Proposed Rule2021-15425
Hazardous Materials: Harmonization With International Standards
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Published
August 10, 2021
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Additionally, PHMSA proposes an amendment to the Hazardous Materials Regulations that would allow for better alignment with Transport Canada's Transportation of Dangerous Goods Regulations.
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[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Proposed Rules]
[Pages 43844-43898]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15425]
[[Page 43843]]
Vol. 86
Tuesday,
No. 151
August 10, 2021
Part IV
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 171, 172, 173, et al.
Hazardous Materials: Harmonization With International Standards;
Proposed Rule
Federal Register / Vol. 86 , No. 151 / Tuesday, August 10, 2021 /
Proposed Rules
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175, 176, 178, and 180
[Docket No. PHMSA-2019-0030 (HM-215P)]
RIN 2137-AF46
Hazardous Materials: Harmonization With International Standards
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations to
maintain alignment with international regulations and standards by
adopting various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements. Additionally, PHMSA proposes an amendment to the
Hazardous Materials Regulations that would allow for better alignment
with Transport Canada's Transportation of Dangerous Goods Regulations.
DATES: Comments must be received by October 12, 2021. To the extent
possible, PHMSA will consider late-filed comments while a final rule is
developed.
ADDRESSES: You may submit comments by any of the following methods:
<bullet> Federal Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Fax: 1-202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Instructions: Include the agency name and docket number PHMSA-2019-
0030 (HM-215P) or RIN 2137-AF46 for this rulemaking at the beginning of
your comment. Note that all comments received will be posted without
change to <a href="http://www.regulations.gov">http://www.regulations.gov</a> including any personal information
provided. If sent by mail, comments must be submitted in duplicate.
Persons wishing to receive confirmation of receipt of their comments
must include a self-addressed stamped postcard.
Docket: For access to the dockets to read background documents
(including the Preliminary Regulatory Impact Analysis (PRIA)) or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> or DOT's Docket
Operations Office (see ADDRESSES).
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this NPRM contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this NPRM, it is important that you clearly designate the
submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' Submissions containing CBI should be sent
to Candace Casey, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001. Any commentary that PHMSA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Candace Casey, Standards and
Rulemaking, or Aaron Wiener, International Program, at (202) 366-8553,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor,
Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR part 51
IV. Amendments Not Being Considered for Adoption in this NPRM
V. Section-by-Section Review of NPRM Proposals
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
F. Paperwork Reduction Act
G. Regulation Identifier Number (RIN)
H. Unfunded Mandates Reform Act of 1995
I. Environment Assessment
J. Privacy Act
K. Executive Order 13609 and International Trade Analysis
L. National Technology Transfer and Advancement Act
List of Subjects
I. Executive Summary
As discussed in further detail later in this NPRM (see the Section-
By-Section Review of NPRM Proposals), the Pipeline and Hazardous
Materials Safety Administration (PHMSA) proposes to amend certain
sections of the Hazardous Materials Regulations (HMR; 49 CFR parts 171
to 180) to maintain alignment with international regulations and
standards by adopting various amendments, including changes to proper
shipping names, hazard classes, packing groups, special provisions,
packaging authorizations, air transport quantity limitations, and
vessel stowage requirements.
PHMSA expects adoption of the regulatory amendments proposed in
this NPRM will maintain the high safety standard currently achieved
under the HMR, facilitate the safe transportation of critical vaccines
and other medical materials associated with response to the coronavirus
disease 2019 (COVID-19) public health emergency, and align HMR
requirements with anticipated increases in the volume of lithium
batteries transported in interstate commerce from electrification of
the transportation and other economic sectors. PHMSA also notes that
because harmonization of the HMR with international consensus standards
as proposed could reduce delays and interruptions of hazardous
materials during transportation, the proposed NPRM amendments may also
lower greenhouse gas (GHG) emissions and safety risks to minority, low-
income, underserved, and other disadvantaged populations and
communities in the vicinity of interim storage sites and transportation
arteries and hubs.
The following list summarizes the more noteworthy proposals set
forth in this NPRM:
<bullet> Incorporation by Reference: PHMSA proposes to incorporate
by reference updated versions of the following international hazardous
materials regulations and standards: the 2021-2022 Edition of the
International Civil Aviation Organization Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions); Amendment 40-20 to the International Maritime Dangerous
Goods Code (IMDG Code); the 21st revised edition of the United Nations
Recommendations on the
[[Page 43845]]
Transport of Dangerous Goods--Model Regulations (UN Model Regulations);
and the International Atomic Energy Agency (IAEA) ``Specific Safety
Requirements Number SSR-6: Regulations for the Safe Transport of
Radioactive Material 2018 Edition'' (SSR-6, Ref. 1). PHMSA also
proposes the incorporation by reference of several new or updated
International Organization for Standardization (ISO) standards as well
as an updated version of the Organization for Economic Cooperation and
Development (OECD) Guidelines for the Testing of Chemicals Test No.
431: In vitro skin corrosion: reconstructed human epidermis (RHE) test
method.
<bullet> Transport Canada temporary certificates: PHMSA proposes
amendments to the HMR that would authorize the motor carrier or rail
transportation of a hazardous material within the United States
pursuant to a temporary certificate issued under Transport Canada's
Transportation of Dangerous Goods Regulations (TDG Regulations).
<bullet> Hazardous Materials Table: PHMSA proposes amendments to
the Hazardous Materials Table (HMT; 49 CFR 172.101) to add, revise or
remove certain proper shipping names, hazard classes, packing groups,
special provisions, packaging authorizations, bulk packaging
requirements, and passenger and cargo aircraft maximum quantity limits.
<bullet> Data loggers: PHMSA proposes exception from certain
regulations for lithium batteries in equipment that are attached to or
contained in packagings, large packagings, intermediate bulk containers
(IBCs), or cargo transport units as equipment in use or intended for
use during transport, such as data loggers. This would clarify
regulations applicable to data loggers and cargo tracking devices
powered by lithium batteries that are attached to or contained in, and
in use or intended for use during transport. Additionally, in response
to the COVID-19 public health emergency, and consistent with revisions
to the 2021-2022 ICAO Technical Instructions, PHMSA proposes exceptions
specific to the air transportation of these items used in association
with shipments of COVID-19 pharmaceuticals, including vaccines.
<bullet> Removal of metal wall thickness requirements for certain
metal IBCs: PHMSA proposes to remove the minimum wall thickness
requirements for metal IBCs that have a capacity of 1500 liters (L) or
less.
<bullet> Stabilized fish meal or fish scrap by air: PHMSA proposes
to permit the transport of stabilized fish meal or fish scrap (UN2216)
on passenger and cargo aircraft. Currently, when transported as a Class
9 material, stabilized fish meal or fish scrap is only authorized for
transportation by vessel. As a part of this proposal, PHMSA is also
expanding the applicability of the stabilization requirements currently
in place for shipments of these materials by vessel.
<bullet> UN3549 Category A Medical Wastes: PHMSA proposes to create
a new entry in the HMT for ``UN3549, Medical Waste, Category A,
Affecting Humans, solid or Medical Waste, Category A, Affecting Animals
only, solid.'' This entry provides an additional shipping description
for solid materials meeting the Category A classification criteria that
are not appropriate for classification in existing entries/classes
``UN2814, Infectious substance, affecting humans'' or ``UN2900,
Infectious substance, affecting animals only.'' Solid medical waste
containing Category A infectious substances generated from the medical
treatment of humans or veterinary treatment of animals (e.g.,
disposable personal protective equipment) may be assigned to UN3549.
Although PHMSA is not adopting certain packaging provisions adopted in
the UN Model Regulations, it proposes assigning Special Provision 131,
which directs shippers to request a special permit prior to
transportation, to UN3549. Additionally, PHMSA proposes amending
certain parts of Sec. 173.134, which provides definitions and
exceptions for Class 6, Division 6.2 hazardous materials, to include
references to this new UN number and proper shipping name.
<bullet> Additional packagings for ``UN2211, Polymeric beads,
expandable, evolving flammable vapor'' and ``UN3314, Plastic molding
compound in dough, sheet or extruded rope form evolving flammable
vapor'': PHMSA proposes to expand the authorized packagings for
polymeric beads and plastic molding compound to include combination
packagings rather than limiting packaging options to single packagings.
<bullet> Miscellaneous revisions of requirements pertaining to the
transportation of lithium batteries: PHMSA proposes a number of
revisions to HMR requirements, including, but not limited to, minimum
size markings and modification of stowage requirements for lithium
batteries including those offered as damaged/defective or for disposal/
recycling. PHMSA expects the revisions will contribute to the safe
transportation of increased volumes of lithium batteries anticipated as
a result of the increased use of that technology in the transportation
and other economic sectors.
<bullet> Definition of SADT (Self-accelerating decomposition
temperature) and SAPT (Self-accelerating polymerizing temperature):
PHMSA proposes to amend the definitions of SADT and SAPT to clarify
that the lowest temperature at which the these may occur can take place
in a packaging, IBC or portable tank.
<bullet> Periodic inspection for chemicals under pressure: PHMSA
proposes to extend the periodic inspection, from five to ten years, for
cylinders that are filled with hazardous materials described as
``UN3500, Chemicals under pressure, n.o.s.'' that are also used as fire
extinguishing agents.
<bullet> Technical name requirements for marine pollutants: PHMSA
proposes to amend provisions pertaining to the addition of technical
names to the shipping description when transporting hazardous materials
that contain marine pollutants. These amendments aim to provide
flexibility with regard to documentation and marking requirements,
which currently require identifying the technical names of marine
pollutant components in those materials. Additionally, PHMSA proposes
to amend Sec. Sec. 172.203(l) and 172.322 to limit the applicability
of requirements for specific marine pollutant constituents for generic
entries (indicated by the letter ``G'' in column 1 of the Hazardous
Materials Table) and those containing ``n.o.s.'' as part of the proper
shipping names.
<bullet> Stability tests for nitrocellulose: PHMSA proposes to add
stability testing requirements for nitrocellulose, to require that
these materials meet the criteria of the Bergmann-Junk test or methyl
violet paper test in the UN Manual of Tests and Criteria, Appendix 10.
Some of the proposed amendments represent improvements in safety
(e.g., nitrocellulose stability testing, additional closures for
packagings intended for pyrophoric materials, on deck stowage
requirements for lithium batteries transported by vessel, etc.). All
the proposed amendments are expected to maintain the HMR's high safety
standard for the public and the environment. Additionally, PHMSA
anticipates that there are safety benefits to be derived from improved
compliance related to consistency amongst domestic and international
regulations. PHMSA solicits comment on the amendments proposed in this
NPRM pertaining to: need, benefits and costs of the proposed HMR
revisions; impact on safety and the environment;
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impact on environmental justice and equity; and any other relevant
information. In addition, PHMSA solicits comment regarding approaches
to reducing the costs of this rule while maintaining or increasing
safety benefits. As further explained in the PRIA, PHMSA expects that
the aggregate benefits of the amendments proposed in this NPRM justify
their aggregate costs. Nonetheless, PHMSA solicits comment on specific
changes (e.g., greater flexibility with regard to a particular
proposal) that might improve the rule.
II. Background
The Federal hazardous materials transportation law (49 U.S.C. 5101
et seq.) directs PHMSA to participate in relevant international
standard-setting bodies and encourages alignment of the HMR with
international transport standards as consistent with promotion of
safety and the public interest. See 49 U.S.C. 5120. This statutory
mandate reflects the importance of international standard-setting
activity in light of the globalization of commercial transportation of
hazardous materials. Harmonization of the HMR with those efforts can
reduce the costs and other burdens of complying with multiple or
inconsistent safety requirements between nations. Consistency between
the HMR and current international standards can also enhance safety by
(1) ensuring that the HMR is informed by the latest best practices and
lessons learned; (2) improving understanding of and compliance with
pertinent requirements; (3) facilitating the smooth flow of hazardous
materials from their points of origin to their points of destination,
thereby avoiding risks to the public and the environment from release
of hazardous materials from delays or interruptions in the
transportation of those materials; and (4) enabling consistent
emergency response procedures in the event of a hazardous materials
incident.
PHMSA participates in the development of international regulations
and standards for the transportation of hazardous materials. It also
adopts within the HMR international standards consistent with PHMSA's
safety mission. PHMSA reviews and evaluates each international standard
it considers for incorporation within the HMR on its own merits, to
include the effects on transportation safety, the environmental
impacts, and any economic impact. PHMSA's goal is to harmonize with
international standards without diminishing the level of safety
currently provided by the HMR or imposing undue burdens on the
regulated community.
In a final rule published December 21, 1990,\1\ PHMSA's
predecessor, the Research and Special Programs Administration (RSPA),
comprehensively revised the HMR for greater consistency with the UN
Model Regulations. The UN Model Regulations constitute a set of
recommendations issued by the United Nations Sub-Committee of Experts
(UNSCOE) on the Transport of Dangerous Goods and on the Globally
Harmonized System of Classification and Labelling of Chemicals (GHS).
The UN Model Regulations are amended and updated biennially by the
UNSCOE and serve as the basis for national, regional, and international
modal regulations, including the ICAO Technical Instructions and IMDG
Code.
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\1\ 55 FR 52401 (Dec. 21, 1990).
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PHMSA has evaluated recent updates to the international standards,
and proposes to revise the HMR to adopt changes consistent with
revisions to the 2021-2022 Edition of the ICAO Technical Instructions,
Amendment 40-20 to the IMDG Code,\2\ and the 21st revised edition of
the UN Model Regulations, all of which were published by or in effect
on January 1, 2021. PHMSA issued an enforcement discretion on October
1, 2020, stating that while PHMSA is considering the 2021-2022 Edition
of the ICAO Technical Instructions and amendment 40-20 of the IMDG Code
for potential adoption into the HMR, PHMSA and other Federal agencies
that enforce the HMR (the Federal Railroad Administration, the Federal
Aviation Administration (FAA), the Federal Motor Carrier Safety
Administration, and the United States Coast Guard) will not take
enforcement action against any offeror or carrier who uses these
standards as an alternative to complying with current HMR requirements
when all or part of the transportation is by air with respect to the
ICAO Technical Instructions, or by vessel with respect to the IMDG
Code. In addition, PHMSA and its partners will not take enforcement
action against any offeror or carrier who offers or accepts for
domestic or international transportation by any mode packages marked or
labeled in accordance with these standards. This notice remains in
effect until withdrawn or otherwise modified.\3\ Additionally, in
response to the ongoing global COVID-19 public health emergency, on
December 31, 2020 and February 23, 2021, ICAO published addenda to the
2021-2022 Edition of the ICAO Technical Instructions to provide
additional provisions and exceptions to reduce regulatory compliance
burdens for the transport of certain hazardous materials, such as
alcohols and aerosols used for hygienic purposes, by air. PHMSA
proposes to include those changes to international standards in this
NPRM. Finally, PHMSA proposes to incorporate by reference these new
international regulations and standards as well as new requirements
from the IAEA, ``Specific Safety Requirements Number SSR-6: Regulations
for the Safe Transport of Radioactive Material 2018 Edition'' (SSR-6,
Ref. 1); several new or updated ISO standards; and an updated version
of the OECD Guidelines for the Testing of Chemicals Test No. 431: In
vitro skin corrosion: reconstructed human epidermis (RHE) test method.
The standards incorporated by reference are authorized for use for
domestic transportation, under specific conditions, by part 171,
subpart C of the HMR.
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\2\ Amendment 40-20 to the IMDG Code may be voluntarily complied
with as of January 1, 2021; however, Amendment 39-18 will remain
effective through May 31, 2022.
\3\ PHMSA, Notice of Enforcement Policy Regarding International
Standards (Oct. 1, 2020), <a href="https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-10/Notice%20of%20Enforcement%20Policy%20Regarding%20International%20Standards%20Oct%201%202020.pdf">https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-10/Notice%20of%20Enforcement%20Policy%20Regarding%20International%20Standards%20Oct%201%202020.pdf</a>. PHMSA expects that it may withdraw this
enforcement discretion should the HMR amendments proposed here be
adopted in a final rule.
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Contemporaneously with PHMSA's development of the NPRM, the
President has issued a series of Executive Orders coordinating Federal
response to the COVID-19 public health emergency, a handful of those
are pertinent to this NPRM. Specifically, section 2 of Executive Order
13987 (``Organizing and Mobilizing the United States Government to
Provide a Unified and Effective Response to Combat COVID-19 and To
Provide United States Leadership on Global Health and Security'') \4\
contemplates broad-based action across the Federal Government to
``produce, supply, and distribute personal protective equipment,
vaccines, tests, and other supplies for the Nation's COVID-19
response.'' Similarly, Executive Order 14002 (``Economic Relief Related
to COVID-19 Pandemic'') \5\ directs Federal agencies like PHMSA to
respond to the economic harm caused by the COVID-19 public health
emergency by promptly identifying actions they can take within existing
authorities to provide economic relief to affected persons and
[[Page 43847]]
businesses. Lastly, the President has announced ambitious reductions in
national GHG emissions to combat climate, change, identifying
electrification of the transportation and other economic sectors--to
include enabling more widespread use of electric storage technologies
(such as lithium batteries) -- as a critical element of that effort.\6\
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\4\ 86 FR 7019 (Jan. 20, 2021).
\5\ 86 FR 7229 (Jan. 21, 2021).
\6\ See, e.g., White House, ``Fact Sheet: President Biden Sets
2030 Greenhouse Gas Pollution Reduction Target Aimed at Creating
Good-Paying Union Jobs and Securing U.S. Leadership on Clean Energy
Technologies'' (Apr. 21, 2021), <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/22/fact-sheet-president-biden-sets-2030-greenhouse-gas-pollution-reduction-target-aimed-at-creating-good-paying-union-jobs-and-securing-u-s-leadership-on-clean-energy-technologies/">https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/22/fact-sheet-president-biden-sets-2030-greenhouse-gas-pollution-reduction-target-aimed-at-creating-good-paying-union-jobs-and-securing-u-s-leadership-on-clean-energy-technologies/</a>.
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III. Incorporation by Reference Discussion Under 1 CFR Part 51
According to the Office of Management and Budget (OMB), Circular A-
119, ``Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities,''
government agencies must use voluntary consensus standards wherever
practical in the development of regulations.
PHMSA currently incorporates by reference into the HMR all or parts
of several standards and specifications developed and published by
standard development organizations (SDO). In general, SDOs update and
revise their published standards every 2 to 5 years to reflect modern
technology and best technical practices. The National Technology
Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-113) directs
Federal agencies to use standards developed by voluntary consensus
standards bodies in lieu of government-written standards whenever
possible. Voluntary consensus standards bodies develop, establish, or
coordinate technical standards using agreed-upon procedures. OMB issued
Circular A-119 to implement section 12(d) of the NTTAA relative to the
utilization of consensus technical standards by Federal agencies. This
circular provides guidance for agencies participating in voluntary
consensus standards bodies and describes procedures for satisfying the
reporting requirements in the NTTAA. Accordingly, PHMSA is responsible
for determining which currently referenced standards should be updated,
revised, or removed, and which standards should be added to the HMR.
Revisions to materials incorporated by reference in the HMR are handled
via the rulemaking process, which allows for the public and regulated
entities to provide input. During the rulemaking process, PHMSA must
also obtain approval from the Office of the Federal Register to
incorporate by reference any new materials. The Office of the Federal
Register issued a rulemaking on November 7, 2014 that revised 1 CFR
51.5 to require that agencies detail in the preamble of an NPRM the
ways the materials it proposes to incorporate by reference are
reasonably available to interested parties, or how the agency worked to
make those materials reasonably available to interested parties.
The UN Model Regulations, the UN Manual of Tests and Criteria, the
IAEA Regulations for the Safe Transport of Radioactive Material, and
the OECD Guidelines for the Testing of Chemicals Test No. 431: In vitro
skin corrosion: reconstructed human epidermis (RHE) test method are
free and easily accessible to the public on the internet, with access
provided through the parent organization websites. The ICAO Technical
Instructions, IMDG Code, and all ISO standard references are available
for interested parties to purchase in either print or electronic
versions through the parent organization websites. The price charged
for those not freely available helps to cover the cost of developing,
maintaining, hosting and accessing these standards. The specific
standards are discussed in greater detail in Section V.
IV. Amendments Not Being Considered for Adoption in this NPRM
As documented below, PHMSA has determined that certain elements of
updated international regulations and standards that are the subject of
this rulemaking should not be adopted into the HMR because the
structure of the HMR is such that it makes adoption unnecessary, or
PHMSA has deemed it is a safer approach to authorize certain transport
requirements through a special permit rather than adopting into the
HMR. Use of a special permit allows for greater oversight and
development of transport history and data prior to determining adoption
within the HMR.
