Proposed Rule2026-21922
Hazardous Materials: Harmonization With International Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 27, 2026
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA proposes to update the Hazardous Materials Regulations to adopt certain international regulations and standards related to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These proposed amendments are intended to maintain consistency with the latest international regulations and standards, to reduce costs to entities or individuals within the United States, and to lower the cost of regulations on the U.S. economy.
Full Text
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<title>Federal Register, Volume 91 Issue 206 (Tuesday, October 27, 2026)</title>
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[Federal Register Volume 91, Number 206 (Tuesday, October 27, 2026)]
[Proposed Rules]
[Pages 67720-67763]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21922]
[[Page 67719]]
Vol. 91
Tuesday,
No. 206
October 27, 2026
Part III
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 171, 172, 173, et al.
Hazardous Materials: Harmonization With International Standards;
Proposed Rule
Federal Register / Vol. 91, No. 206 / Tuesday, October 27, 2026 /
Proposed Rules
[[Page 67720]]
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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-2025-0048 (HM-215S)]
RIN 2137-AF75
Hazardous Materials: Harmonization With International Standards
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
U.S. Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: PHMSA proposes to update the Hazardous Materials Regulations
to adopt certain international regulations and standards related to
proper shipping names, hazard classes, packing groups, special
provisions, packaging authorizations, air transport quantity
limitations, and vessel stowage requirements. These proposed amendments
are intended to maintain consistency with the latest international
regulations and standards, to reduce costs to entities or individuals
within the United States, and to lower the cost of regulations on the
U.S. economy.
DATES: Comments must be received by December 28, 2026. To the extent
possible, PHMSA will consider late-filed comments while a final rule is
developed.
ADDRESSES: You may submit comments by any of the following methods:
<bullet> Federal Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Mail: Docket Management System; U.S. Department of
Transportation, Docket Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001.
<bullet> Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Instructions: Include the agency name and docket number PHMSA-2025-
0048 (HM-215S) or RIN 2137-AF75 for this rulemaking at the beginning of
your comment. All comments received will be posted without change to
<a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information
provided. If sent by mail, comments must be submitted in duplicate.
Persons wishing to receive confirmation of receipt of their comments
must include a self-addressed stamped postcard.
Docket: For access to the dockets to read background documents
(including the Preliminary Regulatory Impact Analysis (PRIA)) or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> or DOT's Docket
Operations Office (see ADDRESSES).
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments in response to this NPRM contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this NPRM, it is important that you clearly designate the
submitted comments as CBI. Pursuant to 49 CFR 105.30, you may ask PHMSA
to provide confidential treatment to the information you give to the
agency by taking the following steps: (1) mark each page of the
original document submission containing CBI as ``Confidential;'' (2)
send PHMSA a copy of the original document with the CBI deleted along
with the original, unaltered document; and (3) explain why the
information you are submitting is CBI. Submissions containing CBI
should be sent to Steven Andrews, DOT: PHMSA-PHH-10, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001. Any comment PHMSA receives that
is not explicitly designated as CBI will be placed in the public
docket.
FOR FURTHER INFORMATION CONTACT: Steven Webb or Aaron Wiener,
International Program, or Steven Andrews, 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, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR Part 51
IV. Amendments Not Being Proposed for Adoption
V. Section-by-Section Review of NPRM Proposals
VI. Regulatory Analyses and Notices
A. Legal Authority
B. Executive Order 12866; Regulatory Planning and Review
C. Executive Orders 14192 and 14219
D. Energy-Related Executive Orders 13211, 14154, and 14156
E. Executive Order 13132: Federalism
F. Regulatory Flexibility Act
G. Unfunded Mandates Reform Act of 1995
H. National Environmental Policy Act
I. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
J. Privacy Act
K. Paperwork Reduction Act
L. Executive Order 13609 and International Trade Analysis
M. National Technology Transfer and Advancement Act
N. Cybersecurity and Executive Order 14028
O. Severability
I. Executive Summary
The Federal Hazardous Materials Transportation Law directs the
Secretary of Transportation to ensure domestic regulations for the
transportation of hazardous materials are generally consistent with the
latest international regulations and standards, unless they are
unnecessary or unsafe, or a more stringent safety standard is in the
public interest.\1\ Consistent with this statutory requirement, the
Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes
to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to
180) to adopt certain international regulations and standards. The
amendments in this notice of proposed rulemaking (NPRM) include changes
to material incorporated by reference, hazardous materials descriptions
and proper shipping names (PSN), hazard classes, packing groups (PG),
special provisions (SP), packaging authorizations, air transport
quantity limitations, and vessel stowage requirements.
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\1\ 49 U.S.C. 5120.
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The proposed amendments will maintain the current levels of safety
achieved under the HMR. Harmonizing the HMR with international
regulations and standards will reduce delays and interruptions in the
transportation of hazardous materials and promote the free flow of
commerce by eliminating unnecessary and outdated regulatory
requirements. Overall, the proposed amendments will reduce costs to
entities or individuals within the U.S. or otherwise lower the cost of
regulations on the U.S. economy.\2\
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\2\ Readers should be aware that several provisions in this NPRM
cover subject matter similar to that discussed in the recently
published HM-215R NPRM (91 FR 5996; Feb. 10, 2026). To the extent
any text appears inconsistent between the two documents, PHMSA
asserts such instances will be reconciled upon publication of the
HM-215R final rule.
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PHMSA anticipates the NPRM will benefit safety by harmonizing
domestic and international regulations. PHMSA
[[Page 67721]]
solicits comments on the need, benefits, and costs of the proposed HMR
revisions; impact on safety and the environment; and any other relevant
information. PHMSA also solicits comments regarding approaches to
reducing the costs of the proposed HMR revisions while maintaining or
increasing safety benefits and on any other specific changes (e.g.,
greater flexibility regarding a particular proposal) that might improve
the rulemaking. As further explained in the Preliminary Regulatory
Impact Analysis (PRIA), PHMSA expects the aggregate benefits of the
NPRM will justify the aggregate costs for U.S. entities or individuals.
II. Background
PHMSA participates in the development of international standards
for the transportation of hazardous materials and promotes the adoption
of standards consistent with the HMR. When considering whether to adopt
new or amended international regulations and standards, PHMSA reviews
each provision, assesses its overall impact on transportation safety,
and analyzes the economic impacts of its adoption. The goal of PHMSA is
to harmonize the HMR without reducing safety or imposing undue burdens
on the regulated community.
The United Nations Sub-Committee of Experts (UNSCOE) on the
Transport of Dangerous Goods (TDG) and on the Globally Harmonized
System of Classification and Labelling of Chemicals (GHS) issues the UN
Model Regulations (UNMR). The UNMR are amended and updated biennially
by the UNSCOE and serve as the basis for national, regional, and
international modal regulations, including the International Civil
Aviation Organization (ICAO) Technical Instructions and IMDG Code.
PHMSA routinely updates the HMR to incorporate by reference these
biennial amendments.
PHMSA has evaluated the latest biennial updates and proposes to
revise the HMR to adopt changes consistent with revisions to the 2027-
28 edition of the ICAO Technical Instructions, Amendment 43-26 to the
IMDG Code, the 2024 updates to the Transport Canada's TDG, and the 24th
revised edition of the UNMR. These biennial updates will be published
by or in effect on January 1, 2027.\3\ PHMSA also proposes to
incorporate by reference certain revised international regulations and
standards, as well as several new or updated International Organization
of Standardization (ISO) standards, which are referenced in these
international frameworks. The regulations and standards incorporated by
reference are authorized for use for domestic and international
transportation under specific conditions in 49 CFR part 171, subpart C
of the HMR.
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\3\ Amendment 43-26 of the IMDG Code becomes mandatory on
January 1, 2027. Voluntary compliance will begin on January 1, 2026;
PHMSA also proposes to adopt the provisions from Addendum 1 to the
2026-27 Edition of the ICAO Technical Instructions issued and
effective on March 27, 2026. See discussion in Section 175.10,
Section IV. Section-by-Section Review of NPRM Proposals for more
details.
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III. Incorporation by Reference Discussion Under 1 CFR Part 51
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. The Office
of Management and Budget (OMB) issued Circular A-119 (Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities) to implement the
obligations imposed on Federal agencies under the NTTAA. OMB Circular
A-119 provides guidance for agencies participating in voluntary
consensus standards bodies and describes procedures for satisfying the
reporting requirements in the NTTAA.
PHMSA is responsible for determining which standards currently
referenced in the HMR should be updated, revised, or removed, and which
new standards should be added to the HMR, under the NTTAA and OMB
Circular A-119. PHMSA proposes revisions to materials incorporated by
reference in the HMR via the notice-and-comment rulemaking process.
PHMSA must obtain approval from the Office of the Federal Register to
incorporate by reference any new materials during that process. The
Office of the Federal Register issued a rulemaking 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.\4\
Proposed changes to the material incorporated by reference in the HMR
are discussed in detail in the Section 171.7 discussion (see Section V.
Section-by-Section Review of NPRM Proposals).
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\4\ 79 FR 66278 (Nov. 7, 2014).
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The regulations and standards addressed in this NPRM are reasonably
available to interested parties in several ways. The UNMR and its
supporting United Nations Manual of Tests and Criteria (UN Manual of
Tests and Criteria) are free and easily accessible to the public on the
internet (links are provided in footnotes as part of the Section 171.7
discussion (see Section V. Section-by-Section Review of NPRM
Proposals)).\5\ The Transport Canada Transportation of Dangerous Goods
regulations are also available for free online.\6\ The ICAO Technical
Instructions, the IMDG Code, and all ISO standard references are
available for interested parties to purchase, either in print or
electronic versions through the organizations' websites. In addition,
all standards that PHMSA proposes to incorporate by reference in the
NPRM will be available for review at the DOT docket office during the
comment period, free of charge, at PHMSA Headquarters, 1200 New Jersey
Avenue SE, Washington, DC 20590.
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\5\ UNECE, Manual of Tests and Criteria, Eighth Revised Edition,
(2023), available at: <a href="https://unece.org/transport/publications/un-manual-tests-and-criteria-rev8-2023">https://unece.org/transport/publications/un-manual-tests-and-criteria-rev8-2023</a>.
\6\ Transport Canada, Transportation of Dangerous Goods
Regulations (Oct. 2025), available at: <a href="https://tc.canada.ca/en/corporate-services/acts-regulations/list-regulations/transportation-dangerous-goods-regulations">https://tc.canada.ca/en/corporate-services/acts-regulations/list-regulations/transportation-dangerous-goods-regulations</a>.
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IV. Amendments Not Proposed for Adoption
PHMSA has determined that certain elements of updated international
regulations and standards should not be adopted into the HMR and thus
is not including them in this proposed rule.\7\ PHMSA has also
determined that certain transport requirements should be considered for
authorization on a case-by-case basis through special permits rather
than proposed for adoption for general applicability in the HMR.
Additional information about these topics is provided below.
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\7\ See 49 U.S.C. 5120(c).
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A. Revised Cylinder Definitions
The 24th revised edition of the UNMR contains updated definitions
for ``cylinder,'' ``bundle of cylinders,'' ``salvage pressure
receptacle,'' ``tube,''
[[Page 67722]]
``usable water capacity,'' and ``pressure-volume product.'' The
cylinder definition includes a test-pressure cap expressed in
volumetric-pressure units (e.g., 1.5 million bar-litres). Additional
information about these revisions is available in the UNSCOE TDG
working paper.\8\
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\8\ United Nations Economic Commission for Europe (UNECE),
Additional data on proposal ST/SG/AC.10/C.3/2023/1--Report of the
intersessional working group on the pV-product limit for pressure
receptacles (Apr. 11, 2023), available at: <a href="https://unece.org/sites/default/files/2023-05/ST-SG-AC.10_C.3-2023-1e.pdf">https://unece.org/sites/default/files/2023-05/ST-SG-AC.10_C.3-2023-1e.pdf</a>.
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PHMSA is declining to propose to adopt these revised definitions.
PHMSA has not identified sufficient safety or performance data
indicating that the revised definitions would produce measurable safety
benefits beyond the current HMR requirements. Adopting these
definitions could also disrupt domestic industry practices without a
clear compensating safety advantage. Accordingly, PHMSA will retain the
current HMR definitions to preserve regulatory clarity, to minimize
disruption to U.S. stakeholders, and to maintain the high safety
standards already in place.
B. Infectious Substances (Indicative List)
The 24th revised edition of the UNMR adopted an updated version of
the indicative list of Category A infectious substances. PHMSA
previously determined that adopting the UNMR indicative list of
infectious substances into 49 CFR 173.134 would introduce redundancies
with existing U.S. public health frameworks and create unnecessary
compliance complexities. PHMSA's criteria-based classification system
in 49 CFR 173.134, developed in consultation with experts from the
Centers for Disease Control and Prevention (CDC) and U.S. Department of
Agriculture (USDA), ensures rigorous oversight of substances capable of
causing life-threatening or fatal diseases in humans or animals. This
approach provides flexibility to address emerging pathogens (e.g.,
novel viruses) without reliance on a static list, while maintaining
consistency with domestic enforcement protocols, stakeholder
expectations, and packaging requirements tailored to U.S. healthcare
and research logistics. PHMSA concludes that retaining its current
criteria-driven framework for Category A infectious substances in 49
CFR 173.134, rather than adopting the UNMR indicative list, best serves
the public interest by balancing global harmonization objectives with
the need for adaptable, risk-proportionate regulations.
In addition, the UNMR adopted language stating that an infectious
substance not meeting the criteria for inclusion in Category A is
assigned to Category B (UN3373). Because PHMSA is not proposing to
adopt the Category A indicative list, a clarifying amendment to the HMR
for Category B infectious substances is not necessary.
C. Exceptions for Medical Devices as Infectious Substances
The 24th revised edition of the UNMR adopted exceptions for medical
devices that may be contaminated with an infectious substance. The HMR
already contains provisions for the transportation of medical devices
containing an infectious substance in 49 CFR 173.134. Therefore, a
clarifying amendment to address the new exceptions in the UNMR is not
necessary.
D. Environmentally Hazardous Paint
The 24th revised edition of the UNMR adopted a new special packing
provision (PP99) for PSN ``UN3082, Environmentally Hazardous
Substance.'' As discussed in the UNSCOE TDG working paper, this new
provision applies to packaging of mixtures assigned to UN3082
containing less than one percent of substances of highly toxic
ingredients with an M-factor of 10, 100, or 1000.\9\ PHMSA is not
proposing to adopt this provision because these mixtures are already
excepted from regulation under the HMR. The definition of a ``marine
pollutant'' in 49 CFR 171.8 includes mixtures or solutions packaged in
a concentration which equals or exceeds one percent by weight of the
solution or mixture for materials that are identified as severe marine
pollutants in Appendix B to 49 CFR 172.101, or 10 percent by weight of
the solution or mixture for non-severe marine pollutant materials
listed in the appendix. The exception provided in the international
standards applies only if the total concentration of highly toxic
ingredients (e.g., the constituents that are marine pollutants) do not
exceed one percent. All mixtures covered by this exception are already
excepted under the HMR.
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\9\ UNECE, Transport provisions for small quantities of
environmentally hazardous paints, printing inks, and related
materials (Nov. 28, 2024), available at: <a href="https://unece.org/sites/default/files/2024-11/UN-SCETDG-65-INF61e.pdf">https://unece.org/sites/default/files/2024-11/UN-SCETDG-65-INF61e.pdf</a>.
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E. UN Fiber Reinforced Plastic (FRP) Portable Tanks and Service
Equipment
The 24th revised edition of the UNMR added standards for UN FRP
portable tank service equipment. In the HM-215Q NPRM, PHMSA concluded
that further research on UN FRP portable tanks is necessary in areas
covering material fatigue, suitability of the pool fire test and impact
testing as packaging qualification methods, and in the identification
of the most appropriate non-destructive test methodology to qualify UN
FRP portable tanks.\10\ Since PHMSA did not adopt the requirements for
UN FRP portable tanks, there is no justification to adopt the provision
for UN FRP portable tank service equipment.
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\10\ 88 FR 34568 (May 30, 2023).
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PHMSA is proposing an amendment to 49 CFR 171.25--Additional
requirements for the use of the IMDG Code--that would allow limited
import and export of UN FRP portable tanks and service equipment within
a single port area. See Section IV. Section-by-Section Review of NPRM
Proposals for a discussion of 49 CFR 171.25 changes.
F. Net Explosive Weight (NEW)
The 24th revised edition of the UNMR and the associated UNSCOE TDG
working paper revises the term ``NEW'' to ``net explosive mass'' (NEM)
to align with scientific precision, as mass (measured in kilograms) and
weight (a force measured in newtons) are distinct physical
concepts.\11\ Although PHMSA acknowledges this technical distinction,
adopting the UNMR terminology would introduce inconsistency with
longstanding HMR terminology and industry practice. Accordingly, PHMSA
is not proposing to adopt the new terminology.
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\11\ UNECE, Net explosive weight (Sept. 8, 2023), available at:
<a href="https://unece.org/sites/default/files/2023-10/ST-SG-AC10-C3-2023-51E.pdf/">https://unece.org/sites/default/files/2023-10/ST-SG-AC10-C3-2023-51E.pdf/</a>.
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G. Regulatory Clarification for Labels
The 24th revised edition of the UNMR adopted language permitting
the use of labels with minor variations to the symbols used in various
modal and regional regulations, provided such variations do not alter
the clear meaning of the label. The HMR already authorizes the use of
labels conforming to the UNMR, the IMDG Code, the ICAO Technical
Instructions, and the TC TDG in 49 CFR 172.407(f). Consequently, the
wording from the UNMR does not need to be adopted in the HMR.
H. Use of Recycled Plastics
The 24th revised edition of the UNMR adopts provisions for the use
of recycled plastics in the manufacturing of intermediate bulk
containers (IBCs). In the HM-215Q NPRM, PHMSA determined that oversight
for the use of recycled plastics is still needed in areas such as batch
testing to ensure the quality of recycled plastics used in the
[[Page 67723]]
construction of rigid plastic IBCs. PHMSA continues to believe that
oversight is needed for the approval of IBCs that are manufactured from
recycled plastics to ensure safety of their use in hazardous materials
transportation. PHMSA is evaluating the stakeholder feedback received
in response to a previous request for information on the recycled
plastics policy and expects to address that issue in a future
rulemaking.\12\ For these reasons, PHMSA is not proposing to adopt the
revised provisions in the UN Model Regulations at this time.
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\12\ 88 FR 23140 (Apr. 14, 2023).
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I. Periodic Leakproofness Testing
The 24th revised edition of the UNMR clarifies that the periodic
leakproofness test for IBCs, required every two and a half years, may
be performed at the design type test level rather than under full
retesting conditions. A UNSCOE TDG working paper identifies perceived
ambiguity in the current language and seeks to standardize
interpretation across jurisdictions.\13\
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\13\ UNECE, Periodic leakproofness retesting on IBCs after two
and a half years at the level of the design type test (Sept. 6,
2024), available at: <a href="https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-81E.pdf">https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-81E.pdf</a>.
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PHMSA does not believe that this clarification needs to be adopted.
The HMR already requires that IBCs undergo periodic leakproofness
testing in accordance with 49 CFR 180.352(d).\14\ Specifically, 49 CFR
180.352(d)(1)(i) requires that repaired or remanufactured IBCs comply
with the original design type specifications. This linkage ensures that
leakproofness testing is inherently aligned with the design type's
validated performance standards, eliminating the need for additional
language to specify ``design type-level'' testing. The HMR framework
emphasizes functional equivalence and safety by tying periodic testing
to the design type's integrity, as demonstrated during initial design
qualification.
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\14\ 49 CFR 180.352(b)(1).
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J. Regulatory Clarification for Definition of Class 1 Explosives as
Articles
The 24th revised edition of the UNMR clarifies that explosive
substances deemed ``too dangerous to transport'' are explicitly
prohibited for transportation. The UNSCOE TDG adopted this
clarification to address a gap in the existing framework. While
prohibiting transport of overly sensitive substances, the UNMR did not
similarly restrict overly sensitive articles. The UNSCOE TDG determined
that this omission could create ambiguity regarding whether overly
sensitive explosive articles are similarly forbidden under the UNMR.
PHMSA does not believe that this clarification needs to be adopted.
The HMR already addresses the concern that UNSCOE TDG identified with
the UNMR. Class 1 explosives explicitly encompass both substances and
articles under 49 CFR 173.50. Section 173.54(k) also prohibits the
transportation of any Class 1 explosive, substance, or article that
fails to meet the acceptance criteria outlined in 49 CFR 173.57. In
addition, 49 CFR 173.57(b) explicitly prohibits articles that are
thermally unstable or impact-sensitive. For these reasons, the
regulatory gap in the UNMR never existed in the HMR.
