Rule2024-06956
Hazardous Materials: Harmonization With International Standards
Primary source
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Published
April 10, 2024
Effective
May 10, 2024
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. PHMSA is also withdrawing the unpublished November 28, 2022, Notice of Enforcement Policy Regarding International Standards on the use of select updated international standards in complying with the HMR during the pendency of this rulemaking.
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[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Rules and Regulations]
[Pages 25434-25490]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06956]
[[Page 25433]]
Vol. 89
Wednesday,
No. 70
April 10, 2024
Part IV
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 171, 172, 173, et al.
Hazardous Materials: Harmonization With International Standards; Final
Rule
Federal Register / Vol. 89 , No. 70 / Wednesday, April 10, 2024 /
Rules and Regulations
[[Page 25434]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175, 176, 178, and 180
[Docket No. PHMSA-2021-0092 (HM-215Q)]
RIN 2137-AF57
Hazardous Materials: Harmonization With International Standards
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) to
maintain alignment with international regulations and standards by
adopting various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements. PHMSA is also withdrawing the unpublished November 28,
2022, Notice of Enforcement Policy Regarding International Standards on
the use of select updated international standards in complying with the
HMR during the pendency of this rulemaking.
DATES:
Effective date: This rule is effective May 10, 2024.
Voluntary compliance date: January 1, 2023.
Delayed compliance date: April 10, 2025.
Incorporation by reference date: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register on May 10, 2024.
FOR FURTHER INFORMATION CONTACT: Steven Andrews, Standards and
Rulemaking, or Candace Casey, Standards and Rulemaking, at 202-366-
8553, Pipeline and Hazardous Materials Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, East Building,
2nd Floor, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR Part 51
IV. Comment Discussion
V. Section-by-Section Review of Amendments
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Orders 12866 and 14094, and DOT Regulatory Policies
and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Environment Assessment
I. Privacy Act
J. Executive Order 13609 and International Trade Analysis
K. National Technology Transfer and Advancement Act
L. Executive Order 13211
M. Cybersecurity and Executive Order 14028
N. Severability
I. Executive Summary
As discussed in further detail in this final rule (see V. Section-
by-Section Review of Amendments), the Pipeline and Hazardous Materials
Safety Administration (PHMSA) amends certain sections of the Hazardous
Materials Regulations (HMR; 49 CFR parts 171 through 180) to maintain
alignment with international regulations and standards by adopting
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements.
Furthermore, this final rule addresses the 21 sets of comments received
in response to the Notice of Proposed Rulemaking (NPRM) \1\ published
in May 2023. Overall, the comments to the NPRM were generally
supportive of the proposals made; however, PHMSA did receive a few
comments seeking further clarification or revisions to the NPRM, which
PHMSA also addresses in this final rule. PHMSA expects that the
adoption of the regulatory amendments in this final rule will
facilitate transportation efficiency while maintaining the high safety
standard currently achieved under the HMR. For example, the final rule
will update several International Organization for Standards (ISO)
standards; revise requirements for the shipping of lithium batteries;
and set specification for the construction of Intermediate Bulk
Containers (IBCs) constructed from recycled resins. This final rule
will also align HMR requirements with anticipated increases in the
volume of lithium batteries transported in interstate commerce from
electrification of the transportation and other economic sectors. PHMSA
also notes that the harmonization of the HMR with international
consensus standards could reduce delays and interruptions of hazardous
materials during transportation. The amendments may also lower
greenhouse gas (GHG) emissions and safety risks, including risks to
minority, low income, underserved, and other disadvantaged populations,
and communities in the vicinity of interim storage sites and
transportation arteries and hubs. The following list summarizes the
more noteworthy amendments set forth in this final rule:
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\1\ 88 FR 34568 (May 30, 2023).
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<bullet> Incorporation by Reference: PHMSA is incorporating by
reference updated versions of the following international hazardous
materials regulations and standards: the 2023-2024 edition of the
International Civil Aviation Organization Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions); Amendment 41-22 to the International Maritime Dangerous
Goods Code (IMDG Code); and the 22nd revised edition of the United
Nations Recommendations on the Transport of Dangerous Goods--Model
Regulations (UN Model Regulations).
<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 (PSNs), hazard classes, packing groups (PGs),
special provisions (SPs), packaging authorizations, bulk packaging
requirements, and passenger and cargo-only aircraft maximum quantity
limits.
<bullet> Polymerizing Substances: In 2017--as part of the HM-215N
final rule \2\--PHMSA added four new Division 4.1 (flammable solid)
entries for polymerizing substances to the HMT and added defining
criteria, authorized packagings, and safety requirements, including,
but not limited to, stabilization methods and operational controls into
the HMR. These changes remained in effect until January 2, 2019, while
PHMSA used the interim period to review and research the implications
of the polymerizing substance amendments. In 2020--as part of the HM-
215O \3\ final rule--PHMSA extended the date the provisions remained in
effect from January 2, 2019, to January 2, 2023, to allow for the
additional research to be completed on the topic. In this final rule,
PHMSA is removing the phaseout date (January 2, 2023) from the
transport provisions for
[[Page 25435]]
polymerizing substances to allow for continued use of the provisions.
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\2\ 82 FR 15796 (Mar. 30, 2017).
\3\ 85 FR 27810 (May 11, 2020).
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<bullet> Cobalt dihydroxide powder containing not less than 10
percent respirable particles: PHMSA is adding a new entry to HMT,
``UN3550 Cobalt dihydroxide powder, containing not less than 10%
respirable particles,'' and corresponding packaging provisions. Cobalt
is a key strategic mineral used in various advanced medical and
technical applications around the world, including various types of
batteries. Historically, this hazardous material has been classified
and transported as a Class 9 material under ``UN3077, Environmentally
hazardous substance, solid, n.o.s.;'' however, testing required under
Registration, Evaluation, Authorisations and Restriction of Chemicals
(REACH) regulations \4\ for comprehensive GHS testing determined that
this material poses an inhalation toxicity hazard. Following this
determination, the 22nd revised edition of the UN Model Regulations
developed a new entry on the Dangerous Goods List (DGL) and packaging
authorizations specifically for this hazardous material to facilitate
continued global transport of this material. In this final rule, PHMSA
is adding a new entry for cobalt dihydroxide containing not less than
10 percent respirable particles and assigning it UN3550 in the HMT, in
addition to adding packaging provisions, including the authorization to
transport this material in flexible IBCs. PHMSA expects these
provisions will facilitate the continued transport of this material and
keep global supply chains open. See 172.101 of the V. Section-by-
Section Review of Amendments for additional discussion of these
amendments.
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\4\ Regulation (EC) No 1907/2006 of the European Parliament and
of the Council of 18 December 2006.
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<bullet> Lithium Battery Exceptions: PHMSA is removing the
exceptions provided for small lithium cells and batteries for
transportation by aircraft. This is consistent with the elimination of
similar provisions in the ICAO Technical Instructions. See 173.185 of
the V. Section-by-Section Review of Amendments for additional
discussion of these amendments.
All the amendments are expected to maintain the HMR's high safety
standard for the public and the environment. Additionally, PHMSA
anticipates that there are safety benefits to be derived from improved
compliance related to consistency amongst domestic and international
regulations. As further explained in the final regulatory impact
analysis (RIA), PHMSA expects that the benefits of each of the
amendments (both separately and in the aggregate) in this final rule
justify any associated compliance costs. PHMSA estimates that the
annualized quantified net cost savings of this rulemaking, using a two
percent discount rate, are approximately $6.3 to $14.7 million per
year.
II. Background
The Federal Hazardous Materials Transportation Law (49 U.S.C. 5101,
et seq.) directs PHMSA to participate in relevant international
standard-setting bodies and encourages alignment of the HMR with
international transport standards, as consistent with promotion of
safety and the public interest. See 49 U.S.C. 5120. This statutory
mandate reflects the importance of international standard-setting
activity, in light of the globalization of commercial transportation of
hazardous materials. Harmonization of the HMR with those efforts can
reduce the costs and other burdens of complying with multiple or
inconsistent safety requirements among nations. Consistency between the
HMR and current international standards can also enhance safety by:
<bullet> Ensuring that the HMR are informed by the latest best
practices and lessons learned.
<bullet> Improving understanding of, and compliance with, pertinent
requirements.
<bullet> Facilitating the flow of hazardous materials from their
points of origin to their points of destination, thereby avoiding risks
to the public and the environment from release of hazardous materials
due to delays or interruptions in the transportation of those
materials.
<bullet> Enabling consistent emergency response procedures in the
event of a hazardous materials incident.
PHMSA participates in the development of international regulations
and standards for the transportation of hazardous materials. It also
adopts within the HMR international consensus standards and regulations
consistent with PHMSA's safety mission. PHMSA reviews and evaluates
each international standard it considers for incorporation within the
HMR on its own merits, including the effects on transportation safety,
the environmental impacts, and any economic impact. PHMSA's goal is to
harmonize with international standards without diminishing the level of
safety currently provided by the HMR or imposing undue burdens on the
regulated community.
In final rule HM-181,\5\ PHMSA's predecessor--the Research and
Special Programs Administration (RSPA)--comprehensively revised the HMR
for greater consistency with the UN Model Regulations. The UN Model
Regulations constitute a set of recommendations issued by the United
Nations Sub-Committee of Experts (UNSCOE) on the Transport of Dangerous
Goods and on the Globally Harmonized System of Classification and
Labelling of Chemicals (GHS). The UN Model Regulations are amended and
updated biennially by the UNSCOE and serve as the basis for national,
regional, and international modal regulations, including the ICAO
Technical Instructions and IMDG Code.
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\5\ 55 FR 52401 (Dec. 21, 1990).
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PHMSA has evaluated recent updates to the international standards,
including review of numerous updated standards for the design,
manufacture, testing, and use of packagings, and is revising the HMR to
adopt changes consistent with revisions to the 2023-2024 edition of the
ICAO Technical Instructions, Amendment 41-22 to the IMDG Code, and the
22nd revised edition of the UN Model Regulations, all of which were
published by or in effect on January 1, 2023,\6\ while also ensuring
the changes are consistent with PHMSA's safety mission. Consequently,
PHMSA is incorporating by reference these revised international
regulations, several new or updated ISO standards, and a new
Organization for Economic Co-operation and Development (OECD) standard.
The regulations and standards incorporated by reference are authorized
for use for domestic transportation, under specific conditions, in part
171, subpart C of the HMR.
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\6\ Amendment 41-22 of the IMDG Code became mandatory on January
1, 2024. Voluntary compliance began on January 1, 2023.
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Lastly, PHMSA issued a Notice of Enforcement Policy Regarding
International Standards \7\ on November 28, 2022, stating that while
PHMSA was considering the 2023-2024 Edition of the ICAO Technical
Instructions and Amendment 41-22 to the IMDG Code for potential
adoption into the HMR, PHMSA and other federal agencies that enforce
the HMR--e.g., the Federal Railroad Administration, the Federal
Aviation Administration (FAA), the Federal Motor Carrier Safety
Administration, and the United States Coast Guard--would not take
enforcement action against any offeror or carrier who uses these
standards as an alternative to complying with current HMR requirements
when all or part of
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the transportation is by air with respect to the ICAO Technical
Instructions, or by vessel with respect to the IMDG Code. In addition,
that Notice stated PHMSA, and its modal partners, would not take
enforcement action against any offeror or carrier who offers or accepts
for domestic or international transportation by any mode packages
marked or labeled in accordance with those updated standards. PHMSA now
withdraws its November 28, 2022, Notice of Enforcement Policy Regarding
International Standards as of the effective date of this final rule.
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\7\ PHMSA, Notice of Enforcement Policy Regarding International
Standards (Nov. 28, 2022), <a href="https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/phmsa-notice-enforcement-policy-regarding-international">https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/phmsa-notice-enforcement-policy-regarding-international</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 numerous standards and specifications developed and published by
standard development organizations (SDO). In general, SDOs update and
revise their published standards every two to five years to reflect
modern technology and best technical practices. The National Technology
Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-113) directs
federal agencies to use standards developed by voluntary consensus
standards bodies in lieu of government-written standards whenever
possible. Voluntary consensus standards bodies develop, establish, or
coordinate technical standards using agreed-upon procedures. OMB issued
Circular A-119 to implement section 12(d) of the NTTAA relative to the
utilization of consensus technical standards by federal agencies. This
circular provides guidance for agencies participating in voluntary
consensus standards bodies and describes procedures for satisfying the
reporting requirements in the NTTAA. Accordingly, PHMSA is responsible
for determining which standards currently referenced in the HMR should
be updated, revised, or removed, and which standards should be added to
the HMR. Revisions to materials incorporated by reference in the HMR
are handled via the rulemaking process, which allows for the public and
regulated entities to provide input. During the rulemaking process,
PHMSA must also obtain approval from the Office of the Federal Register
to incorporate by reference any new materials. The Office of the
Federal Register issued a rulemaking \8\ that revised 1 CFR 51.5 to
require that an agency detail in the preamble of an NPRM the ways the
materials it proposes to incorporate by reference are reasonably
available to interested parties, or how the agency worked to make those
materials reasonably available to interested parties. Changes to the
materials incorporated by reference in the HMR are discussed in detail
in the Sec. 171.7 discussion in ``V. Section-by-Section Review of
Amendments'' section of this document.''
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\8\ 79 FR 66278 (Nov. 7, 2014).
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IV. Comment Discussion
In response to the NPRM, PHMSA received 21 sets of comments from
the following organizations and other interested parties:
American Association for https://www.regulations.gov/comment/
Laboratory Accreditation (A2LA). PHMSA-2021-0092-0011.
Anonymous......................... <a href="https://www.regulations.gov/comment/PHMSA-2021-0092-0004">https://www.regulations.gov/comment/PHMSA-2021-0092-0004</a>.
Airline Pilots Association https://www.regulations.gov/comment/
International (ALPA). PHMSA-2021-0092-0019.
Compressed Gas Association (CGA).. <a href="https://www.regulations.gov/comment/PHMSA-2021-0092-0010">https://www.regulations.gov/comment/PHMSA-2021-0092-0010</a>.
Council on Safe Transportation of https://www.regulations.gov/comment/
Hazardous Articles (COSTHA). PHMSA-2021-0092-0015.
Dangerous Goods Advisor........... <a href="https://www.regulations.gov/comment/PHMSA-2021-0092-0024">https://www.regulations.gov/comment/PHMSA-2021-0092-0024</a>.
Dangerous Goods Advisory Council https://www.regulations.gov/comment/
(DGAC). PHMSA-2021-0092-0009.
Dow Chemical Company.............. <a href="https://www.regulations.gov/comment/PHMSA-2021-0092-0014">https://www.regulations.gov/comment/PHMSA-2021-0092-0014</a>.
Entegris.......................... <a href="https://www.regulations.gov/comment/PHMSA-2021-0092-0006">https://www.regulations.gov/comment/PHMSA-2021-0092-0006</a>.
Entegris.......................... <a href="https://www.regulations.gov/comment/PHMSA-2021-0092-0005">https://www.regulations.gov/comment/PHMSA-2021-0092-0005</a>.
Entegris.......................... <a href="https://www.regulations.gov/comment/PHMSA-2021-0092-0007">https://www.regulations.gov/comment/PHMSA-2021-0092-0007</a>.
Entegris.......................... <a href="https://www.regulations.gov/comment/PHMSA-2021-0092-0021">https://www.regulations.gov/comment/PHMSA-2021-0092-0021</a>.
Entegris.......................... <a href="https://www.regulations.gov/comment/PHMSA-2021-0092-0018">https://www.regulations.gov/comment/PHMSA-2021-0092-0018</a>.
Hexagon Digital Wave, LLC......... <a href="https://www.regulations.gov/comment/PHMSA-2021-0092-0022">https://www.regulations.gov/comment/PHMSA-2021-0092-0022</a>.
Household Commercial Products https://www.regulations.gov/comment/
Association (HCPA). PHMSA-2021-0092-0017.
Institute of Hazardous Materials https://www.regulations.gov/comment/
Management (IHMM). PHMSA-2021-0092-0012.
Medical Device Transport Council https://www.regulations.gov/comment/
(MDTC). PHMSA-2021-0092-0016.
Nordco Inspection Technologies.... <a href="https://www.regulations.gov/comment/PHMSA-2021-0092-0022">https://www.regulations.gov/comment/PHMSA-2021-0092-0022</a>.
PRBA--The Rechargeable Battery https://www.regulations.gov/comment/
Association. PHMSA-2021-0092-0016.
Reusable Industrial Packaging https://www.regulations.gov/comment/
Association (RIPA). PHMSA-2021-0092-0008.
The Rigid Intermediate Bulk https://www.regulations.gov/comment/
Container Association, Inc. PHMSA-2021-0092-0016.
(RIBCA).
PHMSA received comments from the A2LA, ALPA, COSTHA, DGAC, HCPA,
MDTC, and PRBA, all providing general support for harmonization with
international standards with additional support from Entegris, and
Hexagon Digital Wave for the incorporation by reference of the ISO
standards applicable to cylinders.
Comments concerning the compliance date for the phaseout dates for
ISO standards, gas mixtures containing fluorine, IBCs manufactured from
recycled plastics, and comments outside the scope of this rulemaking
are discussed below. All other comments specific to proposed changes to
HMR sections are addressed in the ``V. Section-by-Section Review of
Amendments'' of this document.
A. Comments Outside the Scope of This Rulemaking
PHMSA received comments from HCPA and MDTC to reconsider the
definition of an aerosol in Sec. 171.8 in order to maintain alignment
with international regulations and standards. The commenters note that
the United Nations (UN) Model Regulations define an aerosol as an
article consisting of a non-refillable receptacle containing a gas,
compressed, liquefied or dissolved under pressure, with or without a
liquid, paste or powder, and fitted with a release device allowing the
contents to be ejected as solid or liquid particles in suspension in a
gas, as a foam, paste or powder, or in a liquid or gaseous state. The
HMR defines an aerosol in Sec. 171.8 as an article consisting of any
non-refillable receptacle containing a gas
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compressed, liquefied, or dissolved under pressure, the sole purpose of
which is to expel a nonpoisonous (other than a Division 6.1 Packing
Group III material) liquid, paste, or powder, and fitted with a self-
closing release device allowing the contents to be ejected by the gas.
PHMSA acknowledges the commenter's concerns over the HMR definition
of an aerosol not being harmonized with the UN Model Regulations.
However, PHMSA did not propose changes in the NPRM and, therefore,
declines to make such revisions in this final rule without further
evaluation by PHMSA subject matter experts and an opportunity for
stakeholders to comment on the issue. PHMSA will continue to evaluate
the potential harmonization of the aerosol definition with the
international regulations in conjunction with a petition request from
the Consumer Specialty Product Association (CSPA).\9\
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\9\ <a href="https://www.regulations.gov/docket/PHMSA-2017-0131/document">https://www.regulations.gov/docket/PHMSA-2017-0131/document</a>.
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PHMSA received comments from Entegris, Hexagon Digital Wave, and
Nordco Inspection Technologies suggesting that ISO 18119:2018, ``Gas
Cylinders--Seamless Steel And Seamless Aluminum-Alloy Gas Cylinders And
Tubes--Periodic Inspection and Testing,'' be incorporated by reference
into Sec. 171.7(w), and that Sec. 180.207(d)(1) and (d)(2) be revised
to reference ISO 18119:2018. The commenters note that ISO 6406:2005(E),
``Gas cylinders--Seamless steel gas cylinders--Periodic inspection and
testing,'' and ISO 10461:2005(E), ``Gas cylinders--Seamless aluminum-
alloy gas cylinders--Periodic inspection and testing,'' have now been
superseded by ISO 18119:2018 in the ISO catalogue. Further, the
commenters note that at the end of 2024, the UN Model Regulations will
no longer acknowledge ISO 6406:2005(E) and 10461:2005(E).
PHMSA acknowledges the comments for PHMSA to incorporate by
reference ISO 18119:2018 into Sec. 171.7(w), and revise Sec. 180.207
(d)(1) and (d)(2) to reference ISO 18119:2018. However, PHMSA did not
propose changes in the NPRM and, therefore, declines to make such
revisions in this final rule without further evaluation by PHMSA
subject matter experts and an opportunity for stakeholders to comment
on the issue. PHMSA has received petitions from both FIBA technologies
\10\ and Hazmat Safety Consulting \11\ proposing to incorporate by
reference ISO 18119:2018 into Sec. 171.1, and PHMSA plans to propose
this revision in an upcoming rulemaking.
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\10\ <a href="https://www.regulations.gov/docket/PHMSA-2020-0168/document">https://www.regulations.gov/docket/PHMSA-2020-0168/document</a>.
