Hazardous Materials: Harmonization With International Standards (RRR)

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 175, 176, 178, and 180

[Docket No. PHMSA-2015-0273 (HM-215N)]

RIN 2137-AF18

Hazardous Materials: Harmonization With International Standards (RRR)

AGENCY:

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

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

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

DATES:

Comments must be received by November 7, 2016.

ADDRESSES:

You may submit comments by any of the following methods:

Federal Rulemaking Portal:

http://www.regulations.gov

. Follow the on-line instructions for submitting comments.

Fax:

1-202-493-2251.

Mail:

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

Hand Delivery:

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

Instructions:

Include the agency name and docket number PHMSA-2015-0273 (HM-215N) or RIN 2137-AF18 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to

http://www.regulations.gov

including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard.

Privacy Act:

Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the

Federal Register

published on April 11, 2000 (65 FR 19477), or you may visit

http://www.regulations.gov

.

Docket:

You may view the public docket through the Internet at

http://www.regulations.gov

or in person at the Docket Operations office at the above address (See

ADDRESSES

).

FOR FURTHER INFORMATION CONTACT:

Steven Webb, Office of Hazardous Materials Standards or Aaron Wiener, International Standards, telephone (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary

II. Background

III. Incorporation by Reference Discussion Under 1 CFR Part 51

IV. Harmonization Proposals in This NPRM

V. Amendments Not Being Considered for Adoption in This NPRM

VI. Section-by-Section Review

VII. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

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

C. Executive Order 13132

D. Executive Order 13175

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

F. Paperwork Reduction Act

G. Regulation Identifier Number (RIN)

H. Unfunded Mandates Reform Act of 1995

I. Environment Assessment

J. Privacy Act

K. Executive Order 13609 and International Trade Analysis

L. National Technology Transfer and Advancement Act

List of Subjects

I. Executive Summary

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

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

•

Incorporation by Reference:

PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials standards, including the 2017-2018 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions); Amendment 38-16 to the International Maritime Dangerous Goods Code (IMDG Code); the 19th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations); the 6th Revised Edition of the United Nations Manual of Tests and Criteria; and the 6th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals. Additionally, we propose to update our incorporation by reference of the Canadian Transportation of Dangerous Goods (TDG) Regulations to include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-159 Erratum published July 16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306 Erratum published January 28, 2015; and SOR/2015-100 published May 20, 2015. Finally, in this NPRM, PHMSA proposes the adoption of updated International Organization for Standardization (ISO) standards.

•

Hazardous Materials Table (HMT):

PHMSA proposes amendments to the § 172.101 Hazardous Materials Table (HMT) consistent with recent changes in the Dangerous Goods List of the 19th Revised Edition of the UN Model Regulations, the IMDG Code, and the

ICAO Technical Instructions. Specifically, we propose amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits.

•

Provisions for Polymerizing Substances:

PHMSA proposes to revise the HMT consistent with amendments adopted into the UN Model Regulations. Specifically, we propose to include into the HMT four new Division 4.1 entries for polymerizing substances and to add into the HMR defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls.

•

Modification of the Marine Pollutant List:

PHMSA proposes to modify the list of marine pollutants in appendix B to § 172.101. The HMR maintain this list as the basis for regulating substances toxic to the aquatic environment and allow use of the criteria in the IMDG Code if a listed material does not meet the criteria for a marine pollutant. PHMSA periodically updates this list based on changes to the IMDG Code and evaluation of listed materials.

•

Packaging Requirements for Water-Reactive Materials Transported by Vessel:

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

•

Hazard Communication Requirements for Lithium Batteries:

PHMSA proposes to revise hazard communication requirements for shipments of lithium batteries consistent with changes adopted in the 19th Revised Edition of the UN Model Regulations. Specifically, PHMSA proposes to adopt a new lithium battery label in place of the existing Class 9 label; to amend the existing marking requirements for small lithium battery shipments in § 173.185(c) to incorporate a new standard lithium battery mark for use across all modes;

1

to delete the documentation requirement in § 173.185(c) for shipments of small lithium cells and batteries; and to require the lithium battery mark be applied to each package containing small lithium cells or batteries contained in equipment when there are more than four lithium cells or two lithium batteries installed in the equipment or where there are more than two packages in the consignment.

1

Small cells and batteries for the purposes of this rulemaking are a lithium metal cell containing not more than 1 gram of lithium metal, a lithium metal battery containing not more than 2 grams of lithium metal, a lithium ion cell not more than 20 Watt-hours (Wh), and a lithium ion battery not more than 100 Wh (49 CFR 173.185(c) and Section II of Packing Instructions 965 and 968 in the ICAO Technical Instructions).

•

Engine, Internal Combustion/Machinery, Internal Combustion:

PHMSA proposes to harmonize the HMT proper shipping names utilized for the transportation of engines and machinery containing engines with those in the UN Model Regulations. Additionally, PHMSA proposes harmonization with the IMDG Code for domestic vessel shipments of engines, internal combustion, and machinery containing combustion engines. Under the proposals in this NPRM, the existing “Engine, internal combustion” entries would be assigned their own UN numbers and hazard class based on the type of fuel (

e.g.

a flammable liquid powered engine is assigned a proper shipping name with a Class 3 designation). Existing requirements and exceptions for the transportation of engines and machinery containing engines transported by road, rail, and aircraft would remain unchanged. PHMSA is, however, proposing to harmonize the transportation requirements for transportation by vessel, which includes varying degrees of hazard communication based on the type of fuel, amount of fuel, and capacity of the fuel tank.

•

U.S.-Canada Regulatory Cooperation Council (RCC) Proposals:

PHMSA proposes several amendments to the HMR resulting from coordination with Canada under the U.S.-Canada RCC. Specifically, we propose provisions for recognition of Transport Canada (TC) cylinders, equivalency certificates (permit for equivalent level of safety), and inspection and repair of cargo tanks. These changes would be made in conjunction with Transport Canada proposing similar regulatory changes that will provide reciprocal recognition of DOT cylinders and DOT special permits.

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

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

i.e.,

greater flexibility with regard to a particular amendment) that might improve the rule.

II. Background

Federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials transportation law (49 U.S.C. 5101

et seq.,

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

In a final rule published December 21, 1990 (Docket HM-181; 55 FR 52402), PHMSA's predecessor—the Research and Special Programs Administration (RSPA)—comprehensively revised the HMR for international harmonization with the UN Model Regulations. The UN Model Regulations constitute a set of recommendations issued by the United Nations Sub-Committee of Experts (UNSCOE) on the Transport of Dangerous Goods (TDG) and the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The UN Model Regulations are amended and updated biennially by the UNSCOE and serve as

the basis for national, regional, and international modal regulations, including the IMDG Code and the ICAO Technical Instructions.

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

Harmonization becomes increasingly important as the volume of hazardous materials transported in international commerce grows. It not only facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials, but it also enhances safety when the international standards provide an appropriate level of protection. PHMSA actively participates in the development of international standards for the transportation of hazardous materials and promotes the adoption of standards consistent with the HMR. When considering the harmonization of the HMR with international standards, PHMSA reviews and evaluates each amendment on its own merit, on its overall impact on transportation safety, and on the economic implications associated with its adoption. Our goal is to harmonize with international standards without diminishing the level of safety currently provided by the HMR or imposing undue burdens on the regulated community.

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

2

2

Amendment 38-16 to the IMDG Code may be voluntarily applied on January 1, 2017; however, the previous amendment remains effective through December 31, 2017.

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

Possible Interim Final Rule

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

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

III. Incorporation by Reference Discussion Under 1 CFR Part 51

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

IV. Harmonization Proposals in This NPRM

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

•

Incorporation by Reference:

PHMSA proposes to incorporate by reference the latest editions of various international transport standards including the 2017-2018 Edition of the ICAO Technical Instructions; Amendment 38-16 of the IMDG Code; the 6th Revised Edition of the UN Manual of Tests and Criteria; the 6th Revised Edition of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals; and the 19th Revised Edition of the UN Model Regulations. Additionally, we are proposing to update our incorporation by reference of the Canadian TDG Regulations to include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-159 Erratum published July 16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306 Erratum published January 28, 2015; and SOR/2015-100 published May 20, 2015. This incorporation by reference augments the broad reciprocity provided in § 171.12 where the HMR allow the use of the TDG Regulations under certain conditions when transporting hazardous materials to or from Canada by highway or rail. Finally, PHMSA proposes the incorporation by reference of new and updated ISO standards.

•

Hazardous Materials Table (HMT):

PHMSA proposes amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, vessel stowage and segregation requirements, and passenger and cargo aircraft maximum quantity limits.

•

Packaging Requirements for Water-Reactive Materials Transported by

Vessel:

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

•

Hazard Communication Requirements for Lithium Batteries:

PHMSA proposes to revise hazard communication requirements for lithium batteries consistent with changes adopted in the 19th Revised Edition of the UN Model Regulations. Specifically, PHMSA proposes to adopt a new lithium battery label in place of the existing Class 9 label; to amend the existing marking requirements for small lithium battery shipments in § 173.185(c) to incorporate a new standard lithium battery mark for use across all modes; to remove the documentation requirement in § 173.185(c) for shipments of small lithium cells and batteries; and to amend the exception for small lithium cells and batteries requiring the lithium battery mark from the current applicability of “no more than four lithium cells or two lithium batteries installed in the equipment” to “no more than four lithium cells or two lithium batteries contained in equipment, where there are not more than two packages in the consignment.”

•

Engine, Internal Combustion/Machinery, Internal Combustion:

PHMSA proposes to harmonize the HMT entries for the transportation of engines and machinery containing engines with those in the UN Model Regulations. Additionally, PHMSA proposes harmonization with the IMDG Code for domestic vessel shipments of engines, internal combustion, and machinery containing combustion engines. Under the proposals in this NPRM, the existing “Engine, internal combustion” entries would be assigned their own UN numbers and hazard class based on the type of fuel (

e.g.,

a flammable liquid powered engine is assigned a proper shipping name with a Class 3 designation). Existing requirements and exceptions for the transportation of engines and machinery containing engines transported by road, rail, and aircraft would remain unchanged. PHMSA is, however, proposing to harmonize the transportation requirements for transportation by vessel, which includes varying degrees of hazard communication based on the type of fuel, amount of fuel, and capacity of the fuel tank.