K. ISO 11515:2022, (Gas Cylinders--Refillable Composite Reinforced
Tubes of Water Capacity Between 450 l and 3000 l--Design, Construction
and Testing)
The 24th edition of the UNMR adopted ISO 11515:2022. PHMSA is not
proposing to incorporate by reference ISO 11515:2022 in this NPRM.
Incorporating ISO 11515:2022 would require extensive exceptions to
maintain the HMR's current level of safety. The standard contains a
significant typographical error regarding testing thresholds for Type 4
liner thickness modifications greater than 105 percent instead of
greater than 10 percent. In addition, the new gunfire test does not
apply to civilian Type 2 designs, and its five-minute bonfire test
falls short of the 15-minute duration required by PHMSA special permits
to allow for first responder arrival. For these reasons, PHMSA declines
to propose to incorporate this edition pending future ISO corrections.
V. Section-by-Section Review of NPRM Proposals
The following is a section-by-section review of proposed amendments
to harmonize the HMR with international regulations and standards.
A. Part 171
Section 171.7
Section 171.7 lists all consensus regulations and standards
incorporated by reference into the HMR. PHMSA is proposing to add or
revise the following references in 49 CFR 171.7: \15\
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\15\ All other standards that are set out as part of the
regulatory text of 49 CFR 171.7(w) were previously approved for
incorporation by reference and no changes are proposed.
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<bullet> The 2027-28 edition of the ICAO Technical Instructions in
paragraph (t)(1) will replace the edition currently referenced in 49
CFR 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 and
requirements for the safe international transport of dangerous goods
(i.e., hazardous materials) by air. The requirements in the 2027-28
edition have been amended to align better with the 24th revised edition
of the UNMR. Notable changes in the 2027-28 edition of the ICAO
Technical Instructions include new packing and stowage provisions, new
and revised entries on its Dangerous Goods List, and editorial
corrections.\16\
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\16\ The ICAO Technical Instructions are available for purchase
on the ICAO website at <a href="https://store.icao.int/en/shop-by-areas/safety/dangerous-goods">https://store.icao.int/en/shop-by-areas/safety/dangerous-goods</a>. PHMSA anticipates that the 2027-28 edition
of the ICAO Technical Instructions will be available for publication
in late 2026.
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<bullet> The 2026 edition of the IMDG Code (Amendment 43-26) in new
paragraph (v)(3) will replace the edition currently referenced in 49
CFR 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; 176.708; 176.720;
176.906; 178.3; and 178.274.\17\ The IMDG Code is a unified
international code that outlines standards and requirements for the
transport of dangerous goods (i.e., hazardous materials) by sea (i.e.,
by vessel). Notable changes in Amendment 43-26 of the IMDG Code include
new packing and stowage provisions, new and revised entries on its
Dangerous Goods List, and editorial corrections.\18\
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\17\ The HM-215R NPRM (91 FR 5996 (Feb. 10, 2026)) proposed to
incorporate the 2024 edition (42-24) of the IMDG Code.
\18\ Distributors of the IMDG Code can be found on 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>.
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<bullet> The following International Maritime Organization
International Convention for the Safety of Life at Sea (SOLAS) Chapter
II-2 Construction--Fire protection, fire detection and fire extinction
standards are added or updated in paragraph (v):
--Regulation 3, Definitions in paragraph (v)(1). PHMSA proposes to add
the 2024 edition of this SOLAS regulation and incorporate it by
reference into 49 CFR 176.905. This document contains definitions used
throughout SOLAS and is relevant to the definition of roll-on/roll-off
(i.e., ``Ro-Ro'') passenger ships as discussed in proposed changes to
49 CFR 176.905(a).
--Regulation 19, Carriage of dangerous goods in paragraph (v)(2). PHMSA
proposes to replace the 2009 fifth edition, which is currently
referenced
[[Page 67724]]
in 49 CFR 176.63 and 176.84, with the 2024 edition of this SOLAS
regulation in paragraph (v)(2).
<bullet> The following ISO standards for the specification, design,
construction, testing, and use of gas cylinders in paragraph (w):
--ISO 535:2023, (Paper and board--Determination of water
absorptiveness--Cobb method) in paragraph (w)(1). PHMSA proposes to
replace the currently referenced 1991 edition of ISO 535 in 49 CFR
178.516, 178.707, and 178.708 with the updated 2023 edition.\19\ ISO
535:2023 specifies a method of determining the water absorptiveness of
sized paper and board, including corrugated fiberboard, under standard
conditions.
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\19\ UNECE, Revision of standard ISO 535:2014 (July 28, 2023),
available at: <a href="https://unece.org/sites/default/files/2023-09/ST-SG-AC10-C3-2023-31e.pdf">https://unece.org/sites/default/files/2023-09/ST-SG-AC10-C3-2023-31e.pdf</a>; The HM-215R NPRM (91 FR 5996 (Feb. 10, 2026))
proposed to replace the 1991 version of ISO 535 with the 2014
edition of ISO 535.
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--ISO 1496-3:2019, (Series 1 freight containers--Specification and
testing--Part 3: Tank containers for liquids, gases and pressurized dry
bulk), in paragraph (w)(3). PHMSA proposes to replace the currently
referenced 1995 edition of ISO 1496-3 in 49 CFR 178.74, 178.75, and
178.274, with the updated 2019 edition.\20\ ISO 1496-3:2019 specifies
the basic specifications and testing requirements for ISO series 1 tank
containers suitable for the carriage of gases, liquids, and solid
substances (dry bulk) that can be loaded or unloaded as liquids by
gravity or pressure discharge, for international exchange, and for
transport by highway, rail and vessel, including interchange between
these forms of transport.
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\20\ UNECE, ISO standard updates--proposal for amendments to
document ST/SG/AC10/C3/2024/21 (July 2, 2024), available at: <a href="https://unece.org/sites/default/files/2024-07/UN-SCETDG-64-INF72e.pdf">https://unece.org/sites/default/files/2024-07/UN-SCETDG-64-INF72e.pdf</a>.
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--ISO 4706:2023, (Gas cylinders--Refillable welded steel cylinders--
Test pressure 60 bar and below) in paragraph (w)(22). PHMSA proposes to
replace the currently referenced 2008 edition of ISO 4706 in 49 CFR
178.71 with the updated 2023 edition.\21\ ISO 4706:2023 specifies the
minimum requirements concerning material selection, design,
construction and workmanship, procedure, and testing at manufacture of
refillable welded-steel gas cylinders of water capacities from 0.5 L up
to and including 150 L and drums of water capacities of 150 L to 500 L
of a test pressure not greater than 60 bar, exposed to extreme
worldwide temperatures (-50 [deg]C to +65 [deg]C) used for compressed,
liquefied or dissolved gases.
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\21\ UNECE, Updated ISO standards in Class 2 (Apr. 5, 2024),
available at: <a href="https://unece.org/sites/default/files/2024-05/ST-SG-AC10-C3-2024-11E.pdf">https://unece.org/sites/default/files/2024-05/ST-SG-AC10-C3-2024-11E.pdf</a>.
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--ISO 10297:2024, (Gas cylinders--Cylinder valves--Specification and
type testing) in paragraph (w)(47). PHMSA proposes to reference the
2024 edition of ISO 10297:2024 in 49 CFR 173.301b and 178.71. ISO
10297:2024 sets out the requirements for the design, type testing, and
marking of cylinder valves used on refillable transportable gas
cylinders.\22\
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\22\ UNECE, Updated ISO standards in Class 2 (Apr. 18, 2024),
available at: <a href="https://unece.org/sites/default/files/2024-04/UN-SCETDG-64-INF08e.pdf">https://unece.org/sites/default/files/2024-04/UN-SCETDG-64-INF08e.pdf</a>.
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--ISO 11114-1:2020/Amd 1:2023, (Gas cylinders--Compatibility of
cylinder and valve materials with gas contents--Part 1: Metallic
materials--Amendment 1) in paragraph (w)(52).\23\ PHMSA proposes to add
the 2023 Amendment 1 of ISO 11114-1:2020 to be referenced in 49 CFR
172.102, 173.301b, and 178.71. ISO 11114-1:2020/Amd 1:2023 provides
requirements for the selection of safe combinations of metallic
cylinder and valve materials and cylinder gas content.\24\
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\23\ The HM-215R NPRM (91 FR 5996 (Feb. 10, 2026)) proposed to
adopt ISO 11114-1:2020 sans Amendment 1.
\24\ UNECE, Updated ISO standards in Class 2 (Sept. 8, 2023),
available at: <a href="https://unece.org/sites/default/files/2023-10/ST-SG-AC10-C3-2023-46E.pdf">https://unece.org/sites/default/files/2023-10/ST-SG-AC10-C3-2023-46E.pdf</a>.
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--ISO 11623:2023, (Gas cylinders--Composite cylinders and tubes--
Periodic inspection and testing) into paragraph (w)(79). PHMSA proposes
to reference the 2023 edition of this document in 49 CFR 180.207.\25\
ISO 11623:2023 specifies the requirements for periodic inspection and
testing to verify the integrity for further service of hoop-wrapped and
fully-wrapped composite transportable gas cylinders and tubes, with
aluminum-alloy, steel or non-metallic liners or of linerless
construction (Types 2, 3, 4, and 5), intended for compressed, liquefied
or dissolved gases under pressure, of water capacity from 0.5 L up to
3,000 L.
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\25\ UNECE, Updated ISO standards in Class 2 (Apr. 5, 2024),
available at: <a href="https://unece.org/sites/default/files/2024-05/ST-SG-AC10-C3-2024-11E.pdf">https://unece.org/sites/default/files/2024-05/ST-SG-AC10-C3-2024-11E.pdf</a>.
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--ISO 14246:2022, (Gas cylinders--Cylinder valves--Manufacturing tests
and examinations) in paragraph (w)(84). PHMSA proposes to reference the
2022 edition of this document in 49 CFR 178.71.\26\ ISO 14246:2022
specifies the manufacturing tests and examinations required for
cylinder valves used on refillable gas cylinders.
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\26\ UNECE, Updated ISO standards in Class 2 (Apr. 5, 2024),
available at: <a href="https://unece.org/sites/default/files/2023-11/ST-SG-AC.10-C.3-2023-21E.pdf">https://unece.org/sites/default/files/2023-11/ST-SG-AC.10-C.3-2023-21E.pdf</a>.
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--ISO 18119:2018/Amd 1:2021/Amd 2:2024, (Gas cylinders--Seamless steel
and seamless aluminium-alloy gas cylinders and tubes--Periodic
inspection and testing) in paragraph (w)(93). PHMSA proposes to replace
the currently referenced ISO 4706:2008(E) in 49 CFR 180.207 with ISO
18119: 2018/Amd 1:2021/Amd 2:2024. ISO 18119 specifies the requirements
for periodic inspection and testing to verify the integrity of
cylinders and tubes to be re-introduced into service for a further
period of time.\27\
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\27\ UNECE, Updated ISO standards in Class 2 (Sept. 3, 2024),
available at: <a href="https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-62E.pdf">https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-62E.pdf</a>.
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--ISO 22434:2022, (Gas cylinders--Inspection and maintenance of valves)
in paragraph (w)(100). PHMSA proposes to reference the 2022 edition of
this document in 49 CFR 180.207. ISO 22434:2022 specifies requirements
for the inspection and maintenance of valves for refillable
transportable gas cylinders, cylinder bundles, pressure drums and tubes
which transport compressed, liquefied, or dissolved gases.\28\
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\28\ UNECE, Updated ISO standards in Class 2 (Apr. 20, 2023),
available at: <a href="https://unece.org/sites/default/files/2023-11/ST-SG-AC.10-C.3-2023-21E.pdf">https://unece.org/sites/default/files/2023-11/ST-SG-AC.10-C.3-2023-21E.pdf</a>.
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<bullet> The 2024 updates to Transport Canada's Transportation of
Dangerous Goods (TDG) Regulations in paragraph (bb)(1) to replace the
edition currently referenced in 49 CFR 107.801; 107.805; 171.12;
171.22; 171.23; 172.401; 172.407; 172.502; 172.519; 172.602; 173.31;
173.32; 173.33; 173.301; 180.205; 180.211; 180.212; and 180.413.\29\
Like the HMR, the TDG regulations provide requirements for
transportation of hazardous materials goods and activities relating to
road, rail, air, and marine transport into, from, and within Canada.
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\29\ The HM-215R NPRM (91 FR 5996 (Feb. 10, 2026)) proposed to
incorporate by reference the 2023 edition of the Transport Canada's
Transportation of Dangerous Goods (TDG) Regulations.
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<bullet> The 24th Revised Edition (2025) of the United Nations
Recommendations on the Transport of Dangerous Goods--Model Regulations
(UN Model Regulations), Volumes I and II, in paragraph (dd)(1), to
replace the edition currently referenced in 49 CFR 171.8; 171.12;
172.202; 172.401; 172.407; 172.502; 172.519; 173.22; 173.24;
[[Page 67725]]
173.24b; 173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; and
178.274. The UNMR presents a basic scheme of provisions that allow
uniform development of national and international regulations governing
the various modes of transport.\30\
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\30\ The 24th revised edition of the UN Model Regulations is
available online at: <a href="https://unece.org/transport/dangerous-goods/un-model-regulations-rev-23">https://unece.org/transport/dangerous-goods/un-model-regulations-rev-23</a>.
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<bullet> Amendment 1 to the Eighth Revised Edition of the United
Nations Recommendations on the Transport of Dangerous Goods, Manual of
Tests and Criteria, in paragraph (dd)(2), to replace the edition
currently referenced in 49 CFR 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.\31\ The UN Manual of Tests
and Criteria contains standards, test methods, and procedures to be
used for the classification of hazardous materials according to the
UNMR. The Eighth Revised Edition Amendment 1 of the UN Manual of Tests
and Criteria is available online at: <a href="https://unece.org/transport/dangerous-goods/rev8-files">https://unece.org/transport/dangerous-goods/rev8-files</a>.
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\31\ The HM-215R NPRM (91 FR 5996 (Feb. 10, 2026)) proposed to
incorporate by reference the Eighth Revised edition of the United
Nations Recommendations on the Transport of Dangerous Goods, Manual
of Tests and Criteria without Amendment 1.
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<bullet> The 11th Revised Edition of the Globally Harmonized System
of Classification and Labelling of Chemicals (GHS), in paragraph
(dd)(3), to replace the edition currently referenced in 49 CFR
172.401.\32\ The GHS is an international system standardizing hazard
classification and communication. The HMR authorizes its use for
labeling of packages.\33\
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\32\ The HM-215R NPRM (91 FR 5996 (Feb. 10, 2026)) proposed to
incorporate by reference the 10th Revised Edition of the Globally
Harmonized System of Classification and Labelling of Chemicals.
\33\ The 11th revised edition of the GHS is available online at
<a href="https://unece.org/transport/dangerous-goods/ghs-rev11-2025">https://unece.org/transport/dangerous-goods/ghs-rev11-2025</a>.
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Section 171.8
Section 171.8 defines terms used throughout the HMR that have broad
or multi-modal applicability. In this NPRM, PHMSA proposes to amend the
definitions for the following terms:
<bullet> Large packaging and large salvage packaging: PHMSA
proposes to revise the definitions of large packaging and large salvage
packaging to clarify that the three m\3\ maximum volume refers to the
internal, not the external, volume of the packaging. There is
disagreement among experts on the meaning of the word ``volume'' in
association with these definitions--some interpret it as ``external
volume,'' while others understand it as ``internal volume''--leading to
differing transport requirements. The UNSCOE TDG working paper that
resulted in this clarification cited an example of industrial lithium
battery products with an internal volume of 2.7 or 2.8 m\3\ where the
overall external volume of the contents and the packaging exceeds 3
m\3\.\34\ This clarification would aid in ensuring appropriate use of
these packagings for the transportation of hazardous materials.
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\34\ UNECE, Proposal on clarifying the definition of large
packaging (Sept. 13, 2024), available at: <a href="https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-90E.pdf">https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-90E.pdf</a>.
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<bullet> Single packaging: A single packaging is currently defined
in 49 CFR 171.8 as a non-bulk packaging other than a combination
packaging. The ICAO Technical Instructions define single packaging as
``a packaging which does not require any inner packaging to perform its
containment function during transport.'' \35\ A proposal submitted to
the UNSCOE noted that the UNMR and IMDG Code do not define ``single
packaging'' although the term is used numerous times.\36\ Without a
definition, there was confusion on a separate proposal where ``single
packaging'' was interpreted to mean one packaging instead of the
intended meaning, perhaps confusing the term ``packaging'' with
``package.'' To address that confusion, the UNMR and IMDG Code adopted
a definition consistent with the ICAO Technical Instructions. In this
NPRM, PHMSA proposes to add text from the definition in the UNMR to the
existing definition of single packaging.
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\35\ ICAO Technical Instructions Part 1;3.1.
\36\ UNECE, Report of the Sub-Committee of Experts on the
Transport of Dangerous Goods on its sixty-fifth session (Jan. 8,
2025), available at: <a href="https://unece.org/sites/default/files/2025-02/ST-SG-AC10-C3-130E.pdf">https://unece.org/sites/default/files/2025-02/ST-SG-AC10-C3-130E.pdf</a>.
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PHMSA believes that adopting the international definitions into the
HMR will provide greater clarity without resulting in any unintended
consequences. Clear, uniform definitions facilitate international
commerce and reduce the risk of non-compliance due to
misinterpretation.
Section 171.25
Section 171.25 outlines additional requirements for using the IMDG
Code in addition to those found in 49 CFR 171.22 and 171.23. Although
PHMSA is not proposing to adopt provisions for UN FRP portable tank
service equipment, see Section IV. Amendments Not Being Considered for
Adoption, PHMSA is proposing to revise 49 CFR 171.25(c)(5) to
facilitate limited import and export of UN portable tanks containing
FRP service equipment in international commerce and to facilitate
transport experience. Specifically, PHMSA proposes to add FRP service
equipment to the general prohibition of transportation of UN FRP
portable tanks designed and constructed in accordance with Chapter 6.10
of the IMDG Code within the United States. But PHMSA proposes to allow
FRP service equipment to be used along with the UN FRP portable tanks
within a single port area in the United States in accordance with the
provisions of 49 CFR 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 with FRP service equipment and limiting their use
and movement within a single port area.
B. Part 172
Section 172.101 Hazardous Materials Table (HMT)
The HMT designates listed materials as hazardous materials and
summarizes terms and conditions governing their transportation under
the HMR. For each entry, the HMT identifies basic information, such as
the PSN, UN identification number, and hazard class and hazard label.
The HMT specifies additional information or references requirements in
the HMR, such as hazard communication, assigned special provisions,
packaging reference citations, and modal requirements, like quantity
limits aboard aircraft, and vessel stowage restriction of hazardous
materials aboard vessels. PHMSA proposes several changes to the HMT as
discussed below. For purposes of the U.S. Government Publishing
Office's typesetting procedures, proposed changes to the HMT appear
under three sections of the HMT: ``remove,'' ``add,'' and ``revise.''
Certain entries in the HMT, such as those with revisions to the PSNs,
appear as a ``remove'' and ``add.'' Proposed amendments to the HMT
include the following:
New HMT Entries
Butyl Acrylates, Stabilized (UN 2348)
PHMSA proposes to add a PG II entry for the PSN ``UN2348, Butyl
acrylates, stabilized, 3'' to the HMT. Butyl acrylates are a group of
chemicals that are flammable and liable to polymerize without
stabilization. This group includes the substance tert-butyl
[[Page 67726]]
acrylate. Currently, the HMT only provides for a Class 3, PG III
designation for this material. According to data listed in the European
Chemicals Agency (ECHA) database, the flash point for tert-butyl
acrylate is 14 [deg]C (57 [deg]F). Flammable liquids with a flash point
below 23 [deg]C (73 [deg]F) are assigned to PG II or PG I depending on
the boiling point. PHMSA is proposing to add a line to the current
entry to allow for assignment of ``Butyl Acrylates, Stabilized'' as a
PG II material. This amendment will ensure appropriate packaging use,
hazard communication, and accurate information for emergency
responders.
