Hazardous Materials: Harmonization With International Standards (RRR)

AGENCY:

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

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (HMR) to maintain consistency with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations. Additionally, PHMSA proposes several amendments to the HMR that result from coordination with Canada under the U.S.-Canada Regulatory Cooperation Council.

DATES:

Comments must be received by November 7, 2016.

ADDRESSES:

You may submit comments by any of the following methods:

Federal Rulemaking Portal:http://www.regulations.gov. Follow the on-line instructions for submitting comments.

Fax: 1-202-493-2251.

Mail: Docket Management System; U.S. Department of Transportation, Docket Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

Hand Delivery: To U.S. Department of Transportation, Docket Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday through Friday, except Federal holidays.

Instructions: Include the agency name and docket number PHMSA-2015-0273 (HM-215N) or RIN 2137-AF18 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to http://www.regulations.gov including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard.

Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http://www.regulations.gov.

Docket: You may view the public docket through the Internet at http://www.regulations.gov or in person at the Docket Operations office at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT:

Steven Webb, Office of Hazardous Materials Standards or Aaron Wiener, International Standards, telephone (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., 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. Harmonization Proposals in This NPRM

V. Amendments Not Being Considered for Adoption in This NPRM

VI. Section-by-Section Review

VII. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures

C. Executive Order 13132

D. Executive Order 13175

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

F. Paperwork Reduction Act

G. Regulation Identifier Number (RIN)

H. Unfunded Mandates Reform Act of 1995

I. Environment Assessment

J. Privacy Act

K. Executive Order 13609 and International Trade Analysis

L. National Technology Transfer and Advancement Act

List of Subjects

I. Executive Summary

The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) to maintain consistency with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. This rulemaking project is part of our ongoing biennial process to harmonize the HMR with international regulations and standards.

In this NPRM, PHMSA proposes to amend the HMR to maintain consistency with various international standards. The following are some of the more noteworthy proposals set forth in this NPRM:

• Incorporation by Reference: PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials standards, including the 2017-2018 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions); Amendment 38-16 to the International Maritime Dangerous Goods Code (IMDG Code); the 19th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations); the 6th Revised Edition of the United Nations Manual of Tests and Criteria; and the 6th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals. Additionally, we propose to update our incorporation by reference of the Canadian Transportation of Dangerous Goods (TDG) Regulations to include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-159 Erratum published July 16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306 Erratum published January 28, 2015; and SOR/2015-100 published May 20, 2015. Finally, in this NPRM, PHMSA proposes the adoption of updated International Organization for Standardization (ISO) standards.
• Hazardous Materials Table (HMT): PHMSA proposes amendments to the § 172.101 Hazardous Materials Table (HMT) consistent with recent changes in the Dangerous Goods List of the 19th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. Specifically, we propose amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits.
• Provisions for Polymerizing Substances: PHMSA proposes to revise the HMT consistent with amendments adopted into the UN Model Regulations. Specifically, we propose to include into the HMT four new Division 4.1 entries for polymerizing substances and to add into the HMR defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls.
• Modification of the Marine Pollutant List: PHMSA proposes to modify the list of marine pollutants in appendix B to § 172.101. The HMR maintain this list as the basis for regulating substances toxic to the aquatic environment and allow use of the criteria in the IMDG Code if a listed material does not meet the criteria for a marine pollutant. PHMSA periodically updates this list based on changes to the IMDG Code and evaluation of listed materials.
• Packaging Requirements for Water-Reactive Materials Transported by Vessel: PHMSA proposes various amendments to packaging requirements for vessel transportation of water-reactive substances consistent with requirements in the IMDG Code. The amendments include changes to the packaging requirements to require certain commodities to have hermetically sealed packaging and to require other commodities—when packed in flexible, fiberboard, or wooden packagings—to have sift-proof and water-resistant packaging or packaging fitted with a sift-proof and water-resistant liner.
• Hazard Communication Requirements for Lithium Batteries: PHMSA proposes to revise hazard communication requirements for shipments of lithium batteries consistent with changes adopted in the 19th Revised Edition of the UN Model Regulations. Specifically, PHMSA proposes to adopt a new lithium battery label in place of the existing Class 9 label; to amend the existing marking requirements for small lithium battery shipments in § 173.185(c) to incorporate a new standard lithium battery mark for use across all modes; to delete the documentation requirement in § 173.185(c) for shipments of small lithium cells and batteries; and to require the lithium battery mark be applied to each package containing small lithium cells or batteries contained in equipment when there are more than four lithium cells or two lithium batteries installed in the equipment or where there are more than two packages in the consignment.

• Engine, Internal Combustion/Machinery, Internal Combustion: PHMSA proposes to harmonize the HMT proper shipping names utilized for the transportation of engines and machinery containing engines with those in the UN Model Regulations. Additionally, PHMSA proposes harmonization with the IMDG Code for domestic vessel shipments of engines, internal combustion, and machinery containing combustion engines. Under the proposals in this NPRM, the existing “Engine, internal combustion” entries would be assigned their own UN numbers and hazard class based on the type of fuel (e.g. a flammable liquid powered engine is assigned a proper shipping name with a Class 3 designation). Existing requirements and exceptions for the transportation of engines and machinery containing engines transported by road, rail, and aircraft would remain unchanged. PHMSA is, however, proposing to harmonize the transportation requirements for transportation by vessel, which includes varying degrees of hazard communication based on the type of fuel, amount of fuel, and capacity of the fuel tank.
• U.S.-Canada Regulatory Cooperation Council (RCC) Proposals: PHMSA proposes several amendments to the HMR resulting from coordination with Canada under the U.S.-Canada RCC. Specifically, we propose provisions for recognition of Transport Canada (TC) cylinders, equivalency certificates (permit for equivalent level of safety), and inspection and repair of cargo tanks. These changes would be made in conjunction with Transport Canada proposing similar regulatory changes that will provide reciprocal recognition of DOT cylinders and DOT special permits.

If adopted in a final rule, the amendments proposed in this NPRM will result in minimal burdens on the regulated community. The benefits achieved from their adoption include enhanced transportation safety resulting from the consistency of domestic and international hazard communication and continued access to foreign markets by U.S. manufacturers of hazardous materials. PHMSA anticipates that most of the amendments in this NPRM will result in cost savings and will ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America.

PHMSA solicits comment from the regulated community on these amendments and others proposed in this NPRM pertaining to need, benefits and costs of international harmonization, impact on safety, and any other relevant concerns. In addition, PHMSA solicits comment regarding approaches to reducing the costs of this rule while maintaining or increasing the benefits. In its preliminary analysis, PHMSA concluded that the aggregate benefits of the amendments proposed in this NPRM justify their aggregate costs. Nonetheless, PHMSA solicits comment on specific changes (i.e., greater flexibility with regard to a particular amendment) that might improve the rule.

II. Background

Federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials transportation law (49 U.S.C. 5101 et seq., “Federal hazmat law”) directs PHMSA to participate in relevant international standard-setting bodies and promotes consistency of the HMR with international transport standards to the extent practicable. Although Federal hazmat law permits PHMSA to depart from international standards to promote safety or other overriding public interest, it otherwise encourages domestic and international harmonization (see 49 U.S.C. 5120).

In a final rule published December 21, 1990 (Docket HM-181; 55 FR 52402), PHMSA's predecessor—the Research and Special Programs Administration (RSPA)—comprehensively revised the HMR for international harmonization 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 (TDG) and 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 IMDG Code and the ICAO Technical Instructions.

Since publication of the 1990 rule, PHMSA has issued 11 additional international harmonization rulemakings under the following dockets: HM-215A [59 FR 67390; Dec. 29, 1994]; HM-215B [62 FR 24690; May 6, 1997]; HM-215C [64 FR 10742; Mar. 5, 1999]; HM-215D [66 FR 33316; June 21, 2001]; HM-215E [68 FR 44992; July 31, 2003]; HM-215G [69 FR 76044; Dec. 20, 2004]; HM-215I [71 FR 78595; Dec. 29, 2006]; HM-215J [74 FR 2200; Jan. 14, 2009]; HM-215K [76 FR 3308; Jan. 19, 2011]; HM-215L [78 FR 987; Jan. 7, 2013]; and HM-215M [80 FR 1075; Jan. 8, 2015]. These rulemakings were based on biennial updates of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions.

Harmonization becomes increasingly important as the volume of hazardous materials transported in international commerce grows. It not only facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials, but it also enhances safety when the international standards provide an appropriate level of protection. PHMSA actively participates in the development of international standards for the transportation of hazardous materials and promotes the adoption of standards consistent with the HMR. When considering the harmonization of the HMR with international standards, PHMSA reviews and evaluates each amendment on its own merit, on its overall impact on transportation safety, and on the economic implications associated with its adoption. Our 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.

Based on recent review and evaluation, PHMSA proposes to revise the HMR to incorporate changes from the 19th Revised Edition of the UN Model Regulations, Amendment 38-16 to the IMDG Code, and the 2017-2018 Edition of the ICAO Technical Instructions, which become effective January 1, 2017.

In addition, PHMSA proposes to incorporate by reference the newest editions of various international standards. These standards incorporated by reference are authorized for use, under specific circumstances, in part 171 subpart C of the HMR. This proposed rule is necessary to incorporate revisions to the international standards and, if adopted in the HMR, will be effective January 1, 2017.

Possible Interim Final Rule

The changes to the international standards will take effect on January 1, 2017. Therefore, it is essential that a final rule incorporating these standards by reference be published no later than December 31, 2016 with an effective date of January 1, 2017. Otherwise, U.S. companies—including numerous small entities competing in foreign markets—will be at an economic disadvantage because of their need to comply with a dual system of regulations (specifically, the HMR, UN Model Regulations, and ICAO Technical Instructions). To this end, if it appears a final rule under this docket will not be published prior to January 1, 2017, PHMSA will publish a bridging document in the form of an interim final rule to amend the HMR by incorporating the 19th Revised Edition of the UN Recommendations and the 2017-2018 Edition of the ICAO Technical Instructions.

With regard to Amendment 38-16 of the IMDG Code, the International Maritime Organization (IMO) approved an implementation date of January 1, 2018. The current edition of the IMDG Code (Amendment 37-14) remains in effect through 2017; therefore, we will not include the newest version of the IMDG Code in any bridging document. The proposed incorporation by reference of the newest edition of the IMDG Code and all other changes proposed in this NPRM would be addressed in a subsequent final rule also under this docket [PHMSA-2015-0273 (HM-215N)]. Accordingly, any interim final rule will only incorporate by reference editions of the international standards that become effective on January 1, 2017.

III. Incorporation by Reference Discussion Under 1 CFR Part 51

The UN Recommendations on the Transport of Dangerous Goods—Model Regulations, Manual of Tests and Criteria, and Globally Harmonized System of Classification and Labelling of Chemicals, as well as all of the Transport Canada Clear Language Amendments, are free and easily accessible to the public on the internet, with access provided through the parent organization Web sites. The ICAO Technical Instructions, IMDG Code, and all ISO references are available for interested parties to purchase in either print or electronic versions through the parent organization Web sites. The price charged for those not freely available helps to cover the cost of developing, maintaining, hosting, and accessing these standards. The specific standards are discussed at length in the “Section-by-Section Review” for § 171.7.

IV. Harmonization Proposals in This NPRM

In addition to various other revisions to the HMR, PHMSA proposes the following amendments to harmonize the HMR with the most recent revisions to the UN Model Regulations, ICAO Technical Instructions, and IMDG Code, as well as several amendments resulting from coordination with Canada under the U.S.-Canada RCC:

• Incorporation by Reference: PHMSA proposes to incorporate by reference the latest editions of various international transport standards including the 2017-2018 Edition of the ICAO Technical Instructions; Amendment 38-16 of the IMDG Code; the 6th Revised Edition of the UN Manual of Tests and Criteria; the 6th Revised Edition of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals; and the 19th Revised Edition of the UN Model Regulations. Additionally, we are proposing to update our incorporation by reference of the Canadian TDG Regulations to include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-159 Erratum published July 16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306 Erratum published January 28, 2015; and SOR/2015-100 published May 20, 2015. This incorporation by reference augments the broad reciprocity provided in § 171.12 where the HMR allow the use of the TDG Regulations under certain conditions when transporting hazardous materials to or from Canada by highway or rail. Finally, PHMSA proposes the incorporation by reference of new and updated ISO standards.
• Hazardous Materials Table (HMT): PHMSA proposes amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, vessel stowage and segregation requirements, and passenger and cargo aircraft maximum quantity limits.
• Packaging Requirements for Water-Reactive Materials Transported by Vessel: PHMSA proposes various amendments to packaging requirements for vessel transportation of water-reactive substances. The amendments include changes to the packaging requirements to require certain commodities to have hermetically sealed packaging and to require other commodities—when packed in flexible, fiberboard, or wooden packagings—to have sift-proof and water-resistant packaging or packaging fitted with a sift-proof and water-resistant liner. These proposed changes are consistent with IMDG Code requirements.
• Hazard Communication Requirements for Lithium Batteries: PHMSA proposes to revise hazard communication requirements for lithium batteries consistent with changes adopted in the 19th Revised Edition of the UN Model Regulations. Specifically, PHMSA proposes to adopt a new lithium battery label in place of the existing Class 9 label; to amend the existing marking requirements for small lithium battery shipments in § 173.185(c) to incorporate a new standard lithium battery mark for use across all modes; to remove the documentation requirement in § 173.185(c) for shipments of small lithium cells and batteries; and to amend the exception for small lithium cells and batteries requiring the lithium battery mark from the current applicability of “no more than four lithium cells or two lithium batteries installed in the equipment” to “no more than four lithium cells or two lithium batteries contained in equipment, where there are not more than two packages in the consignment.”
• Engine, Internal Combustion/Machinery, Internal Combustion: PHMSA proposes to harmonize the HMT entries for the transportation of engines and machinery containing engines with those in the UN Model Regulations. Additionally, PHMSA proposes harmonization with the IMDG Code for domestic vessel shipments of engines, internal combustion, and machinery containing combustion engines. Under the proposals in this NPRM, the existing “Engine, internal combustion” entries would be assigned their own UN numbers and hazard class based on the type of fuel (e.g., a flammable liquid powered engine is assigned a proper shipping name with a Class 3 designation). Existing requirements and exceptions for the transportation of engines and machinery containing engines transported by road, rail, and aircraft would remain unchanged. PHMSA is, however, proposing to harmonize the transportation requirements for transportation by vessel, which includes varying degrees of hazard communication based on the type of fuel, amount of fuel, and capacity of the fuel tank.
• U.S.-Canada Regulatory Cooperation Council (RCC) Proposals: The Prime Minister of Canada and the President of the United States created the U.S.-Canada Regulatory Cooperation Council in 2011. Through this effort, the United States and Canada strive to strengthen regulatory cooperation and reciprocity to enhance economic competitiveness while maintaining high standards of health, safety, and environmental protection. DOT, together with Transport Canada, have collaborated to develop a regulatory partnership statement and work plan, both of which can be viewed at http://trade.gov/rcc. Stakeholder input (which can be viewed at www.regulations.gov under Docket No. PHMSA 2012-0058), as well as internal and mutual regulatory review, help determine work plan initiatives and areas where enhanced regulatory cooperation and reciprocity might be feasible and beneficial provided there is no compromise in safety. Three primary initiatives identified in the work plan are the recognition of inspection and repair of cargo tanks under the U.S. requirements for highway transport, the mutual recognition of standard pressure receptacles (cylinders), and mutual recognition of DOT special permits and Transport Canada equivalency certificates.

—PHMSA proposes to address the cargo tank initiative by authorizing facilities in Canada that hold a Certificate of Authorization for repair from a provincial pressure vessel jurisdiction to repair DOT specification cargo tanks that are used to transport hazardous materials in the United States. PHMSA further proposes to except those facilities from registering in accordance with part 107 subpart F of the HMR provided they are registered in accordance with the Transport Canada TDG Regulations. This proposed authority and exception would provide carriers with additional access to repair facilities in Canada without jeopardizing the DOT specification of a cargo tank and broaden reciprocity with Canada, which already recognizes repairs of TC specification cargo tanks performed by authorized and registered facilities in the United States.

—PHMSA proposes to address the cylinder initiative by authorizing the filling, requalification, and use of cylinders manufactured in accordance with the TDG Regulations that have a corresponding DOT specification in the HMR. Mutual recognition of cylinder specifications and requalification inspections will mean cylinder users that frequently conduct business that crosses the border will not need to maintain two sets of substantially similar cylinders.

—PHMSA proposes to address the equivalency certificate initiative by amending the HMR to allow shipments offered in accordance with an equivalency certificate to transit to their first destination without having to apply for a duplicative special permit from PHMSA.

V. Amendments Not Being Considered for Adoption in This NPRM

PHMSA's goal in this rulemaking is to maintain consistency between the HMR and the international requirements. We are not striving to make the HMR identical to the international regulations but rather to remove or avoid potential barriers to international transportation.

PHMSA proposes changes to the HMR based on amendments adopted in the 19th Revised Edition of the UN Model Regulations, the 2017-2018 Edition of the ICAO Technical Instructions, and Amendment 38-16 to the IMDG Code. We are not, however, proposing to adopt all of the amendments made to the various international standards into the HMR.

In many cases, amendments to the international recommendations and regulations are not adopted into the HMR because the framework or structure makes adoption unnecessary. In other cases, we have addressed, or will address, the amendments in separate rulemaking proceedings. If we have inadvertently omitted an amendment in this NPRM, we will attempt to include the omission in the final rule; however, our ability to make changes in a final rule is limited by requirements of the Administrative Procedure Act (5 U.S.C. 553). In some instances, we can adopt a provision inadvertently omitted in the NPRM if it is clearly within the scope of changes proposed in the notice. Otherwise, in order to provide opportunity for notice and comment, the change must first be proposed in an NPRM.

The following is a list of notable amendments to the international regulations that PHMSA is not considering for adoption in this NPRM:

• Large Salvage Cylinders: The 17th Revised Edition of the UN Model Regulations includes guidelines for Competent Authorities to use when issuing approvals for salvage pressure receptacles. These revisions are found in Chapter 1.2, 4.1, 5.4, and 6.2 of the UN Model Regulations. Specifically, these requirements address the packaging, hazard communication, and safe transport of salvage pressure receptacles, also known as salvage cylinders in the United States. The 19th Revised Edition of the UN Model Regulations includes changes to the definition and packaging allowances for salvage cylinders. These changes authorize the use of a large salvage cylinder with a water capacity not exceeding 3,000 L to transport a cylinder with a water capacity up to 1,000 L. Salvage cylinders still require approval by appropriate Competent Authorities.

The HMR currently address the packaging, hazard communication, and safe transport of salvage cylinders in § 173.3(d) and do not require approval of the Associate Administrator to do so. PHMSA considers the current salvage cylinder requirements in the HMR to provide a sufficient level of safety and adequately address the shipment of damaged and defective cylinders. It is appropriate that larger salvage cylinders go through the existing approval process. Therefore, PHMSA is not proposing changes to the current HMR requirements for salvage cylinders.

• Large Packagings for Waste Aerosols: The 19th Revised Edition of the UN Model Regulations includes changes to the large packaging requirements for waste aerosols. The most notable change was to the packing group (PG) performance level required for large packagings transporting waste aerosols—from PG III to PG II. The HMR do not currently authorize the use of large packagings for aerosols. Therefore, PHMSA is not proposing changes to the current HMR requirements for large packagings for waste aerosols.
• Table Tennis Balls: The 19th Revised Edition of the UN Model Regulations includes a special provision assigned to “UN 2000, Celluloid” that excepts table tennis balls made of celluloid from the requirements of the Model Regulations if the total net mass of each table tennis ball does not exceed 3 grams and the net mass of table tennis balls does not exceed 500 grams per package. In a previously issued letter of interpretation (Ref. No. 14-0141), PHMSA stated that “it is the opinion of this office that the entry for UN 2000 Celluloid only applies when the material is in a pre-manufactured state i.e. blocks, rod, rolls, sheets, tubes etc.” We further stated: “Based on the information provided in your letter, including form and quantity of celluloid contained in the table tennis balls, it is our determination the table tennis balls are not in a quantity and form that pose an unreasonable risk to health, safety or property during transportation and, therefore, are not subject to regulation under the HMR.”

