Rule2022-15358
Hazardous Materials: Harmonization With International Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 26, 2022
Effective
August 25, 2022
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA is amending the Hazardous Materials Regulations (HMR) to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Additionally, PHMSA is amending the HMR to allow for better alignment with Transport Canada's Transportation of Dangerous Goods Regulations. PHMSA is also withdrawing the unpublished October 1, 2020, Notice of Enforcement Policy Regarding International Standards on use of select updated international standards in complying with the HMR during the pendency of this rulemaking.
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[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Rules and Regulations]
[Pages 44944-45001]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15358]
[[Page 44943]]
Vol. 87
Tuesday,
No. 142
July 26, 2022
Part V
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 171, 172, 173, et al.
Hazardous Materials: Harmonization With International Standards; Final
Rule
Federal Register / Vol. 87 , No. 142 / Tuesday, July 26, 2022 / Rules
and Regulations
[[Page 44944]]
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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: Final rule.
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SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) to
maintain alignment with international regulations and standards by
adopting various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements. Additionally, PHMSA is amending the HMR to allow for
better alignment with Transport Canada's Transportation of Dangerous
Goods Regulations. PHMSA is also withdrawing the unpublished October 1,
2020, Notice of Enforcement Policy Regarding International Standards on
use of select updated international standards in complying with the HMR
during the pendency of this rulemaking.
DATES:
Effective date: This rule is effective August 25, 2022.
Voluntary compliance date: January 1, 2021.
Delayed compliance date: July 26, 2023.
Incorporation by reference date: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register on August 25, 2022. The incorporation by reference
of certain other publications listed in this rule was approved by the
Director of the Federal Register as of May 11, 2020.
FOR FURTHER INFORMATION CONTACT: Candace Casey, Standards and
Rulemaking, Steven Andrews, 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. Comment Discussion
V. Section-by-Section Review of Amendments
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 and Executive Order 13272
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Environment Assessment
I. Executive Order 12898
J. Privacy Act
K. Executive Order 13609 and International Trade Analysis
L. National Technology Transfer and Advancement Act
I. Executive Summary
As discussed in further detail in this final rule (see the V.
Section-by-Section Review of Amendments), the Pipeline and Hazardous
Materials Safety Administration (PHMSA) amends certain sections of the
Hazardous Materials Regulations (HMR; 49 CFR parts 171 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. Furthermore, this final rule addresses the 17 sets of
comments received in response to the Notice of Proposed Rulemaking
(NPRM) \1\ published in August 2021. Overall, the comments to the NPRM
were generally supportive of the proposals made; however, PHMSA did
receive a few comments seeking further clarification or revisions to
the NPRM which PHMSA also addresses in this final rule.
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\1\ 86 FR 43844 (Aug. 10, 2021).
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PHMSA expects that the adoption of the regulatory amendments in
this final rule will facilitate transportation efficiency while
maintaining the high safety standard currently achieved under the HMR.
For example, the final rule will improve the safe transportation of
vaccines and other medical materials associated with the ongoing
response to the coronavirus disease 2019 (COVID-19) public health
emergency, or any similar public health emergency that may emerge, by
removing unnecessary regulatory hurdles to the international movement
of those materials. This final rule will also align HMR requirements
with anticipated increases in the volume of lithium batteries
transported in interstate commerce from electrification of the
transportation and other economic sectors. PHMSA also notes that the
harmonization of the HMR with international consensus standards could
reduce delays and interruptions of hazardous materials during
transportation. The amendments may also lower greenhouse gas (GHG)
emissions and safety risks to minority, low-income, underserved, and
other disadvantaged populations, and communities in the vicinity of
interim storage sites and transportation arteries and hubs.
The following list summarizes the more noteworthy amendments set
forth in this final rule:
<bullet> Incorporation by Reference: PHMSA is incorporating 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 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, Rev.1).
PHMSA also incorporates by reference 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 is amending
the HMR to authorize the highway 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 is amending 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
[[Page 44945]]
requirements, and passenger and cargo aircraft maximum quantity limits.
<bullet> Data loggers: PHMSA is adopting provisions 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. Additionally, in response to the
COVID-19 public health emergency and consistent with revisions to the
2021-2022 ICAO Technical Instructions, PHMSA is adding provisions
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 is removing 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 is
authorizing 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 amendment,
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 is adding an entry
to 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 substances, affecting humans, 6.2'' or ``UN2900, Infectious
substances, affecting animals only, 6.2.'' 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 (UNMR), we are assigning Special Provision
131--which directs shippers to request approval from the Associate
Administrator, through a special permit, prior to transportation--to
UN3549. Additionally, PHMSA is 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 is expanding 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 is amending several
provisions, 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 is amending the definitions of SADT and SAPT to clarify that the
lowest temperature at which these chemical reactions may occur in a
packaging, IBC, or portable tank.
<bullet> Periodic inspection for chemicals under pressure: PHMSA is
extending 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
is amending 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
regarding documentation and marking requirements, which currently
require identifying the technical names of marine pollutant components
in those materials. Additionally, PHMSA is amending 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 is adding
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 amendments represent clear improvements in safety, such
as nitrocellulose stability testing, additional closures for packagings
intended for pyrophoric materials, and on deck stowage requirements for
lithium batteries transported by vessel for disposal, recycling, or
those that are damaged or defective. Furthermore, all of the amendments
are expected to maintain the HMR's high safety standard for the public
and the environment. Additionally, PHMSA anticipates that there are
safety benefits to be derived from improved compliance related to
consistency amongst domestic and international regulations.
Finally, as further explained in the Regulatory Impact Analysis
(RIA), PHMSA calculates that the aggregate benefits of the amendments
in this final rule more than justify their aggregate costs. In fact,
PHMSA estimates that the annualized quantified net cost savings of this
rulemaking, using a 7 percent discount rate, are approximately $24.5 to
$28.3 million per year.
II. Background
The Federal hazardous materials transportation law (49 U.S.C. 5101
et seq.) directs PHMSA to participate in relevant international
standard-setting bodies and encourages alignment of the HMR with
international transport standards consistent with the promotion of
safety and the public interest. See 49 U.S.C. 5120. This statutory
mandate reflects the importance of international standard-setting
activity considering 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 the 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
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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 impacts. 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,\2\ PHMSA's
predecessor--the Research and Special Programs Administration (RSPA)--
comprehensively revised the HMR for greater consistency with the UNMR.
The UNMR constitute a set of recommendations issued by the United
Nations Committee of Experts (UNSCOE) on the Transport of Dangerous
Goods and on the Globally Harmonized System of Classification and
Labelling of Chemicals (GHS). The UNMR 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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\2\ 55 FR 52401 (Dec. 21, 1990).
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PHMSA has evaluated recent updates to the international standards
and is revising 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,\3\ and the 21st revised edition of the UNMR, all
of which were published by or in effect on January 1, 2021. PHMSA
issued a Notice of Enforcement Policy Regarding International Standards
\4\ on October 1, 2020, stating that while PHMSA is considering the
2021-2022 Edition of the ICAO Technical Instructions and Amendment 40-
20 to the IMDG Code for potential adoption into the HMR, PHMSA and
other Federal agencies that enforce the HMR--e.g., the Federal Railroad
Administration, the Federal Aviation Administration (FAA), the Federal
Motor Carrier Safety Administration, and the United States Coast
Guard--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, that Notice stated PHMSA, and its modal
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. PHMSA withdraws its October 1, 2020, Notice of
Enforcement Policy Regarding International Standards as of the
effective date of this final rule. 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 is including those changes to
international standards in this final rule. Finally, PHMSA is
incorporating 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, Rev.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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\3\ 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.