Vanadium Pentoxide (UN2862)
PHMSA proposes to add a PG II entry for the PSN ``UN2862, Vanadium
pentoxide, 6.1'' to the HMT. Vanadium pentoxide is commonly transported
in flake or powder form and is primarily used as a catalyst in
industrial processes such as sulfuric acid production and as a steel
additive. Currently, the HMT only lists a PG III designation for this
material. Data indicates that vanadium pentoxide in a respirable
particle size range meets the criteria for GHS Category 2 acute
inhalation toxicity, which aligns with assignment of PG II under the
UNMR.\37\ For transport purposes, a solid substance is considered
respirable if it contains particles 10 micrometers ([mu]m) or smaller
and must be tested if at least 10 percent of its total mass is likely
to be dust in a respirable range. Vanadium pentoxide powder with a
particle size under 45 [mu]m is commercially available, but the minimum
size is not specified, raising concerns that a portion of the material
may fall within the less than 10 [mu]m respirable range. Given this
uncertainty and the toxicological data, the UNSCOE TDG supported adding
a PG II entry while retaining the existing PG III entry, citing a long
record of safe transport under PG III without known health incidents.
This is consistent with the precedent used when adding the Division
6.1, PG I entry for ``UN3550, Cobalt dihydroxide powder,'' which is a
solid substance similarly classified due to inhalation risks when
packaged containing 10 percent or more respirable particles. PHMSA
proposes that vanadium pentoxide (in non-fused form) containing 10
percent or more respirable particles be assigned to PG II. When
containing less than 10 percent respirable particles, the existing PG
III entry for vanadium pentoxide is assigned. This new entry will be
added with italics that may be used in addition to the PSN, ``UN2862,
Vanadium pentoxide, non-fused form, containing not less than 10 percent
respirable particles.''
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\37\ UNECE, New entry for UN 2862 VANADIUM PENTOXIDE, non-fused
form, with packing group II--an amendment to proposal 1 in document
ST/SG/AC.10/C.3/2024/80 (Nov. 22, 2024), available at: <a href="https://unece.org/sites/default/files/2024-11/UN-SCETDG-65-INF48e.pdf">https://unece.org/sites/default/files/2024-11/UN-SCETDG-65-INF48e.pdf</a>.
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In addition, PHMSA is proposing to revise the PSN for the PG III
vanadium pentoxide entry to account for the 10 percent threshold as
``UN2862, Vanadium pentoxide, non-fused form containing less than 10
percent respirable particles.'' PHMSA expects these provisions will
facilitate the continued safe transport of this material as a PG III
material when appropriate and maintain the HMR's safety standard for
transportation of Division 6.1 solid materials.
Chlorophenols (UN3561 and UN3562)
Chlorophenols are currently transported under ``UN2020,
Chlorophenols, solid, 6.1, PG III'' or ``UN2021, Chlorophenols, liquid,
6.1, PG III,'' along with a separate entry for ``UN3155,
Pentachlorophenol, 6.1, PG II.'' A review of the 19 total chlorophenols
(phenols with only chlorine substituents) presented to the UNSCOE TDG
found that individual chlorophenols within the chemical group include:
(1) those that do not meet the definition of a hazardous material; (2)
those that meet the classification criteria for Division 6.1, PG III
consist with the existing HMT entries for liquids and solids; (3)
solids that meet the Class 8, PG II classification criteria; (4) solids
that meet the Class 8 and Division 6.1, PG II classification criteria,
and; (5) for pentachlorophenol, a solid meeting the classification
criteria for Division 6.1, PG II, assigned to UN3155.\38\
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\38\ UNECE, Adequate UN entry for 2,4-Dichlorophenol with a
possible solution for all chlorophenols--revised proposal, available
at: <a href="https://unece.org/sites/default/files/2023-11/UN-SCETDG-63-INF55e.pdf">https://unece.org/sites/default/files/2023-11/UN-SCETDG-63-INF55e.pdf</a> (Nov. 30, 2023).
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To address the findings described in items (3) and (4) above and to
ensure appropriate classification of chlorophenols not addressed by the
current UN2020, UN2021, and UN3155 entries, PHMSA proposes to add two
new corrosive entries, ``UN3561, Chlorophenols, corrosive, toxic,
solid, n.o.s., 8 (6.1), II'' and ``UN3562, Chlorophenols, corrosive,
solid, n.o.s., 8, II.'' Consequently, the existing UN2020 and UN2021
entries would be amended by adding the symbol ``G'' in column one of
the HMT, which signifies that a technical name must be included with
the basic description. In addition, the proper shipping names in column
two would be modified to include the text ``toxic'' and ``n.o.s.'' for
consistency with the new entries proposed to differentiate between
toxic and corrosive hazards. Together, these amendments will ensure
appropriate classification, packaging use, hazard communication, and
accurate information for emergency responders for all chlorophenols
meeting the definition of a hazardous material.
Lithium Metal Batteries, Lithium Ion Batteries, and Sodium Ion
Batteries Transported in Cargo Transport Units (UN3563, UN3536 and
UN3564)
PHMSA proposes to add two new entries for cargo transport units
(CTU) containing batteries: ``UN3563, Lithium metal batteries installed
in cargo transport unit'' and ``UN3564, Sodium ion batteries installed
in cargo transport unit.'' Lithium batteries installed in a CTU and
designed only to provide power external to the CTU are presently
assigned to the HMT entry ``UN3536, Lithium batteries installed in
cargo transport unit lithium ion batteries or lithium metal
batteries.'' Although most energy storage systems offered for transport
in accordance with the provisions for UN3536 are lithium ion, there are
currently three possible battery chemistries (lithium ion, lithium
metal, and sodium ion) used for battery energy storage systems.
Further, lithium ion and lithium metal batteries are both assigned
UN3536 without indicating the battery chemistry, which impacts the
manner of emergency response should they become involved in a fire.
In 2024, near Baker, California, an overturned truck transporting
lithium batteries classified and described as UN3536 was involved in a
fire.\39\ Emergency responders on the scene were initially unable to
determine whether the CTU contained lithium ion or lithium metal
batteries. The uncertainty over the battery chemistry negatively
impacted the emergency response. An indication of the type of batteries
being transported allows for appropriate differentiation of transport
provisions and for application of appropriate emergency response
actions based on the types of batteries installed in the CTU.
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\39\ Cal. Dept. of Transp., Caltrans Statement on San Bernardino
County I-15 Fire, available at: <a href="https://dot.ca.gov/news-releases/news-release-2024-027">https://dot.ca.gov/news-releases/news-release-2024-027</a> (Jul. 28, 2024).
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PHMSA proposes splitting the single entry for UN3536 into three
separate entries with separate UN numbers, consistent with revisions in
the UNMR. This will more precisely communicate the battery chemistries
being
[[Page 67727]]
transported in CTUs and allow transport provisions and emergency
response measures tailored to each chemistry. To minimize impacts to
shippers, PHMSA proposes to keep CTUs containing lithium ion batteries
assigned to UN3536 and to establish two new entries for CTUs containing
lithium metal batteries and sodium ion batteries; specifically,
``UN3563, Lithium metal batteries installed in cargo transport unit''
and ``UN3564, Sodium ion batteries installed in cargo transport unit.''
In addition, the existing entry UN3536 PSN would be revised to
reference lithium ion only.
Finally, PHMSA proposes a conforming revision to Special Provision
389, which is assigned to UN3536 and will be assigned to the new
entries. In Special Provision 389, PHMSA proposes to clarify that the
PSN selected should reflect the primary battery chemistry type used in
the CTU and that the use of multiple chemistries must be identified for
emergency response purposes. These amendments will enhance safety and
emergency response effectiveness by clearly distinguishing battery
chemistries through separate UN numbers and additional information,
ensuring responders have accurate information during incidents.
Revisions to the HMT Columns of Information
Below are revisions to the HMT columns of information not otherwise
mentioned in other sections of this NPRM:
Column (1) Symbols
Section 172.101(b) describes column (1), which may contain one of
six symbols: ``+'', ``A'', ``D'', ``G'', ``I'' and ``W''. The letter
``G'' identifies proper shipping names for which one or more technical
names of the hazardous material must be entered in parentheses in
association with the basic description. As described in the above
discussion on chlorophenols, PHMSA proposes to add the symbol ``G'' to
the existing entries for solid chlorophenols (UN2020) and liquid
chlorophenols (UN2021). This would align with the UNMR in identifying a
technical name for these toxic materials (Division 6.1) to assist with
identifying emergency response and appropriate first aid measures.
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
discusses numerous proposed changes as follows:
(1) As described in the above discussion on the new HMT entries for
chlorophenols, PHMSA proposes to amend the PSNs for the existing
entries solid chlorophenols (UN2020) and liquid chlorophenols (UN2021).
The amendments would add the text ``toxic'' and ``n.o.s.'' for
consistency with the new entries for chlorophenols that also exhibit a
corrosive hazard (UN3561 and UN3562) and describe the hazards more
accurately within the chlorophenols chemical group.
(2) As described in the above discussion on the new HMT entries for
lithium metal and sodium ion batteries installed in CTUs, PHMSA
proposes to amend the existing entry for ``UN3536, Lithium batteries
installed in cargo transport unit.'' The amendment would include the
text ``ion'' as part of the PSN.
(3) PHMSA proposes to add ``Heating machines'' to the existing PSN
for both ``UN2857, Refrigerating machines, containing non-flammable,
non-toxic gases, or ammonia solutions'' and ``UN3358, Refrigerating
machines, containing flammable, non-toxic, liquified gas.''
Refrigerating machines currently transported under these entries when
containing up to 12 kg of gas may be excepted from the requirements of
the HMR if they meet the conditions in 49 CFR 173.307(a)(4). Heat pumps
and electrical devices that are part of a typical heating and cooling
system work in the same manner and present the same hazard as
refrigerating machines. This revision will add regulatory clarity by
identifying heating machines as eligible for exception from regulation
similar to refrigerating machines.
(4) PHMSA proposes to remove the existing entry for ``UN2941,
Fluoroanilines, 6.1, PG III.'' Fluoroanilines comprise a group of
substances derived from aniline and fluorobenzene. A review of 19
fluoroanilines demonstrated varying characteristics, resulting in
classifications other than Division 6.1 or, in some cases, a non-
hazardous determination. To align with the UNMR and to describe
chemicals in the fluoroaniline group more appropriately, PHMSA proposes
replacing the current entry with a listing of the most frequently
transported fluoroanilines (2,4-Difluoroaniline, 2-Fluoroaniline, 4-
Fluoroaniline, o-Fluoroaniline, and p-Fluoroaniline) with references to
the most appropriate general hazardous material description entry
(i.e., a n.o.s. entry). For example, 2,4-Difluoroaniline will be
directed to the HMT entry ``Toxic, liquids, organic, n.o.s.'' for
authorized packaging and transport requirements.
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 PSN, 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. PHMSA
summarizes changes to HMT entry label codes based on indicative data
presented to the UNSCOE TDG as follows:
(1) Ethylene oxide, a toxic gas, also meets criteria for being
corrosive to skin necessitating the addition of Class 8 subsidiary
hazard to ``UN1040, Ethylene oxide, 2.3 (2.1) or Ethylene oxide with
nitrogen,'' ``UN1041, Ethylene oxide and carbon dioxide mixture with
more than nine percent but not more than 87 percent ethylene oxide,
2.1'' and ``UN3300, Ethylene oxide and carbon dioxide mixture with more
than 87 percent ethylene oxide, 2.3 (2.1).'' \40\
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\40\ UNECE, Proposal to add class 8 as subsidiary hazard to UN
1040, UN 1041 and UN 3300, available at: <a href="https://unece.org/sites/default/files/2023-10/ST-SG-AC10-C3-2023-39E.pdf">https://unece.org/sites/default/files/2023-10/ST-SG-AC10-C3-2023-39E.pdf</a> (Sept. 6, 2023).
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(2) Ammonium hydrogendifluoride, a corrosive solid, also meets
criteria for oral toxicity at the PG III level, necessitating the
addition of the Division 6.1 subsidiary hazard to ``UN1727, Ammonium
hydrogendifluoride, solid, 8.'' \41\
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\41\ UNECE, Proposal to add class 8 as subsidiary hazard to UN
1040, UN 1041 and UN 330, available at: <a href="https://unece.org/sites/default/files/2023-10/ST-SG-AC10-C3-2023-39E.pdf">https://unece.org/sites/default/files/2023-10/ST-SG-AC10-C3-2023-39E.pdf</a> (Sept. 6, 2023);
UNECE, Additional information to document ST/SG/AC.10/C.3/2023/42--
Classification of UN 1727 AMMONIUM HYDROGENDIFLUORIDE, SOLID,
available at: <a href="https://unece.org/sites/default/files/2023-11/UN-SCETDG-63-INF45e_0.pdf">https://unece.org/sites/default/files/2023-11/UN-SCETDG-63-INF45e_0.pdf</a> (Nov. 27, 2024).
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(3) 1,2-Di-(dimethylamino)ethane, a flammable liquid, also meets
criteria for corrosivity at the PG II level and oral toxicity and
inhalation toxicity at the PG III and PG II levels, respectively,
necessitating the addition of Class 8 and Division 6.1 subsidiary
hazards to ``UN2372, 1,2-Di-(dimethylamino)ethane, 3.'' \42\
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\42\ UNECE, Classification and transport of UN 2372 (1,2-di-
(dimethylamino) ethane), available at: <a href="https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-106E.pdf">https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-106E.pdf</a> (Sept. 13, 2023).
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Column (7) Special Provisions
Section 172.101(h) describes column (7) of the HMT, which assigns
special provisions for each HMT entry. Section
[[Page 67728]]
172.102 provides for the meaning and requirements of the special
provisions assigned to entries in the HMT. The proposed revisions to
column (7) of certain entries in the HMT are discussed below.
(1) For ``UN1544, Alkaloids, solid, n.o.s. or Alkaloid salts,
solid, n.o.s.'' and ``UN3140, Alkaloids, liquid, n.o.s., or Alkaloid
salts, liquid, n.o.s.,'' PHMSA proposes to assign new Special
Provision, A239, to provide an exception to the technical name
requirement for these substances when such disclosure is prohibited.
(2) For ``UN2029, Hydrazine, anhydrous,'' PHMSA proposes to assign
two special provisions: (1) Existing Special Provision 74, which
requires that the material be protected from direct sunshine and be
stored or kept in a cool and well-ventilated place away from all
sources of heat; and (2) New Special Provision 601, which states that
when a pressure receptacle is used the internal pressure at 65 [deg]C
shall not exceed the test pressure.
(3) For the proposed revised entries ``UN2857, Refrigerating
machines or heating machines, 2.2'' and ``UN3358, Refrigerating
machines or heating machines, 2.1,'' PHMSA proposes to assign new
Special Provision 75, which authorizes machines that are used to
perform heating and cooling functions to be transported either under
entry ``Refrigerating machines'' or ``Heating machines.''
(4) For ``UN2372, 1,2-Di-(dimethylamino)ethane,'' PHMSA proposes to
revise the portable tank code from T4 to T7. This is consistent with
the subsidiary hazards proposed for this material (see proposed
amendments to Column (5) above) and follows the UN Guiding Principles
for the Development of the UN Model Regulations for a Class 3, PG II
material with a Division 6.1 or Class 8 subsidiary hazard. In addition,
consistent with the UNMR, PHMSA proposes to assign portable tank
Special Provision TP28, which allows a deviation from the test pressure
requirements and transport in portable tanks with a minimum test
pressure of 2.65 bar. This means that depending on applicable portable
tank requirements, transport in T4 portable tanks may continue as
currently authorized.
(5) For ``UN2735, Amines, liquid, corrosive, n.o.s. or Polyamines,
liquid, corrosive, n.o.s., 8,'' in the PG II entry, PHMSA proposes to
revise the portable tank Special Provision from TP1 to TP2. This
amendment was brought forward by the IMO to the UNSCOE TDG, and it was
agreed that TP2 is consistent with the Guiding Principles for the
Development of the UN Model Regulations for Class 8, PG II liquids and
applies the most appropriate maximum degree of filling of the portable
tank with these materials.
(6) For ``UN3563, Lithium metal batteries installed in cargo
transport unit'' and ``UN3564, Sodium ion batteries installed in cargo
transport unit,'' PHMSA proposes to assign Special Provision 389.
Special Provision 389 prescribes requirements for lithium and sodium
ion batteries installed in a CTU and designed only to provide power
external to the CTU.
(7) For the following entries: ``UN3556, Lithium metal batteries
installed in cargo transport unit,'' ``UN3564, Sodium ion batteries
installed in cargo transport unit,'' ``UN3537, Articles containing
flammable gas, n.o.s.,'' ``UN3171, Battery-powered vehicle or Battery-
powered equipment,'' ``UN3363, Dangerous good in articles or Dangerous
good in machinery or Dangerous good in apparatus,'' ``UN3529, Engine,
internal combustion, flammable gas powered or Engine, fuel cell,
flammable gas powered or Machinery, internal combustion, flammable gas
powered or Machinery, fuel cell, flammable gas powered,'' ``UN3528,
Engine, internal combustion, flammable liquid powered or Engine, fuel
cell, flammable liquid powered or Machinery, internal combustion,
flammable liquid powered or Machinery, fuel cell, flammable liquid
powered,'' ``UN3530, Engine, internal combustion or Machinery, internal
combustion,'' ``UN3072, Life-saving appliances, not self-inflating
containing dangerous goods as equipment,'' ``UN2990, Life-saving
appliances, self-inflating,'' ``UN3536, Lithium batteries installed in
cargo transport unit lithium ion batteries or lithium metal
batteries,'' ``UN3166, Vehicle, flammable liquid powered or Vehicle,
fuel cell, flammable liquid powered,'' ``UN3556, Vehicle, lithium ion
battery powered,'' ``UN3557, Vehicle, lithium metal battery powered,''
and ``UN3558, Vehicle, sodium ion battery powered,'' PHMSA proposes to
assign Special Provision 180 to facilitate the transportation of
articles and equipment containing damaged or defective lithium ion or
sodium ion batteries.
(8) For the following entries: ``UN3480, Lithium ion batteries,''
``UN3481, Lithium ion batteries contained in equipment,'' ``UN3481,
Lithium ion batteries packed with equipment,'' ``UN3551, Sodium ion
batteries,'' ``UN3552, Sodium ion batteries contained in equipment,''
``UN3552, Sodium ion batteries packed with equipment,'' ``UN3563,
Lithium metal batteries installed in cargo transport unit,'' and
``UN3564, Sodium ion batteries installed in cargo transport unit,''
PHMSA proposes to assign new Special Provision 410, establishing
requirements for transportation of hybrid batteries--i.e., those
batteries containing both lithium ion and sodium ion cells.
(9) For ``UN3538, Articles containing non-flammable, non-toxic gas,
n.o.s.,'' PHMSA proposes to assign new Special Provision 411, which
sets out conditions for transportation of an MRI scanner with hazardous
materials components.
(10) For ``UN1075, Petroleum gases, liquefied or Liquefied
petroleum gas,'' and ``UN1965, Hydrocarbon gas mixture, liquefied,
n.o.s.,'' PHMSA proposes to assign new Special Provision 412, which
authorizes the use of these entries for transportation of liquefied
petroleum gas (LPG) blended with up to 12 percent by mass of ``UN1033,
Dimethyl ether.''
(11) For the following entries (that are also marine pollutants):
``UN1599, Dinitrophenol solutions,'' ``UN1761, Cupriethylenediamine
solution,'' ``UN1897, Tetrachloroethylene,'' ``UN2046, Cymenes,''
``UN2052, Dipentene,'' ``UN2235, Chlorobenzyl chlorides, liquid,''
``UN2279, Hexachlorobutadiene,'' ``UN2315, Polychlorinated biphenyls,
liquid,'' ``UN2321, Trichlorobenzenes, liquid,'' ``UN2433,
Chloronitrotoluenes, liquid,'' ``UN2504, Tetrabromoethane,'' ``UN2514,
Bromobenzene,'' ``UN2515, Bromoform,'' ``UN2518, 1,5,9-
Cyclododecatriene,'' and ``UN3408, Lead perchlorate, solution,'' PHMSA
proposes to revise the assignment of portable tank Special Provision
TP1 to TP2. Provision TP2 authorizes a slightly lower degree of filling
than TP1. The IMDG Code follows a guiding principle that assigns TP2 to
materials that are marine pollutants, necessitating the change.
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 ``49 CFR 173'' precedes the designated
numerical entry. Column (8A) contains exceptions from some of the
requirements of the HMR. The referenced exceptions are in addition to
those specified in subpart A of part 173 and elsewhere in the HMR. The
word
[[Page 67729]]
``None'' in this column means no packaging exceptions are authorized,
except as may be provided by special provisions in column (7).
For ``UN2956, 5-tert-Butyl-2,4,6-trinitro-m-xylene or Musk
xylene,'' PHMSA proposes to revise Column (8A) by replacing ``151''
with ``None'' to eliminate the limited quantity authorization for this
entry. The IMO informed the UNSCOE TDG about a discrepancy between the
IMDG Code and the UNMR concerning the provision for limited quantities
of UN2956. Specifically, the UNMR currently authorizes limited quantity
transport of UN2956 when the inner packaging does not exceed five kg.
