Hazardous Materials: Harmonization With International Standards

Federal RegisterNov 27, 2018

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

[Docket No. PHMSA-2017-0108 (HM-215O)]

RIN 2137-AF32

Hazardous Materials: Harmonization With International Standards

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 alignment 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 would allow for increased alignment with the Transport Canada, Transportation of Dangerous Goods (TDG) Regulations.

DATES:

Comments must be received by January 28, 2019.

ADDRESSES:

You may submit comments by any of the following methods:

•

Federal Rulemaking Portal: http://www.regulations.gov

. Follow the online 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:

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-2017-0108 (HM-215O)] or RIN 2137-AF32 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, International Program or Aaron Wiener, International Program, telephone (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary

II. Background

III. Incorporation by Reference Discussion Under 1 CFR part 51

IV. 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 13771

D. Executive Order 13132

E. Executive Order 13175

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

G. Paperwork Reduction Act

H. Regulation Identifier Number (RIN)

I. Unfunded Mandates Reform Act of 1995

J. Environment Assessment

K. Privacy Act

L. Executive Order 13609 and International Trade Analysis

M. 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 alignment 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 alignment 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 (hazmat) standards, including: The 2019-2020 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions); Amendment 39-18 to the International Maritime Dangerous Goods Code (IMDG Code); the 20th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations); Amendment 1 to the 6th Revised Edition of the UN Manual of Tests and Criteria; and the 7th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Additionally, we propose to update our incorporation by reference of the Transport Canada TDG Regulations to include: SOR/2016-95 published June 1, 2016; SOR/2017-137 published July 12, 2017; and SOR/2017-253 published December 13, 2017. Finally, in this NPRM, PHMSA proposes the adoption of updated International Organization for Standardization (ISO) standards.

•

Hazardous Materials Table:

PHMSA proposes amendments to the Hazardous Materials Table (HMT; § 172.101) consistent with recent changes in the Dangerous Goods List of the 20th 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.

•

Articles containing dangerous goods:

PHMSA proposes to add a classification system for articles containing hazardous materials that do not already have a proper shipping name. This proposal would address situations in which hazardous materials or hazardous materials residues are present in articles, and authorize a safe method to transport articles that may be too large to fit into typical packages. Absent these provisions to package and transport these materials safely, these articles may be offered for transport under provisions that do not adequately account for the physical and chemical properties of the substances and may require the issuance of an approval by PHMSA's Associate Administrator for Hazardous Materials Safety.

•

Lithium Battery Test Summary:

PHMSA proposes the inclusion of a lithium battery test summary requirement. The HMR require lithium battery manufacturers to subject their batteries to appropriate UN design tests to ensure they are classified correctly for transport, and develop records of successful test completion. The proposed test summary would include a standardized set of elements that provide traceability and accountability, thereby ensuring that lithium cell and battery designs offered for transport meet the appropriate UN tests.

•

Baggage Equipped with Lithium Batteries:

PHMSA proposes to amend the aircraft passenger provisions for carriage of baggage equipped with lithium batteries intended to power features such as location tracking, battery charging, digital weighing, or motors (sometimes referred to as “smart luggage”). Specifically, baggage equipped with a lithium battery or batteries would be required to be carried in the cabin of the aircraft unless the battery or batteries are removed.

•

Segregation of Lithium Batteries from Specific Hazardous Materials:

PHMSA proposes requirements to segregate lithium cells and batteries from certain other hazardous materials, notably flammable liquids, when offered for transport or transported on aircraft. PHMSA is taking this action to promote consistency with the ICAO Technical Instructions and a recommendation (A-16-001) from the National Transportation Safety Board (NTSB) stemming from the investigation of the July 28, 2011, in-flight fire and crash of Asiana Airlines Flight 991 incident that resulted in the loss of the aircraft and crew. The investigation report cited as a contributing factor the flammable materials and lithium ion batteries that were loaded together either in the same or adjacent pallets.

•

Alternative criteria for classification of corrosive materials:

PHMSA proposes to include non-testing alternatives for classifying corrosive mixtures that uses existing data on their chemical properties. Currently the HMR require offerors to classify Class 8 corrosive material and assign a packing group based on test data. The HMR authorize a skin corrosion test and various

in vitro

test methods that do not involve animal testing. However, data obtained from testing is currently the only data acceptable for classification and assigning a packing group. These alternatives would afford offerors the ability to make a classification and packing group assignment without the need to conduct physical tests.

•

Provisions for Polymerizing Substances:

PHMSA is proposing to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019 to January 2, 2021. This additional time will allow PHMSA to finalize research and analyze comments and data concerning the issue submitted to the docket for this NPRM. This information will allow us to have a more comprehensive understanding of polymerizing substances and further consider the most appropriate transport provisions for these materials.

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 law (49 U.S.C. 5101

et seq.

) directs PHMSA to participate in relevant international standard-setting bodies and requires alignment 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 and the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The UN Model Regulations are amended and updated biennially by the UNSCOE and serve as the basis for national, regional, and international modal regulations, including the IMDG Code and the ICAO Technical Instructions.

Since publication of the 1990 rule, PHMSA has issued 12 subsequent international harmonization rulemakings.

These rulemakings were based on biennial updates of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions.

HM-215A [59 FR 67390]; HM-215B [62 FR 24690]; HM-215C [64 FR 10742]; HM-215D [66 FR 33316]; HM-215E [68 FR 44992]; HM-215G [69 FR 76044]; HM-215I [71 FR 78595]; HM-215J [74 FR 2200]; HM-215K [76 FR 3308]; HM-215L [78 FR 987]; HM-215M [80 FR 1075]; and HM-215N [82 FR 15796].

Harmonization becomes increasingly important as the volume of hazardous materials transported in international commerce grows. Harmonization 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 alignment of the HMR with international standards, PHMSA reviews and evaluates each amendment on its own merit, its overall impact on transportation safety, and 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 20th Revised Edition of the UN Model Regulations, Amendment 39-18 to the IMDG Code,

and the 2019-2020 Edition of the ICAO Technical Instructions, all of which become effective January 1, 2019.

Amendment 39-18 to the IMDG Code may be voluntarily applied on January 1, 2019; however, the previous amendment remains effective through December 31, 2019.

In addition, PHMSA proposes to incorporate by reference the newest editions of various international standards. The 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, 2019.

PHMSA published a final rule under Docket HM-215N [82 FR 15796 (March 30, 2017)] that, among other things, added four new Division 4.1 entries for polymerizing substances to the HMT, and added into the HMR defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls. In this prior rulemaking, PHMSA indicated that these changes would be in effect until January 2, 2019. During the interim time period between publication of the final rule and January 2, 2019, PHMSA indicated it would review and research the implications of the polymerizing substance amendments, and readdress the issue in the next international harmonization rulemaking.

On January 19, 2017, a Broad Agency Announcement (BAA)

was issued soliciting white papers from those interested in undertaking research into the appropriate temperature controls for polymerizing substances across all package sizes and the impact of gas generation from a polymerizing reaction. Submissions were received and reviewed by a team of experts to verify, in accordance with the terms of the BAA, the technical appropriateness of the proposed work, and the past performance of the submitter. Recommendations were submitted to the PHMSA Research and Development staff on February 14th, 2018. The Research and Development staff is undertaking the necessary next steps to initiate the research. By way of this rulemaking, PHMSA also solicits comments and data from shippers and classifiers of polymerizing substances concerning their experiences operating under the transport provisions applied to polymerizing substances in the HM-215N final rule. Specifically, PHMSA seeks information regarding:

Broad Agency Announcement (BAA) for innovative research and development projects, January 19, 2017.

https://www.fbo.gov/spg/DOT/PHMSA/PHMSAHQ/DTPH5617PHMSABAA/listing.html.

• Whether affected entities have experienced difficulties resulting from differing domestic and international requirements for polymerizing substances (

e.g.,

differing temperature thresholds before temperature control is required in portable tanks and requirements for successfully passing Test Series E prior to offering for transport in a portable tank or IBC);

• The experiences of the regulated community in utilizing Test Series E with polymerizing substances; and

• Whether there are alternative tests that can indicate appropriate responses when potentially polymerizing substances are heated under confinement.

As this research project is presently in the pre-award phase prescribed in the BAA and will not be completed prior to the expected publication date of a final rule for this NPRM, PHMSA is proposing to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019 to January 2, 2021. This additional time should allow PHMSA to complete its ongoing research project and analyze all comments and data concerning the issue submitted to the docket for this NPRM. This information will increase our comprehension of polymerizing substances and further consider the most appropriate transport provisions for these materials. This new sunset date is proposed in amendments to §§ 172.101, 172.102, 173.21, and 173.124.

III. Incorporation by Reference Discussion Under 1 CFR Part 51

The UN 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 websites. 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 websites. The price charged for those not freely available helps to cover the cost of developing, maintaining, hosting, and accessing these standards. The specific standards are discussed in greater detail in the following analysis.

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 to further align with the Transport Canada TDG Regulations:

•

Incorporation by Reference:

PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials standards, including the 2019-2020 Edition of the ICAO Technical Instructions; Amendment 39-18 to the IMDG Code; the 20th Revised Edition of the UN Model Regulations; amendment 1 to the 6th Revised Edition of the UN Manual of Tests and Criteria; and the 7th Revised Edition of the GHS. Additionally, we propose to update our incorporation by reference of the Transport Canada TDG Regulations to include SOR/2016-95 published June 1, 2016; SOR/2017-137 published July 12, 2017; and SOR/2017-253 published December 13, 2017. Finally, in this NPRM, PHMSA proposes the adoption of updated ISO standards.

•

Hazardous Materials Table:

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.

•

Articles containing dangerous goods:

PHMSA proposes to add a classification scheme for articles containing hazardous materials that do not already have a proper shipping name. This proposal would address situations in which hazardous materials or hazardous materials residues are present in articles. This proposal would authorize a safe method to transport articles that may be too large to fit into typical packages. Absent these provisions to package and transport these materials safely, these articles may be offered for transport under provisions that do not adequately account for the physical and chemical properties of the substances and may require the issuance of an approval by PHMSA's Associate Administrator for Hazardous Materials Safety.

•

Lithium Battery Test Summary:

•

Baggage Equipped with Lithium Batteries:

•

Segregation of Lithium Batteries from Specific Hazardous Materials:

PHMSA proposes requirements to segregate lithium cells and batteries from certain other hazardous materials, notably flammable liquids, when offered for transport or transported on aircraft. PHMSA is taking this action to promote consistency with the ICAO Technical Instructions and a recommendation (A-16-001) from the National Transportation Safety Board (NTSB) stemming from the investigation of the July 28, 2011, in-flight fire and crash of Asiana Airlines Flight 991 that resulted in the loss of the aircraft and crew. The investigation report cited as a contributing factor the flammable materials and lithium ion batteries that were loaded together either in the same or adjacent pallets.

•

Alternative criteria for classification of corrosive materials:

PHMSA proposes to include non-testing alternatives for classifying corrosive mixtures that instead uses existing data on the chemical properties. Currently the HMR require offerors to classify Class 8 corrosive material and assign a packing group based on test data. The HMR authorize a skin corrosion test and various

in vitro

V. Amendments Not Being Considered for Adoption in This NPRM

PHMSA's goal in this rulemaking is to harmonize the HMR with 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 20th Revised Edition of the UN Model Regulations, the 2019-2020 Edition of the ICAO Technical Instructions, and Amendment 39-18 to the IMDG Code. It is 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 of the HMR makes adoption unnecessary. In other cases, we have addressed, or will address, the amendments in separate rulemaking proceedings.

The following is a list of significant amendments to the international standards that PHMSA is not currently proposing:

•

Fuel gas containment systems:

The 20th Revised Edition to the UN Model Regulations added a special provision to allow for the transportation of fuel gas containment systems containing certain gases transported for disposal, recycling, repair, inspection, maintenance, or from where they are manufactured to a vehicle assembly plant. PHMSA does not believe the vehicle specification pressure vessels that are incorporated and authorized by the UN Model Regulations apply to domestic transportation as most fuel gas containment standards addressed are more appropriate for European road and rail regulations. PHMSA invites comment on this amendment in the UN Model Regulations and whether it would benefit industry to include a similar amendment in the HMR.

•

Severely damaged and defective lithium batteries:

The 20th Revised Edition of the UN Model Regulations adopted transportation provisions for damaged and defective cells and batteries of UN Nos. 3090, 3091, 3480 and 3481 liable to rapidly disassemble, dangerously react, or produce a flame, a dangerous evolution of heat, or a dangerous emission of toxic, corrosive, or flammable gases or vapors under normal conditions of transport. In this NPRM, PHMSA is not proposing to adopt changes to the domestic requirements for the treatment of these lithium batteries, as it believes existing packaging and hazard communication requirements in § 173.185(f) sufficiently address consignments of this nature.

•

Road gas elements vehicles:

Amendment 39-18 of the IMDG Code adopted provisions for road gas elements vehicles. These vehicles contain elements (

e.g.

cylinders, tubes, bundles of cylinders, pressure drums, or tanks) intended for the carriage of gases with a capacity of more than 450 L permanently fitted to a vehicle and fitted with necessary service equipment. PHMSA believes the HMR provisions authorizing the transportation of Multi-Element Gas Containers (MEGCs) and tube trailers adequately address the transportation of gases in a similar manner.

•

Competency-based training:

PHMSA is seeking public comments on a Competency Based Training approach in this NPRM. The 2017-2018 ICAO Technical Instructions included proposed revisions to their training provisions in Attachment 4,

noting that these provisions would replace the current Part 1; Chapter 4 in the 2019-2020 edition. The provisions presented at the ICAO DGP, and included in the 2017-2018 ICAO Technical Instructions, on utilizing a competency based training approach for dangerous goods have yet to be finalized and adopted. We welcome discussions on improving the quality of employee training and assessment within the scope of the existing training regime. The training provisions as they are currently stated in the HMR are not prescriptive and permit a wide latitude in implementation. Thus, employers can tailor employee training program in a manner that best addresses the job functions performed. Through this flexibility employers can utilize various training methods, including the

Competency Based Training approach. To aid the public in developing comments, three documents from ICAO DGP and UNSCOE containing information pertaining to Competency Based Training have been provided in the public docket for this rulemaking.

Any comments received may be utilized to better inform PHMSA's work in various international forums. Below are some thought starters for consideration for your comments:

• If you currently follow a Competency Based Training approach to meet the requirements in Part 172, Subpart H:

○ Do you have suggestions or lessons learned that you would like to share?

○ What information or tools did/do you consider most helpful in implementing a Competency Based Training approach?

○ Have you reviewed the ICAO guidance provided in the Docket? If so, did you find the guidance helpful?

• If you do not follow a Competency Based Training approach to meet the requirements in Part 172, Subpart H:

○ Have you reviewed the ICAO guidance provided in the Docket? If so, did you find the guidance helpful?

○ Are you aware of any barriers to implementing a Competency Based Training approach?