PHMSA maintains our position as stated in the letter of interpretation (Ref. No. 14-0141) that table tennis balls are not subject to the requirements of the HMR and that the “UN 2000, Celluloid” entry only applies when the material is in a pre-manufactured state (i.e. blocks rod, rolls, sheets, tubes, etc). Therefore, PHMSA is not proposing changes to the current HMR requirements to provide an exception for UN 2000.

• IMO Portable Tank Marking: Amendment 38-16 to the IMDG Code includes an amendment to require IMO portable tanks manufactured before January 1, 2003, to be marked with an indication of the portable tank instruction for which it meets the minimum test pressure, minimum shell thickness, pressure relief requirements, and bottom opening requirements (i.e., the appropriate portable tank instruction). This change was made to clarify that the existing requirement for marking portable tanks with the portable tank instruction either on the tank itself or the tank data plate also applied to older IMO type portable tanks manufactured before January 1, 2003. PHMSA did not adopt the requirement for portable tanks to be marked with an indication of the portable tank instruction to which they comply when this requirement was first introduced. Therefore, PHMSA is not proposing changes to the current HMR requirements for IMO type portable tank markings. PHMSA notes, however, that portable tanks utilized in international transportation will need to be marked with an indication of an appropriate portable tank instruction.
• Classification Inconsistencies: The 19th Revised Edition of the UN Model Regulations includes text to address situations in which a consignor who is aware, on the basis of test data, that a substance listed by name in column 2 of the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations meets classification criteria for a hazard class or division that is not identified in the list, may with the approval of the competent authority consign the substance:

—Under the same UN number and name but with additional hazard communication information as appropriate to reflect the additional subsidiary risk(s) (e.g., documentation, label, placard) provided that the primary hazard class remains unchanged and that any other transport conditions (e.g., limited quantity, packing and tank provisions) that would normally apply to substances possessing such a combination of hazards are the same as those applicable to the substance listed; or

—Under the most appropriate generic or n.o.s. entry reflecting all hazards.

The HMR, in §§ 172.402(a)(2) and 172.202(a)(3), allow and in most cases require hazardous materials exhibiting an additional subsidiary hazard to be labeled with the subsidiary hazard and to have the additional hazard described on shipping papers.

As detailed in the definition of Competent Authority Approval in § 107.1, specific regulations in subchapter A or C of the HMR are considered Competent Authority Approvals. PHMSA generally does not issue Competent Authority Approvals for situations already addressed by the HMR. Therefore, PHMSA is not proposing such changes to the current HMR requirements. Although PHMSA is not incorporating language specifically requiring a Competent Authority Approval in situations where a consignor has determined a substance has a different subsidiary risk than those identified in the HMT, we maintain the power to do so in order to facilitate commerce in situations where other competent authorities or carriers require such a document be provided.

• Filling Procedures for UN Pressure Receptacles: The 19th Revised Edition of the UN Model Regulations includes text in P200 requiring the filling of pressure receptacles to be carried out by qualified staff using appropriate equipment and procedures. These procedures are described as including checks of the following: conformity of receptacles and accessories with the UN Model Regulations, compatibility of the cylinder with the product to be transported, absence of damage that might affect safety, compliance with the degree or pressure of filling, and accuracy of marks and identification. Additionally, five ISO standards concerning inspection and filling of various cylinders were incorporated into P200. Compliance with these filling procedures is considered met if the appropriate ISO standard is applied.

The existing HMR requirements for filling procedures for pressure receptacles provide a sufficient level of safety and adequately address filling requirements for pressure vessels. Therefore, PHMSA is not proposing changes to the current HMR requirements for the filling of pressure receptacles nor the adoption of any of the five ISO standards applicable to filling conditions and inspections.

• Intentionally Infected Animals: The 2017-2018 ICAO Technical Instructions adopted changes to the classification framework for infected live animals and animal materials. These changes are intended to support consistent classification for infected animals and animal materials. The issue was brought to the attention of the UN Sub-Committee at its 48th session, but they were not able to ascertain the impact of the changes made to the ICAO Technical Instructions or if further changes were necessary to the UN Model Regulations. The representative from ICAO who presented the paper noted they would come back with an additional paper and clarifications at the next session. As work at the UN Sub-Committee is still ongoing, PHMSA is not proposing changes to the current HMR requirements for the classification or transportation of infected live animals or animal materials at this time.
• Special Aircraft Operations: The 2017-2018 ICAO Technical Instructions adopted changes to the general exceptions for hazardous materials carried by an aircraft in special aircraft operations (e.g., air ambulance, search and rescue). These changes are to clarify that hazardous materials involved in these special aircraft operations for related purposes (e.g., training flights and positioning flights prior to or after maintenance) are excepted from the ICAO Technical Instructions as stated in Part 1, Chapter 1. On June 2, 2016, PHMSA published a final rule [Docket No. PHMSA-2013-0225 (HM-218H); 81 FR 35483] that revised § 175.1(d) (formerly § 175.9(b)(4)) to clarify that staging operations and other operations related to dedicated air ambulance, firefighting, or search and rescue operations are intended to be excepted from the HMR when in compliance with the [Federal Aviation Regulations] (FAR).” Accordingly, PHMSA and the Federal Aviation Administration (FAA) believe that the current special aircraft operation's provisions in § 175.1(d) sufficiently provide the flexibility to allow for these types of flight activities (e.g., training flights and positioning flights prior to or after maintenance). Therefore, PHMSA is not proposing changes to the current HMR requirements for special aircraft operations.
• Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft: The 2015-2016 Edition of the ICAO Technical Instructions adopted enhanced safety provisions for lithium batteries transported by aircraft, effective April 1, 2016. These amendments (1) prohibit the transport of lithium ion cells and batteries as cargo on passenger aircraft; (2) require all lithium ion cells and batteries to be shipped at not more than a 30 percent state of charge on cargo-only aircraft; and (3) limit the use of alternative provisions for small lithium cell or battery shipments under 49 CFR 173.185(c). PHMSA is considering adopting these amendments in a separate rulemaking. Further information is available in the docket for this rulemaking [PHMSA-2016-0014].
• Sterilization Devices Containing Nitrogen Tetroxide or Nitric Oxide: The 2017-2018 ICAO Technical Instructions adopted special provision A211 to allow for the transport of sterilization devices that contain small quantities of “UN 1067, Nitrogen dioxide” and “UN 1660, Nitric oxide, compressed” by both passenger and cargo aircraft. We are not proposing incorporation of ICAO special provision A211 at this time.

While we did not oppose the adoption of this provision at ICAO, we did so recognizing that the transport environment and infrastructure is much different in parts of the world outside of the United States; and that consistent with our harmonization rulemaking considerations we would assess how best to address this topic within the HMR. During the time these amendments were being considered by ICAO, we received a special permit application that detailed more specific information than was available during the ICAO deliberations. Additionally, PHMSA received a petition for rulemaking (P-1672) requesting PHMSA harmonize with the recently adopted ICAO TI provisions for sterilization devices. Based on the lack of broad applicability, the technically specific nature of these devices and packaging systems, the significant toxicity hazard and corresponding risk to air transport, and the benefit of considering additional operational controls available to mitigate risk, it is our determination that transport in accordance with the provisions of ICAO special provision A211 are more suitably addressed through PHMSA's Special Permit program.

• Cylinders Containing Gases for Use in Fire Extinguishers or Stationary Fire-Fighting Installations: In some cases cylinders that are not a permanent component of a fire extinguisher or a stationary fire-fighting installation are transported separately from these fire extinguishers (e.g., prior to their use in the fire extinguisher or stationary fire-fighting installation and for filling). At the 44th session of the UN Sub-Committee, it was agreed that when the cylinder containing the compressed gas is transported separately, it should be subject to the same requirements as conventional cylinders.

On July 26, 2016, PHMSA published a NPRM [Docket No. PHMSA-2011-0140 (HM-234); 81 FR 48977] proposing to revise the § 173.309 introductory text to include cylinders used as part of a fire suppression system as a cylinder type authorized for transport in accordance with the HMT entry for fire extinguishers. The HM-234 NPRM notes the controls detailed in § 173.309 provide an acceptable level of safety regardless of whether the cylinder is equipped for use as a handheld fire extinguisher or as a component of a fixed fire suppression system.

As this issue is already being considered in an open rulemaking, we are not proposing to make any changes to the transport provisions for fire extinguishers or cylinders used in fire extinguishers. All comments, including potential impacts arising from differing domestic and international requirements, concerning transport requirements for cylinders used in fire extinguishers should be submitted to the HM-234 docket (Docket No. PHMSA-2011-0140) at http://www.regulations.gov.

VI. Section-By-Section Review

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

Part 107

Section 107.502

Section 107.502 provides general requirements for the registration of cargo tank and cargo tank motor vehicle manufacturers, assemblers, repairers, inspectors, testers, and design certifying engineers. In this NPRM, PHMSA proposes to revise paragraph (b) to provide an exception from the registration requirements for certain persons engaged in the repair, as defined in § 180.403, of DOT specification cargo tanks by facilities in Canada in accordance with the proposed § 180.413(a)(1)(iii) in this NPRM. Persons engaged in the repair of cargo tanks in Canada are required to register in accordance with the Transport Canada TDG Regulations as the Canadian registration requirements are substantially equivalent to those in part 107 subpart F of the HMR. The registration information is available on Transport Canada's Web site at http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/highway/tanks.aspx. The Transport Canada TDG Regulations except persons repairing TC specification cargo tanks at facilities in the United States from registering in Canada if they are registered in accordance with part 107 subpart F.

Therefore, PHMSA believes that requiring the registration of Canadian cargo tank repair facilities authorized by the proposed § 180.413(a)(1)(iii) would be unnecessarily duplicative and that excepting them from registering in accordance with part 107 subpart F would augment reciprocity without negatively impacting safety. See “Harmonization Proposals in this NPRM” and the § 180.413 entry in the “Section-by-Section Review” of this document for additional background and discussion of this proposal.

Section 107.801

Section 107.801 prescribes approval procedures for persons seeking to engage in a variety of activities regulated by PHMSA (i.e., independent inspection agencies, cylinder requalification). In this NPRM, PHMSA proposes to amend paragraph (a)(2) to include provisions for persons seeking approval to engage in the requalification, rebuilding, or repair of a cylinder manufactured in accordance with a Transport Canada (TC), Canadian Transportation Commission (CTC), Board of Transport Commissioners for Canada (BTC) or Canadian Railway Commission (CRC) specification under the Transport Canada TDG Regulations. Persons engaged in the requalification, rebuilding, or repair of TC, CTC, CRC, or BTC specification cylinders in the U.S. are required to register with DOT in accordance with this subpart. PHMSA will issue a new approval or revise an existing one to reflect the applicant's intent to requalify TC cylinders. Upon approval, the Requalifier Identification Number (RIN) holder must mark the TC cylinder in accordance with applicable Transport Canada TDG Regulations except that the requalifier's registered mark shall be replaced with the DOT RIN. See the discussion of proposed changes to § 107.805 for additional requirements and exceptions.

Section 107.805

Section 107.805 prescribes the requirements cylinder and pressure receptacle requalifiers need to meet in order to be approved by PHMSA. In this NPRM, PHMSA proposes to amend paragraph (a) to authorize prospective requalifiers to obtain approval by PHMSA to inspect, test, certify, repair, or rebuild TC specification cylinders; to amend paragraph (c)(2) to ensure the types of TC cylinders intended to be inspected, tested, repaired, or rebuilt at the facility are included in the application for approval to PHMSA; and to amend paragraph (d) to include various TC cylinders to the list of cylinders requiring issuance of a RIN to requalifiers.

PHMSA also proposes to amend paragraph (f) to recognize facilities authorized by Transport Canada to requalify comparable DOT specification cylinders, as well as DOT RIN holders to requalify comparable Transport Canada cylinders subject to modification of their existing approval. PHMSA recognizes that Transport Canada's approval and registration requirements are substantially equivalent to the requirements in 49 CFR part 107 subpart I and provide an equivalent level of safety. In addition, traceability is maintained based on Transport Canada's publicly available Web site at http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/cylinder/requalifier.aspx, which allows tracing of a DOT specification cylinder marked with a Transport Canada assigned requalifier's registered mark back to the appropriate requalification facility.

The proposed addition of paragraph (f)(2) would allow persons who are already registered with PHMSA to perform requalification functions on DOT specification cylinders to register to requalify corresponding TC cylinder specifications without additional review by an independent inspection agency. Specifications considered equivalent are identified in the preamble to this notice (see Table 1 in § 171.12 discussion). Applicants would be required to submit all of the information prescribed in § 107.705(a) that identifies the TC, CTC, CRC, or BTC specification cylinder(s) or tube(s) to be inspected; certifies the requalifier will operate in compliance with the applicable TDG regulations; and certifies the persons performing requalification have been trained in the functions applicable to the requalifier activities.

The proposed addition of paragraph (f)(3) would allow persons who are already registered with Transport Canada to requalify corresponding DOT specification cylinders without additional application to PHMSA for approval. This proposed exception would provide cylinder owners with additional access to repair and requalification facilities in Canada, while also broadening reciprocity with Canada.

Part 171

Section 171.2

Section 171.2 prescribes general requirements for each person performing functions covered by this subchapter. PHMSA proposes to amend paragraph (h)(1) by adding the letters “TC,” “CRC,” and “BTC” to the list of specification indications that may not be misrepresented according to § 171.2(g). This is necessary as a result of proposed amendments in § 171.12 authorizing the use of various Transport Canada approved specification cylinders under certain conditions.

Section 171.7

Section 171.7 provides a listing of all voluntary consensus standards incorporated by reference into the HMR, as directed by the “National Technology Transfer and Advancement Act of 1996.” 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. Agency adoption of industry standards promotes productivity and efficiency in government and industry, expands opportunities for international trade, conserves resources, improves health and safety, and protects the environment.

PHMSA actively participates in the development and updating of consensus standards through representation on more than 20 consensus standard bodies and regularly reviews updated consensus standards and considers their merit for inclusion in the HMR. For this rulemaking, we evaluated updated international consensus standards pertaining to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements and determined that the revised standards provide an enhanced level of safety without imposing significant compliance burdens. These standards have well-established and documented safety histories, and their adoption will maintain the high safety standard currently achieved under the HMR. Therefore, in this NPRM, PHMSA proposes to add and revise the following incorporation by reference materials:

• Paragraph (t)(1), which incorporates the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air, 2015-2016 Edition, would be revised to incorporate the 2017-2018 Edition. The International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air contain detailed instructions necessary for the safe international transport of dangerous goods by air. The ICAO TI supports the broad principles by establishing requirements necessary to ensure hazardous materials are safely transported in aircraft while providing a level of safety that protects the aircraft and its occupants from undue risk.
• Paragraph (v)(2), which incorporates the International Maritime Organization International Maritime Dangerous Goods Code, 2014 Edition, Incorporating Amendment 37-14, English Edition, Volumes 1 and 2, would be revised to incorporate the 2016 Edition, Amendment 38-16. The International Maritime Organization International Maritime Dangerous Goods Code is intended to provide for the safe transportation of hazardous materials by vessel, protect crew members and to prevent marine pollution. The Code is based on the UN Model Regulations, but also includes additional requirements applicable to the transport of hazardous materials by sea (e.g., requirements for marine pollutants; freight container loading procedures; stowage and segregation; and other requirements applicable to shipboard safety and preservation of the marine environment) that are not covered by the UN Model Regulations.
• Paragraph (w), which incorporates various International Organization for Standardization entries, would be revised to incorporate by reference standards for the specification, design, construction, testing, and use of gas cylinders:

—ISO 3807:2013 Gas cylinders—Acetylene cylinders—Basic requirements and type testing is proposed for incorporation in paragraph (w)(16). ISO 3807:2013 specifies the basic and type testing requirements for acetylene cylinders with and without fusible plugs with a maximum nominal water capacity of 150 L (39.62 gallons) and requirements regarding production/batch test procedures for manufacturing of acetylene cylinders with porous material.

—ISO 7866:2012 Gas cylinders—Refillable seamless aluminium alloy gas cylinders—Design, construction and testing; and ISO 7866:2012/Cor 1:2014 Gas cylinders—Refillable seamless aluminium alloy gas cylinders—Design, construction and testing, Technical Corrigendum 1 are proposed for incorporation in paragraphs (w)(27) and (w)(28). ISO 7866:2012 specifies minimum requirements for the material, design, construction and workmanship, manufacturing processes and tests at time of manufacture of refillable seamless aluminium alloy gas cylinders of water capacities up to and including 150 L (39.62 gallons) for compressed, liquefied and dissolved gases for worldwide use.

—ISO 11114-2:2013 Gas cylinders—Compatibility of cylinder and valve materials with gas contents—Part 2: Non-metallic materials is proposed for incorporation in paragraph (w)(48). ISO 11114-2:2013 gives guidance in the selection and evaluation of compatibility between non-metallic materials for gas cylinders and valves and the gas contents. It also covers bundles, tubes and pressure drums.

—ISO 9809-4:2014 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 is proposed for incorporation in paragraph (w)(36). ISO 9809-4:2014 specifies the minimum requirements for the material, design, construction and workmanship, manufacturing processes, examinations, and tests at manufacture of refillable seamless stainless steel gas cylinders of water capacities from 0.5 L (.13 gallons) up to and including 150 L (39.62 gallons) for compressed, liquefied, and dissolved gases.

—ISO 10297:2014 Gas cylinders—Cylinder valves—Specification and type testing is proposed for incorporation in paragraph (w)(42). ISO 10297:2014 specifies design, type testing and marking requirements for: (a) Cylinder valves intended to be fitted to refillable transportable gas cylinders; (b) main valves (excluding ball valves) for cylinder bundles; (c) cylinder valves or main valves with integrated pressure regulator (VIPR); which convey compressed, liquefied or dissolved gases.

—ISO 10462:2013 Gas cylinders—Transportable cylinders for dissolved acetylene—Periodic inspection and maintenance is proposed for incorporation in paragraph (w)(44). 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 (39.62 gallons).

—ISO 11119-1:2012 Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 1: Hoop wrapped fibre reinforced composite gas cylinders and tubes up to 450 l; ISO 11119-2:2012 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; ISO 11119-2:2012/Amd 1:2014 Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with load-sharing metal liners; and ISO 11119-3:2013 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 are proposed for incorporation in paragraphs (w)(54), (w)(56), (w)(57), and (w)(59), respectively. ISO 11119-1:2012, ISO 11119-2:2012, and ISO 11119-3:2013 specify requirements for composite gas cylinders and tubes between 0.5 L (39.62 gallons) and 450 L (119 gallons) water capacity, for the storage and conveyance of compressed or liquefied gases.

—ISO 11515:2013 Gas cylinders—Refillable composite reinforced tubes of water capacity between 450 L and 3000 L—Design, construction and testing is proposed for incorporation in paragraph (w)(62). ISO 11515:2013 specifies minimum requirements for the design, construction and performance testing of composite reinforced tubes between 450 L (119 gallons) and 3,000 L (792.5 gallons) water capacity, for transport, storage and use of compressed or liquefied gases with test pressures up to and including 1600 bar with a design life of at least 15 years and less than or equal to 30 years.