The following is a list of elements of updated international
standards that PHMSA is not considering for adoption in this NPRM, and
the rationale for that decision:
<bullet> Issue #1: As discussed previously, PHMSA proposes to add a
new HMT entry for ``UN3549 Medical Waste, Category A, Affecting Humans,
solid or Medical Waste, Category A, Affecting Animals only, solid'' for
consistency with updates to the Dangerous Goods Lists of the ICAO
Technical Instructions (Dangerous Goods List) and the UN Model
Regulations. However, PHMSA is not proposing to revise the HMR/HMT to
incorporate the corresponding packaging instructions for these
materials. Instead, PHMSA plans to continue to approve the packaging
and transport of these materials through a special permit. Maintaining
approval of these shipments under a special permit allows for oversight
of the grantees in that PHMSA can conduct a fitness evaluation prior to
granting a special permit and data on the number of shipments made
under a special permit are provided to PHMSA.
<bullet> Issue #2: In the 2021-2022 Edition of the ICAO Technical
Instructions, Special Provision A201 was revised to provide provisions
for transport of lithium batteries on a passenger aircraft with the
prior approval of the State of Origin and the operator, provided the
batteries were intended for urgent medical need. PHMSA is not proposing
to make a corresponding amendment to the HMR because PHMSA added Sec.
173.185(g) in an interim final rule (HM-224I) published on March 6,
2019 \7\ in response to a statutory mandate in the FAA Reauthorization
Act of 2018. Pub. L. 115-254 (Oct. 5, 2018). That HMR amendment
provided limited exceptions from HMR prohibitions permitting air
transportation of medical device batteries with the approval of the
Associate Administrator. A final rule covering the issues adopted on an
interim basis in HM-224I is currently under development.
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\7\ 84 FR 8006 (Mar. 6, 2019).
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<bullet> Issue #3: The 21st revised edition of the UN Model
Regulations, the 2021-2022 edition of the ICAO Technical Instructions,
and Amendment 40-20 to the IMDG Code amended various radioactive
transportation requirements to harmonize with the IAEA Regulations for
the Safe Transport of Radioactive Material, No. SSR-6. While PHMSA
proposes to incorporate by reference Regulations for the Safe Transport
of Radioactive Material, No. SSR-6, PHMSA is not proposing to harmonize
the HMR with the remainder of the changes made by the various
international regulations (i.e., ICAO Technical Instructions, UN Model
Regulations, IMDG Code) regarding radioactive materials requirements.
PHMSA plans to address domestic radioactive harmonization issues in a
future rulemaking (HM-250A, under RIN137-AF42) in coordination with the
Nuclear Regulatory Commission.
<bullet> Issue #4: The 21st revised edition of the UN Model
Regulations contains an
[[Page 43848]]
amendment to general requirements permitting the use of the proper
shipping name ``Articles containing dangerous goods, n.o.s.''
Specifically, this amendment authorizes the use of this entry for
articles containing explosives if the article is excluded from Class 1
(explosives) by meeting certain exclusion criteria identified in
section 2.1.3.6.4 of the UN Model Regulations. However, PHMSA is not
proposing a corresponding amendment to Sec. 173.232 because PHMSA does
not permit shippers to self-exclude a potential explosive (i.e., an
article) from Class 1. Rather, Sec. 173.56 of the HMR requires
shippers to submit explosives to PHMSA-approved explosives test labs,
which perform evaluations to determine whether the explosive meets the
exclusion criteria and then recommend a classification to PHMSA for
explosives submitted to them for review. If an article is excluded from
Class 1, a document would be issued by PHMSA that indicates it is not
an explosive, but must be classified based on any other hazard
presented by the article. In this case, the shipper would be required
to pick the most appropriate proper shipping name, which could include
the appropriate ``Articles, n.o.s.'' entry.
<bullet> Issue #5: The 21st revised edition of the UN Model
Regulations contains amendments to Packing Instruction P801, applicable
to used batteries assigned the following UN numbers: ``UN2794,
Batteries, wet, filled with acid, electric storage''; ``UN2795,
Batteries, wet, filled with alkali, electric storage''; and ``UN3028,
Batteries, dry, containing potassium hydroxide solid, electric
storage.'' These amendments were adopted to correct issues pertaining
to requirements unique to the UN Model Regulations for the use of
stainless steel boxes and plastic bins as packaging for those used
batteries. In contrast, the HMR does not specify such packagings for
used UN2794/2795/3028 batteries, nor does this NPRM propose to amend
the HMR to authorize such packaging. Existing HMR packaging
requirements in Sec. 173.159 for such batteries are adequately
protective. The HMR allows used batteries that are not damaged or
leaking to be offered for transportation in accordance with the general
packaging requirements in Sec. 173.159(a)-(e) or paragraph (k) for
damaged batteries. Because of the combination of general packaging
requirements in 49 CFR part 173, subpart B, and the battery specific
packaging requirements in Sec. 173.159, PHMSA does not believe there
is a safety justification to limit transportation of used batteries to
those packaged in accordance with the new UN packing instruction
requirements in P801 or to add these stainless steel boxes or plastic
bins to the current packaging authorizations in the HMR.
V. Section-By-Section Review of NPRM Proposals
The following is a section-by-section review of the amendments
proposed in this NPRM.
A. Part 171
Section 171.7
Section 171.7 provides a listing of all voluntary consensus
standards incorporated by reference into the HMR, as directed by the
NTTAA. For this rulemaking, PHMSA evaluated updated international
consensus standards pertaining to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements.
PHMSA contributed to the development of those standards--each of which
build on the well-established and documented safety histories of
earlier editions -- as it participated in the discussions and working
group activities associated with their proposal, revision, and
approval. Those activities in turn have informed PHMSA's evaluation of
the effect those updated consensus standards would have on safety when
incorporated by reference and provisions adopted into the HMR. Further,
PHMSA notes that some of the consensus standards proposed for
incorporation by reference within the HMR in this rulemaking have
already been adopted into the regulatory schemes of other countries;
note again that PHMSA itself has issued an enforcement discretion
authorizing their use as an interim strategy for complying with current
HMR requirements. PHMSA is not aware of adverse safety impacts from
that operational experience. For these reasons, PHMSA expects their
adoption will maintain the high safety standard currently achieved
under the HMR. Therefore, PHMSA proposes to add or revise the following
incorporation by reference materials: \8\
---------------------------------------------------------------------------
\8\ All other standards that are set out as part of the
regulatory text of Sec. 171.7(w) were previously approved for
incorporation by reference and no changes are proposed.
---------------------------------------------------------------------------
<bullet> In paragraph (s)(1), incorporate by reference the 2018
edition of the IAEA Regulations for the Safe Transport of Radioactive
Material, Safety Standards Series No. SSR-6 (Rev.1), to replace the
2012 edition, which is currently referenced in Sec. Sec. 171.22;
171.23; 171.26; 173.415; 173.416; 173.417; 173.435; and 173.473. The
IAEA regulations establish standards of safety for control of the
radiation, criticality, and thermal hazards to people, property, and
the environment that are associated with the transport of radioactive
materials. Notable changes from the previous edition include
clarification of marking requirements, a new group of surface
contaminated objects SCO-III for UN2914, and amendments to basic
radionuclide values (activity of the radionuclide as listed in Sec.
173.435) for seven specific radionuclides (Ba-135m, Ge-69, Ir-193m, Ni-
57, Sr-83, Tb-149 and Tb-161). The Regulations for the Safe Transport
of Radioactive Material are available for download and purchase in hard
copy on the IAEA website at: <a href="https://www.iaea.org/publications/12288/regulations-for-the-safe-transport-of-radioactive-material">https://www.iaea.org/publications/12288/regulations-for-the-safe-transport-of-radioactive-material</a>.
<bullet> In paragraph (t)(1), incorporate by reference the 2021-
2022 edition of the ICAO Technical Instructions, to replace the 2019-
2020 Edition, which is currently referenced in Sec. Sec. 171.8;
171.22; 171.23; 171.24; 172.101; 172.202; 172.401; 172.407; 172.512;
172.519; 172.602; 173.56; 173.320; 175.10, 175.33; and 178.3. The ICAO
Technical Instructions specify detailed instructions for the safe
international transport of dangerous goods by air. The requirements in
the 2021-2022 edition have been amended to align better with the 21st
revised edition of the United Nations Recommendations on the Transport
of Dangerous Goods and the IAEA Regulations for the Safe Transport of
Radioactive Material. Notable changes in the 2021-2022 edition of the
ICAO Technical Instructions include new packing and stowage provisions,
new and revised entries on the Dangerous Goods List, and editorial
corrections. The 2021-2022 edition of the ICAO Technical Instructions
are available for purchase on the ICAO website at <a href="https://store.icao.int/en/shop-by-areas/safety/dangerous-goods">https://store.icao.int/en/shop-by-areas/safety/dangerous-goods</a>.
<bullet> In paragraph (v)(2), incorporate by reference the 2020
edition of the IMDG Code, Incorporating Amendment 40-20 (English
Edition), to replace Incorporating Amendment 39-18, 2018 Edition, which
is currently referenced in Sec. Sec. 171.22; 171.23; 171.25; 172.101;
172.202; 172.203 172.401; 172.407; 172.502; 172.519; 172.602; 173.21;
173.56; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140;
176.720; 176.906; 178.3; and 178.274. The IMDG Code is a unified
international code that outlines standards and requirements for the
transport of dangerous goods by sea. Notable changes in Amendment 40-20
include new packing and stowage provisions, new and revised entries on
[[Page 43849]]
the Dangerous Goods List, and editorial corrections. Distributors of
the IMDG Code can be found on the International Maritime Organization
(IMO) website at: <a href="https://www.imo.org/en/publications/Pages/Distributors-default.aspx">https://www.imo.org/en/publications/Pages/Distributors-default.aspx</a>.
<bullet> In paragraph (w), incorporate by reference or remove the
following ISO documents to include new and updated standards for the
specification, design, construction, testing, and use of gas cylinders:
--ISO 10156:2017, ``Gas cylinders--Gases and gas mixtures--
Determination of fire potential and oxidizing ability for the selection
of cylinder valve outlets'' in paragraph (w)(38) and referenced in
Sec. 173.115. ISO 10156 specifies methods for determining whether a
gas or gas mixture is flammable in air and whether a gas or gas mixture
is more or less oxidizing than air under atmospheric conditions. It is
intended to be used for the classification of gases and gas mixtures
including the selection of gas cylinder valve outlets. This amendment
would remove ISO 10156:2010, third edition, and the associated
corrigendum (ISO 10156:2010/Cor.1:2010(E)), from the HMR and add the
revised ISO 10156:2017(E), fourth edition, as the former documents have
been withdrawn by ISO and replaced with updated 2017 versions. As part
of the five-year periodic review of all standards, ISO reviewed ISO
1056:2010 and published an updated version, ISO 10156:2017, which was
published in September 2017 and adopted in the 21st revised edition of
the UN Model Regulations. While many of the edits in this 2017 version
were editorial changes made to suit the ISO publication rules, the
standard has also been supplemented with a test method to determine the
flammability limits of gases and gas mixtures in air and a calculation
method to determine the lower flammability limit of a gas mixture.
PHMSA expects that the latter change will enhance safety by providing
improved instruction on determination of flammability of gases and gas
mixtures which would aid in the proper selection of a valve. (see Sec.
173.115 of the Section-by-Section Review for additional discussion of
this proposed change).
--ISO 10297: 2014/Amd 1:2017, ``Gas cylinders -- Cylinder valves--
Specification and type testing'' in paragraph (w)(42) and referenced in
Sec. 173.301b and Sec. 178.71. ISO published this supplemental
amendment to the 2014 version of this document (i.e., ISO 10297: 2014)
to clarify valve requirements for tubes and pressure drums and to
correct errors found in the 2014 version. PHMSA proposes to reference
this amendment in Sec. Sec. 173.301b and 178.71, where use of ISO
10297:2014 is required. PHMSA reviewed this document and determined
that the amendments it adds would provide additional safety benefits
for hazardous materials in transportation.
--ISO 10462:2013, ``Gas cylinders -- Transportable cylinders for
dissolved acetylene -- Periodic inspection and maintenance.'' PHMSA
proposes to delete this second edition of ISO 10462 currently in
paragraph (w)(44) from the list of materials incorporated by reference.
PHMSA requires the use of ISO 10462 for the requalification of a
dissolved acetylene cylinder in Sec. 180.207. In final rule HM-
215N,\9\ PHMSA incorporated by reference the updated third edition of
ISO 10462; however, the rule included a sunset provision to allow
continued use of this second edition until December 31, 2018. Because
this date has since passed, and the second edition is no longer
authorized for use under Sec. 180.207, PHMSA proposes removing
reference to this edition in Sec. 171.7, as well as a making a
conforming revision to remove the sunset provision in Sec. 180.207.
---------------------------------------------------------------------------
\9\ 82 FR 15796 (Mar. 30, 2017).
---------------------------------------------------------------------------
--ISO 11114-1:2012/Amd 1:2017(E), ``Gas cylinders--Compatibility of
cylinder and valve materials with gas contents--Part 1: Metallic
materials--Amendment 1,'' in paragraph (w)(47), which PHMSA proposes to
reference in Sec. 172.102, Sec. 173.301b, and Sec. 178.71. This 2017
document supplements ISO 11114-1:2012(E), which provides requirements
for the selection of safe combinations of metallic cylinder and valve
materials, and cylinder gas contents. As part of ISO's regular five-
year review of its standards, the 2012 version of this document was
amended through the issuance of this supplemental document, ISO 11114-
1:2012/Amd 1:2017(E). This 2017 document amends the 2012 version by
providing more explicit instructions on the permissible concentrations
of gases containing halogens in aluminum cylinders. It also provides
amended requirements for butylene, hydrogen cyanide, hydrogen sulfide
and nitric oxide. Consequently, the 21st revised edition of the UN
Model Regulations updated all references to the 2012 edition to include
a reference to the supplemental amendment (ISO 11114-1:2012/Amd
1:2017(E)). PHMSA proposes to revise the HMR likewise, by amending
Special Provision 379, Sec. 173.301b and Sec. 178.71 where ISO 11114-
1:2012(E) is permitted or required, to also require compatibility with
ISO 11114-1:2012/Amd 1:2017(E).
--ISO 11119-1:2012(E), ``Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing-- Part 1: Hoop
wrapped fibre reinforced composite gas cylinders and tubes up to 450
l'', found in paragraph (w)(55). This document specifies requirements
for composite gas cylinders and tubes between 0.5 L and 450 L water
capacity, for the storage and conveyance of compressed or liquefied
gases. ISO 11119-1:2012(E) is currently incorporated by reference in
Sec. 178.71; however, PHMSA is proposing to additionally incorporate
by reference in Sec. 178.75.
--ISO 11119-2:2012(E), ``Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing--Part 2: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with load-sharing metal liners'' found in paragraph (w)(57). ISO 11119-
2:2012 specifies requirements for composite gas cylinders and tubes
between 0.5 L and 450 L water capacity, for the storage and conveyance
of compressed or liquefied gases. ISO 11119-2:2012(E) is currently
incorporated by reference in Sec. 178.71; however, PHMSA is proposing
to additionally incorporate by reference in Sec. 178.75.
--ISO 11119-2:2012/Amd.1:2014(E), Gas cylinders--Refillable composite
gas cylinders and tubes--Design, construction and testing--Part 2:
Fully wrapped fibre reinforced composite gas cylinders and tubes up to
450 l with load-sharing metal liners, Amendment 1, found in paragraph
(w)(58). ISO 11119-2:2012/Amd. 1:2014(E) is currently incorporated by
reference in Sec. 178.71; however, PHMSA is proposing to additionally
incorporate by reference in Sec. 178.75. This supplemental amendment
was published to align the drop test originally provided in ISO 11119-2
with the drop test outlined in ISO 11119-3 ``Gas cylinders of composite
construction--Specification and test methods--Part 3: Fully wrapped
fibre reinforced composite gas cylinders with non-load-sharing metallic
or non-metallic liners''.
--ISO 11119-3:2013(E), ``Gas cylinders of composite construction--
[[Page 43850]]
Specification and test methods--Part 3: Fully wrapped fibre reinforced
composite gas cylinders with non-load-sharing metallic or non-metallic
liners'' listed in paragraph (w)(60). This document is currently
incorporated by reference in Sec. 178.71; however, PHMSA is proposing
to additionally incorporate by reference in Sec. 178.75. ISO 11119-
3:2013 specifies requirements for composite gas cylinders up to 150 l
water capacity and composite tubes above 150 L water capacity and up to
450 L water capacity, for the storage and conveyance of compressed or
liquefied gases.
--ISO 11119-4:2016, ``Gas cylinders--Refillable composite gas
cylinders--Design, construction and testing--Part 4: Fully wrapped
fibre reinforced composite gas cylinders up to 150 L with load-sharing
welded metallic liners,'' in (w)(61), which PHMSA proposes to add a new
reference to in Sec. 178.71 and 178.75. This standard provides
requirements for composite gas cylinders with load-sharing welded
liners between 0.5 L and 150 L water capacity and a maximum test
pressure of 450 bar \10\ for the storage and conveyance of compressed
or liquefied gases. PHMSA proposes requiring UN composite cylinders and
tubes to conform to this standard in Sec. 178.71. See 178.71 of
Section-by-Section Review for additional discussion on this new
incorporation by reference.
---------------------------------------------------------------------------
\10\ 1 Bar = 100 kPa = 14.504 psi.
---------------------------------------------------------------------------
--ISO 14246:2014/Amd 1:2017, ``Gas cylinders--Cylinder valves--
Manufacturing tests and examinations--Amendment 1,'' in paragraph
(w)(72). PHMSA proposes to add a reference to this document in Sec.
178.71. This one page amendment, published in 2017, is intended for use
in conjunction with ISO 14246:2014, which specifies the procedures and
acceptance criteria for manufacturing testing and examination of
cylinder valves that have been manufactured to achieve type approval.
This 2017 document amends the 2014 version by updating the pressure
test and leakproofness test specifically for acetylene valves.
Consequently, the 21st revised edition of the UN Model Regulations
updated all references to the 2014 edition to include a reference to
the supplemental amendment (ISO 14246/Amd 1:2017). Therefore, PHMSA
proposes to do likewise by adding a reference to this supplement in
Sec. 178.71, where inspection and testing in accordance with ISO
14246:2014 are required. See 178.71 of the Section-by-Section Review
for additional discussion on this proposal.
--ISO 17879:2017, ``Gas cylinders--Self-closing cylinder valves--
Specification and type testing,'' in paragraph (w)(75). PHMSA proposes
to add a reference to this standard in Sec. 173.301b and Sec. 178.71.
This standard provides the design, type testing, marking, and
manufacturing tests and examinations requirements for self-closing
cylinder valves intended to be fitted to refillable transportable gas
cylinders used to transport compressed, liquefied or dissolved gases.
--ISO 20475:2018, ``Gas cylinders--Cylinder bundles--Periodic
inspection and testing'' in paragraph (w)(77). This standard provides
the requirements for the periodic inspection and testing of cylinder
bundles containing compressed, liquefied, and dissolved gas. PHMSA
proposes to add a reference to this standard in Sec. 180.207, which
provides the requirements for requalification of UN pressure
receptacles.
All ISO standards are available for preview and purchase at:
<a href="https://www.iso.org/standards.html">https://www.iso.org/standards.html</a>.
<bullet> In paragraph (aa)(3), incorporate by reference the updated
2016 version of the OECD Guidelines for the Testing of Chemicals ``Test
No. 431: In vitro skin corrosion: reconstructed human Epidermis (RHE)
test method.'' PHMSA proposes to update the version of OECD Guidelines
for the Testing of Chemicals Test No. 431 referenced in Sec. 173.137,
to maintain alignment with the UN Model Regulations. This document is
used for the identification of corrosive chemical substances and
mixtures. This updated edition includes in vitro methods allowing for
better differentiation between hazard categories, which had not been
possible under earlier editions due to the limited set of well-known in
vivo corrosive sub-category chemicals against which to validate in
vitro testing results. Therefore, this updated test protocol may
provide clearer distinctions between severe and less severe skin
corrosives. OECD test methods can be found in the OECD iLibrary
available at <a href="https://www.oecd-ilibrary.org/">https://www.oecd-ilibrary.org/</a>.