\4\ 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>.
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During PHMSA's development of the final rule, the President issued
a series of Executive Orders coordinating the Federal response to the
COVID-19 public health emergency--a handful of those are pertinent to
this final rule. 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'') \5\ 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'') \6\ 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 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.\7\
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\5\ 86 FR 7019 (Jan. 20, 2021).
\6\ 86 FR 7229 (Jan. 21, 2021).
\7\ 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 (SDOs). In general, SDOs update and
revise their published standards every two to five years to reflect
modern technology and best technical practices. The National Technology
Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-113) directs
Federal agencies to use standards developed by voluntary consensus
standards bodies in lieu of government-written standards whenever
possible. Voluntary consensus standards
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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.
The UNMR, 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 standards 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 ``V. Section-by-Section Review of
Amendments Section'' of this document.
IV. Comment Discussion
In response to the NPRM, PHMSA received 17 sets of comments \8\
from the following persons:
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\8\ <a href="https://www.regulations.gov/docket/PHMSA-2019-0030/comments">https://www.regulations.gov/docket/PHMSA-2019-0030/comments</a>.
<bullet> Airbus
<bullet> Amazon
<bullet> Anonymous
<bullet> Council on the Safe Transportation of Hazardous Articles
(COSTHA)
<bullet> Dangerous Goods Advisory Council (DGAC)
<bullet> Dow Chemical Company (Dow)
<bullet> Elanore Tessitore
<bullet> Healthcare Waste Institute (HWI)
<bullet> Institute for the Makers of Explosives (IME)
<bullet> Luxfer Canada
<bullet> Luxfer Gas Cylinders
<bullet> Medical Device Transport Council (MDTC)
<bullet> The Rechargeable Battery Association (PRBA)
<bullet> Reggie Valentine
<bullet> Rigid Intermediate Bulk Container Association (RIBCA)
<bullet> Reusable Industrial Packaging Association (RIPA)
<bullet> Stericycle
PHMSA received comments from Amazon, DGAC, COSTHA, MDTC, and PRBA,
all providing general support for harmonization with international
standards with additional support from Luxfer Gas Cylinders for the
incorporation by reference of the ISO standards applicable to
cylinders. In addition, PHMSA received a comment from IME encouraging
expeditious adoption of changes to international regulations into the
HMR.
Comments concerning the sunset provisions for polymerizing
substances, damaged or defective batteries, and comments outside the
scope of this rulemaking are discussed below. All other comments
specific to proposed changes to HMR sections are addressed in the ``V.
Section-by-Section Review of Amendments'' of this document.
A. Comments Outside the Scope of This Rulemaking
PHMSA received a comment from an anonymous person noting that PHMSA
did not propose to update the publications referenced in Sec.
173.58(c). This section addresses the assignment of Class and Divisions
for new explosives and paragraph (c) specifically addresses
classification of Division 1.6 explosives. The anonymous commenter
states the provisions of Sec. 173.58(c) are outdated relative to the
21st revised edition of the UNMR and the UN Manual of Tests and
Criteria 7th revised edition. The anonymous commenter suggests that
PHMSA review and amend Sec. 173.58(c) to maintain alignment with
international regulations. Specifically, the commenter notes that the
UN provisions (as outlined in the UN Manual of Test and Criteria)
currently specify that explosive substances in Division 1.6 articles
must be ``predominantly containing an extremely insensitive substance''
and must no longer be ``exclusively containing an extremely insensitive
substance'' as currently cited in Sec. 173.58(c). Additionally, the
commenter adds that a Division 1.6 article fragment impact test has
been added to the UN provisions (as outlined in the UN Manual of Test
and Criteria) for Division 1.6 articles and that test is not cited
within Sec. 173.58(c).
PHMSA acknowledges the commenter's concerns over the testing
requirements for Division 1.6 explosives in Sec. 173.58(c). However,
PHMSA did not propose changes to this section in the NPRM and,
therefore, declines to make such revisions in this final rule without
further evaluation by PHMSA subject matter experts and an opportunity
for stakeholders to comment on the issue. If the commenter has a
proposal to revise the regulatory text Sec. 173.58(c), PHMSA
encourages the commenter to submit a petition for rulemaking in
accordance with 49 CFR 106.100 and provide specific justification that
the regulatory text at Sec. 173.58(c) must be updated to mirror
language in the updated industry standards referenced elsewhere in
Sec. 173.58.
In its comments on the NPRM, MDTC noted that PHMSA did not address
the inclusion of Special Provision A201--approval of the State of
Origin and the operator--and other provisions codified in the HM-224I
Interim Final Rule (IFR).\9\ While PHMSA appreciates the comments from
MDTC, we are not addressing comments to the HM-224I IFR in this final
rule. PHMSA will address and respond to all comments on the HM-224I IFR
in a future HM-224I final rule.
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\9\ 84 FR 8006 (Mar. 6, 2019).
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B. Polymerizing Substances
Dow and DGAC provided comments on the sunset dates for polymerizing
substances as outlined in a previously issued international
harmonization final rule, HM-215O.\10\ In HM-215O, PHMSA extended the
sunset dates to January 2, 2023, for polymerizing substances to allow
PHMSA to complete an ongoing research project and analyze all comments
and data concerning the issue submitted to the docket for the HM-215O
\11\ NPRM. Dow and DGAC are concerned that the next international
harmonization rule will be published after January 2, 2023, resulting
in polymerizing substances regulations no longer being in effect for
transportation in accordance with the HMR. PHMSA expects to address
these concerns regarding sunset dates for transportation of
polymerizing substances in a final rule prior to the expiration of the
sunset dates.
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\10\ 79 FR 46012 (Aug. 16, 2014).
\11\ 85 FR 27810 (May 11, 2020).
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C. Guidance on Damaged or Defective Batteries
In its comments, MDTC and PRBA requested that PHMSA include a note
from Special Provision 376 of the UNMR for determining whether a
lithium battery is damaged or defective within the amendments adopted
in this
[[Page 44948]]
final rule. The commenters state this note will better assist shippers
on how to evaluate whether a lithium battery is considered damaged or
defective. PHMSA appreciates MDTC and PRBA bringing this issue to our
attention and concurs that more guidance is needed to help in the
determination of when a lithium battery is considered damaged or
defective. However, the note to Special Provision 376 of the UNMR is
guidance and not prescriptive language within that international
standard. While PHMSA does not believe it is appropriate to codify the
note to Special Provision 376 of the UNMR within the HMR currently,
PHMSA acknowledges the value of the Special Provision 376 language in
providing guidance on the shipment of damaged or defective batteries.
Towards that end, PHMSA has issued a safety advisory notice on the
shipment of damaged or defective batteries.\12\ Within this safety
advisory notice, PHMSA has paraphrased and cited the guidance presented
in the note to Special Provision 376 of the UNMR for determining when a
battery is damaged or defective. PHMSA encourages the shippers of
damaged or defective batteries to review this notice for assistance in
the shipment of damaged or defective lithium batteries.