VI. Section-by-Section Review

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

Part 171

Section 171.7

Section 171.7 provides a listing of all voluntary consensus standards incorporated by reference into the HMR, as directed by the “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 to consider their merit for inclusion in the HMR. For this rulemaking, PHMSA evaluated updated international consensus standards pertaining to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. It 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 (s)(2) would be added, to incorporate the International Atomic Energy Agency Code of Conduct on the Safety and Security of Radioactive Sources. Section 172.800 references the incorporation by reference of this document; however, this entry does not currently appear in § 171.7. The proposed addition of this paragraph would correct this oversight. The incorporation of this document in § 172.800 provides a list of Category 1 and 2 radioactive sources for which offerors or carriers require a security plan.

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

International Civil Aviation Organization

Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), 2015-2016 Edition, would be revised to incorporate the 2019-2020 Edition. These instructions contain the detailed instructions for the international transport of hazardous materials by air.

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

International Maritime Organization

International Maritime Dangerous Goods Code (IMDG Code), Incorporating Amendment 38-16 (English Edition), would be revised to incorporate the 39-18 (English Edition), 2018 Edition. This code contains the detailed instructions for the international transport of hazardous materials by vessel.

• 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 11118(E), Gas cylinders—Non-refillable metallic gas cylinders—Specification and test methods would be replaced by ISO 11118:2015(E), Gas cylinders—Non-refillable metallic gas cylinders—Specification and test methods in paragraph (w)(53). The purpose of this standard is to provide a specification for the design, manufacture, inspection, and testing of non-refillable metallic gas cylinders for worldwide safe use, handling, and transport.

—ISO 11120(E), Gas cylinders—Refillable seamless steel tubes of water capacity between 150 L and 3000 L—Design, construction and testing, First edition, March 1999 would be replaced by ISO 11120:2015(E), Gas cylinders—Refillable seamless steel tubes of water capacity between 150 L and 3,000 L—Design, construction and testing in paragraph (w)(62). This standard provides a specification for the design, manufacture, inspection and testing of tubes at the time of manufacture for worldwide usage.

—ISO/TR 11364:2012(E), Gas cylinders—Compilation of national and international valve system/gas cylinder neck threads and their identification and marking system would be added in paragraph (w)(77). The purpose of this standard is to list all known cylinder/valve threads currently used and also threads used in the past and to specify a harmonized identification code and marking system for both cylinders and valves.

—ISO 11623(E), Transportable gas cylinders—Periodic inspection and testing of composite gas cylinders, First edition, March 2002 would be replaced by ISO 11623:2015(E), Transportable gas cylinders—Periodic inspection and testing of composite gas cylinders in paragraph (w)(66). This standard specifies the requirements for periodic inspection and testing and to verify the integrity for further service of hoop-wrapped and fully-wrapped composite transportable gas cylinders, with aluminum-alloy, steel or non-metallic liners or of linerless construction (Types 2, 3, 4, and 5), intended for compressed, liquefied or dissolved gases under pressure, of water capacity from .5 L up to 450 L.

—ISO 14246:2014(E), Gas cylinders—Cylinder valves—Manufacturing tests and examination would be added in paragraph (w)(69). This standard covers the function of a cylinder valve as a closure (defined by the UN Model Regulations).

—ISO 16148:2016(E), Gas cylinders—Refillable seamless steel gas cylinders and tubes—Acoustic emission examination (AT) and follow-up ultrasonic examination (UT) for

periodic inspection and testing in paragraph (w)(71). This International Standard describes two methods of AT, defined as Method A and Method B, and a method of follow-up UT. These non-destructive examination techniques are an alternative to conventional testing procedures for cylinders and tubes.

—ISO 17871:2015(E) Gas cylinders—Quick-release cylinder valves—Specification and type testing in paragraph would be added to (w)(72). This standard covers the function of a quick-release cylinder valve as a closure (defined by the UN Model Regulations).

—ISO 21172-1:2015(E), Gas cylinders—Welded steel pressure drums up to 3,000 litres capacity for the transport of gases—Design and construction—Part 1: Capacities up to 1,000 litres would be added in paragraph (w)(75). is to provide a specification for the design, manufacture, inspection, and approval of welded steel gas pressure drums.

—ISO 22434:2006(E), Transportable gas cylinders—Inspection and maintenance of cylinder valves would be added in paragraph (w)(76). This International Standard specifies the requirements for the inspection and maintenance of cylinder valves, including valves with integrated pressure regulators.

• Paragraphs (aa)(1)-(4), which updates 4 existing

Organization for Economic Cooperation and Development

(OECD) guidelines concerning corrosivity testing (Nos. 404, 430, 431, & 435). The references to these standards would be updated to the 2015 versions of the standards.

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

Transport Canada

Transportation of Dangerous Goods Regulations, would add subparagraphs (xx), (xxi), and (xxii), to include SOR/2016-95 published June 1, 2016; SOR/2017-137 published July 12, 2017; and SOR/2017-253 published December 13, 2017, respectively. These proposed additions are to incorporate changes to the

Transport Canada

Transportation of Dangerous Goods Regulations.

• Paragraph (bb)(2) would be added to incorporate by reference Containers for Transport of Dangerous Goods by Rail, a

Transport Canada

standard that was published in 2013. The standard applies to the design, manufacture, maintenance and qualification of tank cars and ton containers and the selection and use of large containers or transport units used in the handling, offering for transport, or transporting of dangerous goods by rail.

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

United Nations

Recommendations on the Transport of Dangerous Goods—Model Regulations, 19th Revised Edition (2015), Volumes I and II, would be revised to incorporate the 20th Revised Edition (2017), Volumes I and II. This standard presents a basic scheme of provisions that allow uniform development of national and international regulations governing the various modes of transport.

• Paragraph (dd)(2)(ii) would be added to incorporate the United Nations Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, 6th Revised Edition, Amendment 1. This standard contains criteria, test methods, and procedures to be used for the classification of hazardous materials according to the UN Model Regulations.

• Paragraph (dd)(3), which incorporates the

United Nations

Recommendations on the Transport of Dangerous Goods, Globally Harmonized System of Classification and Labelling of Chemicals Sixth revised edition (2015), would be revised to incorporate the

United Nations

Recommendations on the Transport of Dangerous Goods, Globally Harmonized System of Classification and Labelling of Chemicals (GHS), 7th Revised Edition (2017). This standard helps identify the intrinsic hazards found in substances and mixtures and to convey hazard information about these hazards.

Section 171.8

Section 171.8 defines terms generally used throughout the HMR that have broad or multi-modal applicability. In this NPRM, PHMSA is proposing to amend the definition of “UN pressure receptacle” to include pressure drums. Additionally, PHMSA proposes to add a definition for “UN Pressure drum” to mean a welded transportable pressure receptacle of a water capacity exceeding 150 L and not more than 1,000 L (

e.g.,

cylindrical receptacles equipped with rolling hoops, spheres on skids). These amendments provide defining terms related to pressure drums for which ISO 21172-1:2015(E) Gas cylinders— Welded steel pressure drums up to 3,000 litres capacity for the transport of gases—Design and construction—Part 1: Capacities up to 1,000 litres is proposed for incorporation in § 178.71.

Section 171.12

Section 171.12 prescribes requirements for the use of the Transport Canada TDG Regulations. In a March 30, 2017, final rule [HM-215N; 82 FR 15795], PHMSA amended the HMR to expand recognition of cylinders and pressure receptacles, cargo tank repair facilities, and certificates of equivalency in accordance with the TDG Regulations. The goal of these amendments is to promote flexibility and permit the use of advanced technology for the requalification and use of pressure receptacles; doing so will provide for a broader selection of authorized pressure receptacles, reduce the need for special permits, and to facilitate cross-border transportation of these cylinders. In this NPRM, PHMSA proposes to clarify the recognition of certificates of equivalency issued by Transport Canada. Transport Canada issues equivalency certificates as both a competent authority approval and for an alternative means of compliance with TDG Regulations. PHMSA provides reciprocity for equivalency certificates that are issued by Transport Canada as an alternative to the TDG Regulations; PHMSA does not provide recognition to Canada's competent authority approvals. In this NPRM, PHMSA is proposing to amend paragraph (a)(1) to clarify the extent of reciprocity regarding certificates of equivalency.

Additionally, PHMSA is proposing to amend paragraph (a)(3)(v) to update the standard incorporated by reference to which Canadian rail cars must conform. The existing reference to the Canadian General Standards Board standard 43.147 is replaced with Containers for Transport of Dangerous Goods by Rail (2013).

Part 172

Section 172.101

Section 172.101 contains the HMT and provides instructions for its use. In this NPRM, PHMSA is proposing to revise the instructional text that precedes the HMT for paragraph (e) of this section.

Paragraph (e) of § 172.101 provides instructions for the use of column (4) of the HMT. Column (4) lists the identification number assigned to each proper shipping name. Most identification numbers are preceded by the letters “UN” and are associated with proper shipping names, which may be used for both domestic and international transportation. Some proper shipping names are assigned “NA” or “North American” numbers. As it currently stands, the HMR states that NA numbers are afforded recognition in both the United States and Canada. Furthermore, under § 171.12, the HMR treats transporting hazardous materials to Canada in the same way as domestic transportation. This is problematic, however, because specific dangerous goods are classified

differently in the two countries. The Transport Canada Transportation of Dangerous Goods Regulations limit the use of NA numbers on transport documents to materials classified as “Consumer commodity,” and do not allow for documentation of other NA numbers. Therefore, in this NPRM, PHMSA is proposing to revise paragraph (e) to indicate that NA numbers are only recognized for use in the United States.

Hazardous Materials Table (HMT)

In this NPRM, PHMSA is proposing to amend the HMT. 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.” Proposed amendments to the HMT include the following:

New HMT Entries

• UN3537 Articles containing flammable gas, n.o.s.

• UN3538 Articles containing non-flammable, non-toxic gas, n.o.s.

• UN3539 Articles containing toxic gas, n.o.s.

• UN3540 Articles containing flammable liquid, n.o.s.

• UN3541 Articles containing flammable solid, n.o.s.

• UN3542 Articles containing a substance liable to spontaneous combustion, n.o.s.

• UN3543 Articles containing a substance which emits flammable gas in contact with water, n.o.s.

• UN3544 Articles containing oxidizing substance, n.o.s.

• UN3545 Articles containing organic peroxide, n.o.s.

• UN3546 Articles containing toxic substance, n.o.s.

• UN3547 Articles containing corrosive substance, n.o.s.

• UN3548 Articles containing miscellaneous dangerous goods, n.o.s.

PHMSA proposes to add a classification scheme for articles containing hazardous materials not otherwise specified by name in the HMR that contain hazardous materials of various hazard classes and divisions. This proposal addresses transportation scenarios where various hazardous materials or hazardous materials residues are present in articles above the quantities currently authorized for dangerous goods in machinery or apparatus. This proposal authorizes safe and secure methods to transport articles that may be too large to fit into typical packagings. Absent provisions to package and transport these materials safely, such articles may be offered for transport under provisions that do not adequately account for the physical and chemical properties of the substances or mode of transport and may require the issuance of an approval by the Associate Administrator for Hazardous Materials Safety.

• UN3535 Toxic solid, flammable, inorganic, n.o.s.

Consistent with the 20th Revised Edition of the UN Model Regulations, this new generic entry addresses toxic solids with a flammable subsidiary risk in Packing Groups I and II.

• UN3536 Lithium batteries installed in cargo transport unit

lithium ion batteries or lithium metal batteries

This new HMT entry addresses lithium metal and lithium ion batteries installed in a cargo transport unit and designed only to provide power external to the cargo transport unit. The lithium batteries must meet the requirements of § 173.185 and contain the necessary systems to prevent overcharge and over discharge between the batteries. Such units are forbidden for transport on aircraft.

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. For the entry “2-Dimethylaminoethyl acrylate,” the word “stabilized” is added to the end, as the substance has been determined to polymerize in certain conditions.

Amendments to Column (5) Packing Group

The HMT entries for articles “UN3316, Chemical kit” and “UN3316, First aid kit” are revised to remove packing group II and III assignments. This revision would revert the entries to a single row with the packing group column left blank as they existed prior to adding the packing group II and III assignments in a final rule published on January 8, 2015 [Docket No. PHMSA-2013-0260 (HM-215M); 80 FR 1075]. This revision would address situations where materials in the kits are not assigned to a packing group or have packing group I assigned, as permitted by § 173.161.

Amendments to Column (7) Special Provisions

Section 172.101(h) describes column (7) of the HMT, which contains special provisions for each entry in the table. Section 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.

•

Special provision 325.

PHMSA proposes to add special provision 325 to the following HMT entries:

UN2912 Radioactive material, low specific activity (LSA-I)

non fissile or fissile-excepted

UN2913 Radioactive material, surface contaminated objects (SCO-I or SCO-II),

non-fissile or fissile excepted

UN2915 Radioactive material, Type A package

non-special form, non fissile or fissile-excepted

UN2916 Radioactive material, Type B(U) package

non fissile or fissile-excepted

UN2917 Radioactive material, Type B(M) package

non fissile or fissile-excepted

UN2919 Radioactive material, transported under special arrangement,

non fissile or fissile excepted

UN3321 Radioactive material, low specific activity (LSA-II)

non fissile or fissile-excepted

UN3322 Radioactive material, low specific activity (LSA-III)

non fissile or fissile excepted

•

Special provision 347.

PHMSA proposes to add special provision 347 to the following HMT entries:

UN0349 Articles, explosives, n.o.s.

UN0367 Fuzes, detonating

UN0384 Components, explosive train, n.o.s.

UN0481 Substances, explosive, n.o.s.

•

Special provision 368.

Special provision 368 is added to the following HMT entry:

UN2908 Radioactive material, excepted package-empty packaging

•

Special provision 369.

Special provision 369 is revised for clarity and is applicable to the following HMT entry:

UN3507 Uranium hexafluoride, radioactive material, excepted package,

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

•

Special provision 383.

Special provision 383 is removed from the following PG II HMT entries:

UN1133 Adhesives,

containing a flammable liquid

UN1263 Paint related material

including paint thinning, drying, removing, or reducing compound

UN1263 Paint

including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler and liquid lacquer base

UN1210 Printing ink,

flammable or

Printing ink related material

(including printing ink thinning or reducing compound), flammable

UN1866 Resin Solution,

flammable

•

Special provision 387.

PHMSA proposes revising special provision 387 to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019, to January 2, 2021.

•

Special provision 388.

PHMSA proposes to add new special provision 388 to the following HMT entries:

UN3090 Lithium metal batteries

including lithium alloy batteries

UN3091 Lithium metal batteries contained in equipment

including lithium alloy batteries

UN3480 Lithium ion batteries

including lithium ion polymer batteries

UN3481 Lithium ion batteries packed with equipment

including lithium ion polymer batteries

•

Special provision 389.

PHMSA proposes to add new special provision 389 to the following new HMT entry:

UN3536 Lithium batteries installed in cargo transport unit

lithium ion batteries or lithium metal batteries

•

Special provision 391.

PHMSA proposes to add new special provision 391 to the following new HMT entries:

UN3537 Articles containing flammable gas, n.o.s.

UN3538 Articles containing non-flammable, non-toxic gas, n.o.s.

UN3539 Articles containing toxic gas, n.o.s.

UN3540 Articles containing flammable liquid, n.o.s.