\11\ <a href="https://www.regulations.gov/document/PHMSA-2023-0088-0001">https://www.regulations.gov/document/PHMSA-2023-0088-0001</a>.
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IHMM submitted comments highlighting three accredited professional
certifications--the Certified Hazardous Materials Manager (CHMM), the
Certified Hazardous Materials Practitioner (CHMP), and the Certified
Dangerous Goods Professional (CDGP)--that demonstrate expertise in
managing hazardous materials, and recommends that PHMSA require
companies transporting hazardous materials to appoint certified
professionals responsible for regulatory compliance, similar to the
dangerous goods safety advisor required by the Agreement concerning the
International Carriage of Dangerous Goods by Road (ADR) within the
European Union (EU). IHMM believes that in addition to harmonizing
standards, governments should harmonize responsibility for the safe
transportation of hazardous materials and dangerous goods. IHMM
recommends that PHMSA use its authority to require certified
professionals oversee compliance at companies engaged in hazardous
materials transportation.
PHMSA acknowledges the IHMM's comment concerning certified
professionals. However, PHMSA did not propose such changes in the NPRM
and, therefore, declines to make such revisions in this final rule
without further evaluation by PHMSA subject matter experts and an
opportunity for stakeholders to comment on the issue. If the commenter
has a specific proposal, PHMSA encourages the commenter to submit a
petition for rulemaking in accordance with Sec. 106.100 of the HMR.
A2LA supports the proposed amendments and actions that are being
considered in this rulemaking to be consistent with international
standards to harmonize activities and promote greater safety and
efficiencies. A2LA also encourages PHMSA to take this a step further by
recommending that when testing is required, that laboratories approved
under ISO/IEC 17025, ``Testing and calibration laboratories,'' be
relied upon for testing activities. A2LA asserts that this will help
ensure data generated for HMR compliance is developed by accredited
bodies. A2LA adds that this revision would provide and establish a
framework for the harmonization of accreditation activities globally.
PHMSA acknowledges A2LA's comment concerning laboratories approved
under ISO/IEC 17025. However, PHMSA did not propose such changes in the
NPRM and, therefore, declines to make such revisions in this final rule
without further evaluation by PHMSA subject matter experts and an
opportunity for stakeholders to comment on the issue. If the commenter
has a specific proposal, PHMSA encourages the commenter to submit a
petition for rulemaking in accordance with Sec. 106.100 of the HMR.
B. Phaseout Dates for ISO Standards
CGA and Entegris submitted comments regarding the proposed
incorporation of ISO 11117:2019, ``Gas cylinders--Valve protection caps
and guards--Design, construction and tests,'' into Sec.
173.301b(c)(2)(ii). CGA and Entegris note that the language proposed in
Sec. 173.301b(c)(2)(ii) of the NPRM removes ISO 11117:2008 and creates
a phaseout date of December 31, 2026, for its use. To ensure the
continued use of existing caps made to previous editions of ISO 11117,
CGA and Entegris suggest a revision to Sec. 173.301b(c)(2)(ii) that
more closely aligns with sub-paragraph 4.1.6.1.8 of the 22nd edition of
the UN Model Regulations. The revision proposed by CGA and Entegris
would make it clear that valve caps manufactured up until December 31,
2026, under ISO 11117:2008 could continue to be used under the HMR. CGA
and Entegris add that the proposed text in the NPRM would result in an
unnecessary economic burden by mandating the replacement of valve
protection caps under the HMR that would remain authorized by the UN
Model Regulations. Entegris adds that consideration should be given to
permit the use of these older valve caps that adhere to ISO 11117:2008.
PHMSA concurs with CGA and Entegris that the intent of the language
in the UN Model Regulations was to allow the continued use of the valve
protection caps under ISO 11117:2008 provided they are manufactured
prior to December 31, 2026. As such, PHMSA is revising the text in
Sec. 173.301b(c)(2)(ii) to more closely align with the intent of the
UN Model Regulations and allow for the continued use of valve caps
manufactured prior to December 31, 2026, under ISO 11117:2008.
CGA also provided comments suggesting that PHMSA modify the
regulatory text for all the IBR ISO standards in Sec. Sec. 178.71 and
178.75 to permit the manufacturing of UN cylinders conforming to the
ISO standards being replaced until December 31, 2026, to better align
the HMR with the intent of the 22nd edition of the UN Model
Regulations. PHMSA concurs with CGA's comment that the intent of this
proposal was to closely align with the phaseout language in the
[[Page 25438]]
UN Model Regulations. As such, PHMSA has revised the text for the ISO
publications in Sec. Sec. 178.71 and 178.75 to better reflect the
phaseout dates as intended and represented in the UN Model Regulations.
C. Gas Mixtures Containing Fluorine
In the NPRM, PHMSA proposed a new special provision for UN pressure
receptacles containing fluorine mixed with inert gases. This proposal
was intended to provide flexibility for the maximum allowable working
pressure for cylinders containing fluorine gas when fluorine is part of
a less reactive gas mixture. This revision was supported due to pure
fluorine gas being highly reactive and restrictive, while gas mixtures
with small amounts of fluorine are less hazardous. The 22nd edition of
the UN Model Regulations allows for higher working pressures for
cylinders containing gas mixtures of fluorine with inert gases based on
the application of partial pressure calculations.
In the NPRM, PHMSA proposed to add special provision 441 to Sec.
172.102 to align with revisions made to the UN Model Regulations for
gas mixtures containing fluorine. The NPRM assigned special provision
441 to the proper shipping name ``UN1045, Fluorine, compressed'' in the
HMT. CGA and Entegris provided comments stating that the proposed
special provision 441 in the NPRM should not be applied to ``UN1045,
Fluorine, compressed,'' as mixtures of fluorine with inert gases and a
fluorine concentration <35% are no longer Hazard Zone A gases. The
commenters add that there is no scenario where a gas classified as
``UN1045, Fluorine compressed'' would be able to qualify for the
exception as proposed in special provision 441 of the NPRM. The
commenters add that special provision 441 should have been applied to
the n.o.s. entries: ``UN3306, Compressed gas, poisonous, oxidizing,
corrosive, n.o.s.;'' ``UN3156, Compressed gas, oxidizing, n.o.s.;'' and
``UN1956, Compressed gas, n.o.s.,'' as was done in the 22nd edition of
the UN Model Regulations. Entegris and CGA also note that the equations
in the NPRM for new special provision 441 have several editorial
errors. The amendments made to the UN Model Regulations provide two
calculations to calculate the MAWP for mixtures of fluorine and inert
gases with a fluorine concentration <35%, both of which contain
editorial errors.
PHMSA agrees with the commenters, and in this final rule PHMSA has
determined that special provision 441 as proposed in the NPRM would not
be appropriate to apply to ``UN1045, Fluorine, compressed.''
Additionally, PHMSA asserts that instead of applying a special
provision to all of the applicable UN numbers, it is more appropriate
to revise Sec. 173.302b by adding a paragraph (g) for gas mixtures
containing fluorine gases as was generally suggested by CGA.\12\ This
new paragraph in Sec. 173.302b(g)(5) that appears in this final rule
has the same wording as was proposed in special provision 441 of the
NPRM, with the additional editorial corrections for the partial
pressure calculations as suggested by Entegris. PHMSA asserts that by
placing these flexibilities in Sec. 173.302b(g), gas mixtures
containing fluorine gas will be permitted to take the flexibilities as
allowed under the UN Model Regulations.
---------------------------------------------------------------------------
\12\ PHMSA notes that in a separate rulemaking (HM-219D,
``Adoption of Miscellaneous Petitions and Updating Regulatory
Requirements'') that will be published and codified before this
final rule, it is adopting a new paragraph (f) within Sec.
173.302b.
---------------------------------------------------------------------------
D. IBCs Manufactured From Recycled Plastics
In the NPRM, PHMSA proposed to revise Sec. Sec. 178.706(c)(3) and
178.707(c)(3) to allow for the manufacturing of rigid and composite
IBCs manufactured from recycled plastics. The NPRM proposed to allow
the construction of IBCs from recycled plastics with the approval of
the Associate Administrator, consistent with a change adopted in the
22nd revised edition of the UN Model Regulations. In the NPRM, PHMSA
proposed including a slight variation from the international provision
by requiring prior approval by the Associate Administrator for use of
recycled plastics in the construction of IBCs manufactured from
recycled plastics.
RIBCA submitted comments expressing disagreement with the proposed
requirement for manufacturers to obtain case-by-case approval from
PHMSA's Associate Administrator prior to using recycled plastic in the
manufacturing of rigid and composite IBCs. RIBCA argued the PHMSA
proposal is inconsistent with the UN Model Regulations, which allow the
use of recycled plastics meeting a specified definition without any
competent authority approval. RIBCA also questioned PHMSA's rationale
that approvals are needed due to lack of HMR requirements for
manufacturer quality assurance programs, noting these are already
integral to ensuring IBC integrity. Further, RIBCA stated that the
performance-oriented packaging requirements in the HMR should
sufficiently address any safety issues with recycled plastics, as
demonstrated by the millions of UN plastic drums and jerricans
successfully produced with recycled plastics. RIBCA mentioned that due
to constraints under the Administrative Procedure Act, the changes they
recommend may fall outside the scope of revisions PHMSA could make in a
final rule. Overall, RIBCA recommended that PHMSA align the HMR with
the UN Model Regulations and authorize recycled plastic in the
manufacturing of IBCs without additional competent authority approvals.
PHMSA acknowledges RIBCAs comments and notes that, in the NPRM,
PHMSA stated that the UN Model Regulations incorporate quality
assurance program requirements that require recognition by a governing
body. By requiring approval of the Associate Administrator, PHMSA is
able to maintain oversight of procedures, such as batch testing, that
manufacturers will use to ensure the quality of recycled plastics used
in the construction of recycled plastic IBCs. PHMSA asserts that the
proposals in the NPRM are consistent with the intent of the UN Model
Regulations.
Additionally, PHMSA is currently conducting research to develop an
Agency-wide policy on packages manufactured from recycled plastics. On
April 14, 2023,\13\ PHMSA published a request for information (RFI)
pertaining to how the potential use of recycled plastic resins in the
manufacturing of specification packagings may affect hazardous
materials transportation safety. In response to the RFI, PHMSA received
nine comments and is currently evaluating those comments in order to
determine an Agency-wide policy on recycled plastics in packagings.
Until this analysis is complete and PHMSA is ready to deploy an Agency-
wide policy, PHMSA asserts it is prudent for now to leave in the
requirement to obtain a competent authority approval prior to the
manufacturing of IBCs made from recycled plastics. PHMSA also notes
that RIPA, DGAC, and Dow Chemical provided comments to the NPRM in
support of these revisions as written.
---------------------------------------------------------------------------
\13\ <a href="https://www.federalregister.gov/documents/2023/04/14/2023-07869/hazardous-materials-request-for-feedback-on-recycled-plastics-policy">https://www.federalregister.gov/documents/2023/04/14/2023-07869/hazardous-materials-request-for-feedback-on-recycled-plastics-policy</a>.
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V. Section-by-Section Review of Amendments
The following is a section-by-section review of amendments to
harmonize the HMR with international regulations and standards.
[[Page 25439]]
A. Part 171
Section 171.7
Section 171.7 provides a listing of all voluntary consensus
standards incorporated by reference into the HMR, as directed by the
NTTAA. PHMSA evaluated updated international consensus standards
pertaining to PSNs, hazard classes, PGs, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements. PHMSA contributed to the development of those standards--
each of which build on the well-established and documented safety
histories of earlier editions--as it participated in the discussions
and working group activities associated with their proposal, revision,
and approval. Those activities, in turn, have informed PHMSA's
evaluation of the effect the updated consensus standards will have on
safety, when incorporated by reference and with provisions adopted into
the HMR. Further, PHMSA notes that some of the consensus standards
incorporated by reference within the HMR in this final rule have
already been adopted into the regulatory schemes of other countries.
Additionally, as noted above, PHMSA has issued past enforcement
discretions authorizing the use of the consensus standards as an
interim strategy for complying with current HMR requirements. PHMSA is
not aware of adverse safety impacts from that operational experience.
For these reasons, PHMSA expects their incorporation by reference will
maintain the high safety standard currently achieved under the HMR.
PHMSA received comments from ALPA, CGA, COSTHA, DGAC, Entegris, and
Hexagon Digital Wave that were generally supportive of the proposals to
incorporate by reference the latest versions of the international
standards. Therefore, PHMSA is adding or revising the following
incorporation by reference materials.\14\
---------------------------------------------------------------------------
\14\ All other standards that are set out as part of the
regulatory text of Sec. 171.7(w) were previously approved for
incorporation by reference.
---------------------------------------------------------------------------
<bullet> In paragraph (t)(1), incorporate by reference the 2023-
2024 edition of the ICAO Technical Instructions, to replace the 2021-
2022 edition, which is currently referenced in Sec. Sec. 171.8; 171.22
through 171.24; 172.101; 172.202; 172.401; 172.407; 172.512; 172.519;
172.602; 173.56; 173.320; 175.10, 175.33; and 178.3. The ICAO Technical
Instructions specify detailed instructions for the international safe
transport of dangerous goods by air. The requirements in the 2023-2024
edition have been amended to align better with the 22nd revised edition
of the UN Model Regulations and the International Atomic Energy Agency
(IAEA) Regulations for the Safe Transport of Radioactive Material.
Notable changes in the 2023-2024 edition of the ICAO Technical
Instructions include new packing and stowage provisions, new and
revised entries on its Dangerous Goods List, and editorial corrections.
The 2023-2024 edition of the ICAO Technical Instructions is available
for purchase on the ICAO website at <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 2022
edition of the IMDG Code, Incorporating Amendment 41-22 (English
Edition), to replace Incorporating Amendment 40-20, 2020 Edition, which
is currently referenced in Sec. Sec. 171.22; 171.23; 171.25; 172.101;
172.202; 172.203; 172.401; 172.407; 172.502; 172.519; 172.602; 173.21;
173.56; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140;
176.720; 176.906; 178.3; and 178.274. The IMDG Code is a unified
international code that outlines standards and requirements for the
transport of dangerous goods by sea (i.e., by vessel). Notable changes
in Amendment 41-22 of the IMDG Code include new packing and stowage
provisions, new and revised entries on its Dangerous Goods List, and
editorial corrections. Distributors of the IMDG Code can be found on
the International Maritime Organization (IMO) website at: <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:
<bullet> ISO 9809, Parts 1 through 3. ISO 9809 is comprised of four
parts (ISO 9809-1 through 9809-4) and specifies minimum requirements
for the material, design, construction, and workmanship; manufacturing
processes; and examination and testing at time of manufacture for
various types of refillable seamless steel gas cylinders and tubes.
PHMSA is incorporating by reference the most recent versions of Parts 1
through 3.
<bullet> Incorporate by reference the third edition of ISO 9809-
1:2019(E), ``Gas cylinders--Design, construction and testing of
refillable seamless steel gas cylinders and tubes--Part 1: Quenched and
tempered steel cylinders and tubes with tensile strength less than 1100
Mpa,'' in paragraph (w)(32). Additionally, PHMSA is allowing a sunset
date of December 31, 2026, for continued use and phase out of the
second edition of ISO 9809-1:2010, which is currently referenced in
Sec. 178.37, Sec. 178.71, and Sec. 178.75. PHMSA clarified in the
``IV: Comment Discussion'' section of this final rule that the phaseout
date of December 31, 2026, applies to the manufacturing of cylinders
and tubes with tensile strength below 1100 Mpa under ISO 9809-1:2010.
Cylinders manufactured before December 31, 2026, under ISO 9809-1:2010
are authorized under the HMR. Part 1 of ISO 9809 is applicable to
cylinders and tubes for compressed, liquefied, and dissolved gases, and
for quenched and tempered steel cylinders and tubes with a maximum
actual tensile strength of less than 1100 MPa, which is equivalent to
U.S. customary unit of about 160,000 psi. As part of its periodic
review of all standards, ISO reviewed ISO 9809-1:2010(E) and published
an updated version, ISO 9809-1:2019(E), which was published in 2019 and
adopted in the 22nd revised edition of the UN Model Regulations. The
updated standard has technical revisions including limiting the bend
test only for prototype tests. Updating references to this document
aligns the HMR with changes adopted in the 22nd revised edition of the
UN Model Regulations pertaining to the design and construction of UN
cylinders. PHMSA has reviewed this edition as part of its regular
participation in the review of amendments for the UN Model Regulations
and concludes incorporation of the revised third edition will maintain
or improve the safety standards associated with its use.
<bullet> Incorporate by reference the third edition of ISO 9809-
2:2019(E), ``Gas cylinders--Design, construction and testing of
refillable seamless steel gas cylinders and tubes--Part 2: Quenched and
tempered steel cylinders and tubes with tensile strength greater than
or equal to 1100 MPa,'' in paragraph (w)(35). ISO 9809-2:2019 is the
third edition of ISO 9809-2. Additionally, PHMSA is adding a sunset
date of December 31, 2026, for continued use and phaseout of the second
edition of ISO 9809-2:2010, which is currently referenced in Sec.
178.71 and Sec. 178.75. PHMSA clarified in the ``Section IV: Comment
Discussion'' section of this final rule that the phaseout date of
December 31, 2026, applies to the manufacturing of cylinder under ISO
9809-2:2010. Cylinders manufactured before December 31, 2026, under ISO
9809-2:2010 are authorized under the HMR. ISO 9809-2:2019 specifies
minimum requirements for the material, design, construction and
workmanship;
[[Page 25440]]
manufacturing processes; and examination and testing at time of
manufacture for refillable seamless steel gas cylinders and tubes with
water capacities up to and including 450 L. Part 2 of ISO 9809 is
applicable to cylinders and tubes for compressed, liquefied, and
dissolved gases, and for quenched and tempered steel cylinders and
tubes with an actual tensile strength greater than or equal to 1100
MPa. As part of its periodic review of all standards, ISO reviewed ISO
9809-2:2010 and published an updated version, ISO 9809-2:2019, in 2019;
this updated version was adopted in the 22nd revised edition of the UN
Model Regulations. The updated standard has technical revisions
including expanded cylinder size (i.e., allowed water capacity is
extended from below 0.5 L up to and including 450 L); the introduction
of specific batch sizes for tubes; limiting the bend test only for
prototype tests; the addition of test requirements for check analysis
(tolerances modified); and the addition of new test requirements for
threads. Updating references to this document aligns the HMR with
changes adopted in the 22nd revised edition of the UN Model Regulations
pertaining to the design and construction of UN cylinders. PHMSA has
reviewed this edition as part of its regular participation in the
review of amendments for the UN Model Regulations and concludes
incorporation of the revised third edition will maintain or improve the
safety standards associated with its use.
<bullet> Incorporate by reference the third edition of ISO 9809-
3:2019(E), ``Gas cylinders--Design, construction and testing of
refillable seamless steel gas cylinders and tubes--Part 3: Normalized
steel cylinders and tubes'' in paragraph (w)(38). Additionally, PHMSA
is allowing a sunset date of December 31, 2026, for continued use
phaseout of the second edition of ISO 9809-3:2010, which is currently
referenced in Sec. 178.71 and Sec. 178.75. PHMSA clarified in the
``Section IV: Comment Discussion'' section of this final rule that the
phaseout date of December 31, 2026, applies to the manufacturing of
cylinders under ISO 9809-3:2010. Cylinders manufactured before December
31, 2026, under ISO 9808-3:2010 would still be authorized under the
HMR. ISO 9809-3 is applicable to cylinders and tubes for compressed,
liquefied, and dissolved gases, and for normalized, or normalized and
tempered, steel cylinders and tubes. As part of its periodic review of
all standards, ISO reviewed ISO 9809-3:2010 and published an updated
version, ISO 9809-3:2019. The updated standard has technical revisions
including: a wider scope of cylinders (i.e., allowed water capacity is
extended from below 0.5 L up to and including 450 L); the introduction
of specific batch sizes for tubes; limiting the bend test only for
prototype tests; the addition of test requirements for check analysis
(tolerances modified); and the addition of new test requirements for
threads. Updating references to the 2019 edition aligns the HMR with
changes adopted in the 22nd revised edition of the UN Model
Regulations, which added this version pertaining to the design and
construction of UN cylinders. PHMSA has reviewed this edition as part
of its regular participation in the review of amendments for the UN
Model Regulations and concludes incorporation of the revised third
edition will maintain or improve the safety standards associated with
its use.