<bullet> In paragraph (dd), incorporate by reference United Nations
standards including:
--``The Recommendations on the Transport of Dangerous Goods--Model
Regulations,'' 21st revised edition (2019), Volumes I and II, in
paragraph (dd)(1), which are referenced in Sec. Sec. 171.8; 171.12;
172.202; 172.401; 172.407; 172.502; 172.519; 173.22; 173.24; 173.24b;
173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; and 178.274. The
Model Regulations provide framework provisions promoting uniform
development of national and international regulations governing the
transportation of hazardous materials by various modes of transport. At
its ninth session on December 7, 2018, the UNSCOE on the Transport of
Dangerous Goods and on the GHS adopted amendments to the UN Model
Regulations concerning, inter alia, electric storage systems (including
lithium batteries installed in cargo transport units and defective
batteries), explosives, infectious waste of Category A, waste gas
cartridges, harmonization with the 2018 edition of IAEA's Regulations
for the Safe Transport of Radioactive Material, listing of dangerous
goods, update of LC50 values for some toxic gases and use of in vitro
skin corrosion methods for classification. The 21st revised edition of
the UN Model Regulations is available online at: <a href="https://unece.org/rev-21-2019">https://unece.org/rev-21-2019</a>.
--The Manual of Tests and Criteria, 7th revised edition (2019), in
paragraph (dd)(2), which is referenced in Sec. Sec. 171.24, 172.102;
173.21; 173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125;
173.127; 173.128; 173.137; 173.185; 173.220; 173.221; 173.224; 173.225;
173.232; part 173, appendix H; 175.10; 176.905; and 178.274. The Manual
of Tests and Criteria contains instruction for the classification of
hazardous materials for purposes of transportation according to the UN
Model Regulations. PHMSA proposes to replace the sixth revised edition
(2015) and the sixth revised edition, Amendment 1 (2017) with the
seventh revised edition. The amendments adopted in 2018 for the seventh
revised edition include: A full review of the text of the Manual to
facilitate its use in the context of the GHS; a new test under test
series 8 to determine the sensitiveness of a candidate ammonium
nitrate, emulsion or suspension, or gel, intermediate for blasting
explosive, to the effect of intense localized thermal ignition under
high confinement; new provisions addressing classification of
polymerizing substances for transport; stability tests for
nitrocellulose mixtures (new Appendix 10); and a compilation of
classification results on industrial nitrocellulose in accordance with
Chapter 2.17 of the GHS, which can be used for the
[[Page 43851]]
classification of industrial nitrocellulose based products (new
Appendix 11). Additionally, the Committee considered that the reference
to the ``Recommendations on the Transport of Dangerous Goods'' in the
title of the manual was no longer appropriate, and decided that the
manual should be entitled ``Manual of Tests and Criteria.'' Therefore,
PHMSA proposes to amend the title of this document in the list of
reference material in Sec. 171.7 to reflect this change. The seventh
revised edition of the ``Manual of Tests and Criteria'' can be accessed
at: <a href="https://unece.org/rev7-files">https://unece.org/rev7-files</a>.
--``Globally Harmonized System of Classification and Labelling of
Chemicals'', eighth revised edition (2019) in paragraph (dd)(3), which
is referenced in Sec. 172.401. The GHS standard provides a basic
scheme to identify the hazards of substances and mixtures and to
communicate the hazards. At its ninth session on December 7, 2018, the
Committee adopted a set of amendments to the seventh revised edition of
the GHS which include, inter alia: new classification criteria, hazard
communication elements, decision logics, and guidance for chemicals
under pressure; new provisions for the use of in vitro/ex vivo data and
non-test methods to assess skin corrosion and skin irritation;
miscellaneous amendments to clarify the classification criteria for
Specific Target Organ Toxicity; revised and further rationalized
precautionary statements and an editorial revision of Sections 2 and 3
of Annex 3; new examples of precautionary pictograms to convey the
precautionary statement ``Keep out of reach of children''; a new
example in Annex 7 addressing labelling of sets or kits; and guidance
on the identification of dust explosion hazards and the need for risk
assessment, prevention, mitigation, and hazard communication. The
eighth revised edition of the GHS can be accessed at <a href="https://unece.org/ghs-rev8-2019">https://unece.org/ghs-rev8-2019</a>.
--``European Agreement concerning the International Carriage of
Dangerous Goods by Road'', in (dd)(4), which is referenced in Sec.
171.23. The European Agreement concerning the International Carriage of
Dangerous Goods by Road (ADR) outlines regulations concerning the
international carriage of dangerous goods by road within the EU and
other countries that are party to the agreement. This publication
presents the European Agreement, the Protocol Signatures, the annexes,
and the amendments. In addition to a new title, the 2020 edition of
this document includes amendments necessary to ensure harmonization of
ADR with the UN Model Regulations, additional amendments adopted by the
Working Group on Tanks as well as amendments proposed by the Working
Group on Standards. PHMSA proposes to remove references to the 2019
edition of the ADR, ECE/TRANS/257, and add references to volumes I and
II of the 2020 edition, ECE/TRANS/300. The ADR can be accessed at:
<a href="https://www.unece.org/trans/danger/publi/adr/adr_e.html">https://www.unece.org/trans/danger/publi/adr/adr_e.html</a>.
Section 171.8
Section 171.8 defines terms used throughout the HMR that have broad
or multi-modal applicability. Currently, the definitions provided in
Sec. 171.8 for SADT, i.e., ``self-accelerating decomposition
temperature'' and SAPT, i.e., ``self-accelerating polymerization
temperature'' only spell out the abbreviations and direct users to
Sec. 173.21--Forbidden materials and packages--for the actual defining
criteria. PHMSA proposes to make editorial changes to improve the
utility of the definitions of SADT and SAPT by providing a clear
explanation of these terms in the context of packaging within the HMR.
Section 171.12
Paragraph (a) of Sec. 171.12 prescribes requirements for the use
of the TDG Regulations for hazardous materials transported from Canada
to the United States, from the United States to Canada, or through the
United States to Canada or a foreign destination. PHMSA proposes to
amend Sec. 171.12(a)(1) to authorize the use of a temporary
certificate issued by Transport Canada for motor carrier or rail
transportation of a hazardous material.
In a 2017 rulemaking, HM-215N,\11\ PHMSA authorized hazardous
materials to be offered for transportation or transported by motor
carrier and rail in accordance with an equivalency certificate issued
by Transport Canada, as an alternative to transportation of these items
under the TDG Regulations as provided in Sec. 171.22. The HMR
amendment resulted from negotiations by the U.S.-Canada Regulatory
Cooperation Council (RCC), a government-to-government forum established
in 2011 by the President of the United States and the Canadian Prime
Minister for PHMSA and Transport Canada, respectively, to identify and
resolve (with input from stakeholders) impediments to cross-border
transportation of hazardous materials. Among the initiatives agreed
upon by PHMSA and Transport Canada within the RCC was modification of
their respective regulations to ensure reciprocal recognition of
special permits (PHMSA) and certificates (Transport Canada) specifying
the terms and conditions authorizing deviations from their respective
regulatory requirements governing transportation of hazardous
materials.
---------------------------------------------------------------------------
\11\ 82 FR 15796 (Mar. 30, 2017).
---------------------------------------------------------------------------
Subsequently, Transport Canada recognized PHMSA's special permits,
which are issued based on either being in the public interest or on the
basis that the permit provides a demonstrable equivalent level of
safety. See Sec. 107.105(d). In HM-215N, PHMSA revised the HMR to
recognize equivalency certificates by Transport Canada on the basis of
a finding of safety equivalence with the TDG Regulations. That
rulemaking did not, however, reflect the fact that Transport Canada
also issues temporary certificates authorizing deviation from the TDG
Regulations on a finding that transportation of certain hazardous
materials is in the public interest. Transport Canada issues temporary
certificates after a technical review by its subject matter experts of
an applicant's supporting documentation demonstrating shipment of the
hazardous material is in the public interest. Temporary certificates
are of limited duration and specify terms and conditions--often
extensive--to mitigate risks to public safety and the environment.
Transport Canada posts all temporary certificates to its publicly-
available website.\12\
---------------------------------------------------------------------------
\12\ See Transport Canada, ``Approvals--Search by Certificate
Number,'' <a href="https://wwwapps.tc.gc.ca/Saf-Sec-Sur/3/approvals-approbations/SearchCertificates.aspx">https://wwwapps.tc.gc.ca/Saf-Sec-Sur/3/approvals-approbations/SearchCertificates.aspx</a> (last visited Apr. 16, 2021).
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PHMSA has evaluated Transport Canada's practices in reviewing and
issuing temporary certificates and expects that PHMSA's recognition of
those certificates for motor carrier or rail transportation of
hazardous materials will not adversely affect safety. As noted above,
Transport Canada issues those certificates only after a technical
review is completed by its own subject matter experts to mitigate
residual risks to public safety and the environment as outlined by the
certificates' terms and conditions, including limiting duration of
those temporary certificates. Additionally, other regulatory
requirements (of Transport Canada or PHMSA) not excepted by a temporary
certificate remain in effect. PHMSA
[[Page 43852]]
further notes that, consistent with the HMR's existing authorization in
Sec. 171.12 for reliance on the TDG Regulations to authorize certain
shipments in the United States, the proposed new authorization to use a
temporary certificate applies only for the duration of a shipment. In
other words, once a shipment offered in accordance with a temporary
certificate reaches its destination, any subsequent offering of
packages imported under a Transport Canada temporary certificate would
have to be completed in full compliance with the HMR. PHMSA's proposed
revisions to Sec. 171.12 would further mitigate risk to public safety
and the environment by applying only to motor carrier and rail.
The proposed recognition of Transport Canada-issued temporary
certificates would improve cross-border movement of hazardous materials
from efforts responding to the COVID-19 public health emergency or
other future emergencies. For example, among the temporary certificates
recently issued by Transport Canada are several authorizing exceptions
from TDG Regulations to enable movement of hand sanitizer chemicals and
COVID-19 test samples.\13\ Revision of the HMR as proposed would help
to ensure that, should Transport Canada issue additional temporary
certificates responding to the COVID-19 public health emergency or
another cross-border threat to public safety or the environment, the
HMR will not be an obstacle to those efforts.
---------------------------------------------------------------------------
\13\ See Transport Canada, ``Temporary Certificates,'' <a href="https://tc.canada.ca/en/dangerous-goods/temporary-certificates">https://tc.canada.ca/en/dangerous-goods/temporary-certificates</a> (last visited
Apr. 16, 2021).
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Section 171.23
Section 171.23 outlines the requirements for specific materials and
packagings transported under the ICAO Technical Instructions, IMDG
Code, Transport Canada TDG Regulations, or the IAEA Regulations. It
also includes provisions that authorize the use, under specific
conditions, of pi-marked pressure vessels, which are pressure vessels
and pressure receptacles that comply with ECE/TRANS/257, the ADR, and
the EU Directive 2010/35/EU, and marked with a pi ([pi]) symbol to
denote such compliance. PHMSA proposes to amend Sec. 171.23(a) to
update the reference to ECE/TRANS/257 to: (1) Reference the 2020
edition of this document, ECE/TRANS/300, and (2) reference both volumes
I and II of the ADR. The ADR outlines the regulations concerning the
international carriage of dangerous goods by road within the EU and
other countries that are member to the agreement, and this publication
contains the European Agreement, the Protocol Signatures, the annexes,
and the amendments. Specifically, Sec. 171.23(a) authorizes cylinders
that comply with the requirements of Packing Instruction P200 (packing
instruction for cylinders, tubes, pressure drums, and bundles of
cylinders) or P208 (packing instruction for Class 2 adsorbed gases) and
6.2 (requirements for the construction and testing of pressure
receptacles, aerosol dispensers, small receptacles containing gas (gas
cartridges), and fuel cell cartridges containing liquefied flammable
gas) of the ADR, published in 2019 as document ECE/TRANS/257. Upon
review of the 2020 edition of this document, ECE/TRANS/300, PHMSA did
not find any substantive changes to the provisions in 6.2, P200, or
P208, and therefore, does not expect that incorporating by reference
ECE/TRANS/300 will impose any safety risk or economic impact. However,
updating the version incorporated by reference to reflect the edition
that is currently in force would facilitate access to foreign markets
by U.S. manufacturers and businesses.
The proposed regulatory text references European Directive 2010/35/
EU, which was previously approved for incorporation by reference in
this section, and no changes are proposed for this standard.
B. Part 172
Section 172.101 Hazardous Materials Table (HMT)
The HMT summarizes terms and conditions governing transportation of
certain hazardous materials under the HMR. For each entry, the HMT
identifies information such as the proper shipping name, UN
identification number, and hazard class. The HMT specifies additional
information or reference requirements in the HMR such as hazard
communication, packaging, quantity limits aboard aircraft, and stowage
of hazardous materials aboard vessels. PHMSA proposes to amend certain
entries in the HMT to reflect the proposed regulatory amendments
discussed below in the Section by Section review. For purposes of the
Government Publishing Office's typesetting procedures, proposed changes
to the HMT appear under three sections of the HMT: ``remove,'' ``add,''
and ``revise.'' Certain entries in the HMT, such as those with
revisions to the proper shipping names, appear as a ``remove'' and
``add.'' Proposed amendments to the HMT include the following:
New HMT Entries
<bullet> UN0511 Detonators, electronic programmable for blasting
<bullet> UN0512 Detonators, electronic programmable for blasting
<bullet> UN0513 Detonators, electronic programmable for blasting
<bullet> UN3549 Medical Waste, Category A, Affecting Humans, solid
or Medical Waste, Category A, Affecting Animals only, solid
The UN Model Regulations contain a new entry to its Dangerous Goods
List for regulated medical waste in Category A (see above list for
UN3549). PHMSA proposes to add this new entry for this proper shipping
name and UN number, and assigning Special Provision 131 to inform
offerors that an approval is required when shipping this material.
PHMSA also proposes to assign a new special provision, Special
Provision 430, to specify the appropriate use of this proper shipping
name. The addition of a proper shipping name that more specifically
describes the material in transportation is expected to reduce
regulatory burdens in shipping this material internationally and
domestically. And by limiting the scope of transport by way of special
provision approval requirements for each shipment, PHMSA can exercise
greater oversight of the transport of these materials to, from, or
within the United States.
PHMSA also proposes to add three new entries for the proper
shipping name ``Detonators, electronic programmable for blasting'' with
the following new UN numbers: UN0511, UN0512, and UN0513. These entries
were added in the 21st revised edition of UN Model Regulations as
result of a proposal from the Australian Explosives Industry and Safety
Group (AEISG) and ensuing discussions held by the UN Working Group on
Explosives (EWG) of the Sub-Committee of Experts on the Transport of
Dangerous Goods in 2017 and 2018.\14\ AEISG proposed adding new entries
in the Model Regulations for electronic detonators to distinguish them
from electric detonators, which have significantly different design
characteristics.
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\14\ <a href="https://unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SG-AC.10-C.3-2018-58e.pdf">https://unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SG-AC.10-C.3-2018-58e.pdf</a>.
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The HMT has nine entries for detonators (not used for ammunition)
which include: ``Detonators, non-electric for blasting,'' ``Detonators,
electric for blasting,'' and ``Detonator assemblies, non-electric for
blasting,'' which may fall in to one of three hazard
[[Page 43853]]
classes (1.1B, 1.4B, 1.4S). Under the hazardous materials
classification scheme, based on the existing available entries,
electronic detonators are required to be transported as ``Detonators,
electric for blasting'' which is not the most accurate description.
While using this name does not pose inherent risks during
transportation, it creates potential for risks in down-stream storage,
use, and handling operations. Because electronic detonators are
significantly different from other electric and non-electric
detonators, PHMSA proposes new entries for these devices rather than
including them within the existing entries for electric detonator
types. As with other explosives, the proper classification of these
devices would depend on packaging and testing, hence new entries must
include all possible hazard classifications (1.1B, 1.4G, and 1.4S). For
other newly added hazardous materials assigned a UN number on the
Dangerous Goods List in the UN Model Regulations, PHMSA proposes to
add: UN0511 (1.1B), UN0512 (1.4B), and UN0513 (1.4S) to the HMT to
facilitate proper classification and handling across governmental and
modal jurisdictions. PHMSA expects that this change would provide
clarity and enhance safety by adding more specific proper shipping
names to describe electric detonators.
Column (1) Symbols
Section 172.101(b) describes column (1) of the HMT and symbols
providing for additional requirements for transportation of listed
hazardous materials that may be indicated in the column. As provided in
Sec. 172.101(b)(1): (1) The symbol ``A'' identifies a material that is
subject to the requirements of the HMR only when offered or intended
for transportation by aircraft; (2) the symbol ``W'' identifies a
material that is subject to the requirements of the HMR only when
offered or intended for transportation by vessel; and (3) the symbol
``I'' identifies proper shipping names which are appropriate for
describing materials in international transportation. The UN Model
Regulations were amended for consistency with the ICAO Technical
Instructions to indicate that in addition to being regulated by vessel,
the following entries are also regulated for air transport: ``UN1372,
Fibers, animal or Fibers, vegetable burnt, wet or damp,'' ``UN1387,
Wool waste, wet,'' ``UN1856, Rags, oily,'' ``UN1857, Textile waste,
wet,'' and ``UN3360, Fibers, vegetable, dry.'' In the case of these
particular entries, they are forbidden for air transport in the ICAO
Technical Instructions. While reviewing this amendment, PHMSA found
that all of these entries except for ``UN3360, Fibers, vegetable,
dry,'' are also identified as only being regulated for air and vessel
transportation as denoted by the symbols ``A'' and ``W'' in column (1).
For UN3360, the symbols ``I'' and ``W'' are presently assigned in
column (1) and the quantity limit in column (9) is ``No Limit'' for
both passenger and cargo air. This is inconsistent with the ICAO
Technical Instructions which forbid this material for transport by air.
Therefore, consistent with the ICAO Technical Instructions for the
UN3360 entry, PHMSA proposes to add the symbol ``A'' to column (1) and
amend column (9) to read ``Forbidden.'' This is further consistent with
the entries for similar materials ``UN1372, Fibers, animal or Fibers,
vegetable'' and ``UN1373, Fibers or Fabrics, animal or vegetable or
Synthetic, n.o.s.'' that are also assigned the symbol ``A'' in column
(1) and ``Forbidden'' in column (9). PHMSA expects that this change
will facilitate international air transportation and save shippers time
and costs by preventing delayed and rejected shipments.
Column (2) Hazardous Materials Descriptions and Proper Shipping Names
Section 172.101(c) describes column (2) of the HMT and the
requirements for hazardous materials descriptions and proper shipping
names. The UN Model Regulations contain the entry ``UN3363, Dangerous
Goods in Articles or Dangerous Goods in Machinery or Dangerous Goods in
Apparatus,'' in its Dangerous Goods List; however, the HMT entry UN3363
does not include ``Dangerous Goods in Articles or,'' in the proper
shipping name. PHMSA proposes to add ``Dangerous Goods in Articles
or,'' to the proper shipping name. This change provides flexibility for
shippers selecting the most appropriate proper shipping name by adding
a third option in the proper shipping name associated with this UN
Number. Additionally, for the proper shipping name ``Fuel system
components (including fuel control units (FCU), carburetors, fuel
lines, fuel pumps)'' which currently directs HMT users to ``see
Dangerous Goods in Apparatus or Dangerous Goods in Machinery'', PHMSA
proposes to amend the directions to include a reference to ``Dangerous
Goods in Articles.'' PHMSA expects that these changes will improve
hazard communication by including a more specific description for
articles containing hazardous materials.
Additionally, for the entry ``UN2522, 2-Dimethylaminoethyl
methacrylate,'' PHMSA proposes to add the word ``stabilized'' to this
proper shipping name to identify this material as a polymerizing
substance. Discussions held by the UNSCOE identified ``UN2522, 2-
Dimethylaminoethyl-methacrylate'' as having a similar molecular
structure and polymerization behaviors to ``UN 3302, 2-
Dimethylaminoethyl acrylate, stabilized.'' Under the HMR and
international regulations, polymerizing substances require verification
that a sufficient level of stabilization is provided prior to
transportation. This requirement for stabilization is also indicated by
assignment of Special Provision 387 in the HMT, which PHMSA proposes to
add for UN2522.
Finally, for the entry ``UN3171, Battery-powered vehicle or
Battery-powered equipment,'' PHMSA proposes to make an editorial change
to italicize the ``or'' in the hazardous material description.