UN3541 Articles containing flammable solid, n.o.s.

UN3542 Articles containing a substance liable to spontaneous combustion, n.o.s.

UN3543 Articles containing a substance which emits flammable gas in contact with water, n.o.s.

UN3544 Articles containing oxidizing substance, n.o.s.

UN3545 Articles containing organic peroxide, n.o.s.

UN3546 Articles containing toxic substance, n.o.s.

UN3547 Articles containing corrosive substance, n.o.s.

UN3548 Articles containing miscellaneous dangerous goods, n.o.s.

•

Special provision 421.

PHMSA proposes revising special provision 421 to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019 to January 2, 2021.

•

Special provision A56.

Special provision A56 is revised for clarity.

•

Special provision A105.

PHMSA proposes to revise special provision A105 assigned to the following HMT entry:

UN3363 Dangerous goods in machinery

Dangerous goods in apparatus

•

Special provision B136.

PHMSA proposes to add new special provision B136 to the following HMT entries:

UN1363 Copra

UN1386 Seed cake,

containing vegetable oil solvent extractions and expelled seeds, with not more than 10 percent of oil and when the amount of moisture is higher than 11 percent, with not more than 20 percent of oil and moisture combined

UN1398 Aluminum silicon powder, uncoated

UN1435 Zinc ashes

UN2071 Ammonium nitrate based fertilizer

UN2216 Fish meal, stabilized

Fish scrap, stabilized

UN2217 Seed cake

with not more than 1.5 percent oil and not more than 11 percent moisture

UN2793 Ferrous metal borings

Ferrous metal shavings

Ferrous metal turnings

Ferrous metal cuttings

in a form liable to self-heating

•

Portable tank special provisions.

PHMSA proposes to revise portable tank special provision TP10 assigned to the following HMT entries:

UN1744 Bromine

Bromine solutions

•

Special provisions W31 and W32.

Special provision W32 is removed from the following PG I HMT entries (unless otherwise noted in table 1) and replaced with Special provision W31:

Table 1

Proper shipping name

UN No.

Calcium phosphide

UN1360

Aluminum phosphide

UN1397

Calcium carbide

UN1402

Calcium hydride

UN1404

Cesium

Caesium

UN1407

Metal hydrides, water reactive, n.o.s

UN1409

Lithium aluminum hydride

UN1410

Lithium borohydride

UN1413

Lithium hydride

UN1414

Lithium

UN1415

Magnesium, powder

Magnesium alloys, powder

UN1418

Magnesium aluminum phosphide

UN1419

Rubidium

UN1423

Sodium borohydride

UN1426

Sodium hydride

UN1427

Sodium

UN1428

Sodium phosphide

UN1432

Stannic phosphide

UN1433

Zinc phosphide

UN1714

Potassium borohydride

UN1870

Magnesium hydride

UN2010

Magnesium phosphide

UN2011

Potassium phosphide

UN2012

Strontium phosphide

UN2013

Potassium

UN2257

Aluminum hydride

UN2463

Lithium nitride

UN2806

Water-reactive solid, n.o.s

UN2813 (PG I)

Metallic substance, water-reactive, n.o.s

UN3208

Metallic substance, water-reactive, self-heating, n.o.s

UN3209

Alkali metal amalgam, solid

UN3401

Alkaline earth metal amalgams, solid

UN3402

Potassium, metal alloys, solid

UN3403

Potassium sodium alloys, solid

UN3404

•

Special provision W40.

Special provision W40 is removed from the following HMT entries:

UN1398 Aluminum silicon powder, uncoated

UN1403 Calcium cyanamide

with more than 0.1 percent of calcium carbide

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.

Recent revisions to the stowage categories for Class 1 goods greatly simplified the stowage categories, but increased the difficulty in shipping explosives as break bulk cargo. Some shippers have found it difficult to meet the new stowage categories, particularly stowage category 04, which requires shipment on deck in a closed cargo transport unit or under deck in a closed cargo transport unit. Many of the items contained in these shipments are large and robust articles and are difficult to pack in a closed cargo transport unit. This has resulted in unnecessary delays and added expense.

The following table addresses this issue through modification of the stowage categories for individual UN numbers for which under deck stowage

was previously permitted prior to Amendment 36-12 of the IMDG Code. Table 2 contains the proposed changes listed in numerical order by UN identification number and additionally lists the proper shipping name, the current column (10A) entry, and the proposed column (10A) entry.

Table 2

Proper shipping name

UN No.

Current code

column

(10a)

Proposed code column

(10a)

Cartridges for weapons,

with bursting charge

0005

Cartridges for weapons,

with bursting charge

0006

Cartridges for weapons,

with bursting charge

0007

Bombs,

with bursting charge

0033

Bombs,

with bursting charge

0034

Bombs,

with bursting charge

0035

Bombs, photo-flash

0037

Bombs, photo-flash

0038

Boosters,

without detonator

0042

Bursters,

explosive

0043

Charges, demolition

0048

Charges, depth

0056

Charges, shaped,

without detonator

0059

Charges, supplementary explosive

0060

Cord, detonating,

flexible

0065

Fracturing devices, explosive,

without detonators for oil wells

0099

Cord, detonating

Fuze, detonating

metal clad

0102

Jet perforating guns, charged

oil well without detonator

0124

Mines

with bursting charge

0136

Mines

with bursting charge

0137

Mines

with bursting charge

0138

Projectiles,

with bursting charge

0167

Projectiles,

with bursting charge

0168

Projectiles,

with bursting charge

0169

Rockets,

with bursting charge

0180

Rockets,

with bursting charge

0181

Rockets,

with bursting charge

0182

Rockets,

with inert head

0183

Rocket motors

0186

Sounding devices, explosive

0204

Warheads, torpedo

with bursting charge

0221

Charges, propelling, for cannon

0242

Charges, propelling

0271

Charges, propelling

0272

Cartridges, power device

0275

Cartridges, oil well

0277

Charges, propelling, for cannon

0279

Rocket motors

0280

Boosters,

without detonator

0283

Grenades,

hand or rifle, with bursting charge

0284

Grenades,

hand or rifle, with bursting charge

0285

Warheads, rocket

with bursting charge

0286

Warheads, rocket

with bursting charge

0287

Cord, detonating

Fuze, detonating

metal clad

0290

Bombs,

with bursting charge

0291

Grenades,

hand or rifle, with bursting charge

0292

Grenades,

hand or rifle, with bursting charge

0293

Mines

with bursting charge

0294

Rockets,

with bursting charge

0295

Sounding devices, explosive

0296

Cartridges for weapons,

with bursting charge

0321

Projectiles,

with bursting charge

0324

Cartridges for weapons, blank

0326

Cartridges for weapons, blank

Cartridges, small arms, blank

0327

Cartridges for weapons, inert projectile

0328

Torpedoes

with bursting charge

0329

Torpedoes

with bursting charge

0330

Projectiles,

with burster or expelling charge

0346

Cartridges for weapons,

with bursting charge

0348

Warheads, rocket

with bursting charge

0369

Warheads, rocket

with burster or expelling charge

0371

Sounding devices, explosive

0374

Sounding devices, explosive

0375

Cartridges, power device

0381

Fuzes, detonating,

with protective features

0408

Fuzes, detonating,

with protective features

0409

Cartridges for weapons, blank

0413

Charges, propelling, for cannon

0414

Charges, propelling

0415

Cartridges for weapons, inert projectile

Cartridges, small arms

0417

Projectiles,

with burster or expelling charge

0426

Projectiles,

with burster or expelling charge

0427

Rockets,

with expelling charge

0436

Rockets,

with expelling charge

0437

Charges, shaped

, without detonator

0439

Charges, explosive, commercial

without detonator

0442

Charges, explosive, commercial

without detonator

0443

Cases, combustible, empty, without primer

0447

Torpedoes

with bursting charge

0451

Charges, bursting, plastics bonded

0457

Charges, bursting, plastics bonded

0458

Articles, explosive, n.o.s.

0462

Articles, explosive, n.o.s.

0463

Articles, explosive, n.o.s.

0464

Articles, explosive, n.o.s.

0465

Articles, explosive, n.o.s.

0466

Articles, explosive, n.o.s.

0467

Articles, explosive, n.o.s.

0468

Articles, explosive, n.o.s.

0469

Articles, explosive, n.o.s.

0470

Articles, explosive, n.o.s.

0472

Rockets,

with inert head

0502

Consistent with changes to Amendment 39-18 of the IMDG Code, PHMSA proposes numerous changes to the special stowage and segregation provisions [Other provisions] indicated in column (10B) of the HMT.

Amendment 39-18 of the IMDG Code amended multiple entries to ensure proper segregation between acids and both amines and cyanides. Amines react dangerously with acids, evolving heat, and the heat of reaction has the potential to generate corrosive vapors. Cyanides react with acids to generate toxic vapors. However, current vessel segregation requirements are inconsistent. Therefore, PHMSA proposes to apply stowage codes 52, 53, and 58—which require stowage “separated from acids,” “separated from alkaline compounds”, and “separated from cyanides,” respectively—to column 10B of the HMT, as shown in Table 3, below.

Consistent with changes adopted in Amendment 39-18 of the IMDG Code, PHMSA proposes to add existing stowage codes 12 and 25 to entries in the HMT. Vessel stowage code 12 requires keeping the cargo as cool as reasonably practicable. Vessel stowage code 25 requires protecting shipments from sources of heat. PHMSA proposes to add codes 12 and 25 to Nitrocellulose with alcohol

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

UN 2556. The addition of these two vessel stowage codes will help ensure that nitrocellulose is stowed so as to keep it as cool as practicable during transportation and to avoid possible loss of stabilization material in packages. Additionally, PHMSA proposes to add stowage code 25 to Dipropylamine, UN 2383 consistent with changes adopted in Amendment 39-18 of the IMDG Code.

PHMSA proposes to add vessel stowage codes to multiple HMT entries for uranium hexafluoride. In a previous final rule [Docket No. PHMSA-2015-0273 (HM-215N); 82 FR 15796] a subsidiary hazard of 6.1 was added to the UN 2977 and UN 2978 Uranium hexafluoride entries, and the primary hazard for UN 3507, Uranium hexafluoride, radioactive material, excepted package was changed from 8 to 6.1. Consequential amendments to the stowage and segregation requirements codes for these materials were not addressed at the time of these changes in the IMDG Code or the HMR. In this NPRM, PHMSA is proposing to add existing vessel stowage code 74 and new vessel stowage code 151 to UN 2977 and UN 2978. Additionally, PHMSA proposes to add new vessel stowage code 152 to UN 3507. Stowage code 74 requires stowage separated from oxidizers. See section by section discussion on proposed changes to § 176.84 for a description of stowage code 151 and 152. These proposed amendments are necessary to ensure appropriate stowage and segregation provisions that account for the subsidiary and tertiary hazards of these commodities.

Finally, we propose to add new stowage provision 154 and assign it to the NA 0123, NA 0494, UN 0494, and UN 0124 jet perforating gun HMT entries. This proposed new stowage provision indicates that notwithstanding the stowage category assigned to the entries in the HMT, jet perforating guns may be stowed in accordance with the provisions of packing instruction US 1 in § 173.62. See the discussion on stowage provision 154 in the § 176.84 section by section portion of this rulemaking.

Table 3

Proper shipping name

UN No.

Addition(s)

Jet perforating guns, charged

oil well, with detonator

NA0124

154

Jet perforating guns, charged

oil well, without detonator

UN0124

154

Jet perforating guns, charged

oil well, with detonator

NA0494

154

Jet perforating guns, charged

oil well, without detonator

UN0494

154

Dimethylamine, anhydrous

UN1032

Ethylamine

UN1036

Hydrogen fluoride, anhydrous

UN1052

53, 58

Methylamine, anhydrous

UN1061

Trimethylamine, anhydrous

UN1083

Amylamines

UN1106 PG II & III

n-Butylamine

UN1125

Diethylamine

UN1154

Diisopropylamine

UN1158

Ethyl chloroformate

UN1182

53, 58

Ethyldichlorosilane

UN1183

53, 58

Isobutylamine

UN1214

Isopropylamine

UN1221

Methyl chloroformate

UN1238

53, 58

Methyldichlorosilane

UN1242

53, 58

Methyltrichlorosilane

UN1250

53, 58

Propylamine

UN1277

Trichlorosilane

UN1295

53, 58

Trimethylamine, aqueous solutions

with not more than 50 percent trimethylamine by mass

UN1297 all PG's

Trimethylchlorosilane

UN1298

53, 58

Vinyltrichlorosilane

UN1305

53, 58

Cacodylic acid

UN1572

53, 58

Dimethyl sulfate

UN1595

53, 58

Acetic anhydride

UN1715

53, 58

Acetyl bromide

UN1716

53, 58

Acetyl chloride

UN1717

53, 58

Butyl acid phosphate

UN1718

53, 58

Allyl chloroformate

UN1722

53, 58

Allyl iodide

UN1723

53, 58

Allyltrichlorosilane, stabilized

UN1724

53, 58

Aluminum bromide, anhydrous

UN1725

53, 58

Aluminum chloride, anhydrous

UN1726

53, 58

Ammonium hydrogendifluoride, solid

UN1727

53, 58

Amyltrichlorosilane

UN1728

53, 58

Anisoyl chloride

UN1729

53, 58

Antimony pentachloride, liquid

UN1730

53, 58

Antimony pentachloride, solutions

UN 1731 all PG's

53, 58

Antimony pentafluoride

UN1732

53, 58

Antimony trichloride, liquid

and

solid

UN1733

53, 58

Benzoyl chloride

UN1736

53, 58

Benzyl bromide

UN1737

53, 58

Benzyl chloride

and

Benzyl chloride

unstabilized

UN1738

53, 58

Benzyl chloroformate

UN1739

53, 58

Hydrogendifluoride, solid, n.o.s

UN1740 all PG's

53, 58

Boron trifluoride acetic acid complex, liquid

UN1742

53, 58

Boron trifluoride propionic acid complex, liquid

UN1743

53, 58

Bromine solutions

UN1744 all entries

53, 58

Bromine pentafluoride

UN1745

53, 58

Bromine trifluoride

UN1746

53, 58

Butyltrichlorosilane

UN1747

53, 58

Chloroacetic acid, solution

UN1750

53, 58

Chloroacetic acid, solid

UN1751

53, 58

Chloroacetyl chloride

UN1752

53, 58

Chlorophenyltrichlorosilane

UN1753

53, 58

Chlorosulfonic acid (with or without sulfur trioxide)