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\12\ See the ``Safety Advisory Notice for the Disposal and
Recycling of Lithium Batteries in Commercial Transportation'' issued
on May 17, 2022, at: <a href="https://www.phmsa.dot.gov/news/phmsa-safety-advisory-notice-transportation-lithium-batteries-disposal-or-recycling">https://www.phmsa.dot.gov/news/phmsa-safety-advisory-notice-transportation-lithium-batteries-disposal-or-recycling</a>.
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D. Support for PHMSA's Decision Not To Propose Certain Amendments
DGAC provided comments on revisions in the 21st revised edition of
the UNMR that contain packing instructions for several electric battery
entries in the UNMR. The 21st revised edition of the UNMR 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 unique to the UNMR pertaining to the required
use of stainless-steel boxes and plastic bins as packaging for these
used batteries. DGAC provided comments in support of PHMSA's decision
to not propose adopting these unique packaging requirements into the
HMR and concurs with PHMSA's position that there is not a sufficient
safety justification to limit the transport of used batteries. DGAC
concludes the new provisions to P801 for these batteries would not
substantially improve their safe transportation.
V. Section-by-Section Review of Amendments
The following is a section-by-section review of the amendments in
this final rule.
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 updated 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 have, in turn, informed PHMSA's evaluation
of the effect on safety those updated consensus standards would have
when incorporated by reference and their provisions adopted into the
HMR. Further, PHMSA notes that some of the consensus standards
incorporated by reference within the HMR in this rulemaking have
already been adopted into the regulatory schemes of other countries,
noting 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. PHMSA received a comment from DGAC in support of these
incorporation by reference revisions. Therefore, PHMSA is adding or
revising the following incorporation by reference materials:
<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 2012 edition include
clarification of certain 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 (free PDF) 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 better align with the 21st
revised edition of the UNMR 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 vessel. Notable changes in Amendment
40-20 include new packing and stowage provisions, new and revised
entries on the Dangerous Goods List, and editorial corrections.
Distributors of the IMDG Code can be found on the International
[[Page 44949]]
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
removes ISO 10156:2010, third edition, and the associated corrigendum
(ISO 10156:2010/Cor.1:2010(E)), from the HMR and adds the revised ISO
10156:2017(E), fourth edition, as the former documents have been
withdrawn by ISO and replaced with the updated 2017 versions. As part
of the five-year periodic review of all standards, ISO reviewed ISO
10156:2010 and published an updated version, ISO 10156:2017, which was
published in September 2017 and adopted in the 21st revised edition of
the UNMR. 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 the determination of flammability of gases and gas
mixtures which aids in the proper selection of a valve. (See Sec.
173.115 of the Section-by-Section Review of Amendments for additional
discussion of this change).
--ISO 10297:2014/Amd 1:2017, ``Gas cylinders--Cylinder valves--
Specification and type testing'' in paragraph (w)(42) and referenced in
Sec. Sec. 173.301b and 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 references 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 provide additional safety benefits for hazardous
materials in transportation.
--ISO 10462:2013, ``Gas cylinders--Transportable cylinders for
dissolved acetylene--Periodic inspection and maintenance.'' PHMSA is
deleting the 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,\13\ PHMSA
incorporated by reference the updated third edition of ISO 10462;
however, the rule included a sunset provision to allow continued used
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 is removing the reference to this edition in
Sec. 171.7, as well as making a conforming revision to remove the
sunset provision in Sec. 180.207.
---------------------------------------------------------------------------
\13\ 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), PHMSA is referencing--
ISO 11114-1:2012/Amd 1:2017(E), in Sec. Sec. 172.102, 173.301b, and
178.71. The 2017 ISO 11114-1:2012/Amd 1:2017(E) 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).
The ISO 11114-1:2012/Amd 1:2017(E) 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 UNMR
updated all references to the 2012 edition to include a reference to
the supplemental amendment (ISO 11114-1:2012/Amd 1:2017(E)). PHMSA
revises the HMR likewise, by amending Special Provision 379, Sec. Sec.
173.301b and 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 further incorporating by reference in
Sec. 178.75 to allow for the use of this ISO standard for
specification multi-element gas containers (MEGCs).
--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 further
incorporates by reference in Sec. 178.75 use of this ISO standard for
specification MEGCs.
--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 further incorporates by
reference in Sec. 178.75 the use of this ISO standard for
specification MEGCs. 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''.
[[Page 44950]]
--ISO 11119-3:2013(E), ``Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced
composite gas cylinders with non-load-sharing metallic or non-metallic
liners'' listed in paragraph (w)(60). This document is currently
incorporated by reference in Sec. 178.71; however, PHMSA is
additionally incorporating 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 references in
Sec. 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 \14\
for the storage and conveyance of compressed or liquefied gases. PHMSA
is requiring UN composite cylinders and tubes to conform to this
standard in Sec. 178.71. See 178.71 of Section-by-Section Review of
Amendments for additional discussion on this new incorporation by
reference.
---------------------------------------------------------------------------
\14\ 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)(71). PHMSA is adding 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 UNMR updated all
references to the 2014 edition to include a reference to the
supplemental amendment (ISO 14246/Amd 1:2017). Therefore, PHMSA is
likewise adding a reference to this supplement in Sec. 178.71, which
requires inspection and testing in accordance with ISO 14246:2014. See
178.71 of the Section-by-Section Review of Amendments for additional
discussion.
--ISO 17879:2017, ``Gas cylinders--Self-closing cylinder valves--
Specification and type testing,'' in paragraph (w)(75). PHMSA is adding
a reference to this standard in Sec. Sec. 173.301b and 178.71. This
standard provides the design, type testing, marking, and manufacturing
tests and examination 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 is
adding 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 is updating the version of OECD Guidelines for the
Testing of Chemicals Test No. 431 referenced in Sec. 173.137, to
maintain alignment with the UNMR. 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:
--``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
UNMR 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 UNMR 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. Therefore, PHMSA is adopting this revised edition in
order to reflect these important updates.
--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
UNMR. PHMSA replaces the sixth revised edition (2015) and the sixth
revised edition, Amendment 1 (2017) with the 7th revised edition. The
amendments adopted in 2018 for the 7th 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
classification of industrial
[[Page 44951]]
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 amends the title of this
document in the list of reference material in Sec. 171.7 to reflect
this change. Finally, PHMSA is adopting this revised edition in order
to reflect these important updates.
--``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 7th 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.
Therefore, PHMSA is adopting this revised edition in order to reflect
these important updates.
--``Agreement concerning the International Carriage of Dangerous Goods
by Road,'' in (dd)(4), which is referenced in Sec. 171.23. The
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. PHMSA removes references to the 2019 edition of
the ADR, ECE/TRANS/257, and adds references to volumes I and II and the
corrigendum 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>. The main
changes to the 2020 edition include revisions to the P200 packaging
section for cylinders and updates to reference various updated ISO
publications. As such, PHMSA is adopting this revised edition in order
to reflect these important updates.