Currently, the ``or'' is in roman type and not italicized. Section
172.101(c) introductory text instructs that proper shipping names are
limited to those in roman type. Moreover, the current form of the entry
is such that a person may confuse the proper shipping name with the
whole description and not the option of ``Battery-powered vehicle'' or
``Battery-powered equipment.'' Therefore, PHMSA proposes revising the
entry to read ``Battery-powered vehicle or Battery-powered equipment.''
Column (5) Packing Group
Section 172.101(f) describes column (5) of the HMT, which specifies
one or more packing groups (PG I, II or III), assigned to certain
materials. A PG indicates the required level of packaging according to
the degree of danger presented by hazardous materials. PG I indicates
the greatest level of danger, PG II corresponds to a medium level of
danger, and PG III corresponds to a minor danger.
For consistency with the UN Model Regulations, PHMSA proposes to
remove the assignment of PG II as indicated in column (5) for the entry
``UN3291, Regulated medical waste, n.o.s. or Clinical waste,
unspecified, n.o.s. or (BIO) Medical waste, n.o.s. or Biomedical waste,
n.o.s., or Medical Waste n.o.s.'' This entry is the only entry with a
Division 6.2 classification that has PG II assigned in column (5).
Amending this entry not to include PG II would align with international
regulations and Sec. 172.101(f), which specifically states that
Division 6.2 materials are not assigned packing
[[Page 43854]]
groups in the HMR. For packing purposes, any requirement for a specific
packaging performance level is set out in the applicable packing
authorizations of part 173. Instead of having PG II indicated in Column
(5), packing provisions for these materials would continue to be
outlined in Sec. 173.197. PHMSA expects this editorial change will
maintain the current level of safety as no packing provisions are
changing.
Column (6) Label Codes
Section 172.101(g) describes column (6) of the HMT, which contains
label codes representing the hazard warning labels required for
specific hazardous materials in the HMT. In the HM-215O final rule,\15\
PHMSA added twelve HMT entries as part of a classification scheme for
articles containing hazardous materials not otherwise specified by name
(i.e., n.o.s. entries) in the HMR. The entries were inadvertently added
without label codes in column (6). PHMSA proposes to correct the
entries here by adding the appropriate label codes to the following:
---------------------------------------------------------------------------
\15\ 85 FR 27810 (May 11, 2020).
<bullet> UN3537 Articles containing flammable gas, n.o.s.
<bullet> UN3538 Articles containing non-flammable, non-toxic gas,
n.o.s.
<bullet> UN3539 Articles containing toxic gas, n.o.s.
<bullet> UN3540 Articles containing flammable liquid, n.o.s.
<bullet> UN3541 Articles containing flammable solid, n.o.s.
<bullet> UN3542 Articles containing a substance liable to spontaneous
combustion, n.o.s.
<bullet> UN3543 Articles containing a substance which in contact with
water emits flammable gases, n.o.s.
<bullet> UN3544 Articles containing oxidizing substance, n.o.s.
<bullet> UN3545 Articles containing organic peroxide, n.o.s.
<bullet> UN3546 Articles containing toxic substance, n.o.s.
<bullet> UN3547 Articles containing corrosive substance, n.o.s.
<bullet> UN3548 Articles containing miscellaneous dangerous goods,
n.o.s.
Column (7) Special Provisions
Section 172.101(h) describes column (7) of the HMT, which assigns
special provisions for each HMT entry. Section 172.102 provides for the
meaning and requirements of the special provisions assigned to entries
in the HMT. The proposed revisions to column (7) of certain entries in
the HMT are discussed below. Also, see Sec. 172.102 of the Section-By-
Section Review below for a detailed discussion of the special provision
amendments addressed in this NPRM.
Special Provision 196:
PHMSA proposes to add new Special Provision 196 to the following
HMT entries to outline thermal stability testing requirements for their
transportation:
<bullet> UN0340, Nitrocellulose, dry or wetted with less than 25
percent water (or alcohol), by mass
<bullet> UN0341, Nitrocellulose, unmodified or plasticized with less
than 18 percent plasticizing substance, by mass
<bullet> UN0342, Nitrocellulose, wetted with not less than 25 percent
alcohol, by mass
<bullet> UN0343, Nitrocellulose, plasticized with not less than 18
percent plasticizing substance, by mass.
Special Provision 197
PHMSA proposes to assign new Special Provision 197 to the following
entries in the HMT to outline thermal stability testing requirements
for their transportation:
<bullet> UN2555, Nitrocellulose with water with not less than 25
percent water, by mass
<bullet> UN2556, Nitrocellulose with alcohol with not less than 25
percent alcohol by mass, and with not more than 12.6 percent nitrogen,
by dry mass
<bullet> UN2557, Nitrocellulose, with not more than 12.6 percent
nitrogen, by dry mass mixture with or without plasticizer, with or
without pigment UN3380, Desensitized explosives, solid, n.o.s.
Special Provision 360
PHMSA proposes to assign Special Provision 360 to the following HMT
entries:
<bullet> UN3481, Lithium ion batteries, contained in equipment or
packed with equipment including lithium ion polymer batteries
<bullet> UN3091, Lithium metal batteries, contained in equipment or
packed with equipment including lithium alloy batteries
Special Provision 360 instructs that vehicles only powered by
lithium batteries must be assigned the identification number UN3171.
See Section 172.102 Special Provisions for further discussion of
Special Provision 360.
Special Provision 387
PHMSA proposes to assign Special Provision 387 to the HMT entry for
``UN2522, 2-Dimethylaminoethyl methacrylate.'' Special Provision 387
provides additional instructions for hazardous materials stabilized by
chemical or temperature controls to ensure a level of stabilization
prior to transportation sufficient to prevent the material from
dangerous polymerization. The rationale for this change is discussed
further below.
Portable Tank Special Provisions
PHMSA proposes to remove Special Provisions TP39 and T41 for the
entries ``UN2381, Dimethyl disulfide'' and ``UN3148, Water-reactive
liquid, n.o.s.'' respectively, as the transition period has expired. In
HM-215L,\16\ PHMSA added Special Provisions TP39 and TP41. Special
Provision TP39 was assigned to HMT entry UN2381 and Special Provision
TP41 was assigned to HMT entry UN3148. PHMSA added these two special
provisions to provide more time for portable tank transporters to
transition their fleets in compliance with portable-tank specific
requirements in Special Provisions T4 and T9. Special Provision TP39
authorized continued use of portable tank requirements in Special
Provision T4 until December 31, 2018. Special Provision TP41 authorized
the continued use of portable tank instruction T9 until December 31,
2018. Since that date has passed, TP39 and TP41 are no longer
necessary.
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\16\ 78 FR 987; (Jan. 1, 2013).
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Column (9) Quantity Limitations
Section 172.101(j) explains the purpose of column (9) in the HMT.
Column (9) specifies quantity limitations for packages transported by
air and rail. Column (9) is divided into two columns: Column (9A)
provides quantity limits for passenger aircraft/rail; and column (9B)
provides quantity limits for cargo aircraft. The proposed revisions
only address transportation by aircraft, as the UN Model Regulations
did not contemplate any changes to the limitations for transport via
rail.
The ICAO Technical Instructions have added provisions allowing
``UN2216, Fish meal, stabilized or Fish scrap, stabilized'' to be
transported by aircraft when also meeting the provisions of ICAO
Special Provision A219. Consistent with the ICAO Technical
Instructions, PHMSA proposes to amend Column 9 for this entry to
indicate quantity limits for passenger and cargo aircraft of 100 kg and
200 kg, respectively.
As a conforming amendment, PHMSA is also proposing to revise the
Sec. 173.218 packaging requirements for fish meal and fish scrap to
reflect the authorization to transport this material by aircraft in
addition to vessel. See
[[Page 43855]]
SECTION 173.218 of the Section-By-Section Review for further detail.
Column (10) Vessel Stowage
Section 172.101(k) explains the purpose of Column (10) of the HMT
and prescribes the vessel stowage and segregation requirements for
specific entries. Column (10) is divided into two columns: Column (10A)
[Vessel stowage] specifies the authorized stowage locations on board
cargo and passenger vessels; and Column (10B) [Other provisions]
specifies special stowage and segregation provisions.
In Column (10A) for the entry for ``UN3135, Water-reactive solid,
self-heating, n.o.s, PG I,'' consistent with the IMDG Code, PHMSA
proposes to amend the assigned stowage category from ``E'' to ``D.''
This proposed change means the material must be stowed ``on deck only''
on a cargo vessel or on a passenger vessel carrying a number of
passengers limited to the greater of 25 passengers total or one
passenger for each 3 meters of overall vessel length; transport would
be prohibited on a passenger vessel in which those passenger limits
have been exceeded. Stowage category ``E'' is currently assigned to
this material which allows ``under deck'' storage. This proposed change
is consistent with the stowage category for other Division 4.3, PG I,
materials with subsidiary hazards that are also assigned stowage
category ``D'' for ``on deck only'' stowage. The IMDG Code removed
approval requirements (Special Provision 76) from this material and the
assignment of appropriate transport provisions.
For the ``UN2900, Infectious substances, affecting animals only''
and ``UN2814, Infectious substances, affecting humans,'' PHMSA proposes
to amend the assigned stowage category from ``B'' to ``E.'' This
proposed change would allow ``on deck'' or ``under deck'' stowage, but
would not allow stowage onboard when the number of passengers exceeds
25. This proposed change aligns with the IMDG Code assignment of this
stowage category to these materials and is not expected to materially
change the nature of authorized transport options for these materials.
Additionally, consistent with changes to the IMDG Code, PHMSA
proposes numerous changes to the special stowage and segregation
provisions indicated in column (10B) of the HMT, labeled ``other
provisions.'' PHMSA proposes to assign stowage code 52, which requires
stowage ``separated from'' acids, to several entries in the HMT that
are in a group of chemicals called alcoholates. Segregation from acids
is currently not required by the HMR for these materials. However,
alcoholates are strong alkaline substances that react vigorously with
acids. Stowage code 52 would be assigned to the following HMT entries:
<bullet> UN1289, Sodium methylate solutions in alcohol
<bullet> UN1431, Sodium methylate
<bullet> UN3206, Alkali metal alcoholates, self-heating, corrosive,
n.o.s.
<bullet> UN3274, Alcoholates solution, n.o.s., in alcohol
For the entries ``UN2900, Infectious substances, affecting animals
only'' and ``UN2814, Infectious substances, affecting humans,'' PHMSA
proposes adding stowage codes 13 and 95 and new stowage code 155.
Stowage codes 13 and 95 require keeping material as dry as reasonably
practicable and stowage ``separated from'' foodstuffs. The IMDG Code
has varying levels of stowage either ``away from'' or ``separated
from'' foodstuffs depending on the type of shipment (e.g.,
containerized or break-bulk). PHMSA proposes the more restrictive
``separated from,'' regardless of the type of shipment, and
specifically solicits comments on this proposal. The stowage of these
materials separated from foodstuffs is expected to prevent inadvertent
cross contamination of food stuffs. New stowage code 155 requires
vessel carriers to keep handling of the packages to a minimum and to
inform the appropriate authority or veterinary authority where persons
or animals may have been exposed to the package contents. Additionally,
this handling restriction and communication requirement may facilitate
reducing exposure and contract tracing surrounding UN2814 packages that
contain COVID-19 materials. With the exception of the general
``separated from'' proposed language, these proposals are consistent
with IMDG Code requirements.
Additionally, for the PG II and III entries of ``UN3129, Water-
reactive liquid, corrosive, n.o.s,'' ``UN3132, Water-reactive solid,
flammable, n.o.s,'' and ``UN3135, Water-reactive solid, self-heating,
n.o.s,'' which are all water reactive Division 4.3 materials, PHMSA
proposes adding stowage code 85 to column (10B). Stowage code 85
requires ``under deck'' stowage in mechanically ventilated spaces. This
proposal is intended to ensure that if the cargo is stowed under deck,
adequate mechanical ventilation is provided. Mechanical ventilation is
important to ensure any potential dangerous gases or vapors released
are expelled from the cargo hold and not allowed to build up below
deck.
PHMSA proposes adding stowage code 156 to the lithium battery
entries ``UN3090, Lithium metal batteries,'' ``UN3091, Lithium metal
batteries contained in equipment, or Lithium metal batteries packed
with equipment,'' ``UN3480, Lithium ion batteries,'' and ``UN3481,
Lithium ion batteries contained in equipment or Lithium ion batteries
packed with equipment'' in the HMT in column (10B). This new stowage
code assignment requires that, in lieu of the stowage category A
assigned in column (10A) in the current HMR which allows stowage ``on
deck'' or ``under deck,'' lithium batteries that are offered in
transportation for purposes of disposal or recycling, or that are
offered under damaged or defective provisions (see Sec. 173.185(f) of
the HMR), would be required to be stowed in accordance with stowage
category C which requires ``on deck only'' stowage on cargo and
passenger vessels. PHMSA expects that this new stowage code will
enhance the safety of shipment of lithium batteries expected from
anticipated increases in use of lithium batteries in the transportation
and other economic sectors in the years ahead.
PHMSA proposes adding stowage code 157 to column (10B) for numerous
entries in the HMT. Stowage code 157 would require aerosols, small
receptacles containing gas, or gas cartridges transported for purposes
of recycling or disposal, to be stowed in accordance with stowage
category C, which requires ``on deck only'' stowage, and to be clear of
living quarters. This stowage code requirement is in lieu of the
stowage category A assigned in column (10A) in the current HMR allowing
``on deck'' or ``under deck'' stowage. PHMSA proposes to add new
stowage code 157 to the following entries in the HMT:
<bullet> UN1950, Aerosols, corrosive, Packing Group II or III, (each
not exceeding 1 L capacity)
<bullet> UN1950, Aerosols, flammable, (each not exceeding 1 L capacity)
<bullet> UN1950, Aerosols, flammable, n.o.s. (engine starting fluid)
(each not exceeding 1 L capacity)
<bullet> UN1950, Aerosols, non-flammable, (each not exceeding 1 L
capacity)
<bullet> UN1950, Aerosols, poison, Packing Group III (each not
exceeding 1 L capacity)
<bullet> UN2037, Gas cartridges, (flammable) without a release device,
non-refillable
<bullet> UN2037, Receptacles, small, containing gas or gas cartridges
(flammable) without release device, not refillable and not exceeding 1
L capacity
[[Page 43856]]
<bullet> UN2037, Receptacles, small, containing gas or gas cartridges
(non-flammable) without release device, not refillable and not
exceeding 1 L capacity
<bullet> UN2037, Receptacles, small, containing gas or gas cartridges
(oxidizing), without release device, not refillable and not exceeding 1
L capacity
Section 172.102 Special Provisions
Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain various provisions including packaging requirements,
prohibitions, and exceptions applicable to particular quantities or
forms of hazardous materials. PHMSA proposes the following revisions to
the special provisions in this section:
Special Provision 47
Special Provision 47 allows mixtures of solids that are not subject
to the HMR and Class 3 flammable liquids to be transported as flammable
solid material described as ``UN3175, Solids containing flammable
liquid, n.o.s., 4.1,'' without applying the Division 4.1 classification
criteria. This classification is permitted provided that there is no
free liquid visible at the time the material is loaded or at the time
the packaging is closed. In addition to providing classification
testing relief for these items, this special provision provides further
relief from the HMR for packets and articles, generally referred to as
small inner packagings, if they contain less than 10 mL of a Class 3
liquid (in Packing Group II or III) and if the liquid is absorbed
(i.e., no free liquid in the packet or article) onto a solid material.
This special provision is widely used for articles such as alcohol
wipes, and due to the ongoing COVID-19 public health emergency, these
items are being transported in increasing numbers to meet demand. While
many of these wipes, depending how they are packed, meet the conditions
of this special provision and qualify for exception from regulation,
confusion around the wording of the packaging conditions to qualify for
the exception has led to an editorial amendment in the ICAO Technical
Instructions.
On December 31, 2020, in an addendum to the 2021-2022 edition of
the ICAO Technical Instructions, Special Provision A46 was amended to
remove a reference to ``small inner packaging'' related to the sealed
packets and articles. Prior to this amendment, and as currently
provided in the HMR in Special Provision 47, it reads that to be
excepted from the HMR, ``small inner packagings consisting of sealed
packets and articles containing less than 10 mL of a Class 3 liquid in
Packing Group II or III absorbed onto a solid material are not subject
to this subchapter provided there is no free liquid in the packet or
article.'' The phrasing is ambiguous enough that shippers may
misinterpret the language as instructing them to pack small inner
packagings with the sealed packets or articles. Instead, the intent of
``small inner packagings'' was to describe sealed packets and articles.
The amendment to Special Provision A46 in the ICAO Technical
Instructions is consistent with other provisions in the ICAO Technical
Instructions; for example, Special Provision A158 clearly states that
sealed packets and articles containing less than 10 mL of an
environmentally hazardous liquid are not subject to the requirements
when certain conditions are met. PHMSA agrees with the amendment made
in the ICAO Technical Instructions removing the reference to ``small
inner packagings'' to avoid confusion and proposes to make the same
revision in Special Provision 47 to clarify the exception within the
HMR. PHMSA expects this clarification of its regulations will
facilitate the transport of hygienic products intended to prevent the
spread of COVID-19.
Special Provision 134
Special Provision 134 provides instruction on the use of the HMT
entry ``UN3171, Battery-powered vehicle or Battery-powered equipment,''
stipulating that it applies only to vehicles or equipment powered by
wet batteries, sodium batteries, lithium metal batteries, or lithium
ion batteries that are transported with these batteries installed.
PHMSA proposes to amend language in Special Provision 134 to clarify
its use in connection with lithium batteries installed in cargo
transport units. Under the proposed amendment, these items would be
described by a separate entry in the HMT, specifically, ``UN3536,
Lithium batteries installed in cargo transport unit'' for which there
are unique transportation requirements that do not apply to transport
of battery-powered vehicles or equipment. PHMSA is also amending the
language in this special provision to replace the phrase ``consigned
under'' with the phrase ``described using'' to provide a more easily-
accessible, plain language understanding of the requirement.
Special Provision 135
Special Provision 135 provides instruction for selecting the
appropriate proper shipping name for vehicles with internal combustion
engines powered by various fuel sources, such as a flammable gas,
flammable liquid, or fuel cell. PHMSA proposes to amend Special
Provision 135 to specify that lithium batteries installed in cargo
transport units (UN3536), which are designed only to provide power
external to the transport unit, may not be classified as an internal
combustion engine installed in a vehicle. PHMSA expects that adding
this clarifying language will avoid misclassifying lithium batteries in
cargo transport units. Additionally, consistent with changes to Special
Provision 134, PHMSA proposes to amend the language in this special
provision to replace the phrase ``consigned under'' with the phrase
``described using'' to the entries to provide consistency across
similar provisions and improve understanding of the requirement.
Special Provision 136
Special Provision 136 provides instructions regarding the use of
the HMT entry ``UN3363, Dangerous Goods in Apparatus or Dangerous Goods
in Machinery'' and indicates that this UN number and the associated
proper shipping names are only applicable to machinery and apparatus
containing hazardous materials as an integral element of the machinery
or apparatus. In light of the proposed addition of ``Dangerous Goods in
Articles'' to the list of acceptable proper shipping names for UN3363
(see Sec. 172.101 of the Section-By-Section Review), PHMSA proposes to
revise this special provision to add the words ``articles'' where
machinery and apparatus are mentioned. PHMSA expects this proposed
change to improve consistency across HMR provisions where UN3363 is
discussed.