• Paragraph (bb)(1), which incorporates the Transport Canada Transportation of Dangerous Goods Regulations, would add subparagraphs (xiii), (xiv), (xv), (xvi), (xvii), (xviii), and (xix) to include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-159 Erratum published July 16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306 Erratum published January 28, 2015; and SOR/2015-100 published May 20, 2015, respectively. The Transport Canada Transportation of Dangerous Goods Regulations proposed for incorporation in this NPRM are updates to the existing Transportation of Dangerous Goods Regulations and cover all updates made by Transport Canada between January 2014-May 2015.
• Paragraph (dd)(1), which incorporates the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations, 18th Revised Edition (2013), Volumes I and II, would be revised to incorporate the 19th Revised Edition (2015), Volumes I and II. The United Nations Model Regulations on the Transport of Dangerous Goods provide a basis for development of harmonized regulations for all modes of transport, in order to facilitate trade and the safe, efficient transport of hazardous materials.
• Paragraph (dd)(2), which incorporates the United Nations Recommendations on the Transport of Dangerous Goods—Manual of Tests and Criteria, 5th Revised Edition (2009), would be revised to incorporate the 6th Revised Edition (2015). The Manual of Tests and Criteria contains criteria, test methods and procedures to be used for classification of dangerous goods according to the provisions of Parts 2 and 3 of the United Nations Recommendations on the Transport of Dangerous Goods, Model Regulations, as well as of chemicals presenting physical hazards according to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
• Paragraph (dd)(3) would be added to incorporate the United Nations Recommendations on the Transport of Dangerous Goods, Globally Harmonized System of Classification and Labelling of Chemicals (GHS), 6th Revised Edition (2015). Section 172.401 references the incorporation by reference of the GHS in § 171.7; however, this entry does not currently appear in § 171.7. The proposed addition of this paragraph would correct this oversight. The Globally Harmonized System of Classification and Labelling of Chemicals (GHS), addresses classification of chemicals by types of hazard and proposes harmonized hazard communication elements, including labels and safety data sheets. It aims at ensuring that information on physical hazards and toxicity from chemicals be available in order to enhance the protection of human health and the environment during the handling, transport and use of these chemicals. The GHS also provides a basis for harmonization of rules and regulations on chemicals at national, regional and worldwide level, an important factor also for trade facilitation.

Section 171.8

Section 171.8 defines terms generally used throughout the HMR that have broad or multi-modal applicability. In this NPRM, PHMSA proposes to add the following terms and definitions:

• Design life: PHMSA proposes to add the term “design life” to define the maximum life of composite cylinders and tubes. This term is specifically limited to references in the HMR related to composite cylinders and tubes.
• SAPT: PHMSA proposes to add the term “SAPT” and a reference to § 173.21(f). SAPT means self-accelerated polymerization temperature. See § 173.21(f) of this subchapter. This is consistent with the similar term SADT (self-accelerated decomposition temperature).
• Service life: PHMSA proposes to add the term “service life” to define the number of years a composite cylinder or tube is permitted to be in service. This term is specifically limited to references in the HMR related to composite cylinders and tubes.

Additionally, PHMSA proposes to amend the definitions for the following terms:

• Aerosol: PHMSA proposes to revise the definition of “aerosol” to clarify that it is an article. Currently under the HMR, an aerosol is considered to be an article and therefore the use of inner packagings in a combination package in not necessary. However, practice has shown that an aerosol is often mistaken for the inner packaging of a combination packaging, including both the substance dispensed (liquid, paste, or powder) and the propellant gas itself.
• Large salvage packaging: PHMSA proposes to revise the definition of “large salvage packaging” to add a reference to non-conforming hazardous materials packages to be consistent with the wording in the definition of “salvage packaging.”
• UN tube: PHMSA proposes to revise the definition of “UN tube,” which describes it as a seamless pressure receptacle, to specify that the term includes composite cylinders.

Section 171.12

Section 171.12 prescribes requirements for the use of the Transport Canada TDG Regulations. Under the U.S.-Canada RCC, which was established in 2011 by the President of the United States and the Canadian Prime Minister, PHMSA and Transport Canada, with input from stakeholders, identified impediments to cross-border transportation of hazardous materials. In this NPRM, PHMSA proposes to address these barriers by amending the HMR to expand recognition of cylinders, cargo tank repair facilities, and equivalency certificates in accordance with the TDG Regulations.

The HMR in § 171.12(a)(1) provide general authorizations to use the TDG Regulations for hazardous materials transported from Canada to the United States, from the United States to Canada, or through the United States to Canada or a foreign destination. PHMSA proposes to amend § 171.12(a)(1) to authorize the use of a Transport Canada equivalency certificate for such road or rail transportation of a hazardous material shipment. Consistent with existing authorizations to utilize the TDG Regulations for transportation from Canada to the United States, the proposed authorization to use a Transport Canada equivalency certificate only applies until the shipment's initial transportation ends. In other words, once a shipment offered in accordance with a Transport Canada equivalency certificate reaches the destination shown on either a transport document or package markings, transportation under the authorization in § 171.12 has ended. Any subsequent offering of packages imported under a Transport Canada equivalency certificate would have to be done in full compliance with the HMR. Transport Canada is proposing amendments to the TDG Regulations to authorize similar reciprocal treatment of PHMSA special permits.

The HMR in § 171.12(a)(4) authorize the transportation of a cylinder authorized by the Transport Canada TDG Regulations to, from, or within the United States. Currently this authorization is limited to Canadian Transport Commission (CTC) cylinders corresponding to a DOT specification cylinder and UN pressure receptacles marked with “CAN.” In this NPRM, PHMSA proposes to amend paragraph (a)(4)(ii) authorizing the use of Canadian manufactured cylinders. Specifically, PHMSA proposes to authorize the transportation of CTC, CRC, BTC, and TC cylinders that have a corresponding DOT specification cylinder prescribed in the HMR.

This proposal does not remove or amend existing requirements for DOT specification cylinders; rather, PHMSA proposes to provide that a shipper may use either a DOT specification cylinder or a TC cylinder as appropriate. The goal of these amendments is to promote flexibility; to permit the use of advanced technology for the requalification and use of pressure receptacles; to provide for a broader selection of authorized pressure receptacles; to reduce the need for special permits; and to facilitate cross-border transportation of these cylinders.

Additionally, PHMSA proposes to amend paragraph (a)(4) to authorize the filling, maintenance, testing, and use of CTC, CRC, BTC, and TC cylinders that have a corresponding DOT specification cylinder as prescribed in HMR. This authorization will extend the recognition of cylinders manufactured in Canada to be filled, used, and requalified (including rebuild, repair, reheat-treatment) in the United States in accordance with the TDG Regulations.

Table 1 lists the Canadian cylinders with the corresponding DOT specification cylinders:

A U.S.-based facility is permitted to refill and use a cylinder marked as meeting CTC specification provided it complies with the applicable requirements specified in § 171.12. In accordance with § 171.12(a)(4), when the provisions of subchapter C of the HMR require that a DOT specification or a UN pressure receptacle must be used for 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 authorized by this subchapter.

If implemented, the proposed actions described above would resolve many of the existing reciprocity issues, streamline the processing of Canadian cylinders within the United States, and alleviate unnecessary burdens on the transportation industry. DOT RIN holders may requalify and mark a TC cylinder in accordance with applicable TDG Regulations, including the application of metric markings.

Section 171.23

Section 171.23 prescribes requirements for specific materials and packagings transported under the various international standards authorized by the HMR. PHMSA proposes to amend paragraph (a) to add TC, CTC, BTC, or CRC specification cylinders to the list of cylinders which may be transported to from or within the United States.

Part 172

Section 172.101

Section 172.101 provides the Hazardous Materials Table (HMT), as well as instructions for its use. Readers should review all changes for a complete understanding of the amendments. For purposes of the Government Printing Office's typesetting procedures, proposed changes to the HMT appear under three sections of the Table: “remove,” “add,” and “revise.” Certain entries in the HMT, such as those with revisions to the proper shipping names, appear as a “remove” and “add.” In this NPRM, PHMSA proposes to amend the HMT for the following:

New HMT entries:

• UN 0510 Rocket Motors, Division 1.4C

This new HMT entry is the result of packaged products of low power “Rocket motors” that typically meet test criteria for assignment to Division 1.4, Compatibility Group C, but are assigned to 1.3C (i.e., UN 0186) or the 1.4C n.o.s. classification (i.e., UN 0351). This 1.4 rocket motor entry accurately reflects the product type and hazard of these articles and allows for the assignment of specific packaging instructions. With the addition of an internationally recognized proper shipping name and identification number, PHMSA is considering the removal of the existing HMT entry “NA 0276, Model rocket motor.” We specifically solicit comment on the potential impact of removing the existing “NA 0276” 1.4C HMT entry.

• UN 3527 Polyester resin kit, solid base material

This new HMT entry addresses polyester resin kits with a base material that does not meet the definition of Class 3 (Flammable liquid) and is more appropriately classed as a Division 4.1 (Flammable solid). Presently, polyester resin kits are limited to those with a Class 3 liquid base material component and are assigned under the entry UN 3269. This new entry permits products with a viscous base component containing a flammable solvent that does not meet the definition of a flammable liquid but does meet the definition of a flammable solid.

• UN 3528 Engine, internal combustion, flammable liquid powered or Engine, fuel cell, flammable liquid powered or Machinery, internal combustion, flammable liquid powered or Machinery, fuel cell, flammable liquid powered
• UN 3529 Engine, internal combustion, flammable gas powered or Engine, fuel cell, flammable gas powered or Machinery, internal combustion, flammable gas powered or Machinery, fuel cell, flammable gas powered
• UN 3530 Engine, internal combustion or Machinery, internal combustion

These new HMT entries apply to the fuel contained in engines and machinery powered by Class 3 flammable liquids, Division 2.1 gases, and Class 9 environmentally hazardous substances. The previous entry applicable to these articles, UN 3166, is now applicable to vehicles only. As a result of the new “Engine” and “Machinery” entries, the entries “UN 3166, Engines, internal combustion, or Engines, fuel cell, flammable gas powered” and “UN 3166, Engines internal combustion, or Engines, fuel cell, flammable liquid powered” are removed.

• UN 3531 Polymerizing substance, solid, stabilized, n.o.s.
• UN 3532 Polymerizing substance, liquid, stabilized, n.o.s.
• UN 3533 Polymerizing substance, solid, temperature controlled, n.o.s.
• UN 3534 Polymerizing substance, liquid, temperature controlled, n.o.s.

These new Division 4.1 HMT entries are added for polymerizing substances that do not meet the criteria for inclusion in any other hazard class.

• Catecholborane (also known as 1, 3, 2-Benzodioxaborole)

At the ICAO DGP/25 meeting, the Panel was informed of an incident involving Catecholborane (also known as 1, 3, 2-Benzodioxaborole) that resulted in an industry recommendation to forbid transport of the substance by air unless transported in pressure receptacles and under cooled conditions. The material was classified as “UN 2924, Flammable liquid, corrosive, n.o.s.” The product properties indicated (1) that the substance decomposes to borane gas at a rate of 2 percent per week at room temperature, (2) that borane gas could ignite when in contact with moist air, and (3) that catecholborane could react violently with water. The incident occurred after transport of the substance was delayed for nine days as the result of extreme weather conditions with temperatures consistently above 33 °C (91 °F). After being stored for approximately two weeks at a low temperature at the destination, several bottles containing the substance exploded and caught fire. It was concluded that moist air entered the bottles during the long transit time under high temperatures causing a chemical reaction and pressure build up. Panel members suspected a classification problem, but they could not determine whether this was due to shipper error or a limitation in the classification criteria in the regulations. The issue was submitted to the attention of the UN Sub-Committee at the December 2016 meeting for further review and determination if a new classification was required. In the interim, a new light type entry was added to the ICAO Technical Instructions Dangerous Goods List with a new special provision (A210) assigned to “Catecholborane” and “1, 3, 2-Benzodioxaborole” forbidding the substance for transport by air on both passenger and cargo aircraft. Transport on cargo aircraft would be possible with the approval of the State of Origin and State of the Operator.

Consistent with the ICAO Technical Instructions, PHMSA proposes to add new HMT entries in italics for “Catecholborane” and “1, 3, 2-Benzodioxaborole” and to assign a new special provision A210 clarifying that this material is forbidden for air transport unless approved by the Associate Administrator.

Amendments to column (2) hazardous materials descriptions and proper shipping names:

Section 172.101(c) describes column (2) of the HMT and the requirements for hazardous materials descriptions and proper shipping names.

• PHMSA proposes to amend the proper shipping name for “UN 3269, Polyester resin kit” by adding the italicized text “liquid base material.” This is consistent with the format of the new HMT entry for polyester resin kits with a solid base material.
• PHMSA proposes to amend the proper shipping names for “UN 3151, Polyhalogenated biphenyls, liquid or Polyhalogenated terphenyls, liquid” and “UN 3152, Polyhalogenated biphenyls, solid or Polyhalogenated terphenyls, solid” by adding “Halogenated monomethyldiphenylmethanes, liquid” and “Halogenated monomethyldiphenylmethanes, solid,” respectively. Noting that halogenated monomethyldiphenylmethanes have similar chemical and ecotoxicological properties as polychlorinated biphenyls (PCBs) and polychlorinated terphenyls (PCTs), we propose this revision to ensure that they are considered as PCBs or PCTs for the purposes of transport.

Amendments to column (3) hazard class or division:

Section 172.101(d) describes column (3) of the HMT and the designation of the hazard class or division corresponding to each proper shipping name.

PHMSA proposes to revise the hazard class of “UN 3507, Uranium hexafluoride, radioactive material, excepted package, less than 0.1 kg per package, non-fissile or fissile-excepted,” from Class 8 to Division 6.1 and subsequently to add the Class 8 hazard as a subsidiary hazard label code in column (6). This revision is based on the precedence provisions for classification of materials possessing more than one hazard and is consistent with the 19th Revised Edition of the UN Model Regulations. The presence of a Division 6.1 hazard was determined following a thorough review of literature and test data on uranium hexafluoride. A summary of the data and a proposal to revise the primary hazard class from Class 8 to Division 6.1 was provided in Working Paper ST/SG/AC.10/C.3/2014/60, which was submitted to the 45th session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods and is available at http://www.unece.org/fileadmin/DAM/trans/doc/2013/dgac10c3/ST-SG-AC.10-C.3-2014-60e.pdf.

Amendments to column (6) label(s):

Section 172.101(g) describes column (6) of the HMT and the labels required (primary and subsidiary) for specific entries in the HMT.

Data presented to the UNSCOE in this last biennium indicated a need for the addition of a subsidiary hazard of Division 6.1 to be assigned to “UN 2815, N-Aminoethylpiperazine,” “UN 2977, Radioactive material, uranium hexafluoride, fissile,” and “UN 2978, Radioactive material, uranium hexafluoride non fissile or fissile-excepted.” PHMSA proposes to make appropriate amendments to the HMT to account for these revisions to the UN Model Regulations.

For the HMT entry, “UN 3507, Uranium hexafluoride, radioactive material, excepted package, less than 0.1 kg per package, non-fissile or fissile-excepted,” PHMSA proposes to revise the labels for consistency with the change made to the classification of this material under amendments to column (3) (see above). The Class 8 (Corrosive) primary hazard label would be revised to a Division 6.1 primary hazard label and Class 8 subsidiary hazard label in addition to the existing Class 7 (Radioactive) subsidiary hazard label to read “6.1, 7, 8.”

Amendments to column (7) special provisions:

Section 172.101(h) describes column (7) of the HMT whereas § 172.102(c) prescribes the special provisions assigned to specific entries in the HMT. The particular modifications to the entries in the HMT are discussed below. See “Section 172.102 special provisions” below for a detailed discussion of the proposed additions, revisions, and deletions to the special provisions addressed in this NPRM.

• In this NPRM, new special provision 157 is proposed to be assigned to the HMT entry “UN 3527, Polyester resin kit, solid base material.”
• In this NPRM, new special provision 379 is proposed to be assigned to the HMT entries “UN1005, Ammonia, anhydrous” and “UN 3516, Adsorbed gas, toxic, corrosive, n.o.s.”
• In the 19th Revised Edition of the UN Model Regulations, new special provision 386 was assigned to the four new “n.o.s.” HMT entries for polymerizing substances and to the 52 named substances in the HMT that polymerize, all of which contain the text “stabilized” as part of the proper shipping name, except for “UN 2383, Dipropylamine” (see Table 2 below). This new special provision includes transport controls to avoid dangerous polymerization reactions including the use of chemical stabilization or temperature control.

In this NPRM, new special provision 387 (special provision 386 already exists) is proposed to be assigned to all 52 HMT entries.

• In this NPRM, new special provision 422 is proposed to be assigned to the HMT entries “UN 3480, Lithium ion batteries including lithium ion polymer batteries”; “UN 3481, Lithium ion batteries contained in equipment including lithium ion polymer batteries”; “UN 3481 Lithium ion batteries packed with equipment including lithium ion polymer batteries”; “UN 3090, Lithium metal batteries including lithium alloy batteries”; “ UN 3091, Lithium metal batteries contained in equipment including lithium alloy batteries”; and “UN3091, Lithium metal batteries packed with equipment including lithium alloy batteries.”
• In this NPRM, special provision 134 is proposed to be removed from the HMT entry “UN 3072, Life-saving appliances, not self-inflating containing dangerous goods as equipment” and replaced with new special provision 182. On January 8, 2015, PHMSA published a final rule [Docket No. PHMSA-2013-0260 (HM-215M); 80 FR 1075] that added special provision 134 to “UN 3072.” The intent of this action was to harmonize with special provision A182 of the ICAO Technical Instructions to clarify that equipment containing only lithium batteries must be classified as either lithium batteries contained in or packed with equipment “UN 3091” or “UN 3481.” In reviewing the assignment of special provision 134 to “UN 3072” to make this clarification, PHMSA found that the provisions of special provision 134 are not assigned to “UN 3072” in any international standard, but rather to the entry for “UN 3171, Battery-powered vehicle or Battery-powered equipment.” Although special provision 134 does require that equipment powered only by lithium metal batteries or lithium ion batteries must be consigned under the entries associated with lithium batteries contained in or packed with equipment, the rest of special provision 134 is not applicable to “Life-saving appliances, not self-inflating containing dangerous goods as equipment.” As a result, PHMSA proposes a new special provision 182 applicable only to the HMT entry for “UN 3072, Life-saving appliances, not self-inflating containing dangerous goods as equipment” to clarify that equipment containing only lithium batteries must be classified as either lithium batteries contained in or packed with equipment “UN 3091” or “UN 3481,” as appropriate.
• In this NPRM, new special provision A210 is proposed to be assigned to the new HMT italicized entries for “Catecholborane” and “1, 3, 2-Benzodioxaborole.”
• In this NPRM, new special provision A212 is proposed to be assigned to the HMT entry “UN 2031, Nitric acid other than red fuming, with more than 20 percent and less than 65 percent nitric acid.”
• In this NPRM, new special provision B134 is proposed to be assigned to the PG III entries in Table 4 to be consistent with revisions to the IMDG Code.

• In this NPRM, new special provision B135 is proposed to be assigned to the PG III entries in Table 5 consistent with revisions to the IMDG Code.

• In this NPRM, special provision TP1 is changed to TP2 for the following entries: “UN 2672, Ammonia solution, relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia”; “UN 2709, Butyl benzenes”; “UN 2241, Cycloheptane”; “UN 1206, Heptanes”; “UN 1208, Hexanes”; “UN 2294, N-Methylaniline”; “UN 2296, Methylcyclohexane”; “UN 1920, Nonanes”; “UN 1262, Octanes”; “UN 2368, alpha-Pinene”; “UN 1272, Pine oil”; “UN 2850, Propylene tetramer”; “UN 2325, 1,3,5-Trimethylbenzene”; “UN 2057, Tripropylene”; “UN 1299, Turpentine”; and “UN 1840, Zinc chloride, solution.” Tank provision TP2 authorizes a slightly lower degree of filling than TP1. The IMDG Code follows a guiding principle that assigns TP2 to materials that are marine pollutants. In a previous harmonization rulemaking (HM-215M; 80 FR 1075), PHMSA added various hazardous materials to the list of marine pollutants in appendix B to § 172.101, but both the HMT and IMDG Code failed to change the TP code from TP1 to TP2 to authorize a lower degree of filling.
• In this NPRM, special provisions T9, TP7, and TP33 are proposed to be assigned to the HMT entry “UN 1415, Lithium.” This permits UN 1415 for transportation in UN portable tanks consistent with similar Division 4.3, PG I materials.
• In this NPRM, new special provisions W31, W32, W40, and W100 are proposed to certain water-reactive substances. The proposed special provisions correspond with special packaging provisions PP31, PP31 “modified” (Packing Instruction P403), PP40, and PP100 of the IMDG Code, respectively. Table 6 contains the proposed changes listed in alphabetical order and showing the proper shipping name, UN identification number, and the proposed special provision(s).

