overall, RIBCA recommended that PHMSA align the HMR with
the UN Model Regulations and authorize recycled plastic in the
manufacturing of IBCs without additional competent authority approvals.
PHMSA acknowledges RIBCAs comments and notes that, in the NPRM,
PHMSA stated that the UN Model Regulations incorporate quality
assurance program requirements that require recognition by a governing
body. By requiring approval of the Associate Administrator, PHMSA is
able to maintain oversight of procedures, such as batch testing, that
manufacturers will use to ensure the quality of recycled plastics used
in the construction of recycled plastic IBCs. PHMSA asserts that the
proposals in the NPRM are consistent with the intent of the UN Model
Regulations.
Additionally, PHMSA is currently conducting research to develop an
Agency-wide policy on packages manufactured from recycled plastics. On
April 14, 2023,\13\ PHMSA published a request for information (RFI)
pertaining to how the potential use of recycled plastic resins in the
manufacturing of specification packagings may affect hazardous
materials transportation safety. In response to the RFI, PHMSA received
nine comments and is currently evaluating those comments in order to
determine an Agency-wide policy on recycled plastics in packagings.
Until this analysis is complete and PHMSA is ready to deploy an Agency-
wide policy, PHMSA asserts it is prudent for now to leave in the
requirement to obtain a competent authority approval prior to the
manufacturing of IBCs made from recycled plastics. PHMSA also notes
that RIPA, DGAC, and Dow Chemical provided comments to the NPRM in
support of these revisions as written.
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\13\ https://www.federalregister.gov/documents/2023/04/14/2023-07869/hazardous-materials-request-for-feedback-on-recycled-plastics-policy.
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V. Section-by-Section Review of Amendments
The following is a section-by-section review of amendments to
harmonize the HMR with international regulations and standards.
[[Page 25439]]
A. Part 171
Section 171.7
Section 171.7 provides a listing of all voluntary consensus
standards incorporated by reference into the HMR, as directed by the
NTTAA. PHMSA evaluated updated international consensus standards
pertaining to PSNs, hazard classes, PGs, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements. PHMSA contributed to the development of those standards--
each of which build on the well-established and documented safety
histories of earlier editions--as it participated in the discussions
and working group activities associated with their proposal, revision,
and approval. Those activities, in turn, have informed PHMSA's
evaluation of the effect the updated consensus standards will have on
safety, when incorporated by reference and with provisions adopted into
the HMR. Further, PHMSA notes that some of the consensus standards
incorporated by reference within the HMR in this final rule have
already been adopted into the regulatory schemes of other countries.
Additionally, as noted above, PHMSA has issued past enforcement
discretions authorizing the use of the consensus standards as an
interim strategy for complying with current HMR requirements. PHMSA is
not aware of adverse safety impacts from that operational experience.
For these reasons, PHMSA expects their incorporation by reference will
maintain the high safety standard currently achieved under the HMR.
PHMSA received comments from ALPA, CGA, COSTHA, DGAC, Entegris, and
Hexagon Digital Wave that were generally supportive of the proposals to
incorporate by reference the latest versions of the international
standards. Therefore, PHMSA is adding or revising the following
incorporation by reference materials.\14\
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\14\ All other standards that are set out as part of the
regulatory text of Sec. 171.7(w) were previously approved for
incorporation by reference.
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In paragraph (t)(1), incorporate by reference the 2023-
2024 edition of the ICAO Technical Instructions, to replace the 2021-
2022 edition, which is currently referenced in Sec. Sec. 171.8; 171.22
through 171.24; 172.101; 172.202; 172.401; 172.407; 172.512; 172.519;
172.602; 173.56; 173.320; 175.10, 175.33; and 178.3. The ICAO Technical
Instructions specify detailed instructions for the international safe
transport of dangerous goods by air. The requirements in the 2023-2024
edition have been amended to align better with the 22nd revised edition
of the UN Model Regulations and the International Atomic Energy Agency
(IAEA) Regulations for the Safe Transport of Radioactive Material.
Notable changes in the 2023-2024 edition of the ICAO Technical
Instructions include new packing and stowage provisions, new and
revised entries on its Dangerous Goods List, and editorial corrections.
The 2023-2024 edition of the ICAO Technical Instructions is available
for purchase on the ICAO website at https://store.icao.int/en/shop-by-areas/safety/dangerous-goods.
In paragraph (v)(2), incorporate by reference the 2022
edition of the IMDG Code, Incorporating Amendment 41-22 (English
Edition), to replace Incorporating Amendment 40-20, 2020 Edition, which
is currently referenced in Sec. Sec. 171.22; 171.23; 171.25; 172.101;
172.202; 172.203; 172.401; 172.407; 172.502; 172.519; 172.602; 173.21;
173.56; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140;
176.720; 176.906; 178.3; and 178.274. The IMDG Code is a unified
international code that outlines standards and requirements for the
transport of dangerous goods by sea (i.e., by vessel). Notable changes
in Amendment 41-22 of the IMDG Code include new packing and stowage
provisions, new and revised entries on its Dangerous Goods List, and
editorial corrections. Distributors of the IMDG Code can be found on
the International Maritime Organization (IMO) website at: https://www.imo.org/en/publications/Pages/Distributors-default.aspx.
In paragraph (w), incorporate by reference or remove the
following ISO documents to include new and updated standards for the
specification, design, construction, testing, and use of gas cylinders:
ISO 9809, Parts 1 through 3. ISO 9809 is comprised of four
parts (ISO 9809-1 through 9809-4) and specifies minimum requirements
for the material, design, construction, and workmanship; manufacturing
processes; and examination and testing at time of manufacture for
various types of refillable seamless steel gas cylinders and tubes.
PHMSA is incorporating by reference the most recent versions of Parts 1
through 3.
Incorporate by reference the third edition of ISO 9809-
1:2019(E), ``Gas cylinders--Design, construction and testing of
refillable seamless steel gas cylinders and tubes--Part 1: Quenched and
tempered steel cylinders and tubes with tensile strength less than 1100
Mpa,'' in paragraph (w)(32). Additionally, PHMSA is allowing a sunset
date of December 31, 2026, for continued use and phase out of the
second edition of ISO 9809-1:2010, which is currently referenced in
Sec. 178.37, Sec. 178.71, and Sec. 178.75. PHMSA clarified in the
``IV: Comment Discussion'' section of this final rule that the phaseout
date of December 31, 2026, applies to the manufacturing of cylinders
and tubes with tensile strength below 1100 Mpa under ISO 9809-1:2010.
Cylinders manufactured before December 31, 2026, under ISO 9809-1:2010
are authorized under the HMR. Part 1 of ISO 9809 is applicable to
cylinders and tubes for compressed, liquefied, and dissolved gases, and
for quenched and tempered steel cylinders and tubes with a maximum
actual tensile strength of less than 1100 MPa, which is equivalent to
U.S. customary unit of about 160,000 psi. As part of its periodic
review of all standards, ISO reviewed ISO 9809-1:2010(E) and published
an updated version, ISO 9809-1:2019(E), which was published in 2019 and
adopted in the 22nd revised edition of the UN Model Regulations. The
updated standard has technical revisions including limiting the bend
test only for prototype tests. Updating references to this document
aligns the HMR with changes adopted in the 22nd revised edition of the
UN Model Regulations pertaining to the design and construction of UN
cylinders. PHMSA has reviewed this edition as part of its regular
participation in the review of amendments for the UN Model Regulations
and concludes incorporation of the revised third edition will maintain
or improve the safety standards associated with its use.
Incorporate by reference the third edition of ISO 9809-
2:2019(E), ``Gas cylinders--Design, construction and testing of
refillable seamless steel gas cylinders and tubes--Part 2: Quenched and
tempered steel cylinders and tubes with tensile strength greater than
or equal to 1100 MPa,'' in paragraph (w)(35). ISO 9809-2:2019 is the
third edition of ISO 9809-2. Additionally, PHMSA is adding a sunset
date of December 31, 2026, for continued use and phaseout of the second
edition of ISO 9809-2:2010, which is currently referenced in Sec.
178.71 and Sec. 178.75. PHMSA clarified in the ``Section IV: Comment
Discussion'' section of this final rule that the phaseout date of
December 31, 2026, applies to the manufacturing of cylinder under ISO
9809-2:2010. Cylinders manufactured before December 31, 2026, under ISO
9809-2:2010 are authorized under the HMR. ISO 9809-2:2019 specifies
minimum requirements for the material, design, construction and
workmanship;
[[Page 25440]]
manufacturing processes; and examination and testing at time of
manufacture for refillable seamless steel gas cylinders and tubes with
water capacities up to and including 450 L. Part 2 of ISO 9809 is
applicable to cylinders and tubes for compressed, liquefied, and
dissolved gases, and for quenched and tempered steel cylinders and
tubes with an actual tensile strength greater than or equal to 1100
MPa. As part of its periodic review of all standards, ISO reviewed ISO
9809-2:2010 and published an updated version, ISO 9809-2:2019, in 2019;
this updated version was adopted in the 22nd revised edition of the UN
Model Regulations. The updated standard has technical revisions
including expanded cylinder size (i.e., allowed water capacity is
extended from below 0.5 L up to and including 450 L); the introduction
of specific batch sizes for tubes; limiting the bend test only for
prototype tests; the addition of test requirements for check analysis
(tolerances modified); and the addition of new test requirements for
threads. Updating references to this document aligns the HMR with
changes adopted in the 22nd revised edition of the UN Model Regulations
pertaining to the design and construction of UN cylinders. PHMSA has
reviewed this edition as part of its regular participation in the
review of amendments for the UN Model Regulations and concludes
incorporation of the revised third edition will maintain or improve the
safety standards associated with its use.
Incorporate by reference the third edition of ISO 9809-
3:2019(E), ``Gas cylinders--Design, construction and testing of
refillable seamless steel gas cylinders and tubes--Part 3: Normalized
steel cylinders and tubes'' in paragraph (w)(38). Additionally, PHMSA
is allowing a sunset date of December 31, 2026, for continued use
phaseout of the second edition of ISO 9809-3:2010, which is currently
referenced in Sec. 178.71 and Sec. 178.75. PHMSA clarified in the
``Section IV: Comment Discussion'' section of this final rule that the
phaseout date of December 31, 2026, applies to the manufacturing of
cylinders under ISO 9809-3:2010. Cylinders manufactured before December
31, 2026, under ISO 9808-3:2010 would still be authorized under the
HMR. ISO 9809-3 is applicable to cylinders and tubes for compressed,
liquefied, and dissolved gases, and for normalized, or normalized and
tempered, steel cylinders and tubes. As part of its periodic review of
all standards, ISO reviewed ISO 9809-3:2010 and published an updated
version, ISO 9809-3:2019. The updated standard has technical revisions
including: a wider scope of cylinders (i.e., allowed water capacity is
extended from below 0.5 L up to and including 450 L); the introduction
of specific batch sizes for tubes; limiting the bend test only for
prototype tests; the addition of test requirements for check analysis
(tolerances modified); and the addition of new test requirements for
threads. Updating references to the 2019 edition aligns the HMR with
changes adopted in the 22nd revised edition of the UN Model
Regulations, which added this version pertaining to the design and
construction of UN cylinders. PHMSA has reviewed this edition as part
of its regular participation in the review of amendments for the UN
Model Regulations and concludes incorporation of the revised third
edition will maintain or improve the safety standards associated with
its use.
Incorporate by reference supplemental amendment ISO
10462:2013/Amd 1:2019(E), ``Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance--Amendment 1,'' in paragraph
(w)(48). This amendment adds a reference to ISO 10462:2013/Amd
1:2019(E) in Sec. 180.207(d)(3), where ISO 10462:2013 is currently
required, and adds a sunset date of December 31, 2024, for continued
use and phaseout of ISO 10462:2013 without the supplemental amendment.
ISO 10462:2013 specifies requirements for the periodic inspection of
acetylene cylinders as required for the transport of dangerous goods
and for maintenance in connection with periodic inspection. It applies
to acetylene cylinders with and without solvent, and with a maximum
nominal water capacity of 150 L. As part of a periodic review of its
standards, ISO reviewed ISO 10462:2013, and in June 2019 published a
short supplemental amendment, ISO 10462:2013/Amd 1:2019. The
supplemental document includes updates such as simplified marking
requirements for rejected cylinders. Updating references to this
document aligns the HMR with documents referenced in the 22nd revised
edition of the UN Model Regulations pertaining to the requalification
procedures for acetylene UN cylinders. PHMSA has reviewed this edition
as part of its regular participation in the review of amendments for
the UN Model Regulations and concludes the incorporation of the
supplemental document maintains the HMR safety standards for use of
acetylene cylinders.
Incorporate by reference the third edition of ISO
11117:2019(E), ``Gas cylinders--Valve protection caps and guards--
Design, construction and tests,'' in paragraph (w)(56). This amendment
authorizes the use of the third edition until further notice, and adds
an end date of December 31st, 2026, to the authorization for use of the
second edition--ISO 11117:2008--and the associated corrigendum, which
are currently referenced in Sec. 173.301b. ISO 11117 specifies the
requirements for valve protection caps and valve guards used on
cylinders for liquefied, dissolved, or compressed gases. The changes in
this revised standard pertain to the improvement of the
interoperability of both the valve protection caps and the valve
guards, with the cylinders and the cylinder valves. To that end, the
drop test, the marking, and test report requirements have been revised
and clarified. Updating references to this document aligns the HMR with
changes adopted in the 22nd revised edition of the UN Model Regulations
pertaining to valve protection on UN pressure receptacles. PHMSA has
reviewed this edition as part of its regular participation in the
review of amendments for the UN Model Regulations and does not expect
any degradation of safety standards in association with its use.
Incorporate by reference ISO 11118:2015/Amd 1:2019(E),
``Gas cylinders--Non-refillable metallic gas cylinders--Specification
and test methods--Amendment 1,'' in paragraph (w)(59). ISO 11118:2015/
Amd 1:2019(E) is a short supplemental amendment that is intended to be
used in conjunction with ISO 11118:2015, which is currently referenced
in Sec. 178.71. This amendment authorizes the use of this supplemental
amendment in conjunction with ISO 11118:2015 until further notice, and
adds an end date of December 31, 2026, until which ISO 11118:2015 may
continue to be used without this supplemental amendment. ISO
11118:2015, which specifies minimum requirements for the material,
design, inspections, construction and workmanship; manufacturing
processes; and tests at manufacture of non-refillable metallic gas
cylinders of welded, brazed, or seamless construction for compressed
and liquefied gases, including the requirements for their non-
refillable sealing devices and their methods of testing. ISO
11118:2015/Amd 1:2019 corrects the identity of referenced clauses and
corrects numerous typographical errors. The amendment
[[Page 25441]]
also includes updates to the marking requirements in the normative
Annex A, which includes clarifications, corrections, and new testing
requirements. Updating references to this document aligns the HMR with
documents referenced in the 22nd revised edition of the UN Model
Regulations pertaining to non-refillable UN cylinders. PHMSA has
reviewed this amended document as part of its regular participation in
the review of amendments for the UN Model Regulations and determined
the added corrections and clarifications provide important additional
utility for users of ISO 11118:2015(E). PHMSA does not expect any
degradation of safety standards in association with its use and expects
updates to these safety standards may provide an additional level of
safety.
Incorporate by reference ISO 11513:2019, ``Gas cylinders--
Refillable welded steel cylinders containing materials for sub-
atmospheric gas packaging (excluding acetylene)--Design, construction,
testing, use and periodic inspection,'' in paragraph (w)(71). ISO
11513:2019 is the second edition of ISO 11513. This amendment
authorizes the use of the second edition and adds an end date to the
authorization for use of the first edition, ISO 11513:2011 (including
Annex A), which is currently referenced in Sec. 173.302c, Sec.
178.71, and Sec. 180.207. ISO 11513 specifies minimum requirements for
the material, design, construction, workmanship, examination, and
testing at manufacture of refillable welded steel cylinders for the
sub-atmospheric pressure storage of liquefied and compressed gases. The
second edition has been updated to amend packing instructions and
remove a prohibition on the use of ultrasonic testing during periodic
inspection. Updating references to this document aligns the HMR with
documents referenced in the 22nd revised edition of the UN Model
Regulations pertaining to the shipment of adsorbed gases in UN pressure
receptacles. PHMSA has reviewed this edition as part of its regular
participation in the review of amendments for the UN Model Regulations
and does not expect any degradation of safety standards in association
with its use and expects updates to these safety standards may provide
an additional level of safety.
Incorporate by reference ISO 16111:2018, ``Transportable
gas storage devices--Hydrogen absorbed in reversible metal hydride,''
in paragraph (w)(80). ISO 16111:2018 is the second edition of ISO
16111. This amendment authorizes the use of the second edition until
further notice, and adds an end date of December 31, 2026, on the
authorization to use the first edition, ISO 16111:2008, which is
referenced in Sec. Sec. 173.301b, 173.311, and 178.71. PHMSA clarified
in the ``Section IV: Comment Discussion'' section of this final rule
that the phaseout date of December 31, 2026, applies to the
manufacturing of metal hydride storage devices under ISO 16111:2008.
Metal hydride storage systems manufactured before December 31, 2016,
under ISO 16111:2009 are still authorized under the HMR. ISO 16111
defines the requirements applicable to the material, design,
construction, and testing of transportable hydrogen gas storage
systems, which utilize shells not exceeding 150 L internal volume and
having a maximum developed pressure not exceeding 25 MPa. This updated
standard includes additional information pertaining to service
temperature conditions that have been described in detail; new
references related to shell design; modified drop test conditions;
modified acceptance criteria for leak testing; modified hydrogen
cycling conditions; new warning labelling; and updated information on
safety data sheets. Updating references to this document aligns the HMR
with documents referenced in the 22nd revised edition of the UN Model
Regulations pertaining to metal hydride storage systems. PHMSA has
reviewed this edition as part of its regular participation in the
review of amendments for the UN Model Regulations and expects updates
to these safety standards may provide an additional level of safety.
Incorporate by reference ISO 17871:2020(E), ``Gas
cylinders--Quick-release cylinder valves--Specification and type
testing,'' in paragraph (w)(83). ISO 17871:2020 is the second edition
of ISO 17871. This amendment authorizes the use of the second edition
and adds an end date of December 31, 2026, to the authorization for use
of the first edition, ISO 17871:2015(E), which is currently referenced
in 173.301b. This document, in conjunction with ISO 10297 and ISO
14246, specifies design, type testing, marking, manufacturing tests,
and examination requirements for quick-release cylinder valves intended
to be fitted to refillable transportable gas cylinders, pressure drums,
and tubes that convey certain gases, such as compressed or liquefied
gases, or extinguishing agents charged with compressed gases to be used
for fire-extinguishing, explosion protection, and rescue applications.
As part of its regular review of its standards, ISO updated and
published the second edition of ISO 17871 as ISO 17871:2020. The 2020
edition of this standard broadens the scope to include quick release
valves for pressure drums and tubes, and specifically excludes the use
of quick release valves with flammable gases. Other notable changes
include the addition of the valve burst test pressure; the deletion of
the flame impingement test; and the deletion of internal leak tightness
test at -40 [deg]C for quick release cylinder valves used only for
fixed fire-fighting systems installed in buildings. Updating references
to this document aligns the HMR with changes adopted in the 22nd
revised edition of the UN Model Regulations pertaining to the shipment
of gases in UN pressure receptacles. PHMSA has reviewed this edition as
part of its regular participation in the review of amendments for the
UN Model Regulations and does not expect any degradation of safety
standards in association with its use.
Incorporate by reference ISO 21172-1:2015/Amd 1:2018,
``Gas cylinders--Welded steel pressure drums up to 3000 litres capacity
for the transport of gases--Design and construction--Part 1: Capacities
up to 1000 litres--Amendment 1,'' in paragraph (w)(89). ISO 21172-
1:2015/Amd1:2018 is a short supplemental amendment intended to be used
in conjunction with ISO 21172-1:2015, which is currently referenced in
Sec. 178.71. This amendment authorizes the use of this supplemental
document in conjunction with the first edition, ISO 21172-1:2015. It
also adds an end date of December 31, 2026, until which ISO 21172-
1:2015 may continue to be used without this supplemental amendment. ISO
21172-1:2015 specifies the minimum requirements for the material,
design, fabrication, construction, workmanship, inspection, and testing
at manufacture of refillable welded steel gas pressure drums of volumes
150 L to 1,000 L, and up to 300 bar (30 MPa) test pressure for
compressed and liquefied gases. This supplemental amendment includes
updated references and removes the restriction on corrosive substances.
Updating references to this document aligns the HMR with documents
referenced in the 22nd revised edition of the UN Model Regulations
pertaining to the design and construction of UN pressure drums. PHMSA
has reviewed this edition as part of its regular participation in the
review of amendments for the UN Model Regulations and does not expect
any
[[Page 25442]]
degradation of safety standards in association with its use.
Incorporate by reference ISO 23088:2020, ``Gas cylinders--
Periodic inspection and testing of welded steel pressure drums--
Capacities up to 1000 l,'' in paragraph (w)(91). This amendment
incorporates by reference the first edition of ISO 23088, which
specifies the requirements for periodic inspection and testing of
welded steel transportable pressure drums of water capacity from 150 L
up to 1,000 L, and up to 300 bar (30 MPa) test pressure intended for
compressed and liquefied gases in Sec. 180.207. This new standard was
adopted in the 22nd revised edition of the UN Model Regulations because
it fulfills the need for specific periodic inspection instructions for
pressure drums constructed in accordance with ISO 21172-1.
Incorporating by reference this document aligns the HMR with standards
adopted in the 22nd revised edition of the UN Model Regulations
pertaining to the design, construction, and inspection of UN pressure
drums. PHMSA has reviewed this document as part of its regular
participation in the review of amendments for the UN Model Regulations
and expects that its addition will facilitate the continued use of UN
pressure drums with no degradation of safety.
In paragraph (aa)(3), incorporate by reference the OECD
Guidelines for the Testing of Chemicals, ``Test No. 439: In Vitro Skin
Irritation: Reconstructed Human Epidermis Test Method'' (2015). This
Test Guideline (TG) provides an in vitro procedure that may be used for
the hazard identification of irritant chemicals. PHMSA is amending the
HMR to reference this test in Sec. 173.137, and to authorize the use
of this test method in addition to those already referenced in that
section. This test method is used to specifically exclude a material
from classification as corrosive, and to maintain alignment with the
22nd revised edition of the UN Model Regulations. This test method
provides an in vitro procedure that may be used for the hazard
identification of irritant chemicals (substances and mixtures). OECD
test methods can be found in the OECD iLibrary available at https://www.oecd-ilibrary.org.
In paragraph (dd), incorporate by reference United Nations
standards including:
[rarr] ``The Recommendations on the Transport of Dangerous Goods--
Model Regulations,'' 22nd revised edition (2021), Volumes I and II, in
paragraph (dd)(1), which are referenced in Sec. Sec. 171.8; 171.12;
172.202; 172.401; 172.407; 172.502; 172.519; 173.22; 173.24; 173.24b;
173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; and 178.274. The
Model Regulations provide framework provisions promoting uniform
development of national and international regulations governing the
transportation of hazardous materials by various modes of transport. At
its tenth session on December 11, 2020, the UNSCOE on the Transport of
Dangerous Goods adopted amendments to the UN Model Regulations on the
Transport of Dangerous Goods concerning, inter alia, electric storage
systems (including modification of the lithium battery mark and
provisions for transport of assembled batteries not equipped with
overcharge protection); requirements for the design, construction,
inspection, and testing of portable tanks with shells made of fiber
reinforced plastics (FRP) materials; modified listings of dangerous
goods; and additional harmonization with the IAEA Regulations for the
Safe Transport of Radioactive Material. PHMSA participates in the
development of the UN Model Regulations and has determined that the
amendments adopted in the 22nd revised edition support the safe
transport of hazardous materials and as such are appropriate for
incorporation in the HMR. The 22nd revised edition of the UN Model
Regulations is available online at https://unece.org/transport/dangerous-goods/un-model-regulations-rev-22.
[rarr] ``The Manual of Tests and Criteria, Amendment 1 to the
Seventh revised edition'' (Rev.7/Amend.1) (2021), in paragraph
(dd)(2)(ii), which is referenced in Sec. Sec. 171.24, 172.102; 173.21;
173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 173.127;
173.128; 173.137; 173.185; 173.220; 173.221; 173.224; 173.225; 173.232;
part 173, appendix H; 175.10; 176.905; and 178.274. The Manual of Tests
and Criteria contains instruction for the classification of hazardous
materials for purposes of transportation according to the UN Model
Regulations. At its tenth session, the Committee of Experts on the
Transport of Dangerous Goods and on the Globally Harmonized System of
Classification and Labelling of Chemicals adopted a set of amendments
to the seventh revised edition of the Manual, which were circulated and
collected in amendment 1 to the seventh revised edition. The new
amendments adopted in December 2020 pertain to the transport of
explosives, including alignment with revised Chapter 2.1 of the GHS,
classification of self-reactive substances and polymerizing substances,
and the assessment of the thermal stability of samples and temperature
control assessment for transport of self-reactive substances and
organic peroxides. PHMSA has reviewed and approved the amendments
adopted in this document and further expects that their incorporation
in the HMR will provide an additional level of safety. PHMSA is
incorporating by reference this document as a supplement, to be used in
conjunction with the seventh revised edition (2019). The amendments to
the manual can be accessed at https://unece.org/transport/dangerous-goods/rev7-files.
[rarr] ``Globally Harmonized System of Classification and Labelling
of Chemicals (GHS),'' ninth revised edition (2021) in paragraph
(dd)(3), which is referenced in Sec. 172.401. The GHS standard
provides a basic scheme to identify and communicate the hazards of
substances and mixtures. At its tenth session on December 11, 2020, the
Committee of Experts on the Transport of Dangerous Goods and on the
Globally Harmonized System of Classification and Labelling of Chemicals
adopted a set of amendments to the eighth revised edition of the GHS
which include, inter alia: revisions to Chapter 2.1 (explosives) to
better address their explosion hazard when they are not in their
transport configuration; revisions to decision logics; revisions to
classification and labelling summary tables in Annex 1; revisions and
additional rationalization of precautionary statements; and updates of
references to OECD test guidelines for the testing of chemicals in
Annexes 9 and 10. PHMSA has reviewed and approved the amendments
incorporated in this document and further expects that its
incorporation in the HMR will provide an additional level of safety.
The ninth revised edition of the GHS can be accessed at https://unece.org/transport/standards/transport/dangerous-goods/ghs-rev9-2021.
Section 171.12
Section 171.12 prescribes requirements for shipments of hazardous
materials in North America, including use of the Transport Canada (TC)
Transportation of Dangerous Goods (TDG) Regulations. In rule HM-
215N,\15\ PHMSA amended the HMR to expand recognition of cylinders and
pressure receptacles, and certificates of equivalency--Transport
Canada's equivalent of a special permit--approved in accordance with
the TDG Regulations. The goal of these amendments was to promote
flexibility; permit the use of modern technology for
[[Page 25443]]
the requalification and use of pressure receptacles; expand the
universe of pressure receptacles authorized for use in hazardous
material transport; reduce the need for special permits; and facilitate
cross-border transportation of these pressure receptacles. In
accordance with Sec. 171.12(a)(4), when the provisions of the HMR
require the use of either a DOT specification or a UN pressure
receptacle for transport of a hazardous material, a packaging
authorized by Transport Canada's TDG Regulations may be used only if it
corresponds to the DOT specification or UN standard. HM-215N revised
paragraph (a)(4)(iii) to include a table listing Canadian Railway
Commission (CRC), Board of Transport Commissioners for Canada (BTC),
Canadian Transport Commission (CTC), or Transport Canada (TC)
specification cylinders, in accordance and full conformance with the
TDG Regulations, that correspond with a DOT specification cylinder.
---------------------------------------------------------------------------
\15\ 82 FR 15796 (Mar. 30, 2017).
---------------------------------------------------------------------------
However, currently there are no TC specification cylinders
corresponding to DOT specification cylinders listed in the table for
DOT-8 and DOT-8AL cylinders used to transport acetylene. During the
development of HM-215N, PHMSA conducted a comparative analysis of DOT
and TC cylinder specifications, and only those TC cylinder
specifications that corresponded directly to DOT cylinder
specifications were included. As a result, PHMSA did not include TC-8WM
and TC-8WAM specifications for the transport of acetylene in the table
of corresponding cylinders at Sec. 171.12(a)(4)(iii). This omission
was primarily due to concerns over differing solvent authorizations,
calculations, and methods of construction for the design associated
with the TC-8WM and TC-8WAM specifications. PHMSA conducted a second
comparative analysis of DOT and TC cylinder specifications for
transport of acetylene and concluded that the initial concerns were
unwarranted. Therefore, PHMSA is adding TC-8WM and TC-8WAM
specifications to the table of corresponding DOT specifications in
Sec. 171.12(a)(4)(iii) as comparable cylinders to DOT-8 and DOT-8AL,
respectively. PHMSA's supplemental review indicates the differences
between the TC and DOT specifications for transport of acetylene are
minor, and the standard for safety of transportation of acetylene in
cylinders under the HMR is maintained. This amendment allows for TC
acetylene cylinders manufactured in Canada to be filled, used, and
requalified (including rebuild, repair, and reheat-treatment) in the
United States, facilitating cross border movement of acetylene and
eliminating the need for a special permit to allow transport of
acetylene in these TC-8WM and TC-8AWM cylinders while maintaining an
equivalent level of safety. Additionally, this amendment provides
reciprocity to TC's authorized use of DOT-8 and DOT-8AL cylinders for
acetylene transport. DGAC and CGA provided comments in support of this
revision. Additionally, DGAC urges TC and PHMSA to work to mutually
recognize competent authority approvals and special permits. DGAC adds
that mutual recognition of these authorities will further enable
companies to move hazardous material in a safe and expeditious manner,
eliminating unnecessary applications to both regulatory authorities,
while maintaining safe transportation for hazardous materials. PHMSA
acknowledges DGAC's comment and will continue to work with TC on
efforts to harmonize the TDG with the HMR in the future.
Section 171.23
Section 171.23 outlines the requirements for specific materials and
packagings transported under the ICAO Technical Instructions, IMDG
Code, TC TDG Regulations, or the IAEA Regulations. It also includes
authorized use, under specific conditions, of pi-marked pressure
receptacles that comply with the Agreement Concerning the International
Carriage of Dangerous Goods by Road (ADR), and the EU Directive 2010/
35/EU,\16\ and marked with a pi ([pi]) symbol to denote such compliance
for transport of hazardous materials. PHMSA is amending the language in
the provisions for pi-marked pressure receptacles in paragraph (a)(3)
to clarify the scope of pressure receptacles authorized by this
section. ``Pressure receptacles'' is a collective term that may be used
to refer to many types of pressurized containers of various sizes, such
as cylinders, tubes, pressure drums, closed cryogenic receptacles,
metal hydride storage systems, bundles of cylinders, or salvage
pressure receptacles. When PHMSA adopted the provisions for pi-marked
pressure receptacles,\17\ it did not intend to broadly apply the scope
to all pressure receptacle types. Instead, PHMSA's intent was to apply
the authorized use of pi-marked pressure receptacles domestically only
to cylinders, as indicated in current paragraph (a)(3)(iii), which
specifically references cylinders. Some of the pressure receptacles
authorized in accordance with the ADR standard do not have an
equivalent packaging authorized in the HMR, and some have large
capacities, both of which give pause to PHMSA with respect to the
hazardous materials authorized in these packagings. Therefore, PHMSA is
replacing the words ``pressure receptacles'' in paragraph (a)(3) with
``cylinders with a water capacity not exceeding 150 L,'' as defined in
Sec. 171.8, to specify the scope of pi-marked pressure receptacles
authorized under Sec. 171.23. PHMSA expects that this amendment will
improve safety by providing additional clarity with regard to the scope
of authorized use of pi-marked pressure receptacles for transport of
hazardous material in the United States. PHMSA is aware of growing
interest in the authorization for use of other pi-marked pressure
receptacles and PHMSA plans to address that issue in a future
rulemaking. CGA and DGAC provided a comment in support of this
revision.
---------------------------------------------------------------------------
\16\ U.N. Econ. Comm'n for Europe, Transportation Division,
Agreement Concerning the Int'l Carriage of Dangerous Goods by Road,
110th Sess., ECE/TRANS/300, U.N. Sales No. E. 21. VIII. 1 (2020).
\17\ 85 FR 75680 (Nov. 25, 2020).
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Section 171.25
Section 171.25 outlines additional requirements for the use of the
IMDG Code in addition to those found in Sec. 171.22 and Sec. 171.23.
As discussed in the NPRM, PHMSA is not adopting provisions for UN FRP
portable tanks in the HMR. However, to facilitate limited import and
export of these tanks in international commerce, and to gain additional
experience with their transport, PHMSA is adding a new paragraph--Sec.
171.25(c)(5)--that prohibits the general transportation of UN FRP
portable tanks designed and constructed in accordance with Chapter 6.10
of the IMDG Code within the United States, yet allows for the tanks to
be transported within a single port area in the United States in
accordance with the provisions of Sec. 171.25(d) covering the use of
the IMDG Code in port areas. This action will maintain the safe
transportation of hazardous material under the HMR while facilitating
international commerce by permitting the import or export of hazardous
materials in UN FRP portable tanks, and limiting their use and movement
within the confines of a single port area. DGAC provided comments in
support of this revision.