In contrast, the IMDG Code does not authorize transport of musk xylene
under limited quantity provisions. In addition, Special Provision 133,
assigned exclusively to UN2956 in both the UNMR and the IMDG Code,
notes that this substance may exhibit explosive behavior if over-
confined in packagings. The associated Packing Instruction P409 in both
the UNMR and the IMDG Code (aligned with 49 CFR 173.223 of the HMR)
requires packaging that is designed to prevent over-confinement.
However, Packing Instruction P409 (49 CFR 173.223) is not applicable in
the context of hazardous materials packed in limited quantities, as
limited quantities generally provide relief from the performance
packaging requirements. Based on these considerations, PHMSA proposes
to align with the IMDG Code and revise the HMT entry for UN2956
accordingly to not authorize transportation as a limited quantity
material.
Column (10) Vessel Stowage
Section 172.101(k) explains the purpose of column (10) of the HMT
and prescribes the vessel stowage and segregation requirements for
specific entries. Column (10) is divided into two columns: column (10A)
[Vessel stowage] specifies the authorized stowage locations on board
cargo and passenger vessels; and column (10B) [Other provisions]
specifies special stowage and segregation provisions. The meaning of
each code in column (10B) is set forth in 49 CFR 176.84.
Consistent with changes adopted in the IMDG Code, PHMSA proposes to
revise the stowage code for the ``UN2203, Silane'' by revising column
(10A) from Category E to Category D. This aligns with the entry
``UN3553, Disilane'' assigned to Category D on the basis that silane
gas is also pyrophoric and that on deck only stowage is most
appropriate.
For the entry ``UN2225, Benzene sulfonyl chloride,'' PHMSA proposes
to assign codes 53 and 58 in Column (10B) requiring stowage ``separated
from'' alkaline compounds and cyanides, respectively. This aligns the
stowage segregation provisions for UN2225 with all other entries in the
IMDG Code assigned to the Segregation Group Code 1, applicable to
acids. Finally, in development of this NPRM related to the new PG II
entry for ``UN2862, Vanadium pentoxide,'' PHMSA discovered that the
existing PG III entry is assigned stowage code 40, ``Stow clear of
living quarters,'' but this stowage code is not assigned to either the
existing PG III entry or the new PG II entry in the IMDG Code. Further,
stowage code 40 is not generally assigned to Division 6.1 solids except
for those with generic group names. Consistent with other entries in
the HMT and the IMDG Code, PHMSA proposes to remove stowage code 40
from Column (10B) for the PG III entry of ``UN2862, Vanadium
pentoxide.''
Section 172.102 (Special Provisions)
Section 172.102 lists special provisions assigned in column (7) of
the HMT and applicable to the transportation of specific hazardous
materials. Special provisions contain various provisions including
packaging requirements, prohibitions, and exceptions applicable to
particular quantities or forms of hazardous materials. PHMSA proposes
the following additions and revisions to the special provisions in this
section:
Special Provision 75
PHMSA proposes to adopt and to assign new Special Provision 75 to
the proposed revised entries ``UN2857, Refrigerating machines or
heating machines, 2.2'' and ``UN3358, Refrigerating machines or heating
machines, 2.1.'' This special provision would provide a description of
both refrigerating and heating machines consistent with UN Special
Provision 119 and authorize machines that perform heating and cooling
functions to be transported under either PSN, i.e. ``Refrigerating
machines'' or ``Heating machines.''
Special Provision 135
Special Provision 135 is assigned to the HMT entries for certain
vehicles and cargo transport units to indicate selection of the
appropriate HMT entry. The special provision currently states that
hybrid electric vehicles with wet, sodium, or lithium batteries
installed that are also powered by an internal combustion engine must
be described as ``Vehicle, flammable gas powered,'' ``Vehicle,
flammable liquid powered,'' ``Vehicle, fuel cell, flammable gas
powered,'' or ``Vehicle, fuel cell, flammable liquid powered,'' as
appropriate. As only wet, sodium, and lithium batteries are referenced
in the special provision, hybrid electric vehicles using other battery
chemistry types, such as nickel-metal hydride batteries, have been
refused for transport by carriers when described under the above
entries. Consistent with how wet, sodium, or lithium batteries are
treated when installed in a vehicle, PHMSA is proposing to expand the
list of hybrid electric vehicle battery types to include wet, nickel-
metal hydride, metallic sodium, sodium alloy, lithium metal, lithium
ion, sodium ion, or hybrid batteries.
In addition, CTUs containing lithium batteries are currently
required to be transported under the PSN ``Lithium batteries installed
in cargo transport unit.'' Due to the increasing usage of CTUs using
different chemistry types, PHMSA proposes to revise this special
provision to require that CTUs containing lithium ion or sodium ion
batteries to be described with appropriate shipping description.
Finally, PHMSA proposes to clarify that vehicles powered solely by
lithium ion, lithium metal, or sodium ion batteries must be assigned to
``UN3556, Vehicle, lithium ion battery powered,'' ``UN3557, Vehicle,
lithium metal battery powered,'' or ``UN3558, Vehicle, sodium ion
battery powered vehicle,'' respectively, and that vehicles powered
solely by hybrid batteries containing both lithium ion cells and sodium
ion cells can be described for transportation as ``UN3556, Vehicle,
lithium ion battery powered.''
Special Provision 136
Special Provision 136 is assigned to the HMT entry ``UN3363,
Dangerous Goods in Articles or Machinery or Apparatus, Class 9'' and
specifies the eligibility and conditions for use of this classification
and description. PHMSA proposes to authorize the inclusion of small
lithium ion or sodium ion cells or batteries shipped as dangerous goods
in articles, machinery, or apparatus. A submission to the UNSCOE TDG
noted that the e-commerce shift from business-to-business to direct-to-
consumer delivery, combined with the widespread use of small lithium
batteries installed in everyday goods, is leading to an increase in
articles that contain both batteries and other limited amounts of
[[Page 67730]]
hazardous materials.\43\ But existing provisions do not presently allow
for classification and description of these products under UN3363.
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\43\ UNECE, Proposal to allow articles classified as UN3363 to
contain lithium batteries complying with Special Provision 188,
available at: <a href="https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-91E.pdf">https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-91E.pdf</a> (Sept. 13, 2024).
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Materials shipped under UN3363 are restricted to those authorized
for transport in limited quantities, and lithium ion and sodium ion
batteries are ineligible for transport under the limited quantity
provisions. The HMT entries for lithium batteries contained in
equipment, UN3481 or UN3091, exclude other hazardous materials.
Further, the HMT entries for articles of UN3537, UN3540, UN3541, and
UN3548 are intended to address larger quantities of hazardous materials
containing more than the limited quantity thresholds and are not
permitted for air transport without competent authority approval. The
UNSCOE TDG proposal noted that this encourages misdeclaration, though
there is no evidence that misdeclared consumer products containing
small amounts of hazardous materials and small lithium ion and sodium
ion cells and batteries present an unacceptable risk in transportation.
PHMSA proposes to revise Special Provision 136 to specify ``UN3363,
Dangerous Goods in Articles or Machinery or Apparatus'' may
additionally contain lithium cells or batteries or sodium ion cells or
batteries, provided the cells or batteries provide electrical power for
their operation and meet the requirements prescribed in 49 CFR
173.185(a) and (c). For additional information, also see discussion on
corresponding revisions to 49 CFR 173.222.
Special Provision 160
Special Provision 160 is assigned to HMT entry ``UN3268, Safety
devices, electrically initiated, 9,'' and outlines conditions and
criteria for use of the entry. Special Provision 160 currently applies
to safety devices such as vehicle air bag inflators and seat-belt
pretensioners, but explicitly excludes devices associated with life-
saving appliances regulated under 49 CFR 173.219. Consistent with the
proposed changes in 49 CFR 173.219 that would authorize Class 9 safety
devices as components in life-saving appliances, PHMSA proposes a
corresponding revision to Special Provision 160. For example, an
inflator unit designed for use in a wearable vest could be offered for
transport as a UN3268 material because the vest is a ``safety device''
installed in a self-inflating, life-saving appliance. This revision
would specify that using UN3268 is appropriate for Class 9 safety
device component parts of a life-saving appliance when transported for
installation in the life-saving appliance.
Special Provision 180
PHMSA proposes a new special provision assigned to articles,
vehicles, or equipment containing damaged or defective batteries to
facilitate the conditions for their transportation. Specifically, this
proposed special provision would allow articles, vehicles, or equipment
to continue to be transported under their original UN number, provided
the damaged or defective batteries are either removed prior to
transportation or the entire article, vehicle, or equipment is packaged
and marked in accordance with the requirements in 49 CFR 173.185(f),
which prohibits transport by aircraft. This proposed special provision
also clarifies vehicles containing damaged or defective batteries
shipped by vessel must still comply with the requirements in 49 CFR
176.905(a)(3).
Special Provision 196
Special Provision 196 states that nitrocellulose must meet the
criteria of the Bergmann-Junk test or methyl violet paper test in the
UN Manual of Tests and Criteria, Appendix 10. The requirements in this
special provision are intended to ensure the stability of mixtures
containing nitrocellulose by testing in accordance with Test Series
3(c) of the UN Manual of Tests and Criteria. The text as currently
written in Special Provision 196 may be misinterpreted to apply only to
listed items and not to all mixtures. To address concerns regarding
full application of the special provision, PHMSA proposes to revise
Special Provision 196 to ensure the exception from 3(c) testing only
applies to dry or unmodified nitrocellulose.
Special Provision 360
Special Provision 360 specifies the applicable description and UN
identification number for lithium ion and sodium ion batteries that
power vehicles and for batteries installed in a CTU designed only to
provide external power. Consistent with the proposal in this NPRM to
split the existing single entry for ``UN3536, Lithium batteries
installed in cargo transport'' into three separate UN identification
numbers to account for the battery chemistry, PHMSA proposes to revise
this special provision to specify that lithium and sodium ion batteries
installed in CTUs must be described for transport using the
corresponding new proposed entries, ``UN3536, Lithium ion batteries
installed in a cargo transport unit,'' ``UN3563, Lithium metal
batteries installed in cargo transport unit,'' or ``UN3564, Sodium ion
batteries installed in cargo transport unit.'' This Special Provision
would also indicate that CTUs installed with hybrid batteries,
consistent with proposed new Special Provision 410 discussed below,
must be described using the entry ``UN3536, Lithium ion batteries
installed in a cargo transport unit.'' For more information on the new
CTU HMT entries, refer to the 49 CFR 172.101 discussion in the Section-
by-Section Review. These revisions ensure use of the most appropriate
description, identification number, and transport provisions.
Special Provision 379
Special Provision 379 provides conditions for exception from full
regulation under the HMR for anhydrous ammonia adsorbed or absorbed on
a solid contained in ammonia dispensing systems or receptacles intended
to form part of such systems. One condition is that receptacles
containing adsorbed or absorbed ammonia must be made of a material
compatible with ammonia as specified in ISO 11114-1:2020(E), (Gas
cylinders--Compatibility of cylinder and valve materials with gas
contents--Part 1: Metallic materials). PHMSA proposes to revise
language in Special Provision 379 to add a reference to an amendment to
ISO standard 11114-1:2020(E); specifically, ISO 11114-1:2020/Amd
1:2023(E). The amendment to the 2020 edition updates a compatibility
table in the standard for eight (8) specific gases.
Special Provision 388
Special Provision 388 prescribes requirements for lithium batteries
containing both lithium metal cells and lithium ion cells that are not
designed to be charged externally. The present text states the total
lithium content of all lithium metal cells contained in the battery
must not exceed 1.5 g and the total ``capacity'' of all lithium ion
cells contained in the battery must not exceed 10 Wh. To align with the
UNMR and to avoid confusion between electrical capacity (ampere-hours)
and energy content (Wh), PHMSA proposes an editorial revision to the
special provision by replacing the term ``capacity'' with ``watt-hour
rating.''
[[Page 67731]]
Special Provision 389
Special Provision 389 provides packaging instructions and hazard
communication requirements for ``UN3536, Lithium batteries installed in
cargo transport unit.'' Consistent with the proposal in this NPRM to
split the existing single HMT entry for UN3536 into three separate HMT
entries, each having a unique UN identification number to account for
various battery chemistries used in battery energy storage systems,
PHMSA proposes to revise this special provision to clarify that it also
applies to sodium ion batteries used in these systems, including hybrid
batteries containing both lithium ion and sodium ion batteries (see
Special Provision 410 below for further discussion of hybrid
batteries).
Special Provision 401
Special Provision 401 specifies selection and use of sodium ion
battery HMT entries. The HMT entries to which Special Provision 401 is
presently assigned include ``UN3292, Batteries, containing metallic
sodium or sodium alloy'' and ``UN3292, Cells, containing metallic
sodium or sodium alloy.'' Consistent with the UNMR, PHMSA proposes to
revise Special Provision 401 to indicate specifically that batteries
containing metallic sodium or sodium alloy must be transported using
the UN3292 identification number and the associated PSN.
Special Provision 410
PHMSA proposes to adopt and to assign new Special Provision 410 to
establish requirements for transport of hybrid batteries (i.e.,
batteries containing both lithium ion and sodium ion cells). Hybrid
batteries are a new product type that consists of lithium ion and
sodium ion cells connected in series. By combining the high energy
density of lithium ion batteries with the low temperature adaptability
of sodium ion batteries, hybrids are anticipated to see widespread use
in the automotive and energy storage industries. Due to their
intermediate energy density and the inability of the lithium ion cells
to be discharged fully, hybrid batteries present a hazard profile
similar to lithium ion batteries.
To facilitate safe transport, PHMSA proposes to require hybrid
batteries to be tested and to be packaged in accordance with the
provisions for lithium ion batteries. Specifically, each component
lithium ion and sodium ion cell within the hybrid battery must be of
the type proven to meet the criteria in part III, subsection 38.3 of
the UN Manual of Tests and Criteria. PHMSA also proposes that hybrid
batteries must be classified and described under the lithium ion
battery entries, UN3480, UN3481, or UN3536, as appropriate. For UN
3556, see the proposed language in 172.102, Special Provision 135.
Special Provision 410 would also clarify that when hybrid batteries are
transported under the small battery provisions prescribed in 49 CFR
173.185(c), the Wh rating must not exceed 100 Wh and must be marked on
the outer casing.
Special Provision 411
PHMSA proposes a new Special Provision 411 to facilitate the
transportation of a recently developed type of magnetic resonance
imaging (MRI) scanner. This new type of MRI scanner includes the use of
new, superconductive magnets. These magnets contain helium that must be
cooled to near absolute zero to achieve superconductivity of the coils.
Traditional MRI scanners typically contain between 125 and 250 kg of
refrigerated liquid helium and are classified and described as
``UN1963, Helium, refrigerated liquid.'' In contrast, the new MRI
scanners use significantly less helium (1.5 kg). Due to this
difference, UNSCOE determined that the UN1963 identification number is
not the most appropriate description for these devices. In addition,
since these MRI scanners contain components designed for cooling
purposes, PHMSA proposes to provide the same exception currently
applicable to refrigerating machines containing less than 12 kg of a
non-flammable, non-toxic gas to include these devices. Specifically,
Special Provision 411 will be assigned to the current HMT entry
``UN3538, Articles containing non-flammable, non-toxic gas, n.o.s,''
and would except MRI scanners with less than 12 kg of such gas from the
requirements of the HMR when designed and constructed to prevent the
risk of bursting or cracking of the components containing gas under
normal conditions of transport. This special provision will support the
safe global transport of MRI scanners, while applying a level of
regulation appropriate to the hazard.
Special Provision 412
PHMSA proposes to adopt and to assign new Special Provision 412 to
HMT entries ``UN1075, Petroleum gases, liquefied or Liquefied petroleum
gas'' and ``UN1965, Hydrocarbon gas mixture, liquefied, n.o.s.'' to
authorize the use of these entries for liquefied petroleum gas (LPG)
containing up to 12 percent by mass of ``UN1033, Dimethyl ether.'' The
LPG industry is transitioning to more sustainable sources like bio/
renewable/recycled materials. This includes blending LPG with renewable
or recycled dimethyl ether (DME), a clean-burning, low-carbon fuel
compatible with existing LPG infrastructure. DME shares similar
properties with LPG, making it feasible to blend up to 12 percent by
mass without altering transport, filling, or hazard communication
requirements. The flow capacity for pressure relief valves shows that
if the valves are sized for LPG, they will also have the correct flow
capacity for DME/LPG blends. Testing with blends of 20 percent DME (by
mass in the liquid phase) with LPG shows that the materials used in the
transport and storage chain are still suitable, affording the proposed
12 percent a safety factor.
Special Provision 413
PHMSA proposes to adopt and to assign new Special Provision 413 to
HMT entry ``UN3082, Environmentally hazardous substance, liquid,
n.o.s.'' This special provision would establish a quantity limit for
physically dissolved hydrogen in liquid organic hydrogen carriers
(LOHCs) to ensure safe transport conditions.
Hydrogen can be transported in several forms, including as a
compressed gas under high pressure, as a refrigerated liquefied gas, or
as chemically bound to liquid carrier substances known as LOHCs. For a
substance to be an LOHC, it must be capable of chemically binding
hydrogen. Depending on the degree of hydrogenation, one liter of LOHC
can hold several hundred liters of hydrogen. The hydrogen can be
released through a reversible chemical process, which requires a
dedicated dehydrogenation catalyst and high temperatures (>250[deg]C).
The spontaneous release of chemically bound hydrogen during transport
is not possible. During the process of binding hydrogen to the carrier,
very small amounts may remain physically dissolved, not chemically
bound, in the LOHC. These physically dissolved traces can potentially
be released during transport due to changes in temperature or pressure,
creating the risk of an explosive atmosphere. One of the substances
that hydrogen can be chemically bound to is benzyltoluene, which is
commonly classified and described for transport under UN3082.
To address the absence of a defined limit for the amount of
physically dissolved hydrogen allowed in LOHCs, testing was conducted
under extreme conditions to evaluate the potential for
[[Page 67732]]
an explosive atmosphere formation.\44\ The test results demonstrated
that only untreated samples under extreme conditions showed a minor
risk of ignition; in all other cases, no ignition occurred. The tests
showed the effectiveness of treatment procedures such as inertization
with nitrogen. Using the definition for Division 4.3 materials as a
reference--substances that emit flammable gas at a rate exceeding one
L/kg per hour when in contact with water--a more conservative limit of
0.5 L/kg per hour was adopted. Proposed Special Provision 413 would
require that LOHCs classified and described under UN3082 may only be
transported if the amount of physically dissolved hydrogen does not
exceed 0.5 L of hydrogen/kg of LOHC. Transporting hydrogen using LOHCs
offers a potentially safer alternative to conventional methods.
---------------------------------------------------------------------------
\44\ UNECE, Transport of liquid organic hydrogen carriers--new
special provision to UN 3082, available at: <a href="https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-73E.pdf">https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-73E.pdf</a> (Sept. 6, 2024);
UNECE, Transport of liquid organic hydrogen carriers--new special
provision to UN 3082--additional information, available at: <a href="https://unece.org/sites/default/files/2024-09/UN-SCETDG-65-INF05e.pdf">https://unece.org/sites/default/files/2024-09/UN-SCETDG-65-INF05e.pdf</a> (Sept.
16, 2024).
---------------------------------------------------------------------------
Special Provision 601
PHMSA proposes to adopt and to assign new Special Provision 601 to
HMT entry ``UN2029, Hydrazine, anhydrous, 3.'' This special provision
would restrict the pressure in a cylinder at 65 [deg]C to not more than
the test pressure. Currently, 49 CFR 173.201 is assigned to UN2029 for
authorized packaging and allows use of cylinders conforming to the
general packaging requirements of 49 CFR part 173, subpart B and the
requirements of 49 CFR part 178 at the PG I performance level. The
provisions in 49 CFR 173.201 do not contemplate industry practice of
using inert gas under pressure for the transport of anhydrous
hydrazine. The proposed pressure limit was adopted into the UNMR to
address concerns regarding over-confinement of the anhydrous hydrazine
and to ensure the strength of the packaging is sufficient for
transport.\45\
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\45\ UNECE, Provisions for UN 2029 Hydrazine Anhydrous,
available at: <a href="https://unece.org/sites/default/files/2024-09/ST-SG-AC10-C3-2024-102E.pdf">https://unece.org/sites/default/files/2024-09/ST-SG-AC10-C3-2024-102E.pdf</a> (Sept. 13, 2024).