<bullet> Incorporate by reference supplemental amendment ISO
10462:2013/Amd 1:2019(E), ``Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance--Amendment 1,'' in paragraph
(w)(48). This amendment adds a reference to ISO 10462:2013/Amd
1:2019(E) in Sec. 180.207(d)(3), where ISO 10462:2013 is currently
required, and adds a sunset date of December 31, 2024, for continued
use and phaseout of ISO 10462:2013 without the supplemental amendment.
ISO 10462:2013 specifies requirements for the periodic inspection of
acetylene cylinders as required for the transport of dangerous goods
and for maintenance in connection with periodic inspection. It applies
to acetylene cylinders with and without solvent, and with a maximum
nominal water capacity of 150 L. As part of a periodic review of its
standards, ISO reviewed ISO 10462:2013, and in June 2019 published a
short supplemental amendment, ISO 10462:2013/Amd 1:2019. The
supplemental document includes updates such as simplified marking
requirements for rejected cylinders. Updating references to this
document aligns the HMR with documents referenced in the 22nd revised
edition of the UN Model Regulations pertaining to the requalification
procedures for acetylene UN cylinders. PHMSA has reviewed this edition
as part of its regular participation in the review of amendments for
the UN Model Regulations and concludes the incorporation of the
supplemental document maintains the HMR safety standards for use of
acetylene cylinders.
<bullet> Incorporate by reference the third edition of ISO
11117:2019(E), ``Gas cylinders--Valve protection caps and guards--
Design, construction and tests,'' in paragraph (w)(56). This amendment
authorizes the use of the third edition until further notice, and adds
an end date of December 31st, 2026, to the authorization for use of the
second edition--ISO 11117:2008--and the associated corrigendum, which
are currently referenced in Sec. 173.301b. ISO 11117 specifies the
requirements for valve protection caps and valve guards used on
cylinders for liquefied, dissolved, or compressed gases. The changes in
this revised standard pertain to the improvement of the
interoperability of both the valve protection caps and the valve
guards, with the cylinders and the cylinder valves. To that end, the
drop test, the marking, and test report requirements have been revised
and clarified. Updating references to this document aligns the HMR with
changes adopted in the 22nd revised edition of the UN Model Regulations
pertaining to valve protection on UN pressure receptacles. PHMSA has
reviewed this edition as part of its regular participation in the
review of amendments for the UN Model Regulations and does not expect
any degradation of safety standards in association with its use.
<bullet> Incorporate by reference ISO 11118:2015/Amd 1:2019(E),
``Gas cylinders--Non-refillable metallic gas cylinders--Specification
and test methods--Amendment 1,'' in paragraph (w)(59). ISO 11118:2015/
Amd 1:2019(E) is a short supplemental amendment that is intended to be
used in conjunction with ISO 11118:2015, which is currently referenced
in Sec. 178.71. This amendment authorizes the use of this supplemental
amendment in conjunction with ISO 11118:2015 until further notice, and
adds an end date of December 31, 2026, until which ISO 11118:2015 may
continue to be used without this supplemental amendment. ISO
11118:2015, which specifies minimum requirements for the material,
design, inspections, construction and workmanship; manufacturing
processes; and tests at manufacture of non-refillable metallic gas
cylinders of welded, brazed, or seamless construction for compressed
and liquefied gases, including the requirements for their non-
refillable sealing devices and their methods of testing. ISO
11118:2015/Amd 1:2019 corrects the identity of referenced clauses and
corrects numerous typographical errors. The amendment
[[Page 25441]]
also includes updates to the marking requirements in the normative
Annex A, which includes clarifications, corrections, and new testing
requirements. Updating references to this document aligns the HMR with
documents referenced in the 22nd revised edition of the UN Model
Regulations pertaining to non-refillable UN cylinders. PHMSA has
reviewed this amended document as part of its regular participation in
the review of amendments for the UN Model Regulations and determined
the added corrections and clarifications provide important additional
utility for users of ISO 11118:2015(E). PHMSA does not expect any
degradation of safety standards in association with its use and expects
updates to these safety standards may provide an additional level of
safety.
<bullet> Incorporate by reference ISO 11513:2019, ``Gas cylinders--
Refillable welded steel cylinders containing materials for sub-
atmospheric gas packaging (excluding acetylene)--Design, construction,
testing, use and periodic inspection,'' in paragraph (w)(71). ISO
11513:2019 is the second edition of ISO 11513. This amendment
authorizes the use of the second edition and adds an end date to the
authorization for use of the first edition, ISO 11513:2011 (including
Annex A), which is currently referenced in Sec. 173.302c, Sec.
178.71, and Sec. 180.207. ISO 11513 specifies minimum requirements for
the material, design, construction, workmanship, examination, and
testing at manufacture of refillable welded steel cylinders for the
sub-atmospheric pressure storage of liquefied and compressed gases. The
second edition has been updated to amend packing instructions and
remove a prohibition on the use of ultrasonic testing during periodic
inspection. Updating references to this document aligns the HMR with
documents referenced in the 22nd revised edition of the UN Model
Regulations pertaining to the shipment of adsorbed gases in UN pressure
receptacles. PHMSA has reviewed this edition as part of its regular
participation in the review of amendments for the UN Model Regulations
and does not expect any degradation of safety standards in association
with its use and expects updates to these safety standards may provide
an additional level of safety.
<bullet> Incorporate by reference ISO 16111:2018, ``Transportable
gas storage devices--Hydrogen absorbed in reversible metal hydride,''
in paragraph (w)(80). ISO 16111:2018 is the second edition of ISO
16111. This amendment authorizes the use of the second edition until
further notice, and adds an end date of December 31, 2026, on the
authorization to use the first edition, ISO 16111:2008, which is
referenced in Sec. Sec. 173.301b, 173.311, and 178.71. PHMSA clarified
in the ``Section IV: Comment Discussion'' section of this final rule
that the phaseout date of December 31, 2026, applies to the
manufacturing of metal hydride storage devices under ISO 16111:2008.
Metal hydride storage systems manufactured before December 31, 2016,
under ISO 16111:2009 are still authorized under the HMR. ISO 16111
defines the requirements applicable to the material, design,
construction, and testing of transportable hydrogen gas storage
systems, which utilize shells not exceeding 150 L internal volume and
having a maximum developed pressure not exceeding 25 MPa. This updated
standard includes additional information pertaining to service
temperature conditions that have been described in detail; new
references related to shell design; modified drop test conditions;
modified acceptance criteria for leak testing; modified hydrogen
cycling conditions; new warning labelling; and updated information on
safety data sheets. Updating references to this document aligns the HMR
with documents referenced in the 22nd revised edition of the UN Model
Regulations pertaining to metal hydride storage systems. PHMSA has
reviewed this edition as part of its regular participation in the
review of amendments for the UN Model Regulations and expects updates
to these safety standards may provide an additional level of safety.
<bullet> Incorporate by reference ISO 17871:2020(E), ``Gas
cylinders--Quick-release cylinder valves--Specification and type
testing,'' in paragraph (w)(83). ISO 17871:2020 is the second edition
of ISO 17871. This amendment authorizes the use of the second edition
and adds an end date of December 31, 2026, to the authorization for use
of the first edition, ISO 17871:2015(E), which is currently referenced
in 173.301b. This document, in conjunction with ISO 10297 and ISO
14246, specifies design, type testing, marking, manufacturing tests,
and examination requirements for quick-release cylinder valves intended
to be fitted to refillable transportable gas cylinders, pressure drums,
and tubes that convey certain gases, such as compressed or liquefied
gases, or extinguishing agents charged with compressed gases to be used
for fire-extinguishing, explosion protection, and rescue applications.
As part of its regular review of its standards, ISO updated and
published the second edition of ISO 17871 as ISO 17871:2020. The 2020
edition of this standard broadens the scope to include quick release
valves for pressure drums and tubes, and specifically excludes the use
of quick release valves with flammable gases. Other notable changes
include the addition of the valve burst test pressure; the deletion of
the flame impingement test; and the deletion of internal leak tightness
test at -40 [deg]C for quick release cylinder valves used only for
fixed fire-fighting systems installed in buildings. Updating references
to this document aligns the HMR with changes adopted in the 22nd
revised edition of the UN Model Regulations pertaining to the shipment
of gases in UN pressure receptacles. PHMSA has reviewed this edition as
part of its regular participation in the review of amendments for the
UN Model Regulations and does not expect any degradation of safety
standards in association with its use.
<bullet> Incorporate by reference ISO 21172-1:2015/Amd 1:2018,
``Gas cylinders--Welded steel pressure drums up to 3000 litres capacity
for the transport of gases--Design and construction--Part 1: Capacities
up to 1000 litres--Amendment 1,'' in paragraph (w)(89). ISO 21172-
1:2015/Amd1:2018 is a short supplemental amendment intended to be used
in conjunction with ISO 21172-1:2015, which is currently referenced in
Sec. 178.71. This amendment authorizes the use of this supplemental
document in conjunction with the first edition, ISO 21172-1:2015. It
also adds an end date of December 31, 2026, until which ISO 21172-
1:2015 may continue to be used without this supplemental amendment. ISO
21172-1:2015 specifies the minimum requirements for the material,
design, fabrication, construction, workmanship, inspection, and testing
at manufacture of refillable welded steel gas pressure drums of volumes
150 L to 1,000 L, and up to 300 bar (30 MPa) test pressure for
compressed and liquefied gases. This supplemental amendment includes
updated references and removes the restriction on corrosive substances.
Updating references to this document aligns the HMR with documents
referenced in the 22nd revised edition of the UN Model Regulations
pertaining to the design and construction of UN pressure drums. PHMSA
has reviewed this edition as part of its regular participation in the
review of amendments for the UN Model Regulations and does not expect
any
[[Page 25442]]
degradation of safety standards in association with its use.
<bullet> Incorporate by reference ISO 23088:2020, ``Gas cylinders--
Periodic inspection and testing of welded steel pressure drums--
Capacities up to 1000 l,'' in paragraph (w)(91). This amendment
incorporates by reference the first edition of ISO 23088, which
specifies the requirements for periodic inspection and testing of
welded steel transportable pressure drums of water capacity from 150 L
up to 1,000 L, and up to 300 bar (30 MPa) test pressure intended for
compressed and liquefied gases in Sec. 180.207. This new standard was
adopted in the 22nd revised edition of the UN Model Regulations because
it fulfills the need for specific periodic inspection instructions for
pressure drums constructed in accordance with ISO 21172-1.
Incorporating by reference this document aligns the HMR with standards
adopted in the 22nd revised edition of the UN Model Regulations
pertaining to the design, construction, and inspection of UN pressure
drums. PHMSA has reviewed this document as part of its regular
participation in the review of amendments for the UN Model Regulations
and expects that its addition will facilitate the continued use of UN
pressure drums with no degradation of safety.
<bullet> In paragraph (aa)(3), incorporate by reference the OECD
Guidelines for the Testing of Chemicals, ``Test No. 439: In Vitro Skin
Irritation: Reconstructed Human Epidermis Test Method'' (2015). This
Test Guideline (TG) provides an in vitro procedure that may be used for
the hazard identification of irritant chemicals. PHMSA is amending the
HMR to reference this test in Sec. 173.137, and to authorize the use
of this test method in addition to those already referenced in that
section. This test method is used to specifically exclude a material
from classification as corrosive, and to maintain alignment with the
22nd revised edition of the UN Model Regulations. This test method
provides an in vitro procedure that may be used for the hazard
identification of irritant chemicals (substances and mixtures). OECD
test methods can be found in the OECD iLibrary available at <a href="https://www.oecd-ilibrary.org">https://www.oecd-ilibrary.org</a>.
<bullet> In paragraph (dd), incorporate by reference United Nations
standards including:
[rarr] ``The Recommendations on the Transport of Dangerous Goods--
Model Regulations,'' 22nd revised edition (2021), Volumes I and II, in
paragraph (dd)(1), which are referenced in Sec. Sec. 171.8; 171.12;
172.202; 172.401; 172.407; 172.502; 172.519; 173.22; 173.24; 173.24b;
173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; and 178.274. The
Model Regulations provide framework provisions promoting uniform
development of national and international regulations governing the
transportation of hazardous materials by various modes of transport. At
its tenth session on December 11, 2020, the UNSCOE on the Transport of
Dangerous Goods adopted amendments to the UN Model Regulations on the
Transport of Dangerous Goods concerning, inter alia, electric storage
systems (including modification of the lithium battery mark and
provisions for transport of assembled batteries not equipped with
overcharge protection); requirements for the design, construction,
inspection, and testing of portable tanks with shells made of fiber
reinforced plastics (FRP) materials; modified listings of dangerous
goods; and additional harmonization with the IAEA Regulations for the
Safe Transport of Radioactive Material. PHMSA participates in the
development of the UN Model Regulations and has determined that the
amendments adopted in the 22nd revised edition support the safe
transport of hazardous materials and as such are appropriate for
incorporation in the HMR. The 22nd revised edition of the UN Model
Regulations is available online at <a href="https://unece.org/transport/dangerous-goods/un-model-regulations-rev-22">https://unece.org/transport/dangerous-goods/un-model-regulations-rev-22</a>.
[rarr] ``The Manual of Tests and Criteria, Amendment 1 to the
Seventh revised edition'' (Rev.7/Amend.1) (2021), in paragraph
(dd)(2)(ii), which is referenced in Sec. Sec. 171.24, 172.102; 173.21;
173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 173.127;
173.128; 173.137; 173.185; 173.220; 173.221; 173.224; 173.225; 173.232;
part 173, appendix H; 175.10; 176.905; and 178.274. The Manual of Tests
and Criteria contains instruction for the classification of hazardous
materials for purposes of transportation according to the UN Model
Regulations. At its tenth session, the Committee of Experts on the
Transport of Dangerous Goods and on the Globally Harmonized System of
Classification and Labelling of Chemicals adopted a set of amendments
to the seventh revised edition of the Manual, which were circulated and
collected in amendment 1 to the seventh revised edition. The new
amendments adopted in December 2020 pertain to the transport of
explosives, including alignment with revised Chapter 2.1 of the GHS,
classification of self-reactive substances and polymerizing substances,
and the assessment of the thermal stability of samples and temperature
control assessment for transport of self-reactive substances and
organic peroxides. PHMSA has reviewed and approved the amendments
adopted in this document and further expects that their incorporation
in the HMR will provide an additional level of safety. PHMSA is
incorporating by reference this document as a supplement, to be used in
conjunction with the seventh revised edition (2019). The amendments to
the manual can be accessed at <a href="https://unece.org/transport/dangerous-goods/rev7-files">https://unece.org/transport/dangerous-goods/rev7-files</a>.
[rarr] ``Globally Harmonized System of Classification and Labelling
of Chemicals (GHS),'' ninth revised edition (2021) in paragraph
(dd)(3), which is referenced in Sec. 172.401. The GHS standard
provides a basic scheme to identify and communicate the hazards of
substances and mixtures. At its tenth session on December 11, 2020, the
Committee of Experts on the Transport of Dangerous Goods and on the
Globally Harmonized System of Classification and Labelling of Chemicals
adopted a set of amendments to the eighth revised edition of the GHS
which include, inter alia: revisions to Chapter 2.1 (explosives) to
better address their explosion hazard when they are not in their
transport configuration; revisions to decision logics; revisions to
classification and labelling summary tables in Annex 1; revisions and
additional rationalization of precautionary statements; and updates of
references to OECD test guidelines for the testing of chemicals in
Annexes 9 and 10. PHMSA has reviewed and approved the amendments
incorporated in this document and further expects that its
incorporation in the HMR will provide an additional level of safety.
The ninth revised edition of the GHS can be accessed at <a href="https://unece.org/transport/standards/transport/dangerous-goods/ghs-rev9-2021">https://unece.org/transport/standards/transport/dangerous-goods/ghs-rev9-2021</a>.
Section 171.12
Section 171.12 prescribes requirements for shipments of hazardous
materials in North America, including use of the Transport Canada (TC)
Transportation of Dangerous Goods (TDG) Regulations. In rule HM-
215N,\15\ PHMSA amended the HMR to expand recognition of cylinders and
pressure receptacles, and certificates of equivalency--Transport
Canada's equivalent of a special permit--approved in accordance with
the TDG Regulations. The goal of these amendments was to promote
flexibility; permit the use of modern technology for
[[Page 25443]]
the requalification and use of pressure receptacles; expand the
universe of pressure receptacles authorized for use in hazardous
material transport; reduce the need for special permits; and facilitate
cross-border transportation of these pressure receptacles. In
accordance with Sec. 171.12(a)(4), when the provisions of the HMR
require the use of either a DOT specification or a UN pressure
receptacle for transport of a hazardous material, a packaging
authorized by Transport Canada's TDG Regulations may be used only if it
corresponds to the DOT specification or UN standard. HM-215N revised
paragraph (a)(4)(iii) to include a table listing Canadian Railway
Commission (CRC), Board of Transport Commissioners for Canada (BTC),
Canadian Transport Commission (CTC), or Transport Canada (TC)
specification cylinders, in accordance and full conformance with the
TDG Regulations, that correspond with a DOT specification cylinder.
---------------------------------------------------------------------------
\15\ 82 FR 15796 (Mar. 30, 2017).
---------------------------------------------------------------------------
However, currently there are no TC specification cylinders
corresponding to DOT specification cylinders listed in the table for
DOT-8 and DOT-8AL cylinders used to transport acetylene. During the
development of HM-215N, PHMSA conducted a comparative analysis of DOT
and TC cylinder specifications, and only those TC cylinder
specifications that corresponded directly to DOT cylinder
specifications were included. As a result, PHMSA did not include TC-8WM
and TC-8WAM specifications for the transport of acetylene in the table
of corresponding cylinders at Sec. 171.12(a)(4)(iii). This omission
was primarily due to concerns over differing solvent authorizations,
calculations, and methods of construction for the design associated
with the TC-8WM and TC-8WAM specifications. PHMSA conducted a second
comparative analysis of DOT and TC cylinder specifications for
transport of acetylene and concluded that the initial concerns were
unwarranted. Therefore, PHMSA is adding TC-8WM and TC-8WAM
specifications to the table of corresponding DOT specifications in
Sec. 171.12(a)(4)(iii) as comparable cylinders to DOT-8 and DOT-8AL,
respectively. PHMSA's supplemental review indicates the differences
between the TC and DOT specifications for transport of acetylene are
minor, and the standard for safety of transportation of acetylene in
cylinders under the HMR is maintained. This amendment allows for TC
acetylene cylinders manufactured in Canada to be filled, used, and
requalified (including rebuild, repair, and reheat-treatment) in the
United States, facilitating cross border movement of acetylene and
eliminating the need for a special permit to allow transport of
acetylene in these TC-8WM and TC-8AWM cylinders while maintaining an
equivalent level of safety. Additionally, this amendment provides
reciprocity to TC's authorized use of DOT-8 and DOT-8AL cylinders for
acetylene transport. DGAC and CGA provided comments in support of this
revision. Additionally, DGAC urges TC and PHMSA to work to mutually
recognize competent authority approvals and special permits. DGAC adds
that mutual recognition of these authorities will further enable
companies to move hazardous material in a safe and expeditious manner,
eliminating unnecessary applications to both regulatory authorities,
while maintaining safe transportation for hazardous materials. PHMSA
acknowledges DGAC's comment and will continue to work with TC on
efforts to harmonize the TDG with the HMR in the future.
Section 171.23
Section 171.23 outlines the requirements for specific materials and
packagings transported under the ICAO Technical Instructions, IMDG
Code, TC TDG Regulations, or the IAEA Regulations. It also includes
authorized use, under specific conditions, of pi-marked pressure
receptacles that comply with the Agreement Concerning the International
Carriage of Dangerous Goods by Road (ADR), and the EU Directive 2010/
35/EU,\16\ and marked with a pi ([pi]) symbol to denote such compliance
for transport of hazardous materials. PHMSA is amending the language in
the provisions for pi-marked pressure receptacles in paragraph (a)(3)
to clarify the scope of pressure receptacles authorized by this
section. ``Pressure receptacles'' is a collective term that may be used
to refer to many types of pressurized containers of various sizes, such
as cylinders, tubes, pressure drums, closed cryogenic receptacles,
metal hydride storage systems, bundles of cylinders, or salvage
pressure receptacles. When PHMSA adopted the provisions for pi-marked
pressure receptacles,\17\ it did not intend to broadly apply the scope
to all pressure receptacle types. Instead, PHMSA's intent was to apply
the authorized use of pi-marked pressure receptacles domestically only
to cylinders, as indicated in current paragraph (a)(3)(iii), which
specifically references cylinders. Some of the pressure receptacles
authorized in accordance with the ADR standard do not have an
equivalent packaging authorized in the HMR, and some have large
capacities, both of which give pause to PHMSA with respect to the
hazardous materials authorized in these packagings. Therefore, PHMSA is
replacing the words ``pressure receptacles'' in paragraph (a)(3) with
``cylinders with a water capacity not exceeding 150 L,'' as defined in
Sec. 171.8, to specify the scope of pi-marked pressure receptacles
authorized under Sec. 171.23. PHMSA expects that this amendment will
improve safety by providing additional clarity with regard to the scope
of authorized use of pi-marked pressure receptacles for transport of
hazardous material in the United States. PHMSA is aware of growing
interest in the authorization for use of other pi-marked pressure
receptacles and PHMSA plans to address that issue in a future
rulemaking. CGA and DGAC provided a comment in support of this
revision.