[[Page 25444]]
B. Part 172
Section 172.101 Hazardous Materials Table (HMT)
The HMT summarizes terms and conditions governing transportation of
listed hazardous materials under the HMR. For each entry, the HMT
identifies information such as the PSN, UN identification number, and
hazard class. The HMT specifies additional information or reference
requirements in the HMR such as hazard communication, packaging,
quantity limits aboard aircraft, and stowage of hazardous materials
aboard vessels. PHMSA is making several changes to the HMT as discussed
below. For purposes of the Government Publishing Office's typesetting
procedures, changes to the HMT appear under three sections of the HMT:
``remove,'' ``add,'' and ``revise.'' Certain entries in the HMT, such
as those with revisions to the PSNs, appear as a ``remove'' and
``add.'' Amendments to the HMT include the following:
New HMT Entry
PHMSA is adding a new entry, ``UN3550, Cobalt dihydroxide powder,
containing not less than 10% respirable particles, Division 6.1, PG
I,'' to the HMT. Cobalt is a key strategic mineral used in various
advanced medical and technical applications around the world, and it is
essential to keep the global supply chains for this material open. This
material has a 40-year history of safe global transport as ``UN3077,
Environmentally hazardous substance, solid, n.o.s., Class 9'' in
different forms, including as crude material directly from mines, high
moisture content paste, and very fine refined powders in flexible IBCs
rated for PG III. However, recent testing required for compliance with
the REACH Regulation in the European Union, and subsequent evaluation
against the hazard classification criteria of the EU Classification,
Labelling, and Packaging (CLP) Regulation, resulted in a classification
of Acute toxicity by inhalation Category 1, which is equivalent to the
Division 6.1 hazard classification. As a result of this testing, it was
determined that when this material is in fine powder form, it must no
longer be transported as Class 9 miscellaneous hazard material. In
powder form, cobalt dihydroxide powder must now be classified as a
Division 6.1 toxic-by-inhalation solid material, for which a unique UN
identification number and associated classification, hazard
communication, and packing instructions do not currently exist in the
HMT. This change in classification led to the development of the new UN
identification number UN3550 and associated transportation requirements
by the UNSCOE. To that end, the UNSCOE developed appropriate packaging
provisions, including a special packaging condition, which permits the
continued use of certain flexible IBCs. PHMSA notes that other forms of
cobalt dihydroxide powder may continue to be classified and described
as ``UN3077, Environmentally hazardous, solid, n.o.s., 9, PG III.''
Specifically, the UNSCOE addressed shipper concerns that flexible IBCs
are not otherwise permitted for transport of Division 6.1 toxic solids,
yet there is a 40-year record of safe transport of the refined material
as UN3077 material in flexible IBCs, with no recorded accidents,
incidents, or health issues. PHMSA is also adding a corresponding
special provision (IP22) to indicate that the use of certain flexible
IBCs is permitted for UN3550, which is discussed further in Sec.
172.102 of this Section-by-Section Review. The other packaging
provisions for this cobalt dihydroxide powder are consistent with those
for other Division 6.1 solid materials assigned PG I, such as ``UN3467,
Organometallic compound, solid, toxic, n.o.s.'' An entry for UN3550 was
also added in the 2023-2024 ICAO Technical Instructions and aligns with
the packaging requirements in this final rule. PHMSA agrees with the UN
provision to allow for the continued transport of this hazardous
material in flexible IBCs, or in accordance with other special
provisions and packaging requirements outlined in Part 173. The
addition of this new HMT entry will maintain the HMR's safety standard
for transportation of Division 6.1 solid materials.
HMT Corrections
PHMSA is making corrections to multiple HMT entries that were
inadvertently modified in previous rulemakings. Specifically, for the
PGII and PGIII entries for ``UN3129, Water-reactive liquid, corrosive,
n.o.s.'' and ``UN3148, Water-reactive liquid, n.o.s.,'' the references
to exceptions in Sec. 173.151 in Column 8A were removed and replaced
with the word ``None.'' While there are no exceptions for these
materials when assigned to PGI, PHMSA did not intend to remove the
exceptions for PGII and III materials. Additionally, for the PGIII
entry for ``UN3148, Water-reactive liquid, n.o.s.,'' the ``G'' in
Column 1, which indicates that a technical name must be provided in
association with the proper shipping name, was also inadvertently
deleted. PHMSA expects that making these editorial corrections will
prevent frustrations in shipping due to the inadvertent removal of the
reference to authorized shipping exceptions and prevent confusion
regarding the required shipping description. PHMSA also is making a
correction to the entry ``UN0512, Detonators, electronic programmable
for blasting.'' In HM-215P, PHMSA added three new entries for
electronic detonators to distinguish them from electric detonators,
which have different functioning characteristics but similar regulatory
provisions for their transport. PHMSA incorrectly assigned an obsolete
special provision, Special Provision 103, which was removed from the
HMR by final rule HM-219C.\18\ UN0512 is comparable to the entry UN0255
and therefore should reflect the same special provision, Special
Provision 148. Therefore, PHMSA is removing the reference to Special
Provision 103 in Column 7 for UN0512 and replacing it with Special
Provision 148 consistent with the entry of UN0255. PHMSA expects this
correction will remove confusion surrounding additional provisions for
these detonators. Lastly, PHMSA is making a correction to the proper
shipping name for UN3380, which should read ``Desensitized explosive,
solid, n.o.s.'' In the previous HM-215 rulemaking, the word
``explosive'' was inadvertently made plural. This spelling is in
conflict with a similar material on the HMT, ``UN3379, Desensitized
explosive, liquid, n.o.s.,'' and international regulations. Therefore,
PHMSA expects that this correction will remove confusion surrounding
the proper shipping name for these materials.
---------------------------------------------------------------------------
\18\ 85 FR 75680 (Nov. 25, 2020).
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PHMSA is also making a correction to the HMT entry for ``UN1791,
Hypochlorite Solutions.'' In HM-215O, PHMSA added stowage codes 53 and
58--which require stowage ``separated from alkaline compounds'' and
``separated from cyanides,'' respectively--to Column 10B of the HMT for
several hazardous materials for consistency with changes included in
Amendment 39-18 of the IMDG Code. These stowage codes were intended to
be applied to several HMT entries to ensure proper segregation between
acids and both amines and cyanides, but should not have included
UN1791. Therefore, PHMSA is removing stowage codes 53 and 58 from
Column 10B for this entry. PHMSA expects that this correction will
remove the burden faced by shippers who have had to segregate
hypochlorite solutions for compliance with the HMR, which is
inconsistent
[[Page 25445]]
with the requirements of the IMDG Code.
Lastly, PHMSA is making a correction to the HMT entry for ``UN3021,
Pesticides, liquid, flammable, toxic, flash point less than 23 degrees
C.'' On December 27, 2022, PHMSA published the HM-260B \19\ final rule
titled ``Hazardous Materials: Editorial Corrections and
Clarifications,'' which intended to only revise the hazardous materials
description in Column 2 to italicize ``flash point less than 23 degrees
C'' so that it is understood it is not part of the required PSN as it
is now reflected in the HMT--``UN3021, Pesticides, liquid, flammable,
toxic, flash point less than 23 degrees C.'' However, this revision
unintentionally left out the PG II line for the ``UN3021, Pesticides,
liquid, flammable, toxic, flash point less than 23 degrees C '' entry,
and thus it was inadvertently revised in the HMT to only show the PG I
line of the table entry for this hazardous material description.
Therefore, in this final rule, PHMSA is revising the entry under
``UN3021, Pesticides, liquid, flammable, toxic, flash point less than
23 degrees C '' to again include the PG II line as it was never
intended to be removed, and to avoid confusion by stakeholders whether
there is no longer a PG II line with associated references for
authorized packaging and transportation conditions for this table
entry.
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\19\ 87 FR 79752 (Dec. 27, 2022).
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Column (2) Hazardous Materials Descriptions and Proper Shipping Names
Section 172.101(c) describes column (2) of the HMT and the
requirements for hazardous materials descriptions and PSNs. PHMSA is
consolidating two entries in the HMT that are currently listed under
``UN1169, Extracts, aromatic, liquid'' (PGII and PGIII) and ``UN1197,
Extracts, flavoring, liquid'' (PGII and PGIII). Specifically, PHMSA is
removing the table entry for ``UN1169, Extracts, aromatic, liquid'' and
modifying the PSN associated with the table entry for UN1197 to reflect
materials that have been historically transported separately under
UN1169 and UN1197. The 22nd revised edition of the UN Model Regulations
made these same changes, deleting UN1169 from the Dangerous Goods List
and changing the PSN for UN1197 to ``Extracts, liquid, for flavor or
aroma'' to remove confusion associated with selection of the
appropriate PSNs across the various languages of nations engaged in
international shipments of the material. It became apparent that,
whether for a flavor extract or aroma extract, the PSNs were often used
interchangeably as there is no difference between the two with regard
to classification, hazard communication, and packaging for transport.
PHMSA agrees that the existence of two interchangeable UN numbers does
not provide any additional value and, therefore, is removing the table
entry for UN1169 and modifying the PSN for UN1197 to read ``Extracts,
liquid, for flavor or aroma.'' Additionally, PHMSA is amending the text
of paragraph (c)(12)(ii), which outlines requirements for generic or
n.o.s. descriptions. The text of this paragraph provides an example
using ``Extracts, flavoring, liquid.'' Therefore, PHMSA is amending the
wording of that example by replacing ``Extracts, flavoring, liquid''
with ``Extracts, liquid, for flavor or aroma'' to correspond to the
amended PSN for UN1197. This action maintains the current level of
safety for transportation of liquid extracts.
Column (3) Hazard Class or Division
Section 172.101(d) describes column (3) of the HMT, which
designates the hazard class or division corresponding to the PSN of
that entry. Consistent with changes adopted in the 22nd revised edition
of the UN Model Regulations, PHMSA is changing the primary hazard
classification for the entry ``UN1891, Ethyl Bromide,'' from a toxic
liquid of Division 6.1 to a Class 3 flammable liquid. This change in
classification is consistent with the change adopted in the 2023-2024
ICAO Technical Instructions, as well as the UN Model Regulations, and
is based on new test data indicating that the flash point and boiling
point of ethyl bromide has a core flammability hazard according to the
Class 3 classification criteria of the ICAO Technical Instructions.
More specifically, different data sources showed that its flash point
of -20 [deg]C (-4 [deg]F) and its boiling point of 38 [deg]C (100.4
[deg]F) meet the criteria for assignment as a Class 3 at the PG II
level--the criteria of which is having a flash point <23 [deg]C and
boiling point >35 [deg]C. Additionally, rather than classifying ethyl
bromide solely as a Class 3 flammable liquid, it was determined that
the Division 6.1 hazard still applies and should remain assigned as a
subsidiary hazard. This is consistent with the HMR precedence of hazard
table in Sec. 173.2a, which states that a material that meets criteria
for classification as both Class 3 and Division 6.1 (except for when a
material meets the PG I poison-by-inhalation criteria), the
flammability hazard takes precedence and is the primary hazard. These
changes in hazard class and associated packaging requirements were
adopted to ensure that the hazards of ethyl bromide are accurately
communicated and appropriately packaged. PHMSA reviewed these findings
and agrees it is appropriate to classify ethyl bromide as a flammable
liquid, with a subsidiary Division 6.1 hazard. Because of this change
in hazard class, additional conforming changes to the HMT entry for
ethyl bromide are required in column (6), as discussed below.
Additionally, PHMSA expects that clearly identifying the flammability
hazard posed by this material will improve safety by ensuring that the
material is handled appropriately before and during transport.
Column (6) Label Codes
Section 172.101(g) describes column (6) of the HMT, which contains
label codes representing the hazard warning labels required for a
package filled with a material conforming to the associated hazard
class and proper shipping name, unless the package is otherwise
excepted from labeling. The first code is indicative of the primary
hazard of the material. Additional label codes are indicative of
subsidiary hazards. As discussed above, PHMSA is modifying the primary
hazard class for ``UN1891, Ethyl bromide'' to Class 3. Consistent with
this change, PHMSA is assigning Class 3 as the primary hazard label and
Division 6.1 as a subsidiary hazard label. Consequently, PHMSA is
amending column (6) of the HMT for this entry to reflect the warning
labels required for the transport of this hazardous material. PHMSA
expects that this change will improve safety by clearly communicating
the transportation hazards of this material.
Column (7) Special Provisions
Section 172.101(h) describes column (7) of the HMT, which assigns
special provisions for each HMT entry. Section 172.102 provides for the
meaning and requirements of the special provisions assigned to entries
in the HMT. The revisions to column (7) of certain entries in the HMT
are discussed below.
Special Provision 396
PHMSA is adding a new special provision, Special Provision 396, and
assigning it to ``UN3538, Articles containing non-flammable, non-toxic
gas, n.o.s.'' DGAC noted that PHMSA had inadvertently left out Special
Provision 396 in column 7 for ``UN3538, Articles containing non-
flammable, non-toxic gas, n.o.s.'' PHMSA has revised that editorial
error in this final rule. For
[[Page 25446]]
additional information, see Sec. 172.102 of the Section-by-Section
Review.
Special Provision 398
PHMSA is assigning a newly added special provision, Special
Provision 398, which pertains to the potential classification of
butylene and butylene mixtures as UN1012. This special provision
clarifies that butylene mixtures and certain butylene isomers may be
assigned to UN1012, while specifically excluding isobutylene from this
UN classification. For additional information, see Sec. 172.102 of the
Section-by-Section Review.
Special Provisions A4 and A5
PHMSA is assigning Special Provision A4 to the entry ``UN2922,
Corrosive liquid, toxic, n.o.s.'' and Special Provision A5 to the entry
``UN2923, Corrosive solid, toxic, n.o.s.'' Special Provisions A4 and A5
address liquids and solids in PG I that also pose an inhalation
toxicity hazard by limiting or prohibiting their transportation on
aircraft. In principle, all liquids or solids that have an inhalation
toxicity hazard, and assigned PG I, should be subject to one of the two
special provisions, as appropriate. However, UN2922 and UN2923 are
assigned Class 8 as the primary hazard and Division 6.1 as a subsidiary
hazard because of classification guidelines that require hazardous
materials that meet the criteria of Class 8, and have an inhalation
toxicity of dusts and mists (LC50) in the range of PG I, but toxicity
through oral ingestion or dermal contact only in the range of PG III or
less, must be assigned to Class 8 as the primary hazard rather than
Division 6.1. In reviewing these provisions, the ICAO Dangerous Goods
Panel (DGP) determined that additional restrictions should be
implemented for these hazardous materials as the corrosive
classification assigned to UN2922 and UN2923 does not negate the
inhalation toxicity hazard. Because of the inhalation hazard posed by
these materials, the 2023-2024 ICAO Technical Instructions included an
amendment to impose quantity limits for transportation of these
materials by air. PHMSA agrees with this determination and therefore is
assigning Special Provision A4 to UN2922, which prohibits this material
from transport on passenger and cargo-only aircraft. PHMSA also is
assigning Special Provision A5 to UN2923, which prohibits this material
on passenger aircraft and limits the amount that may be transported on
cargo-only aircraft. PHMSA expects that correcting this conflict will
improve safety by prohibiting corrosive materials that also pose
inhalation hazards on passenger aircraft and limiting their transport
on cargo-only aircraft.
Special Provisions A224 and A225
PHMSA is adding two new air special provisions, A224 and A225, and
assigning them to HMT entries ``UN3548, Articles containing
miscellaneous dangerous goods, n.o.s.'' and ``UN3538, Articles
containing non-flammable, non-toxic gas, n.o.s.,'' respectively. These
special provisions allow for the transport on both passenger aircraft
and cargo-only aircraft under certain conditions. For additional
information, see 172.102 of the Section-by-Section Review. Also, see
Sec. 172.102 of the Section-By-Section Review below for a detailed
discussion of the special provision amendments addressed in this final
rule. DGAC and MDTC provided comments in support of this revision.
Column (8) Packaging
Section 172.101(i) explains the purpose of column (8) in the HMT.
Columns (8A), (8B), and (8C) specify the applicable sections for
exceptions, non-bulk packaging requirements, and bulk packaging
requirements, respectively. Columns (8A), (8B), and (8C) are completed
in a manner which indicates that ``Sec. 173.'' precedes the designated
numerical entry. Column (8A) contains exceptions from some of the
requirements of this subchapter. The referenced exceptions are in
addition to those specified in subpart A of part 173 and elsewhere in
subchapter C. The word ``None'' in this column means no packaging
exceptions are authorized, except as may be provided by special
provisions in column (7). For example, the entry ``151'' in column
(8A), associated with the proper shipping name ``Nitrocellulose with
water,'' indicates that, for this material, packaging exceptions are
provided in Sec. 173.151 of this subchapter.
PHMSA is removing references to Sec. 173.151, which provides
exceptions for Class 4 hazardous materials, in column (8A), and adding
the word ``None'' for three solid desensitized explosive entries:
``UN2555, Nitrocellulose with water with not less than 25 percent water
by mass;'' ``UN2556, Nitrocellulose with alcohol with not less than 25
percent alcohol by mass, and with not more than 12.6 percent nitrogen,
by dry mass;'' and ``UN2557, Nitrocellulose, with not more than 12.6
percent nitrogen, by dry mass mixture with or without plasticizer, with
or without pigment.'' These changes remove the applicability of the
limited quantity exceptions for these hazardous materials to correct an
inconsistency regarding solid desensitized explosives. Consistent with
the UN Model Regulations, PHMSA has not authorized limited quantity
packaging exceptions for 30 other solid desensitized explosives.\20\
Solid desensitized explosives are explosive substances that are wetted
with water or alcohols, or are diluted with other substances, to form a
homogeneous solid mixture to suppress their explosive properties. Like
PG I materials, solid desensitized explosives in PG II are specifically
prohibited from transport under the limited quantity provisions in the
UN Model Regulations. However, this inconsistency was identified with
respect to air transport by the ICAO DGP, resulting in a similar
amendment in the 2023-2024 ICAO Technical Instructions. In this final
rule, PHMSA is also making related editorial amendments in Sec.
173.27, general requirements for transportation by aircraft. (See
additional discussion in Sec. 173.27 of Section-by-Section Review.)
PHMSA expects that correcting this oversight to require these
nitrocellulose mixtures be transported in accordance with all
requirements of the HMR, rather than permitting the use of the limited
quantity exceptions in Sec. 173.151, will not only add an additional
level of safety, but also facilitate the transport of these materials
by streamlining packaging and hazard communication requirements to be
consistent with requirements for similar materials and with
international regulations.
---------------------------------------------------------------------------
\20\ UN1310, UN1320, UN1321, UN1322, UN1336, UN1337, UN1344,
UN1347, UN1348, UN1349, UN1354, UN1355, UN1356, UN1357, UN1517,
UN1571, UN2555, UN2556, UN2557, UN2852, UN2907, UN3317, UN3319,
UN3344, UN3364, UN3365, UN3366, UN3367, UN3368, UN3369, UN3370,
UN3376, UN3380, and UN3474.UN1517, UN1571, UN2555, UN2556, UN2557,
UN2852, UN2907, UN3317, UN3319, UN3344, UN3364, UN3365, UN3366,
UN3367, UN3368, UN3369, UN3370, UN3376, UN3380, and UN3474.
---------------------------------------------------------------------------
Column (9) Quantity Limitations
Section 172.101(j) explains the purpose of column (9) in the HMT.
Column (9) specifies quantity limitations for packages transported by
air and rail. Column (9) is divided into two columns: column (9A)
provides quantity limits for passenger aircraft/rail, and column (9B)
provides quantity limits for cargo-only aircraft.
Consistent with changes adopted in the 2023-2024 edition of the
ICAO Technical Instructions, PHMSA is amending the quantity limitations
for UN 1891, Ethyl bromide, when
[[Page 25447]]
transported by passenger aircraft. Previously, the maximum net quantity
per package for passenger aircraft was 5 L on the Dangerous Goods List
of the ICAO Technical Instructions; this same quantity limit is
currently in place for passenger aircraft, as indicated in column (9A)
of the HMT. As a result of the reclassification of UN1891 as a Class 3
flammable liquid, the permitted quantity was reduced in the ICAO
Technical Instructions to 1L per packaging. This change is in line with
the quantity limits for many other Class 3 materials. PHMSA is making a
corresponding change for passenger aircraft limits in column (9A). With
regard to cargo-only aircraft, no changes to the 60 L maximum net
quantity were made in the ICAO Technical Instructions, as that limit is
the same for Class 3 and Division 6.1 materials. PHMSA expects that
this change will provide an additional level of safety commensurate to
the newly recognized flammability hazard posed by this material.
PHMSA is modifying the packaging limits aboard cargo-only aircraft
for three battery entries: ``UN2794, Batteries, wet, filled with acid,
electric storage;'' ``UN2795, Batteries, wet, filled with alkali,
electric storage;'' and ``UN3292, Batteries, containing sodium.''
Specifically, these changes limit the quantity per packaging to 400 kg,
as there is currently no limit for these items. Typically, these
articles must be packed in UN specification packagings, and 400 kg is
the maximum quantity permitted in such packagings. These changes are
consistent with changes made in the 2023-2024 ICAO Technical
Instructions, which were made as a correction to an inconsistency
between the ICAO Technical Instructions and the UN Model Regulations.
Therefore, in column (9B) of the HMT, the words ``no limit'' will be
replaced by 400 kg. PHMSA expects that this change will streamline
packaging requirements by providing packaging limits for similar items
in similar packagings, consistent with analogous international
regulations. This streamlining will also increase safety by increasing
clarity on the packaging limits for these similar items.
Section 172.102 Special Provisions
Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
include packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. PHMSA is
making the following revisions to the special provisions in this
section:
Special Provision 78
Special Provision 78 currently states that ``UN1002, Air,
compressed'' may not be used to describe compressed air that contains
more than 23.5% oxygen. It also stipulates that compressed air
containing more than 23.5% oxygen must be shipped using the description
``UN3156, Compressed gas, oxidizing, n.o.s.,'' which has a Class 5
subsidiary hazard classification. PHMSA is amending Special Provision
78 to provide additional clarity with regard to the permitted use of
the proper shipping description UN1002. In an effort to address
specific mixtures of nitrogen and oxygen that are commercially called
``synthetic air,'' the 22nd revised edition of the UN Model Regulations
includes a new special provision that was intended to clarify that
``synthetic air'' may be transported under UN1002, provided that it
does not contain more than 23.5% oxygen. ``Synthetic air'' is typically
a mixture containing up to 23.5% oxygen with the balance being
nitrogen. This mixture is used in a variety of applications, including
medical and non-medical, and may be used when ambient air is not
sufficient due to the presence of contaminants. This new special
provision specifies that mixtures of nitrogen and oxygen containing not
less than 19.5% and not more than 23.5% oxygen by volume may be
transported under UN1002 when no other oxidizing gases are present. It
also states that a Division 5.1 subsidiary hazard label is not required
for any concentrations within this limit. While this language is not
drastically different than the current language in the HMR, PHMSA
expects that rewording Special Provision 78 to include the 19.5% lower
bound for oxygen and the note regarding the use of the Division 5.1
subsidiary hazard label will improve safety by providing clearer and
more useful instructions for shippers of compressed synthetic air.
Special Provision 156
PHMSA is amending Special Provision 156 to require that, when
transported by air, a shipping paper, such as an air waybill,
accompanying the shipment must indicate that the package containing
asbestos is not restricted for shipment. Currently, this special
provision excepts asbestos from the requirements of 49 CFR Subchapter C
when it is immersed or fixed in a natural or artificial binder--such as
cement, plastics, asphalt, resins, or mineral ore--in such a way that
no escape of hazardous quantities of respirable asbestos fibers can
occur. It was noted that confusion over whether a shipment was or was
not excepted from the regulations had led to delays and frustrated
shipments. The 2023-2024 ICAO Technical Instructions amended a similar
special provision to assist in providing evidence of compliance with
its requirements. PHMSA's revision to Special Provision 156 requires
that, when transported by air, packages or shipping documentation be
marked to indicate that the package containing asbestos is not
restricted for shipment. PHMSA expects that this requirement will
facilitate the safe shipment of asbestos by preventing them from being
mistaken as fully regulated hazardous materials.
Special Provision 387
Special Provision 387 provides shippers of polymerizing substances
with information regarding stabilization requirements for their
shipments. As discussed below, in an earlier rulemaking, PHMSA placed
sunset dates on the HMR provisions concerning transport provisions for
polymerizing substances to allow time for the completion of research on
various topics concerning their transport, and to gather and review
empirical evidence concerning the appropriate transport provisions for
polymerizing substances. In line with other amendments in this final
rule for the transport of polymerizing substances, PHMSA is amending
Special Provision 387 to remove the sunset date of January 2, 2023. The
result of this amendment is that the existing stabilization
requirements noted in this special provision remain and the sunset date
is removed. DGAC and Dow Chemical provided comments in support of this
revision. See 173.21 of the Section-by-Section Review for the full
discussion of changes pertaining to polymerizing substances.
Special Provision 396
PHMSA is adding a new special provision, Special Provision 396, and
assigning it to ``UN3538, Articles containing non-flammable, non-toxic
gas, n.o.s,'' to authorize the transport of large and robust articles
(e.g., transformers) that include cylinders containing UN1066
``Nitrogen,'' UN1956 ``Compressed gas N.O.S.,'' or UN1002 ``Air,
compressed'' with the valves open to allow low quantities of gas to be
constantly supplied through a pressure regulator from a gas cylinder
connected to the transformer. Similar provisions were added in the 22nd
revised edition of the UN Model Regulations and Amendment 41-22 of the
IMDG Code to
[[Page 25448]]
address shipments of transformers, which are typically pressurized with
nitrogen or air but are not gas tight. Prior to 2020, transformers were
transported as ``UN 3363, Dangerous Goods in Machinery/Apparatus;''
however, the packing provisions for UN3363 imposed quantity limits
requiring multiple approvals from competent authorities as specified in
Special Provision 136 in the HMR (SP 301 in the UN Model Regulations).
Following more recent amendments to the UN Model Regulations, these
transformers were eligible for transport under UN 3538. The provisions
that allow these transformers to be transported unpackaged do not
explicitly require the transformer to be gas-tight but instead require
the valves to be closed during transport. To obviate the need for an
approval each time such transformers are transported, a new special
provision was added to the 22nd revised edition of UN Model Regulations
because these transformers only emit small quantities of nitrogen or
synthetic air, which are not flammable, toxic, corrosive, or oxidizing.
PHMSA is making several safety controls in shipments of this type that
are largely consistent with the provisions adopted in the UN Model
Regulations and the IMDG Code. These controls include requiring the
following: cylinders must be connected to the article through pressure
regulators and have fixed piping to keep the pressure below 35 kPa
(0.35) bar; cylinders must be secured to prevent shifting; cylinders
and other components must be protected from damage and impacts during
transport; the shipping paper must include a reference to shipping
under this special provision; and if placed inside a cargo transport
unit (CTU), the CTU must be well ventilated. PHMSA notes that these
international regulations require marking the CTU with the asphyxiation
warning mark for CTUs. The HMR has not adopted this mark and is not
doing so at this time. PHMSA is not revising this mark because it views
the additional controls--specifically, the indication on the shipping
paper, as well as other operational controls noted in the special
provision--as providing sufficient warning to those in the transport
chain of the dangers present and mitigation of potential hazards. PHMSA
expects that the addition of this special provision will facilitate the
transport of this specialized machinery without imposing excessive
manufacturing requirements to ensure gas tightness to prevent the
release of relatively innocuous gases during transport.
Special Provision 398
PHMSA is adding Special Provision 398, pertaining to the
classification of hazardous materials under UN1012, Butylene. This new
special provision clarifies that butylene mixtures and certain butylene
isomers may be assigned to UN1012, while specifically excluding UN1055,
Isobutylene, from this UN classification. Butylene, also known as
butene, includes four different isomers, corresponding to one general
chemical formula, C4H8. One of these isomers is isobutylene, which,
while similar to the other three isomers, has been assigned a separate
UN number, UN1055, which has its own set of packaging provisions. To
avoid ``UN1055, Isobutylene'' being classified and transported under
UN1012, this amendment facilitates the consistent and proper
classification of this group of hazardous materials. This clarification
for UN1012, Butylene, was added in the 22nd revised edition of the UN
Model Regulations for consistency with European regulations, which made
similar changes to avoid ``UN1055, Isobutylene'' being classified and
transported under UN1012. PHMSA is adding this clarifying special
provision with the expectation that it will facilitate consistent and
proper classification of this group of hazardous materials.
Special Provision 421
Special Provision 421 is currently assigned to the four
polymerizing substance entries in the HMT.\21\ Currently, this special
provision notes that these entries will no longer be effective on
January 2, 2023, unless extended or terminated prior to this date. As
discussed in ``Section I. Executive Summary'' section of this
rulemaking, PHMSA had placed sunset dates on the HMR provisions
concerning transport provisions for polymerizing substances to allow
time for the completion of research on various topics concerning their
transport, and to gather and review empirical evidence concerning the
appropriate transport provisions for polymerizing substances. As we
have completed this review, we are deleting Special Provision 421 and
maintaining the existing polymerizing substance HMT entries. DGAC
provided comments in support of this revision.
---------------------------------------------------------------------------
\21\ UN3531, UN3532, UN3533, and UN3534.
---------------------------------------------------------------------------
Special Provision A54
Special Provision A54 specifies that, irrespective of the quantity
limits in column (9B) of the Sec. 172.101 table, a lithium battery,
including a lithium battery packed with, or contained in, equipment
that otherwise meets the applicable requirements of Sec. 173.185, may
have a mass exceeding 35 kg, if approved by the Associate Administrator
prior to shipment. PHMSA is amending this special provision to require
that, when this special provision is used, the special provision number
must be indicated on the shipping paper. PHMSA expects that this
amendment will enhance safety by improving the communication of
potential hazards, as without such indication, the need for shipment
acceptance staff to check and ensure a copy of the approval
accompanying the shipment can potentially be missed.
Special Provisions A224 and A225
The 2023-2024 ICAO Technical Instructions added two new special
provisions permitting the transport of articles containing hazardous
materials aboard passenger and cargo-only aircraft. Currently these
articles are forbidden from transport on passenger and cargo-only
aircraft, as specified in column (9) of the HMT. However, the ICAO DGP
developed these packaging provisions, which include provisions that
ensure appropriate gas containment during transport. The aim of these
special provisions was to facilitate the transport of large articles
containing environmentally hazardous substances (such as aircraft
landing gear struts filled with hydraulic fluid) and large articles
containing a non-flammable, non-toxic gas (such as new types of
magnetic resonance imaging (MRI) scanners, which often contain
compressed helium as well as lithium cells or batteries). These
amendments were adopted in the 2022-2023 ICAO Technical Instructions,
and PHMSA is mirroring these provisions by adding two new air-specific
special provisions, A224 and A225, and assigning them to HMT entries
``UN3548, Articles containing miscellaneous dangerous goods, n.o.s.''
and ``UN 3538, Articles containing non-flammable, non-toxic gas,
n.o.s.,'' respectively.
These special provisions allow for the transport of large articles
containing a non-flammable, non-toxic gas or environmentally hazardous
substances on both passenger aircraft and cargo aircraft only under
certain conditions. Specifically, under Special Provision A224,
``UN3548, Articles containing miscellaneous dangerous goods, n.o.s.''
are permitted on passenger and cargo-only aircraft, provided that the
only dangerous goods in the article are environmentally hazardous
substances, except for lithium cells or batteries that comply with
Sec. 173.185(c) (e.g., the
[[Page 25449]]
article may contain an environmentally hazardous substance and lithium
cell or battery that complies with Sec. 173.185(c)).
Similarly, under Special Provision A225, ``UN3538, Articles
containing non-flammable, non-toxic gas, n.o.s.'' are permitted aboard
passenger and cargo-only aircraft, provided that the article contains
only a Division 2.2 gas that does not have a subsidiary hazard
excluding refrigerated liquefied gases and other gases forbidden for
transport on passenger aircraft, except for lithium cells or batteries
that comply with Sec. 173.185(c) (e.g., the article may contain a non-
refrigerated liquefied gas or otherwise forbidden Division 2.2 gas
without a subsidiary hazard and a lithium cell or battery that complies
with Sec. 173.185(c)). In addition to containing only the permitted
hazardous materials, the special provision also requires that shippers
comply with additional packaging requirements specified in Sec.
173.232, and that the special provision be indicated on shipping
documentation.
The ICAO DGP agreed that these provisions were appropriate given
that environmentally hazardous substances pose a very low hazard in
air, and that non-flammable, non-toxic gases without subsidiary hazard
are already allowed on both passenger and cargo-only aircraft as well
as certain other articles containing similar gases. PHMSA agrees and
expects that, in addition to aligning the HMR with recent changes added
to the 2023-2024 ICAO Technical Instructions, the addition of these
provisions will facilitate the transport of these materials by air
while maintaining the current level of safety for air transport of
certain hazardous materials. MDTC provided a comment in support of
these revisions.
IP Codes
IP Codes are special provisions that are assigned to specific
commodities and applicable when that commodity is transported in IBCs.
Table 2 in Sec. 172.102 specifies the requirements corresponding to
the IP Code indicated in column (7) of the HMT. In this final rule,
PHMSA is amending the text of IP15 and adding a new IP Code, IP22.
IP15
PHMSA is amending the text of IP15 to clarify language pertaining
to the authorized period of use of composite IBCs. Currently, IP15
states that for IBCs containing UN2031 with more than 55% nitric acid,
rigid plastic IBCs and composite IBCs that have a rigid plastic inner
receptacle are authorized for two years from the date of IBC
manufacture. A change to a corresponding special provision was adopted
in the 22nd revised edition of the UN Model Regulations to make clear
that the authorized two-year period of use specifically refers to the
duration of use of the inner receptacle of composite IBCs and not to
the outer framework. The intent of this requirement is to limit the
inner receptacle for composite IBCs to the two-year period of use when
used for this specific corrosive material, rather than requiring that
the outer framework be inspected as often. The entire composite IBC
remains subject to the five-year inspection interval, prescribed in
Sec. 180.352. This change in the UN Model Regulations was in response
to mistranslations of the UN Model Regulations, which led to
inconsistent maintenance of composite IBCs. While PHMSA is not aware of
any issues surrounding the language in IP15, PHMSA expects that making
this editorial change will ensure international users are not confused
by the text of the HMR, and this clarification will enhance safe
transport of hazardous materials in such IBCs.