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Special Provision A53
Special Provision A53 applies to refrigerating machines and to
refrigerating machine components containing a non-flammable gas or
ammonia solution. Consistent with the proposed revision to add
``heating machines'' to the PSN for UN2857, PHMSA is proposing to
revise Special Provision A53 to apply to both refrigerating machines
and heating machines.
Special Provision A225
Special Provision A225 applies to the transportation of ``UN3538,
Articles containing non-flammable, non-toxic gas, n.o.s.'' on passenger
and cargo-only aircraft. PHMSA proposes to revise the provision to
include sodium ion batteries in addition to lithium batteries that are
currently authorized.
Special Provision A239
PHMSA proposes to add and to assign new Special Provision A239 to
HMT entries for ``UN1544, Alkaloids, solid, n.o.s. or Alkaloid salts,
solid, n.o.s.'' and ``UN3140, Alkaloids, liquid, n.o.s., or Alkaloid
salts, liquid, n.o.s.'' Air transport is used for controlled substances
to expedite delivery by minimizing transit time and mitigating security
risks such as theft. Currently, 49 CFR 172.203(k) requires a technical
name to be included in association with ``n.o.s.'' PSNs. But the
disclosure of the specific chemical identity for certain controlled
substances may be prohibited by national law or international
convention or may pose significant security risks during transport.
Consistent with the ICAO Technical Instructions amendment, this new
special provision would provide an exception to the technical name
requirement for these substances when such disclosure is prohibited.
IB and IP Codes
Consistent with changes proposed for 49 CFR 173.232, PHMSA proposes
to revise the paragraph (c)(4) introductory text by adding reference to
49 CFR 173.232 for authorized use of large packagings for articles
without having to assign IP codes to corresponding entries in the
HMT.\46\
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\46\ See 49 CFR 173.232 for a detailed discussion of the
authorization of large packagings for articles.
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Special Provision TP43
PHMSA proposes to add Special Provision TP43 to the list of
portable tank ``T'' codes and assign it to proposed the new PG II HMT
entry for ``UN2862, Vanadium Pentoxide.'' TP43 would provide continue
use of portable tank instruction T1 until December 31, 2028. This is
consistent with the PG III HMT entry for ``UN2862, Vanadium Pentoxide,
nonfused form,'' which is assigned T1. This temporary alignment ensures
regulatory continuity for the transport of UN2862 in portable tanks
while allowing time for any needed technical or administrative
adjustments associated with the reassignment to PG II. See Section B
above for further discussion of the change's association with the HMT
entry for vanadium pentoxide.
Section 172.202
Section 172.202 details the requirements for the description of
hazardous materials on shipping papers with paragraph (a)(6) specific
to requirements applicable to transportation by aircraft. In paragraph
(a)(6)(iii), PHMSA proposes to add ``articles'' to the existing
references of ``machinery'' and ``apparatus.'' This is consistent with
an editorial revision to the ICAO Technical Instructions as all three
phrases are assigned to ``UN3363, Dangerous goods in articles or
Dangerous goods in machinery or Dangerous goods in apparatus.''
C. Part 173
Section 173.2a
Section 173.2a provides instructions on the classification of a
material having more than one hazard. PHMSA proposes to revise Note 2
to 49 CFR 173.2a to clarify classification of a material that is both
corrosive and toxic. Specifically, PHMSA is correcting Note 2 to state
that for Class 8 to take precedence both dermal toxicity and oral
toxicity must be in the range of PG III or less. If either the dermal
toxicity or the oral toxicity is not in the range of PG III or less
(i.e., either is in PG I or II), then Division 6.1 takes precedence.
This clarification ensures the appropriate primary hazard
classification of materials that exhibit both corrosive and toxic
hazards and harmonizes with changes in the UNMR.
Section 173.14
Section 173.14 provides exceptions from the HMR for certain devices
or equipment, such as data loggers and cargo tracking devices,
containing hazardous materials that are in use or which are intended
for use during transport. These items are often powered by hazardous
materials, such as lithium cells or batteries, which are necessary to
power the device or equipment. PHMSA proposes to revise 49 CFR 173.14
to allow sensors, in addition to data logger and cargo tracking
devices, to be transported under the provisions in this section in
alignment with the UNMR changes. PHMSA notes that although the ICAO
Technical Instructions did not make this revision, adding the term
sensor is still appropriate. PHMSA also proposes to revise 49 CFR
173.14 to allow for
[[Page 67733]]
devices and equipment to be powered by sodium ion batteries. Finally,
PHMSA is proposing to revise current reference to ``equipment'' to a
more general term of ``device'' for consistency within the section.
Section 173.32
Section 173.32 outlines the requirements for the use of portable
tanks. PHMSA proposes to revise the loading requirements in 49 CFR
173.32(f)(5) to change terminology from ``ullage condition'' to
``filling condition.'' A working group on the harmonization of European
regulations for transport of hazardous materials by highway, rail, and
inland waterways with the UNMR recommended use of the term ``filling
condition'' for consistency with terminology throughout the UNMR. PHMSA
agrees that this minor clarifying amendment makes it easier to
understand the provision and avoid unintentional hydraulic force within
a portable tank due to the surge caused by incorrect filling.
Section 173.62
Section 173.62 provides specific packaging requirements for
explosives. PHMSA proposes to revise Table 2 to paragraph (c)(5)
``Table of Packing Methods'' by updating Packing Instruction (PI) 130.
The revision would clarify that cartridges classified and described
under ``UN0012, cartridges, small arms'' and ``UN0014, Cartridges,
small arms, blank'' may be packed in metal containers without inner
packaging. PI 130 is currently assigned to ``UN0012, cartridges, small
arms'' and to ``UN0014, Cartridges, small arms, blank'' which consist
of metal components. PI 130 does not require inner or intermediate
packaging and authorizes outer packagings, including boxes and drums
made of aluminum, steel, and other metals. But 49 CFR 173.60(b)(3),
which corresponds to a Class 1 special packing provision in the UNMR,
creates an inconsistency in the regulations by requiring that metallic
components of articles, such as small arms cartridges, must be
prevented from making contact with metal packagings.
Two sessions of the Explosives Working Group of the UNSCOE TDG
discussed this topic. The group evaluated the potential for the buildup
of static electricity between metals posing an ignition risk and
concluded the risk is negligible. Acknowledging that preventing metal-
to-metal contact represents best practices in packaging explosives for
transport, several experts recognized that transporting bulk ammunition
in metal containers without inner packaging has been standard military
practice for decades. No incidents related to this packing method have
been reported by explosives experts. This is further supported by
extensive experience in the United States, where small arms cartridges
are often transported loose in metal outer packaging, allowing metal-
to-metal contact. The proposed revision will resolve the inconsistency
and clarify a widely accepted and historically safe packaging method
for cartridges under UN0012 and UN0014.
Section 173.125
Section 173.125 outlines the criteria for assigning packing groups
to Class 4 materials. PHMSA proposes to revise PG III criteria for
Division 4.2 materials to clarify that the volume applies to the
internal volume of the packaging and not to the external volume. This
clarification would aid in ensuring appropriate PG assignment and
harmonizes with revisions in the UNMR.
Section 173.166
Section 173.166 prescribes transportation requirements for safety
devices. To align with proposed changes to Special Provision 160
authorizing safety devices as components in life-saving appliances,
PHMSA proposes amending the introductory text of this section to
include the term ``life-saving appliances'' along with a corresponding
example. PHMSA also proposes to include reference that safety devices
include the term ``Safety device, pyrotechnic.''
Section 173.185
Section 173.185 prescribes requirements for transportation of
lithium cells and batteries. Paragraph (c) prescribes requirements for
smaller cells or batteries and paragraph (c)(3) specifies the
requirements for the use of the battery mark. Packages containing only
button cell batteries installed in equipment (including circuit boards)
or consignments of not more than four cells or two batteries contained
in equipment are not required to bear the battery mark. Consistent with
the UNMR, PHMSA proposes to clarify that any button cells contained in
equipment do not count toward the consignment limits. In paragraph
(c)(3)(i), PHMSA also proposes to clarify that the UN identification
number for button cells is not required on the battery mark when
equipment contains one or more button cells in addition to cells or
batteries, such as in the case of laptop computers.
Further, PHMSA proposes to clarify the required location of the
battery mark on packages that also require other hazard labels.
Currently, when both the battery mark and labels representing other
hazards (i.e., non-battery hazards) are required on the same package,
there is no requirement they be placed on the same surface of the
package. This can lead to inconsistent placement, such as the battery
mark on one side of a package and the non-battery hazard label on
another side, potentially resulting in misinterpretation of the full
hazard in the package during transport or incident response. To reduce
the risk that the hazard represented by the battery mark or other
hazard label is overlooked, PHMSA proposes a new paragraph (c)(3)(iv)
to prescribe that when a package requires both the battery mark and
hazard labels (other than the Class 9 lithium ion or sodium ion battery
label), the battery mark must be placed on the same surface of the
package as the labels if the package dimensions are adequate. This
proposed revision ensures that all hazards associated with packages
containing batteries are clearly visible.
Section 173.219
Section 173.219 prescribes the transport conditions and packaging
requirements for life-saving appliances. PHMSA proposes to authorize
self-inflating protective equipment including those containing a small
pyrotechnic device as a lifesaving appliance. These pyrotechnic devices
rapidly release a compressed gas to inflate an airbag in a crash
situation. A proposal to the UNSCOE TDG initially focused on the
appropriate classification applicable to wearable airbag systems for
motorcyclists. A more general approach was appropriate as there are
other devices used in similar applications involving the same
principles (e.g., small gas cylinders, sensors, and an activation
charge).\47\ Consistent with Special Provision 296 of the UN Model
Regulations, in paragraph (a), PHMSA proposes to add a non-exhaustive
list of lifesaving appliance examples including the term ``self-
inflating protective equipment.'' The term is broad, covering not just
motorcycle wearable airbag systems but also other inflatable safety
devices, and is intended to allow flexibility to accommodate various
current and future technologies that protect individuals by inflating
on demand.
---------------------------------------------------------------------------
\47\ UNECE, Wearable airbag system, available at: <a href="https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-71E.pdf">https://unece.org/sites/default/files/2024-10/ST-SG-AC10-C3-2024-71E.pdf</a>
(Sept. 5, 2024).
---------------------------------------------------------------------------
In addition, PHMSA proposes to revise paragraph (b)(6) to authorize
self-inflating lifesaving appliances (UN2990)
[[Page 67734]]
to include installed Class 9 safety devices (UN3268), provided the
explosive component of the safety device does not exceed 3.2 grams,
consistent with the existing authorization for installed Division 1.4S
cartridges, power device. See Section 172.102, Special Provision 160
above for further discussion.
Section 173.220
Section 173.220 prescribes transportation requirements and
exceptions for internal combustion engines, vehicles, machinery
containing internal combustion engines, battery-powered equipment or
machinery, and fuel cell-powered equipment or machinery. PHMSA proposes
to amend paragraph (h) that contains exceptions to the general
transport requirements to require marks and labels for packaged
vehicles powered by lithium ion batteries, lithium metal batteries, and
sodium ion batteries under the entries (UN3556, UN3557, and UN3558,
respectively). This amendment would require packaged electric vehicles
to meet the marking and labeling requirements of subparts D and E of
part 172. This is largely consistent with marking and labeling
requirements for packaged equipment containing lithium ion or sodium
ion batteries.
Section 173.222
Section 173.222 specifies the packaging requirements for ``UN3363,
Dangerous goods in machinery or articles or apparatus.'' In conjunction
with the proposed revision to Special Provision 136 authorizing the
articles to contain lithium ion and sodium ion cells or batteries and
small quantities of hazardous materials, PHMSA proposes to add
paragraph (b)(4) to clarify that cells and batteries must be protected
from damage and short circuit, and that the article must be equipped
with an effective means of preventing accidental activation. In
addition, PHMSA clarifies in paragraph (c) that quantities specified in
paragraphs (c)(1) and (c)(2) do not apply to any installed cells or
batteries as they are limited to providing electrical power for the
operation of the article. See Section 172.102, Special Provision 136
above for further discussion.
Finally, consistent with a revision to the UNMR, PHMSA proposes to
amend paragraph (a) to clarify that, if the articles contain more than
one item of hazardous materials and these items could react dangerously
with one another during transport, each of the hazardous materials must
be enclosed separately. This revision would use the existing text in 49
CFR 173.232 to align with the text for articles under UN identification
numbers 3537-3548 and UN3363 when containing more than one hazardous
material.
Section 173.224
Section 173.224 outlines the packaging and control and emergency
temperatures for self-reactive materials. PHMSA proposes to clarify
paragraph (a) to emphasize that, ``[t]o avoid the unnecessary
confinement of liquids, metal packagings meeting hydrostatic test
pressure criteria at the Packing Group I must not be used [emphasis
added].'' PHMSA notes that the shipper should consult with the
packaging manufacturer to verify that the metal packaging does not meet
the pressure test criteria at the PG I level.
Furthermore, paragraph (c) of this section prescribes requirements
for new self-reactive materials, formulations, and samples. PHMSA
proposes to add a new paragraph (c)(5) with provisions addressing
transportation of samples of potentially explosive or self-reactive
substances in quantities of up to 200 grams for solids or 200 mL for
liquids per outer package when supporting data for classification is
unknown. These substances usually consist of organic molecules that are
active ingredients, building blocks, or intermediates for
pharmaceutical or agricultural chemicals. The molecules of the
substances often possess chemical functional groups listed in Tables
A6.1 and/or A6.3 in Annex 6 (Screening Procedures) of the UN Manual of
Tests and Criteria, which would indicate explosive or self-reactive
properties, though these substances are not designed with explosive
intent.
This amendment is necessary to facilitate transport of these
materials during research and development because often there is not
enough material available for classification testing or the cost of
testing is otherwise prohibitive. Typical quantities of material
handled in this phase are small, ranging from 10 to 100 grams. The
existing provisions for samples of self-reactive materials do not
necessarily satisfy the quantity needs or require classification test
data that is unavailable. The International Group of Experts for
Unstable Substances: Energetic and Oxidizing Substances (IGUS EOS
Working Group) and the Explosives Working Group of the UNSCOE TDG
reviewed the proposed criteria. Decomposition energy and the onset of
decomposition can be determined by differential scanning calorimetry
(DSC), a thermal analysis method using very small amounts of a
material. The results of decomposition energy analysis show that salts
and complexes of organic compounds with energies of less than 1,500 J/
g, or other organic substances with energies of less than 2,000 J/g,
would not be more dangerous than a self-reactive material of Type B.
Therefore, no further testing is required. For energy thresholds more
than 1,500 J/g or 2,000 J/g, respectively, additional testing is
prescribed. In addition to criteria for applicability and eligibility,
the proposed new paragraph (c)(5) would authorize transport of samples
up to 200 grams for solids or 200 mL for liquids per outer package in
accordance with existing provisions in paragraphs (c)(3) and (c)(4)(i)-
(iii).
Finally, PHMSA proposes to revise 49 CFR 173.224(c)(4) to reference
table A6.3 correctly (instead of currently referenced A6.2) and to
permit an additional density option for the expandable polyethylene
foam matrix used to isolate very small energetic samples. The existing
requirement is for a foam density of 18 plus or minus one g/L in a
matrix at least 130 mm thick. A submission to the UNSCOE TDG explained
that the originally specified foam is no longer readily available and
presented test data demonstrating that a functionally equivalent foam
with a density of 24 plus or minus 2.4 g/L provides comparable
protection.\48\ For these reasons, PHMSA proposes to allow the foam
matrix to have a density of either 18 plus or minus one g/L or 24 plus
or minus 2.4 g/L, while retaining the existing 130 mm minimum thickness
requirement.
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\48\ UNECE, Alternative polyethylene foam for the safe transport
of small amounts of energetic samples according to PP95 of packing
instruction P520, available at <a href="https://unece.org/sites/default/files/2024-11/UN-SCETDG-65-INF23e.pdf">https://unece.org/sites/default/files/2024-11/UN-SCETDG-65-INF23e.pdf</a> (Nov. 11, 2024).
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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 and clarifications made to
the UNMR, the list of assigned organic peroxides in the UNMR was
updated to include formulations of these materials authorized for
transportation without prior approval. To maintain consistency with
UNMR, PHMSA proposes to remove one entry and to add seven new entries
and a note to the Organic Peroxide Table in Table 1 to paragraph (c).
PHMSA also proposes to add an entry to the Organic Peroxide IBC Table
in Table 3 to paragraph (e).
The subcommittee identified an inaccuracy in the entry for
``[3R(3R,5aS,6S,8aS,9R,10R,12S,12aR)]-
[[Page 67735]]
Decahydro-10-methoxy-3,6,9-trimethyl-3,12-epoxy-12H-pyrano[4,3-j]-1,2-
benzodioxepin,'' which closely resembles the chemical name of
artemether. Artemisinin is a natural compound extracted from the
artemisia annua plant and is one of the most effective treatments for
malaria. A range of derivatives, such as artemether, are produced from
artemisinin and are also used in malaria treatment. These compounds,
including their stereoisomers, share a similar molecular structure
containing a single peroxide bridge and have the properties of organic
peroxides. A review of available classification test results and
approvals by competent authorities, including approval CA2006080015
(3rd Rev.) issued by PHMSA, supports the classification of this group
as UN3106, with packaging method OP7. Consistent with the UNMR, in
paragraph (c) Organic Peroxide Table, PHMSA proposes to replace the
inaccurate entry with five common names for artemisinin and its
derivatives as follows: ``Arteether (including stereoisomers),''
``Artemether (including stereoisomers),'' ``Artemisinin,'' ``Artesunate
(including stereoisomers),'' and Dihydroartemisinin (including
stereoisomers).''
The two additional entries PHMSA proposes to add are a new entry
for ``tert-Amyl peroxypivalate'' at a lower concentration than the
currently listed value and a new organic peroxide ``1,2,4,5,7,8-
Hexoxonane, 3,6,9-Trimethyl-3,6,9-tris (ethyl and propyl) derivatives''
with a new note 34, requiring available oxygen <=7.3 percent.
For the change to the Organic Peroxide IBC Table in paragraph (e),
PHMSA proposes to add a new entry for ``tert-Butyl peroxy-2-
ethylhexanoate, not more than 52 percent, in diluent type A'' and
identifying it as ``UN3119, Organic peroxide, type F, liquid,
temperature controlled.''
Section 173.230
Section 173.230 outlines the requirements for transporting fuel
cell cartridges containing a hazardous material. Currently, paragraph
(f)(4), applicable to air transportation, limits the maximum number of
fuel cell cartridges in an intermediate packaging to the number
required to power the equipment, plus two spares. PHMSA proposes to
revise paragraph (f)(4) to clarify that this allowance permits two
``sets'' of spares, rather than only two individual spare cartridges.
This revision accommodates equipment that requires multiple cartridges
to function and is consistent with terminology used for spare sets
elsewhere in the HMR (e.g., 49 CFR 173.185(c)(4)(i)). For example, if a
piece of equipment requires two fuel cell cartridges to operate, a
single ``set'' of spares would be two cartridges. Under the proposed
revision, the intermediate packaging would be permitted to contain a
maximum of six cartridges in total: two required to power the
equipment, plus four additional cartridges, representing two complete
spare sets.
Section 173.232
Section 173.232 outlines the packaging requirements for articles
containing hazardous materials of various hazard classes and divisions
that are not otherwise specified by name in the HMR. These ``articles''
typically refer to machinery, apparatuses, or complex devices that
contain hazardous materials as an integral, non-removable component
necessary for their operation. This section applies when the hazardous
materials within an article exceed the quantity limits authorized for
``UN3363, Dangerous goods in machinery or apparatus.''
During development of this NPRM, PHMSA discovered that in a
previous final rule, HM-215O, provisions for use of large packagings
were inadvertently not included.\49\ To correct this oversight and to
align with international regulations and standards, PHMSA proposes to
add authorized large packagings, except for air transportation, in new
paragraph (f)(3). Expanding the packaging options for transportation of
these articles will offer greater flexibility to shippers without
compromising safety for modes other than air.
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\49\ 85 FR 27810 (May 11, 2020).
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Paragraph (h) provides for additional requirements that apply to
air transportation. These requirements allow articles to contain
lithium cells or batteries. PHMSA proposes to revise paragraphs (h)(1)
and (2) to include reference to sodium ion batteries.
Section 173.301b
Section 173.301b outlines additional general requirements when
shipping gases in UN pressure receptacles (e.g., cylinders). Paragraph
(a)(2) of this section requires that the gases or gas mixtures be
compatible with the UN pressure receptacle and valve materials
prescribed for metallic materials in ISO 11114-1:2020, Gas cylinders--
Compatibility of cylinder and valve materials with gas contents Part 1:
Metallic materials. PHMSA proposes to revise this paragraph to cite the
updated edition of ISO 11114-1:2020/Amd 1:2023. PHMSA also proposes to
revise paragraph (c)(1) to add the phrase ``or clause 5.4.2 of ISO
10297:2024.''