Special Provision 147
Special Provision 147, assigned to UN3375, provides instruction on
the description and classification criteria for non-sensitized
emulsions, suspensions, and gels consisting mostly of ammonium nitrate
and fuel, intended to produce a Type E blasting explosive only after
further processing prior to use, which are transported as ``UN3375,
Ammonium nitrate emulsion or Ammonium nitrate suspension or Ammonium
nitrate gel, intermediate for blasting explosives.'' Currently, the HMR
requires applicants to pass Test Series 8(a), (b), and (c) of the UN
Manual of Tests and Criteria, when requesting an approval for
transportation under UN3375. However, PHMSA proposes to revise the last
[[Page 43857]]
sentence of Special Provision 147 by removing the specific requirement
to pass Tests 8(a), (b), and (c), so that it can be met by passing any
test in Test Series 8 of the UN Manual of Tests and Criteria. Modifying
Special Provision 147 as proposed would align with the equivalent
special provision in the UN Model Regulations (SP 309) which was
amended similarly. PHMSA proposes this change to reflect and allow for
the inclusion of an additional test in the Test Series 8 provided in
the UN Manual of Tests and Criteria. In the 7th revised edition UN
Manual of Tests and Criteria Test Series 8 was expanded to include Test
8(e) as an alternative to 8(c). This change in testing was the result
of technical discussions and amendment proposals held during UNSCOE
meetings. At the 47th session of the United Nations Sub-Committee of
Experts on the Transport of Dangerous Goods, the EWG concluded that the
UN Test 8(c) was unsuitable for ammonium nitrate emulsions (ANEs) due
to a flaw in the method which could lead to a false positive under
certain conditions.\17\
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\17\ <a href="https://unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/UN-SCETDG-53-INF22e.pdf">https://unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/UN-SCETDG-53-INF22e.pdf</a>.
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PHMSA expects that removing this requirement to specifically pass
the 8(c) test will mitigate the risk of receiving a false positive
result and consequently inaccurate classification. It would also allow
shippers the ability to perform additional classification testing as
provided in the seventh revised edition of the UN Manual Test Criteria.
Special Provisions 196 and 197
PHMSA proposes to add Special Provisions 196 and 197 pertaining to
transportation of nitrocellulose. These new special provisions would
require that manufacturers of nitrocellulose products ensure that these
Class 1 and Class 4 materials employ certain tests verifying that the
materials meet specific stability requirements to avoid the danger of
self-ignition. Those test methods determine whether a material is
stable when subjected to elevated temperatures in transportation, which
is critical to the safe transportation of materials such a
nitrocellulose. Special Provision 196 applies to nitrocellulose of
Class 1 (explosive) nitrocellulose materials (UN0340, UN0341, UN0342,
and UN0343), and specifically excepts those materials from Type 3(c)
thermal stability testing. Special Provision 197 is assigned to
nitrocellulose materials in Class 4 (UN2555, UN2556, UN2557, and
UN3380).
Special Provision 360
Special Provision 360 provides instruction to aid in proper
identification of a battery-powered vehicle that contains lithium
batteries. Currently, Special Provision 360 states that vehicles
powered solely by lithium batteries must be identified as ``UN3171,
Battery-powered vehicle or Battery-powered equipment.'' In HM-215O,
PHMSA added a new UN entry, ``UN3536, Lithium batteries installed in
cargo transport unit lithium ion batteries or lithium metal
batteries.'' PHMSA proposes to revise Special Provision 360 to better
distinguish between the various types of equipment with lithium
batteries. The revised language would specify that lithium batteries
that are installed in cargo transport units which are designed only to
provide power external to the transport unit must be transported as
``UN3536, Lithium batteries installed in a cargo transport unit lithium
ion batteries or lithium metal batteries,'' making them subject to
packaging provisions and exceptions outlined in Special Provision 389.
The intent of this language is to clarify further that these batteries
should not be described and transported as ``UN3091, Lithium metal
batteries, contained in equipment including lithium alloy batteries''
or ``UN3481, Lithium ion batteries, contained in equipment including
lithium ion polymer batteries.''
Furthermore, Special Provision 360 was originally assigned to the
HMT entry ``UN3091, Lithium batteries, contained in equipment,''
however, in final rule HM-224F,\18\ PHMSA adopted separate entries
based on the lithium battery chemistry, i.e., ``UN3091, Lithium metal
batteries, contained in equipment including lithium alloy batteries''
or ``UN3481, Lithium ion batteries, contained in equipment including
lithium ion polymer batteries.'' In doing so, PHMSA inadvertently did
not make a conforming revision to assign Special Provision 360 to these
separate descriptions in the HMT. Consistent with the proposed
revisions to Special Provision 360 to clarify appropriate use of
descriptions for lithium battery equipment, PHMSA proposes to assign
this special provision to the two lithium battery descriptions for
contained in equipment and packed with equipment. Finally, PHMSA is
also revising the text ``assigned to'' to read ``described using'' to
improve understanding of the special provision instruction.
---------------------------------------------------------------------------
\18\ 79 FR 46012 (Aug. 16, 2014).
---------------------------------------------------------------------------
Special Provision 370
Special Provision 370 is currently assigned to ``UN0222, Ammonium
nitrate, with more than 0.2 percent combustible substances, including
any organic substance calculated as carbon, to the exclusion of any
other added substance.'' The entry UN0222 (1.1D) is intended for
certain ammonium nitrates that are not a commercially manufactured
product and this entry is typically used to identify contaminated
ammonium nitrate or ammonium nitrate fertilizers that give a positive
result when tested in accordance with Test Series 2 of the UN Manual of
Tests and Criteria. However, Special Provision 370 currently states
that a hazardous material may also be classified as UN0222 even if it
has more that 0.2 percent combustible substances. PHMSA proposes to
amend special provision 370 to better clarify when the entry for UN0222
may be applied. Clarifying this classification instruction is necessary
to ensure that more readily transported materials, such as ammonium
nitrate mixed with fuel oil (ANFO), are not improperly transported as
UN0222, which should be reserved for special non-commercial purposes.
Given that inappropriately classified items pose an inherent safety
risk to emergency responders, PHMSA proposes to revise Special
Provision 370 to provide clarifying language to ensure that certain
ammonium nitrate materials (such as ANFO) are not described and
classified as ``UN0222, Ammonium nitrate.'' Specifically, the amendment
to this special provision stipulates that this UN entry should not be
used when other applicable proper shipping names exist.
Special Provision 379
Special Provision 379 provides conditions for exception from full
regulation under the HMR for anhydrous ammonia adsorbed or absorbed on
a solid contained in ammonia dispensing systems or receptacles intended
to form part of such systems. Among these conditions, Special Provision
379 requires that receptacles containing adsorbed or absorbed ammonia
must be made of a material compatible with ammonia as specified in ISO
11114-1:2012(E), ``Gas cylinders--Compatibility of cylinder and valve
materials with gas contents--Part 1: Metallic materials.'' PHMSA
proposes to revise language in Special Provision 379 to add a reference
to an amendment to ISO standard 11114-1:2012(E), specifically, ISO
11114-1:2012/Amd 1:2017(E) and correct the unintentional omission of
the (E) to
[[Page 43858]]
indicate the English language edition. As part of ISO's regular five-
year review of its standards, the 2012 version of this document was
amended through the issuance of document ISO 11114-1:2012/Amd
1:2017(E). The amended ISO standard provides more explicit instructions
on the permissible concentrations of gases containing halogens in
aluminum cylinders. It also provides amended requirements for butylene,
hydrogen cyanide, hydrogen sulfide, and nitric oxide. Consequently, the
21st revised edition of the UN Model Regulations updated all references
to the 2012 edition to include a reference to the amendment (ISO 11114-
1:2012/Amd 1:2017(E)). PHMSA proposes similar conforming revisions. See
SECTION 171.7 Section-by-Section discussion. Therefore, PHMSA also
proposes to revise this special provision. In the course of its review
of the 2017 amendment for ISO standard 11114, PHMSA determined that it
enhances safety of transport and therefore, is appropriate for
inclusion as an updated condition for transport of ammonia dispensing
systems or receptacles intended to form part of such systems.
Special Provision 430
PHMSA proposes to add Special Provision 430 and assign it to the
new HMT entry ``UN3549, Medical Waste, Category A, Affecting Humans,
solid or Medical Waste, Category A, Affecting Animals only, solid''
discussed above. As with other special provisions that provide
instruction pertaining to appropriate use of proper shipping names,
PHMSA proposes to add Special Provision 430 to stipulate that only
solid medical waste of Category A, which is being transported for
disposal, may be described using this entry. The intent of this added
language is to simplify the regulations and ensure proper
classification of medical wastes to ensure safe transportation.
Special Provision 441
The UN Model Regulations and the IMDG Code contain an exception in
their Special Provision 274 pertaining to ``UN3077, Environmentally
hazardous substance, solid, n.o.s.'' and ``UN3082, Environmentally
hazardous substance, liquid, n.o.s.'' Special Provision 274 requires a
proper shipping name to be supplemented with a technical name, in the
same manner as the letter ``G'' is assigned in the HMT. When a ``G'' is
listed in Column (1) of the HMT in association with a particular entry,
the proper shipping name must be supplemented with a technical name.
For context, in both the UN Model Regulations and the HMT, when generic
proper shipping names (e.g., n.o.s. proper shipping names) are used, a
technical name must be provided as part of the basic description to
provide additional information for hazard communication related to the
material being shipped. For example, the HMT entry ``UN1760, Corrosive
liquid, n.o.s.,'' provides a generic description of a corrosive liquid
and, therefore, marking and shipping papers requirements necessitate a
technical name pertaining to the corrosive liquid (e.g., octanoyl
chloride).
The new exception in Special Provision 274 modifies the requirement
to supplement the proper shipping name with a technical name. The
revision, which is specifically for materials shipping under UN3077 or
UN3082, allows the use of a proper shipping name found on the Dangerous
Goods List (the IMDG Code and UN Model Regulations' equivalent of the
HMT) to be used in place of a technical name, provided that it does
not: (1) Include ``n.o.s.'' as part of the proper shipping name and;
(2) is not an entry assigned Special Provision 274. In practice, this
means that items, such as paint, that might be shipped as ``UN3082,
Environmentally hazardous substance n.o.s.,'' are no longer required to
include a supplemental technical name, and instead are permitted to
include the more readily-recognizable name of the commodity (paint) on
markings and shipping papers. For common commodities such as paint with
various chemical components, emergency responders rely less on
determining the specific chemical for performance of emergency response
and respond to the known hazards of the commodity. PHMSA expects
streamlining the hazardous material description requirements in this
manner will help facilitate appropriate emergency response without a
reduction in safety.
While the UN Model regulations broadly provided this relief for
UN3077 and UN3082, environmentally hazardous materials classified under
these UN numbers are applicable to a narrower scope of materials under
the IMDG Code. Under the IMDG Code, ``environmentally hazardous
substances'' are those that are pollutants specifically for aquatic
environments (which is equivalent to marine pollutants under the HMR)
whereas the UN model regulations are broadly applicable to aquatic and
other environments.
PHMSA proposes to mirror expansion by the UN Model Regulations and
IMDG Code's Special Provision 274 of acceptable technical names for
marine pollutants transported under UN3077 and UN3082 by adding a new
Special Provision 441 to the HMR. This special provision would provide
the same shipping description flexibility specifically for marine
pollutants by removing the requirement to supplement the proper
shipping name associated with UN3077 and UN3082 with a technical name.
PHMSA also proposes modifying Sec. Sec. 172.203(l) and 172.322 to
maintain alignment with the IMDG Code with regard to the documentation
and marking requirements when marine pollutant components are present
in hazardous materials. In addition to providing logistical benefits
for shippers, PHMSA expects that the use of readily recognizable common
commodity names instead of technical names will facilitate emergency
response by making the hazardous material more quickly and easily
identifiable. See Sec. Sec. 172.203(l) and 172.322 of the Section-By-
Section Review for additional discussions on proposals related to this
amendment.
Special Provisions TP39 and TP 41
PHMSA proposes to remove portable tank special provisions TP39 and
TP 41. The sunset provisions in special provisions TP39 and TP41
allowing use of other portable tank special provisions expired on
December 31, 2018, and thus, PHMSA proposes removing them from the HMR
to prevent the use of these expired provisions. See Sec. 172.101 of
the Section-By-Section Review for further detail of the deletion of
these portable tank special provisions from the HMR.
Section 172.203
Section 172.203 prescribes additional description requirements for
shipping papers. PHMSA proposes to revise paragraphs (i)(2) and (l)(1),
and add new paragraphs (i)(4) and (q). Each proposed change is further
described below, along with PHMSA's rationale for proposing the
changes.
In paragraph (i), which provides requirements specific to vessel
transportation, PHMSA proposes to clarify that the documentation of the
flashpoint on shipping papers, as required in paragraph (i)(2), is only
required for liquid hazardous materials that have a primary or
subsidiary hazard of Class 3 and a flashpoint of 60[deg]C or below (in
[deg]C closed-cup (c.c.)). This change aims to prevent the shipping
delays resulting from confusion on how this documentation requirement
applied to items for which flashpoint is not an appropriate
classification criterion (e.g., aerosols and flammable solids).
[[Page 43859]]
Furthermore, limiting the flashpoint information to a narrower subset
of hazardous materials ensures identifying information of the materials
in transport better aligns with the material properties of those
materials because flashpoint is a safety-relevant criterion only for
dangerous goods that are liquids with a main or subsidiary hazard of
Class 3. PHMSA does not expect any reduction in safety as a result of
this editorial change given that this change ensures that information
regarding the flashpoint is only provided for items in which flashpoint
is a safety-relevant criterion; avoidance of the delays in
transportation experienced in the past also reduces the risks
associated with that transportation.
PHMSA also proposes adding a new paragraph (i)(4), that would
require shipments of lithium batteries that are offered into
transportation for purposes of disposal or recycling, or offered under
the damaged or defective provisions in Sec. 173.185(f), to indicate on
shipping papers one of the following disclaimers, as appropriate:
``DAMAGED/DEFECTIVE,'' ``LITHIUM BATTERIES FOR DISPOSAL,'' or ``LITHIUM
BATTERIES FOR RECYCLING.'' This proposed change is consistent with
changes adopted in the IMDG Code, and associated with an additional
proposed revision to Sec. 176.84 of the HMR to require lithium
batteries that are damaged or defective, or those that are being
transported for disposal or recycling, to be stowed in accordance with
stowage category C requirements authorizing ``on deck only'' stowage
instead of the currently-authorized ``on deck'' or ``under deck''
options. This additional shipping paper requirement would help
communicate information about the batteries to individuals making
stowage plans for the vessel, provide a mechanism for ensuring the ``on
deck'' stowage of these materials, and allow for more easily
identifiable and effective response actions in the event of a fire
involving lithium batteries onboard a vessel. PHMSA expects that these
revised shipping requirements will contribute to the safe
transportation of increased volumes of damaged/defective/exhausted
lithium batteries anticipated as a result of the increased use of
lithium batteries in the transportation and other economic sectors. For
additional information on this stowage requirement, see Section 176.84
of the Section-By-Section Review.
In paragraph (l)(1), PHMSA proposes to revise the scope of
hazardous materials for which a specific marine polluting component
must be identified in association with the basic description (i.e., the
combination of the UN number, proper shipping name, hazard class, and
packing group) on a shipping paper. Currently, Sec. 172.203(l)
specifies that, when the proper shipping name for a hazardous material
which is a marine pollutant does not identify the component that makes
the hazardous material a marine pollutant, the name of the marine
pollutant constituent must appear in parentheses within the basic
description. PHMSA proposes to revise paragraph (l)(1) to limit the
scope of this requirement to make it applicable only to generic HMT
entries (as indicated by the G in Column 1 on the HMT) as well as those
that have ``n.o.s.'' as part of the proper shipping name. The intent of
this proposed amendment is to extend the documentation and marking
flexibility provided by Special Provision 441 (which currently applies
only to environmentally hazardous substances (UN3077 and UN 3082)) and
to other hazardous materials that may contain components(s) that are
marine pollutants. For example, under the current HMR, if ``UN1263,
Paint'' contains marine pollutants, the basic description required on
shipping papers and markings would have to include the specific marine
polluting component(s) that are present in the paint, in addition to
the words ``marine pollutant'' (e.g., ``UN1263, Paint, 3 (propyl
acetate, di-n-butyltin di-2-ethylhexanoate) MARINE POLLUTANT''). But
under this proposed amendment, the basic description for ``UN1263,
Paint'' would no longer require the addition of the ``marine
pollutant'' language. Given that emergency responders do not depend on
the specific technical name provided in association with the shipping
description to effectively respond to emergencies, PHMSA expects
streamlining the description to provide more readily recognizable and
usable information that reflects the hazardous materials involved may
facilitate emergency response.
Finally, PHMSA proposes to add a new paragraph (q) to this section
to require documentation of the holding time for refrigerated liquefied
gases transported in portable tanks. Holding time is the span of time,
as determined by testing, that elapses from the time of loading until
the pressure of the contents, under equilibrium conditions, reaches the
set point for the lowest pressure control valve or pressure relief
valve setting. PHMSA proposes to require including the specific date at
which the holding time ends on the shipping paper for refrigerated
liquefied gases transported in portable tanks. Knowing the holding time
assists in preventing unexpected venting while in transportation, which
could lead to exposure to and risks associated with a hazardous
material release as well as the loss of product. Including this
information on the shipping paper would aid in managing the
transportation of refrigerated liquefied gases to ensure the material
arrives safely at its destination without an unintended release of
hazardous materials, including those that are known greenhouse gases
(GHGs) (e.g., nitrous oxide). PHMSA anticipates that establishing this
requirement to provide this information for portable tanks will improve
safety of international transport of refrigerated liquefied gases in
portable tanks.
Section 172.301
Section 172.301 prescribes general marking requirements for non-
bulk packagings. PHMSA proposes to amend paragraph (a)(1) to clarify
that the exception permitting reduced size marking requirements are
applicable to packages with either 5L or less capacity, or those with a
5 kilograms (kg) or less net mass. The current HMR text states that the
exception is applicable to packages with a maximum capacity of 5 kg or
5 L or less, rather than the maximum net mass, which is the more
appropriate measure for packages containing solids. A person shipping a
solid material may unnecessarily apply the volume limitation, when a
net mass limit is intended. This proposal clarifies that packages for
solid material may have a maximum net mass of 5 kg or less. This
editorial change is intended to reduce confusion over the application
of the exception at Sec. 172.301(a)(1) in that for solid materials,
the quantity limit is based on the net amount of solid material and not
the capacity of the packaging the material is placed in. This
clarification is consistent with similar provisions for solids (net
mass) and liquids (capacity) throughout the HMR. Ensuring the
appropriate application of the reduced size marking allowance provides
consistency across persons using the reduced-size marking and
therefore, is expected to improve safety of transport.
Section 172.315
Section 172.315 prescribes the marking requirements for packages of
limited quantities. Currently, the HMR require that the limited
quantity mark be applied on at least one side or one end of the outer
packaging. The 2021-2022 ICAO Technical Instructions clarified that
marks, in particular those that are applied in a similar manner to
self-adhesive labels, must be applied on
[[Page 43860]]
one side of a package (i.e., not folded over an edge). Prior to these
amendments, only hazard communication labels were required to be
applied to a single side of a package and prohibited from being folded
around the edge of a package. This requirement was extended to markings
to ensure visibility and to communicate hazard(s) to the greatest
extent possible. Consistent with the ICAO Technical Instructions, PHMSA
proposes adding a new paragraph (b)(3) to require, for air transport,
that the entire limited quantity mark must appear on one side of the
package. For detail on the rationale for this proposed requirement, see
Section 172.406 of the Section-by-Section Review.
Section 172.322
Section 172.322 prescribes the marking requirements for hazardous
materials that are also marine pollutants. PHMSA proposes, consistent
with proposed changes in Special Provision 441 and Sec. 172.203(l)(1)
discussed above, to limit the scope of hazardous materials, which are
marine pollutants, that are subject to this technical name marking
requirement. Specifically, PHMSA proposes to apply the technical name
marking to proper shipping names that have a ``G'' assigned in column
(1) of the Sec. 172.101 Hazardous Materials Table or have the text
``n.o.s.'' as part of the proper shipping name. PHMSA also proposes to
add language directing shippers using ``UN3077, Environmentally
hazardous substance, solid, n.o.s.'' or ``UN3082, Environmentally
hazardous substance, liquid, n.o.s.,'' to Special Provision 441 for
additional requirements.
Section 172.406
Section 172.406 specifies the requirements for the placement of
labels on a package. The 2021-2022 ICAO Technical Instructions
clarified that marks, in particular those that are applied in a similar
manner to self-adhesive labels, must be applied on one side of a
package. The ICAO Technical Instructions have long required that all
hazard communication labels not be folded (around the edge of a
packages) and be applied to a single side. This requirement was
introduced to ensure visibility and communicate hazard(s) to the
greatest extent possible. In a working group session, the ICAO
Dangerous Goods Panel agreed that extending this labeling requirement
to marks was appropriate as marks, like labels, provide hazard
communication. While PHMSA has not specifically prohibited extending
labels onto other sides of packaging and allows the use of smaller
labels to accommodate smaller packagings, PHMSA appreciates the need
for readily visible hazard communication by air. Therefore, for the
sake of harmonizing with the ICAO Technical Instructions, and to ensure
visibility to communicate hazards to the greatest extent possible,
PHMSA proposes to add specific restrictions on wrapping marks and
labels for shipments that are transported by air.