IP22
As discussed earlier, PHMSA is adding a new IP code, IP22, for the
new entry, ``UN 3550, Cobalt dihydroxide powder, containing not less
than 10% respirable particles.'' This special provision authorizes the
transport of Cobalt dihydroxide powder, a Division 6.1 solid, in
flexible IBCs that are equipped with siftproof liners that prevent any
egress of dust during transport. This hazardous material was recently
classified as a solid with a toxic-by-inhalation hazard. Prior to this
Division 6.1 classification, cobalt dihydroxide had been transported as
``UN3077, Environmentally hazardous substance, solid, n.o.s., Class 9''
in unlined flexible IBCs. However, this reclassification posed a
problem for shippers because flexible IBCs are not authorized for
Division 6.1 toxic solids. In response to the recent EU GHS changes,
many shippers stopped using unlined flexible IBCs and began using lined
13H3 or 13H4 flexible IBCs to prevent the release of dust.\22\
Additionally, the industry also developed a new design type flexible
IBC with an improved liner to prevent egress of dust. This new design
type, 13H3 flexible IBC, has been tested and approved to PG I by
international competent authorities. Consequently, to address the
packaging problem shippers faced as a result of new classification
criteria, the UNSCOE created a special provision that allows this
material to be transported in lined siftproof packagings. This decision
was based on the 40-year record of safe transport in this material in
PG III packagings, as well as the additional level of sift-proofness
provided by the new design track record of the new siftproof
packagings. PHMSA agrees with the UNSCOE's determination that siftproof
flexible IBCs are appropriate packagings for this material and expects
that this special provision will avoid unnecessary disruptions in the
transport of this essential raw material while still ensuring safe
transport of this material. The lack of a UN entry for this specific
combination of physical and hazardous attributes--solid and toxic-by-
inhalation--led to the development of this new UN entry by the UNSCOE.
More specifically, UN3550 was created for cobalt dihydroxide to resolve
the packaging and transport problem faced by shippers because of the
new Division 6.1 classification. Consequently, based on the record of
safe transport by multi-modal means in flexible IBCs, with no recorded
accidents, incidents, or health issues as UN3077, the UNSCOE's
resolution of this packaging conflict was to develop a new UN number,
assigning appropriate packing provisions and creating a special
packaging condition which permits the use of flexible IBCs.
---------------------------------------------------------------------------
\22\ https://unece.org/DAM/trans/doc/2019/dgac10c3/UN-SCETDG-56-INF19e.pdf.
---------------------------------------------------------------------------
C. Part 173
Section 173.4b
Section 173.4b specifies the hazard criteria and packaging
requirements to qualify for the de minimis exception--i.e., exceptions
from certain HMR requirements for very minor amounts of hazardous
material. For non-infectious biological specimens that contain minor
amounts of preservatives that are a hazardous material, PHMSA is adding
a reference to formaldehyde solution in paragraphs (b)(1)(i) and
(b)(1)(ii) to clarify that the conditions for packing of the specimens
applies to formaldehyde solution too. Currently, paragraph (b) excepts
non-infectious biological specimens, such as those of mammals, birds,
amphibians, reptiles, fish, insects, and other invertebrates,
containing small quantities of chemical preservatives like ethanol or
formaldehyde solution from the HMR, provided certain conditions are
met. For example, paragraph (b)(1) provides instruction for when
alcohol or an alcohol solution is used, such as when a specimen is
placed in a plastic bag, that any free liquid in the bag must not
exceed 30 mL. The ICAO Technical Instructions include a similar
instruction, yet during a review of the
[[Page 25450]]
ICAO Technical Instructions, the ICAO DGP noted that the exception does
not address when formaldehyde solutions are used as preservatives for
specimens; thus, there was no specified limit on the amount of free
liquid formaldehyde solution that may be in a packaging. Consequently,
the 2023-2024 ICAO Technical Instructions include an amendment to the
de minimis provisions to specify limits for formaldehyde solutions.
PHMSA agrees with this clarifying amendment and expects that adopting a
similar change will enhance safety by removing uncertainty about
whether the quantity limits also apply to formaldehyde solutions. PHMSA
received a comment from the MDTC in support of this revision.
Section 173.21
Section 173.21 describes situations in which offering for transport
or transportation of certain materials or packages is forbidden.
Examples of such forbidden shipments include materials designated as
``Forbidden'' in Column (3) of the HMT; electrical devices that are
likely to generate sparks and/or a dangerous amount of heat; and
materials that are likely to decompose or polymerize and generate
dangerous quantities of heat or gas during decomposition or
polymerization. This last group of materials is addressed in paragraph
(f) of this section, which outlines the conditions under which
materials that are likely to decompose or polymerize unless stabilized
or inhibited in some manner (e.g., with temperature controls or
chemical stabilization) are authorized for transport.
PHMSA is lowering the temperature threshold for certain materials
transported in portable tanks that require temperature control.
Specifically, this amendment lowers this threshold temperature for a
material that is likely to decompose with a self-accelerated
decomposition temperature (SADT), or polymerize with a self-accelerated
polymerization temperature (SAPT) from 50 [deg]C (122 [deg]F) to 45
[deg]C (113 [deg]F) when transported in portable tanks. This means that
portable tanks containing materials likely to decompose or polymerize
at temperatures greater than 45 [deg]C are not required to be
stabilized or inhibited by temperature control. In an earlier
rulemaking, HM-215N, PHMSA gave notice that at that time, it would not
adopt reductions in temperature thresholds for shipments in portable
tanks, and maintained a 50 [deg]C (122 [deg]F) threshold for requiring
temperature control to allow for additional time to conduct research on
the impacts of such a change and to allow additional time to fully
consider the issue. However, PHMSA-sponsored research, which was
completed in February 2021 by APT Research, Inc. (APT),\23\ has
informed our revisions in this final rule. That research aimed to
gather more information concerning temperature control of polymerizing
substances in portable tanks, and testing requirements for these
substances intended to be transported in portable tanks or intermediate
bulk containers (IBCs), as these two areas of safety controls in the
HMR differed from those adopted in the international consensus
standards and regulations. The report following research conducted by
APT noted that ``relaxing the temperature control requirements as
proposed by HM-215N is assessed to be an appropriate approach since it
will harmonize U.S. regulations with international requirements and no
additional hazards were identified for any common polymers during
transport. Polymers in industry with SAPTs approaching 45 [deg]C or 50
[deg]C were found to be uncommon.'' PHMSA agrees with this assessment
and is lowering this temperature threshold at which temperature control
is required for portable tanks containing a material that is likely to
decompose with a SADT, or polymerize with a SAPT from 50 [deg]C (122
[deg]F) or less to 45 [deg]C (113 [deg]F) or less. Although the APT
research focused on polymerizing materials, PHMSA believes decomposing
materials behave similarly and has opted to apply the change to both
material types. PHMSA believes this amendment will help facilitate
international transportation of these goods while maintaining the high
standard of safety in the HMR for transportation of decomposing and
polymerizing materials. To that end, PHMSA also is amending the table
in paragraph (f)(1) to accommodate the specific temperature controls
applicable to decomposing and polymerizing substances transported in
portable tanks. This amendment aligns the HMR with temperature
thresholds for substances with SADTs and SAPTs transported in portable
tanks with those found in the UN Model Regulations and the IMDG Code.
Further, based on this change specific to use of portable tanks, PHMSA
is revising the table in paragraph (f)(1) to include packaging type as
a factor in determining the criteria for control temperatures and
emergency temperatures. Lastly, PHMSA is amending paragraph (f) to
provide a reference to the lower threshold of 45 [deg]C (113 [deg]F)
for portable tanks and include a reference to language concerning
organic peroxides that require temperature control. Paragraph (f)(2) is
revised to (f)(2)(i)-(iii) to indicate general temperature control
requirements for organic peroxides by type. These requirements are
consistent with the UN Model Regulations and ensure that appropriate
temperature control provisions are applied to organic peroxides not
specifically listed in the Organic Peroxide Table in Sec. 173.225.
DGAC and Dow Chemical provided comments in support of this revision.
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\23\ Report can be accessed in Docket No. PHMSA-2021-0092 on
www.regulations.gov.
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Additionally, to fully adopt these changes, PHMSA is removing the
phaseout language currently found in (f)(1)(i), which states that the
provisions concerning polymerizing substances in paragraph (f) will be
effective until January 2, 2023. Finally, based on results of the
research, PHMSA is maintaining the current defining criteria for
polymerizing substances in Sec. 173.124, that a polymerizing substance
must successfully pass the UN Test Series E at the ``None'' or ``Low''
level, or achieve equivalent criteria using an alternative test method
with the approval of the Associate Administrator, prior to selection of
an appropriate portable tank or IBC. Dow chemical and DGAC provided
comments in support of this proposal.
Section 173.27
Section 173.27 outlines general requirements for transportation by
aircraft, including requirements and limitations for hazardous
materials transported in limited quantities. Currently, the provisions
for combination packagings in paragraph (f)(2) specify that materials
or articles not authorized as a limited quantity for transportation by
aircraft include all PG I materials; self-reactive flammable solids in
Division 4.1; spontaneously combustible materials in Division 4.2; and
liquids that are dangerous when wet in Division 4.3. The ICAO Technical
Instructions included similar language for Division 4.1 materials by
allowing non-self-reactive Division 4.1 materials assigned to PG II or
PG III to be transported as limited quantities. However, the ICAO DGP
identified a conflict with limited quantity provisions in the ICAO
Technical Instructions and the limited quantity provisions in the UN
Model Regulations pertaining to four Division 4.1 material, assigned PG
II: ``UN 2555, Nitrocellulose with water with not less than 25 percent
water by mass;'' ``UN 2556, Nitrocellulose with alcohol with not less
than 25 percent alcohol by mass, and with not more than 12.6
[[Page 25451]]
percent nitrogen, by dry mass;'' ``UN 2557, Nitrocellulose, with not
more than 12.6 percent nitrogen, by dry mass mixture with or without
plasticizer, with or without pigment;'' and ``UN 2907, Isosorbide
dinitrate mixture with not less than 60 percent lactose, mannose,
starch or calcium hydrogen phosphate.'' Despite not being defined as
self-reactive, the UN Model Regulations have never included these
specific Division 4.1 flammable solid materials for transport as
limited quantities. The ICAO Technical Instructions were amended for
consistency with the UN Model Regulations to clearly indicate that the
transport of these four PG II materials in Division 4.1 are not
authorized for transportation by aircraft as limited quantities. PHMSA
received a comment from Dangerous Goods Advisor noting that the
inclusion of UN 2555, UN 2556, UN 2557, and UN 2907 in Sec.
173.27(f)(2)(i)(D) seems unnecessary and could downplay the additional
inapplicability to the other 30 desensitized explosives listed in the
HMT. After reviewing the list of the other desensitized explosives,
PHMSA determined that all 30 other desensitized explosives entries are
PG I materials in the HMT. PG I materials are already excluded from the
limited quantities section in Sec. 173.27(f)(2)(i)(A). While PHMSA
understands that listing the UN numbers in Sec. 173.27(f)(2)(i)(D) is
somewhat redundant with removing the reference to Sec. 173.151 for the
relevant UN number in the HMT, PHMSA asserts that listing the UN number
in Sec. 173.27 provides reinforcing information that these PG II
desensitized explosives are not eligible to be shipped as limited
quantities. PHMSA is adding language in Sec. 173.27(f)(2)(i)(D) to
explicitly include the UN identification numbers for these materials,
indicating that these materials may not be transported as limited
quantities by aircraft. PHMSA expects this change will add an
additional level of safety by correcting this packaging provision,
which has been inconsistent with those in place for materials that pose
similar hazards.
Section 173.124
Section 173.124 outlines defining criteria for Divisions 4.1
(Flammable solid), 4.2 (Spontaneously combustible), and 4.3 (Dangerous
when wet material). In an earlier rulemaking, PHMSA placed phaseout
dates on the HMR provisions concerning transport provisions for
polymerizing substances to allow time for the completion of research on
various topics concerning their transport, and to gather and review
empirical evidence concerning the appropriate transport provisions for
polymerizing substances. In line with other amendments in this final
rule for the transport of polymerizing substances, PHMSA is removing
paragraph (a)(4)(iv), which has the phaseout date of January 2, 2023.
The result of this amendment will be to remove the phaseout date and
keep the existing requirements--as outlined in paragraph (a)(4)--
effective beyond the January 2, 2023, date.
Section 173.137
Section 173.137 prescribes the requirements for assigning a packing
group to Class 8 (corrosive) materials. PHMSA is authorizing the use of
an additional test method, Test No. 439, ``In Vitro Skin Irritation:
Reconstructed Human Epidermis Test Method,'' as well as editorial
changes to this section to provide clarity regarding the use of the
authorized OECD Guidelines for the Testing of Chemicals.
Currently, the HMR requires offerors to classify Class 8 materials
and assign a packing group based on tests performed in accordance with
various OECD Guidelines for the Testing of Chemicals (TG), including a
skin corrosion test (in vivo) and various in vitro testing guidelines
that do not involve animal testing. Data obtained from the currently
authorized test guidelines is the only data acceptable for
classification and assignment of a packing group. Specifically for PG
I, II, or III determinations, the HMR authorizes the use of OECD
Guidelines for the Testing of Chemicals, Test No. 435, ``In Vitro
Membrane Barrier Test Method for Skin Corrosion,'' and Test No. 404,
``Acute Dermal Irritation/Corrosion'' (an in vivo test method). The HMR
also authorizes the use of OECD Test No. 430, ``In Vitro Skin
Corrosion: Transcutaneous Electrical Resistance Test (TER),'' and Test
No. 431, ``In Vitro Skin Corrosion: Reconstructed Human Epidermis (RHE)
Test Method;'' however, the scope of what these tests can determine is
limited. For that reason, Test No. 430 is authorized for use only to
determine whether a material is corrosive or not; materials that are
determined to be corrosive using this test require additional testing
using Test Nos. 435 or 404 or assignment to the most conservative
packing group, PG I. Similarly, Test No. 431 may also be used to
determine whether or not a material is corrosive; however; while this
can identify when a corrosive must be assigned PG I, it cannot
differentiate between PG II and III materials. Consistent with the UN
Model Regulations, when this method does not clearly distinguish
between PG II or PG III, the HMR allows the material to be transported
as PGII without further in vivo testing. Consistent with changes made
to the 22nd revised edition of the UN Model Regulations, PHMSA is
authorizing an additional TG, OECD Test No. 439, ``In Vitro Skin
Irritation: Reconstructed Human Epidermis Test Method,'' as an
authorized test, which may be used to exclude a material from
classification as a corrosive material. Test No. 439 was adopted in the
UN Model Regulations because it provides another means of testing,
without the use of live animals, that can easily identify materials as
non-corrosive. However, while Test No. 439 may be used for the hazard
identification of irritant chemicals, it is limited in that it simply
allows materials to be identified as either corrosive or non-corrosive
to skin. Because this test method only identifies the material as
corrosive or not, the UN Model Regulations added an additional
provision requiring that materials, which are tested using Test No. 439
and indicate corrosivity, must be assigned to the most conservative PG
(i.e., PG I), unless additional tests are performed to provide more
specific data that can be used to assign a less conservative PG. The
addition of Test No. 439 as an authorized test method will provide
greater flexibility for shippers to classify, package, and transport
corrosive material, while maintaining the HMR safety standard for
transport of corrosive materials.
With regard to the editorial changes in this section, PHMSA is
amending the text of this section to provide clarity regarding the
authorized OECD Testing of Chemicals. Additionally, PHMSA is amending
the last paragraph of the introductory text, which currently states
that assignment to packing groups I through III must be made based on
data obtained from tests conducted in accordance with OECD Guideline
Number 404 or Number 435 in order to remove the reference to Test No.
435. Since its update in 2015, the criteria for packing group
assignments in Test No. 435 are no longer the same as the criteria for
Test Guideline 404. PHMSA expects that these amendments will enhance
safety by providing clarity regarding the proper testing and assignment
of packing groups, and promote efficiency by streamlining the
assignment of packing groups.
Section 173.151
Section 173.151 contains exceptions for Class 4 hazardous
materials. In the NPRM, PHMSA proposed to add ``151'' to column 8a of
the HMT for ``UN 3148, Water-reactive liquid, n.o.s.'' However, Sec.
173.151(d) currently only refers to
[[Page 25452]]
Division 4.3 ``solid'' dangerous when wet materials, which is
contradictory to the liquid state of UN 3148. In this final rule, PHMSA
is making an editorial revision to Sec. 173.151(d), which currently
contains only the words ``solids'' to describe Division 4.3 (self-
reactive) materials. PHMSA is revising this paragraph to include
``solids'' and ``liquids'' to accurately reflect that Division 4.3
materials could be either in a solid or liquid state.
Section 173.167
Section 173.167 contains the packaging instructions and exceptions
for ``ID8000, Consumer commodities.'' The ID8000 entry was added to the
HMR in final rule HM-215K,\24\ with the intent of aligning the HMR with
the ICAO Technical Instructions for the air transportation of limited
quantities of a consumer commodity material. Based on inquiries from
shippers and carriers, PHMSA understands that confusion exists
regarding the requirements for hazard communication and the ability to
withstand pressure differential for packages of a ``ID8000, Consumer
commodity'' material when moved by modes other than air. In 2012 and
2017, PHMSA issued letters of interpretation regarding the
applicability and hazard communication requirements for ID8000
shipments.\25\ Both of these letters of interpretation recognized that
ID8000 shipments are inherently ``limited quantity'' and provided the
opinion that for transportation by highway, rail, and vessel, ID8000
packages could be marked with the standard marking found in Sec.
172.315(a)(1) (i.e., limited quantity mark without the ``Y''). In 2022,
PHMSA received a petition for rulemaking, designated P-1762,\26\ from
the Council on the Safe Transportation of Hazardous Articles (COSTHA)
relating to ID8000. In its petition, COSTHA requested that PHMSA revise
Sec. 173.167 to make it clear that packages prepared under this
section may be offered for transportation and transported by all modes.
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\24\ 76 FR 3307 (Jan. 19, 2011).
\25\ Ref. No. 11-0090 (May 3. 2012); Ref. No. 16-0075 (Jan. 9,
2016).
\26\ https://www.regulations.gov/document/PHMSA-2022-0007-0001.
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In consideration of P-1762 and consistent with these letters of
interpretation regarding the requirements for ID8000 shipments, PHMSA
is revising the requirements in Sec. 173.167 for ``ID8000, Consumer
commodity'' materials. The intent of this revision is to clearly
address requirements for all modes of transportation, while continuing
to recognize that the history and intent of the ``ID8000, Consumer
commodity'' entry is closely tied to the ICAO Technical Instructions
and air transportation.
First, PHMSA is making editorial revisions to the title of the
section and introductory language in paragraph (a). PHMSA is renaming
the section ``ID8000 Consumer commodity'' to distinguish this section
from the historical ``ORM-D, Consumer commodity'' HMT entry and an
exception that ceased to be effective on December 31, 2020. PHMSA
purposely phased out the ``ORM-D, Consumer commodity'' classification
and description to remove the dual system of shipping certain limited
quantities domestically and internationally, as it was a source of
confusion.
PHMSA acknowledges that there may be circumstances where persons
need to transport ID8000 packages between locations--e.g., to a
warehouse for consolidation, etc.--without needing or using air
transportation. Therefore, PHMSA recognizes the need to not only
accommodate that portion of transport but also provide assurances that
any ID8000 package is appropriately prepared for air transportation,
regardless of whether air transportation is actually used. PHMSA is
clarifying that ID8000 material is inherently a limited quantity by
adding the phrase ``limited quantity'' to the Sec. 173.167(a)
introductory text. Finally, PHMSA is removing the phrase ``when offered
for transportation by aircraft'' from the introductory language in
paragraph (a) and restructuring the existing first sentence of the
section into two separate statements. This revision is intended to
clarify that the materials and quantities listed in this section may be
transported by all modes, and to clarify that only the materials listed
in paragraph (a) are eligible to be transported as ``ID8000, Consumer
commodity.''
More significantly, PHMSA is revising the structure of the section
by moving the two requirements in the currently effective language of
paragraph (b)--applicable only to air transportation--to new
subparagraphs (6) and (7) of paragraph (a). This will require all
ID8000 packages to be subject to the limited quantity marking
requirements of Sec. 172.315(b) (i.e., require use of the ``Y''
limited quantity marking) and other markings required by part 172
subpart D, including marking of the ID number and PSN. This revision
will also require compliance with the Sec. 173.27(c) pressure
differential requirement for transportation by all modes. The intent of
this revision is two-fold:
1. Provide clarity to shippers on the hazard communication and
pressure differential requirements for all shipments of ``ID8000,
Consumer commodity'' packages.
2. Ensure that ``ID8000, Consumer commodity'' packages--wherever
they are in the transportation stream--meet the requirements for air
transportation.
However, while required in paragraph (a), PHMSA is adding a new
paragraph (b) to provide exceptions to ID8000 packages for shipping
papers and labels when transported by highway and rail. These
exceptions were previously in the introductory language to paragraph
(a). PHMSA is also providing a new labeling exception for ID8000
packages transported by vessel, which aligns with the labeling
exception provided to limited quantity packages transported by vessel.
PHMSA reminds shippers that packages shipped under this section are
still subject to the marking requirement (i.e., require the limited
quantity marking). PHMSA received comments from COSTHA and the MDTC in
support of this revision.
In addition to the revisions to Sec. 173.167 requested in P-1762
discussed above, COSTHA submitted petition P-1761 \27\ with additional
requests. Specifically, in P-1761, COSTHA requested that PHMSA add a
reference to Sec. 173.167 in the sections that outline limited
quantity exceptions for Class 3, PG II and III (Sec. 173.150), UN3175
(Sec. 173.151), Division 6.1 PG III (Sec. 173.153), UN3077, UN3082,
UN3334 and UN3335 (Sec. 173.155), and Class 2 non-toxic aerosols
(Sec. 173.306). PHMSA did not propose these revisions in the NPRM.
PHMSA received comments from COSTHA reiterating their petition that
PHMSA modify the limited quantity sections listed above to reference
Sec. 173.167. PHMSA asserts that ID8000 is a specialized exception,
designed only for a small subset of materials, and the materials are
subject to stringent packaging requirements. PHMSA reiterates that
adding a reference to Sec. 173.167 to the limited quantity exception
sections listed above will create confusion for shippers by referencing
an exception that most may not be able to adequately meet. All the
materials and quantities authorized in Sec. 173.167 may be transported
as limited quantities by all modes. For the vast majority of hazardous
material shippers who offer these materials in these small quantities,
utilizing the limited quantity exception specific to the commodity
(e.g., not utilizing Sec. 173.167) is the most appropriate and
simplest option.
[[Page 25453]]
PHMSA reiterates that if shippers, carriers, or other entities involved
in the transportation of hazardous materials are uncertain what marking
requirements apply to a limited quantity shipment, it could mean that
their training programs are inadequate and may need to be reviewed.
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\27\ https://www.regulations.gov/document/PHMSA-2022-0006-0001.
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Section 173.185
Section 173.185 prescribes requirements for the transportation of
lithium cells and batteries. PHMSA is making numerous changes to this
section as follows.
Paragraph (a) classification revisions: Paragraph (a) provides
general classification provisions, which include requirements for
manufacturers and subsequent distributers of lithium cells and
batteries to provide others in the supply chain a test summary of the
battery, which contains information regarding the cells and batteries.
PHMSA received a comment from PRBA and MDTC noting that a small, but
important amendment to the UN38.3 Test Summary is included in the UN
Manual of Tests and Criteria, Seventh Revised Edition, Amendment 1,
which was adopted in December 2020. PRBA notes that this amendment was
based on a proposal filed with the UN Sub-Committee of Experts on the
Transport of Dangerous Goods by PRBA and their counterpart in Europe.
The amendment removes the signature requirement in the test summary
document, which is currently found in Sec. 173.185(a)(3)(x). This
provision currently states: ``Signature with name and title of
signatory as an indication of the validity of information provided.''
PRBA notes that PHMSA proposed to incorporate by reference in Sec.
171.7 the UN Manual of Tests and Criteria, Seventh Revised Edition,
Amendment 1, but did not include this proposed change to the Test
Summary document in Sec. 173.185 of the HMR. In its comments, PRBA and
MDTC requested that PHMSA amend Sec. 173.185(a)(3)(x) to make it clear
that a signature is not required on the test summary document. PHMSA
concurs with the MDTC and PRBA comments that the revision was
inadvertently left out of the NPRM, and as such PHMSA is revising Sec.
173.185(a)(3)(x) to require the test summary indicate the name and
title of a responsible person. A signature would no longer be required.
Additionally, PHMSA is amending paragraph (a)(3) to except button
cell batteries installed in equipment (including circuit boards) from
these test summary requirements. This amendment will give shippers of
traditionally less regulated products, such as wrist watches and key
fobs, an exception from the need to maintain a test summary document.
PHMSA received a comment from ALPA opposing the amendment to except
button cells installed in equipment from the test summary document
requirement. ALPA stated in its comments that experimental data was
presented at the ICAO DGP working group showing that button cells
installed in electronic devices initiated fires when short circuiting.
PHMSA appreciates ALPA's perspective on this issue; however, button
cell batteries have inherent limitations on their energy capacity and
content. This self-limiting design helps mitigate potential risks if
the batteries are misused or damaged. PHMSA asserts that the HMR
appropriately addresses the hazards associated with these types of
batteries. PHMSA also notes that this revision in no way relieves
button cells from the design testing requirements; it merely excepts
the button cells from the requirement to create and distribute a test
summary document. Additionally, COSTHA, DGAC, MDTC, and PRBA all
provided comments in support of this proposal as written. Therefore,
PHMSA finds that this amendment maintains the safety standard for the
transportation of lithium batteries consistent with the exceptions for
smaller cells or batteries found in Sec. Sec. 173.185(c)(2) and (c)(3)
as currently button cell batteries are excepted from the packing
requirement to use a strong, rigid outer package, provided the battery
is sufficiently protected by the equipment in which it is contained,
and the lithium battery marking requirements, respectively. Further,
PHMSA is making an editorial amendment by deleting the onset date in
paragraph (a)(3) as January 1, 2022, has passed, and the paragraph now
applies generally.
Additionally, PHMSA is adding a new paragraph (a)(5) to require
marking the outer casing of lithium ion batteries with the Watt-hour
(Wh) rating. This is consistent with the provisions for smaller lithium
ion batteries in Sec. 173.185(c)(1)(i), which require that ``each
lithium ion battery subject to this provision must be marked with the
Watt-hour rating on the outside case.'' PHMSA added this provision to
the HMR in HM-224F.\28\ While the requirement was added to the HMR for
smaller lithium ion batteries (as a condition for use of an exception),
no similar provision was added for other lithium ion batteries (i.e.,
those not offered in accordance with, or eligible for, the paragraph
(c) exceptions). However, upon review, PHMSA noted that the
international regulations generally require the marking of the Wh
rating on the outside of the casing. Specifically, this is required in
accordance with Special Provision 348 of the UN Model Regulations;
Special Provision 188 of the IMDG Code; Section IA.2 of Packing
Instruction 965 (for UN3480); and Section I.2 of Packing Instruction
966 (for UN3481) and 967 (for UN3481) of the ICAO Technical
Instructions. PHMSA expects that this amendment will improve safety, as
the marking of the Wh rating on the outer casing of a lithium ion
battery assists a shipper in better understanding the energy capacity
of the battery, and thus, ensures compliance with hazard communication
and packing provisions associated with Wh limitations.
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\28\ 79 FR 46011 (Aug. 6, 2014).
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MDTC and PRBA provided comments noting that the UN Model
Regulations, ICAO Technical Instructions, and IMDG Code are clear that
the Wh rating is only required on lithium-ion batteries and not
lithium-ion cells, which PHMSA originally proposed. MDTC and PRBA
conclude that it would be impractical to require the Wh marking on very
small cells like those used in medical devices and small consumer
devices (e.g., smart glasses and ear buds). PRBA and MDTC request
confirmation from PHMSA that it was not the Agency's intent to require
the marking on lithium ion cells. PHMSA concurs with the commenters and
is not adding lithium ion cells to the requirement in paragraph (a)(5).
PHMSA is clarifying in the final rule that the requirement to mark the
Wh rating only applies to lithium ion batteries and not lithium ion
cells. PHMSA also received a comment from COSTHA in support of this
revision.
Paragraph (b) packaging revisions: Section 173.185(b)(3) contains
packaging provisions for lithium cells or batteries packed with
equipment. Paragraph (b)(3)(iii) provides two authorized packaging
configurations for lithium cells and batteries packed with equipment.
Specifically, it permits lithium cells and batteries, when packed with
equipment, to be placed in: (1) inner packagings that completely
enclose the cell or battery, then placed in an outer packaging; or (2)
inner packagings that completely enclose the cell or battery, then
placed with equipment in a package that meets the PG II performance
requirements as specified in paragraph Sec. 173.185(b)(3)(ii). The
intent of the first option provided in paragraph (b)(3)(iii)(A) is to
permit packing only the cells or batteries in a UN specification
packaging, and then place this packaging with the equipment, for
[[Page 25454]]
which the batteries are intended, in a non-UN specification outer
packaging. The intent for the second option provided in paragraph
(b)(3)(iii)(B) is to pack both the cells or batteries and the equipment
in a UN specification outer packaging. In a working paper submitted at
the ICAO 2020 Working Group Meeting, it was noted that the actual text
for the two options was not clear. Specifically, paragraph
(b)(3)(iii)(A) does not clearly state that the specification packaging
containing the cells or batteries is then packed with the equipment
into a non-specification outer packaging. Consistent with the
clarifying revision in the ICAO Technical Instructions, and to align
more closely with the text in packing instruction P903 of the UN Model
Regulations, PHMSA is revising paragraph (b)(3)(iii)(A) by clearly
indicating that the cells or batteries must be placed in a
specification package of a type that meets PG II performance
requirements and then placed together with the equipment in a strong,
rigid outer non-specification packaging. For additional clarity, PHMSA
also is revising paragraph (b)(3)(iii)(B) by replacing the text
``package'' with the phrase ``packaging of a type'' when referring to
the specification package meeting the PG II performance requirements.
PHMSA received a comment from COSTHA in support of this revision.
PHMSA is adding a new paragraph (b)(3)(iii)(C) to include a
limitation for the number of cells or batteries in the package, when
transported by air. This is consistent with the provisions for smaller
cells or batteries found in Sec. 173.185(c)(4)(i)--as revised in this
final rule--which currently requires that for smaller cells or
batteries contained in or packed with equipment and shipped by
aircraft, the number allowed in each package is limited to the number
required to power the piece of equipment, plus two spare sets. The
original provision limiting the number in each packaging was added in
HM-224F but did not apply to fully regulated shipments.
However, PHMSA notes that the limitation on the number of cells or
batteries allowed in a package should have also applied to fully
regulated shipments of lithium batteries packed with equipment,
consistent with Section I.2 of Packing Instruction 966 (for UN3481) and
Packing Instruction 969 (for UN3091) of the ICAO Technical
Instructions. PHMSA did not intend to limit the scope of this
requirement to just smaller cells or batteries, as a condition for the
exception from full regulation under paragraph (c), as this packaging
requirement is intended to limit the hazard of lithium battery
shipments in air transportation. Limiting the number of cells and
batteries allowed to be packaged with equipment reduces hazard risks
and increases safety.
Section 173.185(b)(4) contains packaging provisions for lithium
cells or batteries contained in equipment. Consistent with the ICAO
Technical Instructions, PHMSA is adding a new paragraph (b)(4)(iv)
clarifying that for transportation by aircraft, when multiple pieces of
equipment are packed in the same outer packaging, each piece of
equipment must be packed to prevent contact with other equipment. This
change is necessary because existing provisions in paragraph (b) could
be interpreted to only apply to an outer packaging containing a single
piece of equipment; however, an outer packaging may contain multiple
pieces of equipment. This provision will more clearly communicate that
for multiple pieces of equipment containing lithium cells or batteries
in the same outer packaging, the equipment must be packed to prevent
damage due to contact between the pieces of equipment. PHMSA received
comments from ALPA, PRBA, COSTHA, and MDBTC in support of this
revision.
Paragraph (c) exceptions for smaller cells or batteries revisions:
Section 173.185(c) provides exceptions for smaller cells or batteries.
Paragraph (c)(3) specifies requirements for the lithium battery mark.
In the NPRM, PHMSA proposed to remove the telephone number requirement
from the lithium battery mark with a phaseout date of December 31,
2026.
The intended use of the telephone number and its effectiveness was
discussed by the UNSCOE. Examples pointing to its ineffectiveness
include differences in time zones and languages between the origin and
destination of a shipment or intermediate transport point, and a lack
of clarity on the expected capability of the person responding to a
telephone call. The requirement to include a ``telephone number for
additional information'' was originally introduced in the 15th revised
edition of the UN Model Regulations. It was envisioned that the
telephone number would be for the consignor or other responsible
individual who could provide further information (e.g., appropriate
corrective actions should something be wrong with the package) beyond
the minimal information required to be indicated on the package. At
that time, there was minimal hazard communication and less awareness
than is currently provided for in the UN Model Regulations. The
consignor information can now be readily obtained through other means,
such as a bill of lading, shipping labels, or other paperwork, thereby
rendering the telephone number requirement as a piece of information on
the lithium battery mark effectively redundant. The resulting consensus
based on both the discussion and experience with transport of small
lithium batteries was that the telephone number adds little value, and
removing the telephone number requirement from the mark would not
reduce the effectiveness of the mark and therefore, not impact safety
of transportation. PHMSA received an anonymous comment stating that the
transition period authorizing continued use of the current lithium
battery mark should extend beyond December 31, 2026. The commenter
stated this transition period was decided on the premise that the
international harmonization final rule would be published before
January 1, 2023. As such, the anonymous commenter suggested that the
phaseout date for the lithium battery mark in Sec. 173.185(c)(3)
should be extended based on the publication date of the final rule.
PHMSA disagrees with the commenter that an extension is needed for the
phaseout of the revised lithium battery mark in Sec. 173.185(c)(3).
The phaseout date of December 31, 2026, for the old lithium battery
mark should still provide adequate time for entities to comply with the
revised marking and does not justify PHMSA not being harmonized with
the international regulations on this subject. Additionally, PHMSA
received a comment from COSTHA in support of keeping the transition
time the same as the international regulatory texts to facilitate
global harmonization for this transition. Therefore, PHMSA is revising
the lithium battery mark by removing the double asterisk from the
example figure and the corresponding requirement in paragraph
(c)(3)(i)(C) to replace the double asterisk with the telephone number.