Section 173.306
Section 173.306 prescribes the general requirements and exceptions
for limited quantities of compressed gases. Paragraph (e) provides
exceptions from certain requirements for refrigerating machines.
Consistent with the proposed revisions to add ``heating machines'' to
the PSNs for UN2857 and UN3358 as discussed above in Section 172.101,
PHMSA proposes to add ``heating machines'' in conjunction with
references to ``refrigerating machines'' or otherwise generally refer
to ``machines'' in the paragraph (e) provisions for refrigerating and
heating machines.
Section 173.307
Section 173.307 provides exceptions from the regulations for
compressed gases. Paragraph (a)(4) provides exceptions specific to
refrigerating machines subject to certain criteria. Consistent with the
proposed revisions to add ``heating machines'' to the PSNs for UN2857
and UN3358 as discussed above in Section 172.101, PHMSA proposes to add
``heating machines'' in conjunction with references to ``refrigerating
machines'' to clarify that the exceptions also apply to heating
machines such as heat pumps.
D. Part 175
Section 175.10
Section 175.10 specifies the conditions under which passengers,
crew members, or air operators may carry hazardous materials aboard an
aircraft.
PHMSA proposes minor editorial amendments in paragraph (a)(17) for
the requirements for lithium ion batteries to be removed from
wheelchairs or mobility aids by amending ``battery'' to ``batteries''
and aligning with text in the ICAO Technical Instructions requiring
that a removed or spare battery be carried ``in the cabin'' instead of
as ``carry-on baggage.''
In addition, effective March 27, 2026, the ICAO Technical
Instructions published Addendum No. 1 to the 2025-26 Edition of the
Technical Instructions (Doc 9284) to provide conditions for the
carriage of power banks by passengers or crew in carry-on baggage.\50\
Currently, paragraph
[[Page 67736]]
(a)(18)(iv) requires that articles containing lithium metal or lithium
ion cells or batteries with the primary purpose to provide power to
another device be carried as spare batteries in accordance with the
provisions of the paragraph. Consistent with Addendum No. 1 to the
2025-26 Edition of the ICAO Technical Instructions, PHMSA proposes to
amend paragraph (a)(18)(iv) to limit the number of power banks (e.g.,
portable devices used to charge electronic devices such as cell phones
or laptops) to no more than two per person. PHMSA also proposes that
power banks cannot be recharged while aboard the aircraft. Further,
consistent with the ICAO Technical Instructions, PHMSA proposes to
recommend, but not require, that power banks should not be used to
recharge a portable electronic device (e.g., watches, calculating
machines, cameras, cellular phones, laptop and notebook computers,
camcorders, medical devices, etc.) while aboard the aircraft. PHMSA is
proposing to include this recommendation in the regulatory text to
maintain consistency with ICAO.
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\50\ ICAO, Report of the 30th meeting of the Dangerous Goods
Panel, Agenda Item 4.3, available at <a href="https://www.icao.int/sites/default/files/DangerousGoods/DGP%20Meeting%20Documentation/DGP-30/Report/English/Final%20report.pdf">https://www.icao.int/sites/default/files/DangerousGoods/DGP%20Meeting%20Documentation/DGP-30/Report/English/Final%20report.pdf</a>; <a href="https://www.icao.int/news/new-power-bank-restrictions-will-safeguard-international-aviation">https://www.icao.int/news/new-power-bank-restrictions-will-safeguard-international-aviation</a> (Oct.
6-10, 2025).
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Section 175.33
Section 175.33 establishes requirements for the notification of the
pilot-in-command when hazardous materials are transported by aircraft.
Consistent with a revision to the ICAO Technical Instructions, in
paragraph (a)(13), PHMSA proposes to add reference to sodium ion
batteries to the provisions that currently apply to lithium ion and
metal batteries.
Section 175.78
Section 175.78 prescribes the stowage compatibility of hazardous
materials offered for transportation by aircraft. Consistent with
changes in the ICAO Technical Instructions, PHMSA proposes to revise
paragraph (c)(4) (i.e., ``Note 1'') to specify that explosives in
Compatibility Group G must not be stowed with explosives in
Compatibility Groups C, D, or E. Furthermore, PHMSA proposes that, when
loaded into Unit Load Devices (ULDs), the explosives in Category G must
be separated from ULDs containing explosives in Compatibility C, D, or
E by other cargo at least two meters (6.5 feet). When not loaded into
ULDs, explosives in Compatibility Group G must be loaded into
different, non-adjacent loading positions and separated by other cargo
by at least two meters (6.5 feet). This change is the result of a
discrepancy between the ICAO Technical Instructions and the Supplement
to the Technical Instructions identifying explosives separation (i.e.,
Table 7-2 in the Technical Instructions and S-7-1 in the Supplement).
Before the revision, the ICAO Technical Instructions specified that
explosives of Compatibility Groups C, D and E could be loaded with
Compatibility Group G, while the Supplement required separation. The
Dangerous Goods Panel agreed that they should be separated. This
revision is also consistent with the criteria for separation of
explosives provided in 7.1.3.1 of the UN Model Regulations.
E. Part 176
Section 176.708
Section 176.708 prescribes minimum separation distances between
radioactive materials and spaces regularly occupied by crew members or
passengers, or between radioactive materials and undeveloped
photographic film, while aboard vessels. Paragraph (d) currently
provides two methods for determining separation distances from crew
members and passengers using either a table provided in this section of
the HMR or, for shipments under exclusive use conditions, using dose
rate ranges. PHMSA proposes to allow the use of the IMDG Code
segregation distances provided in their Table 7.1.4.5.18, which would
authorize a third alternative for determining segregation distances
between radioactive materials and crew members and passengers.
Shipments made in accordance with the IMDG Code already have this
option under 49 CFR 171.25(b)(2). PHMSA believes allowing the IMDG Code
provisions for domestic shipments will provide shippers and carriers
additional flexibility in determining appropriate segregation distances
while not compromising safety to crew members and passengers.
Section 176.905
Section 176.905 prescribes transportation requirements and
exceptions for vessel transportation of motor vehicles (``vehicle'').
PHMSA proposes to replace the existing text of 49 CFR 176.905 to adopt
updated transport provisions and exceptions for vessel shipments of
these vehicles consistent with changes made in the IMDG Code. In
response to multiple roll-on/roll-off vessel (``Ro-Ro vessel'') fire
incidents resulting in crew member deaths and injuries and hundreds of
millions of dollars in loss to cargo and vessels, the International
Maritime Organization Sub-Committee on Carriage of Cargoes and
Containers established a correspondence group to review existing
international transport standards and safety of transport of motor
vehicles and to make recommendations for changes to prevent future
incidents or mitigate impacts. The resulting recommendations were
adopted in the IMDG Code and, in this NPRM, PHMSA proposes to adopt
these amendments in the HMR.
Specifically, PHMSA proposes a new paragraph (a) that requires the
shipper(s) of all vehicles offered for transport by vessel, except for
those driven on board Ro-Ro passenger vessels under their own power by
a passenger, to assess the safety condition of the vehicle prior to
offering it for transport. If a vehicle has or shows signs of damage to
electrical equipment (e.g., batteries) or to supplemental restraint
systems (e.g., airbags or seatbelt pretensioners) or has been impacted
by extreme weather or natural events (e.g., flooding, wildfire), the
vehicle may not be offered for transport unless corrective action can
be implemented to address the identified hazard from damage prior to
offering for transportation. Similar inspection criteria prior to
loading a vessel are in 49 CFR 176.905(a)(1). These conditions do not
apply to vehicles offered under the exceptions in 49 CFR 176.905(i),
which includes all vehicles offered for transport on Ro-Ro vessels
(and, thus, most vehicle vessel shipments).
PHMSA believes an increased assessment prior to offering a vehicle
for transport and clearly outlining conditions under which a vehicle is
not allowed to be transported will help prevent future incidents by
ensuring unsafe vehicles (for transport) are not offered for vessel
transportation. In response to a fire aboard the Ro-Ro vessel,
H[ouml]egh Xiamen, the National Transportation Safety Board (NTSB)
issued safety recommendation M-21-014 to PHMSA to remove the exceptions
in 49 CFR 176.905(i) for used and damaged flammable liquid-powered
vehicles transported by Ro-Ro vessels.\51\ PHMSA believes this proposed
change addresses the intent of the NTSB safety recommendation. The
primary factor and negative safety impact NTSB identified is the
waiving of the inspection of vehicles under 49 CFR 176.905(i) and its
associated mitigation of hazards prior to transport.
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\51\ National Transportation Safety Boad (NTSB), Safety
Recommendation M-21-014, available at: <a href="https://data.ntsb.gov/carol-main-public/sr-details/M-21-014">https://data.ntsb.gov/carol-main-public/sr-details/M-21-014</a> (Dec. 16, 2021).
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Proposed paragraph (b) contains transport requirements for vehicles
that
[[Page 67737]]
meet the assessment criteria of paragraph (a) to qualify for exceptions
from the HMR if certain conditions are met related to the motive power
source and quantity of fuel, if applicable. These provisions are
largely consistent with existing exceptions found in 49 CFR 176.905(i).
A clarification is proposed in paragraph (b)(3)(vii) to indicate that
lithium battery-powered vehicles are not eligible for the exceptions
provided by paragraph (b).
Proposed paragraph (c) contains requirements for vehicles that are
not prohibited by paragraph (a) yet are not eligible for the exceptions
in paragraph (b). These provisions are largely consistent with existing
requirements found in 49 CFR 176.905(a) with an additional reference to
the requirement to mark and to label packaged vehicles consistent with
the proposed requirement in Sec. 173.220(h). In addition, PHMSA
proposes to require shipments of vehicles in closed CTUs to be
placarded on each side and each end, regardless of whether the vehicle
is packaged or unpackaged.
PHMSA believes this change increases awareness of the presence of
vehicles--both packaged and unpackaged--when enclosed in CTUs. It also
increases awareness of hazardous materials in the transport chain.
Additional placarding requirements would only apply to vehicles that
were ineligible for the exceptions found in the remainder of the
section. Moreover, it would primarily apply to vehicles powered by
lithium ion or sodium ion batteries (or hybrid batteries) as well as
vehicles with internal combustion engines containing more fuel than is
currently allowed by the exception. Furthermore, the hazardous
materials (hazmat) endorsement on a Commercial Driver's License (CDL)
requirements addressed in 49 CFR part 383 and defined in 49 CFR 383.5
apply to a material that has been designated as hazardous under 49
U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR
part 172; or any quantity of a material listed as a select agent or
toxin in 42 CFR part 73. Since the proposed requirement to placard CTUs
is in 49 CFR part 176, it would not necessitate the driver of a
commercial vehicle to obtain a hazmat endorsement on his or her CDL.
In addition, PHMSA proposes to move the existing 49 CFR 176.905(b)-
(h) provisions related to vessel operational controls into paragraph
(c)(7)-(13). This proposal is consistent with existing HMR requirements
for shipments of vehicles that are not excepted from the rest of the
subchapter in paragraph. PHMSA notes these additional operational
conditions would only apply to vehicles offered in accordance with
paragraph (c). PHMSA believes not applying these provisions to all
vehicles, consistent with existing requirements, is warranted as those
vehicles offered in accordance with the exceptions found in proposed
paragraph (b) are either in designated and otherwise approved vehicle
spaces or have mitigating factors such as no fuel or fuel with a high
flashpoint.
F. Part 178
Section 178.71
Section 178.71 prescribes specifications for UN pressure
receptacles. First, PHMSA proposes to amend paragraph (d)(2) to
incorporate by reference clause 5.4.2 of ISO 10297:2024(E) and the
updated edition of ISO 14246:2022(E) for cylinder valves. Adding clause
5.4.2 of ISO 10297:2024(E) would authorize an alternative to the 2014
edition that is currently referenced, providing manufacturers with the
flexibility to use the updated impact testing standards for valve
protection without invalidating existing designs. The incorporation of
ISO 14246:2022(E) includes updated requirements for oxidizing gases and
a revised test pressure for acetylene valves.
Specifically, PHMSA proposes to add language to paragraph (d)(2) to
state ``or clause 5.4.2 of ISO 10297:2024(E) (Gas cylinders--Refillable
gas cylinder valves--Specification and type testing)'' and to reference
ISO 14246:2022(E), (Gas cylinders--Cylinder valves--Manufacturing tests
and examinations).
Paragraph (o) addresses material compatibility for UN pressure
receptacles. PHMSA proposes to amend paragraph (o)(1) to update the
reference to ISO standard 11114-1, (Gas cylinders--Compatibility of
cylinder and valve materials with gas contents--Part 1: Metallic
materials) to reference the 2020 edition with the 2023 amendment (i.e.,
ISO 11114-1:2020/Amd 1:2023) for material compatibility requirements.
Finally, paragraph (t) contains the marking requirements for UN
non-refillable pressure receptacles. PHMSA proposes to add paragraph
(t)(5) stating that non-refillable UN pressure receptacles of seamless
construction with a diameter of less than or equal to 40 mm may also be
permanently marked (e.g., stenciled, stamped, engraved or etched) on
the side walls, provided no harmful stress concentration is created and
the minimum cylindrical shell wall thickness is maintained. The marking
must be at least 1.5 mm and the UN pressure receptacle must be at least
three mm. Further, the minimum size of the ``DO NOT REFILL'' mark would
be revised to three mm.
Section 178.277
Section 178.277 outlines the requirements for the design,
construction, inspection, and testing of portable tanks intended for
the transportation of refrigerated liquefied gases. Paragraph (d)(1)
requires that each filling and discharge opening in portable tanks used
for the transport of flammable refrigerated liquefied gases must be
fitted with at least three mutually independent shutoff devices in
series, with the first being a stop-valve situated as close as
reasonably practicable to the jacket. This stop-valve must be a self-
closing device capable of being closed from an accessible position on
the portable tank in the event of an incident. The UNMR were amended to
clarify that the requirement for three shutoff devices also applies to
the openings in the vapor phase of the tank. These openings are
primarily used for pre-cooling the tanks and for pressure reduction
(vapor recovery) during filling. Therefore, PHMSA proposes to revise
paragraph (d)(1) to clarify that filling and discharge openings also
include the openings in the vapor phase of the portable tank that are
used for vapor recovery. In addition, portable tanks constructed after
January 1, 2029, must be equipped with three independent shutoff
devices on these vapor phase openings. However, portable tanks
constructed before January 1, 2029, without these shutoff devices in
the vapor space may continue to be used.
Section 178.703
Section 178.703 prescribes IBC marking requirements. PHMSA proposes
editorial revisions for consistent use of units of measure and
terminology for the stacking test so that mass (kg) is used on
markings, while maintaining force/load (measured in newtons) for the
stacking test procedure. The existing text mixes units of measure by
referencing a ``stacking test load'' with its value in kilograms, which
incorrectly equates a test force to a mass. Specifically, PHMSA
proposes to revise the specification marking provision in 49 CFR
178.703(a)(1)(vii), and the example text in 49 CFR 178.703(a)(2)(iii),
to replace ``stacking test load'' with ``superimposed stacking test
mass,'' and the stacking symbol text in 49 CFR 178.703(b)(7)(iv) to
replace ``stacking test load'' with ``superimposed stacking mass.'' For
consistency with the UNMR, PHMSA is
[[Page 67738]]
also proposing an editorial amendment to revise the reference to the
load imposed the design test to the calculation in the stacking test
criteria of 49 CFR 178.815(c)(5). These proposed revisions are
terminology and unit of measure clarification changes only and do not
change the marking requirements on a package or the stacking test
itself. See the corresponding clarification of the IBC test method in
49 CFR 178.815.
Section 178.815
Section 178.815 prescribes the stacking test requirements for IBCs.
PHMSA proposes an editorial clarification in 49 CFR 178.815(c),
Calculation of superimposed test load, to align with force and mass
terminology in the UNMR. Paragraph (c)(5) currently states that ``the
load to be placed on the IBC'' must be 1.8 times the combined maximum
permissible gross mass of the number of similar IBCs that may be
stacked on top of the IBC during transportation. PHMSA proposes to
revise the text to ``the mass placed on the IBC surface to create the
superimposed test load'' is 1.8 times the combined mass. The proposed
text in 49 CFR 178.815(c) clarifies that a mass (kg) is used to
generate the test force and eliminates language that could be
interpreted as equating force and mass.
Section 178.910
Section 178.910 prescribes Large Packaging marking requirements.
PHMSA proposes editorial revisions for consistent use of units of
measure and terminology for the stacking test so that mass (kg) is used
on markings while maintaining force/load (measured in newtons) for the
stacking test procedure. The existing text mixes units of measure by
referencing a ``stacking test load'' with its value in kilograms, which
incorrectly equates a test force to a mass. Specifically, PHMSA
proposes to revise 49 CFR 178.910(a)(1)(vii) and the example text in 49
CFR 178.910(a)(2)(i) and (iv) to replace ``stacking test load'' with
``superimposed stacking test mass.''
During development of this NPRM, PHMSA identified that the
instruction to mark above the stacking symbol with the maximum mass
authorized for stacking on the Large Packaging was inadvertently
omitted when this section was added in a previous final rule, HM-
215L.\52\ To correct this oversight and to align with international
standards, PHMSA proposes to revise 49 CFR 178.910(b) with the stacking
symbol marking instruction and reference the superimposed stacking mass
as described above.
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\52\ 78 FR 988 (Jan. 7, 2013).
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These proposed revisions are clarifications only and do not change
the marking requirements on a package or the stacking test itself. See
the corresponding clarification of the Large Packaging test method in
49 CFR 178.980.
Section 178.980
Section 178.980 prescribes the stacking test requirements for Large
Packagings. PHMSA proposes an editorial clarification in 49 CFR
178.980(c), calculation of superimposed test load, to align with force
and mass terminology in the UNMR. Paragraph (c)(5) currently states
that ``the load to be placed on the Large Packaging'' must be 1.8 times
the combined maximum permissible gross mass of the number of similar
Large Packagings that may be stacked on top of the Large Packaging
during transportation. PHMSA proposes to revise text to ``the mass
placed on the Large Packaging surface to create the superimposed test
load'' is 1.8 times the combined mass. The proposed text clarifies that
a mass (kg) is used to generate the test force and eliminates language
that could be interpreted as equating force and mass.
Section 178.1010
Section 178.1010 prescribes flexible bulk container marking
requirements. PHMSA proposes editorial revisions for consistent use of
units of measure and terminology for the stacking test so that mass
(kg) is used on markings while maintaining force/load (measured in
newtons) for the stacking test procedure. The existing text mixes units
of measure by referencing a ``stacking test load'' with its value in
kilograms, which incorrectly equates a test force to a mass.
Specifically, PHMSA proposes to revise 49 CFR 178.1010(a)(1)(vii) and
the example text in 49 CFR 178.1010(a)(2) to replace ``stacking test
load'' with ``superimposed stacking test mass.'' In addition, PHMSA
proposes to correct an error inadvertently included when this section
was added in a previous final rule, HM-215L, by removing the second
sentence in (a)(1)(vii) that states ``For Flexible Bulk Containers not
designed for stacking the figure ``0'' must be shown.'' All flexible
bulk containers are designed to be stacked and tested accordingly so
marking an indication of ``0'' is inappropriate. These proposed
revisions are terminology and unit of measure clarification changes
only and do not change the marking requirements on a package or the
stacking test itself.
G. Part 180
Section 180.207
Section 180.207 outlines the requirements for the requalification
of UN pressure receptacles. Paragraph (d)(1) specifies the requirements
for seamless steel cylinders. PHMSA proposes to replace the reference
to ISO 6406:2005(E) with ISO 18119. This proposed revision also
responds to a petition for rulemaking.\53\ Paragraph (d)(2) specifies
the requirements for seamless UN aluminum cylinders. PHMSA proposes to
replace the reference to ISO 10461 with ISO 18119. This proposed
revision also responds to a petition for rulemaking.\54\ Paragraph
(d)(4) specifies the requirements for composite UN cylinders. PHMSA
proposes to add reference to ISO 11623:2023(E) and to allow for the
continued use of ISO 11623:2015(E) until December 31, 2028. Paragraph
(d)(6) specifies the requirements for valves for UN pressure
receptacles. PHMSA proposes to revise paragraph (d)(6) to incorporate
by reference ISO 22434:2022 and allow for the continued use of ISO
22434:2006 until December 31, 2028.