---------------------------------------------------------------------------
\16\ U.N. Econ. Comm'n for Europe, Transportation Division,
Agreement Concerning the Int'l Carriage of Dangerous Goods by Road,
110th Sess., ECE/TRANS/300, U.N. Sales No. E. 21. VIII. 1 (2020).
\17\ 85 FR 75680 (Nov. 25, 2020).
---------------------------------------------------------------------------
Section 171.25
Section 171.25 outlines additional requirements for the use of the
IMDG Code in addition to those found in Sec. 171.22 and Sec. 171.23.
As discussed in the NPRM, PHMSA is not adopting provisions for UN FRP
portable tanks in the HMR. However, to facilitate limited import and
export of these tanks in international commerce, and to gain additional
experience with their transport, PHMSA is adding a new paragraph--Sec.
171.25(c)(5)--that prohibits the general transportation of UN FRP
portable tanks designed and constructed in accordance with Chapter 6.10
of the IMDG Code within the United States, yet allows for the tanks to
be transported within a single port area in the United States in
accordance with the provisions of Sec. 171.25(d) covering the use of
the IMDG Code in port areas. This action will maintain the safe
transportation of hazardous material under the HMR while facilitating
international commerce by permitting the import or export of hazardous
materials in UN FRP portable tanks, and limiting their use and movement
within the confines of a single port area. DGAC provided comments in
support of this revision.
[[Page 25444]]
B. Part 172
Section 172.101 Hazardous Materials Table (HMT)
The HMT summarizes terms and conditions governing transportation of
listed hazardous materials under the HMR. For each entry, the HMT
identifies information such as the PSN, UN identification number, and
hazard class. The HMT specifies additional information or reference
requirements in the HMR such as hazard communication, packaging,
quantity limits aboard aircraft, and stowage of hazardous materials
aboard vessels. PHMSA is making several changes to the HMT as discussed
below. For purposes of the Government Publishing Office's typesetting
procedures, changes to the HMT appear under three sections of the HMT:
``remove,'' ``add,'' and ``revise.'' Certain entries in the HMT, such
as those with revisions to the PSNs, appear as a ``remove'' and
``add.'' Amendments to the HMT include the following:
New HMT Entry
PHMSA is adding a new entry, ``UN3550, Cobalt dihydroxide powder,
containing not less than 10% respirable particles, Division 6.1, PG
I,'' to the HMT. Cobalt is a key strategic mineral used in various
advanced medical and technical applications around the world, and it is
essential to keep the global supply chains for this material open. This
material has a 40-year history of safe global transport as ``UN3077,
Environmentally hazardous substance, solid, n.o.s., Class 9'' in
different forms, including as crude material directly from mines, high
moisture content paste, and very fine refined powders in flexible IBCs
rated for PG III. However, recent testing required for compliance with
the REACH Regulation in the European Union, and subsequent evaluation
against the hazard classification criteria of the EU Classification,
Labelling, and Packaging (CLP) Regulation, resulted in a classification
of Acute toxicity by inhalation Category 1, which is equivalent to the
Division 6.1 hazard classification. As a result of this testing, it was
determined that when this material is in fine powder form, it must no
longer be transported as Class 9 miscellaneous hazard material. In
powder form, cobalt dihydroxide powder must now be classified as a
Division 6.1 toxic-by-inhalation solid material, for which a unique UN
identification number and associated classification, hazard
communication, and packing instructions do not currently exist in the
HMT. This change in classification led to the development of the new UN
identification number UN3550 and associated transportation requirements
by the UNSCOE. To that end, the UNSCOE developed appropriate packaging
provisions, including a special packaging condition, which permits the
continued use of certain flexible IBCs. PHMSA notes that other forms of
cobalt dihydroxide powder may continue to be classified and described
as ``UN3077, Environmentally hazardous, solid, n.o.s., 9, PG III.''
Specifically, the UNSCOE addressed shipper concerns that flexible IBCs
are not otherwise permitted for transport of Division 6.1 toxic solids,
yet there is a 40-year record of safe transport of the refined material
as UN3077 material in flexible IBCs, with no recorded accidents,
incidents, or health issues. PHMSA is also adding a corresponding
special provision (IP22) to indicate that the use of certain flexible
IBCs is permitted for UN3550, which is discussed further in Sec.
172.102 of this Section-by-Section Review. The other packaging
provisions for this cobalt dihydroxide powder are consistent with those
for other Division 6.1 solid materials assigned PG I, such as ``UN3467,
Organometallic compound, solid, toxic, n.o.s.'' An entry for UN3550 was
also added in the 2023-2024 ICAO Technical Instructions and aligns with
the packaging requirements in this final rule. PHMSA agrees with the UN
provision to allow for the continued transport of this hazardous
material in flexible IBCs, or in accordance with other special
provisions and packaging requirements outlined in Part 173. The
addition of this new HMT entry will maintain the HMR's safety standard
for transportation of Division 6.1 solid materials.
HMT Corrections
PHMSA is making corrections to multiple HMT entries that were
inadvertently modified in previous rulemakings. Specifically, for the
PGII and PGIII entries for ``UN3129, Water-reactive liquid, corrosive,
n.o.s.'' and ``UN3148, Water-reactive liquid, n.o.s.,'' the references
to exceptions in Sec. 173.151 in Column 8A were removed and replaced
with the word ``None.'' While there are no exceptions for these
materials when assigned to PGI, PHMSA did not intend to remove the
exceptions for PGII and III materials. Additionally, for the PGIII
entry for ``UN3148, Water-reactive liquid, n.o.s.,'' the ``G'' in
Column 1, which indicates that a technical name must be provided in
association with the proper shipping name, was also inadvertently
deleted. PHMSA expects that making these editorial corrections will
prevent frustrations in shipping due to the inadvertent removal of the
reference to authorized shipping exceptions and prevent confusion
regarding the required shipping description. PHMSA also is making a
correction to the entry ``UN0512, Detonators, electronic programmable
for blasting.'' In HM-215P, PHMSA added three new entries for
electronic detonators to distinguish them from electric detonators,
which have different functioning characteristics but similar regulatory
provisions for their transport. PHMSA incorrectly assigned an obsolete
special provision, Special Provision 103, which was removed from the
HMR by final rule HM-219C.\18\ UN0512 is comparable to the entry UN0255
and therefore should reflect the same special provision, Special
Provision 148. Therefore, PHMSA is removing the reference to Special
Provision 103 in Column 7 for UN0512 and replacing it with Special
Provision 148 consistent with the entry of UN0255. PHMSA expects this
correction will remove confusion surrounding additional provisions for
these detonators. Lastly, PHMSA is making a correction to the proper
shipping name for UN3380, which should read ``Desensitized explosive,
solid, n.o.s.'' In the previous HM-215 rulemaking, the word
``explosive'' was inadvertently made plural. This spelling is in
conflict with a similar material on the HMT, ``UN3379, Desensitized
explosive, liquid, n.o.s.,'' and international regulations. Therefore,
PHMSA expects that this correction will remove confusion surrounding
the proper shipping name for these materials.
---------------------------------------------------------------------------
\18\ 85 FR 75680 (Nov. 25, 2020).
---------------------------------------------------------------------------
PHMSA is also making a correction to the HMT entry for ``UN1791,
Hypochlorite Solutions.'' In HM-215O, PHMSA added stowage codes 53 and
58--which require stowage ``separated from alkaline compounds'' and
``separated from cyanides,'' respectively--to Column 10B of the HMT for
several hazardous materials for consistency with changes included in
Amendment 39-18 of the IMDG Code. These stowage codes were intended to
be applied to several HMT entries to ensure proper segregation between
acids and both amines and cyanides, but should not have included
UN1791. Therefore, PHMSA is removing stowage codes 53 and 58 from
Column 10B for this entry. PHMSA expects that this correction will
remove the burden faced by shippers who have had to segregate
hypochlorite solutions for compliance with the HMR, which is
inconsistent
[[Page 25445]]
with the requirements of the IMDG Code.
Lastly, PHMSA is making a correction to the HMT entry for ``UN3021,
Pesticides, liquid, flammable, toxic, flash point less than 23 degrees
C.'' On December 27, 2022, PHMSA published the HM-260B \19\ final rule
titled ``Hazardous Materials: Editorial Corrections and
Clarifications,'' which intended to only revise the hazardous materials
description in Column 2 to italicize ``flash point less than 23 degrees
C'' so that it is understood it is not part of the required PSN as it
is now reflected in the HMT--``UN3021, Pesticides, liquid, flammable,
toxic, flash point less than 23 degrees C.'' However, this revision
unintentionally left out the PG II line for the ``UN3021, Pesticides,
liquid, flammable, toxic, flash point less than 23 degrees C '' entry,
and thus it was inadvertently revised in the HMT to only show the PG I
line of the table entry for this hazardous material description.
Therefore, in this final rule, PHMSA is revising the entry under
``UN3021, Pesticides, liquid, flammable, toxic, flash point less than
23 degrees C '' to again include the PG II line as it was never
intended to be removed, and to avoid confusion by stakeholders whether
there is no longer a PG II line with associated references for
authorized packaging and transportation conditions for this table
entry.
---------------------------------------------------------------------------
\19\ 87 FR 79752 (Dec. 27, 2022).
---------------------------------------------------------------------------
Column (2) Hazardous Materials Descriptions and Proper Shipping Names
Section 172.101(c) describes column (2) of the HMT and the
requirements for hazardous materials descriptions and PSNs. PHMSA is
consolidating two entries in the HMT that are currently listed under
``UN1169, Extracts, aromatic, liquid'' (PGII and PGIII) and ``UN1197,
Extracts, flavoring, liquid'' (PGII and PGIII). Specifically, PHMSA is
removing the table entry for ``UN1169, Extracts, aromatic, liquid'' and
modifying the PSN associated with the table entry for UN1197 to reflect
materials that have been historically transported separately under
UN1169 and UN1197. The 22nd revised edition of the UN Model Regulations
made these same changes, deleting UN1169 from the Dangerous Goods List
and changing the PSN for UN1197 to ``Extracts, liquid, for flavor or
aroma'' to remove confusion associated with selection of the
appropriate PSNs across the various languages of nations engaged in
international shipments of the material. It became apparent that,
whether for a flavor extract or aroma extract, the PSNs were often used
interchangeably as there is no difference between the two with regard
to classification, hazard communication, and packaging for transport.
PHMSA agrees that the existence of two interchangeable UN numbers does
not provide any additional value and, therefore, is removing the table
entry for UN1169 and modifying the PSN for UN1197 to read ``Extracts,
liquid, for flavor or aroma.'' Additionally, PHMSA is amending the text
of paragraph (c)(12)(ii), which outlines requirements for generic or
n.o.s. descriptions. The text of this paragraph provides an example
using ``Extracts, flavoring, liquid.'' Therefore, PHMSA is amending the
wording of that example by replacing ``Extracts, flavoring, liquid''
with ``Extracts, liquid, for flavor or aroma'' to correspond to the
amended PSN for UN1197. This action maintains the current level of
safety for transportation of liquid extracts.
Column (3) Hazard Class or Division
Section 172.101(d) describes column (3) of the HMT, which
designates the hazard class or division corresponding to the PSN of
that entry. Consistent with changes adopted in the 22nd revised edition
of the UN Model Regulations, PHMSA is changing the primary hazard
classification for the entry ``UN1891, Ethyl Bromide,'' from a toxic
liquid of Division 6.1 to a Class 3 flammable liquid. This change in
classification is consistent with the change adopted in the 2023-2024
ICAO Technical Instructions, as well as the UN Model Regulations, and
is based on new test data indicating that the flash point and boiling
point of ethyl bromide has a core flammability hazard according to the
Class 3 classification criteria of the ICAO Technical Instructions.
More specifically, different data sources showed that its flash point
of -20 [deg]C (-4 [deg]F) and its boiling point of 38 [deg]C (100.4
[deg]F) meet the criteria for assignment as a Class 3 at the PG II
level--the criteria of which is having a flash point <23 [deg]C and
boiling point >35 [deg]C. Additionally, rather than classifying ethyl
bromide solely as a Class 3 flammable liquid, it was determined that
the Division 6.1 hazard still applies and should remain assigned as a
subsidiary hazard. This is consistent with the HMR precedence of hazard
table in Sec. 173.2a, which states that a material that meets criteria
for classification as both Class 3 and Division 6.1 (except for when a
material meets the PG I poison-by-inhalation criteria), the
flammability hazard takes precedence and is the primary hazard. These
changes in hazard class and associated packaging requirements were
adopted to ensure that the hazards of ethyl bromide are accurately
communicated and appropriately packaged. PHMSA reviewed these findings
and agrees it is appropriate to classify ethyl bromide as a flammable
liquid, with a subsidiary Division 6.1 hazard. Because of this change
in hazard class, additional conforming changes to the HMT entry for
ethyl bromide are required in column (6), as discussed below.
Additionally, PHMSA expects that clearly identifying the flammability
hazard posed by this material will improve safety by ensuring that the
material is handled appropriately before and during transport.
Column (6) Label Codes
Section 172.101(g) describes column (6) of the HMT, which contains
label codes representing the hazard warning labels required for a
package filled with a material conforming to the associated hazard
class and proper shipping name, unless the package is otherwise
excepted from labeling. The first code is indicative of the primary
hazard of the material. Additional label codes are indicative of
subsidiary hazards. As discussed above, PHMSA is modifying the primary
hazard class for ``UN1891, Ethyl bromide'' to Class 3. Consistent with
this change, PHMSA is assigning Class 3 as the primary hazard label and
Division 6.1 as a subsidiary hazard label. Consequently, PHMSA is
amending column (6) of the HMT for this entry to reflect the warning
labels required for the transport of this hazardous material. PHMSA
expects that this change will improve safety by clearly communicating
the transportation hazards of this material.
Column (7) Special Provisions
Section 172.101(h) describes column (7) of the HMT, which assigns
special provisions for each HMT entry. Section 172.102 provides for the
meaning and requirements of the special provisions assigned to entries
in the HMT. The revisions to column (7) of certain entries in the HMT
are discussed below.
Special Provision 396
PHMSA is adding a new special provision, Special Provision 396, and
assigning it to ``UN3538, Articles containing non-flammable, non-toxic
gas, n.o.s.'' DGAC noted that PHMSA had inadvertently left out Special
Provision 396 in column 7 for ``UN3538, Articles containing non-
flammable, non-toxic gas, n.o.s.'' PHMSA has revised that editorial
error in this final rule. For
[[Page 25446]]
additional information, see Sec. 172.102 of the Section-by-Section
Review.
Special Provision 398
PHMSA is assigning a newly added special provision, Special
Provision 398, which pertains to the potential classification of
butylene and butylene mixtures as UN1012. This special provision
clarifies that butylene mixtures and certain butylene isomers may be
assigned to UN1012, while specifically excluding isobutylene from this
UN classification. For additional information, see Sec. 172.102 of the
Section-by-Section Review.
Special Provisions A4 and A5
PHMSA is assigning Special Provision A4 to the entry ``UN2922,
Corrosive liquid, toxic, n.o.s.'' and Special Provision A5 to the entry
``UN2923, Corrosive solid, toxic, n.o.s.'' Special Provisions A4 and A5
address liquids and solids in PG I that also pose an inhalation
toxicity hazard by limiting or prohibiting their transportation on
aircraft. In principle, all liquids or solids that have an inhalation
toxicity hazard, and assigned PG I, should be subject to one of the two
special provisions, as appropriate. However, UN2922 and UN2923 are
assigned Class 8 as the primary hazard and Division 6.1 as a subsidiary
hazard because of classification guidelines that require hazardous
materials that meet the criteria of Class 8, and have an inhalation
toxicity of dusts and mists (LC50) in the range of PG I, but toxicity
through oral ingestion or dermal contact only in the range of PG III or
less, must be assigned to Class 8 as the primary hazard rather than
Division 6.1. In reviewing these provisions, the ICAO Dangerous Goods
Panel (DGP) determined that additional restrictions should be
implemented for these hazardous materials as the corrosive
classification assigned to UN2922 and UN2923 does not negate the
inhalation toxicity hazard. Because of the inhalation hazard posed by
these materials, the 2023-2024 ICAO Technical Instructions included an
amendment to impose quantity limits for transportation of these
materials by air. PHMSA agrees with this determination and therefore is
assigning Special Provision A4 to UN2922, which prohibits this material
from transport on passenger and cargo-only aircraft. PHMSA also is
assigning Special Provision A5 to UN2923, which prohibits this material
on passenger aircraft and limits the amount that may be transported on
cargo-only aircraft. PHMSA expects that correcting this conflict will
improve safety by prohibiting corrosive materials that also pose
inhalation hazards on passenger aircraft and limiting their transport
on cargo-only aircraft.
Special Provisions A224 and A225
PHMSA is adding two new air special provisions, A224 and A225, and
assigning them to HMT entries ``UN3548, Articles containing
miscellaneous dangerous goods, n.o.s.'' and ``UN3538, Articles
containing non-flammable, non-toxic gas, n.o.s.,'' respectively. These
special provisions allow for the transport on both passenger aircraft
and cargo-only aircraft under certain conditions. For additional
information, see 172.102 of the Section-by-Section Review. Also, see
Sec. 172.102 of the Section-By-Section Review below for a detailed
discussion of the special provision amendments addressed in this final
rule. DGAC and MDTC provided comments in support of this revision.
Column (8) Packaging
Section 172.101(i) explains the purpose of column (8) in the HMT.
Columns (8A), (8B), and (8C) specify the applicable sections for
exceptions, non-bulk packaging requirements, and bulk packaging
requirements, respectively. Columns (8A), (8B), and (8C) are completed
in a manner which indicates that ``Sec. 173.'' precedes the designated
numerical entry. Column (8A) contains exceptions from some of the
requirements of this subchapter. The referenced exceptions are in
addition to those specified in subpart A of part 173 and elsewhere in
subchapter C. The word ``None'' in this column means no packaging
exceptions are authorized, except as may be provided by special
provisions in column (7). For example, the entry ``151'' in column
(8A), associated with the proper shipping name ``Nitrocellulose with
water,'' indicates that, for this material, packaging exceptions are
provided in Sec. 173.151 of this subchapter.
PHMSA is removing references to Sec. 173.151, which provides
exceptions for Class 4 hazardous materials, in column (8A), and adding
the word ``None'' for three solid desensitized explosive entries:
``UN2555, Nitrocellulose with water with not less than 25 percent water
by mass;'' ``UN2556, Nitrocellulose with alcohol with not less than 25
percent alcohol by mass, and with not more than 12.6 percent nitrogen,
by dry mass;'' and ``UN2557, Nitrocellulose, with not more than 12.6
percent nitrogen, by dry mass mixture with or without plasticizer, with
or without pigment.'' These changes remove the applicability of the
limited quantity exceptions for these hazardous materials to correct an
inconsistency regarding solid desensitized explosives. Consistent with
the UN Model Regulations, PHMSA has not authorized limited quantity
packaging exceptions for 30 other solid desensitized explosives.\20\
Solid desensitized explosives are explosive substances that are wetted
with water or alcohols, or are diluted with other substances, to form a
homogeneous solid mixture to suppress their explosive properties. Like
PG I materials, solid desensitized explosives in PG II are specifically
prohibited from transport under the limited quantity provisions in the
UN Model Regulations. However, this inconsistency was identified with
respect to air transport by the ICAO DGP, resulting in a similar
amendment in the 2023-2024 ICAO Technical Instructions. In this final
rule, PHMSA is also making related editorial amendments in Sec.
173.27, general requirements for transportation by aircraft. (See
additional discussion in Sec. 173.27 of Section-by-Section Review.)
PHMSA expects that correcting this oversight to require these
nitrocellulose mixtures be transported in accordance with all
requirements of the HMR, rather than permitting the use of the limited
quantity exceptions in Sec. 173.151, will not only add an additional
level of safety, but also facilitate the transport of these materials
by streamlining packaging and hazard communication requirements to be
consistent with requirements for similar materials and with
international regulations.