PHMSA is setting a transition period authorizing the use of the current
lithium battery mark until December 31, 2026. ALPA, PRBA, and COSTHA
provided comments in support of this revision.
Paragraph (c)(4) contains provisions for exceptions for smaller
lithium cells and batteries offered by air transportation. PHMSA is
removing the exceptions applicable to small lithium cells and batteries
when they are not packed with or contained in equipment. This change
was also implemented on
[[Page 25455]]
January 1, 2022, by the International Air Transport Association (IATA),
and authorization for the exceptions for smaller lithium cells and
batteries were removed from Packing Instructions 965 and 968 in the
2023-2024 Edition of the ICAO Technical Instructions. The exceptions in
Sec. 173.185(c)(4) were originally developed to facilitate the global
transport of small lithium cells and batteries. However, these
exceptions removed many of the regulatory safeguards that provide for
the safe transport of lithium batteries, including requirements for air
operators to perform an acceptance check; information to be provided to
the pilot-in-command; and package hazard communication. Furthermore,
the exceptions for small lithium cells and batteries limit the ability
of air operators to conduct the necessary safety risk assessments. The
reduced hazard communication also increased the risk of small lithium
cells and battery packages restricted for transport on cargo-only
aircraft from being inadvertently loaded on a passenger aircraft. The
removal of these exceptions increases the visibility of these shipments
to operators who must perform an acceptance check to ensure proper
packaging and hazard communication and ensure the information regarding
the number and location of packages containing lithium batteries will
be provided to the pilot-in-command. The changes do not apply to the
exceptions for small lithium cells and batteries packed with or
contained in equipment. Specifically, PHMSA is removing the following
provisions:
Paragraph (c)(4)(i) including Table 1, which specifies the
number and net quantity of lithium batteries.
Paragraph (c)(4)(ii), which specifies the limitation of
one package per overpack.
Paragraph (c)(4)(iii), which specifies the limitation of
one package per consignment.
Paragraph (c)(4)(v), which specifies that offering
packages and overpacks to an operator must be done separately from
cargo not subject to the HMR.
Paragraph (c)(4)(viii), which limits packing cells and
batteries with certain types of hazardous materials in the same package
or overpack.
As a consequence, the remaining provisions in paragraph (c)(4)
applicable to lithium cells or batteries packed with, or contained in,
equipment will be reorganized and renumbered. The paragraph (c)(4)
introductory text is revised to read, ``Air transportation for smaller
lithium cell or batteries packed with, or contained in, equipment.''
Further, consistent with the ICAO Technical Instructions, paragraph
(c)(4)(ii), is revised to require that when placed into an overpack,
packages must be secured within the overpack, and the intended function
of each package must not be impaired by the overpack. The general
provisions for overpacks in Part 5, 1.1 of the ICAO Technical
Instructions require that packages must be secured within the overpack,
and that the intended function of the package must not be impaired by
the overpack. However, with the current construction of the provisions
for small cells or batteries in Packing Instructions 966, 967, 969, and
970, the general Part 5 overpack provisions do not apply, which could
lead to packages being unsecured or even damaged by being unrestrained
within an overpack. These overpack provisions from Part 5 were added to
the respective packing instructions to ensure protection against damage
of the packages and their contents; therefore, PHMSA is harmonizing
this change in Sec. 173.185(c)(4)(ii).
These amendments (i.e., hazard communication clarifications and
revisions to lithium battery requirements for consistency) maintain the
level of safety currently present in the HMR's high safety standard.
Safety benefits will also be derived from improved compliance related
to consistency amongst domestic and international regulations. PHMSA
received a comment from MDTC in support of this revision.
Section 173.185(c)(5), which corresponds to Packaging Instructions
965 and 968 in Section IB of the ICAO Technical Instructions, provides
an exception from specification packing requirements for smaller
lithium cells and batteries, not exceeding the size prescribed in
paragraph (c)(1) and subject to certain quantity limits. PHMSA is
revising the paragraph (c)(5) introductory text to, ``Air
transportation for smaller lithium cell and batteries.'' Combined with
the revision to the (c)(4) introductory text, this will assist users of
this section to understand that the requirements in this section apply
to smaller lithium cells and batteries transported by air. PHMSA is
also removing the references to paragraph (c)(4) limitations based on
their removal, as described above. Additionally, PHMSA is moving the
regulatory requirements of paragraph (c)(5) to a new paragraph
(c)(5)(i), based on the addition of new paragraph (c)(5)(ii). As
mentioned, PHMSA is adding a new paragraph (c)(5)(ii) to require
packages to be capable of withstanding a three-meter stack test for a
duration of 24 hours. Because lithium cells and batteries offered in
accordance with paragraph (c)(5) are excepted from the specification
package requirements, they are not presently subject to a stack test.
However, the general requirements for limited quantity packages by air
in Sec. 173.27(f)(2)(vi), which are also excepted from specification
packaging requirements, requires that each package be capable of
withstanding a three-meter stack test for a duration of 24 hours. In
considering the packaging standards between limited quantity packages
and those for smaller lithium cells and batteries, it was agreed by the
DGP that packages must be capable of withstanding a stack test, in
parallel with the requirement for limited quantity packages. PHMSA
agrees with introducing a stack test as a preventative safety measure
against potential damage to lithium battery packages from stacking of
packages and is including a stack test requirement in new paragraph
(c)(5)(ii). PHMSA received comments in response to the NPRM from PRBA,
COSTHA, and DGAC in support of this revision.
Lastly, consistent with corresponding revisions to international
standards, PHMSA is making editorial revisions in paragraphs (e)(6) and
(e)(7), where references to ``battery assemblies'' are removed and
replaced with the phrase ``cells and batteries,'' as used throughout
the section. Paragraph (a)(1) requires each lithium cell or battery to
be of the type proven to meet the criteria in part III, sub-section
38.3, of the UN Manual of Tests and Criteria. The 38.3.2.3 definition
for ``battery'' states that:
``. . . Units that are commonly referred to as ``battery packs,''
``modules'' or ``battery assemblies'' having the primary function of
providing a source of power to another piece of equipment are, for
the purposes of the Model Regulations and this Manual, treated as
batteries.''
Use of ``battery assemblies'' may be a source of confusion, as the
reader may understand it to have a separate meaning from ``battery,''
yet it is not specifically defined in the HMR. Further, based on the
above requirements to comply with the UN Manual of Tests and Criteria
and its associated meaning of ``battery assemblies,'' PHMSA considers
that the use of the term ``battery assemblies'' is redundant with the
term ``battery'' in the context of these transport requirements, and is
revising the text to reduce confusion of the provisions in these
paragraphs regarding applicability to the assembly or to the cells and
batteries contained within an assembly. PHMSA expects that the changes
to
[[Page 25456]]
Sec. 173.185 will provide clarity, thus enhancing the safety standard
in the HMR for transportation of lithium batteries. PHMSA received
comments in response to the NPRM from MDTC and COSTHA in support of
this revision.
Section 173.224
Section 173.224 establishes packaging, and control and emergency
temperatures for self-reactive materials. The Self-Reactive Materials
Table in paragraph (b) of this section specifies requirements for self-
reactive materials authorized for transportation that do not require
prior approval for transportation by the Associate Administrator for
Hazardous Materials Safety. As a result of new self-reactive materials
formulations becoming commercially available, the 22nd revised edition
of the UN Model Regulations includes updates to the list of specified
self-reactive materials authorized for transportation without prior
approval. To maintain consistency with the UN Model Regulations, PHMSA
is updating the Self-Reactive Materials Table by adding a new entry for
``(7-Methoxy-5-methyl-benzothiophen-2-yl) boronic acid.'' PHMSA also is
correcting the name of one of the listed self-reactive substances on
the self-reactive substances table. Currently, ``2-(N,N-
Methylaminoethylcarbonyl)-4-(3,4-dimethyl-phenylsulphonyl)benzene
diazonium zinc chloride'' is listed; however, this formulation name
should be ``2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-
dimethylphenylsulphonyl)benzenediazonium hydrogen sulphate.'' While
reviewing the self-reactive table in the UN Model Regulations and ICAO
Technical Instructions, PHMSA discovered that ``2-(N,N-
Methylaminoethylcarbonyl)-4-(3,4-dimethyl-phenylsulphonyl)benzene
diazonium zinc chloride'' does not appear in any other international
regulations but that ``2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-
dimethylphenylsulphonyl)benzenediazonium hydrogen sulphate'' does and
includes identical packaging provisions. PHMSA does not believe there
is any formulation called ``2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-
dimethyl-phenylsulphonyl)benzene diazonium zinc chloride'' that exists,
and that this entry as it appears is the result of an editorial error
in which two individual formulation names were inadvertently combined.
Therefore, PHMSA is correcting the name associated with this
formulation by removing the suffix ``benzene diazonium zinc chloride''
and replacing it with ``benzenediazonium hydrogen sulphate.''
In addition, PHMSA is assigning a new ``Note 6'' to this entry
among the list of notes following the table. ``Note 6'' will provide
concentration limits of water and organic impurities for this new self-
reactive material. PHMSA expects that adding provisions for the
transport of (7-Methoxy-5-methyl-benzothiophen-2-yl) boronic acid
formulations will facilitate its transport while maintaining the HMR's
safe standard for transportation of self-reactive hazardous materials.
PHMSA is also revising Sec. 173.224(b)(4). In a previous final
rule, HM-215O, PHMSA revised Sec. 173.224 to authorize self-reactive
materials to be transported and packed in accordance with packing
method OP8 where transport in IBCs or portable tanks is permitted in
accordance with Sec. 173.225, provided that the control and emergency
temperatures specified in the instructions are complied with. This
change allowed materials that are authorized in bulk packagings to also
be transported in appropriate non-bulk packagings. PHMSA is making an
editorial correction to a reference to the formulations listed in Sec.
173.225. In the course of adding this provision, PHMSA incorrectly
directed users to the Organic Peroxide IBC Table by referencing
173.225(f); however, the table is found in 173.225(e). Therefore, PHMSA
is correcting that sentence to refer to 173.225(e).
Section 173.225
Section 173.225 prescribes packaging requirements and other
provisions for organic peroxides. As a result of new peroxide
formulations becoming commercially available, the 22nd revised edition
of the UN Model Regulations includes updates to the list of identified
organic peroxides, which provides for formulations of these materials
that are authorized for transportation without prior approval. To
maintain consistency with the UN Model Regulations, PHMSA is updating
the Organic Peroxide Table in Sec. 173.225(c) by adding new entries
for ``tert-Butylperoxy isopropylcarbonate,'' ``tert-hexyl
peroxypivalate,'' and ``acetyl acetone peroxide,'' and identifying them
as ``UN3105, Organic peroxide type D, liquid;'' ``UN3117, Organic
peroxide type E, liquid, temperature controlled;'' and ``UN3107,
Organic peroxide type E, liquid,'' respectively. Additionally, PHMSA is
adding a ``Note 32'' following the table, in association with the new
entry for ``acetyl acetone peroxide,'' to indicate that the active
oxygen concentration for this formulation is limited to concentrations
of 4.15% active oxygen or less. PHMSA also is revising the Organic
Peroxide Portable Tank Table in paragraph (g) to maintain alignment
with the 22nd revised edition of UN Model Regulations by adding the new
formulation ``tert-Butyl hydroperoxide, not more than 56% with diluent
type B,'' identified by ``UN3109, Organic peroxide type F, liquid.''
This amendment will also include the addition of ``Note 2'' following
the table to specify that diluent type B is tert-Butyl alcohol. PHMSA
expects that adding provisions for the transport of these newly
available peroxide formulations will facilitate transportation of these
materials, while maintaining the HMR's safety standard for
transportation of organic peroxide hazardous materials.
Section 173.232
Section 173.232 outlines the packaging requirements for articles
containing hazardous materials. For the purposes of this section, an
``article'' means machinery, apparatus, or other device that contains
one or more hazardous materials--or residues thereof--that are an
integral element of the article, are necessary for its functioning, and
cannot be removed for the purpose of transport. Currently, these
articles are forbidden from transport on passenger and cargo-only
aircraft, as specified in column (9) of the HMT. However, the 2023-2024
ICAO Technical Instructions include new provisions permitting the
transport of certain articles containing hazardous materials aboard
passenger and cargo-only aircraft. These new provisions allow articles
described and classified as ``UN3548, Articles containing miscellaneous
dangerous goods, n.o.s., 9'' or ``UN 3538, Articles containing non-
flammable, non-toxic gas, n.o.s., 2.2'' to be transported by cargo-only
and passenger aircraft under certain conditions. PHMSA is making
changes consistent with those provisions by adding two new packaging
provisions in Sec. 173.232, in addition to the new special provisions
A224 and A225 discussed above in Section-by-Section Review of
amendments for Sec. 172.102. Specifically, PHMSA is specifying in
paragraph (h) that air transport is permitted for UN3548 when the
articles: (1) do not have an existing proper shipping name; (2) contain
only environmentally hazardous substances exceeding 5 L or 5 kg; and
(3) all other conditions of Sec. 173.232 are met. In a new paragraph
(h)(ii), the same requirements are added for articles transported under
UN3538, which: (1) do not have an existing proper shipping name; (2)
contain only
[[Page 25457]]
gases of Division 2.2 without a subsidiary hazard, except for
refrigerated liquefied gases and other gases that are forbidden for
transport on passenger aircraft, where the quantity of the Division 2.2
gas exceeds the quantity limits for UN 3363, as prescribed in Sec.
173.222; (3) the quantity of gas in the article does not exceed 75 kg
when transported by passenger aircraft or 150 kg when transported by
cargo-only aircraft; and (4) gas containing receptacles within the
article must meet the requirements of Part 173 and Part 175, as
appropriate., or meet a national or regionally recognized pressure
receptacle standard.
Additionally, both packaging provisions also permit the transport
of these articles, containing lithium cells or batteries, provided that
the batteries meet the requirements specified in Sec. 173.185(c). The
aim of these new provisions is to facilitate the transport of large
articles containing environmentally hazardous substances, such as
aircraft landing gear struts filled with hydraulic fluid, and large
articles containing a non-flammable, non-toxic gas, such as new types
of magnetic resonance imaging (MRI) scanners, which often contain
compressed helium, as well as lithium cells or batteries. As a
participant on the DGP, PHMSA expects that the packaging provisions
provide an appropriate level of safety to allow these items to be
transported by air and are appropriate for incorporation in the HMR.
Section 173.301b
Section 173.301b outlines additional general requirements when
shipping gases in UN pressure receptacles (e.g., cylinders). The 22nd
revised edition of the UN Model Regulations updated references of
several authorized standards for ensuring proper valve protection. In
order to maintain the current safety standard of the HMR for valve
protection and harmonization with the requirements for UN pressure
receptacles, PHMSA is also updating these references. Currently,
paragraph (c)(1) requires that quick release cylinder valves for
specification and type testing must conform to the requirements in ISO
17871:2015(E), ``Gas cylinders--Quick-release cylinder valves--
Specification and type testing.'' ISO 17871, in conjunction with ISO
10297 and ISO 14246, specifies design, type testing, marking,
manufacturing tests, and examination requirements for quick-release
cylinder valves, intended to be fitted to refillable transportable gas
cylinders and pressure drums, and tubes used to transport compressed or
liquefied gases or extinguishing agents charged with compressed gases
to be used for fire-extinguishing, explosion protection, and rescue
applications. As part of its regular review of its standards, ISO
updated and published the second edition of ISO 17871 as ISO
17871:2020(E). PHMSA is revising the valve requirements in this
paragraph to require quick release cylinder valves for specification
and type testing to conform to ISO 17871:2020(E). After December 31,
2026, conformance with ISO 17871:2015(E) will no longer be authorized
in the UN Model Regulations; therefore, for consistency, PHMSA is
adding a phaseout date of December 31, 2026, for continued conformance
with ISO 17871:2015(E). PHMSA clarified in the ``Section IV: Comment
Discussion'' section of this final rule that the phaseout date of
December 31, 2026, applies to the manufacturing of valves under ISO
17871:2015(E). Valves manufactured before December 31, 2026, would
still be authorized under the HMR. The second edition of this standard
broadens the scope to include quick release valves for pressure drums
and tubes, and specifically excludes the use of quick-release valves
with flammable gases. Other notable changes include the addition of the
valve burst test pressure; the deletion of the flame impingement test;
and the deletion of the internal leak tightness test at -40 [deg]C for
quick-release cylinder valves, used only for fixed firefighting systems
installed in buildings. PHMSA expects that updating the requirements
for conformance of UN pressure receptacles with this document will
maintain the HMR safety standard for these packagings, and facilitate
compliance with valve requirements domestically and internationally by
aligning the HMR with changes adopted in the 22nd revised edition of
the UN Model Regulations. PHMSA reviewed this edition as part of its
regular participation in the review of amendments for the UN Model
Regulations.
PHMSA also is revising paragraph (c)(2), which requires UN pressure
receptacles to have their valves protected from damage to prevent
unintentional release of the contents of the receptacles. Various
methods on how to achieve damage protection are provided, including
equipping the container with a valve cap or guard that conforms to ISO
11117:2008, ``Gas cylinders--Valve protection caps and guards--Design,
construction and tests'' and the Technical Corrigendum 1, a
complementary document to the standard. As part of its regular review
of its existing standards, in 2019, ISO published an updated version of
this standard, 11117:2019, which was adopted in the 22nd revised
edition of the UN Model Regulations as a permitted conformance standard
for valve protection. This document updates the 2008 version, currently
authorized in paragraphs (c)(2)(ii) and (c)(2)(iii). In accordance with
the UN Model Regulations, PHMSA also is authorizing the continued use
of ISO 11117:2008, in conjunction with the Technical Corrigendum, until
December 31, 2026. PHMSA clarified in the ``Section IV: Comment
Discussion'' section of this final rule that the phaseout date of
December 31, 2026, applies to the manufacturing of valve protection
caps under ISO 11117:2008. Valves manufactured before December 31,
2026, would still be authorized under the HMR. Similarly, for metal
hydride storage systems, damage protection of the valve must be
provided in accordance with ISO 16111:2008, ``Transportable gas storage
devices--Hydrogen absorbed in reversible metal hydride.'' As part of
its regular review of its existing standards, in 2018, ISO published an
updated version of this standard, which was adopted in the 22nd revised
edition of the UN Model Regulations as a permitted conformance standard
for valve protection. Therefore, to maintain alignment with the UN
Model Regulations' requirements for UN metal hydride storage systems,
PHMSA is updating the required standard for protection of valves to ISO
16111:2018 and including a phaseout date of December 31, 2026, for
continued use of valve guards conforming to valve protection standards
in ISO 16111:2008. PHMSA clarified in the ``Section IV: Comment
Discussion'' section of this final rule that the phaseout date of
December 31, 2026, applies to the manufacturing of valves under ISO
16111:2008. Valves manufactured before December 31, 2026, would still
be authorized under the HMR. PHMSA has reviewed the updated ISO
standards as part of its regular participation in the review of
amendments for the UN Model Regulations and has determined use of the
update ISO 16111 will maintain the HMR safety standard for protection
of valves used in UN metal hydride storage systems.
Paragraph (d) requires that when the use of a valve is prescribed,
the valve must conform to the requirements in ISO 11118:2015(E), ``Gas
cylinders--Non-refillable metallic gas cylinders--Specification and
test methods.'' ISO 11118:2015 specifies minimum requirements for the
material, design,
[[Page 25458]]
inspections, construction and workmanship, manufacturing processes, and
tests at manufacture of non-refillable metallic gas cylinders of
welded, brazed, or seamless construction for compressed and liquefied
gases, including the requirements for their non-refillable sealing
devices and their methods of testing. For consistency with the UN Model
Regulations, PHMSA is revising the valve conformance requirements to
include a reference to the 2019 amendment of ISO 11118, specifically,
ISO 11118:2015/Amd 1:2019, which ISO published as a supplement to ISO
11118:2015(E). This supplement corrects the references and numerous
typographical errors. The amendment also includes updates to the
marking requirements in the normative Annex A, which includes
clarifications, corrections, and new testing requirements.
Additionally, paragraph (d) currently indicates that the manufacture of
valves to ISO 13340:2001(E) is authorized until December 31, 2020.
Since this date has passed, PHMSA is removing reference to this expired
authorization.
Updating references to these documents will align the HMR with
changes adopted in the 22nd revised edition of the UN Model Regulations
pertaining to the design and construction of UN pressure drums. PHMSA
has reviewed this edition as part of its regular participation in the
review of amendments for the UN Model Regulations and does not expect
any degradation of safety standards in association with its use.
Lastly, paragraph (f) of this section requires that for the
transportation of hydrogen bearing gases, a steel UN pressure
receptacle bearing an ``H'' mark must be used. The ``H'' marking
indicates that the receptacle is compatible with hydrogen embrittling
gases. However, some hydrogen bearing gases may also be transported in
composite pressure receptacles with steel liners as provided in Sec.
173.311. Therefore, PHMSA is amending Sec. 173.301b(f) to clarify that
these compatibility provisions apply to steel UN cylinders as well as
composite pressure receptacles that include steel liners. PHMSA expects
that this amendment will add an additional level of safety by ensuring
that suitability of materials is considered when shippers opt to use
composite cylinders for the transport of hydrogen bearing gases.
Section 173.302b
In the NPRM, PHMSA proposed to add a new Special Provision 441,
assigning it to ``UN1045, Fluorine, compressed.'' As previously
discussed in ``Section IV: Comment Discussion'' section of this final
rule, PHMSA is moving the regulatory language from the proposed special
provision 441 into Sec. 173.302b(g). This new paragraph addresses gas
mixtures containing fluorine and inert gases in UN pressure receptacles
in accordance with changes adopted in the 22nd revised edition of the
UN Model Regulations. Specifically, this change provides latitude with
regard to the maximum allowable working pressure when fluorine is a
part of a mixture, which contains less reactive gases, such as
nitrogen, when the mixture is transported in UN pressure receptacles.
As a strongly oxidizing gas, pure fluorine requires specific safety
measures because it reacts spontaneously with many organic materials
and metals. Additionally, because of its reactive properties, the UN
Model Regulations limit the maximum allowable working pressure for pure
fluorine in cylinders to 30 bar; a minimum test pressure of 200 bar is
also required. However, prior to changes adopted in the 22nd revised
edition of the UN Model Regulations, there was no guidance on the
maximum allowable working pressure and minimum test pressure for
mixtures of gases that contain fluorine. Commercially, these mixtures
are often placed on the market and used in concentrations, which may
include as little as one percent fluorine combined with noble gases, or
10 to 20 percent fluorine mixed with nitrogen. Due to the lack of
specific provisions addressing fluorine gas mixtures, such mixtures
containing relatively inconsequential amounts of fluorine were subject
to the same requirements (restrictive maximum allowable working
pressures) as pure fluorine. Given that fluorine, in a mixture with
inert gases or nitrogen, is less reactive towards materials than pure
fluorine, the UNSCOE determined that gas mixtures containing less than
35% fluorine by volume should no longer be treated like pure fluorine
and may use a higher maximum allowable working pressure. The new
packing provision added in the 22nd revised edition of the UN Model
Regulations allows for pressure receptacles containing mixtures of
fluorine and inert gases (including nitrogen) to have higher working
pressures by allowing for consideration of the partial pressures
exerted by the other constituents in the mixture, rather than limiting
the pressure in the receptacle based on fluorine alone. Specifically,
the provision permits mixtures of fluorine and nitrogen with a fluorine
concentration below 35% by volume to be filled in pressure receptacles
up to a maximum allowable working pressure for which the partial
pressure of fluorine does not exceed 31 bar absolute. Additionally, for
mixtures of true inert gases and fluorine, where the concentration of
fluorine is below 35% by volume, pressure receptacles may be filled up
to a maximum allowable working pressure for which the partial pressure
of fluorine does not exceed 31 bar absolute, provided that when
calculating the partial pressure, the coefficient of nitrogen
equivalency is determined and accounted for in accordance with ISO
10156:2017. Finally, the newly added provision for these two types of
gas mixtures limits the working pressure to 200 bar or less, and
requires that the minimum test pressure of pressure receptacles for
these mixtures equals 1.5 times the working pressure or 200 bar, with
the greater value to be applied. While PHMSA is not adding similar
provisions for this type of mixture in DOT specification cylinders in
this rulemaking, PHMSA has evaluated the rationale and methods for
determining the pressure limits in UN pressure receptacles, and finds
that they provide an equivalent level of safety. For this reason, PHMSA
is adopting the packing instruction as drafted in the UN Model
Regulations as a new paragraph to Sec. 173.302b of the HMR.
Section 173.302c
Section 173.302c outlines additional requirements for the shipment
of adsorbed gases in UN pressure receptacles. Currently paragraph (k)
requires that filling of UN pressure receptacles with adsorbed gases be
performed in accordance with Annex A of ISO 11513:2011, ``Gas
cylinders--Refillable welded steel cylinders containing materials for
sub-atmospheric gas packaging (excluding acetylene)--Design,
construction, testing, use and periodic inspection.'' As part of its
periodic review and updates of standards, ISO has developed an updated
second edition (published in 2019). The updated ISO 11513 standard was
adopted in the 22nd revised edition of the UN Model Regulations for use
in cylinders filled with adsorbed gases. Similarly, PHMSA is requiring
use of Annex A of ISO 11513:2019. Specifically, this amendment will
require the use of the 2019 standard and provide a phaseout date for
continued use of the ISO 11513:2011 until December 31, 2024. Updating
references to this document will align the HMR with changes adopted in
the 22nd revised edition of the UN Model Regulations pertaining to the
shipment
[[Page 25459]]
of adsorbed gases in UN pressure receptacles. PHMSA has reviewed this
edition as part of its regular participation in the review of
amendments for the UN Model Regulations and does not expect any
degradation of safety standards in association with its use.
Section 173.311
Section 173.311 specifies requirements for transportable UN metal
hydride storage systems (UN3468) that are comprised of pressure
receptacles not exceeding 150 L (40 gallons) in water capacity, and
having a maximum developed pressure not exceeding 25 MPa (145 psi).
Currently, the HMR requires that these metal hydride storage systems be
designed, constructed, initially inspected, and tested in accordance
with ISO 16111:2008, ``Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride.'' However, the 22nd revised
edition of the UN Model Regulations updated references to this standard
to authorize the use of the updated 2018 version of ISO 16111, while
allowing the 2008 version to remain authorized for use until December
31, 2026. PHMSA clarified in the ``Section IV: Comment Discussion''
section of this final rule that the phaseout date of December 31, 2026,
applies to the manufacturing of cylinders under ISO 16111:2008.
Cylinders manufactured before December 31, 2026, would still be
authorized under the HMR. Therefore, for consistency with the
requirements for UN metal hydride storage systems, PHMSA is adopting
changes made in the 22nd revised edition of the UN Model Regulations to
authorize the use of ISO 16111:2018 and add a phaseout date of December
31, 2026, for continued use of ISO 16111:2008. PHMSA has reviewed this
edition as part of its regular participation in the review of
amendments for the UN Model Regulations and has determined the updated
edition of ISO 16111 will maintain the HMR safety standards for the
design, construction, initial inspection, and testing of UN metal
hydride storage systems.
D. Part 175
Section 175.1
Section 175.1 outlines the purpose, scope, and applicability of the
Part 175 requirements for the transport of hazardous materials by
aircraft. Specifically, these requirements are in addition to other
requirements contained in the HMR. The aircraft-level risk presented by
hazardous materials depends on several factors, such as the total
quantity and type, potential interactions, and existing risk mitigation
measures. When accepting hazardous materials for transportation by
aircraft, certain aircraft operators (i.e., air carriers) must also
comply with the Federal Aviation Administration (FAA) Safety Management
System (SMS) requirements in 14 CFR part 5--Safety Management Systems,
which impacts how operators comply with requirements of the HMR.
PHMSA is adding a new paragraph (e) to this sections that directs
14 CFR part 121 certificate holders to the FAA's requirements to have
an SMS in accordance with 14 CFR part 5. This action will not introduce
new regulatory burden, as the SMS requirements for Part 121 certificate
holders have been in place for several years. However, PHMSA expects
that adding a reference to these requirements in the HMR will provide
additional clarity for Part 121 aircraft operators, particularly with
SMS applicability to the acceptance and transport of hazardous
materials at the aircraft level. Finally, PHMSA notes that the FAA
Advisory Circular (AC) 120-121 \29\ provides information relating to
safety risk assessments (which is the process within the SMS composed
of describing the system, identifying the hazards, and analyzing,
assessing, and controlling risk) and potential mitigation strategies to
items in the aircraft cargo compartment. When using this document,
aircraft operators should refer to requisite ICAO documents; check the
FAA website for additional information on cargo safety and mitigations
relating to fire events; and consider safety enhancements developed and
promoted by industry groups.
---------------------------------------------------------------------------
\29\ https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_120-121.pdf.
---------------------------------------------------------------------------
Section 175.10
Section 175.10 specifies the conditions under which passengers,
crew members, or an air operator may carry hazardous materials aboard
an aircraft. Consistent with revisions to the ICAO Technical
Instructions, PHMSA is making revisions in paragraphs (a)(15) and
(a)(17) applicable to the carriage of wheelchairs or other mobility
aids powered by batteries. Specifically, in paragraphs (a)(15)(v)(A),
(a)(15)(vi)(A) and (a)(17)(ii)(C), which currently require that the
battery be securely attached to the wheelchair or mobility aid, PHMSA
is adding the supplemental requirement that the battery is also
adequately protected against damage by the design of the wheelchair or
mobility aid. The revisions will enhance the safe carriage of these
battery-powered items aboard passenger aircraft by requiring combined
measures of protection against damage and securement of the batteries.
Furthermore, the revisions will assist passengers traveling with
battery-powered wheelchairs or mobility aids by providing better
clarity on the required safety measures. Additionally, PHMSA is
revising introductory text to paragraphs (a)(14) and (a)(26) to
specifically state that each lithium battery must be of a type that
meets the requirements of the UN Manual of Tests and Criteria, Part
III, Subsection 38.3. Currently this requirement is outlined in every
other subparagraph under paragraph (a) pertaining to lithium batteries
but was inadvertently omitted in prior rulemakings for paragraphs
(a)(14) and (a)(26). In its comment to the NPRM, COSTHA notes that
PHMSA inadvertently left out the word ``lithium'' to clarify the
testing requirements in this section apply to lithium batteries. PHMSA
concurs with the COSTHA comment and is revising Sec. 175.10(a)(14) to
clarify that the testing requirements in this section only apply to
lithium powered batteries. Additionally, PHMSA received comments from
ALPA, MDTC, and PRBA in support of this proposal. Therefore, for
clarity and consistency with the ICAO Technical Instructions, PHMSA is
making this editorial change and expects it will improve safety by
ensuring it is understood that all lithium batteries transported under
the provisions of that paragraph are subject to UN testing.
PHMSA is revising paragraph (a)(18) regarding the carriage of
portable electronic devices (e.g., watches, cell phones, etc.).
Currently, the HMR allows these devices to be carried both in carry-on
baggage and checked baggage. However, this paragraph stipulates that
for lithium battery-powered devices carried in checked baggage, the
devices must be completely switched off (i.e., not in sleep or
hibernation mode). The requirement to turn off battery powered devices
was added in the ICAO Technical Instructions and the HMR as a result of
temporary security restrictions that prohibited the carriage of large
portable electronic devices in the cabin on certain flights. In
addition to the restriction of electronic devices in the aircraft
cabin, a requirement to turn off all devices powered by lithium
batteries when placed in checked baggage was added to prevent risks
from overheating in those devices that might remain
[[Page 25460]]
active when not powered off (e.g., laptops). This requirement to turn
devices off was applied to all devices powered by batteries or cells,
regardless of their size and level of risk, primarily to simplify the
regulations and facilitate its implementation. However, in light of the
need for passengers to carry active devices powered by small cells in
checked baggage (e.g., small tracking devices), PHMSA is providing some
conditional relief from this requirement for passengers and crew by
applying the provision to switch off the device to only those devices
powered by lithium metal batteries exceeding 0.3 grams lithium content
or lithium-ion batteries exceeding 2.7 Wh. This is consistent with
paragraph (a)(26), which allows baggage equipped with lithium batteries
to be carried as checked baggage if the batteries do not exceed 0.3
grams of lithium content or 2.7 Wh, respectively. Based on similar
battery size criteria in paragraph (a)(26), PHMSA does not expect a
reduction in safety of transporting lithium battery-powered devices
aboard passenger aircraft under the exception. Moreover, small lithium
battery-powered devices are not known or expected to create heat in the
same manner as portable electronic devices powered by much larger
batteries. PHMSA expects this amendment will avoid unnecessary
operational challenges for states, operators, and the travelling public
without compromising safety. In response to the NPRM, PHMSA received
comments from ALPA, COSTHA, MDTC, and PRBA in support of this revision.
Additionally, PHMSA is adding clarification in paragraph (a) that
the most appropriate exception from this section shall be selected when
hazardous materials are carried by aircraft passengers or crewmembers.
For example, paragraph (a)(19) specifies conditions for battery-powered
smoking devices such that a person cannot opt to follow the more
generalized portable electronic device conditions of paragraph (a)(18).
PHMSA expects this clarification will support the safe transport of
excepted hazardous materials by ensuring they will be transported in a
manner that is most appropriate for the hazard they may pose.
Finally, PHMSA is making a clarifying amendment to paragraph
(a)(26) regarding baggage equipped with lithium batteries. Oftentimes,
the baggage has built-in features that cannot be turned off, and the
intent of paragraph (a)(26) is that the devices are not required to be
turned off when the baggage is checked. Therefore, PHMSA is clarifying
paragraph (a)(26) to state plainly that, under the conditions allowing
baggage to be checked without removing the batteries, electronic
features of the baggage do not have to be switched off if the lithium
batteries meet the size limitations in paragraphs (a)(26)(i) and (ii).
In response to the NPRM, COSTHA was supportive of this revision but
proposes PHMSA add ``lithium'' to the sentence to clarify the
requirement is for lithium batteries, i.e., ``Each lithium battery must
be of a type which meets the requirements of each test in the UN Manual
of Tests and Criteria, Part III, Subsection 38.3 . . .'' PHMSA concurs
with COSTHA's comment and has revised paragraph (a)(26) as suggested.