UN1754

53, 58

Chromic acid solution

UN1755 all PG's

53, 58

Chromic fluoride, solid

UN1756

53, 58

Chromic fluoride, solution

UN1757 all PG's

53, 58

Chromium oxychloride

UN1758

53, 58

Cupriethylenediamine solution

UN1761 all PG's

Cyclohexenyltrichlorosilane

UN1762

53, 58

Cyclohexyltrichlorosilane

UN1763

53, 58

Dichloroacetic acid

UN1764

53, 58

Dichloroacetyl chloride

UN1765

53, 58

Dichlorophenyltrichlorosilane

UN1766

53, 58

Diethyldichlorosilane

UN1767

53, 58

Difluorophosphoric acid, anhydrous

UN1768

53, 58

Diphenyldichlorosilane

UN1769

53, 58

Diphenylmethyl bromide

UN1770

53, 58

Dodecyltrichlorosilane

UN1771

53, 58

Ferric chloride, anhydrous

UN1773

53, 58

Fluoroboric acid

UN1775

53, 58

Fluorophosphoric acid anhydrous

UN1776

53, 58

Fluorosulfonic acid

UN1777

53, 58

Fluorosilicic acid

UN1778

53, 58

Formic acid with more than 85% acid by mass

UN1779

53, 58

Fumaryl chloride

UN1780

53, 58

Hexadecyltrichlorosilane

UN1781

53, 58

Hexafluorophosphoric acid

UN1782

53, 58

Hexamethylenediamine solution

UN1783 all PG's

Hexyltrichlorosilane

UN1784

53, 58

Hydrofluoric acid and Sulfuric acid mixtures

UN1786

53, 58

Hydrobromic acid,

with more than 49 percent hydrobromic acid

UN1788 all PG's

53, 58

Hydrochloric acid

UN1789 all PG's

53, 58

Hydrofluoric acid

UN1790 all PG's

53, 58

Hypochlorite solutions

UN1791 all PG's

53, 58

Iodine monochloride, solid

UN1792

53, 58

Isopropyl acid phosphate

UN1793

53, 58

Lead sulfate

with more than 3 percent free acid

UN1794

53, 58

Nitrating acid mixtures

UN1796 all PG's

53, 58

Nitrohydrochloric acid

UN1798

53, 58

Nonyltrichlorosilane

UN1799

53, 58

Octadecyltrichlorosilane

UN1800

53, 58

Octyltrichlorosilane

UN1801

53, 58

Perchloric acid

with not more than 50 percent acid by mass

UN1802

53, 58

Phenolsulfonic acid, liquid

UN1803

53, 58

Phenyltrichlorosilane

UN1804

53, 58

Phosphoric acid solution

UN1805

53, 58

Phosphorus pentachloride

UN1806

53, 58

Phosphorus pentoxide

UN1807

53, 58

Phosphorus tribromide

UN1808

53, 58

Phosphorus trichloride

UN1809

53, 58

Phosphorous oxychloride

UN1810

53, 58

Potassium hydrogendifluoride solid

UN1811

53, 58

Propionyl chloride

UN1815

53, 58

Propyltrichlorosilane

UN1816

53, 58

Pyrosulfuryl chloride

UN1817

53, 58

Silicon tetrachloride

UN1818

53, 58

Nitrating acid mixtures, spent

UN1826 all PG's

53, 58

Stannic chloride, anhydrous

UN1827

53, 58

Sulfur chlorides

UN1828

53, 58

Sulfur trioxide, stabilized

UN1829

53, 58

Sulfuric acid with more than 51 percent acid

UN1830

53, 58

Sulfuric acid, fuming

with less than 30 percent free sulfur trioxide

UN1831

53, 58

Sulfuric acid, fuming

with 30 percent or more free sulfur trioxide

UN1831

53, 58

Sulfuric acid, spent

UN1832

53, 58

Sulfurous acid

UN1833

53, 58

Sulfuryl chloride

UN1834

53, 58

Thionyl chloride

UN1836

53, 58

Thiophosphoryl chloride

UN1837

53, 58

Titanium tetrachloride

UN1838

53, 58

Trichloroacetic acid

UN1839

53, 58

Zinc chloride, solution

UN1840

53, 58

Propionic acid

with not less than 10% and less than 90% acid by mass

UN1848

53, 58

Perchloric acid

with more than 50 percent but not more than 72 percent acid, by mass

UN1873

53, 58

Acetyl iodide

UN1898

53, 58

Diisooctyl acid phosphate

UN1902

53, 58

Selenic acid

UN1905

53, 58

Sludge, acid

UN1906

53, 58

Bromoacetic acid solution

UN1938 all PG's

53, 58

Phosphorus oxybromide

UN1939

53, 58

Thioglycolic acid

UN1940

53, 58

Nitric acid

other than red fuming

UN2031 all entries

53, 58

Nitric acid, red fuming

UN2032

53, 58

2-Dimethylaminoethanol

UN2051

Phthalic anhydride

with more than .05 percent maleic anhydride

UN2214

53, 58

Maleic anhydride

UN2215 all entries

53, 58

Acrylic acid, stabilized

UN2218

53, 58

Benzotrichloride

UN2226

53, 58

Chromosulfuric acid

UN2240

53, 58

Di-n-butylamine

UN2248

1,2-Propylenediamine

UN2258

Tripropylamine

UN2260

Dimethylcarbamoyl chloride

UN2262

53, 58

N,N-Dimethylcyclohexylamine

UN2264

Dimethyl-N-propylamine

UN2266

Dimethyl thiophosphoryl chloride

UN2267

53, 58

3,3′-Iminodipropylamine

UN2269

2-Ethylhexylamine

UN2276

Hexamethylenediamine, solid

UN2280 all PG's

Isophoronediamine

UN2289

Nitrobenzenesulfonic acid

UN2305

53, 58

Nitrosylsulfuric acid, liquid

UN2308

53, 58

Trimethylcyclohexylamine

UN2326

Trimethylhexamethylenediamines

UN2327

Zinc chloride, anhydrous

UN2331

53, 58

Allylamine

UN2334

Butyryl chloride

UN2353

53, 58

Cyclohexylamine

UN2357

Diallylamine

UN2359

Diisobutylamine

UN2361

Dipropylamine

UN2383

25, 52

Isobutyryl chloride

UN2395

53, 58

Isopropyl chloroformate

UN2407

53, 58

Dibenzyldichlorosilane

UN2434

53, 58

Ethylphenyldichlorosilane

UN2435

53, 58

Methylphenyldichlorosilane

UN2437

53, 58

Trimethylacetyl chloride

UN2438

53, 58

Sodium hydrogendifluoride

UN2439

53, 58

Stannic chloride pentahydrate

UN2440

53, 58

Trichloroacetyl chloride

UN2442

53, 58

Vanadium oxytrichloride

UN2443

53, 58

Vanadium tetrachloride

UN2444

53, 58

Vanadium trichloride

UN2475

53, 58

Iodine pentafluoride

UN2495

53, 58

Propionic anhydride

UN2496

53, 58

Valeryl chloride

UN2502

53, 58

Zirconium tetrachloride

UN2503

53, 58

Ammonium hydrogen sulfate

UN2506

53, 58

Chloroplatinic acid, solid

UN2507

53, 58

Molybdenum pentachloride

UN2508

53, 58

Potassium hydrogen sulfate

UN2509

53, 58

2-Chloropropionic acid

UN2511

53, 58

Bromoacetyl bromide

UN2513

Furfurylamine

UN2526

Methacrylic acid, stabilized

UN2531

53, 58

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

12, 25

Trichloroacetic acid, solution

UN2564 all PG's

53, 58

Dicyclohexylamine

UN2565

Alkylsulfuric acids

UN2571

53, 58

Phosphorus oxybromide, molten

UN2576

53, 58

Phenylacetyl chloride

UN2577

53, 58

Phosphorus trioxide

UN2578

53, 58

Aluminum bromide, solution

UN2580

53, 58

Aluminum chloride, solution

UN2581

53, 58

Ferric chloride, solution

UN2582

53, 58

Alkyl sulfonic acids, solid

Aryl sulfonic acids, solid,

with more than 5 percent free sulfuric acid

UN2583

53, 58

Alkyl sulfonic acids, liquid

Aryl sulfonic acids, liquid

with more than 5 percent free sulfuric acid

UN2584

53, 58

Alkyl sulfonic acids, solid

Aryl sulfonic acids, solid

with not more than 5 percent free sulfuric acid

UN2585

53, 58

Alkyl sulfonic acids, liquid

Aryl sulfonic acids, liquid

with not more than 5 percent free sulfuric acid

UN2586

53, 58

Boron trifluoride diethyl etherate

UN2604

53, 58

Triallylamine

UN2610

Benzyldimethylamine

UN2619

Chloric acid aqueous solution,

with not more than 10 percent chloric acid

UN2626

Fluoroacetic acid

UN2642

53, 58

Cyanuric chloride

UN2670

53, 58

3-Diethyamino-propylamine

UN2684

N,N-Diethylethylenediamine

UN2685

2-Diethylaminoethanol

UN2686

Phosphorus pentabromide

UN2691

Boron tribromide

UN2692

53, 58

Tetrahydrophthalic anhydrides

with more than 0.05 percent of maleic anhydride

UN2698

53, 58

Trifluoroacetic acid

UN2699

53, 58

Butyric anhydride

UN2739

53, 58

n-Propyl chloroformate

UN2740

53, 58

Chloroformates, toxic, corrosive, flammable, n.o.s

UN2742

53, 58

n-Butyl chloroformate

UN2743

53, 58

Cyclobutyl chloroformate

UN2744

53, 58

Chloromethyl chloroformate

UN2745

53, 58

Phenyl chloroformate

UN2746

53, 58

2-Ethylhexyl chloroformate

UN2748

53, 58

Diethylthiophosphoryl chloride

UN2751

53, 58

Acetic acid, glacial

Acetic acid solution,

with more than 80 percent acid, by mass

UN2789

53, 58

Acetic acid solution

UN2790 all entries

53, 58

Batteries, wet, filled with acid,

electric storage

UN2794

53, 58

Sulfuric acid with not more than 51% acid

UN2796

53, 58

Phenyl phosphorus dichloride

UN2798

53, 58

Phenyl phosphorus thiodichloride

UN2799

53, 58

Copper chloride

UN2802

53, 58

N-Aminoethylpiperazine

UN2815

Ammonium hydrogendifluoride, solution

UN2817 all PG's

53, 58

Amyl acid phosphate

UN2819

53, 58

Butyric acid

UN2820

53, 58

Crotonic acid, solid

UN2823

53, 58

Ethyl chlorothioformate

UN2826

53, 58

Caproic acid

UN2829

53, 58

Phosphorous acid

UN2834

53, 58

Di-n-amylamine

UN2841

Boron trifluoride dihydrate

UN2851

53, 58

Hydroxylamine sulfate

UN2865

52, 53, 58

Titanium trichloride mixtures

UN2869 all PG's

53, 58

Selenium oxychloride

UN2879

53, 58

N-Methylbutylamine

UN2945

Sulfamic acid

UN2967

53, 58

Radioactive material, uranium hexafluoride

non fissile or fissile-excepted

UN2978

74, 151

Radioactive material, uranium hexafluoride, fissile

UN2977

74, 151

Chlorosilanes, flammable, corrosive, n.o.s

UN2985

53, 58

Chlorosilanes, corrosive, flammable, n.o.s

UN2986

53, 58

Chlorosilanes, corrosive, n.o.s

UN2987

53, 58

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

UN2988

53, 58

2-(2-Aminoethoxy) ethanol

UN3055

Methanesulfonyl chloride

UN3246

53, 58

Chloroacetic acid, molten

UN3250

53, 58

Corrosive solid, acidic, inorganic, n.o.s

UN3260 all PG's

53, 58

Corrosive solid, acidic, organic, n.o.s

UN3261 all PG's

53, 58

Corrosive liquid, acidic, inorganic, n.o.s

UN3264 all PG's

53, 58

Corrosive liquid, acidic, organic, n.o.s

UN3265 all PG's

53, 58

Chloroformates, toxic, corrosive, n.o.s

UN3277

53, 58

Chlorosilanes, toxic, corrosive, n.o.s

UN3361

53, 58

Chlorosilanes, toxic, corrosive, flammable, n.o.s

UN3362

53, 58

Formic acid

UN3412 all PG's

53, 58

Boron trifluoride acetic acid complex, solid

UN3419

53, 58

Boron trifluoride propionic acid complex, solid

UN3420

53, 58

Potassium hydrogendifluoride solution

UN3421 all PG's

53, 58

Bromoacetic acid, solid

UN3425

53, 58

Phosphoric acid, solid

UN3453

53, 58

Nitrosylsulphuric acid, solid

UN3456

53, 58

Propionic acid

with not less than 90% acid by mass

UN3463

53, 58

Crotonic acid, liquid

UN3472

53, 58

Iodine monochloride, liquid

UN3498

53, 58

Uranium hexafluoride, radioactive material, excepted package,

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

UN3507

152

Appendix B to § 172.101

Appendix B to § 172.101 lists marine pollutants regulated under the HMR. Based on test data submitted to PHMSA, the USCG, and the IMO, Amendment 39-18 of the IMDG Code was updated to indicate that 1-dodecene is not a marine pollutant. In this NPRM, PHMSA is proposing to amend the entry for “Dodecene” in the list of marine pollutants in appendix B to § 172.101 to indicate that 1-dodecene is not a marine pollutant, and as a result, shipments of 1-dodecene are not subject to the provisions of the HMR applicable to marine pollutants.

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 132.

This special provision prescribes conditions for use of description “UN 2071, Ammonium nitrate based fertilizer, Class 9.” As the composition limits and requirement on self-sustaining decomposition were replaced by a flow chart in sub-section 39.5 of the new Manual of Tests and Criteria, part III, section 39, the corresponding UN Model Regulations special provision 193 was revised by removing the specific conditions and making a reference to the applicable section of the UN Manual of Tests and Criteria. Consistent with these changes to the UN Model Regulations, in this NPRM, PHMSA is proposing to revise special provision 132 by removing the specific conditions applicable to use of this description and clarifying that UN 2071 may only be used for ammonium nitrate-based compound fertilizers and that they must be classified in accordance with the procedure as set out in the Manual of Tests and Criteria, part III, section 39.

•

Special provision 150.

This special provision prescribes conditions for use of description “UN 2067, Ammonium nitrate based fertilizer, Division 5.1.” As the composition limits were replaced by a flow chart in sub-section 39.5 of the new Manual of Tests and Criteria, part III, section 39, the corresponding UN Model Regulations special provision 307 was revised by removing the specific conditions and making a reference to the applicable section of the UN Manual of Tests and Criteria. Consistent with these changes to the UN Model Regulations, in this NPRM, PHMSA is proposing to revise special provision 150 by removing the specific conditions applicable to use of this description by clarifying that UN 2067 may only be used for ammonium nitrate-based fertilizers and that they must be classified in accordance with the procedure as set out in the Manual of Tests and Criteria, part III, section 39.

•

Special provision 238.

Special provision 238 prescribes requirements for neutron radiation detectors containing boron trifluoride. In a final rule published under Docket Number PHMSA 2015-0273 (HM-215N) [82 FR 15795], special provision 238 was revised to align with special provision 373 of the UN Model Regulations. In reformatting the special provision for alignment, several of the preexisting references to paragraphs within the special provision were not revised accordingly. Specifically, in this NPRM, PHMSA is proposing to remove the first instance of the text “a.” in the introductory text as it is not necessary and inadvertently results in two paragraphs with the same letter header. In paragraph e, the references to preceding paragraphs within the special provision are revised from a(1), a(2), and a(3) to a, b, and c, respectively.

•

Special provision 325.