---------------------------------------------------------------------------
\20\ UN1310, UN1320, UN1321, UN1322, UN1336, UN1337, UN1344,
UN1347, UN1348, UN1349, UN1354, UN1355, UN1356, UN1357, UN1517,
UN1571, UN2555, UN2556, UN2557, UN2852, UN2907, UN3317, UN3319,
UN3344, UN3364, UN3365, UN3366, UN3367, UN3368, UN3369, UN3370,
UN3376, UN3380, and UN3474.UN1517, UN1571, UN2555, UN2556, UN2557,
UN2852, UN2907, UN3317, UN3319, UN3344, UN3364, UN3365, UN3366,
UN3367, UN3368, UN3369, UN3370, UN3376, UN3380, and UN3474.
---------------------------------------------------------------------------
Column (9) Quantity Limitations
Section 172.101(j) explains the purpose of column (9) in the HMT.
Column (9) specifies quantity limitations for packages transported by
air and rail. Column (9) is divided into two columns: column (9A)
provides quantity limits for passenger aircraft/rail, and column (9B)
provides quantity limits for cargo-only aircraft.
Consistent with changes adopted in the 2023-2024 edition of the
ICAO Technical Instructions, PHMSA is amending the quantity limitations
for UN 1891, Ethyl bromide, when
[[Page 25447]]
transported by passenger aircraft. Previously, the maximum net quantity
per package for passenger aircraft was 5 L on the Dangerous Goods List
of the ICAO Technical Instructions; this same quantity limit is
currently in place for passenger aircraft, as indicated in column (9A)
of the HMT. As a result of the reclassification of UN1891 as a Class 3
flammable liquid, the permitted quantity was reduced in the ICAO
Technical Instructions to 1L per packaging. This change is in line with
the quantity limits for many other Class 3 materials. PHMSA is making a
corresponding change for passenger aircraft limits in column (9A). With
regard to cargo-only aircraft, no changes to the 60 L maximum net
quantity were made in the ICAO Technical Instructions, as that limit is
the same for Class 3 and Division 6.1 materials. PHMSA expects that
this change will provide an additional level of safety commensurate to
the newly recognized flammability hazard posed by this material.
PHMSA is modifying the packaging limits aboard cargo-only aircraft
for three battery entries: ``UN2794, Batteries, wet, filled with acid,
electric storage;'' ``UN2795, Batteries, wet, filled with alkali,
electric storage;'' and ``UN3292, Batteries, containing sodium.''
Specifically, these changes limit the quantity per packaging to 400 kg,
as there is currently no limit for these items. Typically, these
articles must be packed in UN specification packagings, and 400 kg is
the maximum quantity permitted in such packagings. These changes are
consistent with changes made in the 2023-2024 ICAO Technical
Instructions, which were made as a correction to an inconsistency
between the ICAO Technical Instructions and the UN Model Regulations.
Therefore, in column (9B) of the HMT, the words ``no limit'' will be
replaced by 400 kg. PHMSA expects that this change will streamline
packaging requirements by providing packaging limits for similar items
in similar packagings, consistent with analogous international
regulations. This streamlining will also increase safety by increasing
clarity on the packaging limits for these similar items.
Section 172.102 Special Provisions
Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
include packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. PHMSA is
making the following revisions to the special provisions in this
section:
Special Provision 78
Special Provision 78 currently states that ``UN1002, Air,
compressed'' may not be used to describe compressed air that contains
more than 23.5% oxygen. It also stipulates that compressed air
containing more than 23.5% oxygen must be shipped using the description
``UN3156, Compressed gas, oxidizing, n.o.s.,'' which has a Class 5
subsidiary hazard classification. PHMSA is amending Special Provision
78 to provide additional clarity with regard to the permitted use of
the proper shipping description UN1002. In an effort to address
specific mixtures of nitrogen and oxygen that are commercially called
``synthetic air,'' the 22nd revised edition of the UN Model Regulations
includes a new special provision that was intended to clarify that
``synthetic air'' may be transported under UN1002, provided that it
does not contain more than 23.5% oxygen. ``Synthetic air'' is typically
a mixture containing up to 23.5% oxygen with the balance being
nitrogen. This mixture is used in a variety of applications, including
medical and non-medical, and may be used when ambient air is not
sufficient due to the presence of contaminants. This new special
provision specifies that mixtures of nitrogen and oxygen containing not
less than 19.5% and not more than 23.5% oxygen by volume may be
transported under UN1002 when no other oxidizing gases are present. It
also states that a Division 5.1 subsidiary hazard label is not required
for any concentrations within this limit. While this language is not
drastically different than the current language in the HMR, PHMSA
expects that rewording Special Provision 78 to include the 19.5% lower
bound for oxygen and the note regarding the use of the Division 5.1
subsidiary hazard label will improve safety by providing clearer and
more useful instructions for shippers of compressed synthetic air.
Special Provision 156
PHMSA is amending Special Provision 156 to require that, when
transported by air, a shipping paper, such as an air waybill,
accompanying the shipment must indicate that the package containing
asbestos is not restricted for shipment. Currently, this special
provision excepts asbestos from the requirements of 49 CFR Subchapter C
when it is immersed or fixed in a natural or artificial binder--such as
cement, plastics, asphalt, resins, or mineral ore--in such a way that
no escape of hazardous quantities of respirable asbestos fibers can
occur. It was noted that confusion over whether a shipment was or was
not excepted from the regulations had led to delays and frustrated
shipments. The 2023-2024 ICAO Technical Instructions amended a similar
special provision to assist in providing evidence of compliance with
its requirements. PHMSA's revision to Special Provision 156 requires
that, when transported by air, packages or shipping documentation be
marked to indicate that the package containing asbestos is not
restricted for shipment. PHMSA expects that this requirement will
facilitate the safe shipment of asbestos by preventing them from being
mistaken as fully regulated hazardous materials.
Special Provision 387
Special Provision 387 provides shippers of polymerizing substances
with information regarding stabilization requirements for their
shipments. As discussed below, in an earlier rulemaking, PHMSA placed
sunset dates on the HMR provisions concerning transport provisions for
polymerizing substances to allow time for the completion of research on
various topics concerning their transport, and to gather and review
empirical evidence concerning the appropriate transport provisions for
polymerizing substances. In line with other amendments in this final
rule for the transport of polymerizing substances, PHMSA is amending
Special Provision 387 to remove the sunset date of January 2, 2023. The
result of this amendment is that the existing stabilization
requirements noted in this special provision remain and the sunset date
is removed. DGAC and Dow Chemical provided comments in support of this
revision. See 173.21 of the Section-by-Section Review for the full
discussion of changes pertaining to polymerizing substances.
Special Provision 396
PHMSA is adding a new special provision, Special Provision 396, and
assigning it to ``UN3538, Articles containing non-flammable, non-toxic
gas, n.o.s,'' to authorize the transport of large and robust articles
(e.g., transformers) that include cylinders containing UN1066
``Nitrogen,'' UN1956 ``Compressed gas N.O.S.,'' or UN1002 ``Air,
compressed'' with the valves open to allow low quantities of gas to be
constantly supplied through a pressure regulator from a gas cylinder
connected to the transformer. Similar provisions were added in the 22nd
revised edition of the UN Model Regulations and Amendment 41-22 of the
IMDG Code to
[[Page 25448]]
address shipments of transformers, which are typically pressurized with
nitrogen or air but are not gas tight. Prior to 2020, transformers were
transported as ``UN 3363, Dangerous Goods in Machinery/Apparatus;''
however, the packing provisions for UN3363 imposed quantity limits
requiring multiple approvals from competent authorities as specified in
Special Provision 136 in the HMR (SP 301 in the UN Model Regulations).
Following more recent amendments to the UN Model Regulations, these
transformers were eligible for transport under UN 3538. The provisions
that allow these transformers to be transported unpackaged do not
explicitly require the transformer to be gas-tight but instead require
the valves to be closed during transport. To obviate the need for an
approval each time such transformers are transported, a new special
provision was added to the 22nd revised edition of UN Model Regulations
because these transformers only emit small quantities of nitrogen or
synthetic air, which are not flammable, toxic, corrosive, or oxidizing.
PHMSA is making several safety controls in shipments of this type that
are largely consistent with the provisions adopted in the UN Model
Regulations and the IMDG Code. These controls include requiring the
following: cylinders must be connected to the article through pressure
regulators and have fixed piping to keep the pressure below 35 kPa
(0.35) bar; cylinders must be secured to prevent shifting; cylinders
and other components must be protected from damage and impacts during
transport; the shipping paper must include a reference to shipping
under this special provision; and if placed inside a cargo transport
unit (CTU), the CTU must be well ventilated. PHMSA notes that these
international regulations require marking the CTU with the asphyxiation
warning mark for CTUs. The HMR has not adopted this mark and is not
doing so at this time. PHMSA is not revising this mark because it views
the additional controls--specifically, the indication on the shipping
paper, as well as other operational controls noted in the special
provision--as providing sufficient warning to those in the transport
chain of the dangers present and mitigation of potential hazards. PHMSA
expects that the addition of this special provision will facilitate the
transport of this specialized machinery without imposing excessive
manufacturing requirements to ensure gas tightness to prevent the
release of relatively innocuous gases during transport.
Special Provision 398
PHMSA is adding Special Provision 398, pertaining to the
classification of hazardous materials under UN1012, Butylene. This new
special provision clarifies that butylene mixtures and certain butylene
isomers may be assigned to UN1012, while specifically excluding UN1055,
Isobutylene, from this UN classification. Butylene, also known as
butene, includes four different isomers, corresponding to one general
chemical formula, C4H8. One of these isomers is isobutylene, which,
while similar to the other three isomers, has been assigned a separate
UN number, UN1055, which has its own set of packaging provisions. To
avoid ``UN1055, Isobutylene'' being classified and transported under
UN1012, this amendment facilitates the consistent and proper
classification of this group of hazardous materials. This clarification
for UN1012, Butylene, was added in the 22nd revised edition of the UN
Model Regulations for consistency with European regulations, which made
similar changes to avoid ``UN1055, Isobutylene'' being classified and
transported under UN1012. PHMSA is adding this clarifying special
provision with the expectation that it will facilitate consistent and
proper classification of this group of hazardous materials.
Special Provision 421
Special Provision 421 is currently assigned to the four
polymerizing substance entries in the HMT.\21\ Currently, this special
provision notes that these entries will no longer be effective on
January 2, 2023, unless extended or terminated prior to this date. As
discussed in ``Section I. Executive Summary'' section of this
rulemaking, PHMSA had placed sunset dates on the HMR provisions
concerning transport provisions for polymerizing substances to allow
time for the completion of research on various topics concerning their
transport, and to gather and review empirical evidence concerning the
appropriate transport provisions for polymerizing substances. As we
have completed this review, we are deleting Special Provision 421 and
maintaining the existing polymerizing substance HMT entries. DGAC
provided comments in support of this revision.
---------------------------------------------------------------------------
\21\ UN3531, UN3532, UN3533, and UN3534.
---------------------------------------------------------------------------
Special Provision A54
Special Provision A54 specifies that, irrespective of the quantity
limits in column (9B) of the Sec. 172.101 table, a lithium battery,
including a lithium battery packed with, or contained in, equipment
that otherwise meets the applicable requirements of Sec. 173.185, may
have a mass exceeding 35 kg, if approved by the Associate Administrator
prior to shipment. PHMSA is amending this special provision to require
that, when this special provision is used, the special provision number
must be indicated on the shipping paper. PHMSA expects that this
amendment will enhance safety by improving the communication of
potential hazards, as without such indication, the need for shipment
acceptance staff to check and ensure a copy of the approval
accompanying the shipment can potentially be missed.
Special Provisions A224 and A225
The 2023-2024 ICAO Technical Instructions added two new special
provisions permitting the transport of articles containing hazardous
materials aboard passenger and cargo-only aircraft. Currently these
articles are forbidden from transport on passenger and cargo-only
aircraft, as specified in column (9) of the HMT. However, the ICAO DGP
developed these packaging provisions, which include provisions that
ensure appropriate gas containment during transport. The aim of these
special provisions was to facilitate the transport of large articles
containing environmentally hazardous substances (such as aircraft
landing gear struts filled with hydraulic fluid) and large articles
containing a non-flammable, non-toxic gas (such as new types of
magnetic resonance imaging (MRI) scanners, which often contain
compressed helium as well as lithium cells or batteries). These
amendments were adopted in the 2022-2023 ICAO Technical Instructions,
and PHMSA is mirroring these provisions by adding two new air-specific
special provisions, A224 and A225, and assigning them to HMT entries
``UN3548, Articles containing miscellaneous dangerous goods, n.o.s.''
and ``UN 3538, Articles containing non-flammable, non-toxic gas,
n.o.s.,'' respectively.
These special provisions allow for the transport of large articles
containing a non-flammable, non-toxic gas or environmentally hazardous
substances on both passenger aircraft and cargo aircraft only under
certain conditions. Specifically, under Special Provision A224,
``UN3548, Articles containing miscellaneous dangerous goods, n.o.s.''
are permitted on passenger and cargo-only aircraft, provided that the
only dangerous goods in the article are environmentally hazardous
substances, except for lithium cells or batteries that comply with
Sec. 173.185(c) (e.g., the
[[Page 25449]]
article may contain an environmentally hazardous substance and lithium
cell or battery that complies with Sec. 173.185(c)).
Similarly, under Special Provision A225, ``UN3538, Articles
containing non-flammable, non-toxic gas, n.o.s.'' are permitted aboard
passenger and cargo-only aircraft, provided that the article contains
only a Division 2.2 gas that does not have a subsidiary hazard
excluding refrigerated liquefied gases and other gases forbidden for
transport on passenger aircraft, except for lithium cells or batteries
that comply with Sec. 173.185(c) (e.g., the article may contain a non-
refrigerated liquefied gas or otherwise forbidden Division 2.2 gas
without a subsidiary hazard and a lithium cell or battery that complies
with Sec. 173.185(c)). In addition to containing only the permitted
hazardous materials, the special provision also requires that shippers
comply with additional packaging requirements specified in Sec.
173.232, and that the special provision be indicated on shipping
documentation.
The ICAO DGP agreed that these provisions were appropriate given
that environmentally hazardous substances pose a very low hazard in
air, and that non-flammable, non-toxic gases without subsidiary hazard
are already allowed on both passenger and cargo-only aircraft as well
as certain other articles containing similar gases. PHMSA agrees and
expects that, in addition to aligning the HMR with recent changes added
to the 2023-2024 ICAO Technical Instructions, the addition of these
provisions will facilitate the transport of these materials by air
while maintaining the current level of safety for air transport of
certain hazardous materials. MDTC provided a comment in support of
these revisions.
IP Codes
IP Codes are special provisions that are assigned to specific
commodities and applicable when that commodity is transported in IBCs.
Table 2 in Sec. 172.102 specifies the requirements corresponding to
the IP Code indicated in column (7) of the HMT. In this final rule,
PHMSA is amending the text of IP15 and adding a new IP Code, IP22.
IP15
PHMSA is amending the text of IP15 to clarify language pertaining
to the authorized period of use of composite IBCs. Currently, IP15
states that for IBCs containing UN2031 with more than 55% nitric acid,
rigid plastic IBCs and composite IBCs that have a rigid plastic inner
receptacle are authorized for two years from the date of IBC
manufacture. A change to a corresponding special provision was adopted
in the 22nd revised edition of the UN Model Regulations to make clear
that the authorized two-year period of use specifically refers to the
duration of use of the inner receptacle of composite IBCs and not to
the outer framework. The intent of this requirement is to limit the
inner receptacle for composite IBCs to the two-year period of use when
used for this specific corrosive material, rather than requiring that
the outer framework be inspected as often. The entire composite IBC
remains subject to the five-year inspection interval, prescribed in
Sec. 180.352. This change in the UN Model Regulations was in response
to mistranslations of the UN Model Regulations, which led to
inconsistent maintenance of composite IBCs. While PHMSA is not aware of
any issues surrounding the language in IP15, PHMSA expects that making
this editorial change will ensure international users are not confused
by the text of the HMR, and this clarification will enhance safe
transport of hazardous materials in such IBCs.
IP22
As discussed earlier, PHMSA is adding a new IP code, IP22, for the
new entry, ``UN 3550, Cobalt dihydroxide powder, containing not less
than 10% respirable particles.'' This special provision authorizes the
transport of Cobalt dihydroxide powder, a Division 6.1 solid, in
flexible IBCs that are equipped with siftproof liners that prevent any
egress of dust during transport. This hazardous material was recently
classified as a solid with a toxic-by-inhalation hazard. Prior to this
Division 6.1 classification, cobalt dihydroxide had been transported as
``UN3077, Environmentally hazardous substance, solid, n.o.s., Class 9''
in unlined flexible IBCs. However, this reclassification posed a
problem for shippers because flexible IBCs are not authorized for
Division 6.1 toxic solids. In response to the recent EU GHS changes,
many shippers stopped using unlined flexible IBCs and began using lined
13H3 or 13H4 flexible IBCs to prevent the release of dust.\22\
Additionally, the industry also developed a new design type flexible
IBC with an improved liner to prevent egress of dust. This new design
type, 13H3 flexible IBC, has been tested and approved to PG I by
international competent authorities. Consequently, to address the
packaging problem shippers faced as a result of new classification
criteria, the UNSCOE created a special provision that allows this
material to be transported in lined siftproof packagings. This decision
was based on the 40-year record of safe transport in this material in
PG III packagings, as well as the additional level of sift-proofness
provided by the new design track record of the new siftproof
packagings. PHMSA agrees with the UNSCOE's determination that siftproof
flexible IBCs are appropriate packagings for this material and expects
that this special provision will avoid unnecessary disruptions in the
transport of this essential raw material while still ensuring safe
transport of this material. The lack of a UN entry for this specific
combination of physical and hazardous attributes--solid and toxic-by-
inhalation--led to the development of this new UN entry by the UNSCOE.
More specifically, UN3550 was created for cobalt dihydroxide to resolve
the packaging and transport problem faced by shippers because of the
new Division 6.1 classification. Consequently, based on the record of
safe transport by multi-modal means in flexible IBCs, with no recorded
accidents, incidents, or health issues as UN3077, the UNSCOE's
resolution of this packaging conflict was to develop a new UN number,
assigning appropriate packing provisions and creating a special
packaging condition which permits the use of flexible IBCs.
---------------------------------------------------------------------------
\22\ <a href="https://unece.org/DAM/trans/doc/2019/dgac10c3/UN-SCETDG-56-INF19e.pdf">https://unece.org/DAM/trans/doc/2019/dgac10c3/UN-SCETDG-56-INF19e.pdf</a>.
---------------------------------------------------------------------------
C. Part 173
Section 173.4b
Section 173.4b specifies the hazard criteria and packaging
requirements to qualify for the de minimis exception--i.e., exceptions
from certain HMR requirements for very minor amounts of hazardous
material. For non-infectious biological specimens that contain minor
amounts of preservatives that are a hazardous material, PHMSA is adding
a reference to formaldehyde solution in paragraphs (b)(1)(i) and
(b)(1)(ii) to clarify that the conditions for packing of the specimens
applies to formaldehyde solution too. Currently, paragraph (b) excepts
non-infectious biological specimens, such as those of mammals, birds,
amphibians, reptiles, fish, insects, and other invertebrates,
containing small quantities of chemical preservatives like ethanol or
formaldehyde solution from the HMR, provided certain conditions are
met. For example, paragraph (b)(1) provides instruction for when
alcohol or an alcohol solution is used, such as when a specimen is
placed in a plastic bag, that any free liquid in the bag must not
exceed 30 mL. The ICAO Technical Instructions include a similar
instruction, yet during a review of the
[[Page 25450]]
ICAO Technical Instructions, the ICAO DGP noted that the exception does
not address when formaldehyde solutions are used as preservatives for
specimens; thus, there was no specified limit on the amount of free
liquid formaldehyde solution that may be in a packaging. Consequently,
the 2023-2024 ICAO Technical Instructions include an amendment to the
de minimis provisions to specify limits for formaldehyde solutions.
PHMSA agrees with this clarifying amendment and expects that adopting a
similar change will enhance safety by removing uncertainty about
whether the quantity limits also apply to formaldehyde solutions. PHMSA
received a comment from the MDTC in support of this revision.
Section 173.21
Section 173.21 describes situations in which offering for transport
or transportation of certain materials or packages is forbidden.