During a review of the specific marking requirements that were
added in the 2021-2022 ICAO Technical Instructions, PHMSA found that
the HMR do not contain the same express limitation on ``folding'' of a
part of a label around the edges of a package such that the entirety of
a label would have to be on a single side. PHMSA expects that adopting
both the pre-existing ICAO single side requirement for labels, and the
recent requirement that marks must be on a single side of a package
will provide increased visibility of hazard communication on the
smaller package types that are frequently used in air transport. These
measures would also reduce ambiguity for air operator employees
conducting acceptance checks as to whether the package appropriately
indicates the hazards without having to make a subjective
determination.
Therefore, PHMSA proposes to require in a new paragraph
(a)(1)(iii), that for air transport, the entirety of a required label
must be displayed on one side of a package. For cylindrical packages
not containing a traditional side, the labels and/or package must be of
such dimensions that a label would not overlap itself. In the case of
cylindrical packages containing radioactive materials, which require
two identical labels, these labels must be centered on opposite points
of the circumference and must not overlap each other. If the dimensions
of the package are such that two identical labels cannot be affixed
without overlapping each other, one label is acceptable provided it
does not overlap itself.
In addition, PHMSA proposes to add requirements that marks must not
be folded for: the limited quantity mark in Sec. 172.315(b); the
excepted quantity mark in Sec. 173.4a(g); and the UN3373 Category B
infectious substance mark in Sec. 173.199(a). The ICAO Technical
Instructions were also amended to require that the lithium battery
handling mark be applied on a single side of a package; however, this
is already prescribed in Sec. 173.185(c)(3)(i), applicable to all
modes of transport. Regarding the Category B infectious substance mark,
the proposal would help ensure that any packages containing COVID-19
materials have appropriate visibility and thus, ensure the safe
transport of such materials.
Section 172.447
Section 172.447 prescribes specifications for labels used for
lithium batteries. PHMSA proposes to remove and reserve paragraph (c),
which contains an expired transitional exception allowing for continued
use of labels in conformance with the requirements that had been in
place on December 31, 2016 until December 31, 2018. Since December 31,
2018 has passed, the continued use of an outdated label is no longer
allowed.
C. Part 173
Section 173.4a
Part 173 contains general requirements for shippers regarding
shipments and packagings. Section 173.4a prescribes transportation
requirements for excepted packages. For consistency with the ICAO
Technical Instructions, PHMSA proposes adding a new paragraph (g)(3) to
require for air transport that the entire excepted quantity mark must
be appear on one side of the package. For detail on the rationale for
this proposed requirement, see Section 172.406 of the Section-by-
Section Review for discussion of the proposed requirement to display a
mark on a single side.
Section 173.14
PHMSA proposes to add a new section, Sec. 173.14, to provide
exceptions from the HMR for certain devices or equipment containing
hazardous materials that are in actual use or which are intended for
use during transport. Examples of such devices include cargo tracking
devices and data loggers attached to, or placed in, packages,
overpacks, containers, or load compartments. These items often contain
component hazardous materials, such as lithium batteries or fuel cells,
necessary to power the device or equipment. The proposed exception
would provide clarity for these types of devices which are not offered
into transportation as part of the consignment but instead accompany it
to collect or disseminate information during transport. Eligibility for
the exceptions would be limited to equipment that meets conditional
safety requirements. These include requirements that the component
hazardous material (e.g., lithium batteries) meet the applicable
construction and test requirements specified in the HMR, and that the
[[Page 43861]]
equipment can withstand the shocks and vibrations normally encountered
during transport. The equipment must also be safe for use in different
environmental conditions that it may be exposed to during transport
such as temperature variations, inclement weather, and conditions in
which explosive atmospheres caused by gases, vapors, mists, or air/dust
mixtures may occur. The proposed text also clarifies that the
exceptions are not applicable when this type of equipment is itself
offered as cargo such that normal HMR requirements pertaining to
packaging, shipping papers, marking and labeling would apply.
This proposed new section is consistent with provisions adopted in
the UN Model Regulations and the IMDG Code. Additionally, in response
to the ongoing global COVID-19 public health emergency, on December
31,2020 \19\ and February 23, 2021,\20\ ICAO published addenda to the
2021-2022 Edition of the ICAO Technical Instructions to provide a
limited exception for lithium battery-powered data loggers and cargo
tracking devices to facilitate the transport and distribution of COVID-
19 pharmaceuticals, including vaccines. Specifically, the 2021-2022
ICAO Technical Instructions except these devices from lithium battery
marking and documentation requirements when transported by aircraft.
Consequently, PHMSA proposes exceptions in this section of the HMR to
cover all modes of transportation for certain devices or equipment
containing hazardous materials that are in actual use or which are
intended for use during transport. However, the exceptions associated
with aircraft transportation are limited to marking and documentation
for lithium ion and lithium metal battery-powered devices or equipment
that accompany shipments of COVID-19 pharmaceuticals, including
vaccines. PHMSA requests comments on whether this exception for air
transport should be expanded to additional medical supplies not related
to COVID-19 (e.g., other vaccines or more generally medicines).
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\19\ ICAO, Addendum No.1 to the 2021-2022 of the ICAO Technical
Instructions for the Safe Transport of Dangerous Goods by Air (Dec.
31, 2020), <a href="https://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2021-2022.AddendumNo1.en.pdf">https://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2021-2022.AddendumNo1.en.pdf</a>.
\20\ ICAO, Addendum No.2 to the 2021-2022 of the ICAO Technical
Instructions for the Safe Transport of Dangerous Goods by Air (Feb.
23, 2021),<a href="https://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2021-2022.AddendumNo2.en.pdf">https://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2021-2022.AddendumNo2.en.pdf</a>.
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Section 173.27
Section 173.27 provides the general requirements for transportation
by aircraft. PHMSA proposes a number of corrections and revisions as
follows: (1) Revise paragraph (c)(2) to clarify that all package types
containing ``UN3082, Environmentally hazardous substance, liquid,
n.o.s.'' are excepted from the pressure differential requirements and
not only limited quantities; (2) revise the paragraph (f) introductory
text to clarify the inner packaging quantity limits prescribed in Table
1 and Table 2 apply to combination packages and not only to excepted
quantity packages; (3) in paragraph (f)(3) Table 1 and Table 2 add
inner package limits for certain Class 9 HMT entries consistent with
the ICAO Technical Instructions; and (4) in Table 1 and Table 2 remove
the ``no limit'' quantity limits and add them to the paragraph (f)
introductory text for a clearer description of the requirement for
materials authorized to exceed 220 L or 200 kg in accordance with
columns (9A) and (9B) of the 172.101 table. The 2021-2022 edition of
the ICAO Technical Instructions contains editorial corrections to
exceptions for ``UN3082, Environmentally hazardous substance, liquid,
n.o.s.'' from differential pressure testing requirements in Packing
Instructions 964 and Y964 (limited quantity). When reviewing the
clarifying editorial correction \21\ to the ICAO exception, PHMSA found
that although the same update is not needed in the HMR, the
corresponding exceptions in Sec. 173.27 are not consistent with those
provided for in the latest version of Packing Instructions 964 and
Y964. PHMSA proposes revising Sec. 173.27 to correct this discrepancy
and align with the updated version of the ICAO Technical Instructions.
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\21\ Report of the ICAO Working Group 19 (paragraph 3.2.11)
(May, 2019), <a href="https://www.icao.int/safety/Dangerousfxsp0">https://www.icao.int/safety/Dangerousfxsp0</a>;Goods/WG19/
DGPWG.19.fxsp0;WP.030.en.pdf.
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In a previous final rule, HM-215K,\22\ PHMSA revised Sec. 173.27
to align with the amendments made to the 2011-2012 edition of the ICAO
Technical Instructions. That earlier edition of the ICAO Technical
Instructions had included exceptions applicable to UN3082 from the
pressure differential requirements in Packing Instructions 964 and Y964
for fully regulated and limited quantity packages. The exceptions were
added because UN3082 materials assigned to Class 9 do not meet the
criteria for classification as any other hazard class or division and
are classified as hazardous materials solely because of their risk to
the environment (i.e., they are not capable of posing a risk to health,
safety, or property when transported by air). When this exception was
added in the HM-215K rulemaking, the text was placed in paragraph
(f)(2)(vii), thereby inadvertently narrowing the exception to limited
quantity materials. In the 2011-2012 edition of the ICAO Technical
Instructions that the HM-215K rulemaking intended to align with, the
exception from the pressure differential requirements applied to both
combination packagings in PI 964 and limited quantity packagings in PI
Y964. Therefore, PHMSA proposes to amend paragraph (c)(2) to except
shipments of ``UN3082, Environmentally hazardous substance, liquid,
n.o.s.'' from the pressure differential packaging requirements
applicable for transportation by aircraft. This proposed change would
align the pressure differential exceptions for UN3082 material with
those found in the ICAO Technical Instructions and excepts these
shipments, in all authorized packaging types, from the pressure
differential requirements in paragraph (c)(2).
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\22\ 76 FR 3308 (Jan. 19, 2011).
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Further, PHMSA proposes to amend paragraph (f), which specifies
requirements for combination packagings intended for transportation
aboard an aircraft. A combination packaging, for transport purposes,
consists of one or more inner packagings secured in a non-bulk outer
packaging. Paragraph (f)(3) contains Table 1 and Table 2 indicating the
maximum net capacity allowed for the inner packagings of the
combination packaging on passenger-carrying and cargo aircraft,
respectively. PHMSA proposes to revise paragraph (f) by moving the
references to Table 1 and Table 2 from paragraph (f)(1), applicable to
excepted quantities, to the paragraph (f) introductory text. The intent
of this revision is to clarify that the inner packaging limits
specified in paragraph (f)(3) Table 1 and Table 2 apply to all
combination packages used to transport hazardous material by aircraft
and not just to excepted packages (i.e., packages for which exceptions
from certain provisions are provided in the HMR). As it currently
reads, the instruction for all combination packagings is imbedded in
the paragraph (f)(1), which outlines provisions for excepted packages,
thus making it appear that Tables 1 and 2 apply only to excepted
packages. Correcting the reference in paragraph (f) would provide
regulatory clarity by properly aligning packaging limits in
[[Page 43862]]
the HMR with the ICAO Technical Instructions.
Additionally, the first column of Tables 1 and 2 provides the
maximum net quantity per package from Column (9A) of the HMT. PHMSA
proposes to replace the rows in Tables 1 and 2 noting that there are no
maximum net capacity limits for quantities greater than 220 L for
liquids and greater than 200 kg for solids with an instruction in the
revised paragraph (f) introductory text conveying the same information.
Finally, PHMSA discovered that for certain Class 9 (miscellaneous
hazardous) materials, the authorized inner packaging limit in the ICAO
Technical Instructions is greater than the limit currently allowed in
Tables 1 and 2 at Sec. 173.27(f)(3). Therefore, PHMSA proposes to
revise paragraph (f)(3), Table 1 and Table 2 to address this
inconsistency with the ICAO Technical Instructions. Specifically, PHMSA
proposes to revise, for consistency with the inner packaging limits
provided in Packing Instructions 956, 958, and 964 of the ICAO
Technical Instructions, inner packaging net capacity limits for the
following Class 9 materials:
<bullet> UN1841 Acetaldehyde ammonia
<bullet> UN1931 Zinc dithionite or Zinc hydrosulphite
<bullet> UN1941 Dibromodifluoromethane
<bullet> UN1990 Benzaldehyde
<bullet> UN2071 Ammonium nitrate fertilizers
<bullet> UN2216 Fish meal, stabilized or Fish scrap, stabilized
<bullet> UN2315 Polychlorinated biphenyls, liquid
<bullet> UN2590 Asbestos, chrysotile
<bullet> UN2969 Castor beans or Castor flake or Castor meal or Castor
pomace
<bullet> UN3077 Environmentally hazardous substance, solid, n.o.s.
<bullet> UN3082 Environmentally hazardous substance, liquid, n.o.s.
<bullet> UN3151 Polyhalogenated biphenyls, liquid or Polyhalogenated
terphenyls, liquid or Halogenated monomethyldiphenylmethanes, liquid
<bullet> UN3152 Polyhalogenated biphenyls, solid or Polyhalogenated
terphenyls, solid or Halogenated monomethyldiphenylmethanes, solid
<bullet> UN3334 Aviation regulated liquid, n.o.s.
<bullet> UN3335 Aviation regulated solid, n.o.s.
<bullet> UN3432 Polychlorinated biphenyls, solid
These materials have a history of safe transport under less
restrictive inner packaging limits in accordance with the ICAO
Technical Instructions. The proposed revisions would offer shippers
greater flexibility in packaging options to transport these materials
without a degradation of safety.
Section 173.59
Section 173.59 provides informational descriptions of terms for
explosives. PHMSA proposes to amend the description of the term
``detonators'' to include a reference to electronic programmable
detonators. Additionally, PHMSA proposes to add a separate term and
description for ``Detonators, electronic programmable for blasting.''
These changes correspond to the proposed addition of the UN0511,
UN0512, and UN0513 (Detonators, electronic programmable for blasting)
to the HMT. PHMSA intends to distinguish between ``electronic
detonators'' and ``electric detonators,'' as each has different design
characteristics, by adding these new entries in the HMT and the
editorial amendments in Sec. 173.59. PHMSA expects this additional
precision in shipping descriptions will provide a safety benefit. See
Sec. 172.101 of the Section-By-Section Review for additional
discussion on electric and electronic detonators.
Section 173.115
Section 173.115 outlines classification criteria for Class 2 (gas)
materials. PHMSA proposes to update the version of ISO 10156:2010,
``Gases and gas mixtures--Determination of fire potential and oxidizing
ability for the selection of cylinder valve outlets,'' that is
incorporated by reference in paragraph (k), which specifies how the
oxidizing ability of a Division 2.2 (non-flammable) gas should be
calculated. Currently the HMR incorporates by reference the 2010
edition of this ISO standard and its associated technical corrigendum
in Sec. 171.7. As part of ISO's regular periodic review of each
standard, ISO standard 10156:2010 was reviewed and updated and a new
revised ISO 10156:2017 was published September 2017. The 2017 edition
supersedes and replaces ISO 10156:2010, which had been technically
revised through ISO 10156:2010/Cor 1:2010. PHMSA now proposes to update
the incorporation by reference of ISO 10156, to the 2017 edition. The
updated document includes technical revisions pertaining to the
flammability of gases and gas mixtures in air as well as a new
calculation method for determining the lower flammability limit of gas
mixtures. PHMSA reviewed the calculation method and agrees that it will
assist shippers in properly classifying a Division 2.2 gas, without
introducing any adverse safety risks. Therefore, PHMSA proposes to
incorporate by reference ISO 10156:2017 in Sec. 173.115(k).
Section 173.134
Section 173.134 provides classification criteria and exceptions for
Division 6.2 infectious substances. PHMSA proposes to revise paragraph
(a) to include references to ``UN3549, Medical Waste, Category A,
Affecting Humans, solid or Medical Waste, Category A, Affecting Animals
only, solid.'' Specifically, paragraphs (a)(1), (a)(1)(i), and (a)(5)
would be revised by including UN3549 among the list of UN numbers to
use for description of an infectious substance. These proposed changes
are consistent with the proposed addition of this new hazardous
materials description to the HMT.
Additionally, PHMSA proposes to remove the term rickettsiae from
the list of types of microorganisms in paragraph (a)(1). Rickettsiae
are a specific group of bacteria, and this specific type of bacteria is
redundant because bacteria are already listed as a type of potential
pathogenic microorganism.
Section 173.137
Section 173.137 prescribes the requirements for assigning a PG to
Class 8 (corrosive) materials. The HMR requires offerors to classify
Class 8 material and assign a PG based on tests conducted in accordance
with the OECD Guidelines for the Testing of Chemicals. One of the tests
currently authorized in the HMR is the 2015 OECD Guideline for the
Testing of Chemicals ``Test No. 431: In vitro skin corrosion:
reconstructed human epidermis (RHE) test method'' which may be used to
determine that a material is not corrosive to human skin. PHMSA
proposes to incorporate by reference the 2016 version of OECD
Guidelines for the Testing of Chemicals ``Test No. 431: In vitro skin
corrosion: reconstructed human epidermis (RHE) test method.'' This
document was updated to introduce sub-categorization for skin corrosion
and adopted by the OECD in 2013 and further revised in 2014, 2015, and
2016, as Guidelines for the Testing of Chemicals ``Test No. 431: In
vitro skin corrosion: reconstructed human epidermis (RHE) test
method.'' According to the OECD, this updated test method permits
subcategorization of corrosive chemicals into three categories: sub-
category 1A and sub-category 1B/C, which correspond to PG I, PG II, and
PG III, respectively. However, prior to the 2016 edition of the OECD
Guidelines, the ability to clearly distinguish between PG II and
[[Page 43863]]
PG III had previously never been formally evaluated or validated due to
the lack of high quality reference in vivo data against which to
benchmark the in vitro results.
Changes to the UN Model Regulations were made as a result of the
additional level of sub-categorization and differentiation that is
possible using this updated test method. Accordingly, PHMSA also
proposes to allow corrosive materials that are tested using OECD
Guidelines for the Testing of Chemicals Test No. 431 to be assigned to
PG II without further in vivo testing if the test method does not
clearly distinguish between PG II or PG III. Since the packing group
assignment indicates the required level of packaging according to the
degree of danger presented by hazardous materials, this would relegate
corrosive material that cannot be clearly distinguished between a
medium danger PG II and a low danger PG III to be subject to the more
conservative packaging requirement associated with PG II material
unless additional testing is conducted. PHMSA anticipates that the use
of the 2016 version of the OECD Guidelines for the Testing of Chemicals
Test No. 431 will benefit shippers of potential corrosives by
clarifying corrosivity determinations or exclusions, and eliminating
excessive testing to distinguish between PG II and PG III.
The proposed regulatory text references OECD Guidelines for the
Testing of Chemicals Test No. 404, 430, and 435, which are already
approved for incorporation by reference in this section, and no change
is proposed for these standards.
Section 173.172
Section 173.172 specifies the eligibility conditions for exception
from packaging requirements for certain fuel tanks used on aircraft
hydraulic power units. PHMSA proposes editorial changes to these
provisions to clarify packaging limits for the fuel tanks that power
hydraulic power units. The fuel tanks addressed in this section are
comprised of a primary containment for the fuel in the hydraulic power
unit. The primary containment must consist of a welded aluminum bladder
as well as an outer vessel, which is packed in non-combustible
cushioning material in a strong, tightly-closed metal outer packaging.
Currently paragraphs (a) and (b) of this section state that the
``Maximum quantity of fuel per unit and package is 42 L (11 gallons).''
PHMSA proposes to replace the word ``unit'' in this sentence in
paragraphs (a) and (b) with the word ``primary containment'' for
consistency with the second sentence of each paragraph which states
that the ``primary containment of the fuel within this vessel must
consist of a welded aluminum bladder having a maximum internal volume
of 46 L (12 gallons).'' These editorial revisions to clarify that the
maximum quantity of fuel authorized applies to both the fuel within the
vessel and completed package (primary containment) rather than the
hydraulic power unit itself. This change would align the language for
this packaging exception in the HMR with the language that was
similarly amended in the 2021-2022 ICAO Technical Instructions and the
21st revised edition of the UN Model Regulations. PHMSA does not expect
this change to adversely affect safety benefits.
Section 173.181
Section 173.181 prescribes packaging requirements for liquid
pyrophoric materials. Specifically, Sec. 173.181 provides the
requirements on closures for metal or glass receptacles when used as
inner packagings (i.e., receptacles) in combination packagings. The UN
Model Regulations contains Packing Instruction P404 which includes
provisions for resealing inner receptacles with threaded closures.
Currently, Sec. 173.181 does not include provisions for resealing of
inner receptacles with threaded closure. The safety concern when
resealing inner receptacles that contain liquid pyrophoric materials is
that small amounts of residue may adhere to the threads and present a
hazard upon closing of the inner packaging and that friction generated
from screwing the cap back onto the receptacle may cause the residue to
react critically (e.g., self-heating or spontaneous combustion). Based
on this concern, the UN Model Regulations now permit closures of inner
receptacles to be either threaded or physically held in place by any
means capable of preventing back-off or loosening of the closure under
conditions normally incident to transportation (e.g., vibration during
transport). PHMSA is also concerned about this potential hazard and
proposes to authorize an alternative method of closure to prevent this
potential hazard. Therefore, PHMSA proposes to revise the requirements
of Sec. 173.181 for closures of inner packagings for liquid pyrophoric
materials to specify that they may have closures that are physically
held in place by any means capable of preventing back-off or loosening
during transportation.