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\53\ FIBA (P-1752), PHMSA-2020-0168, available at: <a href="https://www.regulations.gov/docket/PHMSA-2020-0168">https://www.regulations.gov/docket/PHMSA-2020-0168</a>.
\54\ Hazmat Safety Consultants, (P-1776), PHMSA-2023-0088
available at: <a href="https://www.regulations.gov/docket/PHMSA-2023-0088">https://www.regulations.gov/docket/PHMSA-2023-0088</a>.
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VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority
This NPRM is published under the authority of Federal Hazardous
Materials Transportation Law set forth in 49 U.S.C. ch. 51. Under 49
U.S.C. 5103(b), the Secretary of Transportation is authorized to
prescribe regulations for the safe transportation, including security,
of hazardous materials in intrastate, interstate, and foreign commerce.
The Secretary is authorized under 49 U.S.C. 5120 to consult with
interested international authorities to ensure that, to the extent it
is safe and practicable, regulations governing the transportation of
hazardous materials in commerce are consistent with the standards
adopted by international authorities. The Secretary has delegated the
authority granted in the Federal Hazardous Materials Transportation Law
to the PHMSA Administrator at 49 CFR 1.97(b).
B. Executive Order 12866 and Regulatory Planning and Review
Executive Order (E.O.) 12866 (Regulatory Planning and Review), as
implemented by 49 CFR part 5, subpart
[[Page 67739]]
B, requires agencies to regulate in the ``most cost-effective manner,''
to make a ``reasoned determination that the benefits of the intended
regulation justify its costs,'' and to develop regulations that
``impose the least burden on society.'' \55\ In arriving at those
conclusions, E.O. 12866 requires that agencies should consider ``both
quantifiable measures . . . and qualitative measures of costs and
benefits that are difficult to quantify'' and ``maximize net benefits .
. . unless a statute requires another regulatory approach.'' E.O. 12866
also requires that ``agencies should assess all costs and benefits of
available regulatory alternatives, including the alternative of not
regulating.'' Per 49 CFR part 5, subpart B PHMSA and other Operating
Administrations must generally choose the ``least costly regulatory
alternative that achieves the relevant objectives'' unless required by
law or compelling safety need. In addition, 49 CFR part 5, subpart B
specifies that regulations should generally ``not be issued unless
their benefits are expected to exceed their costs.'' PHMSA has complied
with the requirements in E.O. 12866 as implemented by 49 CFR part 5,
subpart B. Accordingly, PHMSA has preliminarily determined that the
amendments proposed in this NPRM will result in cost savings by
reducing regulatory burdens and regulatory uncertainty.
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\55\ 58 FR 51735 (Oct. 4, 1993); 91 FR 22431 (Apr. 27, 2026);
see also DOT Order 2100.6B (Policies and Procedures for
Rulemakings).
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E.O. 12866 (Regulatory Planning and Review) and 49 CFR part 5,
subpart B also require that PHMSA submit ``significant regulatory
actions'' to the Office of Management and Budget (OMB) for review.\56\
This rulemaking is not considered a significant regulatory action under
Section 3(f) of E.O. 12866 and, therefore, was not formally reviewed by
OMB.
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\56\ 58 FR 51735 (Oct. 4, 1993).
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C. Executive Orders 14192 and 14219
This rulemaking is expected to be an E.O. 14192 (Unleashing
Prosperity Through Deregulation) deregulatory action.\57\ The proposed
rule would have net annualized cost savings of approximately $56,000
using a three percent discount rate and $49,000 using a seven percent
discount rate. Details on the costs, cost savings, and benefits of this
rulemaking can be found in the PRIA, which is available in the public
docket.
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\57\ 90 FR 9065 (Jan. 31, 2025).
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D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156 (Declaring a National
Energy Emergency) a national emergency to address U.S. inadequate
energy development production, transportation, refining, and generation
capacity.\58\ Similarly, E.O. 14154 (Unleashing American Energy)
asserts a Federal policy to unleash American energy by ensuing access
to abundant supplies of reliable, affordable energy from (inter alia)
the removal of ``undue burden[s]'' on the identification, development,
or use of domestic energy resources.\59\ PHMSA preliminarily finds this
NPRM is consistent with both E.O. 14156 and E.O. 14154.
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\58\ 90 FR 8353 (Jan. 29, 2025).
\59\ 90 FR 8353 (Jan. 29, 2025).
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This rulemaking is not a ``significant'' energy action under E.O.
13211 (Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use). It also is not a significant regulatory
action under E.O. 12866 and is therefore not likely to have a
significant adverse effect on the supply, distribution, or use of
energy for purposes of the requirements of E.O 14156 (Declaring a
National Energy Emergency) and E.O. 14154 (Unleashing American Energy).
In fact, as opposed to having an adverse effect on the domestic supply,
distribution, or use of energy, this proposed rule may actually
contribute to streamlining such transportation.
E. Executive Order 13132: Federalism
PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in E.O. 13132 (Federalism) and the Presidential
Memorandum (Preemption) published in the Federal Register on May 22,
2009. E.O. 13132 requires agencies to assure meaningful and timely
input by State and local officials in the development of regulatory
policies that may have ``substantial direct effects on the States, on
the relationship between the Federal Government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
The rulemaking may preempt State, local, and Tribal requirements
but does not propose any regulation that has substantial direct effects
on the States, the relationship between the Federal Government and the
States, or the distribution of power and responsibilities among the
various levels of government. The Federal Hazardous Materials
Transportation Law contains a provision at 49 U.S.C. 5125(b) that
expressly preempts State, local, and Tribal requirements on certain
covered subjects, unless the non-Federal requirements are
``substantively the same'' as the Federal requirements, including the
following:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This proposed rule addresses covered subject items (1), (2), (3),
(4), and (5) above and would preempt State, local, and Tribal
requirements not meeting the ``substantively the same'' standard. In
this instance, the preemptive effect of the proposed rule is limited to
the minimum level necessary to achieve the objectives of the hazardous
materials transportation law under which the final rule is promulgated.
F. Regulatory Flexibility Act
This NPRM has been developed in accordance with E.O. 13272 (Proper
Consideration of Small Entities in Agency Rulemaking) and DOT's
procedures and policies to promote compliance with the Regulatory
Flexibility Act to ensure that potential impacts of draft rules on
small entities are properly considered.\60\ This rulemaking facilitates
the transportation of hazardous materials in international commerce by
providing consistency with international standards. It applies to
offerors and carriers of hazardous materials, some of whom are small
entities, such as chemical manufacturers, users, and suppliers,
packaging manufacturers, distributors, and training companies. As
discussed at length in the PRIA found in the rulemaking docket, the
amendments in this proposed rule should result in net cost savings that
would ease the regulatory compliance burden for those
[[Page 67740]]
and other entities engaged in domestic and international commerce,
including transborder shipments within North America. In addition, the
changes proposed in this NPRM would relieve U.S. companies, including
small entities competing in foreign markets, from the burden of
complying with a dual system of regulations. Therefore, PHMSA expects
that these amendments will not, if adopted, have a significant economic
impact on a substantial number of small entities. However, PHMSA
solicits comments on the anticipated economic impacts to small
entities.
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\60\ DOT, Rulemaking Requirements Related to Small Entities
(last updated May 18, 2012), available at: <a href="http://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities">www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities</a>.
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G. Unfunded Mandates Reform Act of 1995 (UMRA)
This action does not contain an unfunded mandate of $100 million
(adjusted annually for inflation) or more (in 1995 dollars) and does
not significantly or uniquely affect small governments. The action
imposes no enforceable duty on any State, local or Tribal governments
or the private sector.
H. National Environmental Policy Act
PHMSA has analyzed this proposed rule pursuant to the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321, et seq.) and has
preliminarily determined it is categorically excluded under 23 CFR
771.117(c)(20), which applies to the promulgation of rules,
regulations, and directives. Under Section 9 of DOT Order 5610.1D,
PHMSA may apply a categorical exclusion (CE) established in another
Operating Administration's procedures. PHMSA followed the requirements
outlined in DOT Order 5610.1D to apply the Federal Highway
Administration's CE to this proposed deregulatory action. PHMSA does
not anticipate any adverse environmental impacts from this proposed
rule, and PHMSA has determined no unusual circumstances are present
under 23 CFR 771.117(b). PHMSA is soliciting comments on the
environmental and safety impacts of the proposed rule. Following the
public comment period, if determined appropriate, PHMSA will prepare a
Categorical Exclusion Determination memo to be posted on PHMSA's
website.\61\
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\61\ PHMSA, Implementing Procedures (NEPA) (last accessed Feb.
11, 2026), available at: <a href="https://www.phmsa.dot.gov/planning-and-analytics/environmental-analysis-and-compliance/implementing-procedures">https://www.phmsa.dot.gov/planning-and-analytics/environmental-analysis-and-compliance/implementing-procedures</a>.
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I. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
PHMSA has analyzed this NPRM according to E.O. 13175 (Consultation
and Coordination with Indian Tribal Governments) and DOT Order 5301.1A
(Department of Transportation Tribal Consultation Policies and
Procedures).\62\ Because the NPRM does not significantly or uniquely
affect the communities of the Indian Tribal governments or impose
substantial direct compliance costs, the funding and consultation
requirements of E.O. 13175 do not apply.
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\62\ 65 FR 67249 (Nov. 6, 2000).
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J. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to inform its rulemaking process. DOT posts these comments,
without edits and including any personal information that the commenter
includes in the system of records notice.\63\
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\63\ See DOT Privacy Program, available at: <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a> (Oct. 10, 2025).
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K. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et
seq.), no person is required to respond to an information collection
unless it has been approved by OMB and displays a valid OMB control
number. Pursuant to 44 U.S.C. 3506(c)(2)(B) and 5 CFR 1320.8(d), PHMSA
must provide interested members of the public and affected agencies
with an opportunity to comment on information collection and
recordkeeping requests.
PHMSA has analyzed this NPRM in accordance with the Paperwork
Reduction Act. See discussions on the OMB control numbers affected
below:
2137-0018 ``Inspection and Testing of Portable Tanks and Intermediate
Bulk Containers''
PHMSA proposes to revise Sec. 178.277(d)(1) to clarify that
filling and discharge openings also include the openings in the vapor
phase of the portable tank that are used for vapor recovery and that
portable tanks constructed after January 1, 2029 must be constructed
with three mutually independent shutoff devices on openings in the
vapor phase. PHMSA expects that manufacturers would need to redesign
portable tanks to include a third shutoff device and submit tank
redesigns to a DAA for approval. Four domestic manufacturers will spend
43 hours each on tank redesigns in 2028, totaling 172 burden hours.
Four DAAs will spend 4 hours per review, totaling 16 burden hours. In
total, manufacturers and DAAs will spend 188 burden hours across eight
total responses. The figures below reflect these one-time 2028 burdens
annualized over OMB's standard three-year clearance period:
Manufacturers (Tank Redesigns & Submissions)
<bullet> Annual increase in number of respondents: 1.33
<bullet> Annual increase in number of responses: 1.33
<bullet> Annual increase in burden hours: 57.33 DAAs (Reviews &
Approvals)
<bullet> Annual increase in number of respondents: 1.33
<bullet> Annual increase in number of responses: 1.33
<bullet> Annual increase in burden hours: 5.33
2137-0557: ``Approvals for Hazardous Materials''
PHMSA anticipates this proposed rule would result in fewer
explosives approvals submitted by shippers or manufacturers of small
pyrotechnical devices used in lifesaving appliances and self-inflating
protective equipment.
Annual decrease in number of respondents: 1
Annual decrease in number of responses: 1
Annual decrease in burden hours: 4.75
PHMSA requests comments on the information collection and
recordkeeping burdens associated with developing, implementing, and
maintaining the proposed requirements in this NPRM. Address written
comments to the DOT Docket Operations Office identified in the
ADDRESSES section of this rulemaking. PHMSA must receive comments
regarding information collection burdens prior to the close of the
comment period identified in the DATES section of this rulemaking.
Requests for a copy of this information collection should be directed
to Steven Andrews or Ryan Larson, Standards and Rulemaking Division
(PHH-10), Pipeline and Hazardous Materials Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001. If these proposed
requirements are adopted in a final rule, PHMSA will submit the revised
information collection and recordkeeping requirements to OMB for
approval.
L. Executive Order 13609 and International Trade Analysis
E.O. 13609 (Promoting International Regulatory Cooperation)
requires that agencies consider whether the impacts associated with
significant variations between domestic and international regulatory
approaches are unnecessary or may impair the ability of American
business to export and to compete internationally.\64\ In meeting
shared challenges involving health, safety,
[[Page 67741]]
labor, security, environmental, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are or would be adopted in the absence of such
cooperation. International regulatory cooperation can also reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements.
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\64\ 77 FR 26413 (May 4, 2012).
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Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465) (as
amended, the Trade Agreements Act), prohibits agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to the Trade Agreements Act, the establishment of
standards is not considered an unnecessary obstacle to the foreign
commerce of the United States, as long as the standards have a
legitimate domestic objective, such as providing for safety, and do not
operate to exclude imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they are the basis for U.S. standards.
PHMSA participates in the establishment of international standards
to protect the safety of the American public, and it has assessed the
effects of the NPRM to ensure that it does not cause unnecessary
obstacles to foreign trade. In fact, the proposed rule is expected to
facilitate international trade by harmonizing U.S. and international
requirements for the transportation of hazardous materials to reduce
regulatory burdens and minimize delays arising from having to comply
with divergent regulatory requirements. Accordingly, this rulemaking is
consistent with E.O. 13609 and PHMSA's obligations under the Trade
Agreements Act.
M. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs Federal agencies to use voluntary consensus
standards in their regulatory activities, unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. This NPRM
involves multiple voluntary consensus standards, which are discussed at
length in the preamble. See the Section-by-Section Review in Section
171.7 for further details.
N. Cybersecurity and Executive Order 14028
E.O. 14028 (Improving the Nation's Cybersecurity) directs the
Federal Government to improve its efforts to identify, deter, and
respond to ``persistent and increasingly sophisticated malicious cyber
campaigns.'' \65\ PHMSA has considered the effects of the NPRM and has
determined that its proposed regulatory amendments would not materially
affect the cybersecurity risk profile for transportation of hazardous
materials.
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\65\ 86 FR 26633 (May 17, 2021).
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O. Severability
The purpose of this NPRM is to operate holistically in addressing
different issues related to safety and environmental hazards associated
with the transportation of hazardous materials. However, PHMSA
recognizes that certain provisions focus on unique topics. Therefore,
PHMSA finds that the various provisions of this proposed rule are
severable and able to function independently if severed from each
other. Thus, in the event a court were to invalidate one or more of
this NPRM's unique provisions, the remaining provisions stand and
continue in effect.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Incorporation by
reference, Radioactive materials, Reporting and recordkeeping
requirements.
49 CFR Part 176
Cargo vessels, Hazardous materials transportation, Incorporation by
reference, Maritime Carriers, Radioactive Materials, Reporting and
recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Incorporation by reference,
Motor carriers, Motor vehicle safety, Packaging and containers,
Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA proposes to amend 49 CFR
Chapter I as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 101-5128, 44701; Pub. L. 101-410 section 4;
Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 U.S.C.
2461 note); 49 CFR 1.81 and Sec. 1.97.
0
2. In Sec. 171.7, revise paragraphs (t)(1), (v), (w), (bb)(1), and
(dd) to read as follows:
Sec. 171.7 Reference material.
* * * * *
(t) * * *
(1) ICAO Doc 9284 Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), 2027-2028
Edition, copyright 2026, into Sec. Sec. 171.8; 171.22 through 171.24;
172.101; 172.202; 172.401; 172.407; 172.512; 172.519; 172.602; 173.56;
173.320; 175.10, 175.33; 178.3.
* * * * *
(v) International Maritime Organization (``IMO''), 4 Albert
Embankment, London, SE1 7SR, United Kingdom, + 44 (0) 20 7735 7611,
<a href="http://www.imo.org">http://www.imo.org</a>. IMDG Code available from: IMO Publishing,
<a href="/cdn-cgi/l/email-protection#5023313c352310393d3f7e3f2237"><span class="__cf_email__" data-cfemail="aad9cbc6cfd9eac3c7c584c5d8cd">[email protected]</span></a>.
(1) International Convention for the Safety of Life at Sea, 1974,
Consolidated Edition (SOLAS), Chapter II-2, Construction--Fire
protection, fire detection and fire extinction, Regulation 3,
Definitions, 2024, into Sec. 176.905.
(2) International Convention for the Safety of Life at Sea, 1974,
Consolidated Edition (SOLAS), Chapter II-2, Construction--Fire
protection, fire detection and fire extinction, Regulation 19, Carriage
of dangerous goods, 2024, into Sec. Sec. 176.63, 176.84.
[[Page 67742]]
(3) International Maritime Dangerous Goods Code (IMDG Code),
Incorporating Amendment 43-26 (English Edition), 2026 Edition; 2026,
into Sec. Sec. 171.22; 171.23; 171.25; 172.101; 172.202; 172.203;
172.401; 172.407; 172.502; 172.519; 172.602; 173.21; 173.56; 176.2;
176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140; 176.720;
176.906; 178.3; 178.274.
(i) Volume 1, Incorporating Amendment 43-26 (Vol. 1).
(ii) Volume 2, Incorporating Amendment 43-26 (Vol. 2).
(w) International Organization for Standardization, Case Postale
56, CH-1211, Geneve 20, Switzerland, <a href="http://www.iso.org">http://www.iso.org</a>. Also available
from: ANSI 25, West 43rd Street, New York, NY 10036, 1-212-642-4900,
<a href="http://www.ansi.org">http://www.ansi.org</a>.
(1) ISO 535-2023(E) Paper and board--Determination of water
absorptiveness--Cobb method, 2014, Fourth edition, 2023-03, into
Sec. Sec. 178.707; 178.708; 178.516.
(2) ISO 1496-1:1990(E)--Series 1 freight containers--Specification
and testing, Part 1: General cargo containers. Fifth Edition, (August
15, 1990), into Sec. 173.411.
(3) ISO 1496-3:2019(E)--Series 1 freight containers--Specification
and testing--Part 3: Tank containers for liquids, gases and pressurized
dry bulk, Fifth edition, 2019-04, into Sec. Sec. 178.74; 178.75;
178.274.
(4) ISO 1516:2002(E), Determination of flash/no flash--Closed cup
equilibrium method, Third Edition, 2002-03-01, into Sec. 173.120.
(5) ISO 1523:2002(E), Determination of flash point--Closed cup
equilibrium method, Third Edition, 2002-03-01, into Sec. 173.120.
(6) ISO 2431-1984(E) Standard Cup Method, 1984, into Sec. 173.121.
(7) ISO 2592:2000(E), Determination of flash and fire points--
Cleveland open cup method, Second Edition, 2000-09-15, into Sec.
173.120.
(8) ISO 2719:2002(E), Determination of flash point--Pensky-Martens
closed cup method, Third Edition, 2002-11-15, into Sec. 173.120.
(9) ISO 2919:1999(E), Radiation Protection--Sealed radioactive
sources--General requirements and classification, (ISO 2919), second
edition, February 15, 1999, into Sec. 173.469.
(10) ISO 3036-1975(E) Board--Determination of puncture resistance,
1975, into Sec. 178.708.
(11) ISO 3405:2000(E), Petroleum products--Determination of
distillation characteristics at atmospheric pressure, Third Edition,
2000-03-01, into Sec. 173.121.
(12) ISO 3574-1986(E) Cold-reduced carbon steel sheet of commercial
and drawing qualities, into Sec. 178.503; Part 178, appendix C.
(13) ISO 3679:2004(E), Determination of flash point--Rapid
equilibrium closed cup method, Third Edition, 2004-04-01, into Sec.
173.120.
(14) ISO 3680:2004(E), Determination of flash/no flash--Rapid
equilibrium closed cup method, Fourth Edition, 2004-04-01, into Sec.
173.120.
(15) ISO 3807-2(E), Cylinders for acetylene--Basic requirements--
Part 2: Cylinders with fusible plugs, First edition, March 2000, into
Sec. Sec. 173.303; 178.71.
(16) ISO 3807:2013(E), Gas cylinders--Acetylene cylinders--Basic
requirements and type testing, Second edition, 2013-09-01, into
Sec. Sec. 173.303; 178.71.
(17) ISO 3924:1999(E), Petroleum products--Determination of boiling
range distribution--Gas chromatography method, Second Edition, 1999-08-
01, into Sec. 173.121.
(18) ISO 4126-1:2004(E): Safety devices for protection against
excessive pressure--Part 1: Safety valves, Second edition 2004-02-15,
into Sec. 178.274.