•

U.S.-Canada Regulatory Cooperation Council (RCC) Proposals:

The Prime Minister of Canada and the President of the United States created the U.S.-Canada Regulatory Cooperation Council in 2011. Through this effort, the United States and Canada strive to strengthen regulatory cooperation and reciprocity to enhance economic competitiveness while maintaining high standards of health, safety, and environmental protection. DOT, together with Transport Canada, have collaborated to develop a regulatory partnership statement and work plan, both of which can be viewed at

http://trade.gov/rcc

. Stakeholder input (which can be viewed at

www.regulations.gov

under Docket No. PHMSA 2012-0058), as well as internal and mutual regulatory review, help determine work plan initiatives and areas where enhanced regulatory cooperation and reciprocity might be feasible and beneficial provided there is no compromise in safety. Three primary initiatives identified in the work plan are the recognition of inspection and repair of cargo tanks under the U.S. requirements for highway transport, the mutual recognition of standard pressure receptacles (cylinders), and mutual recognition of DOT special permits and Transport Canada equivalency certificates.

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

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

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

V. Amendments Not Being Considered for Adoption in This NPRM

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

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

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

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

•

Large Salvage Cylinders:

The 17th Revised Edition of the UN Model Regulations includes guidelines for Competent Authorities to use when issuing approvals for salvage pressure

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

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

•

Large Packagings for Waste Aerosols:

The 19th Revised Edition of the UN Model Regulations includes changes to the large packaging requirements for waste aerosols. The most notable change was to the packing group (PG) performance level required for large packagings transporting waste aerosols—from PG III to PG II. The HMR do not currently authorize the use of large packagings for aerosols. Therefore, PHMSA is not proposing changes to the current HMR requirements for large packagings for waste aerosols.

•

Table Tennis Balls:

The 19th Revised Edition of the UN Model Regulations includes a special provision assigned to “UN 2000, Celluloid” that excepts table tennis balls made of celluloid from the requirements of the Model Regulations if the total net mass of each table tennis ball does not exceed 3 grams and the net mass of table tennis balls does not exceed 500 grams per package. In a previously issued letter of interpretation (Ref. No. 14-0141), PHMSA stated that “it is the opinion of this office that the entry for UN 2000 Celluloid only applies when the material is in a pre-manufactured state

i.e.

blocks, rod, rolls, sheets, tubes etc.” We further stated: “Based on the information provided in your letter, including form and quantity of celluloid contained in the table tennis balls, it is our determination the table tennis balls are not in a quantity and form that pose an unreasonable risk to health, safety or property during transportation and, therefore, are not subject to regulation under the HMR.”

PHMSA maintains our position as stated in the letter of interpretation (Ref. No. 14-0141) that table tennis balls are not subject to the requirements of the HMR and that the “UN 2000, Celluloid” entry only applies when the material is in a pre-manufactured state (

i.e.

blocks rod, rolls, sheets, tubes, etc). Therefore, PHMSA is not proposing changes to the current HMR requirements to provide an exception for UN 2000.

•

IMO Portable Tank Marking:

Amendment 38-16 to the IMDG Code includes an amendment to require IMO portable tanks manufactured before January 1, 2003, to be marked with an indication of the portable tank instruction for which it meets the minimum test pressure, minimum shell thickness, pressure relief requirements, and bottom opening requirements (

i.e.,

the appropriate portable tank instruction). This change was made to clarify that the existing requirement for marking portable tanks with the portable tank instruction either on the tank itself or the tank data plate also applied to older IMO type portable tanks manufactured before January 1, 2003. PHMSA did not adopt the requirement for portable tanks to be marked with an indication of the portable tank instruction to which they comply when this requirement was first introduced. Therefore, PHMSA is not proposing changes to the current HMR requirements for IMO type portable tank markings. PHMSA notes, however, that portable tanks utilized in international transportation will need to be marked with an indication of an appropriate portable tank instruction.

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Classification Inconsistencies:

The 19th Revised Edition of the UN Model Regulations includes text to address situations in which a consignor who is aware, on the basis of test data, that a substance listed by name in column 2 of the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations meets classification criteria for a hazard class or division that is not identified in the list, may with the approval of the competent authority consign the substance:

—Under the same UN number and name but with additional hazard communication information as appropriate to reflect the additional subsidiary risk(s) (

e.g.,

documentation, label, placard) provided that the primary hazard class remains unchanged and that any other transport conditions (

e.g.,

limited quantity, packing and tank provisions) that would normally apply to substances possessing such a combination of hazards are the same as those applicable to the substance listed; or

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

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

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

•

Filling Procedures for UN Pressure Receptacles:

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

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

the five ISO standards applicable to filling conditions and inspections.

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Intentionally Infected Animals:

The 2017-2018 ICAO Technical Instructions adopted changes to the classification framework for infected live animals and animal materials. These changes are intended to support consistent classification for infected animals and animal materials. The issue was brought to the attention of the UN Sub-Committee at its 48th session, but they were not able to ascertain the impact of the changes made to the ICAO Technical Instructions or if further changes were necessary to the UN Model Regulations. The representative from ICAO who presented the paper noted they would come back with an additional paper and clarifications at the next session. As work at the UN Sub-Committee is still ongoing, PHMSA is not proposing changes to the current HMR requirements for the classification or transportation of infected live animals or animal materials at this time.

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Special Aircraft Operations:

The 2017-2018 ICAO Technical Instructions adopted changes to the general exceptions for hazardous materials carried by an aircraft in special aircraft operations (

e.g.,

air ambulance, search and rescue). These changes are to clarify that hazardous materials involved in these special aircraft operations for related purposes (

e.g.,

training flights and positioning flights prior to or after maintenance) are excepted from the ICAO Technical Instructions as stated in Part 1, Chapter 1. On June 2, 2016, PHMSA published a final rule [Docket No. PHMSA-2013-0225 (HM-218H); 81 FR 35483] that revised § 175.1(d) (formerly § 175.9(b)(4)) to clarify that staging operations and other operations related to dedicated air ambulance, firefighting, or search and rescue operations are intended to be excepted from the HMR when in compliance with the [Federal Aviation Regulations] (FAR).” Accordingly, PHMSA and the Federal Aviation Administration (FAA) believe that the current special aircraft operation's provisions in § 175.1(d) sufficiently provide the flexibility to allow for these types of flight activities (

e.g.,

training flights and positioning flights prior to or after maintenance). Therefore, PHMSA is not proposing changes to the current HMR requirements for special aircraft operations.

•

Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft:

The 2015-2016 Edition of the ICAO Technical Instructions adopted enhanced safety provisions for lithium batteries transported by aircraft, effective April 1, 2016. These amendments (1) prohibit the transport of lithium ion cells and batteries as cargo on passenger aircraft; (2) require all lithium ion cells and batteries to be shipped at not more than a 30 percent state of charge on cargo-only aircraft; and (3) limit the use of alternative provisions for small lithium cell or battery shipments under 49 CFR 173.185(c). PHMSA is considering adopting these amendments in a separate rulemaking. Further information is available in the docket for this rulemaking [PHMSA-2016-0014].

•

Sterilization Devices Containing Nitrogen Tetroxide or Nitric Oxide:

The 2017-2018 ICAO Technical Instructions adopted special provision A211 to allow for the transport of sterilization devices that contain small quantities of “UN 1067, Nitrogen dioxide” and “UN 1660, Nitric oxide, compressed” by both passenger and cargo aircraft. We are not proposing incorporation of ICAO special provision A211 at this time.

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

•

Cylinders Containing Gases for Use in Fire Extinguishers or Stationary Fire-Fighting Installations:

In some cases cylinders that are not a permanent component of a fire extinguisher or a stationary fire-fighting installation are transported separately from these fire extinguishers (

e.g.,

prior to their use in the fire extinguisher or stationary fire-fighting installation and for filling). At the 44th session of the UN Sub-Committee, it was agreed that when the cylinder containing the compressed gas is transported separately, it should be subject to the same requirements as conventional cylinders.

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

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

http://www.regulations.gov

.

VI. Section-By-Section Review

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

Part 107

Section 107.502

Section 107.502 provides general requirements for the registration of cargo tank and cargo tank motor vehicle manufacturers, assemblers, repairers, inspectors, testers, and design certifying engineers. In this NPRM, PHMSA proposes to revise paragraph (b) to provide an exception from the registration requirements for certain persons engaged in the repair, as defined in § 180.403, of DOT specification cargo tanks by facilities in Canada in accordance with the proposed § 180.413(a)(1)(iii) in this NPRM. Persons engaged in the repair of cargo tanks in Canada are required to register in accordance with the Transport Canada TDG Regulations as the Canadian registration requirements are substantially equivalent to those in part 107 subpart F of the HMR. The registration information is available on Transport Canada's Web site at

http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/highway/tanks.aspx

. The Transport Canada TDG Regulations except persons

repairing TC specification cargo tanks at facilities in the United States from registering in Canada if they are registered in accordance with part 107 subpart F.

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

Section 107.801

Section 107.801 prescribes approval procedures for persons seeking to engage in a variety of activities regulated by PHMSA (

i.e.,

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

Section 107.805

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

PHMSA also proposes to amend paragraph (f) to recognize facilities authorized by Transport Canada to requalify comparable DOT specification cylinders, as well as DOT RIN holders to requalify comparable Transport Canada cylinders subject to modification of their existing approval. PHMSA recognizes that Transport Canada's approval and registration requirements are substantially equivalent to the requirements in 49 CFR part 107 subpart I and provide an equivalent level of safety. In addition, traceability is maintained based on Transport Canada's publicly available Web site at

http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/cylinder/requalifier.aspx

, which allows tracing of a DOT specification cylinder marked with a Transport Canada assigned requalifier's registered mark back to the appropriate requalification facility.

3

3

The search function on Transport Canada's Web site allows users to search for the registered mark of requalifiers. Searching by the registered mark found on a cylinder will allow interested parties to verify that the cylinder was requalified by a facility certified by Transport Canada.

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

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

Part 171

Section 171.2

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

Section 171.7

Section 171.7 provides a listing of all voluntary consensus standards incorporated by reference into the HMR, as directed by the “National Technology Transfer and Advancement Act of 1996.” According to the Office of Management and Budget (OMB), Circular A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,” government agencies must use voluntary consensus standards wherever practical in the development of regulations. Agency adoption of industry standards promotes productivity and efficiency in government and industry, expands opportunities for international trade, conserves resources, improves health and safety, and protects the environment.