Amendments to column (9) quantity limitations:

Section 172.101(j) describes column (9) of the HMT and the quantity limitations for specific entries. Furthermore, columns (9A) and (9B) specify the maximum quantities that may be offered for transportation in one package by passenger-carrying aircraft or passenger-carrying rail car (column (9A)) or by cargo-only aircraft (column (9B)). The indication of “forbidden” means the material may not be offered for transportation or transported in the applicable mode of transport.

In this NPRM, PHMSA proposes for column (9B) a quantity limit of 75 kg for “UN 0501, Propellant, solid, Division 1.4C.” Previously, column (9B) forbid the transport of UN 0501 by cargo-only aircraft. This new quantity limit is consistent with the authorized quantity limit found in the ICAO Technical Instructions. In a working paper submitted at the 25th meeting the ICAO DGP, it was noted that while all other Division 1.4C explosives listed in the table were forbidden on passenger aircraft, only UN 0501 was also forbidden on cargo aircraft. A maximum net quantity of 75 kg per package was permitted on cargo aircraft for all other Division 1.4C explosives. It was also reported that a June 2015 meeting of the United Nations Working Group on Explosives had determined that there were no differences between the transport risks posed by UN 0501 and other Division 1.4C explosives.

Amendments to column (10) vessel stowage requirements:

Section 172.101(k) explains the purpose of column (10) of the HMT and prescribes the vessel stowage and segregation requirements for specific entries. Column (10) is divided into two columns: column (10A) [Vessel stowage] specifies the authorized stowage locations on board cargo and passenger vessels, and column (10B) [Other provisions] specifies special stowage and segregation provisions. The meaning of each code in column (10B) is set forth in § 176.84 of this subchapter.

Consistent with changes to Amendment 38-16 of the IMDG Code, PHMSA proposes numerous changes to the vessel stowage location codes shown in column (10A) of the HMT. The majority of these changes are a result of those made to the IMDG Code to ensure the safe transportation of substances requiring stabilization when transported by vessel. Table 7 contains the proposed changes listed in alphabetical order and showing the proper shipping name, UN identification number, current vessel stowage location code, and proposed vessel stowage location.

With the addition of a Division 6.1 subsidiary hazard to “UN 2815, N-Aminoethylpiperazine,” “UN 2977, Radioactive material, uranium hexafluoride, fissile,” and “UN 2978, Radioactive material, uranium hexafluoride non fissile or fissile-excepted,” PHMSA proposes that code “40,” which indicates that the material must be stowed clear of living quarters, be added to column (10B) for these entries to remain consistent with the IMDG Code.

As a consequence of adding special provision 387, which addresses stabilization requirements to 52 existing entries in the HMT that are identified as requiring such, the IMO amended vessel stowage requirements for these entries. PHMSA proposes to add code “25” to column (10B) for the same 52 entries identified in Table 2. We note that the IMDG Code did not assign stowage provisions equivalent to code “25” to “UN 1167, Divinyl ether, stabilized” or “UN 2383, Dipropylamine.” Stowage code “25” requires these materials to be protected from sources of heat. PHMSA believes the omission of this stowage requirement in the IMDG Code to be an oversight, and we propose to add stowage code “25” to these two HMR entries.

Code “28” requires materials to which this code is assigned to be stowed away from flammable liquids. In this NPRM, consistent with changes to the IMDG Code, PHMSA proposes to remove code “28” from column (10B) for the following HMT entries: “UN 2965, Boron trifluoride dimethyl etherate”; “UN 2988, Chlorosilanes, water-reactive, flammable, corrosive, n.o.s”; “UN 1183, Ethyldichlorosilane”; “UN 1242, Methyldichlorosilane”; “UN 3490, Toxic by inhalation liquid, water-reactive, flammable, n.o.s. with an LC50 lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50”; and “UN 1295, Trichlorosilane.”

Appendix B to § 172.101:

Appendix B to § 172.101 lists marine pollutants regulated under the HMR. PHMSA proposes to revise the list of marine pollutants by adding six new entries to remain consistent with the IMDG Code. These changes are proposed to include those substances that were either assigned a “P” in the dangerous goods list or identified in the alphabetical index to Amendment 38-16 of the IMDG Code—based on review of evaluations for each individual material, and associated isomers where appropriate, performed by the Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) and the GESAMP defining criteria for marine pollutants. The following entries are proposed to be added to the list of marine pollutants in appendix B to § 172.101: Hexanes; Hypochlorite solutions; Isoprene, stabilized; N-Methylaniline; Methylcyclohexane; and Tripropylene.

Section 172.102 special provisions:

Section 172.102 lists special provisions applicable to the transportation of specific hazardous materials. Special provisions contain packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. In this NPRM, PHMSA proposes the following revisions to § 172.102 special provisions:

• Special Provision 40: Special provision 40 prescribes the criteria for classification of a “Polyester resin kit.” PHMSA proposes to revise special provision 40 by authorizing a polyester resin kit to contain a Division 4.1 base material consistent with the new HMT entry “UN 3527, Polyester resin kit, solid base material, 4.1.”
• Special Provision 134: Special provision 134 prescribes the applicability of the HMT entry “UN 3171, Battery-powered vehicle or Battery-powered equipment.” PHMSA proposes to revise special provision 134 by amending the list of battery powered vehicle examples to include trucks, locomotives, bicycles (pedal cycles with an electric motor) and other vehicles of this type (e.g., self-balancing vehicles or vehicles not equipped with at least one seating position), and self-propelled farming and construction equipment. In addition, PHMSA proposes to organize the structure of the special provision into paragraph form for ease of reading.
• Special Provision 135: Special provision 135 specifies that an internal combustion engine installed in a vehicle must be consigned to the entries “Vehicle, flammable gas powered” or “Vehicle, flammable liquid powered,” as appropriate. PHMSA proposes to revise special provision 135 by clarifying that vehicles powered by both a flammable liquid and a flammable gas internal combustion engine must be consigned to the entry “Vehicle, flammable gas powered.” In addition, PHMSA proposes to revise special provision 135 by clarifying that for the purpose of this special provision, a “vehicle” is a self-propelled apparatus designed to carry one or more persons or goods. A list of examples is provided.
• Special Provision 157: PHMSA proposes adding new special provision 157 and assigning it to “UN 3527, Polyester resin kit, solid base material.” The special provision would allow the maximum net capacity for inner packagings of flammable solids in packing group II to be increased to no more than 5 kg (11 pounds) when the material is transported as a limited quantity.
• Special Provision 181: PHMSA proposes adding new special provision 181 and assigning it to “UN 3481, Lithium ion batteries contained in equipment”; “UN 3481, Lithium ion batteries packed with equipment”; “UN 3091, Lithium metal batteries contained in equipment”; and “UN 3091, Lithium metal batteries packed with equipment.” The special provision would specify that when lithium cells or batteries packed with equipment and lithium cells or batteries contained in equipment are packed in the same package, the shipping paper (if used) and the package must use the “packed with” proper shipping name and UN number. Further, all packaging requirements applicable to both proper shipping names must be met and the total mass of cells or batteries in the package must not exceed the quantity limits specified in columns (9A) and (9B), as applicable.
• Special Provision 182: PHMSA proposes adding new special provision 182 and assigning it to “UN 3072, Life-saving appliances, not self-inflating containing dangerous goods as equipment” to clarify that equipment containing only lithium batteries must be classified as either UN 3091 or UN 3481, as appropriate.
• Special Provision 238: Special provision 238 addresses the shipment of neutron radiation detectors. PHMSA proposes to revise special provision 238 to align with the UN Model Regulations special provision 373 by permitting the packaging to contain “absorbent” or “adsorbent” material where the previous requirement permitted “absorbent” material only.
• Special Provision 369: Special provision 369 prescribes classification criteria, consignment instructions and transport conditions for “UN 3507, Uranium hexafluoride, radioactive material, excepted package, less than 0.1 kg per package, non-fissile or fissile-excepted.” PHMSA proposes to revise special provision 369 in conjunction with revising the primary classification for UN 3507 from Class 8 to Division 6.1. Specifically, PHMSA proposes to clarify that this radioactive material in an excepted package possessing toxic and corrosive properties is classified in Division 6.1 with radioactive and corrosive subsidiary risks.
• Special Provision 379: PHMSA proposes adding new special provision 379 and assigning it to the HMT entries “UN 1005, Ammonia, anhydrous” and “UN 3516, Adsorbed gas, toxic, corrosive, n.o.s.” This special provision is applicable to ammonia dispensers containing adsorbed ammonia, which are used to reduce polluting nitrogen oxide emissions from automobiles. The UN Sub-Committee found that the substance contained in the receptacles did not meet any criteria for classification in the Model Regulations, but it acknowledged that the substance did fit the recent definition of an adsorbed gas. Based on the stability of adsorption under normal transport conditions, an exception for these dispensers was adopted subject to appropriate packaging conditions. These materials are normally forbidden for transport by air on passenger and cargo aircraft; however, consistent with the ICAO Technical Instructions, PHMSA proposes to authorize them on cargo aircraft subject to the transport conditions prescribed in the special provision with additional approval of the Associate Administrator.
• Special Provision 387: PHMSA proposes adding new special provision 387 and assigning it to the four new “n.o.s.” polymerizing substance HMT entries and to the 52 existing HMT entries that are identified as requiring stabilization. This special provision sets forth the transport conditions when stabilization, or prevention of polymerization, is provided through the use of a chemical inhibitor. When a substance is stabilized via use of a chemical inhibitor, it is important to ensure that the level of stabilization is sufficient to prevent the onset of a dangerous reaction under conditions normally incident to transportation. This special provision requires a determination that the degree of chemical stabilization employed at the time the package, IBC, or tank is offered for transport must be suitable to ensure that the sustained bulk mean temperature of the substance in the package, IBC, or tank will not exceed 50 °C (122 °F), under conditions normally incident to transportation. The special provision also specifies that temperature control is required at the point where chemical stabilization becomes ineffective at lower temperatures within the anticipated duration of transport. Consistent with the ICAO Technical Instructions, PHMSA proposes to clarify in special provision 387 that these substances are forbidden for transport by air when temperature control is required.
• Special Provision 422: PHMSA proposes to add new special provision 422 to the HMT entries “UN 3480, Lithium ion batteries including lithium ion polymer batteries”; “UN 3481, Lithium ion batteries contained in equipment including lithium ion polymer batteries”; “UN 3481, Lithium ion batteries packed with equipment including lithium ion polymer batteries”; “UN 3090, Lithium metal batteries including lithium alloy batteries”; “UN 3091, Lithium metal batteries contained in equipment including lithium alloy batteries”; and “Lithium metal batteries packed with equipment including lithium alloy batteries.” Special provision 422 states that the new lithium battery Class 9 label shown in § 172.447 is to be used for packages containing lithium batteries that require labels. Consistent with the UN Model Regulations, PHMSA proposes a transition period that would authorize labels conforming to requirements in place on December 31, 2016 to continue to be used until December 31, 2018. Class 9 placards, when used, must conform to the existing requirements in § 172.560.
• Special Provision A210: PHMSA proposes adding new special provision A210 and assigning it to the new italicized HMT entries “Catecholborane” and its synonym “1, 3, 2-Benzodioxaborole.” Consistent with the ICAO Technical Instructions, this special provision clarifies that this substance is forbidden for transport by air and may only be transported on cargo aircraft with the approval of the Associate Administrator.
• Special Provision A212: PHMSA proposes adding new special provision A212 and assigning it to the to the HMT entry “UN 2031, Nitric acid other than red fuming, with more than 20 percent and less than 65 percent nitric acid.” Consistent with the ICAO Technical Instructions, this special provision allows sterilization devices containing nitric acid conforming to the conditions in the special provision to be offered for transportation by passenger aircraft irrespective of column (9A) of the § 172.101 HMT listing the material as forbidden.
• Special Provision B134: PHMSA proposes adding new special provision B134 and assigning it to UN Numbers 1309, 1376, 1483, 1869, 2793, and 2878. When in Large Packagings offered for transport by vessel, flexible or fiber inner packages containing these materials would need to be sift-proof and water-resistant, or fitted with a sift-proof and water-resistant liner. Consistent with the IMDG Code, these provisions will increase the ability of these packages to perform their containment function and reduce the likelihood of a fire on board cargo vessels when used to transport substances that either generate large amounts of heat or give off flammable or corrosive toxic gases on contact with water or moisture.
• Special Provision B135: PHMSA proposes adding new special provision B135 and assigning it to UN Numbers 1932, 2008, 2545, 2546, 2881, and 3189. When in Large Packagings offered for transport by vessel, flexible or fiber inner packages containing these materials would need to be hermetically sealed. Consistent with the IMDG Code, these provisions will increase the ability of these packages to perform their containment function and reduce the likelihood of a fire on board cargo vessels when used to transport substances that either generate large amounts of heat or give off flammable or corrosive toxic gases on contact with water or moisture.
• IP Code 19: PHMSA proposes to add a new IP Code 19 and assign it to UN 3531, UN 3532, UN 3553, and UN 3534. Consistent with international regulations, this special provision would require that IBCs are designed and constructed to permit the release of gas or vapor, thereby preventing a build-up of pressure that could rupture the IBCs in the event of loss of stabilization
• Special Provision N90: Special provision N90 is assigned to the HMT entry “UN 3474, 1-Hydroxybenzotriazole, monohydrate” and prohibits the use of metal packages. PHMSA proposes, consistent with the UN Model Regulations, to revise special provision N90 by clarifying that the prohibition of metal packages does not include packagings constructed of other material with a small amount of metal (e.g., metal closures or other metal fittings). However, packagings constructed with a small amount of metal must be designed such that the hazardous material does not contact the metal.
• Special Provision N92: PHMSA proposes adding special provision N92 to the four proposed polymerizing substance, n.o.s. entries. This special provision requires packages that are utilized for the transportation of polymerizing substances to be designed and constructed to permit the release of gas or vapor to prevent a build-up of pressure that could rupture the packagings in the event of loss of stabilization.
• Special Provision W31: PHMSA proposes adding new special provision W31 and assigning it to the 155 HMT entries identified in Table 6 in the “Amendments to column (7) special provisions” section of this rulemaking. With the addition of this special provision, PHMSA proposes to require packages assigned as such to be hermetically sealed when offered for transportation by vessel.

The proposed addition of W31 to these commodities harmonizes the HMR with changes made in Amendment 38-16 of the IMDG Code, as well as the transportation requirements of the HMR with the IMDG Code for other commodities where they were not previously harmonized. The IMDG Code has had provisions in place equivalent to proposed W31 (PP31) for certain commodities since at least 1998. Other hazardous materials regulations (ICAO Technical Instructions, HMR, and UN Model Regulations) do not currently contain provisions similar to W31. Amendment 38-16 of the IMDG Code is adding this hermetically sealed packaging requirement to 15 entries in its Dangerous Goods List (some with multiple packing groups).

The proposed amendment would reduce the risk of fire on board cargo vessels carrying hazardous materials that can react dangerously with the ship's available water and carbon dioxide fire extinguishing systems. Some of the hazardous materials for which PHMSA is proposing to amend the vessel transportation packaging requirements react with water or moisture generating excessive heat or releasing toxic or flammable gases. Common causes for water entering into the container are: water entering through ventilation or structural flaws in the container; water entering into the containers placed on deck or in the hold in heavy seas; and water entering into the cargo space upon a ship collision or leak. If water has already entered the container, the packaging is the only protection from a potential fire.

In this NPRM, PHMSA proposes to strengthen the ability of these packages transporting water-reactive substances. PHMSA anticipates this proposed amendment could result in additional costs to domestic-only shippers but not to those shippers transporting such goods internationally. We assume that all shippers that ship hazardous materials internationally will incorporate IMDG Code-compliant packaging requirements into their business practices. These proposed amendments will increase costs for some domestic shipments of affected commodities and will require materials currently transported in packaging not already hermetically sealed to be thus packaged. Adoption of these provisions will increase the ability of these packages to perform their containment function and reduce the likelihood of a fire on board cargo vessels when used to transport substances that either generate large amounts of heat or give off flammable or toxic gases on contact with water or moisture. A 2011 Formal Safety Assessment (FSA) report presented to the IMO on shipping water-reactive materials by vessel provides guidance regarding changes to the regulation of such shipments, as well as the net benefit of such changes. The FSA report notes that analysis of the documented cases of fire at sea indicates that the cause of the accidents is often difficult or impossible to determine. Although the cargo space is in some cases identified as the origin of the fire, the originating container is only identifiable in rare instances, and thus, there is no reliable data on the involvement of water-reactive materials in these fires. Additionally, in most cases, fires that start do not exceed the containment of the container itself and extinguish on their own. These self-extinguishing fires are usually not detected until the container is unloaded at its destination and, thus, are rarely documented in any relation to vessel or mode of shipment.

Regarding the cost of reducing the risk of fire from water-exposure of water-reactive materials by requiring water-resistant packaging, the FSA report concluded that the costs in relation to the amount of affected goods is likely to be high. However, the FSA expect that this measure will affect only a small number of goods, which are transported in small amounts, so that the costs in relation to the total amount of all transported goods is likely to be low. PHMSA recognizes that both the FSA report and our own Regulatory Impact Analysis lack quantitative data on the true cost of this proposal, as well as the amount of these hazardous materials currently transported by vessel. We are specifically soliciting comment addressing any estimates of the cost of compliance with these amendments and any quantitative data on the amounts of the commodities affected by this proposal that are currently offered for transportation by domestic vessel.

• Special Provision W32: PHMSA proposes adding new special provision W32 and assigning it to 38 HMT entries identified in Table 6 in the “Amendments to column (7) special provisions” section of this rulemaking. With the addition of this special provision, PHMSA proposes to require packages assigned this special provision to be hermetically sealed, except for solid fused material, when offered for transportation by vessel. The 38 entries to which this addition are proposed are already required to be packaged in this manner in accordance with the IMDG Code through a modified PP31 (when compared to the PP31 mentioned in the W31 discussion above) assigned to various packing instructions. See the comments in the W31 discussion above for more discussion on the reasons for this proposed amendment.
• Special Provision W40: PHMSA proposes adding new special provision W40 and assigning it to 38 HMT entries identified in Table 6 in the “Amendments to column (7) special provisions” section of this rulemaking. With the addition of this special provision, PHMSA proposes to prohibit the use of bags when offered for transportation by vessel. See the comments in the W31 discussion above for more discussion on the reasons for this proposed amendment.
• Special Provision W100: PHMSA proposes adding new special provision W100 and assigning it to 27 HMT entries identified in Table 6 in the “Amendments to the column (7) special provisions” section of this rulemaking. With the addition of this special provision, PHMSA proposes to require flexible, fiberboard, or wooden packagings that are assigned this special provision to be sift-proof and water-resistant, or to be fitted with a sift-proof and water-resistant liner. These proposed amendments are intended to ensure that water-reactive materials transported by vessel are in packages that provide an appropriate level of protection from the ingress of water. See the comments in the W31 discussion above for more discussion on the reasons for this proposed amendment.

Section 172.407

Section 172.407 prescribes specifications for labels. On January 8, 2015, PHMSA published a final rule [Docket No. PHMSA-2013-0260 (HM-215M); 80 FR 1075] that required labels to have a solid line forming the inner border 5 mm from the outside edge of the label and a minimum line width of 2 mm. Transitional exceptions were provided allowing labels authorized prior to this rulemaking to be used until December 31, 2016.

The rulemaking authorized a reduction in label dimensions and features if the size of the packaging so requires. This allowance for reduction in label dimensions, consistent with the requirements for standard size labels, was contingent on the solid line forming the inner border remaining 5 mm from the outside edge of the label and the minimum width of the line remaining 2 mm. PHMSA has become aware that maintaining these inner border size requirements, while reducing the size of other label elements, may potentially result in the symbols on the reduced size labels no longer being identifiable. Consequently, we are proposing to revise paragraph (c)(i) to remove the existing inner border size requirements for reduced dimension labels and authorizing the entire label to be reduced proportionally.

In the same January 8, 2015 final rule, PHMSA authorized the continued use of a label in conformance with the requirements of this paragraph in effect on December 31, 2014, until December 31, 2016. PHMSA has been made aware that the transition period provided may not be sufficient to allow the regulated community to implement necessary changes to business practices or to deplete inventories of previously authorized labels. PHMSA is proposing to extend the transition date provided in paragraph (c)(1)(iii) until December 31, 2018 for domestic transportation in order to provide additional time for implementation and depletion of existing stocks of labels.