Examples of such forbidden shipments include materials designated as
``Forbidden'' in Column (3) of the HMT; electrical devices that are
likely to generate sparks and/or a dangerous amount of heat; and
materials that are likely to decompose or polymerize and generate
dangerous quantities of heat or gas during decomposition or
polymerization. This last group of materials is addressed in paragraph
(f) of this section, which outlines the conditions under which
materials that are likely to decompose or polymerize unless stabilized
or inhibited in some manner (e.g., with temperature controls or
chemical stabilization) are authorized for transport.
PHMSA is lowering the temperature threshold for certain materials
transported in portable tanks that require temperature control.
Specifically, this amendment lowers this threshold temperature for a
material that is likely to decompose with a self-accelerated
decomposition temperature (SADT), or polymerize with a self-accelerated
polymerization temperature (SAPT) from 50 [deg]C (122 [deg]F) to 45
[deg]C (113 [deg]F) when transported in portable tanks. This means that
portable tanks containing materials likely to decompose or polymerize
at temperatures greater than 45 [deg]C are not required to be
stabilized or inhibited by temperature control. In an earlier
rulemaking, HM-215N, PHMSA gave notice that at that time, it would not
adopt reductions in temperature thresholds for shipments in portable
tanks, and maintained a 50 [deg]C (122 [deg]F) threshold for requiring
temperature control to allow for additional time to conduct research on
the impacts of such a change and to allow additional time to fully
consider the issue. However, PHMSA-sponsored research, which was
completed in February 2021 by APT Research, Inc. (APT),\23\ has
informed our revisions in this final rule. That research aimed to
gather more information concerning temperature control of polymerizing
substances in portable tanks, and testing requirements for these
substances intended to be transported in portable tanks or intermediate
bulk containers (IBCs), as these two areas of safety controls in the
HMR differed from those adopted in the international consensus
standards and regulations. The report following research conducted by
APT noted that ``relaxing the temperature control requirements as
proposed by HM-215N is assessed to be an appropriate approach since it
will harmonize U.S. regulations with international requirements and no
additional hazards were identified for any common polymers during
transport. Polymers in industry with SAPTs approaching 45 [deg]C or 50
[deg]C were found to be uncommon.'' PHMSA agrees with this assessment
and is lowering this temperature threshold at which temperature control
is required for portable tanks containing a material that is likely to
decompose with a SADT, or polymerize with a SAPT from 50 [deg]C (122
[deg]F) or less to 45 [deg]C (113 [deg]F) or less. Although the APT
research focused on polymerizing materials, PHMSA believes decomposing
materials behave similarly and has opted to apply the change to both
material types. PHMSA believes this amendment will help facilitate
international transportation of these goods while maintaining the high
standard of safety in the HMR for transportation of decomposing and
polymerizing materials. To that end, PHMSA also is amending the table
in paragraph (f)(1) to accommodate the specific temperature controls
applicable to decomposing and polymerizing substances transported in
portable tanks. This amendment aligns the HMR with temperature
thresholds for substances with SADTs and SAPTs transported in portable
tanks with those found in the UN Model Regulations and the IMDG Code.
Further, based on this change specific to use of portable tanks, PHMSA
is revising the table in paragraph (f)(1) to include packaging type as
a factor in determining the criteria for control temperatures and
emergency temperatures. Lastly, PHMSA is amending paragraph (f) to
provide a reference to the lower threshold of 45 [deg]C (113 [deg]F)
for portable tanks and include a reference to language concerning
organic peroxides that require temperature control. Paragraph (f)(2) is
revised to (f)(2)(i)-(iii) to indicate general temperature control
requirements for organic peroxides by type. These requirements are
consistent with the UN Model Regulations and ensure that appropriate
temperature control provisions are applied to organic peroxides not
specifically listed in the Organic Peroxide Table in Sec. 173.225.
DGAC and Dow Chemical provided comments in support of this revision.
---------------------------------------------------------------------------
\23\ Report can be accessed in Docket No. PHMSA-2021-0092 on
<a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------
Additionally, to fully adopt these changes, PHMSA is removing the
phaseout language currently found in (f)(1)(i), which states that the
provisions concerning polymerizing substances in paragraph (f) will be
effective until January 2, 2023. Finally, based on results of the
research, PHMSA is maintaining the current defining criteria for
polymerizing substances in Sec. 173.124, that a polymerizing substance
must successfully pass the UN Test Series E at the ``None'' or ``Low''
level, or achieve equivalent criteria using an alternative test method
with the approval of the Associate Administrator, prior to selection of
an appropriate portable tank or IBC. Dow chemical and DGAC provided
comments in support of this proposal.
Section 173.27
Section 173.27 outlines general requirements for transportation by
aircraft, including requirements and limitations for hazardous
materials transported in limited quantities. Currently, the provisions
for combination packagings in paragraph (f)(2) specify that materials
or articles not authorized as a limited quantity for transportation by
aircraft include all PG I materials; self-reactive flammable solids in
Division 4.1; spontaneously combustible materials in Division 4.2; and
liquids that are dangerous when wet in Division 4.3. The ICAO Technical
Instructions included similar language for Division 4.1 materials by
allowing non-self-reactive Division 4.1 materials assigned to PG II or
PG III to be transported as limited quantities. However, the ICAO DGP
identified a conflict with limited quantity provisions in the ICAO
Technical Instructions and the limited quantity provisions in the UN
Model Regulations pertaining to four Division 4.1 material, assigned PG
II: ``UN 2555, Nitrocellulose with water with not less than 25 percent
water by mass;'' ``UN 2556, Nitrocellulose with alcohol with not less
than 25 percent alcohol by mass, and with not more than 12.6
[[Page 25451]]
percent nitrogen, by dry mass;'' ``UN 2557, Nitrocellulose, with not
more than 12.6 percent nitrogen, by dry mass mixture with or without
plasticizer, with or without pigment;'' and ``UN 2907, Isosorbide
dinitrate mixture with not less than 60 percent lactose, mannose,
starch or calcium hydrogen phosphate.'' Despite not being defined as
self-reactive, the UN Model Regulations have never included these
specific Division 4.1 flammable solid materials for transport as
limited quantities. The ICAO Technical Instructions were amended for
consistency with the UN Model Regulations to clearly indicate that the
transport of these four PG II materials in Division 4.1 are not
authorized for transportation by aircraft as limited quantities. PHMSA
received a comment from Dangerous Goods Advisor noting that the
inclusion of UN 2555, UN 2556, UN 2557, and UN 2907 in Sec.
173.27(f)(2)(i)(D) seems unnecessary and could downplay the additional
inapplicability to the other 30 desensitized explosives listed in the
HMT. After reviewing the list of the other desensitized explosives,
PHMSA determined that all 30 other desensitized explosives entries are
PG I materials in the HMT. PG I materials are already excluded from the
limited quantities section in Sec. 173.27(f)(2)(i)(A). While PHMSA
understands that listing the UN numbers in Sec. 173.27(f)(2)(i)(D) is
somewhat redundant with removing the reference to Sec. 173.151 for the
relevant UN number in the HMT, PHMSA asserts that listing the UN number
in Sec. 173.27 provides reinforcing information that these PG II
desensitized explosives are not eligible to be shipped as limited
quantities. PHMSA is adding language in Sec. 173.27(f)(2)(i)(D) to
explicitly include the UN identification numbers for these materials,
indicating that these materials may not be transported as limited
quantities by aircraft. PHMSA expects this change will add an
additional level of safety by correcting this packaging provision,
which has been inconsistent with those in place for materials that pose
similar hazards.
Section 173.124
Section 173.124 outlines defining criteria for Divisions 4.1
(Flammable solid), 4.2 (Spontaneously combustible), and 4.3 (Dangerous
when wet material). In an earlier rulemaking, PHMSA placed phaseout
dates on the HMR provisions concerning transport provisions for
polymerizing substances to allow time for the completion of research on
various topics concerning their transport, and to gather and review
empirical evidence concerning the appropriate transport provisions for
polymerizing substances. In line with other amendments in this final
rule for the transport of polymerizing substances, PHMSA is removing
paragraph (a)(4)(iv), which has the phaseout date of January 2, 2023.
The result of this amendment will be to remove the phaseout date and
keep the existing requirements--as outlined in paragraph (a)(4)--
effective beyond the January 2, 2023, date.
Section 173.137
Section 173.137 prescribes the requirements for assigning a packing
group to Class 8 (corrosive) materials. PHMSA is authorizing the use of
an additional test method, Test No. 439, ``In Vitro Skin Irritation:
Reconstructed Human Epidermis Test Method,'' as well as editorial
changes to this section to provide clarity regarding the use of the
authorized OECD Guidelines for the Testing of Chemicals.
Currently, the HMR requires offerors to classify Class 8 materials
and assign a packing group based on tests performed in accordance with
various OECD Guidelines for the Testing of Chemicals (TG), including a
skin corrosion test (in vivo) and various in vitro testing guidelines
that do not involve animal testing. Data obtained from the currently
authorized test guidelines is the only data acceptable for
classification and assignment of a packing group. Specifically for PG
I, II, or III determinations, the HMR authorizes the use of OECD
Guidelines for the Testing of Chemicals, Test No. 435, ``In Vitro
Membrane Barrier Test Method for Skin Corrosion,'' and Test No. 404,
``Acute Dermal Irritation/Corrosion'' (an in vivo test method). The HMR
also authorizes the use of OECD Test No. 430, ``In Vitro Skin
Corrosion: Transcutaneous Electrical Resistance Test (TER),'' and Test
No. 431, ``In Vitro Skin Corrosion: Reconstructed Human Epidermis (RHE)
Test Method;'' however, the scope of what these tests can determine is
limited. For that reason, Test No. 430 is authorized for use only to
determine whether a material is corrosive or not; materials that are
determined to be corrosive using this test require additional testing
using Test Nos. 435 or 404 or assignment to the most conservative
packing group, PG I. Similarly, Test No. 431 may also be used to
determine whether or not a material is corrosive; however; while this
can identify when a corrosive must be assigned PG I, it cannot
differentiate between PG II and III materials. Consistent with the UN
Model Regulations, when this method does not clearly distinguish
between PG II or PG III, the HMR allows the material to be transported
as PGII without further in vivo testing. Consistent with changes made
to the 22nd revised edition of the UN Model Regulations, PHMSA is
authorizing an additional TG, OECD Test No. 439, ``In Vitro Skin
Irritation: Reconstructed Human Epidermis Test Method,'' as an
authorized test, which may be used to exclude a material from
classification as a corrosive material. Test No. 439 was adopted in the
UN Model Regulations because it provides another means of testing,
without the use of live animals, that can easily identify materials as
non-corrosive. However, while Test No. 439 may be used for the hazard
identification of irritant chemicals, it is limited in that it simply
allows materials to be identified as either corrosive or non-corrosive
to skin. Because this test method only identifies the material as
corrosive or not, the UN Model Regulations added an additional
provision requiring that materials, which are tested using Test No. 439
and indicate corrosivity, must be assigned to the most conservative PG
(i.e., PG I), unless additional tests are performed to provide more
specific data that can be used to assign a less conservative PG. The
addition of Test No. 439 as an authorized test method will provide
greater flexibility for shippers to classify, package, and transport
corrosive material, while maintaining the HMR safety standard for
transport of corrosive materials.
With regard to the editorial changes in this section, PHMSA is
amending the text of this section to provide clarity regarding the
authorized OECD Testing of Chemicals. Additionally, PHMSA is amending
the last paragraph of the introductory text, which currently states
that assignment to packing groups I through III must be made based on
data obtained from tests conducted in accordance with OECD Guideline
Number 404 or Number 435 in order to remove the reference to Test No.
435. Since its update in 2015, the criteria for packing group
assignments in Test No. 435 are no longer the same as the criteria for
Test Guideline 404. PHMSA expects that these amendments will enhance
safety by providing clarity regarding the proper testing and assignment
of packing groups, and promote efficiency by streamlining the
assignment of packing groups.
Section 173.151
Section 173.151 contains exceptions for Class 4 hazardous
materials. In the NPRM, PHMSA proposed to add ``151'' to column 8a of
the HMT for ``UN 3148, Water-reactive liquid, n.o.s.'' However, Sec.
173.151(d) currently only refers to
[[Page 25452]]
Division 4.3 ``solid'' dangerous when wet materials, which is
contradictory to the liquid state of UN 3148. In this final rule, PHMSA
is making an editorial revision to Sec. 173.151(d), which currently
contains only the words ``solids'' to describe Division 4.3 (self-
reactive) materials. PHMSA is revising this paragraph to include
``solids'' and ``liquids'' to accurately reflect that Division 4.3
materials could be either in a solid or liquid state.
Section 173.167
Section 173.167 contains the packaging instructions and exceptions
for ``ID8000, Consumer commodities.'' The ID8000 entry was added to the
HMR in final rule HM-215K,\24\ with the intent of aligning the HMR with
the ICAO Technical Instructions for the air transportation of limited
quantities of a consumer commodity material. Based on inquiries from
shippers and carriers, PHMSA understands that confusion exists
regarding the requirements for hazard communication and the ability to
withstand pressure differential for packages of a ``ID8000, Consumer
commodity'' material when moved by modes other than air. In 2012 and
2017, PHMSA issued letters of interpretation regarding the
applicability and hazard communication requirements for ID8000
shipments.\25\ Both of these letters of interpretation recognized that
ID8000 shipments are inherently ``limited quantity'' and provided the
opinion that for transportation by highway, rail, and vessel, ID8000
packages could be marked with the standard marking found in Sec.
172.315(a)(1) (i.e., limited quantity mark without the ``Y''). In 2022,
PHMSA received a petition for rulemaking, designated P-1762,\26\ from
the Council on the Safe Transportation of Hazardous Articles (COSTHA)
relating to ID8000. In its petition, COSTHA requested that PHMSA revise
Sec. 173.167 to make it clear that packages prepared under this
section may be offered for transportation and transported by all modes.
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\24\ 76 FR 3307 (Jan. 19, 2011).
\25\ Ref. No. 11-0090 (May 3. 2012); Ref. No. 16-0075 (Jan. 9,
2016).
\26\ <a href="https://www.regulations.gov/document/PHMSA-2022-0007-0001">https://www.regulations.gov/document/PHMSA-2022-0007-0001</a>.
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In consideration of P-1762 and consistent with these letters of
interpretation regarding the requirements for ID8000 shipments, PHMSA
is revising the requirements in Sec. 173.167 for ``ID8000, Consumer
commodity'' materials. The intent of this revision is to clearly
address requirements for all modes of transportation, while continuing
to recognize that the history and intent of the ``ID8000, Consumer
commodity'' entry is closely tied to the ICAO Technical Instructions
and air transportation.
First, PHMSA is making editorial revisions to the title of the
section and introductory language in paragraph (a). PHMSA is renaming
the section ``ID8000 Consumer commodity'' to distinguish this section
from the historical ``ORM-D, Consumer commodity'' HMT entry and an
exception that ceased to be effective on December 31, 2020. PHMSA
purposely phased out the ``ORM-D, Consumer commodity'' classification
and description to remove the dual system of shipping certain limited
quantities domestically and internationally, as it was a source of
confusion.
PHMSA acknowledges that there may be circumstances where persons
need to transport ID8000 packages between locations--e.g., to a
warehouse for consolidation, etc.--without needing or using air
transportation. Therefore, PHMSA recognizes the need to not only
accommodate that portion of transport but also provide assurances that
any ID8000 package is appropriately prepared for air transportation,
regardless of whether air transportation is actually used. PHMSA is
clarifying that ID8000 material is inherently a limited quantity by
adding the phrase ``limited quantity'' to the Sec. 173.167(a)
introductory text. Finally, PHMSA is removing the phrase ``when offered
for transportation by aircraft'' from the introductory language in
paragraph (a) and restructuring the existing first sentence of the
section into two separate statements. This revision is intended to
clarify that the materials and quantities listed in this section may be
transported by all modes, and to clarify that only the materials listed
in paragraph (a) are eligible to be transported as ``ID8000, Consumer
commodity.''
More significantly, PHMSA is revising the structure of the section
by moving the two requirements in the currently effective language of
paragraph (b)--applicable only to air transportation--to new
subparagraphs (6) and (7) of paragraph (a). This will require all
ID8000 packages to be subject to the limited quantity marking
requirements of Sec. 172.315(b) (i.e., require use of the ``Y''
limited quantity marking) and other markings required by part 172
subpart D, including marking of the ID number and PSN. This revision
will also require compliance with the Sec. 173.27(c) pressure
differential requirement for transportation by all modes. The intent of
this revision is two-fold:
1. Provide clarity to shippers on the hazard communication and
pressure differential requirements for all shipments of ``ID8000,
Consumer commodity'' packages.
2. Ensure that ``ID8000, Consumer commodity'' packages--wherever
they are in the transportation stream--meet the requirements for air
transportation.
However, while required in paragraph (a), PHMSA is adding a new
paragraph (b) to provide exceptions to ID8000 packages for shipping
papers and labels when transported by highway and rail. These
exceptions were previously in the introductory language to paragraph
(a). PHMSA is also providing a new labeling exception for ID8000
packages transported by vessel, which aligns with the labeling
exception provided to limited quantity packages transported by vessel.
PHMSA reminds shippers that packages shipped under this section are
still subject to the marking requirement (i.e., require the limited
quantity marking). PHMSA received comments from COSTHA and the MDTC in
support of this revision.
In addition to the revisions to Sec. 173.167 requested in P-1762
discussed above, COSTHA submitted petition P-1761 \27\ with additional
requests. Specifically, in P-1761, COSTHA requested that PHMSA add a
reference to Sec. 173.167 in the sections that outline limited
quantity exceptions for Class 3, PG II and III (Sec. 173.150), UN3175
(Sec. 173.151), Division 6.1 PG III (Sec. 173.153), UN3077, UN3082,
UN3334 and UN3335 (Sec. 173.155), and Class 2 non-toxic aerosols
(Sec. 173.306). PHMSA did not propose these revisions in the NPRM.
PHMSA received comments from COSTHA reiterating their petition that
PHMSA modify the limited quantity sections listed above to reference
Sec. 173.167. PHMSA asserts that ID8000 is a specialized exception,
designed only for a small subset of materials, and the materials are
subject to stringent packaging requirements. PHMSA reiterates that
adding a reference to Sec. 173.167 to the limited quantity exception
sections listed above will create confusion for shippers by referencing
an exception that most may not be able to adequately meet. All the
materials and quantities authorized in Sec. 173.167 may be transported
as limited quantities by all modes. For the vast majority of hazardous
material shippers who offer these materials in these small quantities,
utilizing the limited quantity exception specific to the commodity
(e.g., not utilizing Sec. 173.167) is the most appropriate and
simplest option.
[[Page 25453]]
PHMSA reiterates that if shippers, carriers, or other entities involved
in the transportation of hazardous materials are uncertain what marking
requirements apply to a limited quantity shipment, it could mean that
their training programs are inadequate and may need to be reviewed.
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\27\ <a href="https://www.regulations.gov/document/PHMSA-2022-0006-0001">https://www.regulations.gov/document/PHMSA-2022-0006-0001</a>.
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Section 173.185
Section 173.185 prescribes requirements for the transportation of
lithium cells and batteries. PHMSA is making numerous changes to this
section as follows.
Paragraph (a) classification revisions: Paragraph (a) provides
general classification provisions, which include requirements for
manufacturers and subsequent distributers of lithium cells and
batteries to provide others in the supply chain a test summary of the
battery, which contains information regarding the cells and batteries.
PHMSA received a comment from PRBA and MDTC noting that a small, but
important amendment to the UN38.3 Test Summary is included in the UN
Manual of Tests and Criteria, Seventh Revised Edition, Amendment 1,
which was adopted in December 2020. PRBA notes that this amendment was
based on a proposal filed with the UN Sub-Committee of Experts on the
Transport of Dangerous Goods by PRBA and their counterpart in Europe.
The amendment removes the signature requirement in the test summary
document, which is currently found in Sec. 173.185(a)(3)(x). This
provision currently states: ``Signature with name and title of
signatory as an indication of the validity of information provided.''
PRBA notes that PHMSA proposed to incorporate by reference in Sec.
171.7 the UN Manual of Tests and Criteria, Seventh Revised Edition,
Amendment 1, but did not include this proposed change to the Test
Summary document in Sec. 173.185 of the HMR. In its comments, PRBA and
MDTC requested that PHMSA amend Sec. 173.185(a)(3)(x) to make it clear
that a signature is not required on the test summary document. PHMSA
concurs with the MDTC and PRBA comments that the revision was
inadvertently left out of the NPRM, and as such PHMSA is revising Sec.
173.185(a)(3)(x) to require the test summary indicate the name and
title of a responsible person. A signature would no longer be required.