Section 173.185
Section 173.185 prescribes requirements for transportation of
lithium cells and batteries. Paragraph (c) prescribes requirements for
smaller cells or batteries and paragraph (c)(3) specifies hazard
communication requirements including the use of the lithium battery
mark. PHMSA proposes to revise the minimum size of the lithium battery
mark from 120 millimeters (mm) wide by 110 mm high to 100 mm by 100 mm.
This reduction in size requirements for this mark would be consistent
with the existing minimum size requirements for the limited quantity
and excepted quantity marks in the HMR (see Sec. Sec. 172.315 &
173.4a) and does not diminish the ability to read or recognize the
marking. The reference to the shape of the mark would be amended to
include ``square'' to account for the new minimum dimensions while also
maintaining the existing shape of a ``rectangle'' to continue
authorized use of the lithium battery mark with 120 mm by 110 mm
dimensions. In addition, the minimum size of the lithium battery mark
for packages too small to display the revised 100 mm by 100 mm
dimensions, would be revised from 105 mm wide by 74 mm high to 100 mm
wide by 70 mm high. Additionally, an informal working paper \23\
submitted to the 54th Session of the UNSCOE noted that due to the large
volume of lithium batteries shipped in small packages, the reduction in
the size of the mark could reduce the quantity of packagings produced
and consequently the quantity of empty packagings sent for disposal or
recycling. This proposed minimum size would not invalidate use of
larger marks meeting the currently authorized minimum size
requirements.
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\23\ Rechargeable Battery Association (PRBA) & the Advanced
Rechargeable & Lithium Batteries Association (RECHARGE), Proposal on
the Dimensions of the Lithium Battery Mark Submitted to the UN
Subcommittee of Experts on the Transport of Dangerous Goods at the
54th Session (Dec. 3, 2018), <a href="https://www.unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/UN-SCETDG-54-INF55.e.pdf">https://www.unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/UN-SCETDG-54-INF55.e.pdf</a>.
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Section 173.187
Section 173.187 prescribes packaging requirements and other
provisions for ``pyrophoric solids, metals, or alloys, n.o.s.'' The
21st revised edition of the UN Model Regulations includes an amendment
to Packing Instruction P404 to address concerns with threaded closures
when resealing inner receptacles after partial removal of product. The
amendment addresses small amounts of residue of pyrophoric materials
that may adhere to the threads and present a hazard upon closing of an
[[Page 43864]]
inner receptacle. As with liquid pyrophoric materials, discussed above,
there is concern that friction generated from screwing the cap back
onto the inner receptacle may cause the residue to react critically
(e.g., self-heating or spontaneous combustion). Based on this concern,
the UN Model Regulations now allow closures of inner receptacles to be
either threaded or physically held in place by a means capable of
preventing back-off or loosening of the closure under conditions
normally incident to transportation (e.g., impact or vibration during
transport).
After reviewing this issue, PHMSA is also concerned about this
potential hazard and proposes to amend Sec. 173.187 to authorize an
alternate method of closure to prevent this potential hazard.
Specifically, PHMSA proposes to revise the requirements for closures of
inner receptacles for solid pyrophoric materials to specify that they
may have threaded closures or other closures that are physically held
in place by a means capable of preventing back-off or loosening.
Section 173.199
Section 173.199 prescribes the packaging requirements for Division
6.2, Category B infectious substances. Consistent with the ICAO
Technical Instructions, PHMSA proposes to revise paragraph (a)(5) to
require that for air transport the entire UN3373 mark must appear on
one side of the package. PHMSA expects that placing marks on a single
side of a package will provide increased visibility of hazard
communication on the smaller package types that are frequently used in
air transport. These measures would also reduce ambiguity for air
operator employees conducting acceptance checks as to whether the
package appropriately indicates the hazards without having to make a
subjective determination. Regarding the Category B infectious substance
mark, the proposal would help ensure that any packages containing
infectious substances, including COVID-19 materials, have appropriate
visibility and thus, ensure the safe transport of such materials. For
details on the rationale for this proposed requirement, see the
discussion of Sec. 172.406 in the Section-By-Section Review.
Section 173.218
Section 173.218 contains packaging and product stabilization
requirements for transporting stabilized fish meal or fish scrap
(UN2216) as a Class 9 material. Currently, the provisions of this
section are limited to shipments by vessel; however, PHMSA proposes to
revise this provision to authorize the transport of this material by
air. This change responds to changes in the fish meal or fish scrap
market which has experienced an increased demand for more timely
shipments of samples of this item for evaluation by potential
purchasers. Adding provisions to permit shipment by air, rather than
limiting to shipment by vessel, would relieve frustration in the market
for fish meal or fish scrap by allowing shipments of small amounts of
this material to be expedited by air. This change is consistent with
amendments adopted in the 2021-2022 version of the ICAO Technical
Instructions, which have been revised to allow the transport by air of
non-bulk packages of fish meal or fish scrap, subject to quantity
limitations and stabilization requirements.
As proposed, UN2216 material would be permitted on passenger
aircraft and cargo aircraft in amounts up to 100 kg and 200 kg,
respectively, and in UN performance packaging that aligns with the ICAO
Technical Instructions. Additionally, to ensure the safe transport of
this material by air, PHMSA proposes adding stabilization requirements
similar to those that are in place for shipments by vessel. PHMSA
proposes fish meal or fish scrap transported by air must have been
stabilized at production, and within the twelve months prior to
transportation. Given the safeguard provided by stabilization of this
material prior to transportation, as well as the proposed packaging and
quantity restrictions, PHMSA expects that there will be no degradation
of transportation safety in authorizing air transportation.
In addition to adding these stabilization requirements for air
transportation, PHMSA proposes amending the stabilization requirements
that are currently in place for vessel shipments. The HMR currently
requires shipments of fish meal or fish scrap by vessel to contain at
least 50 parts per million (ppm) (mg/kg) of ethoxyquin, 100 ppm (mg/kg)
of butylated hydroxytoluene (BHT) or 250 ppm (mg/kg) of tocopherol
based antioxidant at the time of shipment for bulk shipments when
transported in freight containers. PHMSA proposes extending these
stabilization requirements to all vessel shipments, as required by the
IMDG Code. While the change in language would make the stabilization
requirement more widely applicable, PHMSA expects that the impact on
the regulated community will be minimal as fishmeal and fish scrap
shipments offered for transport (in non-bulk and bulk) are already
typically treated with quantities of stabilizer (antioxidants) well
above the minimum amounts currently shown in section Sec. 173.218 as
common industry practice.
Section 173.221
Section 173.221 prescribes transportation requirements and
exceptions therefrom for ``UN2211, Polymeric beads expandable'' and
``UN3314, Plastic molding compound,'' which are both Class 9
(miscellaneous) materials. Historically, transportation of these
materials has been limited to single packagings under both the HMR and
in Packing Instruction 957 of the ICAO Technical Instructions. However,
these limitations are inconsistent with the UN Model Regulations and
the general provisions of the ICAO Technical Instructions, which permit
combination packagings when single packagings are authorized. These
packagings are constructed with inner packagings made of glass,
plastic, metal, paper, or fiber and with outer packagings utilizing
drums, boxes, and jerricans made of various materials. This conflict in
permitted packagings has been corrected in the most recent edition of
the ICAO Technical Instructions.
PHMSA finds that allowing combination packaging for these Class 9,
low hazard materials is consistent with general packaging
authorizations throughout the HMR. In general, combination packaging is
allowed for materials that are more hazardous as long as the minimum
packaging performance requirements are achieved. Single packaging and
combination packaging are subject to the same performance standards,
meaning an equivalent level of safety is achieved. Therefore, PHMSA
proposes conforming changes to Sec. 173.221 to allow the use of
combination packagings (i.e., packagings that use a combination of
inner and outer packagings for containment) for these materials. This
change would provide packaging selection flexibility as well as
consistency with UN Model Regulations and revised ICAO Technical
Instructions without any impact on safe transport of these materials.
Section 173.222
Section 173.222 specifies the non-bulk packaging requirements for
``UN3363, Dangerous goods in machinery or apparatus.'' As discussed in
connection to proposed changes to Sec. 172.101, PHMSA proposes to
modify the proper shipping name associated with UN3363 to include
``dangerous goods in articles,'' in addition to ``dangerous goods in
machinery or apparatus.'' In the HM-215O final rule,
[[Page 43865]]
PHMSA added new entries for articles containing hazardous materials
that are not otherwise specified by name in the HMT (e.g., ``UN3547,
Articles containing corrosive substance, n.o.s.''). These new entries
addressed transportation scenarios where various hazardous materials or
residues are present in articles above the quantities currently
authorized for machinery or apparatus transported as ``UN3363,
Dangerous goods in machinery or Dangerous goods in apparatus.'' In
addition to adding these new entries to the HMT, PHMSA added packaging
provisions in Sec. 173.232, as well as a definition for articles. The
definition states that ``article means machinery, apparatus, or other
devices containing one or more hazardous materials (or residues
thereof) that are an integral element of the article, necessary for its
functioning, and that cannot be removed for the purpose of transport.''
This addition created regulatory discrepancies between articles that
cannot be defined as machinery or apparatus but also do not qualify as
``Articles containing hazardous materials, n.o.s.'' even as there is no
safety basis to exclude such articles from the scope of Sec. 173.222
provisions. Therefore, PHMSA proposes to revise the provisions in Sec.
173.222 to reflect the addition of dangerous goods in articles to the
current HMT entry for ``UN3363, Dangerous Goods in Machinery or
Dangerous Goods in Apparatus'' as discussed in connection with the
proposed changes to Sec. 172.101 above. These proposed changes are
intended to provide flexibility in the choice of the most appropriate
modifier to be selected as a proper shipping name (e.g., article,
machinery, or apparatus). This flexibility in selecting the most
appropriate description of the hazardous material would help ensure
appropriate packaging selection and hazard communication, thus
enhancing safety.
Section 173.225
Section 173.225 prescribes packaging requirements and other
provisions for organic peroxides. As a result of new peroxide
formulations becoming commercially available, the 21st revised edition
of the UN Model Regulations includes updates to the list of identified
organic peroxides and new packing instructions for these materials. To
maintain consistency with the UN Model Regulations, PHMSA proposes to
update the Organic Peroxide Table in Sec. 173.225(c) to revise the
entry ``Di-(4-tert-butylcyclohexyl) peroxydicarbonate [as a paste],''
by (1) changing the classification of the material as ``UN3116, Organic
peroxide type D, solid, temperature controlled'' to ``UN3118, Organic
peroxide type E, solid, temperature controlled''; and (2) changing the
packing method from OP7 to OP8.
An organic peroxide Type D is an organic peroxide that: (1)
Detonates only partially, but does not deflagrate rapidly and is not
affected by heat when confined; (2) does not detonate, deflagrates
slowly, and shows no violent effect if heated when confined; or (3)
does not detonate or deflagrate, and shows a medium effect when heated
under confinement. An organic peroxide Type E is an organic peroxide
which neither detonates nor deflagrates and shows low or no effect when
heated under confinement. Di-(4-tert-butylcyclohexyl) peroxydicarbonate
was identified as a Type E organic peroxide based on evaluation of new
test data within the classification scheme for self-reactives and
organic peroxide in Figure 20.1 of the UN Model Regulations. Finally,
PHMSA proposes to revise the packing method from OP7 to OP8 consistent
with the revised classification of Di-(4-tert-butylcyclohexyl)
peroxydicarbonate to a lesser hazard Type E organic peroxide. The
packaging method indicates the largest size authorized for packaging of
a particular organic peroxide. Specifically, for Di-(4-tert-
butylcyclohexyl) peroxydicarbonate, assignment of OP8 would allow up to
400 kg for solids and combination packagings, and up to 225 L for
liquids. See Section 173.225 Section-by-Section Review for further
detail of packing methods for organic peroxides.
PHMSA also proposes to revise the Organic Peroxide IBC Table in
paragraph (e) to maintain alignment with the 21st revised edition of UN
Model Regulations by adding new entries for ``tert-Amyl peroxypivalate,
not more than 42% as a stable dispersion in water'' and ``tert-Butyl
peroxypivalate, not more than 42% in a diluent type A'' and identifying
it as ``UN3119, Organic peroxide type F, liquid, temperature
controlled.'' PHMSA expects that adding provisions for the transport of
these newly available peroxide formulations will allow better oversight
for safe and consistent shipment of these hazardous materials.
Section 173.301B
Section 173.301b outlines additional general requirements when
shipping gases in UN pressure receptacles (e.g., cylinders). Paragraph
(a)(2) of this section requires that the gases or gas mixtures be
compatible with the UN pressure receptacle and valve materials
prescribed for metallic materials in ISO 11114-1:2012(E), Gas
cylinders--Compatibility of cylinder and valve materials with gas
contents--Part 1: Metallic materials. This document provides
compatibility requirements for the selection of combinations of
metallic cylinder and valve materials for use with gas or gas mixtures.
In the interest of providing uniformity with regard to reference
standards used domestically and internationally, PHMSA proposes to
revise the compatibility requirements to include a reference to the
2017 amendment (ISO 11114-1:2012/Amd 2017(E)), which ISO published as a
supplement to ISO 11114-1:2012(E). This supplement provides enhanced
instructions on the permissible concentrations of certain gases to
ensure safe transport of a wider variety of gases in newly developed
types of metallic cylinders and valves.
Second, PHMSA proposes to revise paragraph (c)(1), which specifies
valve requirements for pressure receptacles. Currently in the HMR,
paragraph (c)(1) requires valves for pressure receptacles (excluding
quick release cylinder valves, which must conform to the requirements
in ISO 17871:2015(E)) to conform to various editions of ISO 10297,
``Gas cylinders--Cylinder valves--Specification and type testing'',
including the 1999, 2006 and 2014 editions. ISO 10297:2014 specifies
design, type testing, and marking requirements for certain cylinder
valves intended to be fitted to refillable transportable gas cylinders
which convey compressed, liquefied or dissolved gases. PHMSA proposes
to modify the valve requirements in this paragraph such that when the
use of a valve is prescribed, the valve must conform to the
requirements of ISO 10297:2014 as well as the supplemental amendment,
ISO 10297:2014/Amd 1:2017. ISO 10297:2014/Amd 1:2017 corrects errors in
ISO 10297:2014 and also includes modifications for valves for tubes and
pressure drums. For consistency with the UN Model Regulations, PHMSA
also proposes to add a sunset date of December 31, 2022, for the
authorization of the use of ISO 10297:2014 when not used in conjunction
with the supplemental 2017 amendment. PHMSA has reviewed this
supplemental amendment as part of its regular participation in the
review of amendments proposed for the UN Model Regulations and does not
expect any degradation of safety standards in association with the use
of these two documents.
Lastly, paragraph (c)(2) of this section outlines certain
requirements for valves
[[Page 43866]]
on UN pressure receptacles. Specifically, by following one of the
listed methods or standards in this paragraph, valves are required to
be protected from damage that could cause inadvertent release of their
contents. PHMSA proposes to introduce an additional option by allowing
the use of valves designed and constructed in accordance with Annex A
of ISO 17879:2017 for UN pressure receptacles with self-closing valves
with inherent protection (except those in acetylene service). Annex A
of ISO 17870:2017 is a new standard which establishes design, type
testing, marking, and manufacturing tests and examination requirements
for self-closing valves fitted to refillable transportable gas
cylinders conveying compressed, liquefied, or dissolved gases (other
than acetylene). PHMSA has determined that incorporating ISO 17879
fulfills the need for a standard that governs self-closing valves on
cylinders, which are typically used in the calibration, beverage, and
medical gas industries and mirrors requirements for impact testing and
burst testing specified in ISO 10297. PHMSA has experience with
permitting the use of valves constructed to ISO 17879 through special
permit,\24\ which has occurred without incident since 2019.
Incorporating this ISO standard would eliminate the need and associated
burden for manufacturers to request a special permit to use the valves
as they become more widely transported as a result of their
authorization by other competent authorities.
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\24\ See, e.g., Special Permit 20876 (Apr. 21, 2021), <a href="https://cms7.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/authorization/2019045387_SP20876.pdf/2019045387/SP20876">https://cms7.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/authorization/2019045387_SP20876.pdf/2019045387/SP20876</a>.
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The proposed regulatory text references the following standards
that are already approved for incorporation by reference in this
section and no change is proposed for these standards: ISO 11114-
1:2012(E); ISO 11114-2:2013; ISO 10297:2014; ISO 17871:2015; ISO
11117:2008 and Technical Corrigendum 1; ISO 11117:1998; ISO 16111:2008.
Section 173.304B
Section 173.304b contains requirements for shipment of liquefied
compressed gases in UN pressure receptacles. In this section, paragraph
(b) describes the filling limits for UN pressure receptacles expressed
in terms of ``filling ratio,'' or the ratio of the mass of gas in the
cylinder compared to the water capacity of the cylinder. Paragraph
(b)(2) of this section provides the maximum allowable filling limits
for low pressure liquefied gases. As currently provided in paragraph
(b) of 173.304b, the term ``filling factor'' is currently used to
describe the filling limit in terms of the maximum mass of contents in
kg of the gas per liter of water capacity, which is intended to have
the same meaning as the ``filling ratio.'' To increase clarity of the
HMR, PHMSA proposes to revise paragraph (b)(2) by deleting the term
``filling factor'' and only using the performance standard of ``maximum
mass of contents per liter of water capacity'' so that this is not
misunderstood as being different from the defined term ``filling
ratio.'' This change is consistent with the same editorial correction
made is the 21st revised edition of the UN Model Regulations. The term
``filling factor'' is used in the context of the UN Model Regulations
and could be misunderstood as being different from the defined term
``filling ratio.'' PHMSA expects that clarifying the language
pertaining to the filling ratio will provide a safety benefit by
eliminating confusion about the definition of the term ``filing
factor'' or ``filing ratio.''
Section 173.306
Section 173.306 provides exceptions from HMR requirements for
transportation of limited quantities of compressed gases. Paragraph (f)
of this section provides exceptions for the transportation of
accumulators, which are transported under ``UN3164, Articles,
pressurized pneumatic or hydraulic.'' Accumulators are devices in which
a fluid is kept under pressure as a means of storing energy. PHMSA
proposes to revise paragraphs (f)(2) and (f)(3) to allow robust
accumulators to be transported unpackaged, in crates, or in overpacks
that provide equivalent protection to the hazardous material being
transported. The term robust is used to describe articles that are
strong enough to withstand the shocks and loadings normally encountered
during transport, including trans-shipment between cargo transport
units and between cargo transport units and warehouses, as well as any
removal from a pallet for subsequent manual or mechanical handling.
PHMSA expects that the proposed amendments will increase flexibility
for shippers and harmonize with revisions to the UN Model Regulations
which limits the packaging required for ``UN3164, Articles, pressurized
pneumatic or hydraulic'' when afforded equivalent protection by the
article being transported.
Additionally, PHMSA proposes to add a new paragraph (n) to include
provisions for the transport of ``UN2037, Receptacles, small,
containing gas or gas cartridges'' for recycling or disposal. These
proposed provisions include packaging requirements, conditions for
exception, and maximum gross weight limits, applicable to small
receptacles or cartridges containing gas not exceeding 1.0 L (0.3
gallons) capacity. PHMSA expects that codifying these provisions will
create a regulatory framework for transporting these materials for
recycling or disposal and reduce the administrative burden that would
otherwise apply to fully regulated gas receptacles. Further, reducing
this administrative burden may lead to other environmental benefits by
facilitating shipments destined for recycling or disposal. PHMSA
solicits comments on the need to expand these provisions to other types
of authorized packagings mentioned in this section.
Section 173.335
Section 173.335 specifies packaging requirements for hazardous
materials transported as chemicals under pressure (e.g., ``UN3500,
Chemical under pressure, n.o.s.''). Chemicals under pressure are
regulated as gases but differ in that they are liquids, pastes, or
powders, and pressurized with a propellant that meets the definition of
a gas in Sec. 173.115. Materials transported under UN3500 may include
those that are widely used in fire suppression systems and other items
used for fire control.