The following standards are already incorporated by reference in
the section(s) in which they appear in the regulatory text: ISO
10297:1999(E), ISO 10297:2006(E), ISO 10297:2014(E), ISO 10461:2005(E),
ISO 10462:2013(E), ISO 10692-2:2001(E), ISO 10692-2:2001(E), ISO 11114-
1:2012(E), ISO 11114-2:2013(E), ISO 11117:1998(E): ISO 11117:2008(E),
ISO 11117:2008/Cor.1:2009(E): ISO 11118(E), ISO 11118:2015(E), ISO
11119-1(E), ISO 11119-2(E), ISO 11119-3(E), ISO 11120(E), ISO
11120:2015(E), ISO 11513:2011(E), ISO 11621(E), ISO 11623(E), ISO
11623:2015(E), ISO 13340:2001(E); ISO 13736:2008(E), ISO 14246:2014(E),
ISO 16111:2008(E), ISO 16148:2016(E), ISO 17871:2015(E), ISO 18172-
1:2007(E), ISO 20703:2006(E), ISO 21172-1:2015(E), ISO 22434:2006(E),
and ISO/TR 11364:2012(E); European Directive 2010/35/EU; Transport
Canada TDG Regulations; Test Nos. 404, 430, and 435.
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 and SAPT--i.e., ``self-accelerating decomposition
temperature'' and ``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. In
the NPRM, we proposed 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. As such, DGAC
provided comments in response to the NPRM in support of PHMSA's
proposed revision of the definitions for SADT and SAPT; and confirmed
that these changes will clarify understanding of these terms and assist
selection of the proper packaging of these materials. Therefore, PHMSA
is making 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. In this final rule,
PHMSA amends 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 \15\--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.
---------------------------------------------------------------------------
\15\ 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 based on 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
[[Page 44952]]
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.\16\
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\16\ 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 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 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 must be completed in full compliance with the
HMR. PHMSA's revisions to Sec. 171.12 further mitigates risk to public
safety and the environment by applying only to motor carrier and rail.
The recognition of Transport Canada-issued temporary certificates
improves cross-border movement of hazardous materials 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.\17\ These revisions to the HMR 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. Dow, DGAC, and COSTHA all provided comments in support
of the amendment to improve cross-border movement of hazardous
materials. Commenters added that this revision will improve efforts in
responding to the COVID-19 and other potential public health
emergencies.
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\17\ 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 is amending 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. 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 facilitates access to foreign markets by U.S.
manufacturers and businesses.
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. In this final rule, PHMSA amends
certain entries in the HMT to reflect the regulatory amendments
discussed below in the Section-by-Section Review of Amendments. For
purposes of the Government Publishing Office's typesetting procedures,
changes to the HMT appear under three sections of the HMT: ``remove,''
``add,'' and ``revise.'' Certain entries in the HMT, such as those with
revisions to the proper shipping names, appear as a ``remove'' and
``add.'' 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 UNMR contain a new entry to its Dangerous Goods List for
regulated medical waste in Category A (see above list for UN3549). In
the NPRM, PHMSA proposed 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.
DGAC and HWI provided comments supporting the inclusion of a new
entry in the HMT for ``UN3549, Medical Waste, Category A, Affecting
Humans, solid or Medical Waste, Category A, Affecting Animals only,
solid.'' However, DGAC and HWI believe that PHMSA should include the
corresponding packing provisions in the UNMR associated with ``UN3549,
Medical Waste, Category A, Affecting Humans, solid or Medical Waste,
Category A, Affecting Animals only, solid.'' DGAC asserts that PHMSA
should accept the internationally recognized packaging for these
materials as a part of the international harmonization process. Both
DGAC and HWI believe that continuing to require special permits or
approvals for the packaging of these materials does little to enhance
transportation safety. HWI adds that the special permit process can
take a significant amount of time and recommends that PHMSA provide
[[Page 44953]]
initial packaging guidance for Category A medical wastes, so that
generators have an immediate, safe, and compliant packaging solution.
PHMSA is adding ``UN3549, Medical Waste, Category A, Affecting
Humans, solid or Medical Waste, Category A, Affecting Animals only,
solid'' to the HMT in order to provide a more detailed proper shipping
name for the shipment of biological waste. PHMSA acknowledges that in
biological emergency response crises, such as the response to Ebola
outbreaks, it is critical to have approved packagings for cleanup of
biological waste. However, PHMSA asserts that due to the unknown nature
of any infectious agent that may produce a category A biological waste,
it is necessary to retain greater oversight of the safety and
operational controls associated with approved packagings via the
special permit process. PHMSA's special permit process can accommodate
emergency processing of applications for instances associated with
transportation of hazardous materials during a public health emergency
or natural disaster. For these reasons PHMSA is not assigning baseline
packaging provisions in the HMT for to the new proper shipping name
``UN3549, Medical Waste, Category A, Affecting Humans, solid or Medical
Waste, Category A, Affecting Animals only, solid.'' However, PHMSA is
assigning Special Provision 131 to state that approval from the
Associate Administrator, through a special permit, is required when
offering this material for transportation.
PHMSA assigns 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. 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 is adding 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 UNMR 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.\18\ AEISG proposed adding new entries in the UNMR for
electronic detonators to distinguish them from electric detonators,
which have significantly different design characteristics.
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\18\ <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 classes (1.1B,
1.4B, or 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 is adding 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 depends on packaging and testing, hence
new entries must include all possible hazard classifications (1.1B,
1.4B, and 1.4S). For other newly added hazardous materials assigned a
UN number on the Dangerous Goods List in the UNMR, PHMSA is adding:
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 determined that this change provides clarity
and enhanced safety by adding more specific proper shipping names to
describe the difference between electronic detonators and electric
detonators. PHMSA received a comment from IME in support of including
these three new hazardous materials descriptions for electronic
detonators in the HMT.
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 UNMR 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 adds the symbol
``A'' to column (1) and amends 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
determines 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 UNMR 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 is adding ``Dangerous Goods in Articles or,'' to the proper
[[Page 44954]]
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 is amending 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 is adding 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 adds for
UN2522.
Finally, for the entry ``UN3171, Battery-powered vehicle or
Battery-powered equipment,'' PHMSA is making 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 revises 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 designation 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.
In the NPRM, PHMSA proposed 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).
HWI provided comments in support of harmonizing with international
standards by removing the assignment of PG II from column (5) of the
HMT for the ``UN 3291, Regulated medical waste, n.o.s.'' entry.
However, HWI notes that ``PG II'' is currently widely utilized as part
of the proper shipping description marking on regulated medical waste
containers, of which many of their members have a significant
inventory. HWI seeks confirmation that that packages with ``PG II''
printed on the package as part of the proper shipping description can
still be used permissively.
PHMSA confirms that packages marked with ``PG II'' as part of the
proper shipping name can permissively be used if the package otherwise
complies with Sec. Sec. 172.303 and 172.304 marking requirements. HWI
further suggests PHMSA clarify that PG II containers are still required
to meet the packaging requirements in Sec. 173.197 and that the
removal of the packing group from the HMT does not negate authorized
packaging at the PG II performance level. PHMSA agrees that the PG II
performance level requirements for packaging used for regulated medical
waste in Sec. 173.197 would still apply; however, we do not believe
further clarification is necessary as we did not propose changes to the
packaging provisions. It is clear that Sec. 173.197 is assigned to
``UN3291'' material in the HMT for authorized non-bulk packagings, for
example, and that the packaging requirements in paragraph (b) required
UN standard packagings at the PG II performance level.
Therefore, PHMSA is amending this entry to not include PG II in
column (5) of the HMT and to align with international regulations and
Sec. 172.101(f), which specifically states that Division 6.2 materials
are not assigned packing groups in the HMR. For packaging purposes, any
requirement for a specific packaging performance level is set out in
the applicable packaging authorizations of part 173. Instead of having
PG II indicated in Column (5), packaging 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
packaging 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,\19\
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 is correcting the entries here
by adding the appropriate label codes to the following:
---------------------------------------------------------------------------
\19\ 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 revisions to column (7) of certain entries in the HMT
are discussed below. Also, see Sec. 172.102 of the Section-by-Section
Review of Amendments below for a detailed discussion of the special
provision amendments addressed in this final rule.
Special Provisions 196 and 197
PHMSA is adding new Special Provision 196 to the following HMT
[[Page 44955]]
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.
PHMSA is assigning 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
<bullet> UN3380, Desensitized explosives, solid, n.o.s.
PHMSA received an anonymous comment on the proposal to add Special
Provisions 196 and 197 for nitrocellulose products. These special
provisions are intended to ensure nitrocellulose products are tested to
verify they meet specific stability requirements to avoid the danger of
self-ignition during transportation. The commenter notes that the
special provisions state ``[t]he nitrocellulose must meet the criteria
of the Bergmann-Junk test or methyl violet paper test in the UN Manual
of Tests and Criteria, Appendix 10 (IBR, see Sec. 171.7 of this
subchapter).'' The commenter supports these revisions and believes they
will ensure that Class 1 and Class 4 nitrocellulose products are tested
to verify that the materials meet specific stability requirements to
avoid the danger of self-ignition during transportation.
However, the anonymous commenter asserts that the stability of
nitrocellulose is highly dependent upon storage conditions, and such
testing at the time of manufacture does not necessarily guarantee
stability during transportation (i.e., transportation might happen a
significant time after manufacturing and testing has occurred).
Therefore, the commenter believes the text of Special Provisions 196
and 197 should additionally include a time criterion for testing
nitrocellulose products to indicate how recently the testing for
stability occurred. The commenter acknowledges that any time frame
identified would require a discretionary evaluation of risks by PHMSA.
However, even such discretionary decision-making would help ensure
nitrocellulose products that may have decreased stability since testing
are not put into transportation.
PHMSA notes that in discussions at UN subcommittee meetings, the
Bergmann-Junk or methyl violet paper tests were compared to the normal
thermal stability test. The overall conclusion was that the Bergmann-
Junk or methyl violet paper tests did a better job in determining
whether remaining nitric acids had been properly washed away during
manufacture. If the acids are properly washed away during manufacture
(as verified by the testing) the materials are unlikely to destabilize
with time. PHMSA therefore understands that there should be low risk
for future breakdown due to excess acids over time such as during
storage. PHMSA further notes that the commenter's assumption that HMR
requirements should address the low risk of these nitrocellulose
products degrading over time is in tension with the HMR's approach
regarding other hazardous materials of similar classification. For
example, the current classification scheme in the HMR requires thermal
stability testing before explosives are approved for transportation,
but it does not explicitly require batch-specific testing every time a
new shipment is made. The HMR places the responsibility on the
manufacturer or offeror to ensure each batch is the same as the
formulation that was approved. This means manufacturer or offeror often
conducts a variety of tests on each batch for quality assurance
purposes. Similarly, the classification scheme in the HMR makes no
guarantees that materials approved for transportation can be stored for
extended periods of time in any possible condition before subsequent
transportation under their original approval. The HMR places
responsibility on the offeror to ensure that their material has not
decomposed or destabilized over time prior to transportation.
Additionally, the burden lies with the offeror to ensure that the
material does not need to be reclassified. Lastly, explosives that are
known to be unstable or no longer meet the acceptance criteria would be
considered forbidden explosives under Sec. 173.54. Therefore, PHMSA
does not agree with the commentor that a time frame is necessary for
the stability testing required by Special Provisions 196 and 197.
Special Provision 360
PHMSA is assigning 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 is assigning 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 is removing and reserving Special Provisions TP39 and T41 for
the PG II entry for ``UN2381, Dimethyl disulfide'' and the PG I entry
for ``UN3148, Water-reactive liquid, n.o.s.'' respectively, as the
transition period for continued use of certain portable tanks has
expired. In the HM-215L final rule,\20\ PHMSA added Special Provisions
TP39 and TP41 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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\20\ 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
[[Page 44956]]
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 revisions only address
transportation by aircraft, as the UNMR did not contemplate any changes
to the limitations for transportation 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 is amending 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 also revises 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 SECTION 173.218 of the Section-by-Section Review of
Amendments 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 is
amending the assigned stowage category from ``E'' to ``D.'' This
revision 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 is 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. The IMDG Code previously only authorized this
material for transportation with the approval of the competent
authority through the application of Special Provision 76. The IMDG
Code has removed this special provision and the associated approval
requirement and provided all necessary transport provisions for this
commodity. This revision 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 and
the IMDG Code assigned stowage category. For the ``UN2900, Infectious
substances, affecting animals only'' and ``UN2814, Infectious
substances, affecting humans,'' PHMSA is amending the assigned stowage
category from ``B'' to ``E.'' This revision allows ``on deck'' or
``under deck'' stowage but does not allow stowage onboard when the
number of passengers exceeds 25. This revision 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 revisions to the IMDG Code, PHMSA
makes numerous revisions to the special stowage and segregation
provisions indicated in column (10B) of the HMT, labeled ``other
provisions.'' PHMSA is assigning 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 is 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
is 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 is adding the more restrictive
``separated from,'' regardless of the type of shipment. The stowage of
these materials separated from foodstuffs is expected to prevent
inadvertent cross contamination of foodstuffs. New stowage code 155
requires vessel carriers to keep handling of the packages 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. Additionally, this handling restriction and communication
requirement may facilitate reducing exposure and contract tracing
surrounding UN2814 packages that contain COVID-19 materials. Except for
the general ``separated from'' language, these revisions are consistent
with IMDG Code requirements.
Additionally, for the PG III entry of ``UN3129, Water-reactive
liquid, corrosive, n.o.s.,'' and for the PG II and III entries for
``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 is adding stowage code 85 to
column (10B). Stowage code 85 requires ``under deck'' stowage in
mechanically ventilated spaces. This revision is intended to ensure
that if the cargo is stowed under deck, adequate mechanical ventilation
is provided. Mechanical ventilation is important to ensure any
potentially dangerous gases or vapors released are expelled from the
cargo hold and not allowed to build up below deck.
PHMSA adds 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, defective, or recalled provisions (see Sec. 173.185(f) of the
HMR), are 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 received a comment from MDTC in
support of this proposal.
PHMSA adds stowage code 157 to column (10B) for numerous entries in
the HMT. Stowage code 157 requires aerosols, small receptacles
containing gas, or gas cartridges transported for
[[Page 44957]]
purposes of recycling or disposal, to be stowed in accordance with
stowage category C, which requires ``on deck only'' stowage, and 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 adds 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
<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 is making 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 on 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 makes the same revision in
Special Provision 47 to clarify the exception within the HMR. PHMSA
expects this clarification 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 amends language in Special Provision 134 to clarify its use in
connection with lithium batteries installed in cargo transport units.
Under this amendment, these items are 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 also amends 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. These amendments will clarify the
requirements for packaging, marking, and transport of lithium batteries
and ensure safe transport.
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 amends 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 revisions to Special Provision
134, PHMSA amends 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
[[Page 44958]]
machinery and apparatus containing hazardous materials as an integral
element of the machinery or apparatus. In light of the 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 of Amendments), PHMSA revises this special provision to add the
words ``articles'' where machinery and apparatus are mentioned. PHMSA
expects this revision to improve consistency across HMR provisions
where UN3363 is discussed, thus enhancing safety.
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 is revising the last
sentence of Special Provision 147 by removing the specific requirement
to pass Tests 8(a), (b), and (c), so that eligible materials can pass
Test Series 8(e) in lieu of 8(c) of the UN Manual of Tests and
Criteria. Modifying Special Provision 147 will align with the
equivalent special provision in the UNMR (SP 309) which was amended
similarly. PHMSA makes this revision 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) may be unsuitable for some ammonium nitrate emulsions
which could lead to a false positive under certain conditions.\21\
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\21\ <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 and alternatively pass the 8(e) test will reduce the risk
of receiving a false positive result and consequently inaccurate
classification. It also allows shippers the ability to perform
additional classification testing as provided in the 7th revised
edition of the UN Manual of Tests and Criteria.
Special Provisions 196 and 197
PHMSA is adding Special Provisions 196 and 197 pertaining to
transportation of nitrocellulose. These new special provisions 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 materials in Class 1
(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 the HM-215O
final rule, PHMSA added a new UN entry, ``UN3536, Lithium batteries
installed in cargo transport unit lithium ion batteries or lithium
metal batteries.'' PHMSA is revising Special Provision 360 to better
distinguish between the various types of equipment with lithium
batteries. The revised language specifies 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,\22\ 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 revisions to
Special Provision 360 to clarify appropriate use of descriptions for
lithium battery equipment, PHMSA is assigning 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. In response to this proposal in the
NPRM, COSTHA provided a comment in support of this revision.
---------------------------------------------------------------------------
\22\ 79 FR 46012 (Aug. 16, 2014).
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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 amends 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 revises Special Provision 370 to
provide clarifying
[[Page 44959]]
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
revises 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 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 UNMR updated all references to the 2012
edition to include a reference to the amendment (ISO 11114-1:2012/Amd
1:2017(E)). PHMSA makes similar conforming revisions. See SECTION 171.7
Section-by-Section Review of Amendments discussion. 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 adds Special Provision 430 and assigns 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 is adding
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 UNMR 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 UNMR and the HMT, when generic proper shipping
names are used--e.g., n.o.s. proper shipping names--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 UNMR' 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 UNMR 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 UNMR are
broadly applicable to aquatic and other environments.
PHMSA is mirroring the expansion by the UNMR 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 provides 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 is also
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 of Amendments
for additional discussions on revisions related to this amendment.
Special Provisions TP39 and TP41
PHMSA is removing and reserving portable tank special provisions
TP39 and TP41. 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 removes them from the HMR to prevent
the use of these expired provisions. See Sec. 172.101 of the Section-
by-Section Review of Amendments for further
[[Page 44960]]
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 is revising paragraphs (i)(2) and (l)(1) and
adding new paragraphs (i)(4) and (q). Each revision is further
described below, along with PHMSA's rationale for the revisions.
In paragraph (i), which provides requirements specific to vessel
transportation, PHMSA is clarifying 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 revision aims to prevent the shipping
delays resulting from confusion on how this documentation requirement
applies to items for which flashpoint is not an appropriate
classification criterion (e.g., aerosols and flammable solids).
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
hazardous materials 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 revision given that this revision 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 received comments in
response to the NPRM from DGAC and Dow in support of this revision.
PHMSA is also adding a new paragraph (i)(4), that requires
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 revision is consistent with revisions adopted in
the IMDG Code and associated with an additional 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 helps 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/recycled lithium batteries anticipated as
a result of the increased use of lithium batteries in the
transportation and other economic sectors. PHMSA received comments from
DGAC, Dow, and MDTC in support of this revision. For additional
information on this stowage requirement, see SECTION 176.84 of the
Section-by-Section Review of Amendments.
In paragraph (l)(1), PHMSA is revising 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 revises 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
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 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
amendment, the basic description for ``UN1263, Paint'' 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.
PHMSA received a comment from DGAC in support of this revision.
Finally, PHMSA is adding 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 will require including the specific date when 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 a hazardous material release, and associated risks,
as well as the loss of product. Including this information on the
shipping paper aids 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 GHGs (e.g., nitrous oxide). PHMSA
anticipates that establishing this requirement to provide this
information for portable tanks will improve safety and decrease climate
change impacts of international transport of refrigerated liquefied
gases in portable tanks. DGAC provided a comment in support of this
revision.
Section 172.301
Section 172.301 prescribes general marking requirements for non-
bulk packagings. PHMSA is amending paragraph (a)(1) to clarify that the
exception permitting reduced size marking requirements are applicable
to packages with either 5 L 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
[[Page 44961]]
packages containing solids. A person shipping a solid material may
unnecessarily apply the volume limitation when a net mass limit is
intended. This revision clarifies that packages for solid material may
have a maximum net mass of 5 kg or less. This editorial revision 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. PHMSA received a comment from DGAC in support of this
revision.
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 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 is adding a new paragraph (b)(3)
to require that--for air transport--the entire limited quantity mark
must appear on one side of the package. PHMSA received a comment from
DGAC in support of this revision. For detail on the rationale for this
requirement, see SECTION 172.406 of the Section-by-Section Review of
Amendments.
Section 172.322
Section 172.322 prescribes the marking requirements for hazardous
materials that are also marine pollutants. Consistent with revisions in
Special Provision 441 and Sec. 172.203(l)(1) discussed above, PHMSA is
limiting the scope of hazardous materials which are marine pollutants,
that are subject to this technical name marking requirement.
Specifically, PHMSA applies 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 adds 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 is adding 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'' 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 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 is requiring 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 adds 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
revision helps 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. In this final rule, PHMSA removes and reserves
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 occurred, 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 is adding a new paragraph (g)(3) to
require that--for air transport--the entire excepted quantity mark must
be displayed on one side of the package. For detail on the rationale
[[Page 44962]]
for this requirement, see SECTION 172.406 of the ``V. Section-by-
Section Review of Amendments'' for discussion of the requirement to
display a mark on a single side.
Section 173.14
In subpart A of Part 173, PHMSA adds 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
exception provides 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 exception is 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 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 text--slightly modified from
the NPRM language--also clarifies that the exception is 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 apply.
This new section is consistent with provisions adopted in the UNMR
and the IMDG Code. Additionally--in response to the ongoing global
COVID-19 public health emergency--on December 31, 2020,\23\ and
February 23, 2021,\24\ 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 is adopting 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.
---------------------------------------------------------------------------
\23\ 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>.
\24\ 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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PHMSA received comments from COSTHA, DGAC, MDTC, and PRBA
expressing concerns over the new Sec. 173.14. MDTC is concerned that
Sec. 173.14 as proposed is too limited and unnecessary. Additionally,
DGAC, MDTC, and PRBA expressed concern that Sec. 173.14 contradicts a
letter of interpretation (LOI) that the industry has relied on for
several years (i.e., LOI Ref. No. 15-0040). MDTC believes that Sec.
173.14 might impact significant types of battery-powered equipment
including medical devices such as hearing aids, defibrillators, and
implantable devices that cannot be switched off completely during
transportation.
COSTHA believes that the language as proposed in the NPRM
appropriately addresses the intent of the international standard
language that these devices are part of the packaging and supports
adopting the provisions as drafted. PRBA generally supports PHMSA's
intent to add Sec. 173.14 to the HMR to provide exceptions for certain
devices or equipment (e.g., cargo tracking devices) containing
hazardous materials that are in actual use or are intended for use
during transport.
In response to the comments from COSTHA, DGAC, MDTC, and PRBA,
PHMSA confirms the intent of Sec. 173.14 is not to capture those
hazardous materials within equipment being offered for transportation
as part of a consignment (i.e., offered into commerce). This section
does not apply to electronic devices (such as hearing aids that may
always be powered on as part of their design) that are themselves being
offered for transportation as cargo. Rather, these provisions are only
applicable to devices containing hazardous materials that are in use to
provide monitoring of packages during transit. Thus, in order to
provide more clarification and better understanding of the intent of
the section, PHMSA adds a paragraph (c) to clearly state that Sec.
173.14 does not apply to hazardous materials with equipment that is
itself shipped as cargo; rather, this exception only applies to
equipment that incorporate a hazardous material as part of its
operation such as data loggers used to track packages while in transit.
Furthermore, PHMSA confirms that LOI Ref. No. 15-0040 remains valid and
is not in conflict with this section.
Section 173.27
Section 173.27 provides the general requirements for transportation
by aircraft. PHMSA is making 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 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. Finally, 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 \25\ 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
[[Page 44963]]
Instructions 964 and Y964. PHMSA is revising Sec. 173.27 to correct
this discrepancy and align with the updated version of the ICAO
Technical Instructions.
---------------------------------------------------------------------------
\25\ Report of the ICAO Working Group 19 (paragraph 3.2.11)
(May, 2019), <a href="https://www.icao.int/safety/DangerousGoods/WG19/DGPWG.19.WP.030.en.pdf">https://www.icao.int/safety/DangerousGoods/WG19/DGPWG.19.WP.030.en.pdf</a>.
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In a previous final rule, HM-215K,\26\ 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 by 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, to eliminate this inadvertent minor error created in
2011, PHMSA amends 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 revision aligns 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).
---------------------------------------------------------------------------
\26\ 76 FR 3308 (Jan. 19, 2011).
---------------------------------------------------------------------------
Further, PHMSA amends 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
revises 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) provides regulatory clarity by properly aligning
packaging limits in 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 is
replacing 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 is revising
paragraph (f)(3), Table 1 and Table 2 to address this inconsistency
with the ICAO Technical Instructions. Specifically, PHMSA is revising--
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 revisions 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 is amending the description of the term
``detonators'' to include a reference to electronic programmable
detonators. Additionally, PHMSA is adding a separate term and
description for ``Detonators, electronic programmable for blasting.''
These revisions correspond to the 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
``V. Section-by-Section Review of Amendments'' for additional
discussion on electric and electronic detonators.
Section 173.115
Section 173.115 outlines classification criteria for Class 2 (gas)
materials. PHMSA is updating the version of ISO 10156:2010, ``Gases and
gas mixtures--Determination of fire potential and oxidizing ability for
the selection of cylinder valve outlets,'' 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
[[Page 44964]]
10156:2010 was reviewed and updated and a new revised ISO 10156:2017
was published in September 2017. The 2017 edition supersedes and
replaces ISO 10156:2010, which had been technically revised through ISO
10156:2010/Cor 1:2010. PHMSA updates 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 incorporates 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 revises 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) are
revised by including UN3549 among the list of UN numbers to use for
description of an infectious substance. These revisions are consistent
with the addition of this new hazardous materials description to the
HMT.
Additionally, PHMSA removes 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 is
incorporating 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 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 UNMR were made because of the additional level of
sub-categorization and differentiation that is possible using this
updated test method. Accordingly, PHMSA is allowing 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 regulatory text also 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 was made to
these standards in this final rule.
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 makes editorial revisions 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 is replacing the word ``unit'' in this sentence in paragraphs (a)
and (b) with the words ``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 revision aligns 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 UNMR. This alignment provides clarity for packaging of certain
fuel tanks and, as such, PHMSA does not expect this revision to
adversely affect safety.
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
UNMR contain 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 closures. 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 UNMR 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
[[Page 44965]]
during transport). PHMSA is also concerned about this potential hazard
and authorizes an alternative method of closure to prevent this
potential hazard. Therefore, PHMSA revises the requirements of Sec.
173.181 for closures of inner packagings for liquid pyrophoric
materials to specify that they may have alternative 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 revises 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 is consistent with the
existing minimum size requirements for the limited quantity and
excepted quantity marks in the HMR (see Sec. Sec. 172.315 and 173.4a)
and does not diminish the ability to read or recognize the marking. The
reference to the shape of the mark is 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, is revised from 105 mm
wide by 74 mm high to 100 mm wide by 70 mm high. Additionally, an
informal working paper \27\ 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 minimum size does not
invalidate use of larger marks meeting the currently authorized minimum
size requirements.
---------------------------------------------------------------------------
\27\ 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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COSTHA, DGAC and MDTC provided comments in support of this
revision. COSTHA notes that while some of its members are in favor of
adopting new size requirements for the lithium battery mark, other
members are concerned about reducing the size of hazard communication
on packages. Moving forward, COSTHA requests that PHMSA continue to
consider the impact of reducing hazard communication (by size or
example) and be open to alternate forms of hazard communication that
may be more effective for both carriers/operators and emergency
responders. PHMSA acknowledges the comments and concerns raised by some
COSTHA members on the new minimum size requirements for lithium battery
markings. However, PHMSA understands that the minimal reduction (no
more than 5 mm in each direction) in required size for markings adopted
in this final rule will not cause a reduction in safety.
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 UNMR 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
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 UNMR 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 (i.e., impact or vibration during transport).
After reviewing this issue, PHMSA is also concerned about this
potential hazard and amends Sec. 173.187 to authorize an alternate
method of closure to prevent this potential hazard. Specifically, PHMSA
is revising the requirements for closures of inner receptacles for
solid pyrophoric materials to specify that they may have threaded
closures or other alternative 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 is revising 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 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
revision helps 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 requirement, see the discussion of Sec. 172.406
in the ``V. Section-by-Section Review of Amendments.''
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 amends this
provision to authorize the transport of this material by air. This
revision 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, relieves 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 revision 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.
Under this revision, UN2216 material is 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 is adding stabilization requirements
similar to those that are in place for shipments by vessel.
Stabilization of
[[Page 44966]]
fish meal and fish scrap by applying antioxidants is required in order
to offer the material under a Class 9 stabilized proper shipping name.