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

• Paragraph (t)(1), which incorporates the

International Civil Aviation Organization

Technical Instructions for the Safe Transport of Dangerous Goods by Air, 2015-2016 Edition, would be revised to incorporate the 2017-2018 Edition. The International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air contain detailed instructions necessary for the safe international transport of dangerous goods by air. The ICAO TI supports the broad principles by establishing requirements necessary to ensure hazardous materials are safely transported in aircraft while providing a level of safety that protects the aircraft and its occupants from undue risk.

• Paragraph (v)(2), which incorporates the

International Maritime Organization

International Maritime Dangerous Goods Code, 2014 Edition, Incorporating Amendment 37-14, English Edition, Volumes 1 and 2, would be revised to incorporate the 2016 Edition, Amendment 38-16. The International Maritime Organization International Maritime Dangerous Goods Code is intended to provide for the safe transportation of hazardous materials by vessel, protect crew members and to prevent marine pollution. The Code is based on the UN Model Regulations, but also includes additional requirements applicable to the transport of hazardous materials by sea (

e.g.,

requirements for marine pollutants; freight container loading procedures; stowage and segregation; and other requirements applicable to shipboard safety and preservation of the marine environment) that are not covered by the UN Model Regulations.

• Paragraph (w), which incorporates various

International Organization for Standardization

entries, would be revised to incorporate by reference standards for the specification, design, construction, testing, and use of gas cylinders:

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

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

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

—ISO 9809-4:2014 Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 4: Stainless steel cylinders with an Rm value of less than 1 100 MPa is proposed for incorporation in paragraph (w)(36). ISO 9809-4:2014 specifies the minimum requirements for the material, design, construction and workmanship, manufacturing processes, examinations, and tests at manufacture of refillable seamless stainless steel gas cylinders of water capacities from 0.5 L (.13 gallons) up to and including 150 L (39.62 gallons) for compressed, liquefied, and dissolved gases.

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

—ISO 10462:2013 Gas cylinders—Transportable cylinders for dissolved acetylene—Periodic inspection and maintenance is proposed for incorporation in paragraph (w)(44). ISO 10462:2013 specifies requirements for the periodic inspection of acetylene cylinders as required for the transport of dangerous goods and for maintenance in connection with periodic inspection. It applies to acetylene cylinders with and without solvent and with a maximum nominal water capacity of 150 L (39.62 gallons).

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

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

• Paragraph (bb)(1), which incorporates the

Transport Canada

Transportation of Dangerous Goods Regulations, would add subparagraphs (xiii), (xiv), (xv), (xvi), (xvii), (xviii), and (xix) to include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-159 Erratum published July

16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306 Erratum published January 28, 2015; and SOR/2015-100 published May 20, 2015, respectively. The Transport Canada Transportation of Dangerous Goods Regulations proposed for incorporation in this NPRM are updates to the existing Transportation of Dangerous Goods Regulations and cover all updates made by Transport Canada between January 2014-May 2015.

• Paragraph (dd)(1), which incorporates the

United Nations

Recommendations on the Transport of Dangerous Goods—Model Regulations, 18th Revised Edition (2013), Volumes I and II, would be revised to incorporate the 19th Revised Edition (2015), Volumes I and II. The United Nations Model Regulations on the Transport of Dangerous Goods provide a basis for development of harmonized regulations for all modes of transport, in order to facilitate trade and the safe, efficient transport of hazardous materials.

• Paragraph (dd)(2), which incorporates the

United Nations

Recommendations on the Transport of Dangerous Goods—Manual of Tests and Criteria, 5th Revised Edition (2009), would be revised to incorporate the 6th Revised Edition (2015). The Manual of Tests and Criteria contains criteria, test methods and procedures to be used for classification of dangerous goods according to the provisions of Parts 2 and 3 of the United Nations Recommendations on the Transport of Dangerous Goods, Model Regulations, as well as of chemicals presenting physical hazards according to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

• Paragraph (dd)(3) would be added to incorporate the

United Nations

Recommendations on the Transport of Dangerous Goods, Globally Harmonized System of Classification and Labelling of Chemicals (GHS), 6th Revised Edition (2015). Section 172.401 references the incorporation by reference of the GHS in § 171.7; however, this entry does not currently appear in § 171.7. The proposed addition of this paragraph would correct this oversight. The Globally Harmonized System of Classification and Labelling of Chemicals (GHS), addresses classification of chemicals by types of hazard and proposes harmonized hazard communication elements, including labels and safety data sheets. It aims at ensuring that information on physical hazards and toxicity from chemicals be available in order to enhance the protection of human health and the environment during the handling, transport and use of these chemicals. The GHS also provides a basis for harmonization of rules and regulations on chemicals at national, regional and worldwide level, an important factor also for trade facilitation.

Section 171.8

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

•

Design life:

PHMSA proposes to add the term “design life” to define the maximum life of composite cylinders and tubes. This term is specifically limited to references in the HMR related to composite cylinders and tubes.

•

SAPT:

PHMSA proposes to add the term “SAPT” and a reference to § 173.21(f). SAPT means self-accelerated polymerization temperature. See § 173.21(f) of this subchapter. This is consistent with the similar term SADT (self-accelerated decomposition temperature).

•

Service life:

PHMSA proposes to add the term “service life” to define the number of years a composite cylinder or tube is permitted to be in service. This term is specifically limited to references in the HMR related to composite cylinders and tubes.

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

•

Aerosol:

PHMSA proposes to revise the definition of “aerosol” to clarify that it is an article. Currently under the HMR, an aerosol is considered to be an article and therefore the use of inner packagings in a combination package in not necessary. However, practice has shown that an aerosol is often mistaken for the inner packaging of a combination packaging, including both the substance dispensed (liquid, paste, or powder) and the propellant gas itself.

•

Large salvage packaging:

PHMSA proposes to revise the definition of “large salvage packaging” to add a reference to non-conforming hazardous materials packages to be consistent with the wording in the definition of “salvage packaging.”

•

UN tube:

PHMSA proposes to revise the definition of “UN tube,” which describes it as a seamless pressure receptacle, to specify that the term includes composite cylinders.

Section 171.12

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

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

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

This proposal does not remove or amend existing requirements for DOT specification cylinders; rather, PHMSA proposes to provide that a shipper may use either a DOT specification cylinder or a TC cylinder as appropriate. The goal of these amendments is to promote

flexibility; to permit the use of advanced technology for the requalification and use of pressure receptacles; to provide for a broader selection of authorized pressure receptacles; to reduce the need for special permits; and to facilitate cross-border transportation of these cylinders.

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

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

Table 1

TC

DOT

(some or all of these may also be marked with a ICC prefix)

CTC

(some or all of these may also be marked with a BTC and a CRC prefix)

TC-3AM

DOT-3A [ICC-3]

CTC-3A

TC-3AAM

DOT-3AA

CTC-3AA

TC-3ANM

DOT-3BN

CTC-3BN

TC-3EM

DOT-3E

CTC-3E

TC-3HTM

DOT-3HT

CTC-3HT

TC-3ALM

DOT-3AL

CTC-3AL

—

DOT-3B

CTC-3B

TC-3AXM

DOT-3AX

CTC-3AX

TC-3AAXM

DOT-3AAX

CTC-3AAX

TC-3TM

DOT-3T

TC-4AAM33

DOT-4AA480

CTC-4AA480

TC-4BM

DOT-4B

CTC-4B

TC-4BM17ET

DOT-4B240ET

CTC-4B240ET

TC-4BAM

DOT-4BA

CTC-4BA

TC-4BWM

DOT-4BW

CTC-4BW

TC-4DM

DOT-4D

CTC-4D

TC-4DAM

DOT-4DA

CTC-4DA

TC-4DSM

DOT-4DS

CTC-4DS

TC-4EM

DOT-4E

CTC-4E

TC-39M

DOT-39

CTC-39

TC-4LM

DOT-4L

CTC-4L

DOT-8

CTC-8

DOT-8AL

CTC-8AL

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

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

Section 171.23

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

Part 172

Section 172.101

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

New HMT entries:

• UN 0510 Rocket Motors, Division 1.4C

This new HMT entry is the result of packaged products of low power “Rocket motors” that typically meet test criteria for assignment to Division 1.4, Compatibility Group C, but are assigned to 1.3C (

i.e.,

UN 0186) or the 1.4C n.o.s. classification (

i.e.,

UN 0351). This 1.4 rocket motor entry accurately reflects the product type and hazard of these articles and allows for the assignment of specific packaging instructions. With the addition of an internationally recognized proper shipping name and identification number, PHMSA is considering the removal of the existing HMT entry “NA 0276, Model rocket motor.” We specifically solicit comment on the potential impact of removing the existing “NA 0276” 1.4C HMT entry.

• UN 3527 Polyester resin kit,

solid base material

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

does not meet the definition of a flammable liquid but does meet the definition of a flammable solid.

• UN 3528 Engine, internal combustion, flammable liquid powered

or

Engine, fuel cell, flammable liquid powered

or

Machinery, internal combustion, flammable liquid powered

or

Machinery, fuel cell, flammable liquid powered

• UN 3529 Engine, internal combustion, flammable gas powered

or

Engine, fuel cell, flammable gas powered

or

Machinery, internal combustion, flammable gas powered

or

Machinery, fuel cell, flammable gas powered

• UN 3530 Engine, internal combustion

or

Machinery, internal combustion

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

or

Engines, fuel cell,

flammable gas powered

” and “UN 3166, Engines internal combustion,

or

Engines, fuel cell,

flammable liquid powered

” are removed.

• UN 3531 Polymerizing substance, solid, stabilized, n.o.s.

• UN 3532 Polymerizing substance, liquid, stabilized, n.o.s.

• UN 3533 Polymerizing substance, solid, temperature controlled, n.o.s.

• UN 3534 Polymerizing substance, liquid, temperature controlled, n.o.s.

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

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

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

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

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

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

• PHMSA proposes to amend the proper shipping name for “UN 3269, Polyester resin kit” by adding the italicized text “liquid base material.” This is consistent with the format of the new HMT entry for polyester resin kits with a solid base material.

• PHMSA proposes to amend the proper shipping names for “UN 3151, Polyhalogenated biphenyls, liquid

or

Polyhalogenated terphenyls, liquid” and “UN 3152, Polyhalogenated biphenyls, solid or Polyhalogenated terphenyls, solid” by adding “Halogenated monomethyldiphenylmethanes, liquid” and “Halogenated monomethyldiphenylmethanes, solid,” respectively. Noting that halogenated monomethyldiphenylmethanes have similar chemical and ecotoxicological properties as polychlorinated biphenyls (PCBs) and polychlorinated terphenyls (PCTs), we propose this revision to ensure that they are considered as PCBs or PCTs for the purposes of transport.