Additionally, PHMSA is amending paragraph (a)(3) to except button
cell batteries installed in equipment (including circuit boards) from
these test summary requirements. This amendment will give shippers of
traditionally less regulated products, such as wrist watches and key
fobs, an exception from the need to maintain a test summary document.
PHMSA received a comment from ALPA opposing the amendment to except
button cells installed in equipment from the test summary document
requirement. ALPA stated in its comments that experimental data was
presented at the ICAO DGP working group showing that button cells
installed in electronic devices initiated fires when short circuiting.
PHMSA appreciates ALPA's perspective on this issue; however, button
cell batteries have inherent limitations on their energy capacity and
content. This self-limiting design helps mitigate potential risks if
the batteries are misused or damaged. PHMSA asserts that the HMR
appropriately addresses the hazards associated with these types of
batteries. PHMSA also notes that this revision in no way relieves
button cells from the design testing requirements; it merely excepts
the button cells from the requirement to create and distribute a test
summary document. Additionally, COSTHA, DGAC, MDTC, and PRBA all
provided comments in support of this proposal as written. Therefore,
PHMSA finds that this amendment maintains the safety standard for the
transportation of lithium batteries consistent with the exceptions for
smaller cells or batteries found in Sec. Sec. 173.185(c)(2) and (c)(3)
as currently button cell batteries are excepted from the packing
requirement to use a strong, rigid outer package, provided the battery
is sufficiently protected by the equipment in which it is contained,
and the lithium battery marking requirements, respectively. Further,
PHMSA is making an editorial amendment by deleting the onset date in
paragraph (a)(3) as January 1, 2022, has passed, and the paragraph now
applies generally.
Additionally, PHMSA is adding a new paragraph (a)(5) to require
marking the outer casing of lithium ion batteries with the Watt-hour
(Wh) rating. This is consistent with the provisions for smaller lithium
ion batteries in Sec. 173.185(c)(1)(i), which require that ``each
lithium ion battery subject to this provision must be marked with the
Watt-hour rating on the outside case.'' PHMSA added this provision to
the HMR in HM-224F.\28\ While the requirement was added to the HMR for
smaller lithium ion batteries (as a condition for use of an exception),
no similar provision was added for other lithium ion batteries (i.e.,
those not offered in accordance with, or eligible for, the paragraph
(c) exceptions). However, upon review, PHMSA noted that the
international regulations generally require the marking of the Wh
rating on the outside of the casing. Specifically, this is required in
accordance with Special Provision 348 of the UN Model Regulations;
Special Provision 188 of the IMDG Code; Section IA.2 of Packing
Instruction 965 (for UN3480); and Section I.2 of Packing Instruction
966 (for UN3481) and 967 (for UN3481) of the ICAO Technical
Instructions. PHMSA expects that this amendment will improve safety, as
the marking of the Wh rating on the outer casing of a lithium ion
battery assists a shipper in better understanding the energy capacity
of the battery, and thus, ensures compliance with hazard communication
and packing provisions associated with Wh limitations.
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\28\ 79 FR 46011 (Aug. 6, 2014).
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MDTC and PRBA provided comments noting that the UN Model
Regulations, ICAO Technical Instructions, and IMDG Code are clear that
the Wh rating is only required on lithium-ion batteries and not
lithium-ion cells, which PHMSA originally proposed. MDTC and PRBA
conclude that it would be impractical to require the Wh marking on very
small cells like those used in medical devices and small consumer
devices (e.g., smart glasses and ear buds). PRBA and MDTC request
confirmation from PHMSA that it was not the Agency's intent to require
the marking on lithium ion cells. PHMSA concurs with the commenters and
is not adding lithium ion cells to the requirement in paragraph (a)(5).
PHMSA is clarifying in the final rule that the requirement to mark the
Wh rating only applies to lithium ion batteries and not lithium ion
cells. PHMSA also received a comment from COSTHA in support of this
revision.
Paragraph (b) packaging revisions: Section 173.185(b)(3) contains
packaging provisions for lithium cells or batteries packed with
equipment. Paragraph (b)(3)(iii) provides two authorized packaging
configurations for lithium cells and batteries packed with equipment.
Specifically, it permits lithium cells and batteries, when packed with
equipment, to be placed in: (1) inner packagings that completely
enclose the cell or battery, then placed in an outer packaging; or (2)
inner packagings that completely enclose the cell or battery, then
placed with equipment in a package that meets the PG II performance
requirements as specified in paragraph Sec. 173.185(b)(3)(ii). The
intent of the first option provided in paragraph (b)(3)(iii)(A) is to
permit packing only the cells or batteries in a UN specification
packaging, and then place this packaging with the equipment, for
[[Page 25454]]
which the batteries are intended, in a non-UN specification outer
packaging. The intent for the second option provided in paragraph
(b)(3)(iii)(B) is to pack both the cells or batteries and the equipment
in a UN specification outer packaging. In a working paper submitted at
the ICAO 2020 Working Group Meeting, it was noted that the actual text
for the two options was not clear. Specifically, paragraph
(b)(3)(iii)(A) does not clearly state that the specification packaging
containing the cells or batteries is then packed with the equipment
into a non-specification outer packaging. Consistent with the
clarifying revision in the ICAO Technical Instructions, and to align
more closely with the text in packing instruction P903 of the UN Model
Regulations, PHMSA is revising paragraph (b)(3)(iii)(A) by clearly
indicating that the cells or batteries must be placed in a
specification package of a type that meets PG II performance
requirements and then placed together with the equipment in a strong,
rigid outer non-specification packaging. For additional clarity, PHMSA
also is revising paragraph (b)(3)(iii)(B) by replacing the text
``package'' with the phrase ``packaging of a type'' when referring to
the specification package meeting the PG II performance requirements.
PHMSA received a comment from COSTHA in support of this revision.
PHMSA is adding a new paragraph (b)(3)(iii)(C) to include a
limitation for the number of cells or batteries in the package, when
transported by air. This is consistent with the provisions for smaller
cells or batteries found in Sec. 173.185(c)(4)(i)--as revised in this
final rule--which currently requires that for smaller cells or
batteries contained in or packed with equipment and shipped by
aircraft, the number allowed in each package is limited to the number
required to power the piece of equipment, plus two spare sets. The
original provision limiting the number in each packaging was added in
HM-224F but did not apply to fully regulated shipments.
However, PHMSA notes that the limitation on the number of cells or
batteries allowed in a package should have also applied to fully
regulated shipments of lithium batteries packed with equipment,
consistent with Section I.2 of Packing Instruction 966 (for UN3481) and
Packing Instruction 969 (for UN3091) of the ICAO Technical
Instructions. PHMSA did not intend to limit the scope of this
requirement to just smaller cells or batteries, as a condition for the
exception from full regulation under paragraph (c), as this packaging
requirement is intended to limit the hazard of lithium battery
shipments in air transportation. Limiting the number of cells and
batteries allowed to be packaged with equipment reduces hazard risks
and increases safety.
Section 173.185(b)(4) contains packaging provisions for lithium
cells or batteries contained in equipment. Consistent with the ICAO
Technical Instructions, PHMSA is adding a new paragraph (b)(4)(iv)
clarifying that for transportation by aircraft, when multiple pieces of
equipment are packed in the same outer packaging, each piece of
equipment must be packed to prevent contact with other equipment. This
change is necessary because existing provisions in paragraph (b) could
be interpreted to only apply to an outer packaging containing a single
piece of equipment; however, an outer packaging may contain multiple
pieces of equipment. This provision will more clearly communicate that
for multiple pieces of equipment containing lithium cells or batteries
in the same outer packaging, the equipment must be packed to prevent
damage due to contact between the pieces of equipment. PHMSA received
comments from ALPA, PRBA, COSTHA, and MDBTC in support of this
revision.
Paragraph (c) exceptions for smaller cells or batteries revisions:
Section 173.185(c) provides exceptions for smaller cells or batteries.
Paragraph (c)(3) specifies requirements for the lithium battery mark.
In the NPRM, PHMSA proposed to remove the telephone number requirement
from the lithium battery mark with a phaseout date of December 31,
2026.
The intended use of the telephone number and its effectiveness was
discussed by the UNSCOE. Examples pointing to its ineffectiveness
include differences in time zones and languages between the origin and
destination of a shipment or intermediate transport point, and a lack
of clarity on the expected capability of the person responding to a
telephone call. The requirement to include a ``telephone number for
additional information'' was originally introduced in the 15th revised
edition of the UN Model Regulations. It was envisioned that the
telephone number would be for the consignor or other responsible
individual who could provide further information (e.g., appropriate
corrective actions should something be wrong with the package) beyond
the minimal information required to be indicated on the package. At
that time, there was minimal hazard communication and less awareness
than is currently provided for in the UN Model Regulations. The
consignor information can now be readily obtained through other means,
such as a bill of lading, shipping labels, or other paperwork, thereby
rendering the telephone number requirement as a piece of information on
the lithium battery mark effectively redundant. The resulting consensus
based on both the discussion and experience with transport of small
lithium batteries was that the telephone number adds little value, and
removing the telephone number requirement from the mark would not
reduce the effectiveness of the mark and therefore, not impact safety
of transportation. PHMSA received an anonymous comment stating that the
transition period authorizing continued use of the current lithium
battery mark should extend beyond December 31, 2026. The commenter
stated this transition period was decided on the premise that the
international harmonization final rule would be published before
January 1, 2023. As such, the anonymous commenter suggested that the
phaseout date for the lithium battery mark in Sec. 173.185(c)(3)
should be extended based on the publication date of the final rule.
PHMSA disagrees with the commenter that an extension is needed for the
phaseout of the revised lithium battery mark in Sec. 173.185(c)(3).
The phaseout date of December 31, 2026, for the old lithium battery
mark should still provide adequate time for entities to comply with the
revised marking and does not justify PHMSA not being harmonized with
the international regulations on this subject. Additionally, PHMSA
received a comment from COSTHA in support of keeping the transition
time the same as the international regulatory texts to facilitate
global harmonization for this transition. Therefore, PHMSA is revising
the lithium battery mark by removing the double asterisk from the
example figure and the corresponding requirement in paragraph
(c)(3)(i)(C) to replace the double asterisk with the telephone number.
PHMSA is setting a transition period authorizing the use of the current
lithium battery mark until December 31, 2026. ALPA, PRBA, and COSTHA
provided comments in support of this revision.
Paragraph (c)(4) contains provisions for exceptions for smaller
lithium cells and batteries offered by air transportation. PHMSA is
removing the exceptions applicable to small lithium cells and batteries
when they are not packed with or contained in equipment. This change
was also implemented on
[[Page 25455]]
January 1, 2022, by the International Air Transport Association (IATA),
and authorization for the exceptions for smaller lithium cells and
batteries were removed from Packing Instructions 965 and 968 in the
2023-2024 Edition of the ICAO Technical Instructions. The exceptions in
Sec. 173.185(c)(4) were originally developed to facilitate the global
transport of small lithium cells and batteries. However, these
exceptions removed many of the regulatory safeguards that provide for
the safe transport of lithium batteries, including requirements for air
operators to perform an acceptance check; information to be provided to
the pilot-in-command; and package hazard communication. Furthermore,
the exceptions for small lithium cells and batteries limit the ability
of air operators to conduct the necessary safety risk assessments. The
reduced hazard communication also increased the risk of small lithium
cells and battery packages restricted for transport on cargo-only
aircraft from being inadvertently loaded on a passenger aircraft. The
removal of these exceptions increases the visibility of these shipments
to operators who must perform an acceptance check to ensure proper
packaging and hazard communication and ensure the information regarding
the number and location of packages containing lithium batteries will
be provided to the pilot-in-command. The changes do not apply to the
exceptions for small lithium cells and batteries packed with or
contained in equipment. Specifically, PHMSA is removing the following
provisions:
<bullet> Paragraph (c)(4)(i) including Table 1, which specifies the
number and net quantity of lithium batteries.
<bullet> Paragraph (c)(4)(ii), which specifies the limitation of
one package per overpack.
<bullet> Paragraph (c)(4)(iii), which specifies the limitation of
one package per consignment.
<bullet> Paragraph (c)(4)(v), which specifies that offering
packages and overpacks to an operator must be done separately from
cargo not subject to the HMR.
<bullet> Paragraph (c)(4)(viii), which limits packing cells and
batteries with certain types of hazardous materials in the same package
or overpack.
As a consequence, the remaining provisions in paragraph (c)(4)
applicable to lithium cells or batteries packed with, or contained in,
equipment will be reorganized and renumbered. The paragraph (c)(4)
introductory text is revised to read, ``Air transportation for smaller
lithium cell or batteries packed with, or contained in, equipment.''
Further, consistent with the ICAO Technical Instructions, paragraph
(c)(4)(ii), is revised to require that when placed into an overpack,
packages must be secured within the overpack, and the intended function
of each package must not be impaired by the overpack. The general
provisions for overpacks in Part 5, 1.1 of the ICAO Technical
Instructions require that packages must be secured within the overpack,
and that the intended function of the package must not be impaired by
the overpack. However, with the current construction of the provisions
for small cells or batteries in Packing Instructions 966, 967, 969, and
970, the general Part 5 overpack provisions do not apply, which could
lead to packages being unsecured or even damaged by being unrestrained
within an overpack. These overpack provisions from Part 5 were added to
the respective packing instructions to ensure protection against damage
of the packages and their contents; therefore, PHMSA is harmonizing
this change in Sec. 173.185(c)(4)(ii).
These amendments (i.e., hazard communication clarifications and
revisions to lithium battery requirements for consistency) maintain the
level of safety currently present in the HMR's high safety standard.
Safety benefits will also be derived from improved compliance related
to consistency amongst domestic and international regulations. PHMSA
received a comment from MDTC in support of this revision.
Section 173.185(c)(5), which corresponds to Packaging Instructions
965 and 968 in Section IB of the ICAO Technical Instructions, provides
an exception from specification packing requirements for smaller
lithium cells and batteries, not exceeding the size prescribed in
paragraph (c)(1) and subject to certain quantity limits. PHMSA is
revising the paragraph (c)(5) introductory text to, ``Air
transportation for smaller lithium cell and batteries.'' Combined with
the revision to the (c)(4) introductory text, this will assist users of
this section to understand that the requirements in this section apply
to smaller lithium cells and batteries transported by air. PHMSA is
also removing the references to paragraph (c)(4) limitations based on
their removal, as described above. Additionally, PHMSA is moving the
regulatory requirements of paragraph (c)(5) to a new paragraph
(c)(5)(i), based on the addition of new paragraph (c)(5)(ii). As
mentioned, PHMSA is adding a new paragraph (c)(5)(ii) to require
packages to be capable of withstanding a three-meter stack test for a
duration of 24 hours. Because lithium cells and batteries offered in
accordance with paragraph (c)(5) are excepted from the specification
package requirements, they are not presently subject to a stack test.
However, the general requirements for limited quantity packages by air
in Sec. 173.27(f)(2)(vi), which are also excepted from specification
packaging requirements, requires that each package be capable of
withstanding a three-meter stack test for a duration of 24 hours. In
considering the packaging standards between limited quantity packages
and those for smaller lithium cells and batteries, it was agreed by the
DGP that packages must be capable of withstanding a stack test, in
parallel with the requirement for limited quantity packages. PHMSA
agrees with introducing a stack test as a preventative safety measure
against potential damage to lithium battery packages from stacking of
packages and is including a stack test requirement in new paragraph
(c)(5)(ii). PHMSA received comments in response to the NPRM from PRBA,
COSTHA, and DGAC in support of this revision.
Lastly, consistent with corresponding revisions to international
standards, PHMSA is making editorial revisions in paragraphs (e)(6) and
(e)(7), where references to ``battery assemblies'' are removed and
replaced with the phrase ``cells and batteries,'' as used throughout
the section. Paragraph (a)(1) requires each lithium cell or battery to
be of the type proven to meet the criteria in part III, sub-section
38.3, of the UN Manual of Tests and Criteria. The 38.3.2.3 definition
for ``battery'' states that:
``. . . Units that are commonly referred to as ``battery packs,''
``modules'' or ``battery assemblies'' having the primary function of
providing a source of power to another piece of equipment are, for
the purposes of the Model Regulations and this Manual, treated as
batteries.''
Use of ``battery assemblies'' may be a source of confusion, as the
reader may understand it to have a separate meaning from ``battery,''
yet it is not specifically defined in the HMR. Further, based on the
above requirements to comply with the UN Manual of Tests and Criteria
and its associated meaning of ``battery assemblies,'' PHMSA considers
that the use of the term ``battery assemblies'' is redundant with the
term ``battery'' in the context of these transport requirements, and is
revising the text to reduce confusion of the provisions in these
paragraphs regarding applicability to the assembly or to the cells and
batteries contained within an assembly. PHMSA expects that the changes
to
[[Page 25456]]
Sec. 173.185 will provide clarity, thus enhancing the safety standard
in the HMR for transportation of lithium batteries. PHMSA received
comments in response to the NPRM from MDTC and COSTHA in support of
this revision.
Section 173.224
Section 173.224 establishes packaging, and control and emergency
temperatures for self-reactive materials. The Self-Reactive Materials
Table in paragraph (b) of this section specifies requirements for self-
reactive materials authorized for transportation that do not require
prior approval for transportation by the Associate Administrator for
Hazardous Materials Safety. As a result of new self-reactive materials
formulations becoming commercially available, the 22nd revised edition
of the UN Model Regulations includes updates to the list of specified
self-reactive materials authorized for transportation without prior
approval. To maintain consistency with the UN Model Regulations, PHMSA
is updating the Self-Reactive Materials Table by adding a new entry for
``(7-Methoxy-5-methyl-benzothiophen-2-yl) boronic acid.'' PHMSA also is
correcting the name of one of the listed self-reactive substances on
the self-reactive substances table. Currently, ``2-(N,N-
Methylaminoethylcarbonyl)-4-(3,4-dimethyl-phenylsulphonyl)benzene
diazonium zinc chloride'' is listed; however, this formulation name
should be ``2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-
dimethylphenylsulphonyl)benzenediazonium hydrogen sulphate.'' While
reviewing the self-reactive table in the UN Model Regulations and ICAO
Technical Instructions, PHMSA discovered that ``2-(N,N-
Methylaminoethylcarbonyl)-4-(3,4-dimethyl-phenylsulphonyl)benzene
diazonium zinc chloride'' does not appear in any other international
regulations but that ``2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-
dimethylphenylsulphonyl)benzenediazonium hydrogen sulphate'' does and
includes identical packaging provisions. PHMSA does not believe there
is any formulation called ``2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-
dimethyl-phenylsulphonyl)benzene diazonium zinc chloride'' that exists,
and that this entry as it appears is the result of an editorial error
in which two individual formulation names were inadvertently combined.
Therefore, PHMSA is correcting the name associated with this
formulation by removing the suffix ``benzene diazonium zinc chloride''
and replacing it with ``benzenediazonium hydrogen sulphate.''
In addition, PHMSA is assigning a new ``Note 6'' to this entry
among the list of notes following the table. ``Note 6'' will provide
concentration limits of water and organic impurities for this new self-
reactive material. PHMSA expects that adding provisions for the
transport of (7-Methoxy-5-methyl-benzothiophen-2-yl) boronic acid
formulations will facilitate its transport while maintaining the HMR's
safe standard for transportation of self-reactive hazardous materials.
PHMSA is also revising Sec. 173.224(b)(4). In a previous final
rule, HM-215O, PHMSA revised Sec. 173.224 to authorize self-reactive
materials to be transported and packed in accordance with packing
method OP8 where transport in IBCs or portable tanks is permitted in
accordance with Sec. 173.225, provided that the control and emergency
temperatures specified in the instructions are complied with. This
change allowed materials that are authorized in bulk packagings to also
be transported in appropriate non-bulk packagings. PHMSA is making an
editorial correction to a reference to the formulations listed in Sec.
173.225. In the course of adding this provision, PHMSA incorrectly
directed users to the Organic Peroxide IBC Table by referencing
173.225(f); however, the table is found in 173.225(e). Therefore, PHMSA
is correcting that sentence to refer to 173.225(e).