The stabilization of fish meal and fish scrap is needed in order to
mitigate a fire hazard while in transportation. 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 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 amends 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 extends these stabilization requirements
to all vessel shipments, as required by the IMDG Code. While the change
in language makes 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 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 UNMR 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 is
making conforming revisions 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
revision provides packaging selection flexibility as well as
consistency with UNMR and revised ICAO Technical Instructions without
any impact on safe transport of these materials. DGAC provided a
comment in support of this revision.
Section 173.222
Section 173.222 specifies the non-bulk packaging requirements for
``UN3363, Dangerous goods in machinery or apparatus.'' As discussed in
revisions to Sec. 172.101, PHMSA is modifying 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, 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 revises 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 revisions to Sec. 172.101 above. These revisions 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 helps 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 UNMR includes updates to the list of identified organic
peroxides and new packing instructions for these materials. To maintain
consistency with the UNMR, PHMSA is updating 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 UNMR. Finally, PHMSA revises the
packing method from OP7 to OP8 consistent with the revised
classification of Di-(4-tert-
[[Page 44967]]
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 allows up
to 400 kg for solids and combination packagings, and up to 225 L for
liquids.
PHMSA revises the Organic Peroxide IBC Table in paragraph (e) to
maintain alignment with the 21st revised edition of UNMR 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 determines
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 is revising 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 amendment 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 revises 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 is modifying
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(E) corrects errors in ISO 10297:2014
and also includes modifications for valves for tubes and pressure
drums. For consistency with the UNMR, PHMSA also adds 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 for the UNMR 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 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 is introducing 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 17879:2017 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,\28\ which has occurred
without incident since 2019. Incorporating this ISO standard eliminates
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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\28\ 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 regulatory text references the following standards that are
already approved for incorporation by reference in this section and no
revisions are being made to 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 additional 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 revises paragraph (b)(2) by deleting the term
``filling factor'' and only using the performance standard of ``maximum
mass in kilograms of contents per liter of water capacity'' so that
this is not misunderstood as being different from the defined term
``filling ratio.'' This revision is consistent with the same editorial
correction made in the 21st revised edition of the UNMR. The term
``filling factor'' is used in the context of the UNMR and could be
misunderstood as being different from the defined term ``filling
ratio.'' 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
[[Page 44968]]
which a fluid is kept under pressure as a means of storing energy.
PHMSA revises 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 amendments will increase flexibility for shippers and
harmonize with revisions to the UNMR which limits the packaging
required for ``UN3164, Articles, pressurized pneumatic or hydraulic''
when afforded equivalent protection by the article being transported.
Additionally, PHMSA adds a new paragraph (n) to include provisions
for the transport of ``UN2037, Receptacles, small, containing gas or
gas cartridges'' for recycling or disposal. These 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. Codifying these
provisions will create a regulatory framework for transporting these
materials for recycling or disposal and reduce the administrative
burden that otherwise applies to fully regulated gas receptacles.
Further, reducing this administrative burden may lead to other
environmental benefits by facilitating shipments destined for recycling
or disposal.
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 is providing an extended periodic inspection period for
cylinders containing fire extinguishing agents transported under
UN3500. This amendment is consistent with a new special packing
provision--PP97--added in the 21st revised edition of the UNMR 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 revision 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 UNMR extended the inspection period for
cylinders containing fire extinguishing agents transported under UN3500
because they are typically (1) inert chemicals with no 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,\29\ 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 UNMR, cylinders charged with a fire
extinguishing agent and intended for use in a fire suppression system
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 UNMR because the UNMR still do not allow cylinders
intended for use in fire suppression systems to be transported under
UN1044.
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\29\ 85 FR 85380 (Dec. 28, 2020).
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Because of this conflict in classification for similar items, PHMSA
extends 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 UNMR. 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. DGAC provided comments in support of this revision.
Additionally, DGAC requests that PHMSA consider expanding the retest
period for cylinders that are used for other hazard classes, such as
flammable liquids, that are not transported under pressures meeting the
definition of a compressed gas. PHMSA appreciates DGAC's comment;
however, expanding the retest period for cylinders containing other
hazardous classes is beyond the scope of this rulemaking and would
benefit from stakeholder input in a future rulemaking. PHMSA encourages
DGAC to consider submitting a petition for rulemaking in accordance
with Sec. 106.100 providing data and justification for why PHMSA
should expand the cylinder retest period when used in service for
hazardous materials other than gas.
D. Part 175
Section 175.8
Part 175 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 amends 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. These changes align the HMR with amendments
made to the ICAO Technical Instructions--as amended in Addendum 1--
published 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
[[Page 44969]]
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. Finally, in this final
rule, we are adjusting the regulatory text slightly from what was
proposed in the NPRM to clarify that the alcohol-based hand sanitizers
and alcohol-based cleaning products should be physically in the cabin
of the aircraft. We expect that this minor modification captures the
true intent of this exception more accurately. This amendment 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 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 adds 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
need to be individually protected to prevent short circuits when not in
use to ensure safe transport. PHMSA expects this 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 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 amends 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) for provisions pertaining to non-
radioactive medicinal and toilet articles). Currently, these materials
(i.e., Division 2.2 non-flammable gases) are only authorized in checked
baggage. Additionally, PHMSA is adding 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 revisions align the HMR with amendments made
to the ICAO Technical Instructions. In addition, these revisions are
consistent with special permit DOT-SP 21021,\30\ 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
revision 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.\31\
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\30\ 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>.
\31\ 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 safety devices and currently allows for the carriage of only
one device with the approval of the aircraft operator. PHMSA is
increasing 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 adds 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 revision will promote use of the
self-inflating personal safety devices. Specifically, it provides
passengers more flexibility when carrying self-inflating devices such
as lifejackets, 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 making several editorial revisions increases the clarity of this
section, and therefore would enhance the safety of hazardous materials
transported by aircraft. These revisions do not substantively change
current requirements of this section and they are intended only for
purposes of increasing the understanding of air stowage requirements.
The 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 revises paragraph (b) by separating the three
requirements into three subparagraphs each addressing a single stowage
requirement. In response to the NPRM, PHMSA received a comment from
Airbus suggesting that PHMSA also include reference to a Class F
compartment in Sec. 175.75(b). However, this comment is beyond the
scope of this rulemaking since PHMSA did not propose to include
requirements associated with Class F cargo compartments in the NPRM,
and therefore, is not included in this final rule. Additionally, PHMSA
encourages Airbus to submit a petition for rulemaking in accordance
with Sec. 106.100 providing data and arguments for why Class F cargo
compartments should be included in Sec. 175.75(b).
<bullet> Insertion of an additional distinct sentence in the
aforementioned 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). In the past, air carrier stakeholders have suggested to
PHMSA and FAA that the stowage
[[Page 44970]]
requirements would be clearer if this important requirement were
explicitly stated in Sec. 175.75. Therefore, PHMSA is specifying this
requirement in the stowage requirements as new 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.\32\ 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 is reinserting reference to Division 6.2 material in
Note 1.
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\32\ 78 FR 65453 (Oct. 31, 2013). This rule affected rules HM-
215K, HM-215L, HM-218G, 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 m
[…truncated; see source link]Indexed from Federal Register on July 26, 2022.
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.