Amendments to column (3) hazard class or division:

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

PHMSA proposes to revise the hazard class of “UN 3507, Uranium hexafluoride, radioactive material, excepted package,

less than 0.1 kg per package, non-fissile or fissile-excepted,

” from Class 8 to Division 6.1 and subsequently to add the Class 8 hazard as a subsidiary hazard label code in column (6). This revision is based on the precedence provisions for classification of materials possessing more than one hazard and is consistent with the 19th Revised Edition of the UN Model Regulations. The presence of a Division 6.1 hazard was determined following a thorough review of literature and test data on uranium hexafluoride. A summary of the data and a proposal to revise the primary hazard class from Class 8 to Division 6.1 was provided in Working Paper ST/SG/AC.10/C.3/2014/60, which was submitted to the 45th session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods and is available at

http://www.unece.org/fileadmin/DAM/trans/doc/2013/dgac10c3/ST-SG-AC.10-C.3-2014-60e.pdf.

Amendments to column (6) label(s):

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

Data presented to the UNSCOE in this last biennium indicated a need for the addition of a subsidiary hazard of Division 6.1 to be assigned to “UN 2815, N-Aminoethylpiperazine,” “UN 2977, Radioactive material, uranium hexafluoride, fissile,” and “UN 2978, Radioactive material, uranium hexafluoride

non fissile or fissile-excepted.

” PHMSA proposes to make appropriate amendments to the HMT to account for these revisions to the UN Model Regulations.

For the HMT entry, “UN 3507, Uranium hexafluoride, radioactive material, excepted package,

less than 0.1 kg per package, non-fissile or fissile-excepted,

” PHMSA proposes to revise the labels for consistency with the change made to the classification of this material under amendments to column (3) (see above). The Class 8 (Corrosive) primary hazard label would be revised to a Division 6.1 primary hazard label and Class 8 subsidiary hazard label in

addition to the existing Class 7 (Radioactive) subsidiary hazard label to read “6.1, 7, 8.”

Amendments to column (7) special provisions:

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

• In this NPRM, new special provision 157 is proposed to be assigned to the HMT entry “UN 3527, Polyester resin kit,

solid base material.

”

• In this NPRM, new special provision 379 is proposed to be assigned to the HMT entries “UN1005, Ammonia, anhydrous” and “UN 3516, Adsorbed gas, toxic, corrosive, n.o.s.”

• In the 19th Revised Edition of the UN Model Regulations, new special provision 386 was assigned to the four new “n.o.s.” HMT entries for polymerizing substances and to the 52 named substances in the HMT that polymerize, all of which contain the text “stabilized” as part of the proper shipping name, except for “UN 2383, Dipropylamine” (see Table 2 below). This new special provision includes transport controls to avoid dangerous polymerization reactions including the use of chemical stabilization or temperature control.

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

Table 2

Proper shipping name

UN No.

Acrolein dimer, stabilized

UN2607

Acrolein, stabilized

UN1092

Acrylic acid, stabilized

UN2218

Acrylonitrile, stabilized

UN1093

Allyl isothiocyanate, stabilized

UN1545

Allyltrichlorosilane, stabilized

UN1724

Bicyclo [2,2,1] hepta-2,5-diene, stabilized

or

2,5-Norbornadiene, stabilized

UN2251

Butadienes, stabilized

or

Butadienes and Hydrocarbon mixture, stabilized

containing more than 40% butadienes

UN1010

Butyl acrylates, stabilized

UN2348

n-Butyl methacrylate, stabilized

UN2227

Butyl vinyl ether, stabilized

UN2352

1,2-Butylene oxide, stabilized

UN3022

Chloroprene, stabilized

UN1991

Crotonaldehyde

or

Crotonaldehyde, stabilized

UN1143

Cyanogen chloride, stabilized

UN1589

Diketene, stabilized

UN2521

Dipropylamine

UN2383

Divinyl ether, stabilized

UN1167

Ethyl acrylate, stabilized

UN1917

Ethyl methacrylate, stabilized

UN2277

Ethylacetylene, stabilized

UN2452

Ethyleneimine, stabilized

UN1185

Hydrogen cyanide, stabilized

with less than 3 percent water

UN1051

Hydrogen cyanide, stabilized,

with less than 3 percent water and absorbed in a porous inert material

UN1614

Isobutyl acrylate, stabilized

UN2527

Isobutyl methacrylate, stabilized

UN2283

Isoprene, stabilized

UN1218

Methacrylaldehyde, stabilized

UN2396

Methacrylic acid, stabilized

UN2531

Methacrylonitrile, stabilized

UN3079

Methyl acetylene and propadiene mixtures, stabilized

UN1060

Methyl acrylate, stabilized

UN1919

Methyl isopropenyl ketone, stabilized

UN1246

Methyl methacrylate monomer, stabilized

UN1247

Methyl vinyl ketone, stabilized

UN1251

Propadiene, stabilized

UN2200

Propyleneimine, stabilized

UN1921

Styrene monomer, stabilized

UN2055

Sulfur trioxide, stabilized

UN1829

Tetrafluoroethylene, stabilized

UN1081

Trifluorochloroethylene, stabilized

or

Refrigerant gas R 1113

UN1082

Vinyl acetate, stabilized

UN1301

Vinyl bromide, stabilized

UN1085

Vinyl butyrate, stabilized

UN2838

Vinyl chloride, stabilized

UN1086

Vinyl ethyl ether, stabilized

UN1302

Vinyl fluoride, stabilized

UN1860

Vinyl isobutyl ether, stabilized

UN1304

Vinyl methyl ether, stabilized

UN1087

Vinylidene chloride, stabilized

UN1303

Vinylpyridines, stabilized

UN3073

Vinyltoluenes, stabilized

UN2618

• In this NPRM, new special provision 422 is proposed to be assigned to the HMT entries “UN 3480, Lithium ion batteries

including lithium ion polymer batteries”;

“UN 3481, Lithium ion batteries contained in equipment

including lithium ion polymer batteries”;

“UN 3481 Lithium ion batteries packed with equipment

including lithium ion polymer batteries”;

“UN 3090, Lithium metal batteries

including lithium alloy batteries”;

“ UN 3091, Lithium metal batteries contained in equipment

including lithium alloy batteries”;

and “UN3091, Lithium metal batteries packed with equipment

including lithium alloy batteries.”

• In this NPRM, special provision 134 is proposed to be removed from the HMT entry “UN 3072, Life-saving appliances, not self-inflating

containing dangerous goods as equipment”

and replaced with new special provision 182. On January 8, 2015, PHMSA published a final rule [Docket No. PHMSA-2013-0260 (HM-215M); 80 FR 1075] that added special provision 134 to “UN 3072.” The intent of this action was to harmonize with special provision A182 of the ICAO Technical Instructions to clarify that equipment containing only lithium batteries must be classified as either lithium batteries contained in or packed with equipment “UN 3091” or “UN 3481.” In reviewing the assignment of special provision 134 to “UN 3072” to make this clarification, PHMSA found that the provisions of special provision 134 are not assigned to “UN 3072” in any international standard, but rather to the entry for “UN 3171, Battery-powered vehicle

or

Battery-powered equipment.” Although special provision 134 does require that equipment powered only by lithium metal batteries or lithium ion batteries must be consigned under the entries associated with lithium batteries contained in or packed with equipment, the rest of special provision 134 is not applicable to “Life-saving appliances, not self-inflating

containing dangerous goods as equipment.”

As a result, PHMSA proposes a new special provision 182 applicable only to the HMT entry for “UN 3072, Life-saving appliances, not self-inflating

containing dangerous goods as equipment”

to clarify that equipment containing only lithium batteries must be classified as either lithium batteries contained in or packed with equipment “UN 3091” or “UN 3481,” as appropriate.

• In this NPRM, new special provision A210 is proposed to be assigned to the new HMT italicized entries for “Catecholborane” and “1, 3, 2-Benzodioxaborole.”

• In this NPRM, new special provision A212 is proposed to be assigned to the HMT entry “UN 2031, Nitric acid

other than red fuming, with more than 20 percent and less than 65 percent nitric acid.

”

• In this NPRM, new special provision B134 is proposed to be assigned to the PG III entries in Table 4 to be consistent with revisions to the IMDG Code.

Table 4

Proper shipping name

UN No.

Aluminum powder, coated

UN1309

Ferrous metal borings

or

Ferrous metal shavings

or

Ferrous metal turnings

or

Ferrous metal cuttings

in a form liable to self-heating

UN2793

Iron oxide, spent,

or

Iron sponge, spent

obtained from coal gas purification

UN1376

Magnesium

or

Magnesium alloys

with more than 50 percent magnesium in pellets, turnings or ribbons

UN1869

Peroxides, inorganic, n.o.s

UN1483

Titanium sponge granules

or

Titanium sponge powders

UN2878

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

Table 5

Proper shipping name

UN No.

Hafnium powder, dry

UN2545

Metal catalyst, dry

UN2881

Metal powder, self-heating, n.o.s

UN3189

Titanium powder, dry

UN2546

Zirconium powder, dry

UN2008

Zirconium scrap

UN1932

• In this NPRM, special provision TP1 is changed to TP2 for the following entries: “UN 2672, Ammonia solution,

relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia”;

“UN 2709, Butyl benzenes”; “UN 2241, Cycloheptane”; “UN 1206, Heptanes”; “UN 1208, Hexanes”; “UN 2294, N-Methylaniline”; “UN 2296, Methylcyclohexane”; “UN 1920, Nonanes”; “UN 1262, Octanes”; “UN 2368, alpha-Pinene”; “UN 1272, Pine oil”; “UN 2850, Propylene tetramer”; “UN 2325, 1,3,5-Trimethylbenzene”; “UN 2057, Tripropylene”; “UN 1299, Turpentine”; and “UN 1840, Zinc chloride, solution.” Tank provision TP2 authorizes a slightly lower degree of filling than TP1. The IMDG Code follows a guiding principle that assigns TP2 to materials that are marine pollutants. In a previous harmonization rulemaking (HM-215M; 80 FR 1075), PHMSA added various hazardous materials to the list of marine pollutants in appendix B to § 172.101, but both the HMT and IMDG Code failed to change the TP code from TP1 to TP2 to authorize a lower degree of filling.

• In this NPRM, special provisions T9, TP7, and TP33 are proposed to be assigned to the HMT entry “UN 1415, Lithium.” This permits UN 1415 for transportation in UN portable tanks consistent with similar Division 4.3, PG I materials.