Section 173.225
Section 173.225 prescribes packaging requirements and other
provisions for organic peroxides. As a result of new peroxide
formulations becoming commercially available, the 22nd revised edition
of the UN Model Regulations includes updates to the list of identified
organic peroxides, which provides for formulations of these materials
that are authorized for transportation without prior approval. To
maintain consistency with the UN Model Regulations, PHMSA is updating
the Organic Peroxide Table in Sec. 173.225(c) by adding new entries
for ``tert-Butylperoxy isopropylcarbonate,'' ``tert-hexyl
peroxypivalate,'' and ``acetyl acetone peroxide,'' and identifying them
as ``UN3105, Organic peroxide type D, liquid;'' ``UN3117, Organic
peroxide type E, liquid, temperature controlled;'' and ``UN3107,
Organic peroxide type E, liquid,'' respectively. Additionally, PHMSA is
adding a ``Note 32'' following the table, in association with the new
entry for ``acetyl acetone peroxide,'' to indicate that the active
oxygen concentration for this formulation is limited to concentrations
of 4.15% active oxygen or less. PHMSA also is revising the Organic
Peroxide Portable Tank Table in paragraph (g) to maintain alignment
with the 22nd revised edition of UN Model Regulations by adding the new
formulation ``tert-Butyl hydroperoxide, not more than 56% with diluent
type B,'' identified by ``UN3109, Organic peroxide type F, liquid.''
This amendment will also include the addition of ``Note 2'' following
the table to specify that diluent type B is tert-Butyl alcohol. PHMSA
expects that adding provisions for the transport of these newly
available peroxide formulations will facilitate transportation of these
materials, while maintaining the HMR's safety standard for
transportation of organic peroxide hazardous materials.
Section 173.232
Section 173.232 outlines the packaging requirements for articles
containing hazardous materials. For the purposes of this section, an
``article'' means machinery, apparatus, or other device that contains
one or more hazardous materials--or residues thereof--that are an
integral element of the article, are necessary for its functioning, and
cannot be removed for the purpose of transport. Currently, these
articles are forbidden from transport on passenger and cargo-only
aircraft, as specified in column (9) of the HMT. However, the 2023-2024
ICAO Technical Instructions include new provisions permitting the
transport of certain articles containing hazardous materials aboard
passenger and cargo-only aircraft. These new provisions allow articles
described and classified as ``UN3548, Articles containing miscellaneous
dangerous goods, n.o.s., 9'' or ``UN 3538, Articles containing non-
flammable, non-toxic gas, n.o.s., 2.2'' to be transported by cargo-only
and passenger aircraft under certain conditions. PHMSA is making
changes consistent with those provisions by adding two new packaging
provisions in Sec. 173.232, in addition to the new special provisions
A224 and A225 discussed above in Section-by-Section Review of
amendments for Sec. 172.102. Specifically, PHMSA is specifying in
paragraph (h) that air transport is permitted for UN3548 when the
articles: (1) do not have an existing proper shipping name; (2) contain
only environmentally hazardous substances exceeding 5 L or 5 kg; and
(3) all other conditions of Sec. 173.232 are met. In a new paragraph
(h)(ii), the same requirements are added for articles transported under
UN3538, which: (1) do not have an existing proper shipping name; (2)
contain only
[[Page 25457]]
gases of Division 2.2 without a subsidiary hazard, except for
refrigerated liquefied gases and other gases that are forbidden for
transport on passenger aircraft, where the quantity of the Division 2.2
gas exceeds the quantity limits for UN 3363, as prescribed in Sec.
173.222; (3) the quantity of gas in the article does not exceed 75 kg
when transported by passenger aircraft or 150 kg when transported by
cargo-only aircraft; and (4) gas containing receptacles within the
article must meet the requirements of Part 173 and Part 175, as
appropriate., or meet a national or regionally recognized pressure
receptacle standard.
Additionally, both packaging provisions also permit the transport
of these articles, containing lithium cells or batteries, provided that
the batteries meet the requirements specified in Sec. 173.185(c). The
aim of these new provisions is to facilitate the transport of large
articles containing environmentally hazardous substances, such as
aircraft landing gear struts filled with hydraulic fluid, and large
articles containing a non-flammable, non-toxic gas, such as new types
of magnetic resonance imaging (MRI) scanners, which often contain
compressed helium, as well as lithium cells or batteries. As a
participant on the DGP, PHMSA expects that the packaging provisions
provide an appropriate level of safety to allow these items to be
transported by air and are appropriate for incorporation in the HMR.
Section 173.301b
Section 173.301b outlines additional general requirements when
shipping gases in UN pressure receptacles (e.g., cylinders). The 22nd
revised edition of the UN Model Regulations updated references of
several authorized standards for ensuring proper valve protection. In
order to maintain the current safety standard of the HMR for valve
protection and harmonization with the requirements for UN pressure
receptacles, PHMSA is also updating these references. Currently,
paragraph (c)(1) requires that quick release cylinder valves for
specification and type testing must conform to the requirements in ISO
17871:2015(E), ``Gas cylinders--Quick-release cylinder valves--
Specification and type testing.'' ISO 17871, in conjunction with ISO
10297 and ISO 14246, specifies design, type testing, marking,
manufacturing tests, and examination requirements for quick-release
cylinder valves, intended to be fitted to refillable transportable gas
cylinders and pressure drums, and tubes used to transport compressed or
liquefied gases or extinguishing agents charged with compressed gases
to be used for fire-extinguishing, explosion protection, and rescue
applications. As part of its regular review of its standards, ISO
updated and published the second edition of ISO 17871 as ISO
17871:2020(E). PHMSA is revising the valve requirements in this
paragraph to require quick release cylinder valves for specification
and type testing to conform to ISO 17871:2020(E). After December 31,
2026, conformance with ISO 17871:2015(E) will no longer be authorized
in the UN Model Regulations; therefore, for consistency, PHMSA is
adding a phaseout date of December 31, 2026, for continued conformance
with ISO 17871:2015(E). PHMSA clarified in the ``Section IV: Comment
Discussion'' section of this final rule that the phaseout date of
December 31, 2026, applies to the manufacturing of valves under ISO
17871:2015(E). Valves manufactured before December 31, 2026, would
still be authorized under the HMR. The second edition of this standard
broadens the scope to include quick release valves for pressure drums
and tubes, and specifically excludes the use of quick-release valves
with flammable gases. Other notable changes include the addition of the
valve burst test pressure; the deletion of the flame impingement test;
and the deletion of the internal leak tightness test at -40 [deg]C for
quick-release cylinder valves, used only for fixed firefighting systems
installed in buildings. PHMSA expects that updating the requirements
for conformance of UN pressure receptacles with this document will
maintain the HMR safety standard for these packagings, and facilitate
compliance with valve requirements domestically and internationally by
aligning the HMR with changes adopted in the 22nd revised edition of
the UN Model Regulations. PHMSA reviewed this edition as part of its
regular participation in the review of amendments for the UN Model
Regulations.
PHMSA also is revising paragraph (c)(2), which requires UN pressure
receptacles to have their valves protected from damage to prevent
unintentional release of the contents of the receptacles. Various
methods on how to achieve damage protection are provided, including
equipping the container with a valve cap or guard that conforms to ISO
11117:2008, ``Gas cylinders--Valve protection caps and guards--Design,
construction and tests'' and the Technical Corrigendum 1, a
complementary document to the standard. As part of its regular review
of its existing standards, in 2019, ISO published an updated version of
this standard, 11117:2019, which was adopted in the 22nd revised
edition of the UN Model Regulations as a permitted conformance standard
for valve protection. This document updates the 2008 version, currently
authorized in paragraphs (c)(2)(ii) and (c)(2)(iii). In accordance with
the UN Model Regulations, PHMSA also is authorizing the continued use
of ISO 11117:2008, in conjunction with the Technical Corrigendum, until
December 31, 2026. PHMSA clarified in the ``Section IV: Comment
Discussion'' section of this final rule that the phaseout date of
December 31, 2026, applies to the manufacturing of valve protection
caps under ISO 11117:2008. Valves manufactured before December 31,
2026, would still be authorized under the HMR. Similarly, for metal
hydride storage systems, damage protection of the valve must be
provided in accordance with ISO 16111:2008, ``Transportable gas storage
devices--Hydrogen absorbed in reversible metal hydride.'' As part of
its regular review of its existing standards, in 2018, ISO published an
updated version of this standard, which was adopted in the 22nd revised
edition of the UN Model Regulations as a permitted conformance standard
for valve protection. Therefore, to maintain alignment with the UN
Model Regulations' requirements for UN metal hydride storage systems,
PHMSA is updating the required standard for protection of valves to ISO
16111:2018 and including a phaseout date of December 31, 2026, for
continued use of valve guards conforming to valve protection standards
in ISO 16111:2008. PHMSA clarified in the ``Section IV: Comment
Discussion'' section of this final rule that the phaseout date of
December 31, 2026, applies to the manufacturing of valves under ISO
16111:2008. Valves manufactured before December 31, 2026, would still
be authorized under the HMR. PHMSA has reviewed the updated ISO
standards as part of its regular participation in the review of
amendments for the UN Model Regulations and has determined use of the
update ISO 16111 will maintain the HMR safety standard for protection
of valves used in UN metal hydride storage systems.
Paragraph (d) requires that when the use of a valve is prescribed,
the valve must conform to the requirements in ISO 11118:2015(E), ``Gas
cylinders--Non-refillable metallic gas cylinders--Specification and
test methods.'' ISO 11118:2015 specifies minimum requirements for the
material, design,
[[Page 25458]]
inspections, construction and workmanship, manufacturing processes, and
tests at manufacture of non-refillable metallic gas cylinders of
welded, brazed, or seamless construction for compressed and liquefied
gases, including the requirements for their non-refillable sealing
devices and their methods of testing. For consistency with the UN Model
Regulations, PHMSA is revising the valve conformance requirements to
include a reference to the 2019 amendment of ISO 11118, specifically,
ISO 11118:2015/Amd 1:2019, which ISO published as a supplement to ISO
11118:2015(E). This supplement corrects the references and numerous
typographical errors. The amendment also includes updates to the
marking requirements in the normative Annex A, which includes
clarifications, corrections, and new testing requirements.
Additionally, paragraph (d) currently indicates that the manufacture of
valves to ISO 13340:2001(E) is authorized until December 31, 2020.
Since this date has passed, PHMSA is removing reference to this expired
authorization.
Updating references to these documents will align the HMR with
changes adopted in the 22nd revised edition of the UN Model Regulations
pertaining to the design and construction of UN pressure drums. PHMSA
has reviewed this edition as part of its regular participation in the
review of amendments for the UN Model Regulations and does not expect
any degradation of safety standards in association with its use.
Lastly, paragraph (f) of this section requires that for the
transportation of hydrogen bearing gases, a steel UN pressure
receptacle bearing an ``H'' mark must be used. The ``H'' marking
indicates that the receptacle is compatible with hydrogen embrittling
gases. However, some hydrogen bearing gases may also be transported in
composite pressure receptacles with steel liners as provided in Sec.
173.311. Therefore, PHMSA is amending Sec. 173.301b(f) to clarify that
these compatibility provisions apply to steel UN cylinders as well as
composite pressure receptacles that include steel liners. PHMSA expects
that this amendment will add an additional level of safety by ensuring
that suitability of materials is considered when shippers opt to use
composite cylinders for the transport of hydrogen bearing gases.
Section 173.302b
In the NPRM, PHMSA proposed to add a new Special Provision 441,
assigning it to ``UN1045, Fluorine, compressed.'' As previously
discussed in ``Section IV: Comment Discussion'' section of this final
rule, PHMSA is moving the regulatory language from the proposed special
provision 441 into Sec. 173.302b(g). This new paragraph addresses gas
mixtures containing fluorine and inert gases in UN pressure receptacles
in accordance with changes adopted in the 22nd revised edition of the
UN Model Regulations. Specifically, this change provides latitude with
regard to the maximum allowable working pressure when fluorine is a
part of a mixture, which contains less reactive gases, such as
nitrogen, when the mixture is transported in UN pressure receptacles.
As a strongly oxidizing gas, pure fluorine requires specific safety
measures because it reacts spontaneously with many organic materials
and metals. Additionally, because of its reactive properties, the UN
Model Regulations limit the maximum allowable working pressure for pure
fluorine in cylinders to 30 bar; a minimum test pressure of 200 bar is
also required. However, prior to changes adopted in the 22nd revised
edition of the UN Model Regulations, there was no guidance on the
maximum allowable working pressure and minimum test pressure for
mixtures of gases that contain fluorine. Commercially, these mixtures
are often placed on the market and used in concentrations, which may
include as little as one percent fluorine combined with noble gases, or
10 to 20 percent fluorine mixed with nitrogen. Due to the lack of
specific provisions addressing fluorine gas mixtures, such mixtures
containing relatively inconsequential amounts of fluorine were subject
to the same requirements (restrictive maximum allowable working
pressures) as pure fluorine. Given that fluorine, in a mixture with
inert gases or nitrogen, is less reactive towards materials than pure
fluorine, the UNSCOE determined that gas mixtures containing less than
35% fluorine by volume should no longer be treated like pure fluorine
and may use a higher maximum allowable working pressure. The new
packing provision added in the 22nd revised edition of the UN Model
Regulations allows for pressure receptacles containing mixtures of
fluorine and inert gases (including nitrogen) to have higher working
pressures by allowing for consideration of the partial pressures
exerted by the other constituents in the mixture, rather than limiting
the pressure in the receptacle based on fluorine alone. Specifically,
the provision permits mixtures of fluorine and nitrogen with a fluorine
concentration below 35% by volume to be filled in pressure receptacles
up to a maximum allowable working pressure for which the partial
pressure of fluorine does not exceed 31 bar absolute. Additionally, for
mixtures of true inert gases and fluorine, where the concentration of
fluorine is below 35% by volume, pressure receptacles may be filled up
to a maximum allowable working pressure for which the partial pressure
of fluorine does not exceed 31 bar absolute, provided that when
calculating the partial pressure, the coefficient of nitrogen
equivalency is determined and accounted for in accordance with ISO
10156:2017. Finally, the newly added provision for these two types of
gas mixtures limits the working pressure to 200 bar or less, and
requires that the minimum test pressure of pressure receptacles for
these mixtures equals 1.5 times the working pressure or 200 bar, with
the greater value to be applied. While PHMSA is not adding similar
provisions for this type of mixture in DOT specification cylinders in
this rulemaking, PHMSA has evaluated the rationale and methods for
determining the pressure limits in UN pressure receptacles, and finds
that they provide an equivalent level of safety. For this reason, PHMSA
is adopting the packing instruction as drafted in the UN Model
Regulations as a new paragraph to Sec. 173.302b of the HMR.
Section 173.302c
Section 173.302c outlines additional requirements for the shipment
of adsorbed gases in UN pressure receptacles. Currently paragraph (k)
requires that filling of UN pressure receptacles with adsorbed gases be
performed in accordance with Annex A of ISO 11513:2011, ``Gas
cylinders--Refillable welded steel cylinders containing materials for
sub-atmospheric gas packaging (excluding acetylene)--Design,
construction, testing, use and periodic inspection.'' As part of its
periodic review and updates of standards, ISO has developed an updated
second edition (published in 2019). The updated ISO 11513 standard was
adopted in the 22nd revised edition of the UN Model Regulations for use
in cylinders filled with adsorbed gases. Similarly, PHMSA is requiring
use of Annex A of ISO 11513:2019. Specifically, this amendment will
require the use of the 2019 standard and provide a phaseout date for
continued use of the ISO 11513:2011 until December 31, 2024. Updating
references to this document will align the HMR with changes adopted in
the 22nd revised edition of the UN Model Regulations pertaining to the
shipment
[[Page 25459]]
of adsorbed gases in UN pressure receptacles. PHMSA has reviewed this
edition as part of its regular participation in the review of
amendments for the UN Model Regulations and does not expect any
degradation of safety standards in association with its use.
Section 173.311
Section 173.311 specifies requirements for transportable UN metal
hydride storage systems (UN3468) that are comprised of pressure
receptacles not exceeding 150 L (40 gallons) in water capacity, and
having a maximum developed pressure not exceeding 25 MPa (145 psi).
Currently, the HMR requires that these metal hydride storage systems be
designed, constructed, initially inspected, and tested in accordance
with ISO 16111:2008, ``Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride.'' However, the 22nd revised
edition of the UN Model Regulations updated references to this standard
to authorize the use of the updated 2018 version of ISO 16111, while
allowing the 2008 version to remain authorized for use until December
31, 2026. PHMSA clarified in the ``Section IV: Comment Discussion''
section of this final rule that the phaseout date of December 31, 2026,
applies to the manufacturing of cylinders under ISO 16111:2008.
Cylinders manufactured before December 31, 2026, would still be
authorized under the HMR. Therefore, for consistency with the
requirements for UN metal hydride storage systems, PHMSA is adopting
changes made in the 22nd revised edition of the UN Model Regulations to
authorize the use of ISO 16111:2018 and add a phaseout date of December
31, 2026, for continued use of ISO 16111:2008. PHMSA has reviewed this
edition as part of its regular participation in the review of
amendments for the UN Model Regulations and has determined the updated
edition of ISO 16111 will maintain the HMR safety standards for the
design, construction, initial inspection, and testing of UN metal
hydride storage systems.
D. Part 175
Section 175.1
Section 175.1 outlines the purpose, scope, and applicability of the
Part 175 requirements for the transport of hazardous materials by
aircraft. Specifically, these requirements are in addition to other
requirements contained in the HMR. The aircraft-level risk presented by
hazardous materials depends on several factors, such as the total
quantity and type, potential interactions, and existing risk mitigation
measures. When accepting hazardous materials for transportation by
aircraft, certain aircraft operators (i.e., air carriers) must also
comply with the Federal Aviation Administration (FAA) Safety Management
System (SMS) requirements in 14 CFR part 5--Safety Management Systems,
which impacts how operators comply with requirements of the HMR.
PHMSA is adding a new paragraph (e) to this sections that directs
14 CFR part 121 certificate holders to the FAA's requirements to have
an SMS in accordance with 14 CFR part 5. This action will not introduce
new regulatory burden, as the SMS requirements for Part 121 certificate
holders have been in place for several years. However, PHMSA expects
that adding a reference to these requirements in the HMR will provide
additional clarity for Part 121 aircraft operators, particularly with
SMS applicability to the acceptance and transport of hazardous
materials at the aircraft level. Finally, PHMSA notes that the FAA
Advisory Circular (AC) 120-121 \29\ provides information relating to
safety risk assessments (which is the process within the SMS composed
of describing the system, identifying the hazards, and analyzing,
assessing, and controlling risk) and potential mitigation strategies to
items in the aircraft cargo compartment. When using this document,
aircraft operators should refer to requisite ICAO documents; check the
FAA website for additional information on cargo safety and mitigations
relating to fire events; and consider safety enhancements developed and
promoted by industry groups.
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\29\ <a href="https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_120-121.pdf">https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_120-121.pdf</a>.
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Section 175.10
Section 175.10 specifies the conditions under which passengers,
crew members, or an air operator may carry hazardous materials aboard
an aircraft. Consistent with revisions to the ICAO Technical
Instructions, PHMSA is making revisions in paragraphs (a)(15) and
(a)(17) applicable to the carriage of wheelchairs or other mobility
aids powered by batteries. Specifically, in paragraphs (a)(15)(v)(A),
(a)(15)(vi)(A) and (a)(17)(ii)(C), which currently require that the
battery be securely attached to the wheelchair or mobility aid, PHMSA
is adding the supplemental requirement that the battery is also
adequately protected against damage by the design of the wheelchair or
mobility aid. The revisions will enhance the safe carriage of these
battery-powered items aboard passenger aircraft by requiring combined
measures of protection against damage and securement of the batteries.
Furthermore, the revisions will assist passengers traveling with
battery-powered wheelchairs or mobility aids by providing better
clarity on the required safety measures. Additionally, PHMSA is
revising introductory text to paragraphs (a)(14) and (a)(26) to
specifically state that each lithium battery must be of a type that
meets the requirements of the UN Manual of Tests and Criteria, Part
III, Subsection 38.3. Currently this requirement is outlined in every
other subparagraph under paragraph (a) pertaining to lithium batteries
but was inadvertently omitted in prior rulemakings for paragraphs
(a)(14) and (a)(26). In its comment to the NPRM, COSTHA notes that
PHMSA inadvertently left out the word ``lithium'' to clarify the
testing requirements in this section apply to lithium batteries. PHMSA
concurs with the COSTHA comment and is revising Sec. 175.10(a)(14) to
clarify that the testing requirements in this section only apply to
lithium powered batteries. Additionally, PHMSA received comments from
ALPA, MDTC, and PRBA in support of this proposal. Therefore, for
clarity and consistency with the ICAO Technical Instructions, PHMSA is
making this editorial change and expects it will improve safety by
ensuring it is understood that all lithium batteries transported under
the provisions of that paragraph are subject to UN testing.
PHMSA is revising paragraph (a)(18) regarding the carriage of
portable electronic devices (e.g., watches,
[…truncated; see source link]Indexed from Federal Register on April 10, 2024.
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.