Additionally, ALPA, MDTC, and PRBA provided comments in support of this
revision.
Section 175.33
Section 175.33 establishes requirements for shipping papers and for
the notification of the pilot-in-command when hazardous materials are
transported by aircraft. Currently, paragraph (a)(13)(iii)
conditionally excepts lithium batteries \30\ that are prepared in
accordance with the paragraph Sec. 173.185(c) exceptions for smaller
cells and batteries from the requirement to be included with the
information to be provided to the pilot-in-command. Since smaller
lithium cells and batteries that are not packed with or contained in
equipment (e.g., UN3480, Lithium ion batteries, and UN3090, Lithium
metal batteries) are no longer provided relief from hazard
communication requirements, such as shipping papers, PHMSA is making a
conforming change to this section to also remove the exception for
UN3480 and UN3090 from being excepted from the pilot-in-command
requirement. This revision maintains the HMR standard of hazard
communication for transportation of lithium cells and batteries by air.
In response to the NPRM, PHMSA received comments from COSTHA and MDTC
is support of this revision.
---------------------------------------------------------------------------
\30\ UN3480, Lithium-ion batteries, UN3481, Lithium-ion
batteries, contained in equipment or packed in equipment, UN3090,
Lithium metal batteries, and UN3091, Lithium metal batteries
contained in equipment or packed with equipment.
---------------------------------------------------------------------------
E. Part 178
Section 178.37
Section 178.37 outlines the construction requirements for DOT
specification 3AA and 3AAX seamless steel cylinders. As summarized in
the Section IV. Section-by-Section Review discussion of changes to
Sec. 171.7, PHMSA is incorporating by reference the revised third
edition (published in 2019) of ISO 9809-1, ``Gas cylinders--Design,
construction and testing of refillable seamless steel gas cylinders and
tubes--Part 1: Quenched and tempered steel cylinders and tubes with
tensile strength less than 1100 MPa.'' Currently, ISO 9809-1 is
referenced in Sec. 178.37 as an approved methodology by which to
perform bend tests, instead of the required flattening test specified
in paragraph (j). As currently written, paragraph (j) does not specify
which edition is authorized, yet multiple editions are incorporated by
reference in Sec. 171.7. PHMSA aims to make the requirement clearer by
authorizing use of the most current version of ISO 9809-1 only. PHMSA
reviewed the 2019 version and concludes that the bend test provisions
in the standard remain a suitable alternative for the flattening test
provisions of paragraph (j). This clarification will improve compliance
with the appropriate version of ISO 9809-1 and ensure an appropriate
level of safety.
Section 178.71
Section 178.71 prescribes specifications for UN pressure
receptacles. Several updates to referenced standards pertaining to the
design, construction, and maintenance of UN pressure receptacles were
added in the 22nd revised edition of the UN Model Regulations. To
maintain consistency with the UN Model Regulations, PHMSA is making
similar updates to those ISO standards incorporated by reference in
this section. In its comments to the NPRM, CGA suggests that PHMSA
consider using the current method of stating the applicability of older
editions of ISO standards that more specifically set the endpoint for
use of the standard to the manufacture of the cylinders. CGA adds that
using the word ``manufacture'' better aligns with the term ``applicable
for manufacture'' used throughout section 6.2.2 in the 22nd edition of
the UN Model Regulations. PHMSA agrees and is revising the language in
this section to better reflect the intent in the UN Model Regulations,
that the year of manufacture should be used to describe the phaseout of
these ISO standards.
Paragraph (f) outlines required conformance to ISO design and
construction standards, as applicable, for UN refillable welded
cylinders and UN pressure drums in addition to the general requirements
of the section. ISO 21172-1:2015, ``Gas cylinders--Welded steel
pressure drums up to 3,000 litres capacity for the transport of gases--
Design and construction--Part 1: Capacities up to 1,000 litres,'' is
[[Page 25461]]
currently included in paragraph (f)(4) and specifies the minimum
requirements for the material, design, fabrication, construction and
workmanship, inspection, and testing at manufacture of refillable
welded steel pressure drums of volumes up to 1,000 L (264 gallons). The
22nd revised edition of the UN Model Regulations includes an amendment
to ISO 21172:2015--ISO 21172-1:2015/Amd1:2018, ``Gas cylinders--Welded
steel pressure drums up to 3 000 litres capacity for the transport of
gases--Design and construction--Part 1: Capacities up to 1 000 litres--
Amendment 1.'' ISO 21172-1:2015/Amd1:2018 is a short supplemental
amendment to be used in conjunction with ISO 21172-1:2015. It removes
the restriction on use of UN pressure drums for transportation of
corrosive materials. In addition to adding a reference for use of this
supplemental document, the UN Model Regulations added a phase out date
of manufacture of December 31, 2026, until which ISO 21172-1:2015 UN
pressure drums may continue to be manufactured without the supplement.
Similarly, PHMSA is requiring conformance of UN pressure drums with ISO
21172 used in combination with the supplemental amendment, and adding a
phaseout date of December 31, 2026, for continued manufacture of UN
pressure drums in conformance with ISO 21172-1:2015 without the
supplemental amendment.
Additionally, PHMSA is revising paragraphs (g), (k), and (n), which
outline the design and construction requirements for UN refillable
seamless steel cylinders, UN acetylene cylinders, and UN cylinders for
the transportation of adsorbed gases, respectively. Currently this
section requires that these UN cylinders conform to the second edition
(published in 2010) of one or more of following ISO standards:
(1) ISO 9809-1:2010 ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa.''
(2) ISO 9809-2, ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1100 MPa.''
(3) ISO 9809-3, ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders.''
This series of ISO standards specifies minimum requirements for the
material, design, construction and workmanship, manufacturing
processes, examination, and testing at time of manufacture for
refillable seamless steel gas cylinders and tubes with water capacities
up to and including 450 L (119 gallons). PHMSA is modifying the design
and construction requirements for UN cylinders by authorizing the use
of the revised third edition of ISO 9809, Parts 1 through 3.
Additionally, PHMSA is adding a phaseout date of December 31, 2026, for
continued design, construction, and testing of UN cylinders conforming
to the second edition. Finally, PHMSA is removing reference to the
first edition of these standards as the authorized date (December 31,
2018) for continued manufacture in accordance with this edition has
expired. PHMSA has reviewed these updated standards as part of its
regular participation in the review of amendments for the UN Model
Regulations and expects their required use will maintain the HMR safety
standard for manufacture of UN cylinders.
Paragraph (i) outlines required conformance to ISO design and
construction standards for UN non-refillable metal cylinders. PHMSA is
removing reference to ISO 11118:1999 and adding a reference to a
supplemental amendment, ISO 11118:2015/Amd 1:2019. Current paragraph
(i) requires, in addition to the general requirements of the section,
conformance with ISO 11118:2015, ``Gas cylinders--Non-refillable
metallic gas cylinders--Specification and test methods.'' ISO
11118:2015 specifies minimum requirements for the material, design,
inspections, construction, workmanship, manufacturing processes, and
tests for manufacture of non-refillable metallic gas cylinders of
welded, brazed, or seamless construction for compressed and liquefied
gases, including the requirements for their non-refillable sealing
devices and their methods of testing. PHMSA is revising the valve
conformance requirements to include a reference to the 2019
supplemental amendment (ISO 11118:2015/Amd 1:2019), which ISO published
to be used in conjunction with an ISO 11118:2015. Additionally, PHMSA
is adding an end date of December 31, 2026, to the authorization to use
ISO 11118:2015 when not used in conjunction with the supplemental 2019
amendment, ISO 11118:2015 +Amd.1:2019. This supplemental amendment
corrects the identity of referenced clauses and corrects numerous
typographical errors. PHMSA has reviewed this supplemental amendment as
part of its regular participation in the review of amendments for the
UN Model Regulations and does not expect any degradation of safety
standards in association with the use of these two documents.
Paragraph (m) outlines required conformance to ISO standards for
the design and construction requirements of UN metal hydride storage
systems. Currently this paragraph requires that metal hydride storage
systems conform to ISO 16111:2008, ``Transportable gas storage
devices--Hydrogen absorbed in reversible metal hydride,'' in addition
to the general requirements of this section. As part of its regular
review of its existing standards, in 2018 ISO published an updated
version of this standard, which was adopted in the 22nd revised edition
of the UN Model Regulations. In addition to permitting construction in
accordance with ISO 16111:2018, the 22nd revised edition of the UN
Model Regulations added a December 31, 2026, phaseout date for the
continued construction of UN metal hydride storage systems conforming
to ISO 16111:2008. Therefore, to maintain alignment with the UN Model
Regulations, PHMSA is adding the same phaseout date of December 31,
2026.
Paragraph (n) prescribes the design and construction requirements
for UN cylinders for the transportation of adsorbed gases. In addition
to updating reference for required conformance with ISO 9809-1:2019 as
discussed above, PHMSA is requiring conformance to an updated version
of ISO 11513, ``Gas cylinders--Refillable welded steel cylinders
containing materials for sub-atmospheric gas packaging (excluding
acetylene)--Design, construction, testing, use and periodic
inspection.'' ISO 11513 specifies minimum requirements for the
material, design, construction, workmanship, examination, and testing
at manufacture of refillable welded steel cylinders for the sub-
atmospheric pressure storage of liquefied and compressed gases. The
second edition has updated packing instructions and allows the use of
ultrasonic testing as a nondestructive method for inspection of the
cylinders. Currently the HMR requires that UN cylinders that are used
for the transportation of adsorbed gases conform to either ISO 9809-
1:2010 or ISO 11513:2011. PHMSA is requiring conformance with the
updated ISO 11513:2019 in addition to the option of the updated ISO
9809-1:2019 edition. PHMSA also is adding a phaseout date of December
31, 2026, to allow UN cylinders to continue to be built in conformance
with ISO 11513:2011.
Updating the reference to this standard aligns the HMR with changes
[[Page 25462]]
adopted in the 22nd revised edition of the UN Model Regulations,
pertaining to the design and construction of UN cylinders used for the
transportation of adsorbed gases. PHMSA has reviewed this edition as
part of its regular participation in the review of amendments for the
UN Model Regulations and expects that the required use will maintain
the HMR safety standard for the manufacture of UN cylinders.
Section 178.75
Section 178.75 prescribes specifications for multiple-element gas
containers (MEGCs), which are assemblies of UN cylinders, tubes, or
bundles of cylinders interconnected by a manifold and assembled within
a framework. PHMSA is revising paragraph (d)(3), which outlines the
general design and construction requirements for MEGCs. In its comments
to the NPRM, CGA suggests that PHMSA consider using the current method
of stating the applicability of older editions of ISO standards that
more specifically set the endpoint for use of the standard to the
manufacture of the cylinders. CGA adds that using the word
``manufacture'' better aligns with the term ``applicable for
manufacture'' used throughout section 6.2.2 in the 22nd edition of the
UN Model Regulations. PHMSA agrees and is revising the language in this
section to better reflect the intent in the UN Model Regulations that
the year of manufacture should be used to describe the phaseout of
these ISO standards. Currently this paragraph requires that each
pressure receptacle of a MEGC be of the same design type, seamless
steel, and constructed and tested according to one of five ISO
standards including the second editions of:
(1) ISO 9809-1 ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa.''
(2) ISO 9809-2, ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1100 MPa.''
(3) ISO 9809-3, ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders.''
This series of ISO standards specifies minimum requirements for the
material, design, construction, workmanship, manufacturing processes,
examination, and testing at time of manufacture for refillable seamless
steel gas cylinders and tubes with water capacities up to and including
450 L (119 gallons). The standards were updated and revised, as
discussed in the Section IV. Section-by-Section Review discussion of
Sec. 171.7 changes. PHMSA is authorizing the use of the third edition
of ISO 9809, Parts 1 through 3, and adding a phaseout date of December
31, 2026, for continued manufacture of pressure receptacles using the
second edition. Finally, PHMSA is removing reference to the first
edition of these standards, as the authorization date (December 31,
2018) for continued manufacture in accordance with this edition has
expired. Authorizing the use of these updated references to this
document will align the HMR with changes adopted in the 22nd revised
edition of the UN Model Regulations pertaining to the design and
construction of pressure vessels, including MEGCs, while maintaining
the HMR safety standard for use of MEGCs.
Section 178.609
Section 178.609 provides test requirements for packagings intended
for transport of infectious substances. PHMSA is making an editorial
change in paragraph (d) to clarify the drop testing requirements for
these packagings. In rule HM-215P,\31\ PHMSA made editorial changes in
paragraph (g) to clarify the performance requirements for packagings
intended to also contain dry ice consistent with changes to the 21st
revised edition of UN Model Regulations. However, some additional
editorial changes regarding the drop test requirements for these
packagings were later added to the UN Model Regulations that were not
reflected in HM-215P. Therefore, in this final rule, PHMSA is making
additional editorial corrections to this section pertaining to the drop
test requirements in paragraph (d). Currently, paragraph (d)(2) states
that where the samples are in the shape of a drum, three samples must
be dropped, in three different orientations. However, during the course
of the finalization of these changes in the UN Model Regulations, an
additional precision was made regarding the word ``chime,'' which was
removed from these testing requirements and replaced with the word
``edge.'' The wording was changed so as not to specify which direction
the package should be dropped. PHMSA does not consider this change to
be technical, but editorial, with the intent of conveying the testing
protocol, as it was designed, more clearly. For that reason, PHMSA
expects this change to maintain the current level of safety for
packagings intended to contain infectious substances. This change will
simply result in a packaging being tested in line with the design of
the original packaging test method. PHMSA received a comment from MDTC
in support of this revision.
---------------------------------------------------------------------------
\31\ 87 FR 44944 (July 26, 2022).
---------------------------------------------------------------------------
Section 178.706
Section 178.706 prescribes construction standards for rigid plastic
IBCs. PHMSA is revising paragraph (c)(3) to allow the use of recycled
plastic (i.e., used material) in the construction of rigid plastic IBCs
with the approval of the Associate Administrator consistent with a
similar change adopted in the 22nd revised edition of the UN Model
Regulations and international standards. PHMSA is including a slight
variation from the international provision by requiring prior approval
of the Associate Administrator for use of recycled plastics in the
construction of rigid plastic IBCs. This approach is consistent with
current requirements for the construction of plastic drums and
jerricans in Sec. 178.509(b)(1) that restrict use of ``used material''
unless approved by the Associate Administrator. The UN Model
Regulations incorporate quality assurance program requirements that
require recognition by a governing body. By requiring approval of the
Associate Administrator, PHMSA is able to maintain oversight of
procedures, such as batch testing, that manufacturers will use to
ensure the quality of recycled plastics used in the construction of
rigid plastic IBCs. This action will facilitate environmentally
friendly processes in the construction of rigid plastic IBCs while
maintaining the high safety standards in the production of these
packagings for use in transportation of hazardous materials. RIBCA and
RIPA provided comments in support of allowing the manufacturing of
rigid plastic IBCs from recycled plastics.
Section 178.707
Section 178.707 prescribes construction standards for composite
IBCs. PHMSA is revising paragraph (c)(3)(iii) to allow the use of
recycled plastic (i.e., used material) in the construction of inner
receptacles of composite IBCs, with the approval of the Associate
Administrator, consistent with a similar change adopted in the 22nd
revised edition of the UN Model Regulations and the modal international
standards. PHMSA is including a slight variation from the international
provision by requiring prior approval by the Associate Administrator to
use recycled plastics in the construction of inner plastic receptacles
of composite
[[Page 25463]]
IBCs. This approach is consistent with current requirements for
construction of plastic drums and jerricans in Sec. 178.509(b)(1),
which restrict use of ``used material,'' unless approved by the
Associate Administrator. The UN Model Regulations incorporate quality
assurance program requirements that require recognition by a governing
body. By requiring approval of the Associate Administrator, PHMSA is
able to maintain oversight of procedures, such as batch testing, that
manufacturers will use to ensure the quality of recycled plastics used
in the construction of inner plastic receptacles of composite IBCs.
This action will facilitate environmentally friendly processes in the
construction of composite IBCs while maintaining the high safety
standards in the production of these packagings for use in
transportation of hazardous materials. RIBCA and RIPA provided comments
in support of allowing the manufacturing of composite IBCs from
recycled plastics.
F. Part 180
Section 180.207
Section 180.207 outlines the requirements for requalification of UN
pressure receptacles. The 22nd revised edition of the UN Model
Regulations includes numerous updates to referenced standards for
inspection and maintenance of UN pressure receptacles. PHMSA is
adopting similar amendments in the HMR to maintain consistency with the
UN Model Regulations. To that end, PHMSA is revising paragraph (d),
which specifies the requalification procedures and conformance
standards for specific procedures. Specifically, paragraph (d)(3)
currently requires that dissolved acetylene UN cylinders be requalified
in accordance with ISO 10462:2013, ``Gas cylinders--Acetylene
cylinders--Periodic inspection and maintenance.'' ISO 10462:2013
specifies requirements for the periodic inspection and maintenance of
acetylene cylinders. It applies to acetylene cylinders with and without
solvent, and with a maximum nominal water capacity of 150 L. As part of
a periodic review of its standards, the ISO reviewed this standard, and
in June 2019 published a short supplemental amendment, ISO 10462:2013/
Amd 1:2019. The supplemental document provides amendments that simplify
the marking of rejected cylinders to render them unserviceable. This
supplemental document is intended for use in conjunction with ISO
10462:2013 for the periodic inspection and maintenance of dissolved
acetylene UN cylinders. As such, PHMSA is adding a reference to ISO
10462:2013/Amd 1:2019 in Sec. 180.207(d)(3) where ISO 10462:2013 is
currently required, and adding a phaseout date of December 31, 2024,
for authorized use of ISO 10462:2013 without the supplemental
amendment.
PHMSA is revising paragraph (d)(5) which requires that UN cylinders
used for adsorbed gases be inspected and tested in accordance with
Sec. 173.302c and ISO 11513:2011. ISO 11513 specifies minimum
requirements for the material, design, construction, workmanship,
examination, and testing at manufacture of refillable welded steel
cylinders for the sub-atmospheric pressure storage of liquefied and
compressed gases. The 22nd revised edition of the UN Model Regulations
updated references to ISO 11513 to authorize the use of the second
edition, ISO 11513:2019. This second edition has been updated to amend
packing instructions and remove the prohibition on the use of
ultrasonic testing during periodic inspection. PHMSA is authorizing the
use of ISO 11513:2019 and adding a sunset date of December 31, 2024,
until which the current edition of ISO 11513 may continue to be used.
Lastly, PHMSA is adding paragraph (d)(8) to reference ISO
23088:2020, ``Gas cylinders--Periodic inspection and testing of welded
steel pressure drums--Capacities up to 1 000 L,'' to provide a
requalification standard for UN pressure drums because requalification
procedures may differ for pressure drums versus other UN pressure
receptacles. The ISO 23088:2020 standard complements the design and
construction standard ISO 21172-1, ``Gas cylinders--Welded steel
pressure drums up to 3,000 litre capacity for the transport of gases--
Design and construction--Part 1: Capacities up to 1,000 litres,''
referenced in Sec. 178.71 for UN pressure drums. ISO 21172-1:2015 was
added in the HMR in rule HM-215O. PHMSA expects that incorporating by
reference a safety standard for requalification will reduce business
costs and environmental effects by allowing existing UN pressure drums
to be reintroduced into service for continued use for an extended
period of time.
These revisions will align the HMR with changes adopted in the 22nd
revised edition of the UN Model Regulations pertaining to industry
consensus standards for requalification and maintenance procedures for
UN pressure receptacles. PHMSA has reviewed this edition as part of its
regular participation in the review of amendments for the UN Model
Regulations and does not expect any degradation of safety standards in
association with its use. PHMSA expects that these amendments will
enhance safety by providing cylinder and pressure drum users with the
necessary guidelines for the continued use of UN pressure receptacles.
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the authority of Federal
Hazardous Materials Transportation Law (49 U.S.C. 5101 et seq.).
Section 5103(b) authorizes the Secretary of Transportation to prescribe
regulations for the safe transportation, including security, of
hazardous materials in intrastate, interstate, and foreign commerce.
Additionally, 49 U.S.C. 5120 authorizes the Secretary to consult with
interested international authorities to ensure that, to the extent
practicable, regulations governing the transportation of hazardous
materials in commerce are consistent with the standards adopted by
international authorities. The Secretary has delegated the authority
granted in the Federal Hazardous Materials Transportation Law to the
PHMSA Administrator at 49 CFR 1.97(b).
B. Executive Orders 12866 and 14094, and DOT Regulatory Policies and
Procedures
Executive Order 12866 (``Regulatory Planning and Review''),\32\ as
amended by Executive Order 14094 (``Modernizing Regulatory
Review''),\33\ 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
[[Page 25464]]
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. Executive
Order 12866 and DOT Order 2100.6A require that PHMSA submit
``significant regulatory actions'' to the Office of Management and
Budget (OMB) for review. This rulemaking is not considered a
significant regulatory action under section 3(f) of Executive Order
12866 and, therefore, was not formally reviewed by OMB. This rulemaking
is also not considered a significant rule under DOT Order 2100.6A.
---------------------------------------------------------------------------
\32\ 58 FR 51735 (Oct. 4, 1993).
\33\ 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 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).
---------------------------------------------------------------------------
The following is a brief summary of costs, savings, and net
benefits of some of the amendments in this final rule. PHMSA has
developed a more detailed analysis of these costs and benefits in the
RIA, a copy of which has been placed in the docket.
PHMSA is amending the HMR to maintain alignment with international
regulations and standards, thereby maintaining the high safety standard
currently achieved under the HMR; facilitating the safe transportation
of; and aligning HMR requirements with anticipated increases in the
volume of lithium batteries transported by interstate commerce from
electrification of the transportation and other economic sectors. PHMSA
examined the likely impacts of finalizing and implementing the
provisions in the final rule in order to assess the benefits and costs
of these amendments. This analysis allowed PHMSA to quantitatively
assess the material effects of four of the amendments in the
rulemaking. The effects of six remaining amendments are not quantified
but are assessed qualitatively.
PHMSA estimates that the net annualized quantified net cost savings
of this rulemaking, using a 2% discount rate, are between $6.3 million
and $14.7 million per year. The following table presents a summary of
the monetized impacts that these changes may have.
Summary of Net Regulatory Cost Savings, Discount Rate = 2%, 2023-2032
[Millions, 2022$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
10 Year costs 10 Year cost 10 Year net cost Annual costs Annual cost Annual net cost
------------------ savings savings ------------------ savings savings
Amendment ------------------------------------ -----------------------------------
Low High Low High Low High Low High Low High Low High
--------------------------------------------------------------------------------------------------------------------------------------------------------
1: Incorporation by reference............... $9.2 $9 $0 $0 $(9) $(9) $1 $1 $0 $0 $(1) $(1)
2: HMT additions............................ 0.1 0.1 0 0 (0.1) (0.1) 0.01 0.01 0 0 (0.01) (0.01)
3: Self-reactive materials and organic 0 0 0.01 0.05 0.01 0.05 0 0 0.001 0.005 0.001 0.005
peroxides..................................
5: Lithium battery changes.................. 5 9 76 147 66 142 0.6 1 8.4 16 7.4 16
-----------------------------------------------------------------------------------------------------------
Total................................... 14.6 18.7 75.6 146.9 56.8 132.3 1.6 2.1 8.4 16.4 6.3 14.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Values in parenthesis in net cost savings columns indicate costs. Low net cost savings for each amendment are determined by subtracting the
highest costs from the lowest cost savings. High net cost savings are determined by subtracting the lowest costs from the highest cost savings.
The safety and environmental benefits of the final rule have not
been quantified. However, PHMSA expects the amendments will help to
improve public safety and reduce the risk of environmental harm by
maintaining consistency between these international regulations and the
HMR. Harmonization of the HMR with international consensus standards
could reduce delays and interruptions of hazardous materials during
transportation, thereby lowering GHG emissions and safety risks to
communities (including minority, low income, underserved, and other
disadvantaged populations and communities) in the vicinity of interim
storage sites and transportation arteries and hubs.
C. Executive Order 13132
PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism'') \34\
and the Presidential memorandum (``Preemption'') that was published in
the Federal Register on May 22, 2009.\35\ Executive Order 13132
requires agencies to assure meaningful and timely input by state and
local officials in the development of regulatory policies that may have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.''
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\34\ 64 FR 43255 (Aug. 10, 1999).
\35\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------
The rulemaking may preempt state, local, and Native American tribe
requirements, but does not amend any regulation that has substantial
direct effects on the states, the relationship between the national
government and the states, or the distribution of power and
responsibilities among the various levels of government. The Federal
Hazardous Materials Transportation Law contains an express preemption
provision at 49 U.S.C. 5125(b) that preempts state, local, and tribal
requirements on certain covered subjects, unless the non-federal
requirements are ``substantively the same'' as the federal
requirements, including the following:
(1) The designation, description, and classification of hazardous
material.
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material.
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents.
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material.
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This final rule addresses covered subject items (1), (2), (3), (4),
and (5) above, and will preempt state, local, and tribal requirements
not meeting the ``substantively the same'' standard. In this instance,
the preemptive effect of the final rule is limited to the minimum level
necessary to achieve the objectives of the hazardous materials
transportation law under which the final rule is promulgated.
Therefore, the consultation and funding requirements of Executive Order
13132 do not apply.
[[Page 25465]]
D. Executive Order 13175
PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \36\ and DOT Order
5301.1A (``Department of Transportation Tribal Consultation Policy and
Procedures''). Executive Order 13175 and DOT Order 5301.1A require DOT
Operating Administrations to assure meaningful and timely input from
Native American tribal government representatives in the development of
rules that significantly or uniquely affect tribal communities by
imposing ``substantial direct compliance costs'' or ``substantial
direct effects'' on such communities, or the relationship and
distribution of power between the Federal Government and Native
American tribes.
---------------------------------------------------------------------------
\36\ 65 FR 67249 (Nov. 9, 2000).
---------------------------------------------------------------------------
PHMSA assessed the impact of the rulemaking and determined that it
will not significantly or uniquely affect tribal communities or Native
American tribal governments. The changes to the HMR in this final rule
are facially neutral and will have broad, national scope; it will
neither significantly nor uniquely affect tribal communities, much less
impose substantial compliance costs on Native American tribal
governments or mandate tribal action. And because the rulemaking will
not adversely affect the safe transportation of hazardous materials
generally, it will not entail disproportionately high adverse risks for
tribal communities. For these reasons, PHMSA finds that the funding and
consultation requirements of Executive Order 13175 and DOT Order
5301.1A to apply.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies
and Procedures
The Regulatory Flexibility Act (5 U.S.C. 601, et seq.) requires
agencies to review regulations to assess their impact on small
entities, unless the agency head certifies that a rulemaking will not
have a significant economic impact on a substantial number of small
entities, including small businesses; not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields; and governmental jurisdictions with populations under 50,000.
The Regulatory Flexibility Act directs agencies to establish exceptions
and differing compliance standards for small businesses, where possible
to do so and still meet the objectives of applicable regulatory
statutes. Executive Order 13272 (``Proper Consideration of Small
Entities in Agency Rulemaking'') \37\ requires agencies to establish
procedures and policies to promote compliance with the Regulatory
Flexibility Act and to ``thoroughly review draft rules to assess and
take appropriate account of the potential impact'' of the rules on
small businesses, governmental jurisdictions, and small organizations.
The DOT posts its implementing guidance on a dedicated web page.\38\
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\37\ 67 FR 53461 (Aug. 16, 2002).
\38\ DOT, ``Rulemaking Requirements Related to Small Entities,''
www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities.
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As discussed at length in the RIA, this rulemaking has been
developed in accordance with Executive Order 13272 and with DOT's
procedures and policies to promote compliance with the Regulatory
Flexibility Act to ensure that potential impacts of draft rules on
small entities are properly considered. This final rule facilitates the
transportation of hazardous materials in international commerce by
providing consistency with international standards. It applies to
offerors and carriers of hazardous materials, some of whom are small
entities, such as chemical manufacturers, users, suppliers, packaging
manufacturers, distributors, and training companies. As discussed at
length in the RIA found in the rulemaking docket, the amendments in
this final rule will result in net cost savings that will ease the
regulatory compliance burden for those and other entities engaged in
domestic and international commerce, including trans-border shipments
within North America. Additionally, the changes in this final rule will
relieve U.S. companies, including small entities competing in foreign
markets, from the burden of complying with a dual system of
regulations. Therefore, PHMSA certifies that these amendments will not
have a significant economic impact on a substantial number of small
entities.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et
seq.), no person is required to respond to an information collection
unless it has been approved by OMB and displays a valid OMB control
number. Pursuant to 44 U.S.C. 3506(c)(2)(B) and 5 CFR 1320.8(d), PHMSA
must provide interested members of the public and affected agencies
with an opportunity to comment on information collection and
recordkeeping requests.
PHMSA has analyzed this final rule in accordance with the Paperwork
Reduction Act. PHMSA currently accounts for shipping paper burdens
under OMB Control Number 2137-0034, ``Hazardous Materials Shipping
Papers and Emergency Response Information.'' PHMSA asserts that some
amendments may impact OMB Control Number 2137-0034, such as the
requirement to indicate the use of Special Provisions A54 on the
shipping papers; however, PHMSA expects the overall impact to annual
paperwork burden is negligible in relation to the number of burden
hours currently associated with this information collection. While
PHMSA expects this amendment to reduce the burden associated with this
information collection, PHMSA anticipates the reduction is negligible
in relation to the total burden hours associated with special permit
applications.
Additionally, PHMSA is revising Sec. 173.185(c)(4) to require that
shippers and carriers of small lithium batteries not contained in
equipment have shipping papers and perform NOPIC checks when
transported by air. PHMSA estimates that 45 domestic airlines
transporting 4,044 shipments of affected lithium batteries may be
affected by this provision. PHMSA estimates a burden increase of 16
minutes per shipment, or 64,704 minutes (1,078 hours), in the first
year. PHMSA estimates the increased burden for this information
collection as follows:
OMB Control No. 2137-0034: Hazardous Materials Shipping Papers &
Emergency Response Information
Annual increase in number of respondents: 45.
Annual increase in number of responses: 4,044.
Annual increase in burden hours: 1,078.
Increase in Annual Burden Cost: $0.
PHMSA accounts for the burden from approval applications in OMB
Control Number 2137-0557, ``Approvals for Hazardous Materials.'' PHMSA
also is adding new entries to the Sec. 173.224 Self Reactives Table
and Sec. 173.225 Organic Peroxide Table, which PHMSA expects estimates
will decrease the number of annual approval applicants. However, PHMSA
expects that these changes are negligible to the overall impact of the
total burden, in relation to the number of burden hours associated with
this information collection. Based on estimates provided in the RIA,
PHMSA estimates that this final rule will reduce the number of
approvals by one annually. PHMSA estimates the reduction in this
information collection as follows:
[[Page 25466]]
OMB Control No. 2137-0557: Approvals for Hazardous Materials
Decrease in Annual Number of Respondents: 1.
Decrease in Annual Responses: 1.
Decrease in Annual Burden Hours: 4.75.
Decrease in Annual Burden Cost: $0.
G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501, et
seq.) requires agencies to assess the effects of federal regulatory
actions on state, local, and tribal governments, and the private
sector. For any NPRM or final rule that includes a federal mandate that
may result in the expenditure by state, local, and tribal governments,
or by the 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, this rulemaking does not impose unfunded
mandates under the UMRA. It will not result in costs of $100 million or
more in 1996 dollars to either state, local, or tribal governments, or
to the private sector, in any one year. A copy of the 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 if the action would have a significant impact on the human
environment. The Council on Environmental Quality implementing
regulations (40 CFR, parts 1500-1508) require federal agencies to
conduct an environmental review considering (1) the need for the
action, (2) alternatives to the action, (3) probable environmental
impacts of the action and alternatives, and (4) the agencies and
persons consulted during the consideration process. DOT Order 5610.1C
(``Procedures for Considering Environmental Impacts'') establishes
departmental procedures for evaluation of environmental impacts under
NEPA and its implementing regulations. This Environmental Assessment
incorporates by reference the analysis discussing safety impacts that
is included in the preamble language above.
1. Purpose and Need
This final rule amends the HMR to maintain alignment with
international consensus standards by incorporating into the HMR various
amendments, including changes to proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, air
transport quantity limitations, and vessel stowage requirements. PHMSA
notes that the amendments in this final rule are intended to result in
cost savings and reduced regulatory burden for shippers engaged in
domestic and international commerce, including trans-border shipments
within North America. Absent adoption of the amendments in the final
rule, U.S. companies--including numerous small entities competing in
foreign markets--may be at an economic disadvantage because of their
need to comply with a dual system of regulations. Further, among the
HMR amendments introduced in this rulemaking are those aligning HMR
requirements with anticipated increases in the volume of lithium
batteries transported in interstate commerce, from electrification of
the transportation and other economic sectors.
As explained at greater length above in the preamble of this final
and in the RIA (each of which is incorporated by reference in this
discussion of the environmental impacts of the Final Action
Alternative), PHMSA finds that the adoption of the regulatory
amendments in this final rule maintains the high safety standard
currently achieved under the HMR. PHMSA has evaluated the safety of
each of the amendments in this final rule on its own merit, as well as
the aggregate impact on transportation safety from adoption of those
amendments.
2. Alternatives
In this rulemaking, PHMSA considered the following alternatives:
No Action Alternative
If PHMSA were to select the No Action Alternative, current
regulations remain in place and no provisions are amended or added.
Final Action Alternative
This alternative is the current amendments as they appear in this
final rule, applying to transport of hazardous materials by various
transport modes (highway, rail, vessel, and aircraft). The amendments
included in this alternative are more fully discussed in the preamble
and regulatory text sections of this final rule.
3. Reasonably Foreseeable Environmental Impacts of the Alternatives
No Action Alternative
If PHMSA were to select the No Action Alternative, the HMR remains
unchanged, and no provisions would be amended or added. However, any
economic benefits gained through harmonization of the HMR with updated
international consensus standards (including, but not limited to, the
22nd revised edition of the UN Model Regulations, the 2023-2024 ICAO
Technical Instructions, and amendment 41-22 of the IMDG Code) governing
shipping of hazardous materials would not be realized.