• In this NPRM, new special provisions W31, W32, W40, and W100 are proposed to certain water-reactive substances. The proposed special provisions correspond with special packaging provisions PP31, PP31 “modified” (Packing Instruction P403), PP40, and PP100 of the IMDG Code, respectively. Table 6 contains the proposed changes listed in alphabetical order and showing the proper shipping name, UN identification number, and the proposed special provision(s).

Table 6

Proper shipping name

UN No.

Proposed

addition(s)

Alkali metal alcoholates, self-heating, corrosive, n.o.s

UN3206

W31

Alkali metal alloys, liquid, n.o.s

UN1421

W31

Alkali metal amalgam, liquid

UN1389

W31

Alkali metal amalgam, solid

UN3401

W32

Alkali metal amides

UN1390

W31, W40

Alkali metal dispersions, flammable

or

Alkaline earth metal dispersions, flammable

UN3482

W31

Alkali metal dispersions,

or

Alkaline earth metal dispersions

UN1391

W31

Alkaline earth metal alcoholates, n.o.s

UN3205

W31

Alkaline earth metal alloys, n.o.s

UN1393

W31, W40

Alkaline earth metal amalgams, liquid

UN1392

W31

Alkaline earth metal amalgams, solid

UN3402

W32

Aluminum carbide

UN1394

W31, W40

Aluminum ferrosilicon powder (PG II)

UN1395

W31, W40

Aluminum hydride

UN2463

W32

Aluminum phosphide

UN1397

W32

Aluminum phosphide pesticides

UN3048

W31

Aluminum powder, coated

UN1309

W100

Aluminum powder, uncoated

UN1396

W31, W40

Aluminum silicon powder, uncoated

UN1398

W31, W40

Aluminum smelting by-products

or

Aluminum remelting by-products (PG II)

UN3170

W31, W40

Aluminum smelting by-products

or

Aluminum remelting by-products (PG III)

UN3170

W31

2-Amino-4,6-Dinitrophenol, wetted

with not less than 20 percent water by mass

UN3317

W31

Ammonium picrate, wetted

with not less than 10 percent water, by mass

UN1310

W31

Arsenic acid, liquid

UN1533

W31

Barium

UN1400

W31, W40

Barium alloys, pyrophoric

UN1854

W31

Barium azide, wetted

with not less than 50 percent water, by mass

UN1571

W31

Barium cyanide

UN1565

W31

Barium peroxide

UN1449

W100

Beryllium, powder

UN1567

W100

Boron trifluoride diethyl etherate

UN2604

W31

Boron trifluoride dimethyl etherate

UN2965

W31

Bromobenzyl cyanides, liquid

UN1694

W31

Bromobenzyl cyanides, solid

UN3449

W31

Calcium

UN1401

W31, W40

Calcium carbide (PG I)

UN1402

W32

Calcium carbide (PG II)

UN1402

W31, W40

Calcium cyanamide

with more than 0.1 percent of calcium carbide

UN1403

W31, W40

Calcium cyanide

UN1575

W31

Calcium dithionite

or

Calcium hydrosulfite

UN1923

W31

Calcium hydride

UN1404

W32

Calcium manganese silicon

UN2844

W31

Calcium peroxide

UN1457

W100

Calcium phosphide

UN1360

W32

Calcium, pyrophoric

or

Calcium alloys, pyrophoric

UN1855

W31

Calcium silicide (PG II)

UN1405

W31

Calcium silicide (PG III)

UN1405

W31, W40

Carbon, activated

UN1362

W31

Carbon disulfide

UN1131

W31

Cerium,

slabs, ingots, or rods

UN1333

W100

Cerium,

turnings or gritty powder

UN3078

W31, W40

Cesium

or

Caesium

UN1407

W32

Chloric acid aqueous solution,

with not more than 10 percent chloric acid

UN2626

W31

Chlorosilanes, water-reactive, flammable, corrosive, n.o.s

UN2988

W31

Chromium trioxide, anhydrous

UN1463

W31

Corrosive solids, water-reactive, n.o.s (PG II)

UN3096

W100

Cyanogen bromide

UN1889

W31

Decaborane

UN1868

W31

Dinitrophenol, wetted

with not less than 15 percent water, by mass

UN1320

W31

Dinitrophenolates, wetted

with not less than 15 percent water, by mass

UN1321

W31

Dinitroresorcinol, wetted

with not less than 15 percent water, by mass

UN1322

W31

Diphenylamine chloroarsine

UN1698

W31

Diphenylchloroarsine, liquid

UN1699

W31

Diphenylchloroarsine, solid

UN3450

W31

Dipicryl sulfide, wetted

with not less than 10 percent water, by mass

UN2852

W31

Ethyldichlorosilane

UN1183

W31

Ferrocerium

UN1323

W100

Ferrosilicon

with 30 percent or more but less than 90 percent silicon

UN1408

W100

Ferrous metal borings

or

Ferrous metal shavings

or

Ferrous metal turnings

or

Ferrous metal cuttings

in a form liable to self-heating

UN2793

W100

Fibers

or

Fabrics, animal

or

vegetable

or

Synthetic, n.o.s.

with animal or vegetable oil

UN1373

W31

Fish meal, unstabilized

or

Fish scrap, unstabilized

UN1374

W31, W40

Hafnium powder, dry

UN2545

W31

Hafnium powder, wetted

with not less than 25 percent water (a visible excess of water must be present) (a) mechanically produced, particle size less than 53 microns; (b) chemically produced, particle size less than 840 microns

UN1326

W31, W40

Iron oxide, spent,

or

Iron sponge, spent

obtained from coal gas purification

UN1376

W100

Isocyanates, flammable, toxic, n.o.s.

or

Isocyanate solutions, flammable, toxic, n.o.s.

flash point less than 23 degrees C

UN2478

W31

Lithium

UN1415

W32

Lithium aluminum hydride

UN1410

W32

Lithium borohydride

UN1413

W32

Lithium ferrosilicon

UN2830

W31, W40

Lithium hydride

UN1414

W32

Lithium hydride, fused solid

UN2805

W31, W40

Lithium nitride

UN2806

W32

Lithium peroxide

UN1472

W100

Lithium silicon

UN1417

W31, W40

Magnesium aluminum phosphide

UN1419

W32

Magnesium diamide

UN2004

W31

Magnesium granules, coated,

particle size not less than 149 microns

UN2950

W100

Magnesium hydride

UN2010

W32

Magnesium

or

Magnesium alloys

with more than 50 percent magnesium in pellets, turnings or ribbons

UN1869

W100

Magnesium peroxide

UN1476

W100

Magnesium phosphide

UN2011

W32

Magnesium, powder

or

Magnesium alloys, powder (PG I)

UN1418

W32

Magnesium, powder

or

Magnesium alloys, powder (PG II)

UN1418

W31, W40

Magnesium, powder

or

Magnesium alloys, powder (PG III)

UN1418

W31

Magnesium silicide

UN2624

W31, W40

Maneb

or

Maneb preparations

with not less than 60 percent maneb

UN2210

W100

Maneb stabilized

or

Maneb preparations, stabilized

against self-heating

UN2968

W100

Mercuric potassium cyanide

UN1626

W31

Metal catalyst, dry

UN2881

W31

Metal catalyst, wetted

with a visible excess of liquid

UN1378

W31, W40

Metal hydrides, flammable, n.o.s. (PG II)

UN3182

W31, W40

Metal hydrides, flammable, n.o.s. (PG III)

UN3182

W31

Metal hydrides, water reactive, n.o.s (PG I)

UN1409

W32

Metal hydrides, water reactive, n.o.s (PG II)

UN1409

W31, W40

Metal powder, self-heating, n.o.s

UN3189

W31

Metal powders, flammable, n.o.s

UN3089

W100

Metal salts of organic compounds, flammable, n.o.s

UN3181

W31

Metallic substance, water-reactive, n.o.s (PG I)

UN3208

W32

Metallic substance, water-reactive, n.o.s (PG II)

W31

Metallic substance, water-reactive, n.o.s (PG III)

UN3208

W31, W40

Metallic substance, water-reactive, self-heating, n.o.s (PG I and III)

UN3209

W32

Metallic substance, water-reactive, self-heating, n.o.s (PG II)

UN3209

W32, W40

Methyldichlorosilane

UN1242

W31

Nitrocellulose,

with not more than 12.6 percent nitrogen, by dry mass

mixture with

or

without plasticizer, with

or

without pigment

UN2557

W31

Nitrocellulose with alcohol

with not less than 25 percent alcohol by mass, and with not more than 12.6 percent nitrogen, by dry mass

UN2556

W31

Nitrocellulose with water

with not less than 25 percent water by mass

UN2555

W31

Nitroguanidine, wetted

or

Picrite, wetted

with not less than 20 percent water, by mass

UN1336

W31

4-Nitrophenylhydrazine,

with not less than 30 percent water, by mass

UN3376

W31

Nitrostarch, wetted

with not less than 20 percent water, by mass

UN1337

W31

Organometallic substance, liquid, water-reactive

UN3398

W31

Organometallic substance, liquid, water-reactive, flammable

UN3399

W31

Organometallic substance, solid, water-reactive

UN3395

W31

Organometallic substance, solid, water-reactive, flammable

UN3396

W31

Organometallic substance, solid, water-reactive, self-heating

UN3397

W31

Osmium tetroxide

UN2471

W31

Paper, unsaturated oil treated

incompletely dried (including carbon paper)

UN1379

W31

Peroxides, inorganic, n.o.s

UN1483

W100

9-Phosphabicyclononanes

or

Cyclooctadiene phosphines

UN2940

W31

Phosphorus heptasulfide,

free from yellow or white phosphorus

UN1339

W31

Phosphorus pentasulfide,

free from yellow or white phosphorus

UN1340

W31, W40

Phosphorus sesquisulfide,

free from yellow or white phosphorus

UN1341

W31

Phosphorus trisulfide,

free from yellow or white phosphorus

UN1343

W31

Phosphorus, white dry

or

Phosphorus, white, under water

or

Phosphorus white, in solution

or

Phosphorus, yellow dry

or

Phosphorus, yellow, under water

or

Phosphorus, yellow, in solution

UN1381

W31

Potassium

UN2257

W32

Potassium borohydride

UN1870

W32

Potassium cyanide, solid

UN1680

W31

Potassium cyanide solution

UN3413

W31

Potassium dithionite

or

Potassium hydrosulfite

UN1929

W31

Potassium, metal alloys, liquid

UN1420

W31

Potassium, metal alloys, solid

UN3403

W32

Potassium phosphide

UN2012

W32

Potassium sodium alloys, liquid

UN1422

W31

Potassium sodium alloys, solid

UN3404

W32

Potassium sulfide, anhydrous

or

Potassium sulfide

with less than 30 percent water of crystallization

UN1382

W31, W40

Pyrophoric liquids, organic, n.o.s

UN2845

W31

Pyrophoric metals, n.o.s.,

or

Pyrophoric alloys, n.o.s

UN1383

W31

Pyrophoric solid, inorganic, n.o.s

UN3200

W31

Pyrophoric solids, organic, n.o.s

UN2846

W31

Rubidium

UN1423

W32

Self-heating liquid, corrosive, inorganic, n.o.s

UN3188

W31

Self-heating liquid, corrosive, organic, n.o.s

UN3185

W31

Self-heating liquid, inorganic, n.o.s

UN3186

W31

Self-heating liquid, organic, n.o.s

UN3183

W31

Self-heating liquid, toxic, inorganic, n.o.s

UN3187

W31

Self-heating liquid, toxic, organic, n.o.s

UN3184

W31

Self-heating solid, inorganic, n.o.s

UN3190

W31

Self-heating solid, organic, n.o.s

UN3088

W31

Silver picrate, wetted

with not less than 30 percent water, by mass

UN1347

W31

Sodium

UN1428

W32

Sodium aluminum hydride

UN2835

W31, W40

Sodium borohydride

UN1426

W32

Sodium cyanide, solid

UN1689

W31

Sodium cyanide solution

UN3414

W31

Sodium dinitro-o-cresolate, wetted

with not less than 10% water, by mass

UN3369

W31

Sodium dinitro-o-cresolate, wetted

with not less than 15 percent water, by mass

UN1348

W31

Sodium dithionite

or

Sodium hydrosulfite

UN1384

W31

Sodium hydride

UN1427

W32

Sodium hydrosulfide,

with less than 25 percent water of crystallization

UN2318

W31

Sodium methylate

UN1431

W31

Sodium phosphide

UN1432

W32

Sodium picramate,

wetted with not less than 20 percent water, by mass

UN1349

W31

Sodium sulfide, anhydrous

or

Sodium sulfide

with less than 30 percent water of crystallization

UN1385

W31, W40

Stannic phosphide

UN1433

W32

Strontium peroxide

UN1509

W100

Strontium phosphide

UN2013

W32

Tear gas substances, liquid, n.o.s

UN1693

W31

Tear gas substance, solid, n.o.s

UN3448

W31

4-Thiapentanal

UN2785

W31

Thiourea dioxide

UN3341

W31

Titanium disulphide

UN3174

W31

Titanium hydride

UN1871

W31, W40

Titanium powder, dry

UN2546

W31

Titanium powder, wetted

with not less than 25 percent water (a visible excess of water must be present) (a) mechanically produced, particle size less than 53 microns; (b) chemically produced, particle size less than 840 microns

UN1352

W31, W40

Titanium sponge granules

or

Titanium sponge powders

UN2878

W100

Titanium trichloride, pyrophoric

or

Titanium trichloride mixtures, pyrophoric

UN2441

W31

Toxic solids, water-reactive, n.o.s

UN3125

W100

Trichlorosilane

UN1295

W31

Trinitrobenzene, wetted,

with not less than 10% water, by mass

UN3367

W31

Trinitrobenzene, wetted

with not less than 30 percent water, by mass

UN1354

W31

Trinitrobenzoic acid, wetted

with not less than 10% water by mass

UN3368

W31

Trinitrobenzoic acid, wetted

with not less than 30 percent water, by mass

UN1355

W31

Trinitrochlorobenzene (picryl chloride), wetted,

with not less than 10% water by mass

UN3365

W31

Trinitrophenol (picric acid), wetted,

with not less than 10 percent water by mass

UN3364

W31

Trinitrophenol, wetted

with not less than 30 percent water, by mass

UN1344

W31

Trinitrotoluene (TNT), wetted,

with not less than 10 percent water by mass

UN3366

W31

Trinitrotoluene, wetted

or

TNT, wetted,

with not less than 30 percent water by mass

UN1356

W31

Urea nitrate, wetted,

with not less than 10 percent water by mass

UN3370

W31

Urea nitrate, wetted

with not less than 20 percent water, by mass

UN1357

W31

Water-reactive liquid, n.o.s

UN3148

W31

Water-reactive solid, corrosive, n.o.s (PG I and III)

UN3131

W31

Water-reactive solid, corrosive, n.o.s (PG II)

UN3131

W31, W40

Water-reactive solid, flammable, n.o.s (PG I and III)

UN3132

W31

Water-reactive solid, flammable, n.o.s (PG III)

UN3132

W31, W40

Water-reactive solid, n.o.s (PG I)

UN2813

W32

Water-reactive solid, n.o.s (PG II)

UN2813

W31, W40

Water-reactive solid, n.o.s (PG III)

UN2813

W31

Water-reactive solid, self-heating, n.o.s (PG I and III)

UN3135

W31

Water-reactive solid, self-heating, n.o.s (PG I)

UN3135

W31, W40

Water-reactive solid, toxic, n.o.s (PG I and III)

UN3134

W31

Water-reactive solid, toxic, n.o.s (PG II)

UN3134

W31, W40

Xanthates

UN3342

W31

Xylyl bromide, liquid

UN1701

W31

Zinc ashes

UN1435

W100

Zinc peroxide

UN1516

W100

Zinc phosphide

UN1714

W32

Zinc powder

or

Zinc dust (PG I and III)

UN1436

W31

Zinc powder

or

Zinc dust (PG II)

UN1436

W31, W40

Zirconium hydride

UN1437

W31, W40

Zirconium, dry,

coiled wire, finished metal sheets, strip (thinner than 254 microns but not thinner than 18 microns)

UN2858

W100

Zirconium, dry,

finished sheets, strip or coiled wire

UN2009

W31

Zirconium picramate, wetted

with not less than 20 percent water, by mass

UN1517

W31

Zirconium powder, dry

UN2008

W31

Zirconium powder, wetted

with not less than 25 percent water (a visible excess of water must be present) (a) mechanically produced, particle size less than 53 microns; (b) chemically produced, particle size less than 840 microns

UN1358

W31, W40

Zirconium scrap

UN1932

W31

Amendments to column (9) quantity limitations:

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

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

Amendments to column (10) vessel stowage requirements:

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

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

Table 7

Proper shipping name

UN No.

Current

vessel

stowage code

Proposed

vessel

stowage code

Acrolein dimer, stabilized

2607

A

C

Acrylonitrile, stabilized

1093

E

D

N-Aminoethylpiperazine

2815

A

B

Butyl acrylates, stabilized

2348

A

C

n-Butyl methacrylate, stabilized

2227

A

C

Butyl vinyl ether, stabilized

2352

B

C

1,2-Butylene oxide, stabilized

3022

B

C

Ethyl acrylate, stabilized

1917

B

C

Ethyl methacrylate, stabilized

2277

B

C

Isobutyl acrylate, stabilized

2527

A

C

Isobutyl methacrylate, stabilized

2283

A

C

Isoprene, stabilized

1218

E

D

Methacrylaldehyde, stabilized

2396

E

D

Methyl acrylate, stabilized

1919

B

C

Methyl isopropenyl ketone, stabilized

1246

B

C

Methyl methacrylate monomer, stabilized

1247

B

C

Potassium superoxide

2466

E

D

Propyleneimine, stabilized

1921

B

D

Radioactive material, uranium hexafluoride

non fissile or fissile-excepted

2978

A

B

Radioactive material, uranium hexafluoride, fissile

2977

A

B

Styrene monomer, stabilized

2055

A

C

Vinyl acetate, stabilized

1301

B

C

Vinyl butyrate, stabilized

2838

B

C

Vinyl isobutyl ether, stabilized

1304

B

C

Vinylidene chloride, stabilized

1303

E

D

Vinyltoluenes, stabilized

2618

A

C

With the addition of a Division 6.1 subsidiary hazard to “UN 2815, N-Aminoethylpiperazine,” “UN 2977, Radioactive material, uranium hexafluoride, fissile,” and “UN 2978, Radioactive material, uranium hexafluoride

non fissile or fissile-excepted,

” PHMSA proposes that code “40,” which indicates that the material must be stowed clear of living quarters, be added to column (10B) for these entries to remain consistent with the IMDG Code.

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

Code “28” requires materials to which this code is assigned to be stowed away from flammable liquids. In this NPRM, consistent with changes to the IMDG Code, PHMSA proposes to remove code “28” from column (10B) for the following HMT entries: “UN 2965, Boron trifluoride dimethyl etherate”; “UN 2988, Chlorosilanes, water-reactive, flammable, corrosive, n.o.s”; “UN 1183, Ethyldichlorosilane”; “UN 1242, Methyldichlorosilane”; “UN 3490, Toxic by inhalation liquid, water-reactive, flammable, n.o.s.

with an LC50 lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50

”; and “UN 1295, Trichlorosilane.”

Appendix B to § 172.101:

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

Section 172.102 special provisions:

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

•

Special Provision 40:

Special provision 40 prescribes the criteria for classification of a “Polyester resin kit.” PHMSA proposes to revise special provision 40 by authorizing a polyester resin kit to contain a Division 4.1 base material consistent with the new HMT entry “UN 3527, Polyester resin kit,

solid base material,

4.1.”

•

Special Provision 134:

Special provision 134 prescribes the applicability of the HMT entry “UN 3171, Battery-powered vehicle

or

Battery-powered equipment.” PHMSA proposes to revise special provision 134 by amending the list of battery powered vehicle examples to include trucks, locomotives, bicycles (pedal cycles with an electric motor) and other vehicles of this type (

e.g.,

self-balancing vehicles or vehicles not equipped with at least one seating position), and self-propelled farming and construction equipment. In addition, PHMSA proposes to organize the structure of the special provision into paragraph form for ease of reading.

•

Special Provision 135:

Special provision 135 specifies that an internal combustion engine installed in a vehicle must be consigned to the entries “Vehicle, flammable gas powered” or “Vehicle, flammable liquid powered,” as appropriate. PHMSA proposes to revise special provision 135 by clarifying that vehicles powered by both a flammable liquid and a flammable gas internal combustion engine must be consigned to the entry “Vehicle, flammable gas powered.” In addition, PHMSA proposes to revise special provision 135 by clarifying that for the purpose of this special provision, a “vehicle” is a self-propelled apparatus designed to carry one or more persons or goods. A list of examples is provided.