Section 172.447

PHMSA proposes to create a new section containing a new Class 9 hazard warning label for lithium batteries. The label would consist of the existing Class 9 label with the addition of a figure depicting a group of batteries with one broken and emitting a flame in the lower half. This label would appear on packages containing lithium batteries required to display hazard warning labels and is intended to better communicate the specific hazards posed by lithium batteries. This action is consistent with the most recent editions of the UN Model Regulations, the ICAO Technical Instructions, and the IMDG Code. Packages of lithium batteries displaying the existing Class 9 label may continue to be used until December 31, 2018. We propose this transition period to allow shippers to exhaust existing stocks of labels and pre-printed packagings. We are not proposing any modifications to the existing Class 9 placard or the creation of a Class 9 placard specifically for cargo transport units transporting lithium batteries. PHMSA solicits comment on the appropriateness of this transition period.

Section 172.505

Section 172.505 details the transport situations that require subsidiary placarding. Uranium hexafluoride is a volatile solid that may present both chemical and radiological hazards. It is one of the most highly soluble industrial uranium compounds and, when airborne, hydrolyzes rapidly on contact with water to form hydrofluoric acid (HF) and uranyl fluoride (UO₂ F₂).

As previously discussed in the review of changes to § 172.102, the UN Sub-Committee determined it necessary that a 6.1 subsidiary hazard be added to the Dangerous Goods List of uranium hexafluoride entries. Currently, in addition to the radioactive placard which may be required by § 172.504(e), each transport vehicle, portable tank, or freight container that contains 454 kg (1,001 pounds) or more gross weight of non-fissile, fissile-excepted, or fissile uranium hexafluoride must be placarded with a corrosive placard on each side and each end. PHMSA proposes to add a requirement for these shipments currently requiring corrosive subsidiary placards to also placard with 6.1 poison or toxic placards. PHMSA believes the addition of this requirement will provide important hazard communication information in the event of a release of uranium hexafluoride.

Part 173

Section 173.4a

Section 173.4a prescribes transportation requirements for excepted packages. In this NPRM, consistent with changes to the UN Model Regulations, PHMSA proposes to amend paragraph (e)(3) to allow required absorbent materials to be placed in either the intermediate or outer packaging. PHMSA believes this change will provide shippers of excepted packages with increased flexibility in choosing packaging configurations, while maintaining the current level of safety for the transportation of these small amounts of hazardous materials.

Section 173.9

Section 173.9 prescribes requirements for the fumigant marking. In this NRPM, PHMSA proposes to amend § 173.9 to require that the fumigant marking and its required information are capable of withstanding a 30-day exposure to open weather conditions. This requirement is consistent with the survivability requirements for placards found in § 172.519. Amendment 38-16 of the IMDG Code was amended to require the fumigant marking to be capable of surviving three months immersion in the sea, which is consistent with IMDG Code requirements for placard survivability. PHMSA believes ensuring that the fumigant marking and its required information are robust enough to handle conditions normally incident to transportation will ensure the proper information is conveyed to those needing it. Therefore, we are proposing amendments to this section consistent with the survivability requirements for placards.

Section 173.21

Section 173.21 describes situations in which the offering for transport or transportation of materials or packages is forbidden. Examples 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. In § 173.21, PHMSA proposes to lower the temperature threshold at which a polymerizing substance is forbidden for transport, unless the material is stabilized or inhibited, from 54 °C (130 °F) to 50 °C (122 °F) and to amend the table in paragraph (f)(1) to accommodate the specific temperature controls applicable to polymerizing substances. This 50 °C (122 °F) temperature is consistent with existing requirements for Division 4.1 (Self-reactive) and Division 5.2 (Organic peroxide) hazardous materials, as well as the 19th Revised Edition of UN Model Regulations for the transport of polymerizing substances in packages and IBCs, which requires temperature control in transport if the SAPT is 45 °C (113 °F) only for polymerizing substances offered for transport in portable tanks. We are not proposing to adopt a different temperature threshold before temperature control is required for portable tanks transporting polymerizing substances. At this time, we believe there is not sufficient data to support a different threshold for polymerizing substances in portable tanks. Further, we believe maintaining a single SADT/SAPT for temperature controls for all relevant materials (i.e., self-reactives, organic peroxides, and polymerizing substances) and all packaging sizes (i.e., non-bulk, IBC, and bulk) is less confusing for the user.

Section 173.40

Section 173.40 provides general packaging requirements for toxic materials packaged in cylinders. In this NPRM, PHMSA proposes to revise paragraph (a)(1) to clarify that TC, CTC, CRC, and BTC cylinders authorized in § 171.12, except for acetylene cylinders, may be used for toxic materials.

Section 173.50

Section 173.50 provides definitions for the various divisions of Class 1 (Explosive) materials referenced in part 173 subpart C. Paragraph (b) of this section notes that Class 1 (Explosive) materials are divided into six divisions and that the current definition of Division 1.6 states that “this division comprises articles which contain only extremely insensitive substances.” PHMSA proposes to amend the definition of Division 1.6 to note that the division is made up of articles that predominately contain extremely insensitive substances. Consistent with the recent changes to the UN Model Regulations, the new definition means that an article does not need to contain solely extremely insensitive substances to be classified as a Division 1.6 material.

Section 173.52

Section 173.52 contains descriptions of classification codes for explosives assigned by the Associate Administrator. These compatibility codes consist of the division number followed by the compatibility group letter. Consistent with changes proposed to § 173.50 and those made in the UN Model Regulations, PHMSA proposes to amend the descriptive text for the 1.6N classification code entry in the existing table in this section to indicate that these explosives are articles predominantly containing extremely insensitive substances.

Section 173.62

Section 173.62 provides specific packaging requirements for explosives. Consistent with the UN Model Regulations, PHMSA proposes to revise § 173.62 relating to specific packaging requirements for explosives.

In paragraph (b), in the Explosives Table, the entry for “UN 0510, Rocket motors” would be added and assigned Packing Instruction 130 consistent with other rocket motor entries.

In paragraph (c), in the Table of Packing Methods, Packing Instruction 112(c) would be revised by adding a particular packaging requirement applicable to UN 0504 requiring that metal packagings must not be used. It would also be clarified that the prohibition of metal packagings does not include packagings constructed of other material with a small amount of metal (e.g., metal closures or other metal fittings). Packing Instruction 114(b) would be revised to clarify in the particular packaging requirement applicable to UN 0508 and UN 0509 that the prohibition of metal packagings does not include packagings constructed of other material with a small amount of metal (i.e., metal closures or other metal fittings). Packing Instruction 130 would be revised by adding UN 0510 to the list of large and robust explosives articles that may be transported unpackaged. PHMSA proposes to add UN 0502 to Packing Instruction P130. This addition corrects an existing error in the HMR. Packing Instruction 130 is referenced for UN 0502, but there is no mention of UN 0502 in the actual instruction. Packing Instruction 137 would be revised by amending the particular packaging instruction applicable to UN Numbers 0059, 0439, 0440, and 0441 by replacing the marking requirement “THIS SIDE UP” with a reference to the package orientation marking prescribed in § 172.312(b).

Section 173.121

Section 173.121 provides criteria for the assignment of packing groups to Class 3 materials. Paragraph (b)(iv) provides criteria for viscous flammable liquids of Class 3, such as paints, enamels, lacquers and varnishes, to be placed in packing group III on the basis of their viscosity, coupled with other criteria. In this NPRM, and consistent with the changes to the UN Model regulations, PHMSA proposes to amend paragraph (b)(iv) to include additional viscosity criteria that can be used as an alternative where a flow cup test is unsuitable. Many products of the paint and printing ink industry are thixotropic in nature, which means that they are viscous at rest but become thinner on application of shear or agitation (such as stirring or brushing). During transport these viscous flammable liquids have the potential to thin under movement, but their viscosity cannot be properly characterized using a flow cup test since they will not run through the cup under static conditions. Additionally, PHMSA proposes to include an explanatory footnote to the existing table of viscosity and flash point to assist users of the section in determining kinematic viscosity.

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). Division 4.1 (Flammable solid) includes desensitized explosives, self-reactive materials, and readily combustible solids. The UN Model Regulations adopted amendments to include polymerizing materials to the list of materials that meet the definition of Division 4.1. Transport conditions for polymerizing materials are not new under the HMR. Section § 173.21 presently contains approval provisions for the transport of polymerizing materials. Unlike the present HMR requirements, the classification requirements adopted in the UN Model Regulations do not require testing to determine the rate of vapor production when heated under confinement. This rate should be the deciding factor when determining whether a polymerizing substance should be authorized for transportation in an IBC or portable tank. PHMSA proposes to add polymerizing materials to the list of materials that meet the definition of Division 4.1 with the additional requirement that that polymerizing substances are only authorized for transport if they pass the UN Test Series E at the “None” or “Low” level when tested for heating under confinement, or other equivalent test method. Given concerns with potential test equipment issues (i.e., clogging) when subjecting polymerizing materials to the UN Test Series E, PHMSA solicits comment on other equivalent test methods.

Specifically, we propose to add a new paragraph, (a)(4), that defines polymerizing materials generally and specifies defining criteria. Polymerizing materials are materials that are liable to undergo an exothermic reaction resulting in the formation of polymers under conditions normally encountered in transport. Additionally, polymerizing materials in Division 4.1 have a self-accelerating polymerization temperature of 75 °C (167 °F) or less; have an appropriate packaging determined by successfully passing the UN Test Series E at the “None” or “Low” level or by an equivalent test method; exhibit a heat of reaction of more than 300 J/g; and do not meet the definition of any other hazard class.

Section 173.165

Section 173.165 prescribes the transport and packaging requirements for polyester resin kits. PHMSA proposes to revise § 173.165 by adding the requirements for polyester resin kits with a flammable solid base consistent with the new HMT entry “UN 3527, Polyester resin kit, solid base material, 4.1.”

Section 173.185

Section 173.185 prescribes transportation requirements for lithium batteries. Paragraph (c) describes alternative packaging and alternative hazard communication for shipments of up to 8 small lithium cells or 2 small batteries per package (up to 1 gram per lithium metal cell, 2 grams per lithium metal battery, 20 Wh per lithium ion cell, and 100 Wh per lithium ion battery). Specifically, PHMSA proposes to amend paragraph (c) to require strong outer packagings for small lithium cells or batteries to be rigid and to replace the current text markings that communicate the presence of lithium batteries and the flammability hazard that exists if damaged with a single lithium battery mark. Additionally, the package must be of adequate size that the lithium battery mark can be displayed on one side of the package without folding. PHMSA also proposes to require the lithium battery mark to appear on packages containing lithium cells or batteries, or lithium cells or batteries packed with, or contained in, equipment when there are more than two packages in the consignment. This requirement would not apply to a package containing button cell batteries installed in equipment (including circuit boards) or when no more than four lithium cells or two lithium batteries are installed in the equipment. We are further clarifying what is meant by the term “consignment” by defining the term used in § 173.185 as one or more packages of hazardous materials accepted by an operator from one shipper at one time and at one address, receipted for in one lot and moving to one consignee at one destination address.

Under current HMR requirements, a package of cells or batteries that meets the requirements of § 173.185(c) may be packed in strong outer packagings that meet the general requirements of §§ 173.24 and 173.24a instead of the standard UN performance packaging. Lithium batteries packed in accordance with § 173.185(c) must be packed in strong outer packagings that meet the general packaging requirements of §§ 173.24 and 173.24a and be capable of withstanding a 1.2 meter (3.9 ft) drop test without damage to the cells or batteries contained in the package, shifting of the contents that would allow battery to battery or cell to cell contact, or release of contents. Alternative hazard communication requirements also apply. The Class 9 label is replaced with text indicating the presence of lithium batteries; an indication that the package must be handled with care and that a flammability hazard exists if damaged; procedures to take in the event of damage; and a telephone number for additional information. Instead of a shipping paper, the shipper can provide the carrier with an alternative document that includes the same information as provided on the package.

In this NPRM, PHMSA proposes to replace the existing text marking requirements in § 173.185(c)(3) with a standard lithium battery mark for use in all transport modes and to remove the requirement in § 173.185(c)(3) for shippers to provide an alternative document. The lithium battery mark communicates key information (i.e., the package contents and that a flammability hazard exists if damaged). The mark utilizes recognizable symbols that permit transport workers and emergency responders to quickly ascertain the package contents and take appropriate action. A single mark that is understood and accepted for all transport modes will increase the effectiveness. PHMSA proposes a transition period of December 31, 2018, to provide adequate time for shippers to transition the new lithium battery mark and exhaust existing stocks of preprinted packagings or markings. The current documentation requirement is redundant given the existing marking requirement and provides minimal additional safety value to that provided by the mark.

At the 49th session of UN Sub-Committee, a late design revision to the lithium battery mark was adopted to authorize the mark on a background of “suitable contrasting color” in addition to white. This is consistent with design requirements for limited quantity marks and other marks in the Model Regulations. We are proposing to also allow the mark on a background of suitable contrasting color in addition to white.

Additionally, PHMSA proposes to amend § 173.185(c)(2) to specify that outer packagings used to contain small lithium batteries must be rigid and of adequate size so the handling mark can be affixed on one side without the mark being folded. The HMR currently do not prescribe minimum package dimensions or specific requirements for package performance other than the requirements described in §§ 173.24 and 173.24a. We are aware of several instances in which either the package dimensions were not adequate to accommodate the required marks and labels or the package was not sufficiently strong to withstand the rigors of transport. These proposals will enhance the communication and recognition of lithium batteries and better ensure that packaging is strong enough to withstand normal transport conditions.

PHMSA proposes amendments to § 173.185(e) to permit the transport of prototype and low production runs of lithium batteries contained in equipment. These proposals are mostly consistent with amendments adopted into the 19th Revised Edition of the UN Model Regulations and Amendment 38-16 to the IMDG Code, which authorize the transportation of prototype and low production runs of lithium batteries contained in equipment in packaging tested to the PG II level. The ICAO TI authorizes the transportation of prototype and low production runs of lithium batteries contained in equipment in packaging tested to the PG I level. PHMSA proposes to continue to require prototype and low production batteries to be placed in packaging tested to the PG I performance level. PHMSA believes that the higher integrity packaging provides an additional layer of protection for cells and batteries not otherwise subjected to the UN design tests.

Consistent with changes to the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions, PHMSA proposes to add new paragraph (e)(7) to require shipments of low production runs and prototype lithium batteries to note conformance with the requirements of § 173.185(e) on shipping papers.

Additionally, PHMSA proposes amendments to § 173.185(f)(4) to harmonize with a requirement in the 19th Revised Edition of the UN Model Regulations that the “Damaged/defective lithium ion battery” and/or “Damaged/defective lithium metal battery” marking as appropriate be in characters at least 12 mm (.47 inch) high.

Section 173.217

Section 173.217 establishes packaging requirements for dry ice (carbon dioxide, solid). Paragraph (c) prescribes additional packaging requirements for air transport. Consistent with the ICAO Technical Instructions, in this NPRM, PHMSA proposes to remove the term “other type of pallet” in paragraph (c)(3) that excepts dry ice being used as a refrigerant for other non-hazardous materials from the quantity limits per package shown in columns (9A) and (9B) of the § 172.101 HMT.

A working paper submitted to the October 2014 ICAO Dangerous Goods Panel meeting noted that the term “other type of pallet” was used in conjunction in various parts of the ICAO Technical Instructions with the terms “package,” “overpack,” or “unit load device,” which were all defined in the ICAO Technical Instructions. The ICAO Technical Instructions do not have a specific definition for “other type of pallet,” as the term is understood to represent devices that are widely used in transport, such as wooden skids or pallets that allow the use of a forklift for ease of moving packages around and to prevent damage to the contents of the skid or pallet. The definition for “overpack” already addresses the intent of the term “other type of pallet,” so it was agreed that the term “other type of pallet” was redundant and that references to it would be removed.

Section 173.220

Section 173.220 prescribes transportation requirements and exceptions for internal combustion engines, vehicles, machinery containing internal combustion engines, battery-powered equipment or machinery, and fuel cell-powered equipment or machinery. The UN Model Regulations adopted amendments to the existing UN 3166 engine and vehicle entries during the last biennium. These changes are continuations of efforts undertaken by the UN Sub-Committee to ensure appropriate hazard communication is provided for engines containing large quantities of fuels.

The 17th Edition of the UN Model Regulations added special provision 363, which required varying levels of hazard communication depending on the type and quantity of fuel present, in attempts to ensure the hazards associated with engines containing large quantities of fuel were sufficiently communicated. PHMSA did not adopt the provisions found in special provision 363 at the time they were introduced.

As previously discussed in the review of the new proposed HMT entries, the existing UN 3166 identification number was maintained for the various vehicle entries in the Model Regulations, and three new UN identification numbers and proper shipping names were created for engines or machinery internal combustion and were assigned a hazard classification based on the type of fuel used. The three new UN numbers and proper shipping names are as follows: A Class 3 entry “UN 3528, Engine, internal combustion engine, flammable liquid powered, or Engine fuel cell, flammable liquid powered, or Machinery, internal combustion, flammable liquid powered, or Machinery, fuel cell, flammable liquid powered”; a Division 2.1 entry “UN 3529, Engine, internal combustion engine, flammable gas powered, or Engine fuel cell, flammable gas powered, or Machinery, internal combustion, flammable gas powered, or Machinery, fuel cell, flammable gas powered”; and a Class 9 entry “UN 3530, Engine, internal combustion, or Machinery, internal combustion.”

Consistent with the UN Model Regulations, PHMSA proposes to add to the HMR the new UN identification numbers and proper shipping names for engines and machinery. PHMSA proposes to maintain the existing transportation requirements and exceptions for engines and machinery found in § 173.220 for all modes of transportation other than vessel. To harmonize as closely as possible with Amendment 38-16 of the IMDG Code, PHMSA proposes the following amendments to § 173.220: Amending paragraph (b)(1) to include a reference to engines powered by fuels that are marine pollutants but do not meet the criteria of any other Class or Division; amending paragraph (b)(4)(ii) to include a reference to the proposed new § 176.906 containing requirements for shipments of engines or machinery offered for transportation by vessel; amending paragraph (d) to authorize the transportation of securely installed prototype or low production run lithium batteries in engines and machinery by modes of transportation other than air; and adding paragraph (h)(3) to include references to existing and proposed exceptions for vehicles, engines, and machinery in §§ 176.905 and 176.906.

ICAO adopted a provision that requires battery powered vehicles that could be handled in other than an upright position to be placed into a strong rigid outer package. ICAO adopted this provision to ensure that small vehicles, particularly those powered by lithium batteries are adequately protected from damage during transport. PHMSA proposes to amend paragraphs (c) and (d) consistent with this requirement. While this international requirement is specific to air transport, we believe there is benefit to applying this requirement for transportation by all transport modes.

Section 173.221

Section 173.221 prescribes the packaging requirements for Polymeric beads (or granules), expandable, evolving flammable vapor. PHMSA proposes to add a procedure for declassification of polymeric beads, expandable. This exception is proposed to differentiate between polymeric beads made of materials that may present a risk for formation of a flammable atmosphere in a package and those that do not. When it can be demonstrated that no flammable vapor, resulting in a flammable atmosphere, is evolved by utilizing test U1—the test method for substances liable to evolve flammable vapors—of part III, sub-section 38.4.4 of the UN Manual of Tests and Criteria, polymeric beads, expandable need not be classed as Class 9 (UN 2211).

Section 173.225

Section 173.225 prescribes packaging requirements and other provisions for organic peroxides. Consistent with the UN Model Regulations, PHMSA proposes to revise the Organic Peroxide Table in paragraph (c) by amending the entries for: “Dibenzoyl peroxide,” “tert-Butyl cumyl peroxide,” “Dicetyl peroxydicarbonate,” and “tert-Butyl peroxy-3,5,5-trimethylhexanoate.” We propose to revise the Organic Peroxide IBC Table in paragraph (e) to maintain alignment with the UN Model Regulations by adding new entries for “tert-Butyl cumyl peroxide” and “1,1,3,3-Tetramethylbutyl peroxy-2-ethylhexanoate, not more than 67%, in diluent type A” and adding a type 31HA1 IBC authorization to the existing entry for “Di-(2-ethylhexyl) peroxydicarbonate, not more than 62%, stable dispersion, in water.” We are republishing the complete Organic Peroxide and Organic Peroxide IBC tables to ensure the proposed revisions are correctly inserted and adding the missing “UN” code to several identification numbers assigned to existing entries in the Organic Peroxide Table.