Additionally, the No Action Alternative would not adopt enhanced
and clarified regulatory requirements expected to maintain the high
level of safety in transportation of hazardous materials provided by
the HMR. As explained in the preamble to the final rule, consistency
between the HMR and current international standards can enhance safety
by:
(1) Ensuring the HMR is informed by the latest best practices and
lessons learned.
(2) Improving understanding of, and compliance with, pertinent
requirements.
(3) Enabling consistent emergency response procedures in the event
of a hazardous materials incident.
(4) Facilitating the smooth flow of hazardous materials from their
points of origin to their points of destination, thereby avoiding risks
to the public and the environment from release of hazardous materials
from delays or interruptions in the transportation of those materials.
PHMSA would not capture those benefits if it were to pass on
incorporating updated international standards into the HMR under the No
Action Alternative.
PHMSA expects that the No Action Alternative could have a modest
impact on GHG emissions. Because PHMSA expects that the differences
between the HMR and international standards for transportation of
hazardous materials could result in transportation delays or
interruptions, PHMSA anticipates that there could be modestly higher
GHG emissions from some combination of transfer of delayed hazardous
materials to and from interim storage, return of improperly shipped
materials to their point of origin, and reshipment of returned
materials. PHMSA notes that it is unable to quantify such GHG emissions
because of the difficulty in identifying the precise quantity or
characteristics of such interim storage or returns/re-shipments. PHMSA
also submits that, as explained at greater length in Section IV.J., to
the extent that there are any delays arising from inconsistencies
between the HMR and recently updated international
[[Page 25467]]
standards, there could also be adverse impacts from the No Action
Alternative for minority populations, low-income populations, or other
underserved and other disadvantaged communities.
4. Environmental Justice
Executive Order 12898 (``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations''),\39\ 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 E.O. 12898 promoting the
principles of environmental justice through full consideration of
environmental justice principles throughout planning and decision-
making processes in the development of programs, policies, and
activities--including PHMSA rulemaking.
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\39\ 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 facially neutral and
national in scope; it is neither directed toward a particular
population, region, or community, nor is it expected to adversely
impact any particular population, region, or community. And because the
rulemaking will 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 expects that these HMR
amendments will yield modest GHG emissions reductions, thereby reducing
the risks posed by anthropogenic climate change to minority, low-
income, underserved, and other disadvantaged populations and
communities.
5. Final Action Alternative
As explained further in the discussions in each of the No Action
Alternative above, the preamble, and the RIA, PHMSA finds the changes
under the Final Action Alternative will maintain the high safety
standards currently achieved under the HMR. Harmonization of the HMR
with updated international consensus standards is also expected to
capture economic efficiencies gained from avoiding shipping delays and
compliance costs associated with having to comply with divergent U.S.
and international regulatory regimes for transportation of hazardous
materials. Further, PHMSA expects revision of the HMR in the final rule
will accommodate safe transportation of emerging technologies (in
particular components of lithium battery technologies) and facilitate
safe shipment of hazardous materials.
PHMSA expects that the Final Action Alternative could realize
modest reductions in GHG emissions. Because PHMSA expects that the
differences between the HMR and international standards for
transportation of hazardous materials could result in delays or
interruptions, PHMSA anticipates that the No Action Alternative could
result in modestly higher GHG emissions from some combination of
transfer of delayed hazardous materials to and from interim storage,
return of improperly shipped materials to their point of origin, or
reshipment of returned materials. The Final Action Alternative avoids
those risks resulting from divergence of the HMR from updated
international standards. PHMSA notes, however, that it is unable to
quantify any GHG emissions benefits because of the difficulty in
identifying the precise quantity or characteristics of such interim
storage or returns/re-shipments. Lastly, PHMSA also submits that, as
explained at greater length in Section IV.J., the Final Action
Alternative would avoid any delayed or interrupted shipments arising
from the divergence of the HMR from updated international standards
under the No Action Alternative that could result in adverse impacts
for minority populations, low-income populations, or other underserved
and other disadvantaged communities.
6. Agencies Consulted
PHMSA has coordinated with FAA, FMCSA, FRA, and USCG in the
development of this final rule.
7. Finding of No Significant 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 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'') \40\ by achieving several goals, including continuing to
deepen the Biden-Harris Administration's whole of government approach
to environmental justice and to better protect overburdened communities
from pollution and environmental harms.
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\40\ 88 FR 25251 (April 26, 2023).
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I. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit and including any personal information that the
commenter includes, in the system of records notice. DOT's complete
Privacy Act Statement is in the Federal Register published on April 11,
2000,\41\ or on DOT's website at https://www.dot.gov/privacy.
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\41\ 65 FR 19477 (Apr. 11, 2000).
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[[Page 25468]]
J. Executive Order 13609 and International Trade Analysis
Executive Order 13609 (``Promoting International Regulatory
Cooperation'') \42\ requires that agencies consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements.
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\42\ 77 FR 26413 (May. 4, 2012).
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Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465) (as
amended, the Trade Agreements Act), prohibits agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to the Trade Agreements Act, the establishment of
standards is not considered an unnecessary obstacle to the foreign
commerce of the United States, so long as the standards have a
legitimate domestic objective--such as providing for safety--and do not
operate to exclude imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
PHMSA participates in the establishment of international standards
to protect the safety of the American public, and it has assessed the
effects of the final rule to ensure that it does not cause unnecessary
obstacles to foreign trade. In fact, the final rule is expected to
facilitate international trade by harmonizing U.S. and international
requirements for the transportation of hazardous materials so as to
reduce regulatory burdens and minimize delays arising from having to
comply with divergent regulatory requirements. Accordingly, this
rulemaking is consistent with Executive Order 13609 and PHMSA's
obligations under the Trade Agreements Act.
K. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies to use voluntary consensus
standards in their regulatory activities, unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. This
rulemaking involves multiple voluntary consensus standards, which are
discussed at length in the discussion on Sec. 171.7. See Section 171.7
of the Section-by-Section Review for further details.
L. Executive Order 13211
Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') \43\
requires federal agencies to prepare a Statement of Energy Effects for
any ``significant energy action.'' Executive Order 13211 defines a
``significant energy action'' as any action by an agency (normally
published in the Federal Register) that promulgates, or is expected to
lead to the promulgation of, a final rule or regulation that (1)(i) is
a significant regulatory action under Executive Order 12866 or any
successor order, and (ii) is likely to have a significant adverse
effect on the supply, distribution, or use of energy (including a
shortfall in supply, price increases, and increased use of foreign
supplies); or (2) is designated by the Administrator of the Office of
Information and Regulatory Affairs (OIRA) as a significant energy
action.
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\43\ 66 FR 28355 (May 22, 2001).
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This final rule is not a significant action under Executive Order
12866, nor is it expected to have an annual effect on the economy of
$100 million. Further, this final rule will not have a significant
adverse effect on the supply, distribution, or use of energy in the
United States. The Administrator of OIRA has not designated the final
rule as a significant energy action. For additional discussion of the
anticipated economic impact of this rulemaking, please review the RIA
posted in the rulemaking docket.
M. Cybersecurity and Executive Order 14028
Executive Order 14028 (``Improving the Nation's Cybersecurity'')
\44\ directed 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.
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\44\ 86 FR 26633 (May 17, 2021).
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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 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Incorporation by
reference, Radioactive materials, Reporting and recordkeeping
requirements.
49 CFR Part 176
Cargo vessels, Hazardous materials transportation, Incorporation by
reference, Maritime carriers, Radioactive materials, Reporting and
recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and
[[Page 25469]]
containers, Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Incorporation by reference,
Motor carriers, Motor vehicle safety, Packaging and containers,
Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA is amending 49 CFR chapter
I as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 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
2. In Sec. 171.7:
0
a. Revise paragraphs (t)(1), (v)(2), and (w)(32) through (81);
0
b. Add paragraphs (w)(82) through (92); and
0
c. Revise paragraphs (aa)(3) and (dd)(1) through (4).
The revisions and additions read as follows:
Sec. 171.7 Reference material.
* * * * *
(t) * * *
(1) ICAO Doc 9284 Technical Instructions for the Safe Transport of
Dangerous Goods by Air, 2023-2024 Edition, 2022; into Sec. Sec. 171.8;
171.22 through 171.24; 172.101; 172.202; 172.401; 172.407; 172.512;
172.519; 172.602; 173.56; 173.320; 175.10, 175.33; 178.3.
* * * * *
(v) * * *
(2) International Maritime Dangerous Goods Code (IMDG Code),
Incorporating Amendment 41-22 (English Edition), 2022 Edition; 2022;
into Sec. Sec. 171.22; 171.23; 171.25; 172.101; 172.202; 172.203;
172.401; 172.407; 172.502; 172.519; 172.602; 173.21; 173.56; 176.2;
176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140; 176.720;
176.906; 178.3; 178.274.
(i) Volume 1, Incorporating Amendment 41-22 (Vol. 1).
(ii) Volume 2, Incorporating Amendment 41-22 (Vol. 2).
(w) * * *
(32) ISO 9809-1:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 1:
Quenched and tempered steel cylinders and tubes with tensile strength
less than 1100 MPa, Third edition, 2019-08; into Sec. Sec. 178.37;
178.71; 178.75.
(33) ISO 9809-2:2000(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1 100 MPa., First edition, June 2000; into Sec. Sec. 178.71; 178.75.
(34) ISO 9809-2:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1100 MPa., Second edition, 2010-04; into Sec. Sec. 178.71; 178.75.
(35) ISO 9809-2:2019(E): Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 2:
Quenched and tempered steel cylinders and tubes with tensile strength
greater than or equal to 1100 MPa, Third edition, 2019-08; into
Sec. Sec. 178.71; 178.75.
(36) ISO 9809-3:2000(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 3: Normalized
steel cylinders, First edition, December 2000; into Sec. Sec. 178.71;
178.75.
(37) ISO 9809-3:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 3: Normalized
steel cylinders, Second edition, 2010-04; into Sec. Sec. 178.71;
178.75.
(38) ISO 9809-3:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 3:
Normalized steel cylinders and tubes, Third edition, 2019-08; into
Sec. Sec. 178.71; 178.75
(39) ISO 9809-4:2014(E), Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction, and testing--Part 4: Stainless
steel cylinders with an Rm value of less than 1 100 MPa, First edition,
2014-07; into Sec. Sec. 178.71; 178.75.
(40) ISO 9978:1992(E), Radiation protection--Sealed radioactive
sources--Leakage test methods. First edition, (February 15, 1992); into
Sec. 173.469.
(41) ISO 10156:2017(E), Gas cylinders--Gases and gas mixtures--
Determination of fire potential and oxidizing ability for the selection
of cylinder valve outlets, Fourth edition, 2017-07; into Sec. 173.115.
(42) ISO 10297:1999(E), Gas cylinders--Refillable gas cylinder
valves--Specification and type testing, First edition, 1995-05; into
Sec. Sec. 173.301b; 178.71.
(43) ISO 10297:2006(E), Transportable gas cylinders--Cylinder
valves--Specification and type testing, Second edition, 2006-01; into
Sec. Sec. 173.301b; 178.71.
(44) ISO 10297:2014(E), Gas cylinders--Cylinder valves--
Specification and type testing, Third edition, 2014-07; into Sec. Sec.
173.301b; 178.71.
(45) ISO 10297:2014/Amd 1:2017(E), Gas cylinders--Cylinder valves--
Specification and type testing--Amendment 1: Pressure drums and tubes,
Third edition, 2017-03; into Sec. Sec. 173.301b; 178.71.
(46) ISO 10461:2005(E), Gas cylinders--Seamless aluminum-alloy gas
cylinders--Periodic inspection and testing, Second Edition, 2005-02 and
Amendment 1, 2006-07; into Sec. 180.207.
(47) ISO 10462:2013(E), Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance, Third edition, 2013-12-15; into
Sec. 180.207.
(48) ISO 10462:2013/Amd 1:2019(E), ``Gas cylinders--Acetylene
cylinders--Periodic inspection and maintenance, Third edition, 2013-12-
15, Amendment 1, 2019-06; into Sec. 180.207.
(49) ISO 10692-2:2001(E), Gas cylinders--Gas cylinder valve
connections for use in the micro-electronics industry--Part 2:
Specification and type testing for valve to cylinder connections, First
edition, 2001-08; into Sec. Sec. 173.40; 173.302c.
(50) ISO 11114-1:2012(E), Gas cylinders--Compatibility of cylinder
and valve materials with gas contents--Part 1: Metallic materials,
Second edition, 2012-03; into Sec. Sec. 172.102; 173.301b; 178.71.
(51) ISO 11114-1:2012/Amd 1:2017(E), Gas cylinders--Compatibility
of cylinder and valve materials with gas contents--Part 1: Metallic
materials--Amendment 1, Second edition, 2017-01; into Sec. Sec.
172.102, 173.301b, 178.71.
(52) ISO 11114-2:2013(E), Gas cylinders--Compatibility of cylinder
and valve materials with gas contents--Part 2: Non-metallic materials,
Second edition, 2013-04; into Sec. Sec. 173.301b; 178.71.
(53) ISO 11117:1998(E): Gas cylinders--Valve protection caps and
valve guards for industrial and medical gas cylinders--Design,
construction, and tests, First edition, 1998-08-01; into Sec.
173.301b.
(54) ISO 11117:2008(E): Gas cylinders--Valve protection caps and
valve guards--Design, construction, and tests, Second edition, 2008-09;
into Sec. 173.301b.
(55) ISO 11117:2008/Cor.1:2009(E): Gas cylinders--Valve protection
caps and valve guards--Design, construction, and tests, Technical
Corrigendum 1, 2009-05; into Sec. 173.301b.
(56) ISO 11117:2019(E), ``Gas cylinders--Valve protection caps and
[[Page 25470]]
guards--Design, construction and tests, 2019-11; into Sec. 173.301b
(57) ISO 11118(E), Gas cylinders--Non-refillable metallic gas
cylinders--Specification and test methods, First edition, October 1999;
into Sec. 178.71.
(58) ISO 11118:2015(E), Gas cylinders--Non-refillable metallic gas
cylinders--Specification and test methods, Second edition, 2015-09;
into Sec. Sec. 173.301b; 178.71.
(59) ISO 11118:2015/Amd 1:2019(E), Gas cylinders--Non-refillable
metallic gas cylinders--Specification and test methods, Second edition,
2015-09-15--Amendment 1, 2019-10; into Sec. Sec. 173.301b; 178.71.
(60) ISO 11119-1(E), Gas cylinders--Gas cylinders of composite
construction--Specification and test methods--Part 1: Hoop-wrapped
composite gas cylinders, First edition, May 2002, into Sec. 178.71.
(61) ISO 11119-1:2012(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction, and testing--Part 1: Hoop
wrapped fibre reinforced composite gas cylinders and tubes up to 450 L,
Second edition, 2012-08; into Sec. Sec. 178.71; 178.75.
(62) ISO 11119-2(E), Gas cylinders--Gas cylinders of composite
construction--Specification and test methods--Part 2: Fully wrapped
fibre reinforced composite gas cylinders with load-sharing metal
liners, First edition, May 2002; into Sec. 178.71.
(63) ISO 11119-2:2012(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction, and testing--Part 2: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with load-sharing metal liners, Second edition, 2012-07; into
Sec. Sec. 178.71; 178.75.
(64) ISO 11119-2:2012/Amd.1:2014(E), Gas cylinders--Refillable
composite gas cylinders and tubes--Design, construction and testing--
Part 2: Fully wrapped fibre reinforced composite gas cylinders and
tubes up to 450 l with load-sharing metal liners, Amendment 1, 2014-08;
into Sec. Sec. 178.71; 178.75.
(65) ISO 11119-3(E), Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced
composite gas cylinders with non-load-sharing metallic or non-metallic
liners, First edition, September 2002; into Sec. 178.71.
(66) ISO 11119-3:2013(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing--Part 3: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with non-load-sharing metallic or non-metallic liners, Second edition,
2013-04; into Sec. Sec. 178.71; 178.75.
(67) ISO 11119-4:2016(E), Gas cylinders--Refillable composite gas
cylinders--Design, construction, and testing--Part 4: Fully wrapped
fibre reinforced composite gas cylinders up to 150 l with load-sharing
welded metallic liners, First edition, 2016-02; into Sec. 178.71;
178.75.
(68) ISO 11120(E), Gas cylinders--Refillable seamless steel tubes
of water capacity between 150 l and 3000 l--Design, construction, and
testing, First Edition, 1999-03; into Sec. Sec. 178.71; 178.75.
(69) ISO 11120:2015(E), Gas cylinders--Refillable seamless steel
tubes of water capacity between 150 l and 3000 l--Design, construction,
and testing, Second edition, 2015-02; into Sec. Sec. 178.71; 178.75.
(70) ISO 11513:2011(E), Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene)--Design, construction, testing, use, and periodic
inspection, First edition, 2011-09; into Sec. Sec. 173.302c; 178.71;
180.207.
(71) ISO 11513:2019(E), Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene)--Design, construction, testing, use, and periodic
inspection, Second edition, 2019-09; into Sec. Sec. 173.302c; 178.71;
180.207.
(72) ISO 11621(E), Gas cylinders--Procedures for change of gas
service, First edition, April 1997; into Sec. Sec. 173.302, 173.336,
173.337.
(73) ISO 11623(E), Transportable gas cylinders--Periodic inspection
and testing of composite gas cylinders, First edition, March 2002; into
Sec. 180.207.
(74) ISO 11623:2015(E), Gas cylinders--Composite construction--
Periodic inspection and testing, Second edition, 2015-12; into Sec.
180.207.
(75) ISO 13340:2001(E), Transportable gas cylinders--Cylinder
valves for non-refillable cylinders--Specification and prototype
testing, First edition, 2004-04; into Sec. 178.71.
(76) ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method, Second Edition, 2008-09; into Sec. 173.120.
(77) ISO 14246:2014(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examination, Second Edition, 2014-06; into
Sec. 178.71.
(78) ISO 14246:2014/Amd 1:2017(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examinations--Amendment 1, Second edition,
2017-06; into Sec. 178.71.
(79) ISO 16111:2008(E), Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride, First edition, 2008-11; into
Sec. Sec. 173.301b; 173.311; 178.71.
(80) ISO 16111:2018(E), Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride, Second edition, 2018-08; into
Sec. Sec. 173.301b; 173.311; 178.71.
(81) ISO 16148:2016(E), Gas cylinders--Refillable seamless steel
gas cylinders and tubes--Acoustic emission examination (AT) and follow-
up ultrasonic examination (UT) for periodic inspection and testing,
Second edition, 2016-04; into Sec. 180.207.
(82) ISO 17871:2015(E), Gas cylinders--Quick-release cylinder
valves--Specification and type testing, First edition, 2015-08; into
Sec. 173.301b.
(83) ISO 17871:2020(E), Gas cylinders--Quick-release cylinder
valves--Specification and type testing, Second edition, 2020-07; into
Sec. 173.301b.
(84) ISO 17879:2017(E), Gas cylinders--Self-closing cylinder
valves--Specification and type testing, First edition, 2017-07; into
Sec. Sec. 173.301b; 178.71.
(85) ISO 18172-1:2007(E), Gas cylinders--Refillable welded
stainless steel cylinders--Part 1: Test pressure 6 MPa and below, First
Edition, 2007-03-01; into Sec. 178.71.
(86) ISO 20475:2018(E), Gas cylinders--Cylinder bundles--Periodic
inspection and testing, First edition, 2018-02; into Sec. 180.207.
(87) ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction, and testing, First Edition,
2006-05; into Sec. 178.71.
(88) ISO 21172-1:2015(E), Gas cylinders--Welded steel pressure
drums up to 3,000 litres capacity for the transport of gases--Design
and construction--Part 1: Capacities up to 1000 litres, First edition,
2015-04; into Sec. 178.71.
(89) ISO 21172-1:2015/Amd 1:2018(E), Gas cylinders--Welded steel
pressure drums up to 3000 litres capacity for the transport of gases--
Design and construction--Part 1: Capacities up to 1000 litres, First
edition, 2015-04-01, Amendment 1,2018-11; into Sec. 178.71.
(90) ISO 22434:2006(E), Transportable gas cylinders--Inspection and
maintenance of cylinder valves, First edition, 2006-09; into Sec.
180.207.
(91) ISO 23088:2020, Gas cylinders--Periodic inspection and testing
of welded steel pressure drums--Capacities up to 1000 l, First edition,
2020-02; into Sec. 180.207.
[[Page 25471]]
(92) ISO/TR 11364:2012(E), Gas cylinders--Compilation of national
and international valve stem/gas cylinder neck threads and their
identification and marking system, First edition, 2012-12; into Sec.
178.71.
* * * * *
(aa) * * *
(3) Test No. 439: In Vitro Skin Irritation: Reconstructed Human
Epidermis (RHE) Test Method, OECD Guidelines for the Testing of
Chemicals, 29 July 2015; into Sec. 173.137.
* * * * *
(dd) * * *
(1) UN Recommendations on the Transport of Dangerous Goods, Model
Regulations (UN Recommendations), 22nd revised edition, (2021); into
Sec. Sec. 171.8; 171.12; 172.202; 172.401; 172.407; 172.502; 172.519;
173.22; 173.24; 173.24b; 173.40; 173.56; 173.192; 173.302b; 173.304b;
178.75; 178.274 as follows:
(i) Volume I, ST/SG/AC.10/1/Rev.22 (Vol. I).
(ii) Volume II, ST/SG/AC.10/1/Rev.22 (Vol. II).
(2) Manual of Tests and Criteria; into Sec. Sec. 171.24, 172.102;
173.21; 173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125;
173.127; 173.128; 173.137; 173.185; 173.220; 173.221; 173.224; 173.225;
173.232; part 173, appendix H; 175.10; 176.905; 178.274 as follows:
(i) Seventh revised edition (2019).
(ii) Seventh Revised Edition, Amendment 1 (2021).
(3) Globally Harmonized System of Classification and Labelling of
Chemicals (GHS), 9th Revised Edition, ST/SG/AC.10/30/Rev.9 (2021); into
Sec. 172.401.
(4) Agreement concerning the International Carriage of Dangerous
Goods by Road (ADR), copyright 2020; into Sec. Sec. 171.8; 171.23 as
follows:
(i) Volume I, ECE/TRANS/300 (Vol. I).
(ii) Volume II, ECE/TRANS/300 (Vol. II).
(iii) Corrigendum, ECE/TRANS/300 (Corr. 1).
* * * * *
0
3. In Sec. 171.12, revise paragraph (a)(4)(iii) to read as follows:
Sec. 171.12 North American Shipments.
* * * * *
(a) * * *
(4) * * *
(iii) Authorized CRC, BTC, CTC, or TC specification cylinders that
correspond with a DOT specification cylinder are as follows:
Table 1 to Paragraph (a)(4)(iii): Corresponding Specification Cylinders
----------------------------------------------------------------------------------------------------------------
DOT (some or all of these CTC (some or all of these
TC specifications may instead be specifications may instead be
marked with the prefix ICC) marked with the prefix BTC or CRC)
----------------------------------------------------------------------------------------------------------------
TC-3AM................................ DOT-3A [ICC-3] CTC-3A
TC-3AAM............................... DOT-3AA CTC-3AA
TC-3ANM............................... DOT-3BN CTC-3BN
TC-3EM................................ DOT-3E CTC-3E
TC-3HTM............................... DOT-3HT CTC-3HT
TC-3ALM............................... DOT-3AL CTC-3AL
DOT-3B CTC-3B
TC-3AXM............................... DOT-3AX CTC-3AX
TC-3AAXM.............................. DOT-3AAX CTC-3AAX
DOT-3A480X CTC-3A480X
TC-3TM................................ DOT-3T ...................................
TC-4AAM33............................. DOT-4AA480 CTC-4AA480
TC-4BM................................ DOT-4B CTC-4B
TC-4BM17ET............................ DOT-4B240ET CTC-4B240ET
TC-4BAM............................... DOT-4BA CTC-4BA
TC-4BWM............................... DOT-4BW CTC-4BW
TC-4DM................................ DOT-4D CTC-4D
TC-4DAM............................... DOT-4DA CTC-4DA
TC-4DSM............................... DOT-4DS CTC-4DS
TC-4EM................................ DOT-4E CTC-4E
TC-39M................................ DOT-39 CTC-39
TC-4LM................................ DOT-4L CTC-4L
TC-8WM................................ DOT-8 CTC-8
TC-8WAM............................... DOT-8AL CTC-8AL
----------------------------------------------------------------------------------------------------------------
* * * * *
0
4. In Sec. 171.23, revise paragraph (a)(3) to read as follows:
Sec. 171.23 Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.
(a) * * *
(3) Pi-marked cylinders. Cylinders with a water capacity not
exceeding 150 L and that are marked with a pi mark, in accordance with
the European Directive 2010/35/EU (IBR, see Sec. 171.7), on
transportable pressure equipment (TPED), and that comply with the
requirements of Packing Instruction P200 or P208, and 6.2 of the
Agreement Concerning the International Carriage of Dangerous Goods by
Road (ADR) (IBR, see Sec. 171.7), concerning pressure relief device
use, test period, filling ratios, test pressure, maximum working
pressure, and material compatibility for the lading contained or gas
being filled, are authorized as follows:
(i) Filled cylinders imported for intermediate storage, transport
to point of use, discharge, and export without further filling; and
(ii) Cylinders imported or domestically sourced for the purpose of
filling, intermediate storage, and export.
(iii) The bill of lading or other shipping paper must identify the
cylinder and include the following certification: ``This cylinder
(These cylinders) conform(s) to the requirements for pi-marked
cylinders found in Sec. 171.23(a)(3).''
* * * * *
0
5. In Sec. 171.25:
0
a. Revise paragraphs (c)(3) and (4); and
0
b. Add paragraph (c)(5).
[[Page 25472]]
To read as follows:
Sec. 171.25 Additional requirements for the use of the IMDG Code.
* * * * *
(c) * * *
(3) Except as specified in this subpart, for a material poisonous
(toxic) by inhalation, the T Codes specified in Column 13 of the
Dangerous Goods List in the IMDG Code may be applied to the
transportation of those materials in IM, IMO, and DOT Specification 51
portable tanks, when these portable tanks are authorized in accordance
with the requirements of this subchapter;
(4) No person may offer an IM or UN portable tank containing liquid
hazardous materials of Class 3, PG I or II, or PG III with a flash
point less than 100 [deg]F (38 [deg]C); Division 5.1, PG I or II; or
Division 6.1, PG I or II, for unloading while it remains on a transport
vehicle with the motive power unit attached, unless it conforms to the
requirements in Sec. 177.834(o) of this subchapter; and
(5) No person may offer a UN fiber-reinforced plastic portable tank
meeting the provisions of Chapter 6.10 of the IMDG Code (IBR, see Sec.
171.7), except for transportation falling within the single port area
criteria in paragraph (d) of this section.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
6. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
7. In Sec. 172.101:
0
a. Revise the section heading and paragraph (c)(12)(ii); and
0
b. In the Hazardous Materials Table, remove the entries under
``[REMOVE]'', add the entries under ``[ADD]'', and revise entries under
``[REVISE]'' in the appropriate alphabetical sequence.
The additions and revisions read as follows:
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
(c) * * *
(12) * * *
(ii) Generic or n.o.s. descriptions. If an appropriate technical
name is not shown in the Table, selection of a proper shipping name
shall be made from the generic or n.o.s. descriptions corresponding to
the specific hazard class, packing group, hazard zone, or subsidiary
hazard, if any, for the material. The name that most appropriately
describes the material shall be used, e.g., an alcohol not listed by
its technical name in the Table shall be described as ``Alcohol,
n.o.s.'' rather than ``Flammable liquid, n.o.s.'' Some mixtures may be
more appropriately described according to their application, such as
``Coating solution'' or ``Extracts, liquid, for flavor or aroma,''
rather than by an n.o.s. entry, such as ``Flammable liquid, n.o.s.'' It
should be noted, however, that an n.o.s. description as a proper
shipping name may not provide sufficient information for shipping
papers and package markings. Under the provisions of subparts C and D
of this part, the technical name of one or more constituents that makes
the product a hazardous material may be required in association with
the proper shipping name.
* * * * *
Sec. 172.101 Hazardous Materials Table
BILLING CODE 4910-60-P
[[Page 25473]]
[GRAPHIC] [TIFF OMITTED] TR10AP24.010
[[Page 25474]]
[GRAPHIC] [TIFF OMITTED] TR10AP24.011
[[Page 25475]]
[GRAPHIC] [TIFF OMITTED] TR10AP24.012
[GRAPHIC] [TIFF OMITTED] TR10AP24.013
BILLING CODE 4910-60-C
* * * * *
0
8. In Sec. 172.102:
In paragraph (c)(1):
0
a. Revise special provisions 78, 156, and 387;
0
b. Add special provisions 396 and 398;
0
c. Remove and reserve special provision 421.
In paragraph (c)(2):
0
d. Revise special provision A54; and
0
e. Add special provisions A224 and A225.
In paragraph (c)(4):
0
f. In Table 2--IP Codes, revise special provision IP15 and add special
provision IP22 in numerical order.
The additions and revisions read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
78 Mixtures of nitrogen and oxygen containing not less than 19.5%
and not more than 23.5% oxygen by volume may be transported under this
entry when no other oxidizing gases are present. A Division 5.1
subsidiary hazard label is not required for any concentrations within
this limit. Compressed air containing greater than 23.5% oxygen by
volume must be shipped using the description
[[Page 25476]]
``Compressed gas, oxidizing, n.o.s., UN3156.''
* * * * *
156 Asbestos that is immersed or fixed in a natural or artificial
binder material, such as cement, plastic, asphalt, resins, or mineral
ore, or contained in manufactured products, is not subject to the
requirements of this subchapter, except that when transported by air,
an indication of compliance with this special provision must be
provided by including the words ``not restricted'' on a shipping paper,
such as an air waybill accompanying the shipment.
* * * * *
387 When materials are stabilized by temperature control, the
provisions of Sec. 173.21(f) of this subchapter apply. When chemical
stabilization is employed, the person offering the material for
transport shall ensure that the level of stabilization is sufficient to
prevent the material as packaged from dangerous polymerization at 50
[deg]C (122 [deg]F). If chemical stabilization becomes ineffective at
lower temperatures within the anticipated duration of transport,
temperature control is required in which case transportation is
forbidden by aircraft. In making this determination factors to be taken
into consideration include, but are not limited to, the capacity and
geometry of the packaging and the effect of any insulation present; the
temperature of the material when offered for transport; the duration of
the journey and the ambient temperature conditions typically
encountered in the journey (considering also the season of year); the
effectiveness and other properties of the stabilizer employed;
applicable operational controls imposed by regulation (e.g.,
requirements to protect from sources of heat, including other cargo
carried at a temperature above ambient); and any other relevant
factors.
* * * * *
396 Large and robust articles may be transported with connected gas
cylinders with the valves open regardless of Sec. 173.24(b)(1),
provided:
a. The gas cylinders contain nitrogen of UN 1066 or compressed gas
of UN 1956 or compressed air of UN1002;
b. The gas cylinders are connected to the article through pressure
regulators and fixed piping in such a way that the pressure of the gas
(gauge pressure) in the article does not exceed 35 kPa (0.35 bar);
c. The gas cylinders are properly secured so that they cannot shift
in relation to the article and are fitted with strong and pressure
resistant hoses and pipes;
d. The gas cylinders, pressure regulators, piping, and other
components are protected from damage and impacts during transport by
wooden crates or other suitable means;
e. The shipping paper must include the following statement:
``Transport in accordance with special provision 396''; and
f. Cargo transport units containing articles transported with
cylinders with open valves containing a gas presenting a risk of
asphyxiation are well ventilated.
398 This entry applies to 1-butylene, cis-2-butylene and trans-2-
butylene, and mixtures of butylenes. For isobutylene, see UN 1055.
* * * * *
421 [Reserved]
* * * * *
(2) * * *
A54 Irrespective of the quantity limits in Column 9B of the Sec.
172.101 table, a lithium battery, including a lithium battery packed
with, or contained in, equipment that otherwise meets the applicable
requirements of Sec. 173.185, may have a mass exceeding 35 kg if
approved by the Associate Administrator prior to shipment. When
approved by the Associate Administrator and shipped in accordance with
this special provision, the special provision must be noted on the
shipping paper.
* * * * *
A224 UN3548, Articles containing miscellaneous dangerous goods,
n.o.s. may be transported on passenger and cargo-only aircraft,
irrespective of the indication of ``forbidden'' in Columns (9A) and
(9B) of the Hazardous Materials Table, provided: (a) with the exception
of lithium cells or batteries that comply with Sec. 173.185(c), as
applicable, the only hazardous materials contained in the article is an
environmentally hazardous substance; (b) the articles are packed in
accordance with Sec. 173.232; and (c) reference to Special Provision
A224 is made on the shipping paper.
A225 UN3538, Articles containing non-flammable, non-toxic gas,
n.o.s. may be transported on passenger and cargo-only aircraft
irrespective of the indication of ``forbidden'' in Columns (9A) and
(9B) of the Hazardous Materials Table, provided: (a) with the exception
of lithium cells or batteries that comply with Sec. 173.185(c), as
applicable, the only dangerous good contained in the article is a
Division 2.2 gas without a subsidiary hazard, but excluding
refrigerated liquefied gases and gases forbidden for transport on
passenger aircraft; (b) the articles are packed in accordance with
Sec. 173.232(h); and (c) reference to Special Provision A225 is made
on the shipping paper.
* * * * *
(4) * * *
IP15 For UN2031 with more than 55% nitric acid, the permitted use
of rigid plastic IBCs, and the inner receptacle of composite IBCs with
rigid plastics, shall be two years from their date of manufacture.
* * * * *
IP22 UN3550 may be transported in flexible IBCs (13H3 or 13H4) with
sift-proof liners to prevent any egress of dust during transport.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
9. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
10. In Sec. 173.4b, revise paragraph (b)(1) to read as follows:
Sec. 173.4b De minimis exceptions.
* * * * *
(b) * * *
(1) The specimens are:
(i) Wrapped in a paper towel or cheesecloth moistened with alcohol,
an alcohol solution, or a formaldehyde solution and placed in a plastic
bag that is heat-sealed. Any free liquid in the bag must not exceed 30
mL; or
(ii) Placed in vials or other rigid containers with no more than 30
mL of alcohol, an alcohol solution, or a formaldehyde solution. The
containers are placed in a plastic bag that is heat-sealed;
* * * * *
0
11. In Sec. 173.21, revise paragraphs (f) introductory text, (f)(1),
and (f)(2) to read as follows:
Sec. 173.21 Forbidden materials and packages.
* * * * *
(f) A package containing a material which is likely to decompose
with a self-accelerated decomposition temperature (SADT) or polymerize
with a self-accelerated polymerization temperature (SAPT) of 50 [deg]C
(122 [deg]F) or less, or 45 [deg]C (113 [deg]F) or less when offered
for transportation in portable tanks, with an evolution of a dangerous
quantity of heat or gas when decomposing or polymerizing, unless the
material is stabilized or inhibited in a manner to preclude such
evolution.
[[Page 25477]]
For organic peroxides, see paragraph (f)(2) of this section. The SADT
and SAPT may be determined by any of the test methods described in Part
II of the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this
subchapter).
(1) A package meeting the criteria of paragraph (f) of this section
may be required to be shipped under controlled temperature conditions.
The control temperature and emergency temperature for a package shall
be as specified in Table 1 in this paragraph based upon the SADT or
SAPT of the material. The control temperature is the temperature above
which a package of the material may not be offered for transportation
or transported. The emergency temperature is the temperature at which,
due to imminent danger, emergency measures must be initiated.
Table 1 to Paragraph (f)(1)--Derivation of Control and Emergency Temperature
----------------------------------------------------------------------------------------------------------------
Type of receptacle SADT/SAPT \1\ Control temperatures Emergency temperature
----------------------------------------------------------------------------------------------------------------
Single packagings and IBCs........... SADT/SAPT <=20 [deg]C 20 [deg]C (36 [deg]F) 10 [deg]C (18 [deg]F)
(68 [deg]F). below SADT/SAPT. below SADT/SAPT.
Single packagings and IBCs........... 20 [deg]C (68 [deg]F) 15 [deg]C (27 [deg]F) 10 [deg]C (18 [deg]F)
=88 + <=12........................... OP8 -10 0 .......
+Diisopropylperoxydicarbonate.
2,5-Dimethoxy-4-(4- 3236 79.................................... OP7 +40 +45 .......
methylphenylsulphony)benzenediazonium zinc
chloride.
4-Dimethylamino-6-(2- 3236 100................................... OP7 +40 +45 .......
dimethylaminoethoxy)toluene-2-diazonium
zinc chloride.
4-(Dimethylamino)-benzenediazonium 3228 100................................... OP8 .............. .............. .......
trichlorozincate (-1).
N,N'-Dinitroso-N, N'-dimethyl- 3224 72.................................... OP6 .............. .............. .......
terephthalamide, as a paste.
N,N'-Dinitrosopentamethylenetetramine....... 3224 82.................................... OP6 .............. .............. 2
Diphenyloxide-4,4'-disulphohydrazide........ 3226 100................................... OP7 .............. .............. .......
Diphenyloxide-4,4'-disulphonylhydrazide..... 3226 100................................... OP7 .............. .............. .......
4-Dipropylaminobenzenediazonium zinc 3226 100................................... OP7 .............. .............. .......
chloride.
2-(N,N-Ethoxycarbonylphenylamino)-3-methoxy- 3236 63-92................................. OP7 +40 +45 .......
4-(N-methyl-N-
cyclohexylamino)benzenediazonium zinc
chloride.
2-(N,N-Ethoxycarbonylphenylamino)-3-methoxy- 3236 62.................................... OP7 +35 +40 .......
4-(N-methyl-N-
cyclohexylamino)benzenediazonium zinc
chloride.
N-Formyl-2-(nitromethylene)-1,3- 3236 100................................... OP7 +45 +50 .......
perhydrothiazine.
2-(2-Hydroxyethoxy)-1-(pyrrolidin-1- 3236 100................................... OP7 +45 +50 .......
yl)benzene-4-diazonium zinc chloride.
3-(2-Hydroxyethoxy)-4-(pyrrolidin-1- 3236 100................................... OP7 +40 +45 .......
yl)benzenediazonium zinc chloride.
7-Methoxy-5-methyl-benzothiophen-2-yl 3230 88-100................................ ......... .............. .............. 6
boronic acid''.
2-(N,N-Methylaminoethylcarbonyl)-4-(3,4- 3236 96.................................... OP7 +45 +50 .......
dimethyl-phenylsulphonyl) benzenediazonium
hydrogen sulphate.
4-Methylbenzenesulphonylhydrazide........... 3226 100................................... OP7 .............. .............. .......
3-Methyl-4-(pyrrolidin-1-yl)benzenediazonium 3234 95.................................... OP6 +45 +50 .......
tetrafluoroborate.
4-Nitrosophenol............................. 3236 100................................... OP7 +35 +40 .......
Phosphorothioic acid, O-[(cyanophenyl 3227 82-91 (Z isomer)...................... OP8 .............. .............. 5
methylene) azanyl] O,O-diethyl ester.
Self-reactive liquid, sample................ 3223 ...................................... OP2 .............. .............. 3
Self-reactive liquid, sample, temperature 3233 ...................................... OP2 .............. .............. 3
control.
Self-reactive solid, sample................. 3224 ...................................... OP2 .............. .............. 3
Self-reactive solid, sample, temperature 3234 ...................................... OP2 .............. .............. 3
control.
Sodium 2-diazo-1-naphthol-4-sulphonate...... 3226 100................................... OP7 .............. .............. .......
Sodium 2-diazo-1-naphthol-5-sulphonate...... 3226 100................................... OP7 .............. .............. .......
Tetramine palladium (II) nitrate............ 3234 100................................... OP6 +30 +35 .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. The emergency and control temperatures must be determined in accordance with Sec. 173.21(f).
2. With a compatible diluent having a boiling point of not less than 150 [deg]C.
3. Samples may only be offered for transportation under the provisions of paragraph (c)(3) of this section.
4. This entry applies to mixtures of esters of 2-diazo-1-naphthol-4-sulphonic acid and 2-diazo-1-naphthol-5-sulphonic acid.
5. This entry applies to the technical mixture in n-butanol within the specified concentration limits of the (Z) isomer.
6. The technical compound with the specified concentration limits may contain up to 12% water and up to 1% organic impurities.
* * * * *
0
19. In Sec. 173.225:
0
a. Revise table 1 to paragraph (c);
0
b. Designate the tables immediately following paragraph (d) and
immediately following paragraph (g) as table 2 to paragraph (d) and
table 4 to paragraph (g), respectively; and
0
c. Revise newly designated table 4 to paragraph (g).
Sec. 173.225 Packaging requirements and other provisions for organic
peroxides.
* * * * *
(c) * * *
Table 1 to Paragraph (c)--Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diluent (mass %) Temperature
------------------------ Water Packing ([deg]C)
Technical name ID No. Concentration (mass %) (mass %) method ---------------------- Notes
A B I Control Emergency
(1) (2) (3)....................... (4a) (4b) (4c) (5) (6) (7a) (7b) (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acetyl acetone peroxide............ UN3105 <=42...................... >=48 ...... ...... >=8 OP7 ........ .......... 2
Acetyl acetone peroxide............ UN3107 <=35...................... ...... ...... ...... >=8 OP8 ........ .......... 32
Acetyl acetone peroxide [as a UN3106 <=32...................... ...... ...... ...... ........ OP7 ........ .......... 21
paste].
Acetyl cyclohexanesulfonyl peroxide UN3112 <=82...................... ...... ...... ...... >=12 OP4 -10 0 ...........
Acetyl cyclohexanesulfonyl peroxide UN3115 <=32...................... ...... >=68 ...... ........ OP7 -10 0 ...........
tert-Amyl hydroperoxide............ UN3107 <=88...................... >=6 ...... ...... >=6 OP8 ........ .......... ...........
tert-Amyl peroxyacetate............ UN3105 <=62...................... >=38 ...... ...... ........ OP7 ........ .......... ...........
tert-Amyl peroxybenzoate........... UN3103 <=100..................... ...... ...... ...... ........ OP5 ........ .......... ...........
tert-Amyl peroxy-2-ethylhexanoate.. UN3115 <=100..................... ...... ...... ...... ........ OP7 20 25 ...........
tert-Amyl peroxy-2-ethylhexyl UN3105 <=100..................... ...... ...... ...... ........ OP7 ........ .......... ...........
carbonate.
tert-Amyl peroxy isopropyl UN3103 <=77...................... >=23 ...... ...... ........ OP5 ........ .......... ...........
carbonate.
tert-Amyl peroxyneodecanoate....... UN3115 <=77...................... ...... >=23 ...... ........ OP7 0 10 ...........
tert-Amyl peroxyneodecanoate....... UN3119 <=47...................... >=53 ...... ...... ........ OP8 0 10 ...........
[[Page 25482]]
tert-Amyl peroxypivalate........... UN3113 <=77...................... ...... >=23 ...... ........ OP5 10 15 ...........
tert-Amyl peroxypivalate........... UN3119 <=32...................... >=68 ...... ...... ........ OP8 10 15 ...........
tert-Amyl peroxy-3,5,5- UN3105 <=100..................... ...... ...... ...... ........ OP7 ........ .......... ...........
trimethylhexanoate.
tert-Butyl cumyl peroxide.......... UN3109 >42-100................... ...... ...... ...... ........ OP8 ........ .......... 9
tert-Butyl cumyl peroxide.......... UN3108 <=52...................... ...... ...... >=48 ........ OP8 ........ .......... 9
n-Butyl-4,4-di-(tert- UN3103 >52-100................... ...... ...... ...... ........ OP5 ........ .......... ...........
butylperoxy)valerate.
n-Butyl-4,4-di-(tert- UN3108 <=52...................... ...... ...... >=48 ........ OP8 ........ .......... ...........
butylperoxy)valerate.
tert-Butyl hydroperoxide........... UN3103 >79-90.................... ...... ...... ...... >=10 OP5 ........ .......... 13
tert-Butyl hydroperoxide........... UN3105 <=80...................... >=20 ...... ...... ........ OP7 ........ .......... 4, 13
tert-Butyl hydroperoxide........... UN3107 <=79...................... ...... ...... ...... >14 OP8 ........ .......... 13, 16
tert-Butyl hydroperoxide........... UN3109 <=72...................... ...... ...... ...... >=28 OP8 ........ .......... 13
tert-Butyl hydroperoxide [and] Di- UN3103 <82 + >9.................. ...... ...... ...... >=7 OP5 ........ .......... 13
tert-butylperoxide.
tert-Butyl monoperoxymaleate....... UN3102 >52-100................... ...... ...... ...... ........ OP5 ........ .......... ...........
tert-Butyl monoperoxymaleate....... UN3103 <=52...................... >=48 ...... ...... ........ OP6 ........ .......... ...........
tert-Butyl monoperoxymaleate....... UN3108 <=52...................... ...... ...... >=48 ........ OP8 ........ .......... ...........
tert-Butyl monoperoxymaleate [as a UN3108 <=52...................... ...... ...... ...... ........ OP8 ........ .......... ...........
paste].
tert-Butyl peroxyacetate........... UN3101 >52-77.................... >=23 ...... ...... ........ OP5 ........ .......... ...........
tert-Butyl peroxyacetate........... UN3103 >32-52.................... >=48 ...... ...... ........ OP6 ........ .......... ...........
tert-Butyl peroxyacetate........... UN3109 <=32...................... ...... >=68 ...... ........ OP8 ........ .......... ...........
tert-Butyl peroxybenzoate.......... UN3103 >77-100................... ...... ...... ...... ........ OP5 ........ .......... ...........
tert-Butyl peroxybenzoate.......... UN3105 >52-77.................... >=23 ...... ...... ........ OP7 ........ .......... 1
tert-Butyl peroxybenzoate.......... UN3106 <=52...................... ...... ...... >=48 ........ OP7 ........ .......... ...........
tert-Butyl peroxybenzoate.......... UN3109 <=32...................... >=68 ...... ...... ........ OP8 ........ .......... ...........
tert-Butyl peroxybutyl fumarate.... UN3105 <=52...................... >=48 ...... ...... ........ OP7 ........ .......... ...........
tert-Butyl peroxycrotonate......... UN3105 <=77...................... >=23 ...... ...... ........ OP7 ........ .......... ...........
tert-Butyl peroxydiethylacetate.... UN3113 <=100..................... ...... ...... ...... ........ OP5 20 25 ...........
tert-Butyl peroxy-2-ethylhexanoate. UN3113 >52-100................... ...... ...... ...... ........ OP6 20 25 ...........
tert-Butyl peroxy-2-ethylhexanoate. UN3117 >32-52.................... ...... >=48 ...... ........ OP8 30 35 ...........
tert-Butyl peroxy-2-ethylhexanoate. UN3118 <=52...................... ...... ...... >=48 ........ OP8 20 25 ...........
tert-Butyl peroxy-2-ethylhexanoate. UN3119 <=32...................... ...... >=68 ...... ........ OP8 40 45 ...........
tert-Butyl peroxy-2-ethylhexanoate UN3106 <=12 + <=14............... >=14 ...... >=60 ........ OP7 ........ .......... ...........
[and] 2,2-di-(tert-
Butylperoxy)butane.
tert-Butyl peroxy-2-ethylhexanoate UN3115 <=31 + <=36............... ...... >=33 ...... ........ OP7 35 40 ...........
[and] 2,2-di-(tert-
Butylperoxy)butane.
tert-Butyl peroxy-2- UN3105 <=100..................... ...... ...... ...... ........ OP7 ........ .......... ...........
ethylhexylcarbonate.
tert-Butyl peroxyisobutyrate....... UN3111 >52-77.................... ...... >=23 ...... ........ OP5 15 20 ...........
tert-Butyl peroxyisobutyrate....... UN3115 <=52...................... ...... >=48 ...... ........ OP7 15 20 ...........
tert-Butylperoxy isopropylcarbonate UN3103 <=77...................... >=23 ...... ...... ........ OP5 ........ .......... ...........
tert-Butylperoxy isopropylcarbonate UN3105 <=62...................... ...... >=38 ...... ........ OP7 ........ .......... ...........
1-(2-tert-Butylperoxy isopropyl)-3- UN3105 <=77...................... >=23 ...... ...... ........ OP7 ........ .......... ...........
isopropenylbenzene.
1-(2-tert-Butylperoxy isopropyl)-3- UN3108 <=42...................... ...... ...... >=58 ........ OP8 ........ .......... ...........
isopropenylbenzene.
tert-Butyl peroxy-2-methylbenzoate. UN3103 <=100..................... ...... ...... ...... ........ OP5 ........ .......... ...........
tert-Butyl peroxyneodecanoate...... UN3115 >77-100................... ...... ...... ...... ........ OP7 -5 5 ...........
tert-Butyl peroxyneodecanoate...... UN3115 <=77...................... ...... >=23 ...... ........ OP7 0 10 ...........
tert-Butyl peroxyneodecanoate [as a UN3119 <=52...................... ...... ...... ...... ........ OP8 0 10 ...........
stable dispersion in water].
tert-Butyl peroxyneodecanoate [as a UN3118 <=42...................... ...... ...... ...... ........ OP8 0 10 ...........
stable dispersion in water
(frozen)].
tert-Butyl peroxyneodecanoate...... UN3119 <=32...................... >=68 ...... ...... ........ OP8 0 10 ...........
tert-Butyl peroxyneoheptanoate..... UN3115 <=77...................... >=23 ...... ...... ........ OP7 0 10 ...........
tert-Butyl peroxyneoheptanoate [as UN3117 <=42...................... ...... ...... ...... ........ OP8 0 10 ...........
a stable dispersion in water].
tert-Butyl peroxypivalate.......... UN3113 >67-77.................... >=23 ...... ...... ........ OP5 0 10 ...........
tert-Butyl peroxypivalate.......... UN3115 >27-67.................... ...... >=33 ...... ........ OP7 0 10 ...........
tert-Butyl peroxypivalate.......... UN3119 <=27...................... ...... >=73 ...... ........ OP8 30 35 ...........
tert-Butylperoxy stearylcarbonate.. UN3106 <=100..................... ...... ...... ...... ........ OP7 ........ .......... ...........
tert-Butyl peroxy-3,5,5- UN3105 >37-100................... ...... ...... ...... ........ OP7 ........ .......... ...........
trimethylhexanoate.
tert-Butyl peroxy-3,5,5- UN3106 <=42...................... ...... ...... >=58 ........ OP7 ........ .......... ...........
trimethlyhexanoate.
tert-Butyl peroxy-3,5,5- UN3109 <=37...................... ...... >=63 ...... ........ OP8 ........ .......... ...........
trimethylhexanoate.
3-Chloroperoxybenzoic acid......... UN3102 >57-86.................... ...... ...... >=14 ........ OP1 ........ .......... ...........
3-Chloroperoxybenzoic acid......... UN3106 <=57...................... ...... ...... >=3 >=40 OP7 ........ .......... ...........
3-Chloroperoxybenzoic acid......... UN3106 <=77...................... ...... ...... >=6 >=17 OP7 ........ .......... ...........
Cumyl hydroperoxide................ UN3107 >90-98.................... <=10 ...... ...... ........ OP8 ........ .......... 13
Cumyl hydroperoxide................ UN3109 <=90...................... >=10 ...... ...... ........ OP8 ........ .......... 13, 15
Cumyl peroxyneodecanoate........... UN3115 <=87...................... >=13 ...... ...... ........ OP7 -10 0 ...........
Cumyl peroxyneodecanoate........... UN3115 <=77...................... ...... >=23 ...... ........ OP7 -10 0 ...........
Cumyl peroxyneodecanoate [as a UN3119 <=52...................... ...... ...... ...... ........ OP8 -10 0 ...........
stable dispersion in water].
Cumyl peroxyneoheptanoate.......... UN3115 <=77...................... >=23 ...... ...... ........ OP7 -10 0 ...........
Cumyl peroxypivalate............... UN3115 <=77...................... ...... >=23 ...... ........ OP7 -5 5 ...........
Cyclohexanone peroxide(s).......... UN3104 <=91...................... ...... ...... ...... >=9 OP6 ........ .......... 13
Cyclohexanone peroxide(s).......... UN3105 <=72...................... >=28 ...... ...... ........ OP7 ........ .......... 5
Cyclohexanone peroxide(s) [as a UN3106 <=72...................... ...... ...... ...... ........ OP7 ........ .......... 5, 21
paste].
Cyclohexanone peroxide(s).......... Exempt <=32...................... ...... >68 ...... ........ Exempt ........ .......... 29
[[Page 25483]]
Diacetone alcohol peroxides........ UN3115 <=57...................... ...... >=26 ...... >=8 OP7 40 45 5
Diacetyl peroxide.................. UN3115 <=27...................... ...... >=73 ...... ........ OP7 20 25 8, 13
Di-tert-amyl peroxide.............. UN3107 <=100..................... ...... ...... ...... ........ OP8 ........ .......... ...........
([3R- (3R, 5aS, 6S, 8aS, 9R, 10R, UN3106 <=100..................... ...... ...... ...... ........ OP7 ........ .......... ...........
12S, 12aR**)]-Decahydro-10-methoxy-
3, 6, 9-trimethyl-3, 12-epoxy-12H-
pyrano [4, 3- j]-1, 2-
benzodioxepin).
2,2-Di-(tert-amylperoxy)-butane.... UN3105 <=57...................... >=43 ...... ...... ........ OP7 ........ .......... ...........
1,1-Di-(tert-amylperoxy)cyclohexane UN3103 <=82...................... >=18 ...... ...... ........ OP6 ........ .......... ...........
Dibenzoyl peroxide................. UN3102 >52-100................... ...... ...... <=48 ........ OP2 ........ .......... 3
Dibenzoyl peroxide................. UN3102 >77-94.................... ...... ...... ...... >=6 OP4 ........ .......... 3
Dibenzoyl peroxide................. UN3104 <=77...................... ...... ...... ...... >=23 OP6 ........ .......... ...........
Dibenzoyl peroxide................. UN3106 <=62...................... ...... ...... >=28 >=10 OP7 ........ .......... ...........
Dibenzoyl peroxide [as a paste].... UN3106 >52-62.................... ...... ...... ...... ........ OP7 ........ .......... 21
Dibenzoyl peroxide................. UN3106 >35-52.................... ...... ...... >=48 ........ OP7 ........ .......... ...........
Dibenzoyl peroxide................. UN3107 >36-42.................... >=18 ...... ...... <=40 OP8 ........ .......... ...........
Dibenzoyl peroxide [as a paste].... UN3108 <=56.5.................... ...... ...... ...... >=15 OP8 ........ .......... ...........
Dibenzoyl peroxide [as a paste].... UN3108 <=52...................... ...... ...... ...... ........ OP8 ........ .......... 21
Dibenzoyl peroxide [as a stable UN3109 <=42...................... ...... ...... ...... ........ OP8 ........ .......... ...........
dispersion in water].
Dibenzoyl peroxide................. Exempt <=35...................... ...... ...... >=65 ........ Exempt ........ .......... 29
Di-(4-tert- UN3114 <=100..................... ...... ...... ...... ........ OP6 30 35 ...........
butylcyclohexyl)peroxydicarbonate.
Di-(4-tert- UN3119 <=42...................... ...... ...... ...... ........ OP8 30 35 ...........
butylcyclohexyl)peroxydicarbonate
[as a stable dispersion in water].
Di-(4-tert- UN3118 <=42...................... ...... ...... ...... ........ OP8 35 40 ...........
butylcyclohexyl)peroxydicarbonate
[as a paste].
Di-tert-butyl peroxide............. UN3107 >52-100................... ...... ...... ...... ........ OP8 ........ .......... ...........
Di-tert-butyl peroxide............. UN3109 <=52...................... ...... >=48 ...... ........ OP8 ........ .......... 24
Di-tert-butyl peroxyazelate........ UN3105 <=52...................... >=48 ...... ...... ........ OP7 ........ .......... ...........
2,2-Di-(tert-butylperoxy)butane.... UN3103 <=52...................... >=48 ...... ...... ........ OP6 ........ .......... ...........
1,6-Di-(tert- UN3103 <=72...................... >=28 ...... ...... ........ OP5 ........ .......... ...........
butylperoxycarbonyloxy)hexane.
1,1-Di-(tert- UN3101 >80-100................... ...... ...... ...... ........ OP5 ........ .......... ...........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3103 >52-80.................... >=20 ...... ...... ........ OP5 ........ .......... ...........
butylperoxy)cyclohexane.
1,1-Di-(tert-butylperoxy)- UN3103 <=72...................... ...... >=28 ...... ........ OP5 ........ .......... 30
cyclohexane.
1,1-Di-(tert- UN3105 >42-52.................... >=48 ...... ...... ........ OP7 ........ .......... ...........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3106 <=42...................... >=13 ...... >=45 ........ OP7 ........ .......... ...........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3107 <=27...................... >=25 ...... ...... ........ OP8 ........ .......... 22
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3109 <=42...................... >=58 ...... ...... ........ OP8 ........ .......... ...........
butylperoxy)cyclohexane.
1,1-Di-(tert-Butylperoxy) UN3109 <=37...................... >=63 ...... ...... ........ OP8 ........ .......... ...........
cyclohexane.
1,1-Di-(tert- UN3109 <=25...................... >=25 >=50 ...... ........ OP8 ........ .......... ...........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3109 <=13...................... >=13 >=74 ...... ........ OP8 ........ .......... ...........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3105 <=43+<=16................. >=41 ...... ...... ........ OP7 ........ .......... ...........
butylperoxy)cyclohexane + tert-
Butyl peroxy-2-ethylhexanoate.
Di-n-butyl peroxydicarbonate....... UN3115 >27-52.................... ...... >=48 ...... ........ OP7 -15 -5 ...........
Di-n-butyl peroxydicarbonate....... UN3117 <=27...................... ...... >=73 ...... ........ OP8 -10 0 ...........
Di-n-butyl peroxydicarbonate [as a UN3118 <=42...................... ...... ...... ...... ........ OP8 -15 -5 ...........
stable dispersion in water
(frozen)].
Di-sec-butyl peroxydicarbonate..... UN3113 >52-100................... ...... ...... ...... ........ OP4 -20 -10 6
Di-sec-butyl peroxydicarbonate..... UN3115 <=52...................... ...... >=48 ...... ........ OP7 -15 -5 ...........
Di-(tert-butylperoxyisopropyl) UN3106 >42-100................... ...... ...... <=57 ........ OP7 ........ .......... 1, 9
benzene(s).
Di-(tert-butylperoxyisopropyl) Exempt <=42...................... ...... ...... >=58 ........ Exempt ........ .......... ...........
benzene(s).
Di-(tert-butylperoxy)phthalate..... UN3105 >42-52.................... >=48 ...... ...... ........ OP7 ........ .......... ...........
Di-(tert-butylperoxy)phthalate [as UN3106 <=52...................... ...... ...... ...... ........ OP7 ........ .......... 21
a paste].
Di-(tert-butylperoxy)phthalate..... UN3107 <=42...................... >=58 ...... ...... ........ OP8 ........ .......... ...........
2,2-Di-(tert-butylperoxy)propane... UN3105 <=52...................... >=48 ...... ...... ........ OP7 ........ .......... ...........
2,2-Di-(tert-butylperoxy)propane... UN3106 <=42...................... >=13 ...... >=45 ........ OP7 ........ .......... ...........
1,1-Di-(tert-butylperoxy)-3,3,5- UN3101 >90-100................... ...... ...... ...... ........ OP5 ........ .......... ...........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3103 >57-90.................... >=10 ...... ...... ........ OP5 ........ .......... ...........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3103 <=77...................... ...... >=23 ...... ........ OP5 ........ .......... ...........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3103 <=90...................... ...... >=10 ...... ........ OP5 ........ .......... 30
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3110 <=57...................... ...... ...... >=43 ........ OP8 ........ .......... ...........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3107 <=57...................... >=43 ...... ...... ........ OP8 ........ .......... ...........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3107 <=32...................... >=26 >=42 ...... ........ OP8 ........ .......... ...........
trimethylcyclohexane.
Dicetyl peroxydicarbonate.......... UN3120 <=100..................... ...... ...... ...... ........ OP8 30 35 ...........
Dicetyl peroxydicarbonate [as a UN3119 <=42...................... ...... ...... ...... ........ OP8 30 35 ...........
stable dispersion in water].
Di-4-chlorobenzoyl peroxide........ UN3102 <=77...................... ...... ...... ...... >=23 OP5 ........ .......... ...........
Di-4-chlorobenzoyl peroxide........ Exempt <=32...................... ...... ...... >=68 ........ Exempt ........ .......... 29
Di-2,4-dichlorobenzoyl peroxide [as UN3118 <=52...................... ...... ...... ...... ........ OP8 20 25 ...........
a paste].
Di-4-chlorobenzoyl peroxide [as a UN3106 <=52...................... ...... ...... ...... ........ OP7 ........ .......... 21
paste].
[[Page 25484]]
Dicumyl peroxide................... UN3110 >52-100................... ...... ...... <=48 ........ OP8 ........ .......... 9
Dicumyl peroxide................... Exempt <=52...................... ...... ...... >=48 ........ Exempt ........ .......... 29
Dicyclohexyl peroxydicarbonate..... UN3112 >91-100................... ...... ...... ...... ........ OP3 10 15 ...........
Dicyclohexyl peroxydicarbonate..... UN3114 <=91...................... ...... ...... ...... >=9 OP5 10 15 ...........
Dicyclohexyl peroxydicarbonate [as UN3119 <=42...................... ...... ...... ...... ........ OP8 15 20 ...........
a stable dispersion in water].
Didecanoyl peroxide................ UN3114 <=100..................... ...... ...... ...... ........ OP6 30 35 ...........
2,2-Di-(4,4-di(tert- UN3106 <=42...................... ...... ...... >=58 ........ OP7 ........ .......... ...........
butylperoxy)cyclohexyl)propane.
2,2-Di-(4,4-di(tert- UN3107 <=22...................... ...... >=78 ...... ........ OP8 ........ .......... ...........
butylperoxy)cyclohexyl)propane.
Di-2,4-dichlorobenzoyl peroxide.... UN3102 <=77...................... ...... ...... ...... >=23 OP5 ........ .......... ...........
Di-2,4-dichlorobenzoyl peroxide [as UN3106 <=52...................... ...... ...... ...... ........ OP7 ........ .......... ...........
a paste with silicone oil].
Di-(2-ethoxyethyl) UN3115 <=52...................... ...... >=48 ...... ........ OP7 -10 0 ...........
peroxydicarbonate.
Di-(2-ethylhexyl) peroxydicarbonate UN3113 >77-100................... ...... ...... ...... ........ OP5 -20 -10 ...........
Di-(2-ethylhexyl) peroxydicarbonate UN3115 <=77...................... ...... >=23 ...... ........ OP7 -15 -5 ...........
Di-(2-ethylhexyl) peroxydicarbonate UN3119 <=62...................... ...... ...... ...... ........ OP8 -15 -5 ...........
[as a stable dispersion in water].
Di-(2-ethylhexyl) peroxydicarbonate UN3119 <=52...................... ...... ...... ...... ........ OP8 -15 -5 ...........
[as a stable dispersion in water].
Di-(2-ethylhexyl) peroxydicarbonate UN3120 <=52...................... ...... ...... ...... ........ OP8 -15 -5 ...........
[as a stable dispersion in water
(frozen)].
2,2-Dihydroperoxypropane........... UN3102 <=27...................... ...... ...... >=73 ........ OP5 ........ .......... ...........
Di-(1-hydroxycyclohexyl)peroxide... UN3106 <=100..................... ...... ...... ...... ........ OP7 ........ .......... ...........
Diisobutyryl peroxide.............. UN3111 >32-52.................... ...... >=48 ...... ........ OP5 -20 -10 ...........
Diisobutyryl peroxide [as a stable UN3119 <=42...................... ...... ...... ...... ........ OP8 -20 -10 ...........
dispersion in water].
Diisobutyryl peroxide.............. UN3115 <=32...................... ...... >=68 ...... ........ OP7 -20 -10 ...........
Diisopropylbenzene dihydroperoxide. UN3106 <=82...................... >=5 ...... ...... >=5 OP7 ........ .......... 17
Diisopropyl peroxydicarbonate...... UN3112 >52-100................... ...... ...... ...... ........ OP2 -15 -5 ...........
Diisopropyl peroxydicarbonate...... UN3115 <=52...................... ...... >=48 ...... ........ OP7 -20 -10 ...........
Diisopropyl peroxydicarbonate...... UN3115 <=32...................... >=68 ...... ...... ........ OP7 -15 -5 ...........
Dilauroyl peroxide................. UN3106 <=100..................... ...... ...... ...... ........ OP7 ........ .......... ...........
Dilauroyl peroxide [as a stable UN3109 <=42...................... ...... ...... ...... ........ OP8 ........ .......... ...........
dispersion in water].
Di-(3-methoxybutyl) UN3115 <=52...................... ...... >=48 ...... ........ OP7 -5 5 ...........
peroxydicarbonate.
Di-(2-methylbenzoyl)peroxide....... UN3112 <=87...................... ...... ...... ...... >=13 OP5 30 35 ...........
Di-(4-methylbenzoyl)peroxide [as a UN3106 <=52...................... ...... ...... ...... ........ OP7 ........ .......... ...........
paste with silicone oil].
Di-(3-methylbenzoyl) peroxide + UN3115 <=20 + <=18 + <=4......... ...... >=58 ...... ........ OP7 35 40 ...........
Benzoyl (3-methylbenzoyl) peroxide
+ Dibenzoyl peroxide.
2,5-Dimethyl-2,5-di- UN3102 >82-100................... ...... ...... ...... ........ OP5 ........ .......... ...........
(benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di- UN3106 <=82...................... ...... ...... >=18 ........ OP7 ........ .......... ...........
(benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di- UN3104 <=82...................... ...... ...... ...... >=18 OP5 ........ .......... ...........
(benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3103 >90-100................... ...... ...... ...... ........ OP5 ........ .......... ...........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3105 >52-90.................... >=10 ...... ...... ........ OP7 ........ .......... ...........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3108 <=77...................... ...... ...... >=23 ........ OP8 ........ .......... ...........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3109 <=52...................... >=48 ...... ...... ........ OP8 ........ .......... ...........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3108 <=47...................... ...... ...... ...... ........ OP8 ........ .......... ...........
butylperoxy)hexane [as a paste].
2,5-Dimethyl-2,5-di-(tert- UN3101 >86-100................... ...... ...... ...... ........ OP5 ........ .......... ...........
butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(tert- UN3103 >52-86.................... >=14 ...... ...... ........ OP5 ........ .......... ...........
butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(tert- UN3106 <=52...................... ...... ...... >=48 ........ OP7 ........ .......... ...........
butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(2- UN3113 <=100..................... ...... ...... ...... ........ OP5 20 25 ...........
ethylhexanoylperoxy)hexane.
2,5-Dimethyl-2,5- UN3104 <=82...................... ...... ...... ...... >=18 OP6 ........ .......... ...........
dihydroperoxyhexane.
2,5-Dimethyl-2,5-di-(3,5,5- UN3105 <=77...................... >=23 ...... ...... ........ OP7 ........ .......... ...........
trimethylhexanoylperoxy)hexane.
1,1-Dimethyl-3- UN3117 <=52...................... >=48 ...... ...... ........ OP8 0 10 ...........
hydroxybutylperoxyneoheptanoate.
Dimyristyl peroxydicarbonate....... UN3116 <=100..................... ...... ...... ...... ........ OP7 20 25 ...........
Dimyristyl peroxydicarbonate [as a UN3119 <=42...................... ...... ...... ...... ........ OP8 20 25 ...........
stable dispersion in water].
Di-(2- UN3115 <=52...................... >=48 ...... ...... ........ OP7 -10 0 ...........
neodecanoylperoxyisopropyl)benzene.
Di-(2-neodecanoyl-peroxyisopropyl) UN3119 <=42...................... ...... ...... ...... ........ OP8 -15 -5 ...........
benzene, as stable dispersion in
water.
Di-n-nonanoyl peroxide............. UN3116 <=100..................... ...... ...... ...... ........ OP7 0 10 ...........
Di-n-octanoyl peroxide............. UN3114 <=100..................... ...... ...... ...... ........ OP5 10 15 ...........
Di-(2- UN3102 >85-100................... ...... ...... ...... ........ OP5 ........ .......... ...........
phenoxyethyl)peroxydicarbonate.
Di-(2- UN3106 <=85...................... ...... ...... ...... >=15 OP7 ........ .......... ...........
phenoxyethyl)peroxydicarbonate.
Dipropionyl peroxide............... UN3117 <=27...................... ...... >=73 ...... ........ OP8 15 20 ...........
Di-n-propyl peroxydicarbonate...... UN3113 <=100..................... ...... ...... ...... ........ OP3 -25 -15 ...........
[[Page 25485]]
Di-n-propyl peroxydicarbonate...... UN3113 <=77...................... ...... >=23 ...... ........ OP5 -20 -10 ...........
Disuccinic acid peroxide........... UN3102 >72-100................... ...... ...... ...... ........ OP4 ........ .......... 18
Disuccinic acid peroxide........... UN3116 <=72...................... ...... ...... ...... >=28 OP7 10 15 ...........
Di-(3,5,5-trimethylhexanoyl) UN3115 >52-82.................... >=18 ...... ...... ........ OP7 0 10 ...........
peroxide.
Di-(3,5,5- UN3119 <=52...................... ...... ...... ...... ........ OP8 10 15 ...........
trimethylhexanoyl)peroxide [as a
stable dispersion in water].
Di-(3,5,5-trimethylhexanoyl) UN3119 >38-52.................... >=48 ...... ...... ........ OP8 10 15 ...........
peroxide.
Di-(3,5,5- UN3119 <=38...................... >=62 ...... ...... ........ OP8 20 25 ...........
trimethylhexanoyl)peroxide.
Ethyl 3,3-di-(tert- UN3105 <=67...................... >=33 ...... ...... ........ OP7 ........ .......... ...........
amylperoxy)butyrate.
Ethyl 3,3-di-(tert- UN3103 >77-100................... ...... ...... ...... ........ OP5 ........ .......... ...........
butylperoxy)butyrate.
Ethyl 3,3-di-(tert- UN3105 <=77...................... >=23 ...... ...... ........ OP7 ........ .......... ...........
butylperoxy)butyrate.
Ethyl 3,3-di-(tert- UN3106 <=52...................... ...... ...... >=48 ........ OP7 ........ .......... ...........
butylperoxy)butyrate.
1-(2-ethylhexanoylperoxy)-1,3- UN3115 <=52...................... >=45 >=10 ...... ........ OP7 -20 -10 ...........
Dimethylbutyl peroxypivalate.
tert-Hexyl peroxyneodecanoate...... UN3115 <=71...................... >=29 ...... ...... ........ OP7 0 10 ...........
tert-Hexyl peroxypivalate.......... UN3115 <=72...................... ...... >=28 ...... ........ OP7 10 15 ...........
tert-Hexyl peroxypivalate.......... UN3117 <=52 as a stable ...... ...... ...... ........ OP8 +15 +20 ...........
dispersion in water.
3-Hydroxy-1,1-dimethylbutyl UN3115 <=77...................... >=23 ...... ...... ........ OP7 -5 5 ...........
peroxyneodecanoate.
3-Hydroxy-1,1-dimethylbutyl UN3119 <=52...................... ...... ...... ...... ........ OP8 -5 5 ...........
peroxyneodecanoate [as a stable
dispersion in water].
3-Hydroxy-1,1-dimethylbutyl UN3117 <=52...................... >=48 ...... ...... ........ OP8 -5 5 ...........
peroxyneodecanoate.
Isopropyl sec-butyl UN3111 <=52 + <=28 + <=22........ ...... ...... ...... ........ OP5 -20 -10 ...........
peroxydicarbonat + Di-sec-butyl
peroxydicarbonate + Di-isopropyl
peroxydicarbonate.
Isopropyl sec-butyl UN3115 <=32 + <=15 -18 + <=12 -15 >=38 ...... ...... ........ OP7 -20 -10 ...........
peroxydicarbonate + Di-sec-butyl
peroxydicarbonate + Di-isopropyl
peroxydicarbonate.
Isopropylcumyl hydroperoxide....... UN3109 <=72...................... >=28 ...... ...... ........ OP8 ........ .......... 13
p-Menthyl hydroperoxide............ UN3105 >72-100................... ...... ...... ...... ........ OP7 ........ .......... 13
p-Menthyl hydroperoxide............ UN3109 <=72...................... >=28 ...... ...... ........ OP8 ........ .......... ...........
Methylcyclohexanone peroxide(s).... UN3115 <=67...................... ...... >=33 ...... ........ OP7 35 40 ...........
Methyl ethyl ketone peroxide(s).... UN3101 <=52...................... >=48 ...... ...... ........ OP5 ........ .......... 5, 13
Methyl ethyl ketone peroxide(s).... UN3105 <=45...................... >=55 ...... ...... ........ OP7 ........ .......... 5
Methyl ethyl ketone peroxide(s).... UN3107 <=40...................... >=60 ...... ...... ........ OP8 ........ .......... 7
Methyl isobutyl ketone peroxide(s). UN3105 <=62...................... >=19 ...... ...... ........ OP7 ........ .......... 5, 23
Methyl isopropyl ketone peroxide(s) UN3109 (See remark 31)........... >=70 ...... ...... ........ OP8 ........ .......... 31
Organic peroxide, liquid, sample... UN3103 .......................... ...... ...... ...... ........ OP2 ........ .......... 12
Organic peroxide, liquid, sample, UN3113 .......................... ...... ...... ...... ........ OP2 ........ .......... 12
temperature controlled.
Organic peroxide, solid, sample.... UN3104 .......................... ...... ...... ...... ........ OP2 ........ .......... 12
Organic peroxide, solid, sample, UN3114 .......................... ...... ...... ...... ........ OP2 ........ .......... 12
temperature controlled.
3,3,5,7,7-Pentamethyl-1,2,4- UN3107 <=100..................... ...... ...... ...... ........ OP8 ........ .......... ...........
Trioxepane.
Peroxyacetic acid, type D, UN3105 <=43...................... ...... ...... ...... ........ OP7 ........ .......... 13, 20
stabilized.
Peroxyacetic acid, type E, UN3107 <=43...................... ...... ...... ...... ........ OP8 ........ .......... 13, 20
stabilized.
Peroxyacetic acid, type F, UN3109 <=43...................... ...... ...... ...... ........ OP8 ........ .......... 13, 20, 28
stabilized.
Peroxyacetic acid or peracetic acid UN3107 <=36...................... ...... ...... ...... >=15 OP8 ........ .......... 13, 20, 28
[with not more than 7% hydrogen
peroxide].
Peroxyacetic acid or peracetic acid Exempt <=6....................... ...... ...... ...... >=60 Exempt ........ .......... 28
[with not more than 20% hydrogen
peroxide].
Peroxyacetic acid or peracetic acid UN3109 <=17...................... ...... ...... ...... ........ OP8 ........ .......... 13, 20, 28
[with not more than 26% hydrogen
peroxide].
Peroxylauric acid.................. UN3118 <=100..................... ...... ...... ...... ........ OP8 35 40 ...........
1-Phenylethyl hydroperoxide........ UN3109 <=38...................... ...... >=62 ...... ........ OP8 ........ .......... ...........
Pinanyl hydroperoxide.............. UN3105 >56-100................... ...... ...... ...... ........ OP7 ........ .......... 13
Pinanyl hydroperoxide.............. UN3109 <=56...................... >=44 ...... ...... ........ OP8 ........ .......... ...........
Polyether poly-tert- UN3107 <=52...................... ...... >=48 ...... ........ OP8 ........ .......... ...........
butylperoxycarbonate.
Tetrahydronaphthyl hydroperoxide... UN3106 <=100..................... ...... ...... ...... ........ OP7 ........ .......... ...........
1,1,3,3-Tetramethylbutyl UN3105 <=100..................... ...... ...... ...... ........ OP7 ........ .......... ...........
hydroperoxide.
1,1,3,3-Tetramethylbutyl peroxy-2- UN3115 <=100..................... ...... ...... ...... ........ OP7 15 20 ...........
ethylhexanoate.
1,1,3,3-Tetramethylbutyl UN3115 <=72...................... ...... >=28 ...... ........ OP7 -5 5 ...........
peroxyneodecanoate.
1,1,3,3-Tetramethylbutyl UN3119 <=52...................... ...... ...... ...... ........ OP8 -5 5 ...........
peroxyneodecanoate [as a stable
dispersion in water].
1,1,3,3-tetramethylbutyl UN3115 <=77...................... >=23 ...... ...... ........ OP7 0 10 ...........
peroxypivalate.
3,6,9-Triethyl-3,6,9-trimethyl- UN3110 <=17...................... >=18 ...... >=65 ........ OP8 ........ .......... ...........
1,4,7-triperoxonane.
[[Page 25486]]
3,6,9-Triethyl-3,6,9-trimethyl- UN3105 <=42...................... >=58 ...... ...... ........ OP7 ........ .......... 26
1,4,7-triperoxonane.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. For domestic shipments, OP8 is authorized.
2. Available oxygen must be <4.7%.
3. For concentrations <80% OP5 is allowed. For concentrations of at least 80% but <85%, OP4 is allowed. For concentrations of at least 85%, maximum
package size is OP2.
4. The diluent may be replaced by di-tert-butyl peroxide.
5. Available oxygen must be <=9% with or without water.
6. For domestic shipments, OP5 is authorized.
7. Available oxygen must be <=8.2% with or without water.
8. Only non-metallic packagings are authorized.
9. For domestic shipments this material may be transported under the provisions of paragraph (h)(3)(xii) of this section.
10. [Reserved]
11. [Reserved]
12. Samples may only be offered for transportation under the provisions of paragraph (b)(2) of this section.
13. ``Corrosive'' subsidiary risk label is required.
14. [Reserved]
15. No ``Corrosive'' subsidiary risk label is required for concentrations below 80%.
16. With <6% di-tert-butyl peroxide.
17. With <=8% 1-isopropylhydroperoxy-4-isopropylhydroxybenzene.
18. Addition of water to this organic peroxide will decrease its thermal stability.
19. [Reserved]
20. Mixtures with hydrogen peroxide, water, and acid(s).
21. With diluent type A, with or without water.
22. With >=36%% diluent type A by mass, and in addition ethylbenzene.
23. With >=19% diluent type A by mass, and in addition methyl isobutyl ketone.
24. Diluent type B with boiling point >100 C.
25. No ``Corrosive'' subsidiary risk label is required for concentrations below 56%.
26. Available oxygen must be <=7.6%.
27. Formulations derived from distillation of peroxyacetic acid originating from peroxyacetic acid in a concentration of not more than 41% with water,
total active oxygen less than or equal to 9.5% (peroxyacetic acid plus hydrogen peroxide).
28. For the purposes of this section, the names ``Peroxyacetic acid'' and ``Peracetic acid'' are synonymous.
29. Not subject to the requirements of this subchapter for Division 5.2.
30. Diluent type B with boiling point >130 [deg]C (266 [deg]F).
31. Available oxygen <=6.7%.
32. Active oxygen concentration <=4.15%.
* * * * *
(g) * * *
Table 4 to Paragraph (g)--Organic Peroxide Portable Tank Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum shell
Minimum test thickness (mm- Bottom opening Pressure-relief Control Emergency
UN No. Hazardous material pressure reference steel) requirements See requirements See Filling limits temperature temperature
(bar) See . . . . . . . . .
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
3109................................. ORGANIC PEROXIDE, TYPE
F, LIQUID.
* * * * * * *
tert-Butyl 4 Sec. Sec. Sec. Not more than 90% at 59
hydroperoxide, not 178.274(d)(2) 178.275(d)(3) 178.275(g)(1) [deg]F (15 [deg]C).
more than 56% with
diluent type B \2\.
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. ``Corrosive'' subsidiary risk placard is required.
2. Diluent type B is tert-Butyl alcohol.
* * * * *
0
20. In Sec. 173.232, add paragraph (h) to read as follows:
Sec. 173.232 Articles containing hazardous materials, n.o.s.
* * * * *
(h) For transport by aircraft, the following additional
requirements apply:
(1) Articles transported under UN3548, which do not have an
existing proper shipping name, and which contain only environmentally
hazardous substances where the quantity of the environmentally
hazardous substance in the article exceeds 5 L or 5 kg, must be
prepared for transport in accordance with this section for transport by
air. In addition to the environmentally hazardous substance, the
article may also contain lithium cells or batteries that comply with
Sec. 173.185(c)(4).
(2) Articles transported under UN3538, which do not have an
existing proper shipping name, and which contain only gases of Division
2.2 without a subsidiary hazard, but excluding refrigerated liquefied
gases and gases forbidden for transport on
[[Page 25487]]
passenger aircraft, where the quantity of the Division 2.2 gas exceeds
the quantity limits for UN 3363, as prescribed in Sec. 173.222 must be
prepared for transport in accordance with this section. Articles
transported under this provision are limited to a maximum net quantity
of gas of 75 kg by passenger aircraft and 150 kg by cargo-only
aircraft. In addition to the Division 2.2 gas, the article may also
contain lithium cells or batteries that comply with Sec.
173.185(c)(4).
0
21. In Sec. 173.301b, revise paragraphs (c)(1), (c)(2)(ii) through
(iv), (d)(1), and (f) to read as follows:
Sec. 173.301b Additional general requirements for shipment of UN
pressure receptacles.
* * * * *
(c) * * *
(1) When the use of a valve is prescribed, the valve must conform
to the requirements in ISO 10297:2014(E) and ISO 10297:2014/Amd 1:2017
(IBR, see Sec. 171.7 of this subchapter). Quick release cylinder
valves for specification and type testing must conform to the
requirements in ISO 17871:2020 or, until December 31, 2026, ISO
17871:2015(E) (IBR, see Sec. 171.7 of this subchapter). Until December
31, 2026, a quick release valve conforming to the requirements in ISO
17871:2015(E) (IBR, see Sec. 171.7 of this subchapter) continues to be
authorized for use.
(2) * * *
(ii) By equipping the UN pressure receptacle with a valve cap
conforming to the requirements of ISO 11117:1998(E), ISO 11117:2008(E)
and Technical Corrigendum 1, or ISO 11117:2019(E) (IBR, see Sec. 171.7
of this subchapter). Until December 31, 2026, the manufacture of a
valve cap conforming to the requirements ISO 11117:2008(E) and
Technical Corrigendum 1 (IBR, see Sec. 171.7 of this subchapter) is
authorized. Until December 31, 2014, the manufacture of a valve cap
conforming to the requirements in ISO 11117:1998(E) (IBR, see Sec.
171.7 of this subchapter) was authorized. The cap must have vent holes
of sufficient cross-sectional area to evacuate the gas if leakage
occurs at the valve.
(iii) By protecting the valves with shrouds or guards conforming to
the requirements in ISO 11117:2019 (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2026, the valves may continue to be
protected by shrouds or guards conforming to the requirements in ISO
11117:2008 and Technical Corrigendum 1 (IBR, see Sec. 171.7 of this
subchapter). For metal hydride storage systems, by protecting the
valves in accordance with the requirements in ISO 16111:2018(E) or,
until December 31, 2026, in accordance with ISO 16111:2008(E) (IBR, see
Sec. 171.7 of this subchapter).
(iv) By using valves designed and constructed with sufficient
inherent strength to withstand damage, in accordance with Annex B of
ISO 10297:2014(E)/Amd. 1:2017 (IBR, see Sec. 171.7 of this
subchapter);
* * * * *
(d) Non-refillable UN pressure receptacles. (1) When the use of a
valve is prescribed, the valve must conform to the requirements in ISO
11118:2015(E) and ISO 11118:2015/Amd 1:2019 until further notice.
Conformance with ISO 11118:2015 without the supplemental amendment is
authorized until December 31, 2026 (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
(f) Hydrogen bearing gases. A steel UN pressure receptacle or a UN
composite pressure receptacle with a steel liner bearing an ``H'' mark
must be used for hydrogen bearing gases or other embrittling gases that
have the potential of causing hydrogen embrittlement.
* * * * *
0
22. In Sec. 173.302b, add paragraph (g) to read as follows:
Sec. 173.302b Additional requirements for shipment of non-liquefied
(permanent) compressed gases in UN pressure receptacles.
* * * * *
(g) Mixtures of Fluorine with Nitrogen. Mixtures of fluorine and
nitrogen with a fluorine concentration below 35% by volume may be
filled in pressure receptacles up to a maximum allowable working
pressure for which the partial pressure of fluorine does not exceed 31
bar (abs.).
[GRAPHIC] [TIFF OMITTED] TR10AP24.015
in which Xf = fluorine concentration in % by volume/100.
Mixtures of fluorine and inert gases with a fluorine concentration
below 35% by volume may be filled in pressure receptacles up to a
maximum allowable working pressure for which the partial pressure of
fluorine does not exceed 31 bar (abs.), additionally taking the
coefficient of nitrogen equivalency in accordance with ISO 10156:2017
into account when calculating the partial pressure.
[GRAPHIC] [TIFF OMITTED] TR10AP24.016
in which Xf = fluorine concentration in % by volume/100.
Kk = coefficient of equivalency of an inert gas relative
to nitrogen (coefficient of nitrogen equivalency)
Xk = inert gas concentration in % by volume/100
However, the working pressure for mixtures of fluorine and inert
gases shall not exceed 200 bar. The minimum test pressure of pressure
receptacles for mixtures of fluorine and inert gases equals 1.5 times
the working pressure or 200 bar, with the greater value to be applied.
* * * * *
0
23. In Sec. 173.302c, revise paragraph (k) to read as follows:
Sec. 173.302c Additional requirements for the shipment of adsorbed
gases in UN pressure receptacles.
* * * * *
(k) The filling procedure must be in accordance with Annex A of ISO
11513:2019 (IBR, see Sec. 171.7 of this subchapter). Until December
31, 2026, filling may instead be in accordance with Annex A of ISO
11513:2011(E) (IBR, see Sec. 171.7 of this subchapter).
* * * * *
0
24. Revise Sec. 173.311 to read as follows:
Sec. 173.311 Metal Hydride Storage Systems.
The following packing instruction is applicable to transportable UN
Metal hydride storage systems (UN3468) with pressure receptacles not
exceeding 150 liters (40 gallons) in water capacity, and having a
maximum developed pressure not exceeding 25 MPa. UN Metal hydride
storage systems must be designed, constructed, initially inspected, and
tested in accordance with ISO 16111:2018 (IBR, see Sec. 171.7 of this
subchapter), consistent with Sec. 178.71(m) of this subchapter. Until
December 31, 2026, UN Metal hydride storage systems may instead conform
to ISO 16111:2008(E) (IBR, see Sec. 171.7 of this subchapter). Steel
pressure receptacles or composite pressure receptacles with steel
liners must be marked in accordance with
[[Page 25488]]
Sec. 173.301b(f), which specifies that a steel UN pressure receptacle
displaying an ``H'' mark must be used for hydrogen-bearing gases or
other gases that may cause hydrogen embrittlement. Requalification
intervals must be no more than every five years, as specified in Sec.
180.207 of this subchapter, in accordance with the requalification
procedures prescribed in ISO 16111:2018 or ISO 16111:2008.
* * * * *
PART 175--CARRIAGE BY AIRCRAFT
0
25. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.81 and 1.97.
0
26. In Sec. 175.1, add paragraph (e) to read as follows:
Sec. 175.1 Purpose, scope, and applicability.
* * * * *
(e) In addition to the requirements of this part, air carriers that
are certificate holders authorized to conduct operations in accordance
with 14 CFR part 121 are also required to have a Safety Management
System that meets the conditions of 14 CFR part 5 and is acceptable to
the Federal Aviation Administration (FAA) Administrator.
0
27. In Sec. 175.10, revise paragraph (a) introductory text, (a)(14)
introductory text, (a)(15)(v)(A), (a)(15)(vi)(A), (a)(17)(ii)(C),
(a)(18) introductory text, and (a)(26) introductory text to read as
follows:
Sec. 175.10 Exceptions for passengers, crewmembers, and air
operators.
* * * * *
(a) This subchapter does not apply to the following hazardous
materials when carried by aircraft passengers or crewmembers provided
the requirements of Sec. Sec. 171.15 and 171.16 of this subchapter
(see paragraph (c) of this section) and the requirements of this
section are met. The most appropriate description of the hazardous
material item or article must be selected and the associated conditions
for exception must be followed:
* * * * *
(14) Battery powered heat-producing devices (e.g., battery-operated
equipment such as diving lamps and soldering equipment) as checked or
carry-on baggage and with the approval of the operator of the aircraft.
The heating element, the battery, or other component (e.g., fuse) must
be isolated to prevent unintentional activation during transport. Any
battery that is removed must be carried in accordance with the
provisions for spare batteries in paragraph (a)(18) of this section.
Each lithium battery must be of a type that meets the requirements of
each test in the UN Manual of Tests and Criteria, Part III, Subsection
38.3 (IBR, see Sec. 171.7 of this subchapter), and each installed or
spare lithium battery:
* * * * *
(15) * * *
(v) * * *
(A) Adequately protected against damage by design of the wheelchair
or mobility aid and securely attached to the wheelchair or mobility
aid; or
* * * * *
(vi) * * *
(A) Adequately protected against damage by design of the wheelchair
or mobility aid and securely attached to the wheelchair or mobility
aid; or
* * * * *
(17) * * *
(ii) * * *
(C) The battery is adequately protected against damage by design of
the wheelchair or mobility aid and securely attached to the wheelchair
or other mobility aid; and
* * * * *
(18) Except as provided in Sec. 173.21 of this subchapter,
portable electronic devices (e.g., watches, calculating machines,
cameras, cellular phones, laptop and notebook computers, camcorders,
medical devices, etc.), containing dry cells or dry batteries
(including lithium cells or batteries) and spare dry cells or batteries
for these devices, when carried by passengers or crew members for
personal use. Portable electronic devices powered by lithium batteries
may be carried in either checked or carry-on baggage. When carried in
checked baggage, portable electronic devices powered by lithium
batteries must be completely switched off (i.e., not in sleep or
hibernation mode) and protected to prevent unintentional activation or
damage, except portable electronic devices powered by lithium batteries
with lithium content not exceeding 0.3 grams for lithium metal
batteries and 2.7 Wh for lithium ion batteries are not required to be
switched off. Spare lithium batteries must be carried in carry-on
baggage only. Each installed or spare lithium battery must be of a type
proven to meet the requirements of each test in the UN Manual of Tests
and Criteria, Part III, Sub-section 38.3, and each spare lithium
battery must be individually protected so as to prevent short circuits
(e.g., by placement in original retail packaging, by otherwise
insulating terminals by taping over exposed terminals, or placing each
battery in a separate plastic bag or protective pouch). In addition,
each installed or spare lithium battery:
* * * * *
(26) Baggage equipped with lithium batteries must be carried as
carry-on baggage unless the lithium batteries are removed from the
baggage. Each lithium battery must be of a type which meets the
requirements of each test in the UN Manual of Tests and Criteria, Part
III, Subsection 38.3 (IBR, see Sec. 171.7 of this subchapter).
Additionally, removed batteries must be carried in accordance with the
provision for spare batteries prescribed in paragraph (a)(18) of this
section. Baggage equipped with lithium batteries may be carried as
checked baggage and electronic features may remain active if the
batteries do not exceed:
* * * * *
0
28. In Sec. 175.33, revise paragraph (a)(13)(iii) to read as follows:
Sec. 175.33 Shipping paper and information to the pilot-in-command.
(a) * * *
(13) * * *
(iii) UN3481 and UN3091 are not required to appear on the
information provided to the pilot-in-command when prepared in
accordance with Sec. 173.185(c).
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
29. 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
30. In Sec. 178.37, revise paragraph (j) to read as follows:
Sec. 178.37 Specification 3AA and 3AAX seamless steel cylinders.
* * * * *
(j) Flattening test. A flattening test must be performed on one
cylinder, taken at random out of each lot of 200 or fewer, by placing
the cylinder between wedge shaped knife edges, having a 60-degree
included angle, rounded to \1/2\-inch radius. The longitudinal axis of
the cylinder must be at a 90-degree angle to the knife edges during the
test. For lots of 30 or fewer, flattening tests are authorized to be
made on a ring at least eight (8) inches long, cut from each cylinder
and subjected to the same heat treatment as the finished cylinder.
Cylinders may be subjected to a bend test in lieu of the flattening
test. Two bend test specimens must be taken in accordance with ISO
9809-1:2019(E) or ASTM E290 (IBR, see Sec. 171.7 of this subchapter),
and must be
[[Page 25489]]
subjected to the bend test specified therein.
* * * * *
0
31. In Sec. 178.71, revise paragraphs (f)(4), (g), (i), (k)(1)(i) and
(ii), (m), and (n) to read as follows:
Sec. 178.71 Specifications for UN pressure receptacles.
* * * * *
(f) * * *
(4) ISO 21172-1:2015(E) Gas cylinders--Welded steel pressure drums
up to 3,000 litres capacity for the transport of gases--Design and
construction--Part 1: Capacities up-to 1,000 litres (IBR, see Sec.
171.7 of this subchapter) in combination with ISO 21172-1:2015/Amd
1:2018(E)--Gas Cylinders--Welded steel pressure drums up to 3,000
litres capacity for the transport of gases--Design and construction--
Part 1: Capacities up--to 1,000 litres--Amendment 1 (IBR, see Sec.
171.7 of this subchapter). Until December 31, 2026, the use of ISO
21172-1:2015 (IBR, see Sec. 171.7 of this subchapter) without the
supplemental amendment is authorized.
* * * * *
(g) Design and construction requirements for UN refillable seamless
steel cylinders. In addition to the general requirements of this
section, UN refillable seamless steel cylinders must conform to the
following ISO standards, as applicable:
(1) ISO 9809-1:2019(E), Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction, and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa (IBR,
see Sec. 171.7 of this subchapter). Until December 31, 2026, the
manufacture of a cylinder conforming to the requirements in ISO 9809-
1:2010(E) (IBR, see Sec. 171.7 of this subchapter) is authorized.
(2) ISO 9809-2:2019(E), Gas cylinders--Design, construction, and
testing of refillable seamless steel gas cylinders and tubes--Part 2:
Quenched and tempered steel cylinders and tubes with tensile strength
greater than or equal to 1100 MPa (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2026, the manufacture of a cylinder
conforming to the requirements in ISO 9809-2:2010 (IBR, see Sec. 171.7
of this subchapter) is authorized.
(3) ISO 9809-3:2019(E), Gas cylinders--Design, construction, and
testing of refillable seamless steel gas cylinders and tubes--Part 3:
Normalized steel cylinders and tubes. (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2026, a cylinder may instead conform to
ISO 9809-3:2010(E) (IBR, see Sec. 171.7 of this subchapter).
(4) ISO 9809-4:2014(E), Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction, and testing--Part 4: Stainless
steel cylinders with an Rm value of less than 1,100 MPa (IBR, see Sec.
171.7 of this subchapter).
* * * * *
(i) Design and construction requirements for UN non-refillable
metal cylinders. In addition to the general requirements of this
section, UN non-refillable metal cylinders must conform to ISO
11118:2015(E) Gas cylinders--Non-refillable metallic gas cylinders--
Specification and test methods, in combination with ISO 11118:2015/Amd
1:2019 Gas cylinders--Non-refillable metallic gas cylinders--
Specification and test methods--Amendment 1. (IBR, see Sec. 171.7 of
this subchapter). Until December 31, 2026, the use of ISO 11118:2015
(IBR, see Sec. 171.7 of this subchapter) without the supplemental
amendment is authorized.
* * * * *
(k) * * *
(1) * * *
(i) ISO 9809-1:2019(E) Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction, and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa (IBR,
see Sec. 171.7 of this subchapter). Until December 31, 2026, the
manufacture of a cylinder conforming to the requirements in ISO 9809-
1:2010(E) (IBR, see Sec. 171.7 of this subchapter) is authorized.
(ii) ISO 9809-3:2019(E) Gas cylinders--Design, construction, and
testing of refillable seamless steel gas cylinders and tubes--Part 3:
Normalized steel cylinders and tubes (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2026, the manufacture of a cylinder
conforming to the requirements in ISO 9809-3:2010(E) (IBR, see Sec.
171.7 of this subchapter) is authorized.
* * * * *
(m) Design and construction requirements for UN metal hydride
storage systems. In addition to the general requirements of this
section, metal hydride storage systems must conform to ISO
16111:2018(E) Transportable gas storage devices--Hydrogen absorbed in
reversible metal hydride (IBR, see Sec. 171.7 of this subchapter).
Until December 31, 2026, the manufacture of a UN metal hydride storage
system conforming to the requirements in ISO 16111:2008 (IBR, see Sec.
171.7 of this subchapter) is authorized.
(n) Design and construction requirements for UN cylinders for the
transportation of adsorbed gases. In addition to the general
requirements of this section, UN cylinders for the transportation of
adsorbed gases must conform to the following ISO standards, as
applicable:
(1) ISO 11513:2019, Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene)--Design, construction, testing, use and periodic
inspection (IBR, see Sec. 171.7 of this subchapter). Until December
31, 2026, the manufacture of a cylinder conforming to the requirements
in ISO 11513:2011(E) (IBR, see Sec. 171.7 of this subchapter) is
authorized.
(2) ISO 9809-1:2019(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction, and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa (IBR,
see Sec. 171.7 of this subchapter). Until December 31, 2026, the
manufacture of a cylinder conforming to the requirements in ISO 9809-
1:2010(E) (IBR, see Sec. 171.7 of this subchapter is authorized.
* * * * *
0
32. In Sec. 178.75, revise paragraph (d)(3) introductory text and
paragraphs (d)(3)(i) through (iii) to read as follows:
Sec. 178.75 Specifications for MEGCs.
* * * * *
(d) * * *
(3) Each pressure receptacle of a MEGC must be of the same design
type, seamless steel, or composite, and constructed and tested
according to one of the following ISO standards:
(i) ISO 9809-1:2019(E), Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction, and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa (IBR,
see Sec. 171.7 of this subchapter). Until December 31, 2026, the
manufacture of a cylinder conforming to the requirements in ISO 9809-
1:2010(E) (IBR, see Sec. 171.7 of this subchapter) is authorized.
(ii) ISO 9809-2:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 2:
Quenched and tempered steel cylinders and tubes with tensile strength
greater than or equal to 1100 MPa (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2026, the manufacture of a cylinder
conforming to the requirements in \ ISO 9809-2:2010(E) (IBR, see Sec.
171.7 of this subchapter) is authorized.
(iii) ISO 9809-3:2019(E), Gas cylinders--Design, construction, and
[[Page 25490]]
testing of refillable seamless steel gas cylinders and tubes--Part 3:
Normalized steel cylinders and tubes (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2026, the manufacture of a cylinder
conforming to the requirements in ISO 9809-3:2010(E) (IBR, see Sec.
171.7 of this subchapter) is authorized.
* * * * *
0
33. In Sec. 178.609, revise paragraph (d)(2) to read as follows:
Sec. 178.609 Test requirements for packagings for infectious
substances.
* * * * *
(d) * * *
(2) Where the samples are in the shape of a drum or jerrican, three
samples must be dropped, one in each of the following orientations:
(i) Diagonally on the top edge, with the center of gravity directly
above the point of impact;
(ii) Diagonally on the base edge; and
(iii) Flat on the body or side.
* * * * *
0
34. In Sec. 178.706, revise paragraph (c)(3) to read as follows:
Sec. 178.706 Standards for rigid plastic IBCs.
* * * * *
(c) * * *
(3) No used material other than production residues or regrind from
the same manufacturing process may be used in the manufacture of rigid
plastic IBCs unless approved by the Associate Administrator.
* * * * *
0
35. In Sec. 178.707, revise paragraph (c)(3)(iii) to read as follows:
Sec. 178.707 Standards for composite IBCs.
* * * * *
(c) * * *
(3) * * *
(iii) No used material, other than production residues or regrind
from the same manufacturing process, may be used in the manufacture of
inner receptacles unless approved by the Associate Administrator.
* * * * *
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
36. 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
37. In Sec. 180.207, revise paragraphs (d)(3) and (5) and add
paragraph (d)(8) to read as follows:
Sec. 180.207 Requirements for requalification of UN pressure
receptacles.
* * * * *
(d) * * *
(3) Dissolved acetylene UN cylinders: Each dissolved acetylene
cylinder must be requalified in accordance with ISO 10462:2013(E)/Amd
1:2019 (IBR, see Sec. 171.7 of this subchapter). However, a cylinder
may continue to be requalified in accordance with ISO 10462:2013(E)
(IBR, see Sec. 171.7 of this subchapter) without the supplemental
amendment until December 31, 2024. Further, a cylinder requalified in
accordance with ISO 10462:2013(E) until December 31, 2018, may continue
to be used until its next required requalification. The porous mass and
the shell must be requalified no sooner than three (3) years, six (6)
months, from the date of manufacture. Thereafter, subsequent
requalifications of the porous mass and shell must be performed at
least once every 10 years.
* * * * *
(5) UN cylinders for adsorbed gases: Each UN cylinder for adsorbed
gases must be inspected and tested in accordance with Sec. 173.302c of
this subchapter and ISO 11513:2019(E) (IBR, see Sec. 171.7 of this
subchapter). However, a UN cylinder may continue to be requalified in
accordance with ISO 11513:2011(E) (IBR, see Sec. 171.7 of this
subchapter) until December 31, 2024.
* * * * *
(8) UN pressure drums: UN pressure drums must be inspected and
tested in accordance with ISO 23088:2020 (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
Issued in Washington, DC, on March 28, 2024, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2024-06956 Filed 4-9-24; 8:45 am]
BILLING CODE 4910-60-P