•

Special Provision 157:

PHMSA proposes adding new special provision 157 and assigning it to “UN 3527, Polyester resin kit, solid base material.” The special provision would allow the maximum net capacity for inner packagings of flammable solids in packing group II to be increased to no more than 5 kg (11 pounds) when the material is transported as a limited quantity.

•

Special Provision 181:

PHMSA proposes adding new special provision 181 and assigning it to “UN 3481, Lithium ion batteries contained in equipment”; “UN 3481, Lithium ion batteries packed with equipment”; “UN 3091, Lithium metal batteries contained in equipment”; and “UN 3091, Lithium metal batteries packed with equipment.” The special provision would specify that when lithium cells or batteries packed with equipment and lithium cells or batteries contained in equipment are packed in the same package, the shipping paper (if used) and the package must use the “packed with” proper shipping name and UN number. Further, all packaging requirements applicable to both proper shipping names must be met and the total mass of cells or batteries in the package must not exceed the quantity

limits specified in columns (9A) and (9B), as applicable.

•

Special Provision 182:

PHMSA proposes adding new special provision 182 and assigning it to “UN 3072, Life-saving appliances, not self-inflating

containing dangerous goods as equipment

” to clarify that equipment containing only lithium batteries must be classified as either UN 3091 or UN 3481, as appropriate.

•

Special Provision 238:

Special provision 238 addresses the shipment of neutron radiation detectors. PHMSA proposes to revise special provision 238 to align with the UN Model Regulations special provision 373 by permitting the packaging to contain “absorbent” or “adsorbent” material where the previous requirement permitted “absorbent” material only.

•

Special Provision 369:

Special provision 369 prescribes classification criteria, consignment instructions and transport conditions for “UN 3507, Uranium hexafluoride, radioactive material, excepted package,

less than 0.1 kg per package, non-fissile or fissile-excepted.

” PHMSA proposes to revise special provision 369 in conjunction with revising the primary classification for UN 3507 from Class 8 to Division 6.1. Specifically, PHMSA proposes to clarify that this radioactive material in an excepted package possessing toxic and corrosive properties is classified in Division 6.1 with radioactive and corrosive subsidiary risks.

•

Special Provision 379:

PHMSA proposes adding new special provision 379 and assigning it to the HMT entries “UN 1005, Ammonia, anhydrous” and “UN 3516, Adsorbed gas, toxic, corrosive, n.o.s.” This special provision is applicable to ammonia dispensers containing adsorbed ammonia, which are used to reduce polluting nitrogen oxide emissions from automobiles. The UN Sub-Committee found that the substance contained in the receptacles did not meet any criteria for classification in the Model Regulations, but it acknowledged that the substance did fit the recent definition of an adsorbed gas. Based on the stability of adsorption under normal transport conditions, an exception for these dispensers was adopted subject to appropriate packaging conditions. These materials are normally forbidden for transport by air on passenger and cargo aircraft; however, consistent with the ICAO Technical Instructions, PHMSA proposes to authorize them on cargo aircraft subject to the transport conditions prescribed in the special provision with additional approval of the Associate Administrator.

•

Special Provision 387:

PHMSA proposes adding new special provision 387 and assigning it to the four new “n.o.s.” polymerizing substance HMT entries and to the 52 existing HMT entries that are identified as requiring stabilization. This special provision sets forth the transport conditions when stabilization, or prevention of polymerization, is provided through the use of a chemical inhibitor. When a substance is stabilized via use of a chemical inhibitor, it is important to ensure that the level of stabilization is sufficient to prevent the onset of a dangerous reaction under conditions normally incident to transportation. This special provision requires a determination that the degree of chemical stabilization employed at the time the package, IBC, or tank is offered for transport must be suitable to ensure that the sustained bulk mean temperature of the substance in the package, IBC, or tank will not exceed 50 °C (122 °F), under conditions normally incident to transportation. The special provision also specifies that temperature control is required at the point where chemical stabilization becomes ineffective at lower temperatures within the anticipated duration of transport. Consistent with the ICAO Technical Instructions, PHMSA proposes to clarify in special provision 387 that these substances are forbidden for transport by air when temperature control is required.

•

Special Provision 422:

PHMSA proposes to add new special provision 422 to the HMT entries “UN 3480, Lithium ion batteries

including lithium ion polymer batteries

”; “UN 3481, Lithium ion batteries contained in equipment

including lithium ion polymer batteries

”; “UN 3481, Lithium ion batteries packed with equipment

including lithium ion polymer batteries

”; “UN 3090, Lithium metal batteries

including lithium alloy batteries

”; “UN 3091, Lithium metal batteries contained in equipment

including lithium alloy batteries

”; and “Lithium metal batteries packed with equipment

including lithium alloy batteries.

” Special provision 422 states that the new lithium battery Class 9 label shown in § 172.447 is to be used for packages containing lithium batteries that require labels. Consistent with the UN Model Regulations, PHMSA proposes a transition period that would authorize labels conforming to requirements in place on December 31, 2016 to continue to be used until December 31, 2018. Class 9 placards, when used, must conform to the existing requirements in § 172.560.

•

Special Provision A210:

PHMSA proposes adding new special provision A210 and assigning it to the new italicized HMT entries “Catecholborane” and its synonym “1, 3, 2-Benzodioxaborole.” Consistent with the ICAO Technical Instructions, this special provision clarifies that this substance is forbidden for transport by air and may only be transported on cargo aircraft with the approval of the Associate Administrator.

•

Special Provision A212:

PHMSA proposes adding new special provision A212 and assigning it to the to the HMT entry “UN 2031, Nitric acid

other than red fuming, with more than 20 percent and less than 65 percent nitric acid.

” Consistent with the ICAO Technical Instructions, this special provision allows sterilization devices containing nitric acid conforming to the conditions in the special provision to be offered for transportation by passenger aircraft irrespective of column (9A) of the § 172.101 HMT listing the material as forbidden.

•

Special Provision B134:

PHMSA proposes adding new special provision B134 and assigning it to UN Numbers 1309, 1376, 1483, 1869, 2793, and 2878. When in Large Packagings offered for transport by vessel, flexible or fiber inner packages containing these materials would need to be sift-proof and water-resistant, or fitted with a sift-proof and water-resistant liner. Consistent with the IMDG Code, these provisions will increase the ability of these packages to perform their containment function and reduce the likelihood of a fire on board cargo vessels when used to transport substances that either generate large amounts of heat or give off flammable or corrosive toxic gases on contact with water or moisture.

•

Special Provision B135:

PHMSA proposes adding new special provision B135 and assigning it to UN Numbers 1932, 2008, 2545, 2546, 2881, and 3189. When in Large Packagings offered for transport by vessel, flexible or fiber inner packages containing these materials would need to be hermetically sealed. Consistent with the IMDG Code, these provisions will increase the ability of these packages to perform their containment function and reduce the likelihood of a fire on board cargo vessels when used to transport substances that either generate large amounts of heat or give off flammable or corrosive toxic gases on contact with water or moisture.

•

IP Code 19:

PHMSA proposes to add a new IP Code 19 and assign it to UN 3531, UN 3532, UN 3553, and UN 3534. Consistent with international

regulations, this special provision would require that IBCs are designed and constructed to permit the release of gas or vapor, thereby preventing a build-up of pressure that could rupture the IBCs in the event of loss of stabilization

•

Special Provision N90:

Special provision N90 is assigned to the HMT entry “UN 3474, 1-Hydroxybenzotriazole, monohydrate” and prohibits the use of metal packages. PHMSA proposes, consistent with the UN Model Regulations, to revise special provision N90 by clarifying that the prohibition of metal packages does not include packagings constructed of other material with a small amount of metal (

e.g.,

metal closures or other metal fittings). However, packagings constructed with a small amount of metal must be designed such that the hazardous material does not contact the metal.

•

Special Provision N92:

PHMSA proposes adding special provision N92 to the four proposed polymerizing substance, n.o.s. entries. This special provision requires packages that are utilized for the transportation of polymerizing substances to be designed and constructed to permit the release of gas or vapor to prevent a build-up of pressure that could rupture the packagings in the event of loss of stabilization.

•

Special Provision W31:

PHMSA proposes adding new special provision W31 and assigning it to the 155 HMT entries identified in Table 6 in the “Amendments to column (7) special provisions” section of this rulemaking. With the addition of this special provision, PHMSA proposes to require packages assigned as such to be hermetically sealed when offered for transportation by vessel.

The proposed addition of W31 to these commodities harmonizes the HMR with changes made in Amendment 38-16 of the IMDG Code, as well as the transportation requirements of the HMR with the IMDG Code for other commodities where they were not previously harmonized. The IMDG Code has had provisions in place equivalent to proposed W31 (PP31) for certain commodities since at least 1998.

4

Other hazardous materials regulations (ICAO Technical Instructions, HMR, and UN Model Regulations) do not currently contain provisions similar to W31. Amendment 38-16 of the IMDG Code is adding this hermetically sealed packaging requirement to 15 entries in its Dangerous Goods List (some with multiple packing groups).

4

These provisions have potentially been in place before 1998. PHMSA reviewed hard copy IMDG Codes dating back to 1998 but was unable to locate the origin of these provisions.

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

In this NPRM, PHMSA proposes to strengthen the ability of these packages transporting water-reactive substances. PHMSA anticipates this proposed amendment could result in additional costs to domestic-only shippers but not to those shippers transporting such goods internationally. We assume that all shippers that ship hazardous materials internationally will incorporate IMDG Code-compliant packaging requirements into their business practices. These proposed amendments will increase costs for some domestic shipments of affected commodities and will require materials currently transported in packaging not already hermetically sealed to be thus packaged. Adoption of these provisions will increase the ability of these packages to perform their containment function and reduce the likelihood of a fire on board cargo vessels when used to transport substances that either generate large amounts of heat or give off flammable or toxic gases on contact with water or moisture. A 2011 Formal Safety Assessment (FSA) report presented to the IMO on shipping water-reactive materials by vessel

5

provides guidance regarding changes to the regulation of such shipments, as well as the net benefit of such changes. The FSA report notes that analysis of the documented cases of fire at sea indicates that the cause of the accidents is often difficult or impossible to determine. Although the cargo space is in some cases identified as the origin of the fire, the originating container is only identifiable in rare instances, and thus, there is no reliable data on the involvement of water-reactive materials in these fires. Additionally, in most cases, fires that start do not exceed the containment of the container itself and extinguish on their own. These self-extinguishing fires are usually not detected until the container is unloaded at its destination and, thus, are rarely documented in any relation to vessel or mode of shipment.