Section 173.301b

Section 173.301b contains additional general requirements for shipment of UN pressure receptacles. PHMSA proposes to amend paragraph (a)(2) to include the most recent ISO standard for UN pressure receptacles and valve materials for non-metallic materials in ISO 11114-2:2013. Additionally, we propose to amend paragraph (c)(1) to include the most recent ISO standard on cylinder valves ISO 10297:2014. This paragraph also contains end dates for when the manufacture of cylinders and service equipment is no longer authorized in accordance with the outdated ISO standard. Finally, we propose to amend § 173.301b(g) to amend a reference to marking requirements for composite cylinders used for underwater applications. The current reference to the “UW” marking in § 173.301b(g) direct readers to § 178.71(o)(17). The correct reference for the “UW marking is § 178.71(q)(18). We propose to make this editorial change in this NPRM.

Section 173.303

Section 173.303 prescribes requirements for charging of cylinders with compressed gas in solution (acetylene). PHMSA proposes to amend paragraph (f)(1) to require UN cylinders for acetylene use to comply with the current ISO standard ISO 3807:2013. This paragraph also contains end dates for when the manufacture of cylinders and service equipment is no longer authorized in accordance with the outdated ISO standard.

Section 173.304b

Section 173.304b prescribes filling requirements for liquefied gases in UN pressure receptacles. The UN Model Regulations amended packing instruction P200 by adding requirements for liquefied gases charged with compressed gases. In this NPRM, PHMSA proposes to amend § 173.304b specifically by adding a new paragraph (b)(5) to include filling limits when a UN cylinder filled with a liquefied gas is charged with a compressed gas. We are not proposing similar filling limits for DOT specification cylinders filled with a liquefied gas and charged with a compressed gas, as we feel the situation is adequately addressed by the requirements found in § 173.301(a)(8).

Section 173.310

Section 173.310 provides the transport conditions for certain specially designed radiation detectors containing a Division 2.2 (Non-flammable) gas. The 19th Revised Edition of the UN Model Regulations added a new special provision 378 applicable to radiation detectors containing certain Division 2.2 gases. Special provision 378 outlines conditions for the use of a non-specification pressure receptacle and strong outer packaging requirements. As § 173.310 currently prescribes similar transport conditions for radiation detectors containing Division 2.2 gases, we are not proposing to add a new special provision.

Consistent with special provision 378 of the UN Model Regulations, PHMSA proposes the following revisions to the transport conditions in § 173.310: [1] In the section header, clarify that Division 2.2 gases must be in non-refillable cylinders; [2] in (b), increase the maximum design pressure from 4.83 MPa (700 psig) to 5.00 MPa (725 psig) and increase the capacity from 355 fluid ounces (641 cubic inches) to 405 fluid ounces (731 cubic inches); [3] in new paragraph (d), require specific emergency response information to accompany each shipment and be available from the associated emergency response telephone number; [4] in new paragraph (e), require that transport in accordance with this section be noted on the shipping paper; and [5] in new paragraph (f), except radiation detectors, including detectors in radiation detection systems, containing less than 1.69 fluid ounces (50 ml) capacity, from the requirements of the subchapter if they conform to (a) through (d) of this section.

Section 173.335

Section 173.335 contains requirements for cylinders filled with chemicals under pressure. The 19th Revised Edition of the UN Recommendations includes new instructions in P200 and P206 on how to calculate the filling ratio and test pressure when a liquid phase of a fluid is charged with a compressed gas. PHMSA proposes to revise the requirements of § 173.335 for chemical under pressure n.o.s. to include a reference to § 173.304b, which specifies additional requirements for liquefied compressed gases in UN pressure receptacles. In another proposed amendment in this NPRM, PHMSA proposes to amend § 173.304b specifically by adding a new paragraph (b)(5) to include these filling and test pressure requirements consistent with the UN Recommendations.

Part 175

Section 175.10

Section 175.10 specifies the conditions for which passengers, crew members, or an operator may carry hazardous materials aboard an aircraft. Paragraph (a)(7) permits the carriage of medical or clinical mercury thermometers, when carried in a protective case in carry-on or checked baggage. Consistent with revisions to the ICAO Technical Instructions, in this NPRM, PHMSA proposes to revise paragraph (a)(7) by limiting thermometers containing mercury to checked baggage only. This revision was based on a proposal submitted to the ICAO DGP/25 meeting that highlighted two incidents involving leakage of mercury from thermometers carried in the cabin and addressed the cost and difficult process of cleaning a spill. The proposal noted that digital thermometers had become widely available, and as such, there was no longer a need to allow mercury thermometers in the cabin or cockpit. The Panel discussed whether mercury thermometers should also be banned from checked baggage but agreed to retain the provision for checked baggage on the basis that there were parts of the world where their use was more prevalent.

Section 175.25

Section 175.25 prescribes the notification that operators must provide to passengers regarding restrictions on the types of hazardous material they may or may not carry aboard an aircraft on their person or in checked or carry-on baggage. Passenger notification of hazardous materials restrictions addresses the potential risks that passengers can introduce on board aircraft. PHMSA's predecessor, the Materials Transportation Bureau, introduced passenger notification requirements in 1980 [Docket No. HM-166B; 45 FR 13087]. Although this section had been previously amended to account for ticket purchase or check-in via the Internet, new technological innovations have continued to outpace these provisions. Notwithstanding the several rounds of revisions, the rule remains unduly prescriptive.

The 2017-2018 ICAO Technical Instructions has removed prescriptive requirements concerning how the information concerning dangerous goods that passengers are forbidden to transport are required to be conveyed to passengers by removing references to “prominently displayed” and “in sufficient numbers.” Additional ICAO Technical Instructions changes include removal of prescriptive requirements that the information be in “text or pictorial form” when checking in remotely, or “pictorial form” when not checking in remotely. ICAO's decision to move to a performance-based requirement will account for changes in technology as well as the unique characteristics of some air carrier operations. ICAO noted that these provisions lagged behind the latest technology and could sometimes hinder the effectiveness and efficiency of notifying passengers about hazardous materials. To account for the utilization of different technologies as well as air carrier specific differences in operating or business practices, ICAO adopted changes that require air carriers to describe their procedures for informing passengers about dangerous goods in their operations manual and/or other appropriate manuals.

PHMSA agrees with this approach and proposes to harmonize with the amendments made to the ICAO Technical Instructions part 7; 5.1. Harmonization is appropriate not only to account for evolving technologies or air carrier specific conditions, but also because we believe that this amendment will result in a more effective notification to passengers.

Under the proposed revisions to § 175.25, in accordance with 14 CFR parts 121 and 135, air carriers operating under 14 CFR parts 121 or 135 will need to describe in an operations manual and/or other appropriate manuals in accordance with the applicable provisions of 14 CFR. The manual(s) will be required to provide procedures and information necessary to allow personnel to implement and maintain their air carrier's specific passenger notification system. Aside from the manual provisions, all persons engaging in for hire air transportation of passengers will continue to be subject to § 175.25.

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. The pilot notification requirements of part 7;4.1.1.1 of the ICAO Technical Instructions include an exception for consumer commodities (ID8000) to allow for the average gross mass of the packages to be shown instead of the actual gross mass of each individual package. This exception is limited to consumer commodities offered to the operator by the shipper in a unit load device (ULD). Consistent with the ICAO Technical Instructions packing instruction applicable to consumer commodities (PI Y963), which permits the shipper to show on the shipping paper either the actual gross mass of each package or the average gross mass of all packages in the consignment, the notification to the pilot-in-command requirement for consumer commodities was revised to remove the exception applicability to ULDs only. This exception did not previously exist under the HMR. In this NPRM, PHMSA proposes to revise § 175.33(a)(3) by adding the text “For consumer commodities, the information provided may be either the gross mass of each package or the average gross mass of the packages as shown on the shipping paper.” This revision would align the consumer commodity notification of the pilot-in-command requirements in the HMR with the ICAO Technical Instructions.

Section 175.900

Section 175.900 prescribes the handling requirements for air carriers that transport dry ice. Consistent with the ICAO Technical Instructions, PHMSA proposes to remove the term “other type of pallet” with regard to packages containing dry ice prepared by a single shipper. See “Section 173.217” of this rulemaking for a detailed discussion of the proposed revision.

Part 176

Section 176.83

Section 176.83 prescribes segregation requirements applicable to all cargo spaces on all types of vessels and to all cargo transport units. Paragraph (a)(4)(ii) has several groups of hazardous materials of different classes, which comprise a group of substances that do not react dangerously with each other and that are excepted from the segregation requirements of § 176.83. Consistent with changes made in Amendment 38-16 of the IMDG Code, PHMSA proposes to add a new group of hazardous materials that do not react dangerously with each other to this paragraph. The following materials are proposed for new paragraph (a)(4)(ii)(C); “UN 3391, Organometallic substance, solid, pyrophoric”; “UN 3392, Organometallic substance, liquid, pyrophoric”; “UN 3393, Organometallic substance, solid, pyrophoric, water-reactive”; “UN 3394, Organometallic substance, liquid, pyrophoric, water-reactive”; “UN 3395, Organometallic substance, solid, water-reactive”; “UN 3396, Organometallic substance, solid, water-reactive, flammable”; “UN 3397, Organometallic substance, solid, water-reactive, self-heating”; “UN 3398, Organometallic substance, liquid, water-reactive”; “UN 3399, Organometallic substance, liquid, water-reactive, flammable”; and “UN 3400, Organometallic substance, solid, self-heating.”

Section 176.84

Section 176.84 prescribes the meanings and requirements for numbered or alpha-numeric stowage provisions for vessel shipments listed in column (10B) of the § 172.101 HMT. The provisions in § 176.84 are broken down into general stowage provisions, which are defined in the “table of provisions” in paragraph (b), and the stowage provisions applicable to vessel shipments of Class 1 explosives, which are defined in the table to paragraph (c)(2). PHMSA proposes to create a new stowage provision 149 and assign it to the new UN 3528 engines or machinery powered by internal combustion engine flammable liquid entry. This new stowage provision will require engines or machinery containing fuels with a flash point equal or greater than 23 °C (73.4 °F) to be stowed in accordance with the stowage requirements of stowage Category A. Engines and machinery containing fuels with a flash point less than 23 °C (73.4 °F) are required to comply with the requirements of stowage Category E.

Additionally, consistent with Amendment 38-16 of the IMDG Code, PHMSA proposes to create a new stowage provision 150 to replace existing stowage provision 129 for “UN 3323, Radioactive material, low specific activity (LSA-III) non fissile or fissile excepted.” This proposed new stowage provision requires that any material that is classified as UN 3323, which is either uranium metal pyrophoric or thorium metal pyrophoric, be stowed in accordance with stowage Category D requirements.

Section 176.905

Section 176.905 prescribes transportation requirements and exceptions for vessel transportation of motor vehicles and mechanical equipment. PHMSA proposes to revise § 176.905 to update the transport requirements and exceptions for vehicles transported by vessel. These changes are necessary to remove references to machinery (see proposed § 176.906) and to maintain consistency with changes made in Amendment 38-16 of the IMDG Code.

The following changes are proposed to the transport requirements for vehicles transported by vessel: [1] In paragraph (a)(2) for flammable liquid powered vehicles, the requirement that flammable liquid must not exceed 250 L (66 gal) unless otherwise approved by the Associate Administrator; [2] in paragraph (a)(4), the authorization to transport vehicles containing prototype or low production run batteries securely installed in vehicles; [3] also in paragraph (a)(4), the requirement that damaged or defective lithium batteries must be removed and transported in accordance with § 173.185(f); and [4] in paragraph (i)(1)(i), the inclusion of text to ensure lithium batteries in vehicles stowed in a hold or compartment designated by the administration of the country in which the vessel is registered as specially designed and approved for vehicles have lithium batteries that have successfully passed the tests found in the UN Manual of Tests and Criteria (except for prototypes and low production runs).

Section 176.906

Consistent with changes made in Amendment 38-16 of the IMDG Code, PHMSA proposes the creation of a new section § 176.906 to prescribe transportation requirements for engines and machinery. Requirements found in paragraphs (a)-(h) are identical to existing requirements for engines and machinery contained in § 176.905, and their reproduction in this section is made necessary by the splitting of the provisions for engines/machinery and vehicles. Paragraph (i) contains exceptions that are divided into two separate categories: [1] Engines and machinery meeting one of the conditions provided in (i)(1), which are not subject to the requirements of subchapter C of the HMR; and [2] engines and machinery not meeting the conditions provided in (i)(1), which are subject to the requirements found in (i)(2) that prescribe general conditions for transport and varying degrees of hazard communication required for engines and machinery based on the actual fuel contents and capacity of the engine or machinery.

A summary of the proposed hazard communication requirements for vessel transportation of engines and machinery that are not empty of fuel based on fuel content and capacity are provided in Tables 8 and 9. The additional hazard communication requirements column indicates requirements that would differ from existing hazard communication requirements for engines or machinery.

Part 178

Section 178.71

Section 178.71 prescribes specifications for UN pressure receptacles. Consistent with the UN Model Regulations, PHMSA proposes to amend paragraphs (d)(2), (h), (k)(2), and (l)(1) to reflect the adoption of the latest ISO standards for the design, construction, and testing of gas cylinders and their associated service equipment. In paragraph (l)(1), we propose to require that composite cylinders be designed for a design life of not less than 15 years, as well as that composite cylinders and tubes with a design life longer than 15 years must not be filled after 15 years from the date of manufacture, unless the design has successfully passed a service life test program. The service life test program must be part of the initial design type approval and must specify inspections and tests to demonstrate that cylinders manufactured accordingly remain safe to the end of their design life. The service life test program and the results must be approved by the competent authority of the country of approval that is responsible for the initial approval of the cylinder design. The service life of a composite cylinder or tube must not be extended beyond its initial approved design life. These paragraphs also contain proposed end dates for when the manufacture of cylinders and service equipment is no longer authorized in accordance with the outdated ISO standard.

Additionally, consistent with the UN Model Regulations, PHMSA proposes to revise paragraph (o)(2) to adopt the current ISO standard relating to material compatibility and to add paragraph (g)(4) to adopt the current ISO standard relating to design, construction, and testing of stainless steel cylinders with an Rm value of less than 1,100 MPa.

Finally, we propose to revise paragraphs (q) and (r) to indicate the required markings for composite cylinders and tubes with a limited design life of 15 years or for cylinders and tubes with a design life greater than 15 years, or a non-limited design life.

Section 178.75

Section 178.75 contains specifications for Multiple-element gas containers (MEGCs). Consistent with the UN Model Regulations, PHMSA proposes to renumber existing paragraph (d)(3)(iv) as (d)(3)(v) and to add a new paragraph (d)(3)(iv) to incorporate ISO 9809-4:2014 for stainless steel cylinders with an Rm value of less than 1,100 MPa.

Section 178.1015

Section 178.1015 prescribes general standards for the use of flexible bulk containers (FBCs). Consistent with changes to the UN Model Regulations, PHMSA proposes to revise paragraph (f) to require that FBCs be fitted with a vent that is designed to prevent the ingress of water in situations where a dangerous accumulation of gases may develop absent such a vent. It is our understanding that only one particular material authorized for transportation in FBCs—UN3378, Sodium carbonate peroxyhydrate—is known to decompose causing a dangerous accumulation of gas.

Part 180

Section 180.205

Section 180.205 outlines general requirements for requalification of specification cylinders. PHMSA proposes an amendment to paragraph (c) to require that Transport Canada cylinders be requalified and marked in accordance with the Transport Canada TDG Regulations. This amendment is necessary to ensure that RIN holders utilize the TDG Regulations when requalifying and marking Transport Canada cylinders.

Section 180.207

Section 180.207 prescribes requirements for requalification of UN pressure receptacles. Consistent with changes to the UN Model Regulations, PHMSA proposes to revise paragraph (d)(3) to incorporate ISO 10462:2013 concerning requalification of dissolved acetylene cylinders. This paragraph also includes an authorization to requalify acetylene cylinders in accordance with the current ISO standard until December 31, 2018.

Section 180.413

Section 180.413 provides the requirements for the repair, modification, stretching, rebarrelling, or mounting of specification cargo tanks. Currently, § 180.413(a)(1) requires that each repair of a specification cargo tank must be performed by a repair facility holding a valid National Board Certificate of Authorization for use of the National Board “R” stamp and must be made in accordance with the edition of the National Board Inspection Code in effect at the time the work is performed. “Repair” is defined in § 180.403 as any welding on a cargo tank wall done to return a cargo tank or a cargo tank motor vehicle to its original design and construction specification, or to a condition prescribed for a later equivalent specification in effect at the time of the repair. As discussed in the “Harmonization Proposals in this NPRM” section, stakeholders participating in the U.S.-Canada RCC identified this requirement as being burdensome to United States carriers who also operate in Canada. In accordance with the Transport Canada TDG Regulations, a facility in Canada can perform a repair on a specification cargo tank if it holds either a valid National Board Certificate of Authorization for use of the National Board “R” stamp or a valid Certificate of Authorization from a provincial pressure vessel jurisdiction for repair. The latter authorization becomes problematic for United States carriers requiring the repair of a DOT specification cargo tank while in Canada. Section 180.413 currently only authorizes the repair of a DOT specification cargo tank by a facility holding a valid National Board Certificate of Authorization for use of the National Board “R” stamp. If a DOT specification cargo tank is repaired in Canada at a facility holding a Certificate of Authorization from a provincial pressure vessel jurisdiction for repair and not a National Board Certificate of Authorization for use of the National Board “R” stamp, the DOT specification of the cargo tank is placed in jeopardy.

Based on this input from RCC stakeholders, PHMSA conducted a comparison of the HMR requirements for the repair of specification cargo tanks and the corresponding requirements of the Transport Canada TDG Regulations. PHMSA finds that the requirements for the repair of a specification cargo tank conducted in accordance with the Transport Canada TDG Regulations by a facility in Canada holding a valid Certificate of Authorization from a provincial pressure vessel jurisdiction for repair provides for at least an equivalent level of safety as those provided by the HMR. Further, the Transport Canada TDG Regulations authorize the repair of TC specification cargo tanks by facilities in the U.S. that are registered in accordance with part 107 subpart F.

Accordingly, PHMSA proposes to expand the authorization for the repair of DOT specification cargo tanks by revising § 180.413(a)(1). Specifically, PHMSA proposes to add a new subparagraph (iii) authorizing a repair, as defined in § 180.403, of a DOT specification cargo tank used for the transportation of hazardous materials in the United States performed by a facility in Canada in accordance with the Transport Canada TDG Regulations, provided the facility holds a valid Certificate of Authorization from a provincial pressure vessel jurisdiction for repair; the facility is registered in accordance with the Transport Canada TDG Regulations to repair the corresponding TC specification; and all repairs are performed using the quality control procedures used to obtain the Certificate of Authorization.

PHMSA also proposes an incidental revision to § 180.413(b) to except facilities in Canada that perform a repair in accordance with the proposed § 180.413(a)(1)(iii) from the requirement that each repair of a cargo tank involving welding on the shell or head must be certified by a Registered Inspector. The Transport Canada TDG Regulations provide requirements for the oversight of welding repairs and do not use the term “Registered Inspector.”

These proposed provisions would not place any additional financial or reporting burden on U.S. companies. Rather, the enhanced regulatory reciprocity between the United States and Canada as a result of these provisions would provide the companies with additional flexibility and cost savings due to necessary opportunities for obtaining repairs to DOT specification cargo tanks in Canada.

See the review of § 107.502 for the discussion of a related proposal.

Section 180.605

Section 180.605 prescribes requirements for the qualification of portable tanks. Consistent with the UN Model Regulations, PHMSA proposes an amendment to paragraph (g)(1) to require as a part of internal and external examination that the wall thickness must be verified by appropriate measurement if this inspection indicates a reduction of wall thickness. This proposed amendment would require the inspector to verify that the shell thickness is equal to or greater than the minimum shell thickness indicated on the portable tanks metal plate (see § 178.274(i)(1)).