(19) ISO 4126-7:2004(E): Safety devices for protection against
excessive pressure--Part 7: Common data, First Edition 2004-02-15 into
Sec. 178.274.
(20) ISO 4126-7:2004/Cor.1:2006(E): Safety devices for protection
against excessive pressure--Part 7: Common data, Technical Corrigendum
1, 2006-11-01, into Sec. 178.274.
(21) ISO 4626:1980(E), Volatile organic liquids--Determination of
boiling range of organic solvents used as raw materials, First Edition,
1980-03-01, into Sec. 173.121.
(22) ISO 4706:2023(E), Gas cylinders--Refillable welded steel
cylinders--Test pressure 60 bar and below, Third edition, 2023-09, into
Sec. 178.71.
(23) ISO 6406(E), Gas cylinders--Seamless steel gas cylinders--
Periodic inspection and testing, Second edition, February 2005, into
Sec. 180.207.
(24) ISO 6892 Metallic materials--Tensile testing, July 15, 1984,
First Edition, into Sec. 178.274.
(25) ISO 7225(E), Gas cylinders--Precautionary labels, Second
Edition, July 2005, into Sec. 178.71.
(26) ISO 7866(E), Gas cylinders--Refillable seamless aluminum alloy
gas cylinders--Design, construction and testing, First edition, June
1999, into Sec. 178.71.
(27) ISO 7866:2012(E), Gas cylinders--Refillable seamless aluminium
alloy gas cylinders--Design, construction and testing, Second edition,
2012-09-01, into Sec. 178.71.
(28) ISO 7866:2012/Cor.1:2014(E), Gas cylinders--Refillable
seamless aluminium alloy gas cylinders--Design, construction and
testing, Technical Corrigendum 1, 2014-04-15, into Sec. 178.71.
(29) ISO 8115 Cotton bales--Dimensions and density, 1986 Edition,
into Sec. 172.102.
(30) ISO 9809-1:1999(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with a tensile strength less than 1100 MPa,
First edition, June 1999, into Sec. Sec. 178.37; 178.71; 178.75.
(31) ISO 9809-1:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa.,
Second edition, 2010-04-15, into Sec. Sec. 178.37; 178.71; 178.75.
(32) ISO 9809-1:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 1:
Quenched and tempered steel cylinders and tubes with tensile strength
less than 1100 MPa, Third edition, 2019-08; into Sec. Sec. 178.37;
178.71; 178.75.
(33) ISO 9809-2:2000(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1 100 MPa., First edition, June 2000; into Sec. Sec. 178.71; 178.75.
(34) ISO 9809-2:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1100 MPa., Second edition, 2010-04; into Sec. Sec. 178.71; 178.75.
(35) ISO 9809-2:2019(E): Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 2:
Quenched and tempered steel cylinders and tubes with tensile strength
greater than or equal to 1100 MPa, Third edition, 2019-08; into
Sec. Sec. 178.71; 178.75.
(36) ISO 9809-3:2000(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 3: Normalized
steel cylinders, First edition, December 2000; into Sec. Sec. 178.71;
178.75.
(37) ISO 9809-3:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 3: Normalized
steel cylinders, Second edition, 2010-04; into Sec. Sec. 178.71;
178.75.
[[Page 67743]]
(38) ISO 9809-3:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 3:
Normalized steel cylinders and tubes, Third edition, 2019-08; into
Sec. Sec. 178.71; 178.75
(39) ISO 9809-4:2014(E), Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction, and testing--Part 4: Stainless
steel cylinders with an Rm value of less than 1100 MPa, First edition,
2014-07; into Sec. Sec. 178.71; 178.75.
(40) ISO 9809-4:2021(E), Gas cylinders -- Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 4:
Stainless steel cylinders with an R_m value of less than 1100 MPa,
Second edition, 2021-11; into Sec. Sec. 178.71; 178.75.
(41) ISO 9978:1992(E)--Radiation protection--Sealed radioactive
sources--Leakage test methods. First edition, (February 15, 1992); into
Sec. 173.469.
(42) ISO 10156:2017(E), Gas cylinders--Gases and gas mixtures--
Determination of fire potential and oxidizing ability for the selection
of cylinder valve outlets, Fourth edition, 2017-07; into Sec. 173.115.
(43) ISO 10297:1999(E), Gas cylinders--Refillable gas cylinder
valves--Specification and type testing, First edition, 1995-05; into
Sec. Sec. 173.301b; 178.71.
(44) ISO 10297:2006(E), Transportable gas cylinders--Cylinder
valves--Specification and type testing, Second edition, 2006-01; into
Sec. Sec. 173.301b; 178.71.
(45) ISO 10297:2014(E), Gas cylinders--Cylinder valves--
Specification and type testing, Third edition, 2014-07; into Sec. Sec.
173.301b; 178.71.
(46) ISO 10297:2014/Amd 1:2017(E), Gas cylinders--Cylinder valves--
Specification and type testing--Amendment 1: Pressure drums and tubes,
Third edition, 2017-03; into Sec. Sec. 173.301b; 178.71.
(47) ISO 10297:2024(E), Gas cylinders--Cylinder valves--
Specification and type testing, Fourth edition, 2024-04; into
Sec. Sec. 173.301b; 178.71.
(48) ISO 10461:2005(E), Gas cylinders--Seamless aluminum-alloy gas
cylinders--Periodic inspection and testing, Second Edition, 2005-02 and
Amendment 1, 2006-07; into Sec. 180.207.
(49) ISO 10462:2013(E), Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance, Third edition, 2013-12; into Sec.
180.207.
(50) ISO 10462:2013/Amd 1:2019(E), Gas cylinders--Acetylene
cylinders--Periodic inspection and maintenance--Third edition, 2013-12,
Amendment 1, 2019-06; into Sec. 180.207.
(51) ISO 10692-2:2001(E), Gas cylinders--Gas cylinder valve
connections for use in the micro-electronics industry--Part 2:
Specification and type testing for valve to cylinder connections, First
edition, 2001-08; into Sec. Sec. 173.40; 173.302c.
(52) ISO 11114-1:2020/Amd 1:2023 (E), Gas cylinders--Compatibility
of cylinder and valve materials with gas contents--Part 1: Metallic
materials, Third edition, 2020-05, Amendment 1, 2023-07; into
Sec. Sec. 172.102; 173.301b; 178.71.
(53) ISO 11114-2:2021(E), Gas cylinders--Compatibility of cylinder
and valve materials with gas contents--Part 2: Non-metallic materials,
Third edition, 2021-10; into Sec. Sec. 173.301b; 178.71.
(54) ISO 11117:1998(E): Gas cylinders--Valve protection caps and
valve guards for industrial and medical gas cylinders--Design,
construction, and tests, First edition, 1998-08-01, into Sec.
173.301b.
(55) ISO 11117:2008(E): Gas cylinders--Valve protection caps and
valve guards--Design, construction, and tests, Second edition, 2008-09;
into Sec. 173.301b.
(56) ISO 11117:2008/Cor.1:2009(E): Gas cylinders--Valve protection
caps and valve guards--Design, construction, and tests, Technical
Corrigendum 1, 2009-05; into Sec. 173.301b.
(57) ISO 11117:2019(E), ``Gas cylinders--Valve protection caps and
guards--Design, construction and tests, 2019-11; into Sec. 173.301b.
(58) ISO 11118(E), Gas cylinders--Non-refillable metallic gas
cylinders--Specification and test methods, First edition, October 1999;
into Sec. 178.71.
(59) ISO 11118:2015(E), Gas cylinders--Non-refillable metallic gas
cylinders--Specification and test methods, Second edition, 2015-09;
into Sec. Sec. 173.301b; 178.71.
(60) ISO 11118:2015/Amd 1:2019(E), Gas cylinders--Non-refillable
metallic gas cylinders--Specification and test methods--Second edition,
2015-09-15--Amendment 1, Second Edition, 2019-10; into Sec. Sec.
173.301b; 178.71.
(61) ISO 11119-1(E), Gas cylinders--Gas cylinders of composite
construction--Specification and test methods--Part 1: Hoop-wrapped
composite gas cylinders, First edition, May 2002; into Sec. 178.71.
(62) ISO 11119-1:2012(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction, and testing--Part 1: Hoop
wrapped fibre reinforced composite gas cylinders and tubes up to 450 L,
Second edition, 2012-08; into Sec. Sec. 178.71; 178.75.
(63) ISO 11119-1:2020(E), Gas cylinders--Design, construction and
testing of refillable composite gas cylinders and tubes Part 1: Hoop
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l,
Third edition, 2020-05; into Sec. Sec. 178.71; 178.75.
(64) ISO 11119-2(E), Gas cylinders--Gas cylinders of composite
construction--Specification and test methods--Part 2: Fully wrapped
fibre reinforced composite gas cylinders with load-sharing metal
liners, First edition, May 2002; into Sec. 178.71.
(65) ISO 11119-2:2012(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction, and testing--Part 2: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with load-sharing metal liners, Second edition, 2012-07; into
Sec. Sec. 178.71; 178.75.
(66) ISO 11119-2:2012/Amd.1:2014(E), Gas cylinders--Refillable
composite gas cylinders and tubes--Design, construction and testing--
Part 2: Fully wrapped fibre reinforced composite gas cylinders and
tubes up to 450 l with load-sharing metal liners, Amendment 1, 2014-08;
into Sec. Sec. 178.71; 178.75.
(67) ISO 11119-2:2020(E), Gas cylinders--Design, construction and
testing of refillable composite gas cylinders and tubes--Part 2: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with load-sharing metal liners, Third edition, 2020-11; into Sec. Sec.
178.71; 178.75.
(68) ISO 11119-3(E), Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced
composite gas cylinders with non-load-sharing metallic or non-metallic
liners, First edition, September 2002; into Sec. 178.71.
(69) ISO 11119-3:2013(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing--Part 3: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with non-load-sharing metallic or non-metallic liners, Second edition,
2013-04; into Sec. Sec. 178.71; 178.75.
(70) ISO 11119-3:2020(E), Gas cylinders--Design, construction and
testing of refillable composite gas cylinders and tubes--Part 3: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with non-load-sharing metallic or non-metallic liners or without
liners, Third edition, 2020-11; into Sec. Sec. 178.71; 178.75.
(71) ISO 11119-4:2016(E), Gas cylinders--Refillable composite gas
cylinders--Design, construction, and
[[Page 67744]]
testing--Part 4: Fully wrapped fibre reinforced composite gas cylinders
up to 150 l with load-sharing welded metallic liners, First edition,
2016-02; into Sec. Sec. 178.71; 178.75.
(72) ISO 11120(E), Gas cylinders--Refillable seamless steel tubes
for compressed gas transport, of water capacity between 150 l and 3000
l--Design, construction, and testing, First edition, 1999-03; into
Sec. Sec. 178.71; 178.75.
(73) ISO 11120:2015(E), Gas cylinders--Refillable seamless steel
tubes of water capacity between 150 l and 3000 l--Design, construction,
and testing, Second edition, 2015-02; into Sec. Sec. 178.71; 178.75.
(74) ISO 11513:2011(E), Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene)--Design, construction, testing, use and periodic
inspection, First edition, 2011-09; into Sec. Sec. 173.302c; 178.71;
180.207.
(75) ISO 11513:2019(E), Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene) --Design, construction, testing, use and periodic
inspection, Second edition, 2019-09; into Sec. Sec. 173.302c; 178.71;
180.207.
(76) ISO 11621(E), Gas cylinders--Procedures for change of gas
service, First edition, April 1997; into Sec. Sec. 173.302, 173.336,
173.337.
(77) ISO 11623(E), Transportable gas cylinders--Periodic inspection
and testing of composite gas cylinders, First edition, March 2002; into
Sec. 180.207.
(78) ISO 11623(E), Transportable gas cylinders--Periodic inspection
and testing of composite gas cylinders, Second edition, 2015-12; into
Sec. 180.207.
(79) ISO 11623(E), Gas cylinders--Composite cylinders and tubes--
Periodic inspection and testing, Third edition, 2023-07; into Sec.
180.207.
(80) ISO 13340:2001(E), Transportable gas cylinders--Cylinder
valves for non-refillable cylinders--Specification and prototype
testing, First edition, 2004-04; into Sec. 178.71.
(81) ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method, Second Edition, 2008-09; into Sec. 173.120.
(82) ISO 14246:2014(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examinations, Second Edition, 2014-06; into
Sec. 178.71.
(83) ISO 14246:2014/Amd 1:2017(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examinations--Amendment 1, Second edition,
2017-06; into Sec. 178.71.
(84) ISO 14246:2022(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examinations, Third edition, 2022-02; into
Sec. 178.71.
(85) ISO 15105-1:2007(E), Plastics--Film and sheeting--
Determination of gas-transmission rate Part 1: Differential-pressure
methods, Second edition, 2007-10, into Sec. 172.102.
(86) ISO 16111:2008(E), Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride, First Edition, 2008-11; into
Sec. Sec. 173.301b; 173.311; 178.71.
(87) ISO 16111:2018(E), Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride, Second edition, 2018-08; into
Sec. Sec. 173.301b; 173.311; 178.71.
(88) ISO 16148:2016(E), Gas cylinders--Refillable seamless steel
gas cylinders and tubes--Acoustic emission examination (AT) and follow-
up ultrasonic examination (UT) for periodic inspection and testing,
Second edition, 2016-04; into Sec. 180.207.
(89) ISO 16148:2016/Amd 1:2020(E), Gas cylinders--Refillable
seamless steel gas cylinders and tubes--Acoustic emission examination
(AT) and follow-up ultrasonic examination (UT) for periodic inspection
and testing--Amendment 1, Second Edition, 2020-06; into Sec. 180.207.
(90) ISO 17871:2015(E), Gas cylinders--Quick-release cylinder
valves--Specification and type testing, First edition, 2015-08; into
Sec. 173.301b.
(91) ISO 17871:2020(E), Gas cylinders--Quick-release cylinder
valves--Specification and type testing, Second edition, 2020-07; into
Sec. 173.301b.
(92) ISO 17879: 2017(E), Gas cylinders--Self-closing cylinder
valves--Specification and type testing, First edition, 2017-07; into
Sec. Sec. 173.301b; 178.71.
(93) ISO 18119:2018/Amd 1:2021/Amd 2: 2024, Gas cylinders--Seamless
steel and seamless aluminum-alloy gas cylinders and tubes--Periodic
inspection and testing, First Edition, 2018-05, Amendment 2, 2024-06;
into Sec. 180.207.
(94) ISO 18172-1:2007(E), Gas cylinders--Refillable welded
stainless steel cylinders--Part 1: Test pressure 6 MPa and below, First
Edition, 2007-03-01; into Sec. 178.71.
(95) ISO 20475:2018(E), Gas cylinders--Cylinder bundles--Periodic
inspection and testing, First edition, 2018-02; into Sec. 180.207.
(96) ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing, First Edition, 2006-
05; into Sec. 178.71.
(97) ISO 21172-1:2015(E), Gas cylinders--Welded steel pressure
drums up to 3,000 litres capacity for the transport of gases--Design
and construction--Part 1: Capacities up to 1000 litres, First edition,
2015-04, into Sec. 178.71.
(98) ISO 21172-1:2015/Amd 1:2018(E), Gas cylinders--Welded steel
pressure drums up to 3000 litres capacity for the transport of gases--
Design and construction--Part 1: Capacities up to 1000 litres--First
Edition, 2015-04, Amendment 1, 2018-11; into Sec. 178.71.
(99) ISO 22434:2006(E), Transportable gas cylinders--Inspection and
maintenance of cylinder valves, First edition, 2006-09; into Sec.
180.207.
(100) ISO 22434:2022(E), Gas cylinders--Inspection and maintenance
of valves, Second edition, 2022-03; into Sec. 180.207.
(101) ISO 23088:2020(E), Gas cylinders--Periodic inspection and
testing of welded steel pressure drums--Capacities up to 1000 l, First
edition, 2020-02; into Sec. 180.207.
(102) ISO 23826:2021(E), Gas cylinders--Ball valves--Specification
and testing, First edition, 2021-10, into Sec. Sec. 173.301b and
178.71.
(103) ISO/TR 11364:2012(E), Gas cylinders--Compilation of national
and international valve system/gas cylinder neck threads and their
identification and marking system, First edition, 2012-12; into Sec.
178.71.
* * * * *
(bb) * * *
(1) Transportation of Dangerous Goods Regulations (Transport Canada
TDG Regulations), SOR 2001-286, as last amended on October 25, 2024,
into Sec. Sec. 107.801; 107.805; 171.12; 171.22; 171.23; 172.401;
172.407; 172.502; 172.519; 172.602; 173.31; 173.32; 173.33; 173.301;
180.205; 180.211; 180.212; 180.413.
* * * * *
(dd) United Nations, Bookshop, GA-1B-103, New York, NY 10017, 1-
212-963-7680, <a href="https://shop.un.org">https://shop.un.org</a> or <a href="/cdn-cgi/l/email-protection#15777a7a7e667d7a6555607b3b7a6772"><span class="__cf_email__" data-cfemail="8ae8e5e5e1f9e2e5facaffe4a4e5f8ed">[email protected]</span></a>.
(1) UN Recommendations on the Transport of Dangerous Goods, Model
Regulations (UN Recommendations), 24th revised edition, Volumes I and
II, ST/SG/AC.10/1/Rev.24, (2024), into Sec. Sec. 171.8; 171.12;
172.202; 172.401; 172.407; 172.502; 172.519; 173.22; 173.24; 173.24b;
173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; 178.274 as
follows:
(i) Volume I, ST/SG/AC.10.1/21/Rev.24 (Vol. I).
(ii) Volume II, ST/SG/AC.10.1/21/Rev.24 (Vol. II).
(2) Manual of Tests and Criteria Eighth revised edition, Amendment
1
[[Page 67745]]
(2025), into Sec. Sec. 171.24, 172.102; 173.21; 173.56; 173.57;
173.58; 173.60; 173.115; 173.124; 173.125; 173.127; 173.128; 173.137;
173.169; 173.185; 173.220; 173.221; 173.224; 173.225; 173.232; Part
173, appendix H; 175.10; 176.905; 178.274.
(3) Globally Harmonized System of Classification and Labelling of
Chemicals (GHS), Eleventh revised edition, ST/SG/AC.10/30/Rev.11
(2025), into Sec. 172.401.
(4) ADR 2025--Agreement concerning the International Carriage of
Dangerous Goods by Road, copyright 2024; into Sec. Sec. 171.8; 171.23
as follows:
(i) Volume I, ECE/TRANS/352/Vol.1 (Vol. I).
(ii) Volume II, ECE/TRANS/352/Vol.2 (Vol. II).
(5) UN/SCETDG/55/INF.27, United Nations Recommendations on Test
Series 8: Applicability of Test Series 8(d), June 14, 2019; into Sec.
172.102(c)(1), Special Provision 148.
* * * * *
0
3. In Sec. 171.8, revise the definitions of ``Large packaging,''
``Large salvage packaging,'' and ``Single packaging'' to read as
follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Large packaging means a packaging that--
(1) Consists of an outer packaging that contains articles or inner
packagings;
(2) Is designated for mechanical handling;
(3) Exceeds a net mass of 400 kg (882 pounds) or a capacity of 450
liters (119 gallons);
(4) Has an internal volume of not more than 3 cubic meters (m\3\)
(106 cubic feet) (see Sec. 178.801(i) of this subchapter); and
(5) Conforms to the requirements for the construction, testing and
marking of Large Packagings as specified in subparts P and Q of Part
178 of this subchapter.
* * * * *
Large salvage packaging means a special packaging into which
damaged, defective, leaking, or non-conforming hazardous materials
packages, or hazardous materials that have spilled or leaked are placed
for the purpose of transport for recovery or disposal, that--
(1) Is designed for mechanical handling; and
(2) Exceeds a net mass of 400 kg (882 pounds) or a capacity of 450
L (119 gallons) but has an internal volume of not more than 3 cubic
meters (m\3\) (106 cubic feet).
* * * * *
Single packaging means a non-bulk packaging other than a
combination packaging (i.e., a packaging which does not require any
inner packaging to perform its containment function during transport).
* * * * *
0
4. In Sec. 171.25, revise paragraph (c)(5) to read as follows:
Sec. 171.25 Additional requirements for the use of the IMDG Code.
* * * * *
(c) * * *
(5) No person may offer a UN fiber-reinforced plastic portable tank
or service equipment meeting the provisions of Chapter 6.10 of the IMDG
Code (IBR, See Sec. 171.7), except for transportation falling within
the single port area criteria in paragraph (d) of this section.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EME
[…truncated; see source link]Indexed from Federal Register on October 27, 2026.
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.