6

5

International Maritime Organization, 2011. “Stowage of Water-Reactive Materials—Report of the Formal Safety Assessment—Submitted by Germany.” Report No. SO-ER 2009.267A.

6

Ibid, p. 24.

Regarding the cost of reducing the risk of fire from water-exposure of water-reactive materials by requiring water-resistant packaging, the FSA report concluded that the costs in relation to the amount of affected goods is likely to be high.

7

However, the FSA expect that this measure will affect only a small number of goods, which are transported in small amounts, so that the costs in relation to the

total

amount of all transported goods is likely to be low.

8

PHMSA recognizes that both the FSA report and our own Regulatory Impact Analysis lack quantitative data on the true cost of this proposal, as well as the amount of these hazardous materials currently transported by vessel. We are specifically soliciting comment addressing any estimates of the cost of compliance with these amendments and any quantitative data on the amounts of the commodities affected by this proposal that are currently offered for transportation by domestic vessel.

7

Ibid. p. 78.

8

Ibid, p. 78.

•

Special Provision W32:

PHMSA proposes adding new special provision W32 and assigning it to 38 HMT entries identified in Table 6 in the “Amendments to column (7) special provisions” section of this rulemaking. With the addition of this special provision, PHMSA proposes to require packages assigned this special provision to be hermetically sealed, except for solid fused material, when offered for transportation by vessel. The 38 entries to which this addition are proposed are already required to be packaged in this manner in accordance with the IMDG Code through a modified PP31 (when compared to the PP31 mentioned in the W31 discussion above) assigned to various packing instructions. See the comments in the W31 discussion above for more discussion on the reasons for this proposed amendment.

•

Special Provision W40:

PHMSA proposes adding new special provision W40 and assigning it to 38 HMT entries identified in Table 6 in the “Amendments to column (7) special provisions” section of this rulemaking.

With the addition of this special provision, PHMSA proposes to prohibit the use of bags when offered for transportation by vessel. See the comments in the W31 discussion above for more discussion on the reasons for this proposed amendment.

•

Special Provision W100:

PHMSA proposes adding new special provision W100 and assigning it to 27 HMT entries identified in Table 6 in the “Amendments to the column (7) special provisions” section of this rulemaking. With the addition of this special provision, PHMSA proposes to require flexible, fiberboard, or wooden packagings that are assigned this special provision to be sift-proof and water-resistant, or to be fitted with a sift-proof and water-resistant liner. These proposed amendments are intended to ensure that water-reactive materials transported by vessel are in packages that provide an appropriate level of protection from the ingress of water. See the comments in the W31 discussion above for more discussion on the reasons for this proposed amendment.

Section 172.407

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

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

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

Section 172.447

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

Section 172.505

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

2

F

2

).

9

9

https://www.epa.gov/sites/production/files/2014-11/documents/tsd58.pdf.

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

Part 173

Section 173.4a

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

Section 173.9

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

Section 173.21

Section 173.21 describes situations in which the offering for transport or transportation of materials or packages is forbidden. Examples include materials designated as “Forbidden” in column (3) of the HMT; electrical

devices that are likely to generate sparks and/or a dangerous amount of heat; and materials that are likely to decompose or polymerize and generate dangerous quantities of heat or gas during decomposition or polymerization. In § 173.21, PHMSA proposes to lower the temperature threshold at which a polymerizing substance is forbidden for transport, unless the material is stabilized or inhibited, from 54 °C (130 °F) to 50 °C (122 °F) and to amend the table in paragraph (f)(1) to accommodate the specific temperature controls applicable to polymerizing substances. This 50 °C (122 °F) temperature is consistent with existing requirements for Division 4.1 (Self-reactive) and Division 5.2 (Organic peroxide) hazardous materials, as well as the 19th Revised Edition of UN Model Regulations for the transport of polymerizing substances in packages and IBCs, which requires temperature control in transport if the SAPT is 45 °C (113 °F) only for polymerizing substances offered for transport in portable tanks. We are not proposing to adopt a different temperature threshold before temperature control is required for portable tanks transporting polymerizing substances. At this time, we believe there is not sufficient data to support a different threshold for polymerizing substances in portable tanks. Further, we believe maintaining a single SADT/SAPT for temperature controls for all relevant materials (

i.e.,

self-reactives, organic peroxides, and polymerizing substances) and all packaging sizes (

i.e.,

non-bulk, IBC, and bulk) is less confusing for the user.

Section 173.40

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

Section 173.50

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

Section 173.52

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

Section 173.62

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

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

In paragraph (c), in the Table of Packing Methods, Packing Instruction 112(c) would be revised by adding a particular packaging requirement applicable to UN 0504 requiring that metal packagings must not be used. It would also be clarified that the prohibition of metal packagings does not include packagings constructed of other material with a small amount of metal (

e.g.,

metal closures or other metal fittings). Packing Instruction 114(b) would be revised to clarify in the particular packaging requirement applicable to UN 0508 and UN 0509 that the prohibition of metal packagings does not include packagings constructed of other material with a small amount of metal (

i.e.,

metal closures or other metal fittings). Packing Instruction 130 would be revised by adding UN 0510 to the list of large and robust explosives articles that may be transported unpackaged. PHMSA proposes to add UN 0502 to Packing Instruction P130. This addition corrects an existing error in the HMR. Packing Instruction 130 is referenced for UN 0502, but there is no mention of UN 0502 in the actual instruction. Packing Instruction 137 would be revised by amending the particular packaging instruction applicable to UN Numbers 0059, 0439, 0440, and 0441 by replacing the marking requirement “THIS SIDE UP” with a reference to the package orientation marking prescribed in § 172.312(b).

Section 173.121

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

Section 173.124

Section 173.124 outlines defining criteria for Divisions 4.1 (Flammable solid), 4.2 (Spontaneously combustible), and 4.3 (Dangerous when wet material). Division 4.1 (Flammable solid) includes desensitized explosives, self-reactive materials, and readily combustible solids. The UN Model Regulations adopted amendments to include polymerizing materials to the list of materials that meet the definition of Division 4.1. Transport conditions for polymerizing materials are not new under the HMR. Section § 173.21 presently contains approval provisions for the transport of polymerizing materials. Unlike the present HMR requirements, the classification requirements adopted in the UN Model Regulations do not require testing to determine the rate of vapor production when heated under confinement. This rate should be the deciding factor when determining whether a polymerizing substance should be authorized for transportation in an IBC or portable tank. PHMSA proposes to add polymerizing materials to the list of materials that meet the definition of

Division 4.1 with the additional requirement that that polymerizing substances are only authorized for transport if they pass the UN Test Series E at the “None” or “Low” level when tested for heating under confinement, or other equivalent test method. Given concerns with potential test equipment issues (

i.e.,

clogging) when subjecting polymerizing materials to the UN Test Series E, PHMSA solicits comment on other equivalent test methods.

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

Section 173.165

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

Section 173.185

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

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

In this NPRM, PHMSA proposes to replace the existing text marking requirements in § 173.185(c)(3) with a standard lithium battery mark for use in all transport modes and to remove the requirement in § 173.185(c)(3) for shippers to provide an alternative document. The lithium battery mark communicates key information (

i.e.,

the package contents and that a flammability hazard exists if damaged). The mark utilizes recognizable symbols that permit transport workers and emergency responders to quickly ascertain the package contents and take appropriate action. A single mark that is understood and accepted for all transport modes will increase the effectiveness. PHMSA proposes a transition period of December 31, 2018, to provide adequate time for shippers to transition the new lithium battery mark and exhaust existing stocks of preprinted packagings or markings. The current documentation requirement is redundant given the existing marking requirement and provides minimal additional safety value to that provided by the mark.

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

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

PHMSA proposes amendments to § 173.185(e) to permit the transport of prototype and low production runs of lithium batteries contained in equipment. These proposals are mostly consistent with amendments adopted into the 19th Revised Edition of the UN Model Regulations and Amendment 38-16 to the IMDG Code, which authorize the transportation of prototype and low production runs of lithium batteries contained in equipment in packaging tested to the PG II level. The ICAO TI authorizes the transportation of prototype and low production runs of lithium batteries contained in equipment in packaging tested to the PG I level. PHMSA proposes to continue to require prototype and low production batteries to be placed in packaging tested to the PG I performance level. PHMSA believes that the higher integrity packaging provides an

additional layer of protection for cells and batteries not otherwise subjected to the UN design tests.

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

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

Section 173.217

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

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

Section 173.220

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

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

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

or

Engine fuel cell, flammable liquid powered,

or

Machinery, internal combustion, flammable liquid powered,

or

Machinery, fuel cell, flammable liquid powered”; a Division 2.1 entry “UN 3529, Engine, internal combustion engine, flammable gas powered,

or

Engine fuel cell, flammable gas powered,

or

Machinery, internal combustion, flammable gas powered,

or

Machinery, fuel cell, flammable gas powered”; and a Class 9 entry “UN 3530, Engine, internal combustion,

or

Machinery, internal combustion.”

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

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

Section 173.221

Section 173.221 prescribes the packaging requirements for Polymeric beads (or granules), expandable,

evolving flammable vapor.

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

Section 173.225

Section 173.225 prescribes packaging requirements and other provisions for organic peroxides. Consistent with the UN Model Regulations, PHMSA proposes to revise the Organic Peroxide Table in paragraph (c) by amending the entries for: “Dibenzoyl peroxide,” “tert-Butyl cumyl peroxide,” “Dicetyl peroxydicarbonate,” and “tert-Butyl peroxy-3,5,5-trimethylhexanoate.” We propose to revise the Organic Peroxide IBC Table in paragraph (e) to maintain alignment with the UN Model Regulations by adding new entries for “tert-Butyl cumyl peroxide” and

“1,1,3,3-Tetramethylbutyl peroxy-2-ethylhexanoate, not more than 67%, in diluent type A” and adding a type 31HA1 IBC authorization to the existing entry for “Di-(2-ethylhexyl) peroxydicarbonate, not more than 62%, stable dispersion, in water.” We are republishing the complete Organic Peroxide and Organic Peroxide IBC tables to ensure the proposed revisions are correctly inserted and adding the missing “UN” code to several identification numbers assigned to existing entries in the Organic Peroxide Table.

Section 173.301b

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

Section 173.303

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

Section 173.304b

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

Section 173.310

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

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