VII. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

This proposed rule is published under the statutory authority of Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.). Section 5103(b) of Federal hazmat law authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commerce. This proposed rule amends regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. To this end, the proposed rule amends the HMR to more fully align with the biennial updates of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions.

Harmonization serves to facilitate international commerce, while also promoting the safety of people, property, and the environment by reducing the potential for confusion and misunderstanding that could result if shippers and transporters were required to comply with two or more conflicting sets of regulatory requirements. While the intent of this rulemaking is to align the HMR with international standards, we review and consider each amendment based on its own merit, on its overall impact on transportation safety, and on the economic implications associated with its adoption into the HMR. Our goal is to harmonize internationally without sacrificing the current HMR level of safety or imposing undue burdens on the regulated community. Thus, as explained in the corresponding sections above, we are not proposing harmonization with certain specific provisions of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. Moreover, we are maintaining a number of current exceptions for domestic transportation that should minimize the compliance burden on the regulated community. Additionally, the following external agencies were consulted in the development of this rule: Federal Aviation Administration, Federal Motor Carrier Safety Administration, Federal Railroad Administration, U.S. Coast Guard.

Section 49 U.S.C. 5120(b) of Federal hazmat law authorizes the Secretary to ensure that, to the extent practicable, regulations governing the transportation of hazardous materials in commerce are consistent with standards adopted by international authorities. This rule proposes to amend the HMR to maintain alignment with international standards by incorporating various amendments to facilitate the transport of hazardous material in international commerce. To this end, as discussed in detail above, PHMSA proposes to incorporate changes into the HMR based on the 19th Revised Edition of the UN Model Regulations, Amendment 38-16 to the IMDG Code, and the 2017-2018 Edition of the ICAO Technical Instructions, which become effective January 1, 2017. The large volume of hazardous materials transported in international commerce warrants the harmonization of domestic and international requirements to the greatest extent possible.

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures

This notice is not considered a significant regulatory action under section 3(f) of Executive Order 12866 (“Regulatory Planning and Review”) and, therefore, was not reviewed by the Office of Management and Budget. This notice is not considered a significant rule under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). Additionally, Executive Order 13563 (“Improving Regulation and Regulatory Review”) supplements and reaffirms Executive Order 12866, stressing that, to the extent permitted by law, an agency rulemaking action must be based on benefits that justify its costs, impose the least burden, consider cumulative burdens, maximize benefits, use performance objectives, and assess available alternatives.

Benefits to Harmonization

General Harmonization Benefit: In an earlier regulatory evaluation, PHMSA estimated a proxy for benefits of harmonization of the HMR with international standards of $87.9 million. We estimated this number by multiplying a hazard communication cost per dollar of hazardous materials output ($0.001) by the value of hazardous materials involved in international trade, as estimated by the proportion of trade (the total of gross imports and gross exports) in the fuels and lubricants, chemicals, and medicinal/dental/pharmaceutical products industries ($879 billion in 2013) that are hazardous products (approximately 10 percent).

For estimating benefits of this proposed rule, we follow a nearly identical approach, while acknowledging there is an inherent imprecision of benefits, and update the data and assumptions where possible. Unlike in the last regulatory evaluation, 2012 Commodity Flow Survey (CFS) data on hazardous materials is now available. According to the 2012 CFS, $13,852,143 million worth of commodities were transported in the U.S. in 2012, of which $2,334,425 million worth were hazardous (or 16.9 percent).

However, we acknowledge that the estimated 16.9 percent proportion of total shipment values classed as hazardous materials may have had a high-side bias due to the variety of different classes of products classified as hazardous. The percentage of shipments properly classified as hazardous—particularly for medicinal/dental/pharmaceutical products—is likely lower, which for the purpose of this analysis we assume to be 10 percent.

We update our estimate of value of hazardous materials involved in international trade by using U.S. trade in goods seasonally adjusted, Census-based total gross imports, and gross exports in the fuels and lubricants, chemicals, and medicinal/dental/pharmaceutical products industries for 2015, which is the most recent year available.

• Gross imports: $451.8 billion (rounded).

○ Fuels and lubricants: $198.217 billion.

○ Chemicals: $73.304 billion.

○ Medicinal/dental/pharmaceutical products: $180.280 billion.

• Gross exports: $281.6 billion (rounded).

○ Fuels and lubricants: $115.013 billion.

○ Chemicals: $111.492 billion.

○ Medicinal/dental/pharmaceutical products: $55.046 billion.

• Gross imports plus gross exports: $733.4 billion.

Multiplying this $733.4 billion figure by the estimated proportion of annual trade in these three industries that are hazardous products (10 percent) by the average hazard communication cost per dollar of hazardous materials produced in the United States ($0.001) results in an estimate of benefits from general harmonization of about $73.3 million annually, rounded.

If the HMR are not harmonized with international standards, we estimate that it will cost U.S. companies an additional $73.3 million per year to comply with both the domestic and international standards. Harmonizing the HMR with the international standards, however, will avert these $73.3 million in additional costs, making them the primary benefit attributable to this rulemaking.

RCC Initiatives: PHMSA believes that recognition under the HMR of Transport Canada cylinders, equivalency certificates, and cargo tanks would not result in any significant costs but would instead provide benefits in flexibility to cylinder users, shipments of hazardous materials made under an equivalency certificate to the U.S., and certain U.S.-based cargo tank motor vehicle operators requiring repairs while in Canada. We do not believe there is currently a basis for reliably estimating quantitatively the benefits of the cylinder and equivalency certificate provisions of this proposed rule. However, we welcome and specifically solicit data available to commenters to more accurately estimate benefits quantitatively. With regard to all three RCC proposed amendments, PHMSA believes that aligning regulatory approaches between Canada and the United States can spur economic growth and job creation in both nations, facilitate trade, and still maintain appropriate safety standards. Preliminary analysis indicates that the total annual benefit of the cargo tank RCC provisions proposed in this rulemaking would be $6,555,234 per year (for the high estimate of U.S.-made cargo tanks affected), $779,337 per year (for the middle estimate), or $693,804 per year (for the low estimate). Please see the Regulatory Impact Analysis (RIA) for this rulemaking action for a detailed discussion of the benefits of recognizing cargo tank repairs made in Canadian facilities.

Costs of Harmonization

Please see the RIA for this rulemaking—a copy of which has been placed in the docket—for detailed analysis of the costs of various amendments proposed in this NPRM. We provide below a summary of cost estimates for several of the larger cost proposals.

Incorporation by Reference: PHMSA anticipates that the primary cost of updating references incorporated in the HMR to the most recent international hazardous material standards will be the purchase of updated copies to be incorporated by reference. These costs will be borne by offerors, package manufacturers, and transporters of hazardous materials if this rulemaking were finalized.

It is unknown how many individuals and firms involved in shipping hazardous materials will purchase copies of these international standards as a result of finalizing this rulemaking. We take a conservative approach to estimating such a figure by using as a proxy the number of shippers, carriers, or other offerors or transporters of hazardous materials in commerce with a PHMSA registration expiring before 2019. Currently, PHMSA's registration database indicates 38,070 registrants as of March 18, 2016. Of these, 31,103 (approximately 82 percent) are small businesses as defined by the U.S. Small Business Administration. Further, 31,765 registrants (approximately 83 percent) indicated that they offer or transport hazardous materials solely by highway method.

If we assume (for conservative estimation purposes) that all registrants will purchase copies of the ICAO and IMDG publications, this indicates an estimated cost of $19.3 million (rounded, $508.70 cost of ICAO and IMDG publications × 38,070 registrants). However, we further assume that the two publications included in the $19.3 cost (ICAO Technical Instructions (for air) and IMDG Code (by vessel)) will not apply to such registrants who indicated that they offer or transport in commerce hazardous materials only via highway. Therefore, costs for the 31,765 highway-only registrants would be zero. To counterbalance a registrant purchasing more than one copy, we conservatively assume all other registrants—while acknowledging that, in fact, some will purchase both standards copies and some will purchase none—will purchase updated copies of all standards publications listed here, indicating a rounded cost of $3.2 million ($508.70 × 6,305 registrants [38,070 total registrants − 31,765 highway-only registrants]).

All of the ISO standards incorporated will not be purchased by the majority of shippers and carriers and, thus, will likely only impact a small subset of the regulated community. Further, we assume that many companies will purchase multiple copies of the ISO codes, rather than only one copy. Manufacturers of pressure receptacles impacted by the ISO codes are included in the North American Industry Classification System (NAICS) 332420 “Metal Tank (Heavy Gauge) Manufacturing,” which includes cylinders, and NAICS 332911 “Industrial Valve Manufacturing,” or more generally in NAICS 332, “Fabricated Metal Product Manufacturing.” Users of pressure receptacles impacted by the ISO codes are included in NAICS 325120 “Industrial Gas Manufacturing,” or more generally in NAICS 325 “Chemical Manufacturing.” Testers and requalifiers of pressure receptacles are included in NAICS 541380 “Testing Laboratories,” or more generally in NAICS 541 “Professional, Scientific, and Technical Services.” The more conservative, all-encompassing three-digit NAICS industries are used to estimate impacted entities, as each entity may purchase more than one copy of a publication. The PHMSA registration database has 834 registrants in NAICS 332; 3,335 registrants in NAICS 325; and 415 registrants in NAICS 541, for a total of 4,584 impacted registrants. It costs each impacted registrant $1,853 to purchase the ISO standards, or $8.5 million total (rounded, 4,584 impacted registrants × $1,853 cost per registrant).

It will cost $3.2 million to purchase the ICAO and IMDG publications and $8.5 million to purchasing the ISO publications, giving a total one-time cost of $11.7 million. We do not believe we have sufficient data to estimate the precise number of registrants. However, we use one copy per impacted registrant as a reasonably conservative estimate on costs of the proposed rulemaking. It should also be noted that several of the companies purchasing the international standards may serve international markets and would have purchased these publications even in the absence of this rulemaking. Therefore, costs due to this proposed rule are likely lower than these estimates.

Lithium Battery Hazard Communication: PHMSA anticipates that incorporating a new battery label in place of the existing label and requiring a new lithium battery label in place of the existing label will be cost neutral. We anticipate that the price of the new label will be similar to the price of existing labels. The proposed amendment provides a phase-in period to December 2018, allowing shippers and carriers of the impacted lithium battery shipments a sufficient transition period to use the new label.

PHMSA anticipates that incorporating a new standard lithium battery mark across all modes will provide consistent hazard communication, reduce training costs, and facilitate intermodal movements. Expanding the scope of packages requiring application of the new lithium battery mark for small shipments of lithium batteries will provide benefits pertaining to better identification of lithium battery shipments, but it will likely involve some amount of increased compliance cost. As with the proposed labeling revisions, PHMSA would provide a phase-in period to December 2018, allowing shippers and carriers of the impacted lithium battery shipments a sufficient transition period to use the new mark.

PHMSA anticipates that eliminating additional document requirements for shipments of small lithium batteries will likely provide economic benefits and cost savings to shippers.

However, PHMSA anticipates the provision increasing the number of packages containing lithium batteries installed in equipment that have to be marked with the lithium battery mark will increase compliance costs. The proposals in this NPRM would apply the lithium battery mark to an expanded number of lithium batteries installed in equipment (LBIIE) packages. Currently packages that contain “no more than four lithium cells or two lithium batteries installed in equipment” are not subject to marking requirements regardless of how many packages are in a single shipment. In this NPRM, PHMSA proposes to require each package that contains lithium batteries installed in equipment to display the lithium battery marking when there are more than two packages in the consignment.

We assume that U.S. manufacturers of certain equipment containing lithium batteries and wholesalers of LBIIE that supply retailers with consignments containing more than two packages of LBIIE will be most impacted by the proposed provision. We anticipate the provisions of this proposed change to impact U.S.-based manufacturers, wholesalers, and certain retailers of lithium batteries and equipment containing lithium batteries. PHMSA specifically solicits comment on the types and numbers of entities that are to be impacted by this proposed change.

The total domestic manufacturer and wholesaler marking costs as illustrated in the RIA in the docket for this rulemaking approximates the upper bound annual cost of the provision to be about $4.9 million ($838,456 + $7,665 + $4.0 million). We anticipate that the cost will be substantially lower because many domestic manufacturers and shippers may already label their LBIIE packages with a current lithium battery label (regardless if required by the HMR); not all of these shippers would necessarily ship LBIIE with more than two packages per shipment (for which shipments would be excepted from the lithium battery marking requirements of this provision); and transitioning to the new lithium battery mark may have minimal impact.

Net Benefit

Based on the discussions of benefits and costs provided above, PHMSA estimates the net benefit associated with the rulemaking to be $63.2 million-69 million in the first year after publication and $70 million-75.8 million in the second year after publication. Please see the complete RIA for a more detailed analysis of the costs and benefits of this proposed rule.

C. Executive Order 13132

This proposed rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”). It preempts State, local, and Indian tribe requirements but does not propose any regulation that has substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply.

The Federal hazmat law, 49 U.S.C. 5101-5128, contains an express preemption provision (49 U.S.C. 5125(b)) that preempts State, local, and Indian tribe requirements on certain covered subjects, as follows:

(1) The designation, description, and classification of hazardous material;

(2) The packing, repacking, handling, labeling, marking, and placarding of hazardous material;

(3) The preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents;

(4) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material; and

(5) The design, manufacture, fabrication, inspection, marking, maintenance, recondition, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.

This proposed rule addresses covered subject items (1), (2), (3), (4), and (5) above and preempts State, local, and Indian tribe requirements not meeting the “substantively the same” standard. This proposed rule is necessary to incorporate changes adopted in international standards, effective January 1, 2017. If the proposed changes are not adopted in the HMR, U.S. companies—including numerous small entities competing in foreign markets—would be at an economic disadvantage because of their need to comply with a dual system of regulations. The changes in this proposed rulemaking are intended to avoid this result. Federal hazmat law provides at 49 U.S.C. 5125(b)(2) that, if DOT issues a regulation concerning any of the covered subjects, DOT must determine and publish in the Federal Register the effective date of Federal preemption. The effective date may not be earlier than the 90th day following the date of issuance of the final rule and not later than two years after the date of issuance. PHMSA proposes the effective date of Federal preemption be 90 days from publication of a final rule in this matter.

D. Executive Order 13175

This proposed rule was analyzed in accordance with the principles and criteria contained in Executive Order 13175 (“Consultation and Coordination with Indian Tribal Governments”). Because this proposed rule does not have tribal implications, does not impose substantial direct compliance costs, and is required by statute, the funding and consultation requirements of Executive Order 13175 do not apply.

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

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities, unless the agency determines that a rule is not expected to have a significant impact on a substantial number of small entities. This proposed rule facilitates the transportation of hazardous materials in international commerce by providing consistency with international standards. It applies to offerors and carriers of hazardous materials, some of whom are small entities, such as chemical manufacturers, users and suppliers, packaging manufacturers, distributors, and training companies. As previously discussed under “Executive Order 12866,” the majority of amendments in this proposed rule should result in cost savings and ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America.

Many companies will realize economic benefits as a result of these amendments. Additionally, the changes effected by this NPRM will relieve U.S. companies, including small entities competing in foreign markets, from the burden of complying with a dual system of regulations. Therefore, we certify that these amendments will not, if promulgated, have a significant economic impact on a substantial number of small entities.

This proposed rule has been developed in accordance with Executive Order 13272 (“Proper Consideration of Small Entities in Agency Rulemaking”) and DOT's procedures and policies to promote compliance with the Regulatory Flexibility Act to ensure that potential impacts of draft rules on small entities are properly considered.

F. Paperwork Reduction Act

PHMSA currently has approved information collections under Office of Management and Budget (OMB) Control Number 2137-0557, “Approvals for Hazardous Materials,” and OMB Control Number 2137-0034, “Hazardous Materials Shipping Papers & Emergency Response Information.” We anticipate that this proposed rule will result in an increase in the annual burden for OMB Control Number 2137-0034 due to an increase in the number of applications for modifications to existing holders of DOT-issued RINs. In this NPRM, PHMSA proposes to amend § 107.805(f)(2) to allow RIN holders to submit an application containing all the required information prescribed in § 107.705(a); identifying the TC, CTC, CRC, or BTC specification cylinder(s) or tube(s) to be inspected; certifying the requalifier will operate in compliance with the applicable TDG Regulations; and certifying the persons performing requalification have been trained and have the information contained in the TDG Regulations. This application would be in addition to any existing application and burden encountered during the initial RIN application.

We anticipate this proposed rule will result in a decrease in the annual burden and costs of OMB Control Number 2137-0034. This burden and cost decrease is primarily attributable to the proposed removal of the alternative document currently required for lithium cells or batteries offered in accordance with § 173.185(c). Additional increased burdens and costs to OMB Control Number 2137-0034 in this proposed rule are attributable to a new proposed indication on shipping papers that a shipment of prototype or low production run lithium batteries or cells is in accordance with § 173.185(e)(7) and the proposed addition of new marine pollutant entries.

This rulemaking identifies revised information collection requests that PHMSA will submit to OMB for approval based on the requirements in this NPRM. PHMSA has developed burden estimates to reflect changes in this NPRM and estimates the information collection and recordkeeping burdens in this rule are as follows:

OMB Control Number 2137-0557

Annual Increase in Number of Respondents: 3,600.

Annual Increase in Annual Number of Responses: 3,600.

Annual Increase in Annual Burden Hours: 1,800.

Annual Increase in Annual Burden Costs: $63,000.

OMB Control Number 2137-0034

Annual Decrease in Number of Respondents: 972,551.

Annual Decrease in Annual Number of Responses: 9,765,507.

Annual Decrease in Annual Burden Hours: 27,161.

Annual Decrease in Annual Burden Costs: $950,635.

Under the Paperwork Reduction Act of 1995, no person is required to respond to an information collection unless it has been approved by OMB and displays a valid OMB control number. Section 1320.8(d) of 5 CFR requires that PHMSA provide interested members of the public and affected agencies an opportunity to comment on information and recordkeeping requests. PHMSA specifically solicits comment on the information collection and recordkeeping burdens associated with developing, implementing, and maintaining these proposed requirements. Address written comments to the Dockets Unit as identified in the ADDRESSES section of this rulemaking. We must receive comments regarding information collection burdens prior to the close of the comment period as identified in the DATES section of this rulemaking. In addition, you may submit comments specifically related to the information collection burden to the PHMSA Desk Officer, Office of Management and Budget, at fax number 202-395-6974. Requests for a copy of this information collection should be directed to Steven Andrews or T. Glenn Foster, Standards and Rulemaking Division (PHH-10), Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. If these proposed requirements are adopted in a final rule, PHMSA will submit the revised information collection and recordkeeping requirements to OMB for approval.

G. Regulation Identifier Number (RIN)

A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross-reference this action with the Unified Agenda.

H. Unfunded Mandates Reform Act of 1995

This proposed rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $141.3 million or more, adjusted for inflation, to either State, local, or tribal governments, in the aggregate, or to the private sector in any one year, and is the least burdensome alternative that achieves the objective of the rule.

I. Environmental Assessment

The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375, requires that Federal agencies analyze proposed actions to determine whether the action will have a significant impact on the human environment. The Council on Environmental Quality (CEQ) regulations that implement NEPA (40 CFR parts 1500 through 1508) require Federal agencies to conduct an environmental review considering (1) the need for the proposed action, (2) alternatives to the proposed action, (3) probable environmental impacts of the proposed action and alternatives, and (4) the agencies and persons consulted during the consideration process.

1. Purpose and Need

This NPRM would amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171 through 180) to maintain consistency with international standards by incorporating the 19th Revised Edition of the UN Recommendations on the Transport of Dangerous Goods—Model Regulations, Amendment 38-16 to the IMDG Code, the 2017-2018 ICAO Technical Instructions, and Canada's newest amendments to TDG Regulations.

This action is necessary to incorporate changes adopted in the IMDG Code, the ICAO Technical Instructions, and the UN Model Regulations, effective January 1, 2017. If the changes in this proposed rule are not adopted in the HMR by this effective date, U.S. companies—including numerous small entities competing in foreign markets—would be at an economic disadvantage because of their need to comply with a dual system of regulations. The changes in this proposed rulemaking are intended to avoid this result.