Consistent with a pre-existing Special provision 325 in the UN Model Regulations, PHMSA proposes to add new special provision 325 to assist shippers of this material by clarifying that in the case of non-fissile or fissile-excepted uranium hexafluoride, the material must be classified as “UN2978 Radioactive material, uranium hexafluoride

non fissile or fissile-excepted.”.

In this NPRM, PHMSA proposes to assign Special provision 325 to the following entries to aid shippers:

UN2912 Radioactive material, low specific activity (LSA-I)

non fissile or fissile-excepted

UN2913 Radioactive material, surface contaminated objects (SCO-I or SCO-II),

non-fissile or fissile excepted

UN2915 Radioactive material, Type A package

non-special form, non fissile or fissile-excepted

UN2916 Radioactive material, Type B(U) package

non fissile or fissile-excepted

UN2917 Radioactive material, Type B(M) package

non fissile or fissile-excepted

UN2919 Radioactive material, transported under special arrangement,

non fissile or fissile excepted

UN3321 Radioactive material, low specific activity (LSA-II)

non fissile or fissile-excepted

UN3322 Radioactive material, low specific activity (LSA-III)

non fissile or fissile excepted

•

Special provision 347.

Special provision 347 restricts the use of certain HMT entries classed as Division 1.4S explosive materials to those articles successfully passing Test series 6(d) of Part I of the UN Manual of Tests and Criteria. A Division 1.4 explosive is defined as an explosive that presents a minor explosion hazard such that hazardous effects are confined to a package and no projection of fragments of appreciable size or range are expected; and that an external fire must not cause virtually instantaneous explosion of almost the entire contents of a package containing a Division 1.4 explosive. Explosive articles or substances are assigned to Division 1.4, Compatibility Group S (1.4S) if hazardous effects are confined within a package or the blast and projection effects do not significantly hinder emergency response efforts.

Special provision 347 is presently assigned to eight (8) Division 1.4S entries in the HMT including shaped charges, detonators, power device cartridges, detonator assemblies, and plastic bonded bursting charges. Following a review of other Division 1.4S entries, the UN Working Group on Explosives supported applying Special provision 347 to entries for articles and substances whose classification as 1.4S that are generic “not otherwise specified” (n.o.s.) and to UN 0367 (Fuzes, detonating) that are normally package dependent, noting that generic entries normally warrant more systematic testing. Therefore, in this NPRM, consistent with the UN Model Regulations, PHMSA proposes to add special provision 347 to the following entries:

UN0349 Articles, explosives, n.o.s.

UN0367 Fuzes, detonating

UN0384 Components, explosive train, n.o.s.

UN0481 Substances, explosive, n.o.s.

PHMSA requests comments on whether this proposed provision—to add special provision 347 to the four entries—is likely to have net benefits.

•

Special provision 368.

Special provision 368 prescribes requirements for non-fissile or fissile-excepted uranium hexafluoride that must be described as UN3507 or UN2978, as appropriate. Based on an informal working paper submitted at the 50th session of the UN SCOE on the Transport of Dangerous Goods that highlighted potential errors in the 19th revised edition of the Model Regulations, it was agreed that Special provision 368 should have been assigned to “UN 2908, Radioactive material, excepted package—empty packaging” because empty uncleaned packagings containing residues of non-fissile or fissile-excepted uranium hexafluoride should be classified under UN3507 or UN2978 as appropriate. Therefore, in this NPRM, PHMSA proposes to assign special provision 368 to the following entry to aid shippers: UN2908 Radioactive material, excepted package—empty packaging.

•

Special provision 369.

Special provision 369 prescribes requirements for UN3507, Uranium hexafluoride, radioactive material, excepted package,

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

In this NPRM, PHMSA proposes to revise the first sentence of the special provision for

editorial clarity by replacing the words “a radioactive material and corrosive subsidiary risk” with “radioactivity and corrosive subsidiary risks.”

•

Special provision 383.

PHMSA proposes to remove special provision 383 which allows certain high viscosity flammable liquids, when offered for transportation by motor vehicle, to be reassigned to Packing Group III when packaged in UN metal drums with a capacity not exceeding 220 L (58 gallons). Proposed amendments to § 173.121 in this NPRM, if adopted, would provide a larger capacity package, additional packaging options, and more modes of transport (all modes except air). PHMSA believes these amendments to § 173.121 provide more regulatory relief than the existing provisions of special provision 383, and thus are proposing the deletion of special provision 383 and the removal of the special provision from the HMT for those entries to which it is assigned.

•

Special provision 388.

Consistent with the UN Model Regulations, PHMSA proposes to add new special provision 388, which prescribes requirements for lithium batteries containing both primary lithium metal cells and rechargeable lithium ion cells that are not designed to be externally charged and for which the existing provisions for lithium batteries do not adequately address. Such batteries must meet the following conditions: (1) The rechargeable lithium ion cells can only be charged from the primary lithium metal cells; (2) Overcharge of the rechargeable lithium ion cells is precluded by design; (3) The battery has been tested as a primary lithium battery; and (4) Component cells of the battery must be of a type proved to meet the respective testing requirements of the UN Manual of Tests and Criteria, part III, subsection 38.3. Lithium batteries conforming to special provision 388 must be assigned to UN Nos. 3090 or 3091, as appropriate. When such batteries are transported in accordance with § 173.185(c), the total lithium content of all lithium metal cells contained in the battery must not exceed 1.5 g and the total capacity of all lithium ion cells contained in the battery must not exceed 10 Wh.

•

Special provision 389.

In conjunction with the new HMT entry “UN3536, Lithium batteries installed in cargo transport unit

lithium ion batteries or lithium metal batteries,”

PHMSA proposes to add new special provision 389, which prescribes requirements for lithium ion batteries or lithium metal batteries installed in a cargo transport unit and designed only to provide power external to the cargo transport unit. As explained in working paper submitted at the 48

session of the UN SCOE on the Transport of Dangerous Goods: “These units generally consist of banks of lithium ion or lithium metal batteries, electrically connected and with the necessary battery management systems, which are secured to racks, cabinets, or similar structures which, in turn, are securely attached to the interior structure of closed cargo transport units (typically either freight containers or freight vehicles). Thus, in effect, the closed cargo transport unit is the casing for a very large lithium battery. These battery systems are used in a variety of electric grid and similar applications, such as storage of energy generated by farms of large wind turbines, and also as a source for emergency power”.

This proposed special provision which captures many of the safety elements included in previous approvals issued by PHMSA would specify that the lithium batteries must meet the requirements of § 173.185(a) and contain the necessary systems to prevent overcharge and over discharge between the batteries. The batteries inside the cargo transport unit are not subject to marking or labelling requirements of part 172 subparts D and E of this subchapter. The cargo transport unit shall display the UN number in a manner in accordance with § 172.332 of this subchapter and be placarded on two opposing sides.

The batteries must be securely attached to the interior structure of the cargo transport unit (

e.g.,

by means of placement in racks, cabinets, etc.) in such a manner as to prevent short circuits, accidental operation, and significant movement relative to the cargo transport unit under the shocks, loadings, and vibrations normally incidental to transport. Further, hazardous materials necessary for the safe and proper operation of the cargo transport unit (

e.g.,

fire extinguishing systems and air conditioning systems), must be properly secured to or installed in the cargo transport unit and are not otherwise subject to this subchapter. Lastly, hazardous materials not necessary for the safe and proper operation of the cargo transport unit must not be transported within the cargo transport unit.

•

Special provision 391.

As part of the classification and packaging framework for “Articles containing dangerous goods” proposed in this rulemaking, PHMSA proposes to add new special provision 391, which prohibits articles containing certain high-hazard materials of Division 2.3, Division 4.2, Division 4.3, Division 5.1, Division 5.2, or Division 6.1 (substances with a inhalation toxicity of Packing Group I) and articles containing more than one of the following hazards from being offered for transport or transported, except under conditions approved by the Associate Administrator for Hazardous Materials Safety: (1) Gases of Class 2; (2) Liquid desensitized explosives of Class 3; or (3) Self-reactive substances and solid desensitized explosives of Division 4.1.

•

Special provision 422.

PHMSA proposes revising special provision 422 to remove the transition period authorizing lithium battery Class 9 labels conforming to requirements in place on December 31, 2016 to continue to be used until December 31, 2018.

•

Special provision A56.

Special provision A56 prescribes requirements for radioactive materials with subsidiary hazards when transported by aircraft. In this NPRM, PHMSA proposes to revise special provision A56 consistent with the revisions made to special provision A78 in the 2019-2020 ICAO Technical Instructions. Specifically, the revisions provide guidance for when the subsidiary risk of a radioactive material is explicitly forbidden for transport on either a passenger or cargo-only aircraft.

•

Special provision A105.

PHMSA proposes to revise special provision A105, which prescribes requirements for the air transport of machinery or apparatus containing hazardous materials as an integral element of the machinery or apparatus. Where the quantity of hazardous materials contained as an integral element in machinery or apparatus exceeds the limits permitted for air transport in § 173.222, and the hazardous materials meet the provisions of § 173.222 for other than air transport, the machinery or apparatus may be transported by aircraft only with the prior approval of the Associate Administrator for Hazardous Materials Safety.

•

Special provision B136.

Consistent with the 20th Revised Edition of the UN Model Regulations, PHMSA proposes to add new special provision B136 that authorizes non-specification closed bulk bins for the following solid substances:

UN1363 Copra

UN1386 Seed cake,

UN1398 Aluminum silicon powder, uncoated

UN1435 Zinc ashes

UN2071 Ammonium nitrate based fertilizer

UN2216 Fish meal, stabilized

Fish scrap, stabilized

UN2217 Seed cake

with not more than 1.5 percent oil and not more than 11 percent moisture

UN2793 Ferrous metal borings

Ferrous metal shavings

Ferrous metal turnings

Ferrous metal cuttings

in a form liable to self-heating

•

Portable tank special provisions

PHMSA proposes to revise Portable Tank Special Provision TP10 to authorize a three-month extension for the transportation of bromine portable tanks for the purposes of performing the next required test—after emptying, but before cleaning.

•

Special provisions W31 and W32.

Special provision W32 currently requires non-bulk packagings to be hermetically sealed, except for solid fused material. Amendment 39-18 of the IMDG Code removed the qualifying text from the equivalent special packaging provision. Discussions at the International Maritime Organization noted that when a substance evolves in contact with water flammable gases at the rate and quantity meeting the classification requirements for a Division 4.3 material, that there is no safety justification to permit their transportation in packagings which are not hermetically sealed. In Amendment 39-18, the text “except for solid fused material” was removed from special packing provision PP31 in packing instruction P403. PHMSA agrees, and in this NPRM we are proposing deleting special provision W32 and assigning W31, which requires non-bulk packagings to be hermetically sealed regardless of the form of the material.

•

Special provision W40.

Special provision W40 prohibits the use of non-bulk bags. This requirement typically applies to solid substances in Packing Group II. Consistent with changes made in Amendment 39-18 of the IMDG Code, PHMSA is proposing that Special provision W40 be removed from the following HMT entries:

UN1396/(PG III) Aluminum powder, uncoated

UN1398 Aluminum silicon powder, uncoated

UN1403 Calcium cyanamide

with more than 0.1 percent of calcium carbide

UN1405/(PG III) Calcium silicide

U3208/(PG III) Metallic substance, water-reactive, n.o.s.

Additionally, PPHMSA is proposing to add special provision W40 to the following HMT entries:

UN1405/(PG II) Calcium silicide

UN3208/(PG II) Metallic substance, water-reactive, n.o.s.

Section 172.203

Section 172.203 prescribes additional description requirements for shipping papers. In this NPRM, PHMSA proposes to require, in revised § 172.203(o), that the words “TEMPERATURE CONTROLLED” be added to the proper shipping name if not already indicated in the HMT, when appropriate. This proposed amendment would provide notice to those in the transport chain that a material is being offered under temperature control. Additionally, PHMSA proposes to add polymerizing substances to the list of types of materials paragraph (o) additional documentation requirements apply to.

Section 172.407

Section 172.407 prescribes specifications for hazard communication labels. Consistent with changes made in Amendment 39-18 of the IMDG Code and the 2019-2020 ICAO Technical Instructions, PHMSA is proposing to amend paragraph (c)(1) to remove the requirement that the width of the solid line forming the inner border of labels must be at least 2 mm. Additionally, we are proposing to amend the requirement that the solid line inner border, currently required to be 5 mm inside and parallel to the edge, to include the word “approximately” before 5 mm. These changes provide flexibility for minor labeling variations that do not have an appreciable impact on transportation safety. Finally, paragraph (c)(1)(iii) which contains a transitional exception allowing for labels in conformance with the requirements of 49 CFR 172.407(c)(1) (revised as of October 1, 2014) to continue to be used until December 31, 2018, is removed and reserved.

Section 172.514

Section 172.514 prescribes placarding requirements and exceptions for a bulk packaging containing a hazardous material. The general placarding requirements prescribe that bulk packagings are to be placarded on each side and each end. Due to the form and shape (

e.g.,

round) of flexible bulk containers it is impractical to require placards on each side and each end. Consistent with the IMDG Code, in this NPRM, PHMSA is proposing to allow flexible bulk containers to be placarded in two opposing positions.

Section 172.604

Section 172.604 prescribes requirements for emergency response telephone numbers. Paragraph (d) identifies materials for which an emergency response telephone number is not required when offered for transportation. In a March 30, 2017 final rule [HM-215N; 82 FR 15795], PHMSA harmonized the HMR with international regulations by adopting separate HMT entries for internal combustion engines based on the fuel,

i.e.,

engine, internal combustion, flammable liquid powered and engine, internal combustion, flammable gas powered. Previously, a single HMT entry covered all engines. At that time, we did not amend § 172.604(d)(2) to ensure that “engines, internal combustion” offered under any of the new proper shipping names would continue to be excepted from the emergency response telephone requirements of § 172.604. In this NPRM, PHMSA proposes amending paragraph (d)(2) to list all possible proper shipping names for engines per the original intent.

Section 172.800

Section 172.800 prescribes the requirements for developing and implementing plans to address security risks related to the transportation of hazardous materials in commerce. During review of existing references that are incorporated by reference in the HMR it was noted that the IAEA Code of Conduct Category 1 and 2, while referenced in paragraph (b)(15) was not appropriately incorporated by reference (see § 171.7). In this NPRM, PHMSA is proposing to incorporate by reference the IAEA Code of Conduct on the Safety and Security of Radioactive Sources into paragraph (b)(15). Furthermore, we are proposing to revise a reference to known radionuclides in forms listed as RAM-QC by the Nuclear Regulatory Commission, to Nuclear Regulatory Commission, Category 1 and Category 2 radioactive materials as listed in Table 1, Appendix A to 10 CFR part 37. Lastly, we are listing the reference to Highway Route Controlled Quantities separately in this paragraph. This proposed amendment does not require the creation and retention of security plans by any new individuals, but simply incorporates by reference the appropriate IAEA reference and clarifies the existing requirement.

Part 173

Section 173.2a

Section 173.2a outlines classification requirements for materials having more than one hazard. PHMSA is proposing to amend paragraph (a) to indicate the appropriate classification precedence for the new “Articles” HMT entries

proposed in this NPRM. This change will give guidance to offerors and shippers using the new HMT entries numbers that do not conform to a single hazard class.

Section 173.6

Section 173.6 provides authorization for certain hazardous materials meeting the definition of a material of trade (MOT) to be transported by motor vehicle in conformance with this section and be excepted from all other requirements of this subchapter if certain quantity limitations, packaging provisions, and hazard communication requirements are met. In two recent rulemakings [HM-218H; 81 FR 35483] and [HM-215N; 82 FR 15795] PHMSA removed packing group assignments from Column (5) of the HMT for all organic peroxides (Division 5.2), self-reactive substances (Division 4.1), explosives (Class 1), and articles containing hazardous materials. This removal of an indication of packing group for these materials and articles has led to questions on the ability of these materials and articles to utilize the MOTs exceptions provided in § 173.6. Further, in this NPRM the addition of twelve new proper shipping names for articles is proposed. These proposed new proper shipping names are also not assigned a packing group. See “Section 172.101 Hazardous Materials Table (HMT)” for a detailed discussion of this proposal.

It was not the intention of these previous rulemakings or this NPRM to exclude these materials and articles from the ability to utilize the MOTs exceptions, provided the hazardous materials within the articles comply with the existing quantity limitations and other transport provisions of § 173.6. In this NPRM, PHMSA proposes to add a new paragraph (a)(7) to clarify that materials and articles for which Column (5) of the Hazardous Materials Table in § 172.101 does not indicate a packing group are authorized to utilize the MOTs exceptions as applicable, and indicate the appropriate quantity limits applicable to those materials in articles. In addition, PHMSA proposes to revise paragraph (b)(3) to clarify the securement requirement for the transportation of articles under the MOTS exceptions.

The packaging section 173.232 proposed in this NPRM for the new proper shipping names for articles requires packaging at the Packing Group II performance level. Non-specification packaging and transportation unpackaged is also authorized.

In addition, the two previous rulemakings removed packing groups from all organic peroxides (Division 5.2), self-reactive substances (Division 4.1), explosives (Class 1), and the specific articles indicated in Table 4 below. All articles and materials for which a packing group was recently removed from the HMT, the corresponding section referenced in Column (8) of the § 172.101 Table requires either packaging meeting Packing Group II or III performance level requirements or non-specification packaging is authorized. Thus, PHMSA believes clarifying that materials and articles that are not assigned a Packing Group in the HMT are eligible to utilize the MOTs exception, and indicating that the appropriate quantity limit for these materials and articles based on the PG II or PG III levels shown in § 173.6(a)(1)(ii) or as shown in § 173.6(a)(3) for articles containing Division 4.3 materials is appropriate to remove any doubt concerning MOTs applicability to these materials and articles.

Table 4

Proper shipping name

UN No.

Class/division

Ammunition, tear-producing, non-explosive, without burster or expelling charge, non-fuzed

UN2017

6.1

Ammunition, toxic, non-explosive, without burster or expelling charge, non-fuzed

UN2016

6.1

Batteries, containing sodium

UN3292

4.3

Lithium ion batteries

including lithium ion polymer batteries

UN3480

Lithium ion batteries contained in equipment

including lithium ion polymer batteries

UN3481

Lithium ion batteries packed with equipment

including lithium ion polymer batteries

UN3481

Lithium metal batteries

including lithium alloy batteries

UN3090

Lithium metal batteries contained in equipment

including lithium alloy batteries

UN3091

Lithium metal batteries packed with equipment

including lithium alloy batteries

UN3091

Mercury contained in manufactured articles

UN3506

Oxygen generator, chemical

(including when contained in associated equipment, e.g., passenger service units (PSUs), portable breathing equipment (PBE), etc).

UN3356

5.1

Safety devices,

electrically initiated

UN3268

Tear gas candles

UN1700

6.1

Section 173.62

Section 173.62 outlines specific packaging requirements for explosives. In paragraph (c), in the Table of Packing Methods, Packing Instruction US 1 containing packing instructions for jet perforating guns, PHMSA is proposing to increase the maximum authorized amount of explosive contents per tool pallet and cargo vessel compartment from 90.8 kg to 95 kg. These limits are consistent with a provision added to Amendment 39-18 of the IMDG Code authorizing jet perforating guns to be transported to or from offshore oil platforms, mobile offshore drilling units, and other offshore installations in offshore well tool pallets, cradles, or baskets. PHMSA notes that the amendments adopted in section 7.1.4.4.5 of Amendment 39-18 of the IMDG Code require both ends of jet perforating guns to be protected by means of steel end caps. PHMSA is not proposing to adopt this additional requirement for steel end caps noting the safe transportation record of these explosive articles under the existing requirements of the HMR.

Section 173.121

Section 173.121 provides criteria for the assignment of packing groups to Class 3 materials. Paragraph (b) provides criteria for viscous flammable liquids of Class 3 (

e.g.,

paints, enamels, lacquers, and varnishes) to be placed in packing group III on the basis of their viscosity, coupled with other criteria. Consistent with recent changes to the IMDG Code, PHMSA is proposing to amend paragraph (b)(1)(iii) to authorize a packaging capacity up to 450 L (119 gallons), an increase from the presently authorized 30 L. A working paper submitted to the IMO Sub-Committee on Carriage of Cargoes and Containers (CCC), noted that both the UN Model Regulations and The European Agreements Concerning the

International Carriage of Dangerous Goods by Road (ADR) and Rail (RID) allow receptacles up to 450 L, and that due to the nature of viscous materials (

e.g.

lower flow rate in the event of damage to a receptacle, and lower levels of solvent vapors) which present a lower fire risk than non-viscous flammable liquids there has been a history of safe transport of these materials by road and rail since the introduction of the provision. The working paper also explained that:

Recognizing that global transport of dangerous goods is inherently multi-modal, the harmonization of the IMDG Code with other modes will aid trade and reduce incidents of non-compliance due to misunderstandings. At the point of packing, the manufacturer will not know which route (by road/rail/inland waterway or sea) the package will take. This leads to the possibility of accidental consignment by sea of packages between 30 and 450 litres.

This proposed change would increase the allowed volume of viscous liquids in a single package and would be applicable to all modes except for air. Specifically, in this NPRM, PHMSA is proposing to increase the packaging limits for viscous flammable liquids of packing group II material that may be placed in packing group III. For transport by vessel, PHMSA proposes an increase from 30 L to 450 L. For transport by rail and highway, PHMSA proposes an increase from 100 L to 450 L. Consistent with the ICAO Technical Instructions, the packaging quantity limits to air will remain 30 L for passenger aircraft and 100 L for cargo aircraft.

Section 173.124

Section 173.124 contains definitions for Class 4, Divisions 4.1, 4.2, and 4.3. In this NPRM, PHMSA is proposing to amend paragraph (a)(4)(iv) to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019, to January 2, 2021. See the background section of this rulemaking for a more detailed discussion on polymerizing substances.

Section 173.127

Section 173.127 provides a definition and criteria for the assignment of packing groups for Division 5.1 Oxidizers. A new Section 39 in the UN Manual of Tests and Criteria was introduced containing all provisions for the classification of ammonium nitrate based fertilizers. As a consequence of the new section, existing text in both the Manual and the Model Regulations was amended or removed to avoid duplicative provisions in both publications. In this NPRM, PHMSA is proposing to revise the classification criteria for solid ammonium nitrate based fertilizers by requiring that they are classified in accordance with the procedures prescribed in the UN Manual of Tests and Criteria, Part III, Section 39. These proposed changes are not intended to result in changes to the current classification provisions for ammonium nitrate fertilizers, but rather consolidate the provisions for ease of use and prevent inadvertent misclassification.

Section 173.134

Section 173.134 provides definitions and exceptions for infectious substances. Consistent with the UN Model Regulations, PHMSA is proposing to revise the definition for “patient specimen” in paragraph (a)(4) by removing redundant references to humans and animals.

Section 173.136

Section 173.136 provides the definition for corrosive materials. In the UN Model Regulations, the definition for corrosive materials was revised to align with the current text in Chapter 3.2 of the UN GHS and the Organization for Economic Cooperation and Development (OECD) Test Guidelines for Testing of Chemicals. PHMSA is proposing to amend the definition in paragraph (a) for a corrosive material by replacing the text “full thickness destruction” with “irreversible damage.”

Section 173.137 and Appendix I to Part 173

Section 173.137 prescribes the requirements for assigning a packing group to Class 8 materials. Currently the HMR require offerors to classify Class 8 corrosive material and assign a packing group based on test data. The HMR authorize a skin corrosion test and various

in vitro

test methods that do not involve animal testing. However, data obtained from either currently authorized test is generally the only data acceptable for classification and assignment of a packing group. In this NPRM, consistent with changes to the UN Model Regulations, PHMSA proposes to include alternative packing group assignment methods for making a corrosivity classification determination for mixtures that do not involve testing. These proposed amendments include bridging principles and a calculation method for the classification of mixtures.

In a new paragraph (d), PHMSA proposes creating an alternative, tiered approach to classification and packing group assignment depending on how much information is available about the mixture itself, similar mixtures, and/or the mixture's ingredients. When sufficient data is available on similar mixtures to estimate skin corrosion hazards for bridging, the bridging principle method may be used to classify and assign a packing group. When no bridging data is available, the more conservative calculation method may be used. This tiered approach ensures an appropriate level of safety in situations where reliable data may not be available. These alternatives for classifying corrosive mixtures allow offerors the ability to make a classification and packing group assignment without having to conduct physical tests.

Additionally, the new corrosivity classification methods are much more closely aligned with those found in the UN GHS. However, not all GHS corrosivity classification methods were incorporated in the new UN Model Regulations corrosivity requirements. For example, the use of extreme pH values to assign corrosivity were not addressed in the UN Model Regulations, and as such are not proposed in this NPRM. Consistent with the proposed change to the definition of a corrosive material in § 173.136, PHMSA is proposing to replace all instances of the text “full thickness destruction” with “irreversible damage.” PHMSA is also proposing to add a new appendix I to part 173, containing a flow chart for use with the calculation method.

Finally, PHMSA is proposing to update the four existing OECD Guidelines currently incorporated by reference in this section to their 2015 versions (Test Nos. 404, 430, 431, and 435). OECD Guideline 404 and OECD Guideline 435 contain minor variations in the types of information to be recorded as a part of the test report in relation to the previously incorporated versions. OECD Guideline 430 and OECD Guideline 431 were updated to include a reference to a developed document on integrated approaches to testing and assessment. OECD Guideline 431.

Section 173.159

Section 173.159 prescribes requirements applicable to the transportation of electric storage batteries containing electrolyte acid or alkaline corrosive battery fluid (

i.e.,

wet batteries). Consistent with the UN Model Regulations, PHMSA is proposing several editorial amendments in paragraphs (a) and (d) to specify that electrically non-conductive packaging materials must be used and that contact

with other electrically conductive materials must be prevented.

Section 173.185

Section 173.185 prescribes requirements for lithium cells and batteries. The introductory paragraph defines terms as used in this section. In this NPRM, PHMSA is proposing to clarify in the introduction that a single cell battery is considered a “cell” and must be transported in accordance with the requirements for cells. In § 173.185(a), the HMR describe UN cell and battery design testing, general cell and battery design safety requirements, and packaging requirements. In this NPRM, PHMSA proposes to amend § 173.185(a) to include a lithium cell and battery test summary with a standardized set of elements. Manufacturers and subsequent distributers of lithium cells and batteries manufactured after June 30, 2003, must make this information available to others in the supply chain. This action is intended to provide subsequent distributors and consumers the information necessary to ensure that lithium cells and batteries offered and reoffered for transport meet the appropriate UN design tests. This test summary is intended to provide a signal to users that the battery is from a legitimate and compliant source, and allowing those in the transport chain to more easily identify non-counterfeit products. PHMSA, believes that potential ancillary benefits from this proposed lithium battery test summary include; a reduction in shipments of counterfeit cells and batteries, incremental safety gains in transport and use due to an increase in the use of batteries that are of a tested and approved type, and additional benefits received by consumers from a higher quality battery (

e.g.,

a higher capacity factor, slower decay rate, longer life expectancy, better warranties, more reliable customer service).

PHMSA developed a guidance document to assist manufacturers and distributors with understanding and implementing this requirement. The guidance includes an explanation of the requirement, a sample test summary, and questions and answers. A copy of this guidance is available in the docket for this rulemaking. PHMSA requests comments on the usefulness of the guidance material and comments to improve its clarity and additional questions to add to the guidance.

The HMR in § 173.185(b) require lithium cells and batteries to be packed in inner packagings in such a manner as to prevent short circuits, including movement which could lead to short circuits. These inner packagings must be placed in an outer package conforming to the requirements of part 178, subparts L and M, at the Packing Group II performance level. PHMSA proposes several amendments to § 173.185(b) to update and clarify various provisions. PHMSA proposes to amend § 173.185(b)(2)(ii) to specify that lithium cells and batteries including lithium cells or batteries packed with, or contained in, equipment, must be packaged in a manner that prevents damage caused by movement or placement within the package. The current text requires lithium batteries to be packaged in a manner to prevent movement. This could be interpreted as to require no movement within the package. This proposed amendment would minimize ambiguity in the current requirements and only prohibit movement that leads to damage within the package.

Further, PHMSA proposes to amend § 173.185(b)(3)(i) to specify that inner packagings must be separated from

electrically

conductive materials. This proposed change is based on revisions to the UN Model Regulations that revised the existing requirement that inner packagings separate lithium cells and batteries from conductive materials to require separation from “electrically conductive” materials. PHMSA proposes to amend § 173.185(b)(6) to clarify the provisions for the use of large packagings. Currently, large packagings are authorized for the transport of a single battery including a battery contained in equipment. This amendment would clarify that large packagings are limited to a single battery or to a single item of equipment. This acknowledges that a single item of equipment may contain one or more batteries. Finally consistent with revisions to the ICAO Technical Instructions, PHMSA proposes to add a new paragraph (b)(7) to prohibit the placement of lithium batteries in the same outer packaging as substances and articles of the following classes and divisions: Class 1 (explosives) other than Division 1.4S; Division 2.1 (flammable gases); Class 3 (flammable liquids); Division 4.1 (flammable solids); or Division 5.1 (oxidizers) when offered for transport or transported by aircraft. PHMSA is proposing this action to promote consistency with the ICAO Technical Instructions and in response to a recommendation (A-16-001) from the National Transportation Safety Board (NTSB) stemming from the investigation of the July 28, 2011, in-flight fire and crash of Asiana Airlines Flight 991 that resulted in the loss of the aircraft and crew. The investigation report cited as a contributing factor the flammable materials and lithium ion batteries that were loaded together either in the same or adjacent pallets. Logically, if the materials are not allowed to be stowed in the same or adjacent pallets, segregation within the same package also would result in decreased risk in the event of a fire.

From our experience with public comments on this issue related to ICAO and the UN, PHMSA understands it is not common industry practice nor a desired option for U.S. shippers to pack lithium batteries with other hazardous materials in the same outer package. There appears to be limited U.S. market interest in this type of packing configuration. Therefore. PHMSA expects codifying this provision to have negligible negative implications to U.S. shippers while leveling the playing field by applying the provision to non-US originating shipments imported into the U.S.

Section 173.185(c) of the HMR describes provisions for the carriage of up to eight small lithium cells or two small lithium batteries per package with alternative hazard communication that replaces the Class 9 label with a lithium battery mark. Additional conditions for the transport of small lithium cells and batteries by air are contained in § 173.185(c)(4). In this NPRM, PHMSA proposes several amendments to § 173.185(c)(2), (c)(3), and (c)(4) to align the HMR with the UN Model Regulations and the ICAO Technical Instructions, address the hazards associated with placing lithium batteries next to other hazardous materials, and clarify specific provisions. PHMSA proposes to amend § 173.185(c)(2) to except equipment that is robust enough to protect lithium batteries from damage or short circuit from the requirement to be packaged. The current regulations provide an exception from the requirement for the package to be rigid, but otherwise requires the equipment to be placed into a package. This proposed amendment would remove an unnecessary requirement to package otherwise robust equipment that protect lithium batteries from damage or short circuits. This proposal further aligns the HMR with the UN Model Regulations provisions found in special provision 188 for packaging of lithium cells batteries and equipment. PHMSA proposes to add a new § 173.185(c)(3)(iii) to require that when packages of lithium cells or batteries required to bear the lithium battery mark are placed in an overpack, the lithium battery mark must either (1) be clearly visible through the overpack; or

(2) the lithium battery mark must also be affixed on the outside of the overpack, and the overpack must be marked with the word “OVERPACK” in lettering at least 12 mm (0.47 inches) high. PHMSA proposes to amend § 173.185(c)(4)(ii) to adopt an “OVERPACK” marking minimum size requirement consistent with the proposed requirement for surface transport in § 173.185(c)(3)(iii). PHMSA proposes to clarify the limits for spare batteries in § 173.185(c)(4)(iv) to state that up to “two spare sets” of cells or batteries can be placed in a package with equipment. For the purposes of this paragraph, a spare set is equal to the number of individual spare cells or batteries required to power each piece of equipment. For example, if a single item of equipment requires two lithium batteries to operate, a maximum of four additional batteries (two spare sets) may be placed in the package provided the package continues to meet the other conditions of § 173.185(c). PHMSA proposes to add a new § 173.185(c)(4)(v) to specify that for air transport, lithium cells and batteries may not be placed in the same package as other hazardous materials. Further, packages containing small lithium cells and batteries must not be placed into an overpack with packages containing Class 1 (explosives) other than Division 1.4S, Division 2.1 (flammable gases), Class 3 (flammable liquids), Division 4.1 (flammable solids) or Division 5.1 (oxidizers). Each of the remaining sub-paragraphs in § 173.185(c)(4) would be renumbered and remain unchanged. PHMSA is proposing this action to promote consistency with the ICAO Technical Instructions and in response to a recommendation (A-16-001) from the National Transportation Safety Board (NTSB) stemming from the investigation of the July 28, 2011, in-flight fire and crash of Asiana Airlines Flight 991 that resulted in the loss of the aircraft and crew. The investigation report cited as a contributing factor the flammable materials and lithium ion batteries that were loaded together either in the same or adjacent pallets. Logically, if the materials are not allowed to be stowed in the same or adjacent pallets, segregation within the same package also would result in decreased risk in the event of a fire.

Section 173.185(d) of the HMR describes provisions for the transport of lithium cells and batteries for disposal or recycling. In this NPRM, PHMSA proposes to authorize the use of certain rigid large packagings to transport a single large battery or a single large item of equipment. This will provide additional packaging options to transport large batteries and equipment that by nature of their size or shape cannot fit into a non-bulk package. The UN Model Regulations do not include large packagings as an option for lithium batteries shipped for disposal or recycling. Nevertheless, PHMSA expects that large batteries and equipment would potentially require large packagings. Like the authorizations for the use of large packagings elsewhere in § 173.185, PHMSA would authorize the use of a large packaging for a single large battery or a single item of equipment containing batteries. PHMSA proposes to separate the existing § 173.185(d) into separate subparagraphs (d)(1) and (2) to accommodate these amendments.

Section 173.185(e) of the HMR describes provisions for the transport of low production and prototype lithium cells and batteries including equipment. In this NPRM, PHMSA proposes an editorial amendment to the § 173.185(e) introductory paragraph to clarify that the “transported for purposes of testing” condition applies to prototype cells and batteries and that both low production and prototype lithium cells and batteries may be contained in equipment. PHMSA also proposes an editorial amendment to paragraphs (e)(1) and (2) to specify that cushioning material must be electrically non-conductive instead of the existing “non-conductive” requirement. In addition, PHMSA proposes a new paragraph (e)(4) to authorize the use of certain rigid large packagings to transport a single large battery or a single large item of equipment. This will provide additional packaging options to transport large batteries and equipment that by nature of their size or shape cannot fit into a non-bulk package. Each of the remaining sub-paragraphs in § 173.185(e) would be renumbered and remain unchanged.

Section 173.185(f) of the HMR describes provisions for the transport of lithium batteries that have been damaged or identified by the manufacturer as being defective for safety reasons, and that have the potential of producing a dangerous evolution of heat, fire, or short circuit (

e.g.,

those being returned to the manufacturer for safety reasons). PHMSA proposes an editorial amendment to § 173.185(f)(2) to specify that cushioning material must be electrically non-conductive, which would harmonize the HMR with the international standards. PHMSA also proposes to amend § 173.185(f)(3) to clarify the provisions for the use of large packagings. Currently, large packagings are authorized for the transport of a single battery including a battery contained in equipment. This amendment would clarify that large packagings are limited to a single battery and to a single item of equipment. This acknowledges that a single item of equipment may contain one or more batteries.

Section 173.218

Section 173.218 contains packaging requirements for shipments of stabilized fish meal and fish scrap. Stabilization of fish meal and fish scrap by applying antioxidants is required in order to offer the material under a Class 9 stabilized proper shipping name. Historically, the IMDG Code and the HMR only reference one antioxidant—ethoxyquin—by name although other antioxidants exist. In response to testing performed by the International Fishmeal and Fish Oil Organization (IFFO)

that indicated that of concentrations of 50 ppm (mg/kg) of ethoxyquin, 100 ppm (mg/kg) of butylated hydroxytoluene (BHT), and 250 ppm (mg/kg) of tocopherol-based antioxidant are effective in stabilizing fish meal, the UN and the IMO adopted allowances for the use of two additional antioxidants (butylated hydroxytoluene and tocopherols) and a reduction in the required ethoxyquin concentration at time of shipment from 100 ppm to 50 ppm.

https://www.unece.org/fileadmin/DAM/trans/doc/2016/dgac10c3/ST-SGAC.10-C.3-2016-82e.pdf.

In this NPRM, PHMSA is proposing to amend paragraph (c) of this section to lower the required ethoxyquin level at the time of shipment in bulk in freight containers for transportation by vessel from 100 ppm to 50 ppm and to specify acceptable levels of for butylated hydroxytoluene (100 ppm) and for tocopherols (250 ppm) in shipments of fish meal or fish scrap transported by vessel in bulk in freight containers. Reducing the required minimum concentration of ethoxyquin and permitting the use of additional antioxidants would potentially reduce cost, add flexibility while maintaining an equivalent level of safety.

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.

Special provision 135 is assigned to the HMT entries for certain vehicles. It specifies that if a vehicle is powered by

both a flammable liquid and a flammable gas internal combustion engine, it must be consigned under the entry “Vehicle, flammable gas powered.” Special provision 135 does not, however, clearly indicate that a flammable gas powered vehicle must also comply with the requirements applicable to the quantity of flammable liquid in the fuel tank in addition to all of the applicable provisions for flammable gas-powered vehicle. Consistent with the ICAO Technical Instructions, PHMSA proposes to clarify in a new paragraph (b)(2)(ii)(C) that if a vehicle is powered by a flammable liquid and a flammable gas internal combustion engine, the flammable liquid fuel tank requirements of paragraphs (b)(1) of this section must also be met.

In this NPRM, PHMSA is proposing to make an editorial amendment to the requirements for vehicles powered by lithium batteries in paragraph (d). Specifically, we are clarifying that when a lithium battery is removed from the vehicle and is packed separately from the vehicle in the same outer packaging, the package must be classified as “UN 3481, Lithium ion batteries packed with equipment” or “UN 3091, Lithium batteries packed with equipment,” and is not eligible for classification as “UN3171, Battery-powered vehicle

Battery-powered equipment.” This clarification is a result of a working paper submitted at the 26th Meeting of the ICAO Dangerous Goods Panel (ICAO DGP/26) concerning the carriage of battery powered vehicles such as “e-bikes” and it addresses instances where a shipper removes the lithium battery from the battery powered vehicle and subsequently packs the battery in a separate packaging which is then placed with the vehicle in the same outer packaging. Although this was the result of an amendment to the ICAO Technical Instructions, we believe that it provides clarification of a preexisting requirement for all modes of transport.

Section 173.222

Section 173.222 specifies the requirements for dangerous goods in machinery or apparatus. During the course of reviewing provisions associated with the new HMT entries for “Articles containing hazardous materials, n.o.s.,” PHMSA found that the quantity limits prescribed in § 173.222 are inconsistent with certain international standards. The current authorized quantity of hazardous materials in one item of machinery or apparatus are as follows: 1 kg for solids; 0.5 L for liquids, and 0.5 kg for Division 2.2 gases. These quantity limits are consistent with the ICAO Technical Instructions; however, they are not aligned with the UN Model Regulations or the IMDG Code. Special provision 301 of the UN Model Regulations and the IMDG Code authorize up to the limited quantity amount for each item of dangerous goods contained in the machinery or apparatus.

In a previous final rule published on March 5, 1999 [Docket No. RSPA-98-4185 (HM-215C); 64 FR 10741] PHMSA's predecessor agency, the Research and Special Projects Administration (RSPA), aligned the HMR with the ICAO Technical Instructions by adding “Dangerous goods in machinery

Dangerous goods in apparatus” to the HMT. The proper shipping name was assigned identification number “NA8001,” special provision 136 was added for directions on class assignment, and § 173.222 was added containing requirements applicable to the new entry. In the HM-215C rulemaking, RSPA stated that upon the assignment of a UN identification number, it would revise the entry accordingly [81 FR 53935]. This was accomplished in the 11th revised edition of the UN Model Regulations, in which identification number UN3363 and Class 9 were assigned to this entry. The ICAO Technical Instructions were amended to be consistent with the UN Model Regulations. Subsequently, the HMR was updated accordingly in a final rule published on June 21, 2001 [Docket No. RSPA-2000-7702 (HM-215D); 66 FR 33315]. While the HMR were amended to incorporate the identification number and Class 9 designation, the quantity limit was not amended to allow up to the limited quantity amount authorized by the UN Model Regulations; therefore, the ICAO quantity limits were retained for all modes of transport.

In the 20th Revised Edition of UN Model Regulations and Amendment 39-18 of IMDG Code, the new “Articles containing hazardous materials, n.o.s.” entries apply to articles which contain only hazardous materials that exceed the permitted limited quantity amount for UN3363. The ICAO addressed the difference between the quantity authorized in the Technical Instructions and both the UN Model Regulations and the IMDG Code by amending ICAO special provision A107. The revised special provision A107 indicates that where the quantity of dangerous goods contained as an integral element in machinery or apparatus exceeds the limits permitted by ICAO Technical Instructions Packing Instruction 962 (same as the existing HMR authorization), and the dangerous goods meet the provisions of Special Provision 301 of the UN Model Regulations, the machinery or apparatus may be transported as UN3363 only with the prior approval of the appropriate authority of the State of Origin and the State of the Operator under the written conditions established by those authorities.

In order to more closely align with the UN Model Regulations and IMDG Code, for other than air transportation, PHMSA is proposing to increase the quantity limits for liquids and solids in paragraph (c) up to the limited quantity amount prescribed in the corresponding section of Part 173 referenced in Column (8A) of the § 172.101 Table. Without this amendment, the HMR would differ from the UN Model Regulations and IMDG Code for application of the new “Articles, n.o.s.” entries, and an approach used by the ICAO Technical Instructions would be necessary for all modes. The authorized quantity for gases would remain unchanged for all modes of transport.

Section 173.224

Section 173.224 establishes packaging and control and emergency temperatures for self-reactive materials. The Self-Reactive Materials Table in paragraph (b)(7) of this section specifies self-reactive materials authorized for transportation without first being approved for transportation by the Associate Administrator for Hazardous Materials Safety, as well as requirements for transporting these materials. In paragraph (b)(7), PHMSA proposes to add a new entry “Phosphorothioic acid, O-[(cyanophenyl methylene) azanyl] O,O-diethyl ester” to the Self-Reactive Materials Table. In addition, a new “Note 5” assigned to this entry would be added to the list following the table.

Paragraph (c) of this section prescribes requirements for new self-reactive materials, formulations, and samples. In paragraph (c)(4), PHMSA proposes to authorize small samples of certain potentially explosive or self-reactive substances when transported for testing purposes. These substances usually consist of organic molecules which are active ingredients, building blocks, or intermediates for pharmaceutical or agricultural chemicals. The molecules of the substances often carry functional groups listed in tables A6.1 and/or A6.2 in Annex 6 (Screening Procedures) of the UN Manual of Tests and Criteria, that would indicate explosive or self-reactive properties; however, these substances are not designed to be explosives of Class 1. This amendment is necessary

because during the early development phase of a new product, complete test data is often unavailable but the substances must be transported for further testing. The provisions proposed in paragraph (c)(4) prescribe applicability criteria and packaging conditions for these substances to be transported as samples for the purpose of testing. These criteria and packaging conditions are based on submissions to the UNSCOE on the Transport of Dangerous Goods showing the effectiveness of the packaging method proposed in this NPRM.

Consistent with the UN Model Regulations, PHMSA is proposing to revise paragraph (b)(4) to authorize the transportation of self-reactive substances packed in accordance with packing method OP8 (non-bulk packaging authorization) where transport in IBCs or portable tanks is permitted in accordance with § 173.225, provided that the control and emergency temperatures specified in the instructions are complied with. This proposed change allows materials that are authorized in bulk packagings to also be transported in appropriate non-bulk packagings.

Section 173.225

Section 173.225 prescribes packaging requirements and other provisions for organic peroxides. The UN Model Regulations continually update their Organic Peroxide Table based on data submitted by governments and industry groups with consultative status to account for new peroxides and formulations that have become commercially available. Consistent with revisions to the UN Model Regulations, PHMSA proposes to revise the Organic Peroxide Table in paragraph (c) by adding the entries: “Di-(4-tert-butylcyclohexyl)peroxydicarbonate [as a paste],” “Diisobutyryl peroxide [as a stable dispersion in water],” and “1-Phenylethyl hydroperoxide.” 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 “Cumyl peroxyneodecanoate, not more than 52%, stable dispersion, in water,” “2,5-Dimethyl-2,5-di(tert-butylperoxy)hexane, not more than 52% in diluent type A,” “3,6,9-Triethyl-3,6,9-trimethyl-,4,7-triperoxonane not more than 27% diluent type A,” and “tert-Amyl peroxy-2-ethylhexanoate, not more than 62% in a diluent type A” and by adding a type 31HA1 IBC authorization to the existing entry for “tert-Butyl hydroperoxide, not more than 72% with water.”

In addition, consistent with the UN Model Regulations, PHMSA is proposing that organic peroxides may also be transported packed in accordance with packing method OP8 where transport in IBCs or portable tanks is permitted, provided that the control and emergency temperatures specified in the instructions are complied with.

Section 173.232

New section 173.232 prescribes requirements for articles not otherwise specified by name in the HMR that contain hazardous materials of various hazard classes and divisions. This proposal addresses situations in which hazardous materials or hazardous materials residues are present in articles in quantities greater than the amounts authorized for dangerous goods in machinery or apparatus. This proposal authorizes a safe method to transport articles that may be too large to fit into typical packages. Absent these provisions to package and transport these materials safely, these articles may be offered for transport under provisions that do not adequately account for the physical and chemical properties of the substances and may require the issuance of an approval by PHMSA's Associate Administrator for Hazardous Materials Safety. PHMSA believes this will be especially beneficial to new articles coming to market as they would no longer require an approval or an amendment to the Hazardous Materials Table to authorize transport.

Section 173.301b

Section 173.301b describes additional requirements when shipping gases in UN pressure receptacles. In paragraph (c)(1), PHMSA is proposing to incorporate ISO 17871:2015 containing specification and type testing requirements for quick release cylinder valves. In paragraph (d)(1), PHMSA is phasing out ISO 13340:2001, Transportable gas cylinders—Cylinder valves for non-refillables cylinders—Specification and prototype testing, which can be utilized until December 31, 2020. ISO 13340:2001 is being phased out because the applicable valve standard in ISO 13340:2001 has been incorporated into ISO 11118:2015.

Section 173.304b

Section 173.304b contains additional requirements for shipment of liquefied compressed gases in UN pressure receptacles. In this NPRM, consistent with a change made by in the 20th Revised Edition of the UN Model Regulations, PHMSA is proposing to amend paragraph (b)(5) by replacing “liquid phase” with “liquefied gas” and “compressed” with “compressed gas” to better describe the phases of the material being stored and to align with the UN language.

Section 173.422

Section 173.422 contains additional requirements for excepted packages containing Class 7 (radioactive) materials. Shipments of excepted packages containing Class 7 materials are not required to meet the general shipping paper requirements found in the HMR. Amendments 39-18 of the IMDG Code adopted a requirement that vessels carrying these excepted packages include information concerning these packages (

e.g.,

UN ID Number and location on board the vessel) on the Dangerous Cargo Manifest (DCM). Historically, the HMR has not required any documentation to accompany shipments of excepted packages containing radioactive material when offered for transportation by vessel. In this NPRM, PHMSA proposes to amend the DCM requirements in § 173.60 to require information about these shipments to be included in the DCM carried aboard the vessel. Without a corresponding amendment to § 173.422 to require the information to be provided to the vessel operator, the vessel operator would not have the information available that would be required to be included on the DCM.

In this NPRM, PHMSA proposes to add a new paragraph (f) that would require excepted packages of radioactive materials offered for transportation by vessel to have a special transport document such as a bill of lading, air waybill, or other similar document that includes the UN identification number for the material being offered, the name and address of the consignor and consignee, and a container packing certificate, in accordance with the requirements in § 176.27. This proposed amendment provides for the conveyance of necessary information to the vessel operator for creation of the DCM.

Part 174

Section 174.50

Section 174.50 prescribes regulations for the movement of nonconforming or leaking packages by rail. Under the HMR, no person may offer for transportation or transport a bulk hazmat packaging (typically a tank car) by rail unless that packaging is marked, represented, maintained, reconditioned, repaired, and retested in accordance with the HMR (§ 171.2(g)). However, § 174.50 authorizes the movement of a

non-conforming bulk hazmat package moved by rail when: (1) The movement is necessary to reduce or eliminate an immediate threat or harm to human health or the environment; or (2) the movement is approved by the Federal Railroad Administration's (FRA's) Associate Administrator for Railroad Safety.

Approvals issued by FRA's Associate Administrator for Railroad Safety are commonly referred to as One-Time Movement Approvals (OTMAs).

Transport Canada issues similar approvals for the movement of non-conforming bulk hazmat packages and tank cars, which are referred to as Temporary Certificates. Historically, for movements of non-conforming tank cars from Canada to or through the United States, the offeror would have to obtain both an OTMA from FRA and a Temporary Certificate from Transport Canada. These applications initiate administrative processes and safety reviews by both governments that nearly always result in the same conclusion. Since the safety analysis used to evaluate Temporary Certificates in Canada is similar to the safety analysis used to evaluate OTMAs by FRA, the requirement to obtain two government approvals for a cross border movement provides no additional safety benefit and is redundant and burdensome. Thus, to facilitate cross border trade, for movements to or through the United States from Canada, PHMSA proposes to amend the regulation to recognize Temporary Certificates issued by Transport Canada. This amendment would reduce the duplicative requirement to apply for both an OTMA from the United States and a Temporary Certificate from Canada, should the non-conforming package need to be transported over the United States-Canadian border.

On October 7, 2014 FRA issued guidance on One-Time Movement Approvals titled

One-Time Movement Approval Procedures, HMG-127.

On July 12, 2007, Transport Canada published, “Regulations Amending the Transportation of Dangerous Goods Regulations (International Harmonization Update, 2016).” In this publication, Transport Canada indicated that recognition of OTMA may be included in a future amendment. This amendment aims to facilitate international transportation and at the same time ensures the safety of people, property, and the environment. Finally, for low-risk movements of non-conforming tank cars, Transport Canada authorizes the one-time movement without the need to obtain a temporary certificate (see TP-14877). For clarification, such movements under the TDG Regulations are already authorized by § 171.12, provided the movements are compliant with all applicable requirements in the TDG Regulations and § 171.12.

Part 175

Section 175.10

Section 175.10 specifies the conditions for which passengers, crew members, or an operator may carry hazardous materials aboard an aircraft. Consistent with revisions to the ICAO Technical Instructions, in this NPRM, PHMSA is proposing several revisions to this section.

PHMSA proposes to revise paragraph (a)(2) to account for lighters powered by lithium batteries (

e.g.,

laser plasma lighters, tesla coil lighters, flux lighters, arc lighters, and double arc lighters). The assigned provisions would be consistent with a combination of the existing requirements applicable to portable electronic devices powered by lithium batteries and battery powered portable electronic smoking devices. Specifically, each lithium battery must be of a type which meets the requirements of each test in the UN Manual of Tests and Criteria, Part III, Subsection 38.3 and must not exceed the size limits authorized for portable electronic devices. Recharging of the devices and/or the batteries on board the aircraft is not permitted consistent with the requirements for portable electronic smoking devices. In addition, lithium battery powered lighters without a safety cap or means of protection against unintentional activation are prohibited in carry-on baggage, checked baggage, and as when carried on one's person.

PHMSA proposes to revise paragraph (a)(3), to authorize medical devices containing radioactive material fitted externally as the result of medical treatment, consistent with the ICAO Technical Instructions. In addition, the reference to implanted medical devices containing lithium batteries would be removed. For medical devices containing lithium batteries (including those implanted, externally fitted, or carried by passengers or crew members) the quantity limits provided in (a)(18)(i) or (ii) apply, as applicable.

PHMSA proposes to revise paragraph (a)(14) for consistency with the ICAO Technical Instructions and other paragraphs in this section. The first sentence is revised to clarify that the paragraph is applicable to battery powered heat-producing devices rather than “electrically powered” articles. For lithium battery powered devices, quantity limits would be added in new paragraphs (i) and (ii) consistent with the existing requirements applicable to portable electronic devices powered by lithium batteries and battery powered portable electronic smoking devices. The requirements for spare batteries would be revised to reference the provisions for spare batteries in paragraph (a)(18).

PHMSA proposes to revise paragraph (a)(15) by adding a new paragraph (vi) to separate and clarify the handling requirements applicable to each “non-spillable” and “dry sealed” batteries both presently prescribed in paragraph (v). PHMSA also proposes to add a new paragraph (vii) to authorize passengers with restricted mobility to carry a spare non-spillable or dry sealed battery for their mobility aid. Presently, spare lithium batteries are permitted for passengers with lithium battery-powered mobility aids; this was deemed acceptable for mobility aids equipped with non-spillable or dry sealed batteries.

PHMSA proposes to amend provisions for carriage of wheelchairs or other mobility aids equipped with a lithium ion battery by removing the requirement that “collapsible” mobility aids necessitate removal of the battery. The intent of the existing requirement was to allow the removal of the batteries from lightweight collapsible mobility aids when these do not afford any protection to the batteries. However, the existing text in both the HMR and ICAO Technical Instructions can be construed to mean that if the battery was designed to be removable from the mobility aid, that it must be removed in all circumstances, even when adequate protection to the batteries is provided. In cases when the batteries are adequately protected, it is preferable that they remain installed in the mobility aid; however, there may be situations when that is not possible or safe to do so and in these cases the batteries must be removed. Therefore, in this NPRM, PHMSA is proposing to amend (a)(17)(v) by removing the word “collapsible” and clarifying that when the wheelchair or mobility aid does not provide adequate protection to the battery, that the battery must be removed and handled in accordance with the existing conditions prescribed in (a)(17)(v)(A) through (E).

PHMSA proposes to amend the provisions for carriage of personal electronic devices (PEDs) containing lithium batteries to address safety concerns related to recent security restrictions requiring passengers to carry personal electronic devices in checked baggage. Consistent with the ICAO

Technical Instructions, § 175.10(a)(18) would be revised to require that when portable electronic devices powered by lithium batteries are in checked baggage, they must be completely powered off and protected to prevent unintentional activation or damage.

PHMSA proposes to revise the carriage requirements for battery-powered portable electronic smoking devices in paragraph (a)(19). The 2015-2016 Edition of the ICAO Technical Instructions incorporated provisions prohibiting passengers and crew from carrying such devices in checked baggage or recharging them in the cabin, and requiring that any spare batteries be protected from short circuit. In a working paper submitted by the United States at ICAO DGP/26 meeting, it was reported that even after the prohibition, ten incidents involving these devices were documented between May 2015 and May 2017. As described in the working paper, seven of the incidents occurred inside a passenger aircraft and three occurred inside an airport. These incidents typically involved the electronic smoking device while it was being transported in carry-on baggage, with the suspected cause of the majority of these incidents being the accidental activation of the device. Specifically, in this NPRM, PHMSA is proposing to align the HMR with the ICAO Technical Instructions by requiring passengers or crew to take effective measures for preventing accidental activation of the heating element of the device when transporting such devices in carry-on baggage on board passenger aircraft. Examples of effective measures include, but are not limited to: Removing the battery from the electronic smoking device; separating the battery from the heating coil; placing the electronic smoking device into a protective case; using a protective cover, safety latch, or locking device on the electronic smoking device's heating coil activation button; and electronics or technology in the device designed to prevent accidental activation, such as those requiring the electronic smoking device to be powered on before the heating coil button can be activated. In most electronic smoking devices, the battery can either be easily removed or easily separated from the heating element.

PHMSA proposes to add a new paragraph (a)(26) that would amend the passenger provisions for carriage of baggage equipped with lithium batteries (

e.g.,

smart baggage) intended to power features designed to make travel easier, such as location tracking, PED battery charging, short range wireless connections, digital weighing, or motors. To address concerns that passengers would check baggage containing lithium batteries (

e.g.,

power banks) despite existing requirements that articles whose primary purpose is to provide power to another device be carried as spare batteries in the cabin as carry-on baggage, the ICAO Technical Instructions were amended to require that passengers remove lithium batteries from baggage they intend to check, in accordance with the provisions for spare batteries. Specifically, baggage equipped with a lithium battery or batteries would be required to be carried as carry-on baggage, unless the battery or batteries are removed from the baggage. Once the battery or batteries are removed from baggage intended to be checked, the battery or batteries must be carried in the cabin in accordance with the provisions for spare batteries prescribed in paragraph (a)(18). This restriction in checked baggage would not apply to baggage containing lithium metal batteries with a lithium content not exceeding 0.3 grams, or lithium ion batteries with a Watt-hour rating not exceeding 2.7 Wh.

Section 175.33

Section 175.33 establishes requirements for shipping papers and for the notification of the pilot-in-command when hazardous materials are transported by aircraft. In paragraph (a)(11), applicable to “UN 1845, Carbon dioxide, solid (dry ice),” PHMSA proposes that the text “hold” be replaced with the word “cargo compartment.” This would be consistent with use of the term “compartment” in other areas of the HMR and ICAO Technical Instructions. Consistent with revisions to the ICAO Technical Instructions, in paragraph (a)(13)(i), PHMSA proposes to include the airport at which the lithium batteries will be unloaded on the information to the pilot-in-command when a summary is used for lithium batteries. Including the airport at which the batteries will be unloaded is consistent with the authorization to use a summary instead of the default information to the pilot in command for “UN 1845, Carbon dioxide, solid (dry ice).”

Section 175.78

Section 175.78 prescribes the stowage compatibility of hazardous materials offered for transportation by aircraft. Consistent with international standards, in a March 30, 2017, final rule [HM-215N; 82 FR 15795], PHMSA added new Class 3 HMT entry “UN 3528,” applicable to the fuel contained in engines and machinery powered by Class 3 flammable liquids. In accordance with the segregation requirements prescribed in this section, engines and machinery classified under the new UN 3528 entry in Class 3 are required to be segregated from dangerous goods with a primary or subsidiary hazard of Division 5.1. Prior to the addition of the UN 3528 HMT entry, such engines and machinery were classed in Class 9 and therefore not required to be segregated from Division 5.1 materials. The packing requirements by air for UN 3528 require engines to be drained and the tank caps fitted securely. These precautions ensure that there is only a negligible amount of residual fuel remaining. There is no indication that, as prepared for transport, UN 3528 poses any more hazard now that would require these items to be segregated than when these items were previously identified as a Class 9. Therefore, in this NPRM, PHMSA is proposing to add an exception from the segregation requirement by adding a “Note 3” to the paragraph (b) Segregation Table and adding a new paragraph (c)(8) stating that materials consigned under UN 3528 need not be segregated from packages containing hazardous materials in Division 5.1.

Consistent with the ICAO Technical Instructions, PHMSA is proposing to require that packages and overpacks containing lithium cells and batteries that bear the Class 9 label must not be stowed on an aircraft next to, in contact with, or in a position that would allow interaction with, packages or overpacks containing other hazardous materials in Class 1 (other than Division 1.4S), Division 2.1, Class 3, Division 4.1 and Division 5.1. Specifically, the current paragraph (b) would be reformatted into two paragraphs. A new paragraph (b)(2) would be added to prescribe the segregation requirements applicable to lithium cells and batteries. The existing Segregation Table would be revised by adding the necessary columns and rows representing hazard classes not presently in the Table. These changes to the Table would indicate that hazardous materials in the classes described above must be segregated from packages and overpacks

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