PHMSA proposes to provide an extended periodic inspection period
for cylinders containing fire extinguishing agents transported under
UN3500. This amendment would be consistent with a new special packing
provision, PP97, added in the 21st revised edition of the UN Model
Regulations to provide a test period of 10 years for tubes (cylinders)
that have a capacity of 450 L or less and that are filled with fire
extinguishing agents. The intent of this change was to resolve the
discrepancy in inspection periods between (1) gas-filled cylinders
intended for installation in fire suppression systems and (2) cylinders
used for the same purpose, but which contain a fire extinguishing agent
(e.g., a liquid) in combination with a gas used as a propellant. Gases
transported under ``UN1956, compressed gas n.o.s.'' have a maximum test
period for periodic inspection of 10 years, whereas the maximum test
period for UN3500, chemical under pressure, n.o.s.'' is only five
years. However, the updated UN Model Regulations extended the
inspection period for cylinders containing fire extinguishing agents
transported under UN3500 because they are typically (1) inert chemicals
with no
[[Page 43867]]
subsidiary risks and (2) they are typically filled at lower pressures
than cylinders containing UN1956 materials. Additionally, these fire
extinguishing materials and devices are maintained and stored in a
manner that minimizes the degradation of the cylinder (e.g., in
protected indoor environments).
A recent PHMSA rulemaking, HM-234,\25\ broadened the scope of
cylinders eligible to be classified as ``UN1044, fire extinguishers''
and the intent was to permit cylinders charged with fire extinguishing
agents intended for use in fire suppression systems to be described and
transported under ``UN1044, fire extinguishers.'' However, cylinders
charged solely with a compressed gas or liquefied gas and used in a
fire suppression system solely to expel a separately stored
extinguishing agent are not eligible for transportation under UN1044.
Furthermore, with respect to the UN Model Regulations, cylinders
charged with a fire extinguishing agent and intended for use in a fire
suppression are specifically excluded from transportation as ``UN1044,
fire extinguisher.'' Therefore, while HM-234 added provisions that may
allow hazardous materials in cylinders that have historically been
described and transported as UN1956 or UN3500 to be transported as
``UN1044, fire extinguisher'', amending Sec. 173.335 is still
necessary to maintain alignment with the UN Model Regulations because
the UN Model Regulations still do not allow cylinders intended for use
in fire suppression systems to be transported under UN1044.
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\25\ 85 FR 85380 (Dec., 28, 2020).
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Because of this conflict in classification for similar items, PHMSA
proposes to extend the periodic inspection period for cylinders
containing gases or liquid/gas mixtures that are used as fire
extinguishing agents under UN3500, to facilitate international shipment
of these items by aligning the Sec. 173.335 periodic inspection
requirements with the periodic inspection period adopted in the UN
Model Regulations. Recognizing that these items UN3500 and UN1044 are
functionally the same but classified differently outside of the United
States, PHMSA expects that establishing parallel inspections periods
for similar items will facilitate international movement and continued
use of these cylinders domestically and internationally.
D. Part 175
Section 175.8
Part 175 of the HMR prescribes requirements that apply to the
transportation of hazardous materials in commerce aboard aircraft,
including items carried by air passengers and crew, as well as items
carried by the aircraft operator in accordance with airworthiness
requirements and operating regulations, or in support of in-flight
service. Section 175.8 provides exceptions from the HMR for certain
equipment and materials used by aircraft operators that are regulated
as hazardous materials. PHMSA proposes to amend paragraph (b) to
provide a new exception for alcohol-based hand sanitizers and alcohol-
based cleaning products carried aboard an aircraft by the operator for
the purposes of passenger and crew hygiene. The proposed changes align
the HMR with amendments made to the ICAO Technical Instructions, as
amended in Addendum 1, on December 31, 2020, in response to the COVID-
19 public health emergency. The intent of this amendment is to ensure
that air operators are able to equip aircraft with alcohol-based
sanitizers for use in the cabin for the purposes of passenger and crew
hygiene without the regulatory burden of documentation and packaging
otherwise associated with the transport of Class 3 flammable liquid
hazardous materials. This proposal is beneficial to public interest
given that it assists in limiting the spread and contraction of viruses
such as COVID-19 without an anticipated decrease in transportation
safety.
Section 175.9
Section 175.9 provides exceptions from Subchapter C of the HMR for
certain special aircraft operations. Paragraph (b)(5) excepts organ
preservation units necessary to protect human organs when carried in
the aircraft cabin, provided certain conditions are met. As written,
the current provisions only allow for devices powered by non-spillable
batteries. However, the technology for powering such devices has
evolved to include lithium batteries. To maintain consistency with the
ICAO Technical Instructions, PHMSA proposes to add provisions for organ
preservation units powered by lithium batteries (both metal and ion).
Specifically, lithium metal or lithium ion cells or batteries must meet
the general provisions prescribed in Sec. 173.185(a) and spare lithium
batteries would need to be individually protected to prevent short
circuits when not in use to ensure safe transport and use of this
exception. PHMSA expects this proposed HMR amendment will promote
broader use of the exception for organ preservation units. Finally, it
facilitates international movement of these devices by harmonizing with
ICAO Technical Instructions which allow lithium batteries as a power
sources for the devices while still ensuring safe transport.
Section 175.10
Section 175.10 specifies the conditions under which passengers,
crew members or an operator may carry hazardous materials aboard a
passenger aircraft. PHMSA proposes to amend paragraph (a)(1)(ii) of
this section to permit Division 2.2 aerosols with no subsidiary hazard
in addition to those that are not for medicinal or personal toiletry
use as carry-on items (see Sec. 175.10(a)(1)(i) in the HMR for
provisions pertaining to non-radioactive medicinal and toilet
articles). Currently, these materials (2.2 non-flammable gases) are
only authorized in checked baggage. Additionally, PHMSA proposes to add
a conditional requirement to new paragraph (a)(1)(iv) that the material
in the Division 2.2 aerosols must not cause extreme annoyance or
discomfort, in the event of an unintentional release, to crew members
so as to inhibit performance of their assigned duties. The proposed
changes align the HMR with amendments made to the ICAO Technical
Instructions. In addition, these proposed changes are consistent with
special permit DOT-SP 21021,\26\ which was issued in response to the
COVID-19 public health emergency to ensure flight crews could carry-on
sanitizing aerosol products that may not have been considered as items
for personal use. PHMSA has determined that this proposal is beneficial
and in the public interest because it expands the use of the passenger
and crewmember exceptions applicable to Division 2.2 aerosols by
allowing such aerosols in carry-on baggage. This is particularly
beneficial for sanitizers to aid in preventing the potential spread and
contraction of viruses such as COVID-19 without an anticipated decrease
in transportation safety.\27\
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\26\ DOT Special Permit 21021 (May 29, 2020), <a href="https://www.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/offer/SP21021.pdf/2020034999/SP21021">https://www.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/offer/SP21021.pdf/2020034999/SP21021</a>.
\27\ PHMSA notes that, apart from the revisions to Sec. 175.10
of the HMR proposed here, transportation of aerosols in carry-on
baggage and for any other purpose may be subject to limitations
imposed by other regulators, including (but not limited to) the
Transportation Security Administration.
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Section 175.10(a)(11) outlines the provisions for self-inflating
personal
[[Page 43868]]
safety devices and currently allows for the carriage of only one device
with the approval of the aircraft operator. PHMSA proposes to increase
the allowance from a single self-inflating personal safety device to
two devices in response to an increase in passengers seeking to travel
with their own devices. PHMSA clarifies that each self-inflating safety
device may be fitted with no more than two small gas cartridges and
that an additional two spare cartridges per device may be carried with
the devices. In addition, PHMSA proposes to add the text ``intended to
be worn by a person'' to specify that this provision is only intended
for self-inflating personal safety devices that are designed to be worn
by a person and does not apply to other types of safety devices. PHMSA
expects this proposal will promote use of the self-inflating personal
safety devices. Specifically, it provides passengers more flexibility
when carrying self-inflating devices such as life-jackets, motorcycle
jackets and horse riding vests. Further, PHMSA does not expect
transportation safety will be compromised as these devices are designed
with multiple initiation processes required for inflation to occur,
thereby inhibiting unintentional activation. PHMSA has not identified
any incidents involving unintentional activation of self-inflating
personal safety devices inflight.
Section 175.75
Section 175.75 provides quantity limitations and stowage location
requirements for air transportation. During internal review of the
stowage requirements found in Sec. 175.75, PHMSA and FAA concluded
that several editorial revisions would increase the clarity of this
section, and therefore enhance the safety or hazardous materials
transported by aircraft. These proposed revisions do not substantively
change current requirements of this section. They are intended only for
purposes of increasing the understanding of air stowage requirements.
The proposed editorial revisions to this section are discussed as
follows:
<bullet> The current structure for paragraph (b) outlines three
distinct stowage requirements in a single paragraph. To increase
readability, PHMSA proposes to revise paragraph (b) by separating the
three requirements into three subparagraphs each addressing a single
stowage requirement.
<bullet> Insertion of an additional distinct sentence in the
aforementioned proposed revised format of paragraph (b) to highlight
the existing requirement in Sec. 175.75 that all packages displaying a
Cargo Aircraft Only label in accordance with Sec. 172.402(c) must be
loaded in an accessible manner (i.e., a manner accessible to the cargo
aircraft's crew or other authorized person). This longstanding
requirement of the HMR is buried in the Quantity and Loading Table of
paragraph (f). Air carrier stakeholders have suggested to PHMSA and FAA
that the stowage requirements would be clarified if this important
requirement were explicitly stated in Sec. 175.75. Therefore, PHMSA
proposes to specify this requirement in the stowage requirements as
subparagraph (b)(4).
<bullet> Correction of an inadvertent error in the Quantity and
Loading Table of paragraph (f), Note 1, that removed Division 6.2
material from eligibility for exception from the inaccessible loading
restriction for Cargo Aircraft Only packages. This inadvertent error
occurred in a corrections and response to administrative appeals final
rule.\28\ PHMSA revised requirements for Division 6.1 material among
the list of eligible materials but in doing so inadvertently removed
reference to Division 6.2 material. This change was not intended and;
therefore, PHMSA proposes to reinsert reference to Division 6.2
material in Note 1.
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\28\ 78 FR 65453 (Oct. 31, 2013). This rule affected rules HM-
215K, HM-215L, HM218G, and HM-219.
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<bullet> Insertion of an Oxford comma in the Quantity and Loading
Table of paragraph (f), Note 1, item d. to more clearly indicate that
Class 9 material, limited quantity material, and excepted quantity
material all qualify for this provision. PHMSA and FAA are aware that
some air carrier stakeholders have expressed confusion with the
language in Note 1, item d., and acknowledge that the omission of a
comma between ``Limited Quantity'' and ``Excepted Quantity'' may create
the impression that only Class 9 limited or excepted quantity material
are eligible for this exception. Note 1, item d. has always included
all eligible hazard classes of limited quantity and excepted quantity
material.
E. Part 176
Section 176.84
Part 176 contains requirements associated with transportation of
hazardous materials by vessel. Section 176.84 prescribes the meanings
of numbered or alphanumeric vessel transport stowage provisions that
are assigned to hazardous materials and which are listed in column
(10B) of the HMT. The provisions in Sec. 176.84 are separated into
general stowage provisions, which are defined in the ``table of
provisions'' in paragraph (b), and the stowage notes unique to vessel
shipments of Class 1 explosives, which are defined in the table in
paragraph (c)(2). PHMSA has determined that the following proposed
revisions will improve safety by ensuring that hazardous materials are
properly stowed on vessels.
First, PHMSA proposes to revise stowage provision 4 in paragraph
(b). Existing stowage provision 4 directs shippers to ``Stow `Separated
from' liquid organic materials.'' PHMSA proposes to modify the language
in this code for clarity and to facilitate proper stowage. In a
proposal submitted to the IMO, it was noted that many liquid organic
materials are not dangerous goods and that it is difficult to identify
these commodities for purposes of segregation.\29\ Furthermore, the
distinction between organic and inorganic substances cannot be easily
discovered by persons responsible for the packing of a cargo transport
unit. PHMSA has determined that requiring a determination as to whether
a cargo is an organic or inorganic substance should be amended with a
more readily understood requirement to characterize these items as
combustible materials. This clarification would aid in ensuring safe
segregation of materials assigned this stowage provision. Therefore,
PHMSA proposes to amend stowage provision 4 to require materials
assigned this code to ``not be stowed'' with combustible materials in
the same cargo transport unit.
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\29\ International Maritime Organization Sub-Committee on the
Carriage of Cargoes and Containers CCC 5/6/3.
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Second, PHMSA proposes to add new stowage provisions under codes
155, 156, and 157:
<bullet> New stowage code 155 is assigned to ``UN2814, Infectious
substances, affecting humans'' and ``UN2900, Infectious substances,
affecting animals only.'' This new stowage provision advises vessel
carriers to avoid handling of an infectious package or keep handling of
the package to a minimum and to inform the appropriate public health
authority or veterinary authority where persons or animals may have
been exposed to the package contents. This provision may improve safety
for packages that may be used to transport COVID-19 related material.
Stowage code 155 would apply particularly to any cargo offered in the
traditional manner (i.e., break-bulk). The proposed stowage code
advises cargo handling personnel to limit interaction with packages of
Division 6.2 materials to a minimum. The requirement to notify the
appropriate public health authority or
[[Page 43869]]
veterinary authority where persons or animals may have been exposed to
package contents is intended to ensure appropriate medical attention
can be provided in the event of an exposure and any potential further
contamination as a result of contact with the material is controlled.
This new stowage code serves to ensure vessel carriers are aware of the
potential hazard of these packages and to ensure they follow all
protocols related to handling such packages.
<bullet> New stowage code 156 is assigned to ``UN3090, Lithium
metal batteries,'' ``UN3091, Lithium metal batteries contained in
equipment, or Lithium metal batteries packed with equipment,''
``UN3480, Lithium ion batteries,'' and ``UN3481, Lithium ion batteries
contained in equipment or Lithium ion batteries packed with
equipment.'' This new stowage provision would require damaged or
defective lithium batteries that are offered for transportation in
accordance with Sec. 173.185(f) or being transported for purposes of
disposal or recycling in accordance with proposed Sec. 172.203(i)(4),
to be stowed in accordance with stowage category C. Stowage category C
requires on deck stowage instead of the currently authorized on deck or
under deck stowage of these types of lithium batteries. This proposal
harmonizes HMR stowage requirements for lithium batteries that are
damaged/defective and those that are being offered for disposal or
recycling with the IMDG Code stowage requirements. This proposed
stowage change to require on deck stowage would allow for more easily
identifiable and effective response actions in the event of a fire
involving lithium batteries onboard a vessel. PHMSA expects that these
revised shipping requirements will contribute to the safe
transportation of increased volumes of lithium batteries anticipated as
a result of the increased use of those technologies in the
transportation and other economic sectors.
<bullet> New stowage code 157 is assigned to the five HMR UN1950
aerosol entries and the three UN2037 receptacles; small, containing gas
or gas cartridges entries. This new stowage provision would require
aerosols and receptacles for gas transported for recycling or disposal
to be stowed in accordance with vessel stowage category C and clear of
living quarters. The HMR does not currently contain separate stowage
provisions for aerosols or receptacles small containing gas that are
being offered for disposal or recycling. These materials are assigned
stowage category A if they are new and never used, or if they are
offered for transportation. The change from stowage category A to
category C means these materials being offered for recycling or
disposal would be required to be stowed ``on deck only'' instead of the
currently authorized ``on deck or under deck.'' This proposed change in
stowage requirements for aerosols and receptacles small containing gas
provides more restrictive stowage requirements for these articles that
have been utilized and are being offered for transportation under
generally more relaxed packaging standards than if they were being
offered as new articles. This more restrictive stowage requirement
would more easily facilitate a response effort should one be required
aboard a vessel.
Third, in the paragraph (c)(2) table, PHMSA proposes amending
stowage provisions for notes 19E and 22E. When assigned to an HMT
entry, these existing notes require separation ``away from'' explosives
containing chlorates or perchlorates and ``away from'' ammonium
compounds and explosives containing ammonium compounds or salts. PHMSA
proposes to amend these stowage provisions to specify a more demanding
``separated from'' stowage requirement. The terms ``away from'' and
``separated from'' have various meanings based on the type of shipment
(e.g., break-bulk, shipments within a container, or container to
container). Generally speaking, the term ``separated from'' requires
more stringent segregation. As an example, for segregation from one
container to another if ``away from'' applies, the containers cannot be
stowed one on top of the other. If ``separated from'' is assigned, the
containers cannot be stowed in the same vertical line. For more
information on the applicability of these terms please, see Sec.
176.83 of the HMR. This proposal also harmonizes the HMR with the IMDG
Code and aligns with HMR stowage requirements for shipments of ammonium
nitrates, chlorates, and perchlorates. These proposed changes provide
additional segregation between loads of incompatible materials and
decrease the likelihood of a reaction if a release were to occur
onboard a vessel.
F. Part 178
Section 178.3
Part 178 contains specifications for packagings. Section 178.3
prescribes marking requirements for specification packagings. PHMSA
proposes to amend paragraph (a)(4) to clarify the marking size
requirement for packagings transporting solids with a 30 kg (66 pounds)
maximum net mass. Additionally, PHMSA is proposing to amend the
exception for reducing the size of the required package marking
applicable to packagings with a capacity of 5 L or less, or of 5 kg
maximum net mass. The existing HMR text only refers to capacity, and
the proposed use of ``maximum net mass'' is a more appropriate standard
for packagings intended for solids. This editorial change is intended
to reduce confusion over the application of the reduce size marking
requirements as they apply to packagings used for solid materials. The
quantity limit should be based on the net amount of solid material and
not the capacity of the packaging the material is placed in. This
clarification is consistent with similar provisions for solids (net
mass) and liquids (capacity) throughout the HMR. Ensuring the
appropriate application of the reduced size marking allowance provides
consistency across persons using the reduce sized marking and
therefore, improves safety of transport.
Section 178.71
Section 178.71 prescribes specifications for UN pressure
receptacles. To maintain consistency with the UN Model Regulations,
PHMSA proposes to update four ISO documents incorporated by reference
in this section.
First, PHMSA proposes to amend paragraph (d)(2), which outlines the
configuration and design requirements for a cylinder's service
equipment, and includes items that prevent the release of the pressure
receptacle contents during handling and transportation. Currently this
paragraph requires that valves for service equipment must conform to
the 1999, 2006 and 2014 editions of ISO 10297. ISO 10297 specifies
design, type testing and marking requirements for cylinder valves
fitted to refillable transportable gas cylinders, main valves for
cylinder bundles, and cylinder valves or main valves with an integrated
pressure regulator (VIPR), which convey compressed, liquefied, or
dissolved gases. PHMSA proposes to modify the valve conformance
requirements in this paragraph such that when the use of a valve is
prescribed, the valve must conform to the requirements of ISO
10297:2014 and the supplemental amendment, ISO 10297:2014/Amd 1:2017.
ISO 10297:2014/Amd 1:2017 corrects errors in ISO 10297:2014 and also
includes modifications for valves for tubes and pressure drums. PHMSA
has reviewed this supplemental amendment as part of its regular
participation in the review of amendments proposed for the UN
[[Page 43870]]
Model Regulations and does not expect any degradation of safety
standards in association with the use of these two documents.
Additionally, PHMSA proposes to add an end date of December 31, 2022 to
the authorization to use ISO 10297:2014 when not used in conjunction
with the supplemental 2017 amendment, ISO 10297:2014/Amd 1:2017.
Also in this paragraph, PHMSA proposes to amend references to ISO
14246, ``Gas cylinders--Cylinder valves--Manufacturing tests and
examinations.'' Currently paragraph (d)(2) states that valves must be
initially inspected and tested in accordance with ISO 14246:2014(E),
``Gas cylinders--Cylinder valves--Manufacturing tests and
examinations.'' However, in 2017, ISO published ISO 14246:2014/Amd
1:2017, ``Gas cylinders--Cylinder valves--Manufacturing tests and
examinations,'' which provides supplemental amendments pertaining to
specific pressures to be used in the pressure test and leakproofness
test of acetylene valves. PHMSA proposes to require the use of this
amended document in Sec. 178.71 to require acetylene valve users to
use the updated values in ISO 14246:2014/Amd 1:2017. PHMSA has reviewed
these documents as part its regular participation in the review of
amendments proposed for the UN Model Regulation
[…truncated; see source link]Indexed from Federal Register on August 10, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.