The intended effect of this action is to harmonize the HMR with international transport standards and requirements to the extent practicable in accordance with Federal hazmat law (see 49 U.S.C. 5120). When considering the adoption of international standards under the HMR, PHMSA reviews and evaluates each amendment on its own merit, on its overall impact on transportation safety, and on the economic implications associated with its adoption. Our goal is to harmonize internationally without diminishing the level of safety currently provided by the HMR or imposing undue burdens on the regulated public. PHMSA has provided a brief summary of each revision, the justification for the revision, and a preliminary estimate of economic impact.

2. Alternatives

In proposing this rulemaking, PHMSA is considering the following alternatives:

No Action Alternative

If PHMSA were to select the No Action Alternative, current regulations would remain in place and no new provisions would be added. However, efficiencies gained through harmonization in updates to transport standards, lists of regulated substances, definitions, packagings, stowage requirements/codes, flexibilities allowed, enhanced markings, segregation requirements, etc., would not be realized. Foregone efficiencies in the No Action Alternative include freeing up limited resources to concentrate on vessel transport hazard communication (hazcom) issues of potentially much greater environmental impact. Adopting the No Action Alternative would result in a lost opportunity for reducing environmental and safety-related incidents.

Greenhouse gas emissions would remain the same under the No Action Alternative.

Preferred Alternative

This alternative is the current proposal as it appears in this NPRM, applying to transport of hazardous materials by various transport modes (highway, rail, vessel, and aircraft). The proposed amendments included in this alternative are more fully addressed in the preamble and regulatory text sections of this NPRM. However, they generally include:

(1) Updates to references to various international hazardous materials transport standards;

(2) Amendments to the Hazardous Materials Table to include four new Division 4.1 entries for polymerizing substances and to add into the HMR defining criteria, authorized packagings, and safety requirements;

(3) Amendments to add, revise, or remove certain proper shipping names, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and vessel stowage requirements;

(4) Changes to add the following substances to the list of marine pollutants in appendix B to § 172.101: Hexanes; Hypochlorite solutions; Isoprene, stabilized; N-Methylaniline; Methylcyclohexane; and Tripropylene;

(5) Changes throughout the part 173 packaging requirements to authorize more flexibility when choosing packages for hazardous materials;

(6) Various amendments to packaging requirements for the vessel transportation of water-reactive substances;

(7) Revisions to hazard communication requirements for shipments of lithium batteries consistent with changes adopted in the 19th Revised Edition of the UN Model Regulations; and

(8) Amendments to the HMR resulting from coordination with Canada under the U.S.-Canada Regulatory Cooperation Council (RCC).

3. Probable Environmental Impact of the Alternatives

No Action Alternative

If PHMSA were to select the No Action Alternative, current regulations would remain in place and no new provisions would be added. However, efficiencies gained through harmonization in updates to transport standards, lists of regulated substances, definitions, packagings, stowage requirements/codes, flexibilities allowed, enhanced markings, segregation requirements, etc., would not be realized. Foregone efficiencies in the No Action Alternative include freeing up limited resources to concentrate on vessel transport hazcom issues of potentially much greater environmental impact.

Additionally, the Preferred Alternative encompasses enhanced and clarified regulatory requirements, which would result in increased compliance and a decreased number of environmental and safety incidents. Not adopting the proposed environmental and safety requirements in the NPRM under the No Action Alternative would result in a lost opportunity for reducing environmental and safety-related incidents.

Greenhouse gas emissions would remain the same under the No Action Alternative.

Preferred Alternative

If PHMSA selects the provisions as proposed in this NPRM, safety and environmental risks would be reduced and that protections to human health and environmental resources would be increased. Potential environmental impacts of each proposed amendment in the preferred alternative are discussed as follows:

1. Incorporation by Reference: PHMSA proposes to update references to various international hazardous materials transport standards including the 2017-2018 ICAO Technical Instructions; Amendment 38-16 to the IMDG Code; the 19th Revised Edition of the UN Model Regulations; the 6th Revised Edition of the UN Manual of Tests and Criteria; and the latest amendments to the Canadian TDG Regulations. Additionally, we propose to add one new reference to standards and update eight other references to standards applicable to the manufacture use and requalification of pressure vessels published by the International Organization for Standardization.

This proposed amendment, which will increase standardization and consistency of regulations, will result in greater protection of human health and the environment. Consistency between U.S. and international regulations enhances the safety and environmental protection of international hazardous materials transportation through better understanding of the regulations, an increased level of industry compliance, the smooth flow of hazardous materials from their points of origin to their points of destination, and consistent emergency response in the event of a hazardous materials incident. The HMR authorize shipments prepared in accordance with the ICAO Technical Instructions and by motor vehicle either before or after being transported by aircraft. Similarly, the HMR authorize shipments prepared in accordance with the IMDG Code if all or part of the transportation is by vessel. The authorizations to use the ICAO Technical Instructions and the IMDG Code are subject to certain conditions and limitations outlined in part 171 subpart C.

Harmonization will result in more targeted and effective training and thereby enhanced environmental protection. This proposed amendment will eliminate inconsistent hazardous materials regulations, which hamper compliance training efforts. For ease of compliance with appropriate regulations, air and vessel carriers engaged in the transportation of hazardous materials generally elect to comply with the ICAO Technical Instructions and IMDG Code as appropriate. Consistency between these international regulations and the HMR allows shippers and carriers to train their hazmat employees in a single set of requirements for classification, packaging, hazard communication, handling, stowage, etc., thereby minimizing the possibility of improperly preparing and transporting a shipment of hazardous materials because of differences between domestic and international regulations.

Greenhouse gas emissions would remain the same under this proposed amendment.

2. Consistent with amendments adopted into the UN Model Regulations, PHMSA proposes to revise the Hazardous Materials Table in § 172.101 to include four new Division 4.1 entries for polymerizing substances. Additionally, we propose to add into the HMR defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls.

This proposed amendment, which will increase standardization and consistency of regulations, will result in greater protection of human health and the environment. Consistency between U.S. and international regulations enhances the safety and environmental protection of international hazardous materials transportation through better understanding of the regulations, an increased level of industry compliance, the smooth flow of hazardous materials from their points of origin to their points of destination, and consistent emergency response in the event of a hazardous materials incident. New and revised entries to the HMT reflect emerging technologies and a need to better describe or differentiate between existing entries. These proposed changes mirror changes in the Dangerous Goods List of the 19th Revised Edition of the UN Model Regulations, the 2017-2018 ICAO Technical Instructions, and the Amendment 38-16 to the IMDG Code. It is extremely important for the domestic HMR to mirror these international standards regarding the entries in the HMT to allow for consistent naming conventions across modes and international borders.

Harmonization will result in more targeted and effective training and thereby enhanced environmental protection. This proposed amendment will eliminate inconsistent hazardous materials regulations, which hamper compliance training efforts. For ease of compliance with appropriate regulations, international carriers engaged in the transportation of hazardous materials by vessel generally elect to comply with the IMDG Code. Consistency between these international regulations and the HMR allows shippers and carriers to train their hazmat employees in a single set of requirements for classification, packaging, hazard communication, handling, stowage, etc., thereby minimizing the possibility of improperly preparing and transporting a shipment of hazardous materials because of differences between domestic and international regulations.

Inclusion of entries in the HMT reflects a degree of danger associated with a particular material and identifies appropriate packaging. This proposed change provides a level of consistency for all articles specifically listed in the HMT, without diminishing environmental protection and safety.

Greenhouse gas emissions would remain the same under this proposed amendment.

3. PHMSA proposes amendments to the HMT to add, revise, or remove certain proper shipping names, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and vessel stowage requirements. Amendments to HMT proper shipping names include: Assigning the existing “Engines, internal combustion” entries to their own new UN numbers and provisions; amending existing “Uranium Hexafluoride” entries to include a new Division 6.1 subsidiary hazard class designation; adding a new entry for “Polyester resin kit, solid base material; and adding a Division 1.4C new entry for “Rocket motors.” Additionally, we also propose to add and revise special provisions, large packaging authorizations, and intermediate bulk container (IBC) authorizations consistent with the UN Model Regulations to provide a wider range of packaging options to shippers of hazardous materials.

This proposed amendment, which will increase standardization and consistency of regulations, will result in greater protection of human health and the environment. Consistency between U.S. and international regulations enhances the safety and environmental protection of international hazardous materials transportation through better understanding of the regulations, an increased level of industry compliance, the smooth flow of hazardous materials from their points of origin to their points of destination, and consistent emergency response in the event of a hazardous materials incident. New and revised entries to the HMT reflect emerging technologies and a need to better describe or differentiate between existing entries. These proposed changes mirror changes in the Dangerous Goods List of the 19th Revised Edition of the UN Model Regulations, the 2017-2018 ICAO Technical Instructions, and the Amendment 38-16 to the IMDG Code. It is extremely important for the domestic HMR to mirror these international standards regarding the entries in the HMT to allow for consistent naming conventions across modes and international borders.

Harmonization will result in more targeted and effective training and thereby enhanced environmental protection. This proposed amendment will eliminate inconsistent hazardous materials regulations, which hamper compliance training efforts. For ease of compliance with appropriate regulations, international carriers engaged in the transportation of hazardous materials by vessel generally elect to comply with the IMDG Code. Consistency between these international regulations and the HMR allows shippers and carriers to train their hazmat employees in a single set of requirements for classification, packaging, hazard communication, handling, stowage, etc., thereby minimizing the possibility of improperly preparing and transporting a shipment of hazardous materials because of differences between domestic and international regulations.

Inclusion of entries in the HMT reflects a degree of danger associated with a particular material and identifies appropriate packaging. This proposed change provides a level of consistency for all articles specifically listed in the HMT, without diminishing environmental protection and safety.

Greenhouse gas emissions would remain the same under this proposed amendment.

4. PHMSA proposes to add the following substances to the list of marine pollutants in appendix B to § 172.101: Hexanes; Hypochlorite solutions; Isoprene, stabilized; N-Methylaniline; Methylcyclohexane; and Tripropylene.

This proposed amendment, which will increase standardization and consistency of regulations, will result in greater protection of human health and the environment. Consistency between U.S. and international regulations enhances the safety and environmental protection of international hazardous materials transportation through better understanding of the regulations, an increased level of industry compliance, the smooth flow of hazardous materials from their points of origin to their points of destination, and consistent emergency response in the event of a hazardous materials incident. These proposed additions and deletions are based on the criteria contained in the IMDG Code for substances classified as toxic to the aquatic environment. The HMR maintain a list as the basis for regulating substances toxic to the aquatic environment and allow use of the criteria in the IMDG Code if a listed material does not meet the criteria for a marine pollutant. PHMSA periodically updates its list based on changes to the IMDG Code and evaluation of listed materials against the IMDG Code criteria. Amending the marine pollutant list will facilitate consistent communication of the presence of marine pollutants and facilitate safe and efficient transportation without imposing significant burden associated with characterizing mixtures as marine pollutants.

Greenhouse gas emissions would remain the same under this proposed amendment.

5. Consistent with amendments adopted into the UN Model Regulations, PHMSA proposes to adopt changes throughout the part 173 packaging requirements to authorize more flexibility when choosing packages for hazardous materials. These changes include design, construction, and performance testing criteria of composite reinforced tubes between 450 L and 3,000 L water capacity.

These proposed amendments permit additional flexibility for authorized packages without compromising environmental protection or safety. Manufacturing and performance standards for gas pressure receptacles strengthen the packaging without being overly prescriptive. Increased flexibility will also add to environmental protection by increasing the ease of regulatory compliance.

Harmonization will result in more targeted and effective training and thereby enhanced environmental protection. This proposed amendment will eliminate inconsistent hazardous materials regulations, which hamper compliance training efforts. Consistency between these international regulations and the HMR allows shippers and carriers to train their hazmat employees in a single set of requirements for classification, packaging, hazard communication, handling, stowage, etc., thereby minimizing the possibility of improperly preparing and transporting a shipment of hazardous materials because of differences between domestic and international regulations.

Greenhouse gas emissions would remain the same under this proposed amendment.

6. PHMSA proposes various amendments to packaging requirements for the vessel transportation of water-reactive substances. The amendments include changes to the packaging requirements to require certain commodities to have hermetically sealed packaging and to require other commodities—when packed in flexible, fiberboard, or wooden packagings—to have sift-proof and water-resistant packaging or packaging fitted with a sift-proof and water-resistant liner.

The proposed amendment will reduce the risk of fire on board cargo vessels carrying hazardous materials that can react dangerously with the ship's available water and carbon dioxide fire extinguishing systems. PHMSA proposes to amend the packaging requirements for vessel transportation of hazardous materials that react with water or moisture to generate excessive heat or release toxic or flammable gases. Common causes for water entering into the container are: Water entering through ventilation or structural flaws in the container; water entering into the containers placed on deck or in the hold in heavy seas; and water entering into the cargo space upon a ship collision or leak. If water has already entered the container, the packaging is the only protection from the fire. In this NPRM, PHMSA proposes to strengthen the ability of these packages transporting water-reactive substances. This proposed amendment will allow for a net increase in environmental protection and safety by keeping reactive substances in their packages, thus preventing release and damage to human health and the natural environment.

Harmonization will result in more targeted and effective training and thereby enhanced environmental protection. This proposed amendment will eliminate inconsistent hazardous materials regulations, which hamper compliance training efforts. For ease of compliance with appropriate regulations, international carriers engaged in the transportation of hazardous materials by vessel generally elect to comply with the IMDG Code. Consistency between these international regulations and the HMR allows shippers and carriers to train their hazmat employees in a single set of requirements for classification, packaging, hazard communication, handling, stowage, etc., thereby minimizing the possibility of improperly preparing and transporting a shipment of hazardous materials because of differences between domestic and international regulations.

Greenhouse gas emissions would remain the same under this proposed amendment.

7. PHMSA proposes to revise hazard communication requirements for shipments of lithium batteries. Specifically, PHMSA proposes to adopt a new lithium battery label in place of the existing Class 9 label; to amend the existing marking requirements for small lithium battery shipments in § 173.185(c) to incorporate a new standard lithium battery mark for use across all modes; to delete the documentation requirement in § 173.185(c) for shipments of small lithium cells and batteries; and to amend the exception for small lithium cells and batteries requiring the lithium battery mark from the current applicability of “no more than four lithium cells or two lithium batteries installed in the equipment” to “no more than four lithium cells or two lithium batteries installed in equipment, where there are not more than two packages in the consignment.”

This proposed amendment, which will provide for enhanced hazard communication, will result in greater protection of human health and the environment by increasing awareness and preparedness.

Greenhouse gas emissions would remain the same under this proposed amendment.

8. PHMSA proposes several amendments to the HMR resulting from coordination with Canada under the U.S.-Canada Regulatory Cooperation Council (RCC). We are proposing provisions for recognition of Transport Canada (TC) cylinders, equivalency certificates, and inspection and repair of cargo tanks.

This proposed amendment, which will increase standardization and consistency of regulations, will result in greater protection of human health and the environment. Consistency between U.S. and international regulations enhances the safety and environmental protection of international hazardous materials transportation through better understanding of the regulations, an increased level of industry compliance, the smooth flow of hazardous materials from their points of origin to their points of destination, and consistent emergency response in the event of a hazardous materials incident. The proposed additions intend to provide reciprocal treatment of DOT Special Permits and TC equivalency certificates, DOT cylinders and TC cylinders, and cargo tank repair capabilities in both countries. Amending the HMR will facilitate consistent communication for substances transported by cylinders and cargo tanks, thus decreasing not only incident response time, but the number and severity of environmental and safety incidents.

The proposed action is consistent with concurrent actions by Transport Canada to amend the TDG Regulations.

Greenhouse gas emissions would remain the same under this proposed amendment.

4. Agencies Consulted

This NPRM represents PHMSA's first action in the U.S. for this program area. PHMSA has coordinated with the U.S. Federal Aviation Administration, the Federal Motor Carrier Safety Administration, the Federal Railroad Administration, and the U.S. Coast Guard, in the development of this proposed rule. PHMSA will consider the views expressed in comments to the NPRM submitted by members of the public, state and local governments, and industry.

5. Conclusion

The provisions of this proposed rule build on current regulatory requirements to enhance the transportation safety and security of shipments of hazardous materials transported by highway, rail, aircraft, and vessel, thereby reducing the risks of an accidental or intentional release of hazardous materials and consequent environmental damage. PHMSA concludes that the net environmental impact will be positive and that there are no significant environmental impacts associated with this proposed rule.

PHMSA welcomes any views, data, or information related to environmental impacts that may result if the proposed requirements are adopted, as well as possible alternatives and their environmental impacts.

J. Privacy Act

Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http://www.dot.gov/privacy.html.

K. Executive Order 13609 and International Trade Analysis

Under Executive Order 13609 (“Promoting International Regulatory Cooperation”), agencies must consider whether the impacts associated with significant variations between domestic and international regulatory approaches are unnecessary or may impair the ability of American business to export and compete internationally. 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), prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. For purposes of these requirements, Federal agencies may participate in the establishment of international standards, so long as the standards have a legitimate domestic objective, such as providing for safety, and do not operate to exclude imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards.

PHMSA participates in the establishment of international standards to protect the safety of the American public. PHMSA has assessed the effects of the proposed rule and determined that it does not cause unnecessary obstacles to foreign trade. In fact, the rule is designed to facilitate international trade. Accordingly, this rulemaking is consistent with Executive Order 13609 and PHMSA's obligations under the Trade Agreement Act, as amended.

L. National Technology Transfer and Advancement Act

The National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) directs Federal agencies to use voluntary consensus standards in their regulatory activities unless doing so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specification of materials, test methods, or performance requirements) that are developed or adopted by voluntary consensus standard bodies. This NPRM involves multiple voluntary consensus standards which are discussed at length in the “Section-by-Section Review” for § 171.7.

List of Subjects

49 CFR Part 107

• Administrative practice and procedure
• Hazardous materials transportation
• Packaging and containers
• Penalties
• Reporting and recordkeeping requirements

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
• Uranium

49 CFR Part 175

• Air carriers
• Hazardous materials transportation
• Radioactive materials
• Reporting and recordkeeping requirements

49 CFR Part 176

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

49 CFR Part 178

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

49 CFR Part 180

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

In consideration of the foregoing, PHMSA proposes to amend 49 CFR chapter I as follows:

PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4 (28 U.S.C. 2461note); Pub. L. 104-121 sections 212-213; Pub. L. 104-134 section 31001; Pub. L. 112-141 section 33006, 33010; 49 CFR 1.81 and 1.97.

2. In § 107.502, paragraph (b) is revised to read as follows:

3. In § 107.801, paragraph (a)(2) is revised to read as follows:

4. In § 107.805, paragraphs (a), (c)(2), (d), and (f) are revised to read as follows:

PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

5. 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 (28 U.S.C. 2461 note); Pub. L. 104-134, section 31001; 49 CFR 1.81 and 1.97.

6. In § 171.2, paragraph (h)(1) is revised to read as follows:

7. In § 171.7,

a. Revise paragraphs (t) introductory text, (t)(1), (v) introductory text, (v)(2), and (w)(1) through (58);

b. Add paragraphs (w)(59) through (69);

c. Revise paragraphs (bb) introductory text and (bb)(1) introductory text;

d. Add paragraphs (bb)(1)(xiii) through (xix);

e. Revise paragraphs (dd) introductory text and (dd)(1) and (2); and

f. Add paragraph (dd)(3).

The revisions and additions read as follows:

8. In § 171.8:

a. Revise the definition of “Aerosol”;

b. Add a definition for “Design life” in alphabetical order;

c. Revise the definition of “Large salvage packaging”;

d. Add definitions for “SAPT” and “Service life” in alphabetical order;

e. Revise the definition of “UN tube”.

The revisions and additions read as follows:

9. In § 171.12, paragraphs (a)(1) and (a)(4)(ii) are revised to read as follows:

10. In § 171.23, paragraph (a) is revised to read as follows:

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

11. 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.

12. In § 172.101, the Hazardous Materials Table is amended by removing the entries under “[REMOVE]”, by adding the entries under “[ADD]” and revising entries under “[REVISE]” in the appropriate alphabetical sequence to read as follows: