# Hazardous Materials: Harmonization With International Standards > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2020-06205 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** May 11, 2020 - **Citation:** 85 FR 27810 ## Text DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 174, 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: Final rule. SUMMARY: PHMSA is issuing this final rule 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 is adopting several amendments to the HMR that would allow for increased alignment with the Transport Canada, Transportation of Dangerous Goods Regulations. DATES: Effective date: This rule is effective May 11, 2020, except for instruction 17, which is effective January 2, 2023. Voluntary compliance date: January 1, 2019. Delayed compliance date: May 10, 2021. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of May 11, 2020. 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. NPRM Comment Discussion V. Section-by-Section Review VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Final Rule B. Executive Order 12866 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. International Trade Analysis and Executive Order 13609 M. National Technology Transfer and Advancement Act List of Subjects I. Executive Summary The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending 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 PHMSA's ongoing biennial process to harmonize the HMR with international regulations and standards. As part of this biennial process, PHMSA is amending the HMR to incorporate changes from the 20th Revised Edition of the UN Model Regulations, Amendment 39-18 of the International Maritime Dangerous Goods (IMDG) Code, and the 2019-2020 International Civil Aviation Organization (ICAO) Technical Instructions, which became effective January 1, 2019. 1 Notable amendments to the HMR in this final rule include the following: 1 Amendment 39-18 to the IMDG Code may be voluntarily applied on January 1, 2019; however, the previous amendment remained effective through December 31, 2019. • Incorporation by Reference: PHMSA incorporates 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 are updating our incorporation by reference of the Transport Canada, Transportation of Dangerous Goods (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, PHMSA is adopting various updated International Organization for Standardization (ISO) standards. • Hazardous Materials Table: PHMSA amends the Hazardous Materials Table (HMT; § 172.101) consistent with recent changes in the Dangerous Goods List of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. Specifically, PHMSA is making 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 adds a classification system for articles containing hazardous materials that do not already have a proper shipping name. This addresses situations in which hazardous materials or hazardous materials residues are present in articles, and authorizes a safe method to transport articles that may be too large to fit into typical packages. • Lithium Battery Test Summary: PHMSA adds requirements regarding lithium battery test summaries. The HMR requires lithium battery manufacturers to subject lithium batteries and cells to appropriate UN design tests to ensure they are classified correctly for transport, and to develop records of successful test completion, called a test report. The test summary includes a standardized set of elements that provide traceability and accountability, thereby ensuring that lithium cell and battery designs offered for transport contain specific information on the required UN tests. The test summary must be made available to subsequent distributors. • Baggage Equipped with Lithium Batteries: PHMSA is amending 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 will be required to be carried in the cabin of the aircraft unless the battery or batteries are removed. This restriction in checked baggage does 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 (Wh) rating not exceeding 2.7 Wh. • Segregation of Lithium Batteries from Specific Hazardous Materials: PHMSA is adding 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 to implement a National Transportation Safety Board (NTSB) Safety Recommendation (A-16-001) 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 the flammable materials and lithium ion batteries that were loaded together in either the same or adjacent pallets as a contributing factor to the accident. • Alternative Criteria for Classification of Corrosive Materials: PHMSA is including non-testing alternatives for classifying corrosive mixtures using existing data on its chemical properties. Currently, the HMR require offerors to classify Class 8 corrosive material and assign a packing group based on test data. The HMR authorizes 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. The alternatives added in this final rule 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 extending the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019 to January 2, 2023. This additional time will allow PHMSA to conduct research and analyze comments and data concerning the issue submitted to the docket for this rulemaking, to have a more comprehensive understanding of polymerizing substances and further consider the most appropriate transport provisions for these materials. II. Background Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq. ) directs PHMSA to participate in relevant international standard-setting bodies and promotes consistency of the HMR with international transport standards to the extent practicable. Federal hazmat law permits PHMSA to depart from international standards where a more stringent standard or requirement is necessary in the public interest or if a different standard or requirement is unnecessary or unsafe. However, Federal hazmat law otherwise encourages domestic and international harmonization ( see 49 U.S.C. 5120). Harmonization facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials. Safety is enhanced by creating a uniform framework for compliance. As the volume of hazardous materials transported in international commerce continues to grow, harmonization is increasingly important. PHMSA published a notice of proposed rulemaking (NPRM) under Docket HM-215O [83 FR 60970 (November 27, 2018)] to incorporate various amendments to harmonize the HMR with recent changes to the IMDG Code, ICAO Technical Instructions, and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations (UN Model Regulations). When considering alignment of the HMR with international standards, PHMSA reviews and evaluates each amendment on its own merit, on the basis of its overall impact on transportation safety, and on the basis of the economic implications associated with its adoption into the HMR. PHMSA's goal is to harmonize without diminishing the level of safety currently provided by the HMR or imposing undue burdens on the regulated community. III. Incorporation by Reference Discussion Under 1 CFR Part 51 The UN Model Regulations, Manual of Tests and Criteria, and GHS, 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 either print or electronic versions through the parent organization websites. The specific standards are discussed in greater detail in the section-by-section review (see § 171.7). IV. NPRM Comment Discussion In response to the November 27, 2018 NPRM [83 FR 60970], PHMSA received comments from the following organizations and individuals: • Air Line Pilots Association, International (ALPA) • Alaska Airlines • Amazon • American Coatings Association (ACA) • Anonymous • Anonymous 2 • Association of American Railroads and the American Short Line and Regional Railroad Association (AAR and ASLRRA) • Association of Hazmat Shippers (AHS) • The Basic Acrylic Monomer Manufacturers, Inc. (BAMM) • Compressed Gas Association (CGA) • Council on Safe Transportation of Hazardous Articles (COSTHA) • Dangerous Goods Advisory Council (DGAC) • The Dow Chemical Company (Dow) • Frits Wybenga • Gases and Welding Distributors Association • Institute of Makers of Explosives (IME) • Interested Parties for Hazardous Materials Transportation (Interested Parties) • International Air Transport Association (IATA) • International Vessel Operators Dangerous Goods Association (IVODGA) • Yvonne Keller • Medical Device Battery Transport Council (MDBTC) • National Retail Federation (NRF) • The Rechargeable Battery Association (PRBA) • Reusable Industrial Packaging Association (RIPA) • Transport Canada (TC) • U.S. Chamber of Commerce (Chamber) • Utility Solid Waste Activities Group (USWAG) PHMSA received comments from the ACA, CGA, ALPA, IATA, DGAC, and the Chamber all providing general support for harmonization with international standards and additional support from CGA for the incorporation by reference of the proposed ISO standards. In addition, PHSMA received a comment from IME in support of updating the edition of the GHS that is incorporated by reference. Comments concerning the issuance of a direct final rule, the sunset provisions for polymerizing substances, compliance and applicability dates for the test summary, fuel gas containment systems, damaged and defective lithium batteries, competency based training, and safety devices in dedicated handling devices are discussed below. PHMSA concluded that comments made by Anonymous 2, portions of comments made by MDBTC concerning “receipted for in one lot,” in § 173.185, 2 portions of comments made by Alaska Airlines concerning air transport provisions for fish meal, and portions of comments made by IME concerning amendments to packaging instruction US 1 in § 173.62, 3 are outside the scope of this rulemaking. Therefore, PHMSA did not address these comments in this rulemaking. All other comments specific to the respective HMR sections are addressed in the “Section-by-Section Review” of this document. 4 2 Section 173.185 defines consignment to mean “one or more packages of hazardous materials accepted by an operator from one shipper at one time and at one address, receipted for in one lot and moving to one consignee at one destination address.” 3 Section 173.62 establishes specific packing requirements for explosives. US 1 is a packing instruction that is “particular to the United States and not found in applicable international regulations.” 4 Comments which were outside the scope of this rulemaking are not addressed in this final rule. Delays in Issuing the Final Rule PHMSA received a comment from AAR and ASLRRA that indicated the delay associated with publication of a final rule “presents immediate challenges for shippers and carriers involved in the transportation of hazardous materials across U.S. borders” and suggested alternative ways for proceeding with the rulemaking. PHMSA recognizes that a delay in publication of this final rule may have presented challenges for shippers and carriers. To mitigate these challenges, on December 18, 2018, PHMSA issued a Notice of Enforcement Policy Regarding International Standards authorizing the use of the applicable international standards. 5 The notice explained that PHMSA would not take enforcement action against any offeror or carrier using the updated standards when all or part of the transportation is by air with respect to the ICAO TI, or all or part of the transportation is by vessel with respect to the IMDG code. 5 https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/international-program/70251/notice-enforcement-policy-international-standards.pdf . Sunset Provisions for Polymerizing Substances In the March 30, 2017, final rule [HM-215N; 82 FR 15796], PHMSA added four new Division 4.1 entries for polymerizing substances to the HMT, and added defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls into the HMR. 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 that 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. In the HM-215O NPRM, PHMSA proposed to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019 to January 2, 2021 as the research is still in progress. PHMSA received comments from BAMM, DGAC, and Dow expressing support for the extension of the sunset provisions proposed in the HM-215O NPRM. These commenters also requested that PHMSA harmonize the requirements for temperature control of polymerizing substances in portable tanks and testing requirements for these substances intended to be carried in portable tanks or intermediate bulk containers (IBCs) with those found in the transport international standards while awaiting the results of a currently underway research project. DGAC and Dow requested that the previously adopted changes to § 173.21 in the March 30, 2017, final rule [HM-215N; 82 FR 15796], requiring temperature control at 50 °C for portable tanks carrying polymerizing substances be harmonized with the internationally adopted 45 °C, while PHMSA awaits the outcome of ongoing research into polymerizing substances. BAMM, DGAC, and Dow requested that PHMSA not require polymerizing substances intended to be transported in portable tanks or IBCs to undergo the Test Series E heating under confinement testing. The commenters requested that the provisions for polymerizing substances be harmonized with those found in the applicable international standards while PHMSA awaits the outcome of ongoing research into polymerizing substances. DGAC and Dow commented that differing domestic and international temperature control thresholds before temperature control is required would result in materials with a self-accelerating polymerization temperature (SAPT) greater than 45 °C and less than or equal to 50 °C being subject to temperature control when transported in portable tanks in the United States, but not elsewhere in the world. BAMM, DGAC, and Dow expressed their view that because the recommended test methods for Test Series E were not specifically designed for polymerizing substances that the test results would be meaningless. The commenters did not raise any new reasons for not adopting the provisions beyond those previously addressed in the March 30, 2017 final rule [HM-215N; 82 FR 15796]. PHMSA understands the concerns raised by the commenters, but to ensure the safe and efficient transportation of these commodities, PHMSA is adopting the provisions as proposed in the NPRM and codified in the March 30, 2017, final rule for the reasons that were previously outlined [HM-215N; 82 FR 15796, 15798-99]. In brief, the rationale for adopting the 50 °C SAPT threshold before temperature control is required for transport in portable tanks is primarily that 50 °C is the maximum temperature reasonable expected to be experienced by any selfreactive, organic peroxide, and/or polymerizing substance. The rationale for requiring Test Series E testing for polymerizing substances intended to be transported in portable tanks or IBC is that Test Series E (or an equivalent performance measure) provides information on how the material behaves when heated under confinement. For additional discussion of these issues refer to the March 30, 2017 final rule [HM-215N; 82 FR 15796, 15798-99]. To accommodate additional potential delays in completion and reviewing the results of the research project on polymerizing substances, PHMSA is extending the date for the sunset provisions for an additional two years beyond the date proposed in the NPRM. The new sunset date for transport provisions concerning polymerizing substances is January 2, 2023. Lithium Battery Test Summary In the NPRM, PHMSA proposed the inclusion of lithium battery test summary requirements. The test summary includes a standardized set of elements that provide traceability and accountability to ensure that lithium cell and battery designs offered for transport contain specific information on the required UN tests. PHMSA proposed that manufacturers and subsequent distributers of lithium cells and batteries manufactured after June 30, 2003 must make test summaries available to others in the supply chain. In the international standards, and as proposed in the NPRM, the lithium battery test summary requirements would have an effective date of January 1, 2020. In response to the comments received, in this final rule, PHMSA is providing additonal background on the test summary. The development of the test summary by the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods spanned several years. The work was the outgrowth of an industry-identified problem concerning lack of availability of information needed to verify compliance and facilitate transportation. Specifically, the inability of shippers to access documentation verifying that lithium cells and batteries have successfully passed the tests prescribed in part III, sub-section 38.3 of the UN Manual of Tests and Criteria. In 2014, a trade association representing major rechargeable battery manufacturers relayed to the UN Sub-Committee that shippers were experiencing difficulties in verifying compliance with the UN 38.3 tests (See UN/SCETDG/46/INF.11, paragraph 15). 6 It was the industry group's suggestion to work within the UN Sub-Committee towards a summary format that would facilitate making available essential compliance information to all concerned. This suggestion led the UN Sub-Committee over the next two years in cooperation with government and industry stakeholders to develop a standardized list of information to be included in a test summary (see ST/SG/AC.10/C.3/100, paragraph 56). 7 PHMSA received several comments, which are discussed throughout this rulemaking and the associated RIA, concerning the potential costs of the test summary provisions. While providing no specific cost estimates, these commenters indicated that they believed implementing the test summary provisions as proposed would be more burdensome than PHMSA estimated. In this final rule, PHMSA is adopting changes to the compliance date, the implementation date, and several other variatons from the NPRM proposals that will reduce the burden on lithium cell and battery manufacturers and distributors. 6 https://www.unece.org/fileadmin/DAM/trans/doc/2014/dgac10c3/UN-SCETDG-46-INF11e.pdf . 7 https://www.unece.org/fileadmin/DAM/trans/doc/2016/dgac10c3/ST-SG-AC10-C3-100e.pdf . Compliance Date PHMSA received comments from Alaska Airlines, Amazon, Chamber, COSTHA, DGAC, MDBTC, NRF, PRBA, and an anonymous commenter concerning the proposed effective date of January 1, 2020 for the proposed test summary requirements. These commenters requested that PHMSA provide additional time to comply. Alaska Airlines commented that they hope the test summary requirements can be implemented by January 1, 2021. PRBA, Amazon, MDBTC, the Chamber, and NRF indicated that PHMSA should allow manufacturers and subsequent distributors until January 1, 2022 to comply with the test summary requirements. The DGAC recommended a one-year transition period following publication of the final rule. The commenters opined that the proposed compliance deadline of January 1, 2020 would not allow sufficient time for U.S. manufacturers and subsequent distributors of these products to establish procedures for preparing and securing test summaries. In their comments, NRF commented that it will take significant time for manufacturers and shippers, especially small companies, to develop and prepare the test summaries for their products. NRF opined that a longer implementation time will give companies enough time to identify, develop, and prepare the materials that are needed for compliance. PHMSA agrees that additional time may be required to fully integrate systems, processes, and policies for preparing test summaries. The additional time can be used to help ensure the availability of test summaries and to prepare procedures for making test summaries available to subsequent distributors. In this final rule, the required compliance date for both the creation of and subsequent distribution upon request for test summaries is January 1, 2022. COSTHA noted that using the same implementation date for both battery manufacturers and distributors presents the possibility that manufacturers could wait until December 31, 2021 to prepare the documents and distributors would not have any additional time to receive and make available the test summaries throughout the supply chain. COSTHA requested a staggered implementation date that would allow distributors an additional year to comply. PHMSA believes that the extended transition period for domestic implementation of the test summary requirements (two years after the requirements enter the IMDG Code and ICAO Technical Instructions) will mitigate this concern over shared implementation dates for shippers and distributors by providing additional time for battery distributers to work with manufacturers to acquire the necessary information and establish mechanisms for further distribution. Applicability Date PHMSA received comments from PRBA, NRF, DGAC, MDBTC, Amazon, and the Chamber requesting that PHMSA reconsider which lithium batteries require a test summary be created and made available. PHMSA proposed a requirement that a test summary be made available for all lithium cells and batteries manufactured after June 30, 2003, and that 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. PRBA commented that “[i]t is not practicable to require the post-hoc generation of a Test Summary for batteries that were manufactured as far back as 2003,” and asked that PHMSA adopt a date that requires the creation of test summaries and subsequent distribution for only batteries and cells manufactured after the effective date of the provisions. In conjunction with its request to extend the compliance date for the test summary generally to January 1, 2022, PRBA requests that only batteries and cells manufactured after this date require test summaries and subsequent distribution. The Chamber also requested that the applicability be limited to lithium cells and batteries manufactured after January 1, 2022 noting that “there may be times when distributors are shipping older battery designs that were manufactured by a company that is no longer in business. In instances like this, it may be impossible for shippers to acquire the necessary information for the TS.” The NRF and Amazon commented with similar requests to limit the scope of batteries subject to the test summary by using the effective date of the requirement which would then apply the requirements to cells and batteries currently in production and those made going forward. The NRF noted that it would be incredibly difficult and burdensome to locate a test certification and create a test summary for batteries dating back up to 17 years. MDBTC supported requiring test summary documents for only lithium cells and batteries manufactured after January 1, 2014. PHMSA recognizes the comments noting the potential difficulty in obtaining test summaries for older batteries, particularly in cases where a manufacturer may no longer be in business or has merged with another company. Therefore, PHMSA is applying the test summary requirements only to cells and batteries manufactured after January 1, 2008. This date is the effective date of the final rule that required all lithium batteries (including small batteries) be of the type proven to meet the criteria in part III, sub-section 38.3 of the UN Manual of Tests and Criteria (“Hazardous Materials; Transportation of Lithium Batteries,” August 9, 2007, 72 FR 44929). As of January 1, 2008, all batteries transported in accordance with the HMR should have valid test reports that will help facilitate the creation of and availability of test summaries. PHMSA believes that amending the scope of cells and batteries that require a test summary to those manufactured after January 1, 2008 will lead to fewer instances where insufficient information will be available to create the required test summary while still capturing the majority of batteries and cells being offered for transportation. PHMSA reiterates the importance of the test summary in providing confirmation 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. Additionally, PHMSA maintains that the creation and subsequent distribution of test summaries for lithium batteries provides an enhanced mechanism for shippers to meet their existing requirement to only offer lithium cells and batteries of a type proven to meet the criteria in part III, sub-section 38.3 of the UN Manual of Tests and Criteria. The availability of specific information in the test summary document will enhance the users' ability to obtain the information needed to ensure they are receiving, and potentially reoffering for transportation, a battery that is of a tested and approved type. Fuel Gas Containment Systems In the NPRM, PHMSA discussed amendments to international standards that are not being considered for adoption. As stated in the NPRM, the 20th Revised Edition to the UN Model Regulations added a special provision to allow for the transportation of vehicle fuel gas containment systems containing certain gases, such as compressed natural gas and liquified petroleum gas, transported for disposal, recycling, repair, inspection, maintenance, or from where they are manufactured to a vehicle assembly plant. The provisions allow for gaseous fuels to be transported in fuel tanks designed for vehicles meeting certain European automotive standards rather than specification pressure receptacles. In the NPRM, PHMSA explained that the vehicle specification pressure vessels that are incorporated and authorized by the UN Model Regulations do not apply to U.S. domestic transportation as most of the fuel gas containment standards that are addressed in the UN Model Regulations are more appropriate for European road and rail regulations. PHMSA solicited comments on the fuel gas containment systems amendment in the UN Model Regulations and asked whether it would benefit industry to include a similar amendment in the HMR. PHMSA received a comment from COSTHA on the decision not to include provisions for fuel gas containment decisions. The commenter disagreed with the view that the amendments are more appropriate for European regulations. COSTHA commented on the benefits of adopting the provisions into the HMR. COSTHA opined that when fuel tanks are removed from the vehicle and offered for transportation they are constructed to meet motor vehicle standards, but the tanks will not be permitted for transport of gaseous fuels under the HMR without the gas being completely removed from the tank. COSTHA further commented that the gas removal process has the potential to lead to dangerous situations at repair shops, dealers, and disposal locations not equipped to properly empty these fuel tanks. COSTHA notes that U.S. automobile manufacturers often use UN or Global Technical Regulations to demonstrate compliance with equivalent Federal Motor Vehicle Safety Standards (FMVSS). 8 In addition, COSTHA supports referencing applicable FMVSS in the HMR to facilitate U.S. domestic gas containment system transport. 8 National Highway Transportation Safety Administration issues FMVSS. The regulations establishing the FMVSS are primarily found at 49 CFR part 571. https://www.nhtsa.gov/laws-regulations/fmvss. PHMSA thanks COSTHA for its comments on this topic, and PHMSA understands the concerns related to difficulties in ensuring gas is removed from these cylinders prior to transport, but it would be premature to adopt the FMVSS requirements into the HMR. The FMVSS requirements are not presently incorporated in the UN Model Regulations, and adoption of the FMVSS requirements would require additional coordination with Federal agencies outside of PHMSA. PHMSA may consider this action in a future rulemaking and invites COSTHA to file a petition for rulemaking in accordance with 49 CFR 106.95, 106.100 and 106.105, to formally request this change be made in the HMR. Additonally, PHMSA believes that a more comprehensive review of the current domestic standards used by vehicle fuel gas containment systems is necessary prior to incorporation in the HMR to help ensure safety standards that most closely align with existing practices are incorporated. The request could be further evaluated for merit to address in an upcoming rulemaking. Damaged and Defective Lithium Batteries In the NPRM, PHMSA discussed amendments to international standards not being considered for adoption. As stated in the NPRM, the 20th Revised Edition of the UN Model Regulations adopted transportation provisions for damaged and defective cells and batteries 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 (UN Nos. 3090, 3091, 3480 and 3481). In the NPRM, PHMSA explained that the existing packaging and hazard communication requirements in § 173.185(f) sufficiently address consignments of this nature. PHMSA received one comment from MDBTC in support of not adopting the provisions for damaged and defective lithium batteries. Competency-Based Training PHMSA received comments from AAR and ASLRRA, ACA, AHS, Alaska Airlines, CGA, COSTHA, DGAC, Dow, IATA, IME, Interested Parties, IVODGA, MDBTC, and RIPA in response to our request for comments on the principles of Competency-Based Training, recently published in the attachments of the ICAO Technical Instructions. As noted in the NPRM, the provisions concerning Competency-Based Training were not finalized or adopted in the 2017-2018 ICAO Technical Instructions and there were no proposals concerning this topic in the NPRM. PHMSA thanks all commenters for their views on the issue and, as noted in the NPRM, comments will be considered for the betterment of PHMSA's work in various international forums. Safety Devices in Dedicated Handling Devices PHMSA received a comment from COSTHA concerning safety devices in dedicated handling devices. COSTHA commented that PHMSA should align the provisions of § 173.166(e)(4)(i) with the UN Model Regulations and the IMDG Code to authorize unpackaged articles in dedicated handling devices, vehicles, or containers to, from, or between where they are manufactured and an assembly plant including intermediate handling locations. PHMSA notes that the provisions adopted by the UN and the IMDG Code are currently authorized in §§ 173.166(e)(4)(i) and (ii), therefore no additional action is required. V. Section-By-Section Review The following is a section-by-section review of the amendments adopted in this final rule: Part 171—General Information, Regulations, and Definitions Section 171.7 Reference Material 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 1995.” 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,” and in accordance with Sec 12(d)(1) of the “National Technology Transfer and Advancement Act of 1995,” government agencies must use voluntary consensus standards wherever practical in the development of regulations. When properly conducted, 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 it 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 final rule, PHMSA is adding and revising the following incorporation by reference materials: • Paragraph (s)(2) is 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 addition of this paragraph corrects 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), 2017-2018 Edition, is revised to incorporate the 2019-2020 Edition. These instructions contain the detailed instructions for the international transport of hazardous materials by air. In a previous rulemaking, [Docket No. PHMSA-2015-0102 (HM-219A); 83 FR 55792], PHMSA added § 172.407 to the list of sections in paragraph (t)(1) and (v)(2). The NPRM did not account for this addition, and in this final rule § 172.407 has been added to the list in paragraphs (t)(1) and (v)(2) consistent with the earlier published final rule. • Paragraph (v)(2), which incorporates the International Maritime Organization International Maritime Dangerous Goods Code (IMDG Code), incorporating Amendment 38-16 (English Edition), is revised to incorporate the 39-18 (English Edition), 2018 Edition. This code contains detailed instructions for the international transport of hazardous materials by vessel. • Paragraph (w), which incorporates various International Organization for Standardization entries, is 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 is 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. The updated version of ISO 11118 includes, among other edits, clarified requirements for the processing of carbon steel to avoid strain aging and the inclusion of alternative temperatures for artificial aging of carbon steel cylinders prior to burst testing. —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 is 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. The updated version of ISO 11120 includes, among other edits, the modification of ultrasonic provisions for ultrasonic examination in 8.3 to include ultrasonic examination for wall thickness and for imperfections also on the supplied tubing and revision of the provisions for design of tubes for embrittling gases. —ISO 11623(E), Transportable gas cylinders—Periodic inspection and testing of composite gas cylinders, First edition, March 2002 is replaced by ISO 11623:2015(E), Gas cylinders—Composite construction—Periodic inspection and testing 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. The updated version of ISO 11623 includes, among other edits, updated terminology, particularly for the various types of composite cylinders, and moves information regarding intervals between periodic inspection and testing based on cylinder type into the new Annex C (formerly listed in Tables 1 through 4). —ISO 14246:2014(E), Gas cylinders—Cylinder valves—Manufacturing tests and examination is added in paragraph (w)(69). This standard covers the function of a cylinder valve as a closure. —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 is added 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 is added in paragraph (w)(72). This standard covers the function of a quick-release cylinder valve as a closure. —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 added in paragraph (w)(75). This standard provides 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 is added in paragraph (w)(76). This standard specifies the requirements for the inspection and maintenance of cylinder valves, including valves with integrated pressure regulators. —ISO/TR 11364:2012(E), Gas cylinders—Compilation of national and international valve stem/gas cylinder neck threads and their identification and marking system is 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. • Paragraphs (aa)(1)-(4), which updates four (4) existing Organization for Economic Cooperation and Development (OECD) guidelines concerning corrosivity testing (Nos. 404, 430, 431, & 435). The references to these standards are updated to the 2015 versions of the standards. Updated 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. Updated OECD Guideline 430 and OECD Guideline 431 include references to a developed document on integrated approaches to testing and assessment. • Paragraph (bb)(1), which incorporates the Transport Canada Transportation of Dangerous Goods Regulations, adds 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 additions are to incorporate changes to the Transport Canada Transportation of Dangerous Goods Regulations. SOR/2016-95 contains amendments concerning reporting requirements and international restrictions on lithium batteries. SOR/2017-137 contains amendments related to international harmonization. SOR/2017-253 containes amendments related to marine transportation. • Paragraph (bb)(2) is 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, is 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. In a previous rulemaking, [Docket No. PHMSA-2015-0102 (HM-219A); 83 FR 55792], PHMSA added § 172.519 to the list of sections in paragraph (dd)(1). The NPRM did not account for this addition and in this final rule, § 172.519 has been added to the list in paragraph (dd)(1) consistent with the earlier published final rule. • Paragraph (dd)(2)(ii) is 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), is revised to incorporate the United Nations Recommendations on the Transport of Dangerous Goods, Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Seventh revised edition (2017). This standard helps identify the intrinsic hazards found in substances and mixtures and to convey information about these hazards. Section 171.8 Definitions and Abbreviations Section 171.8 defines terms generally used throughout the HMR that have broad or multi-modal applicability. In this final rule, PHMSA is amending the definition of “UN pressure receptacle” to include pressure drums. Additionally, PHMSA is adding 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 incorporated in § 178.71. Section 171.12 North American Shipments 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 15796], PHMSA amended the HMR to expand recognition of cylinders and pressure receptacles, cargo tank repair facilities, and certificates of equivalency (an authorization to conduct an activity in compliance with the conditions of that authorization instead of the standard requirements) 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 final rule, PHMSA is clarifying 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 final rule, PHMSA is amending paragraph (a)(1) to clarify the extent of reciprocity regarding certificates of equivalency. Additionally, PHMSA is amending 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). PHMSA received comments of general support from the Dow and DGAC. Dow specifically mentioned support for the incorporation by reference of the Containers for Transport of Dangerous Goods by Rail and clarification of the certificates of equivalency. PHMSA received a comment from Transport Canada suggesting that the terms “pressure drum” and “pressure receptacle” addressed in § 171.8 of this final rule, also be included in § 171.12 in a manner that promotes reciprocity between the United States and Canada. We agree with the commenter and in this final rule are adding the terms “pressure drum” and “UN pressure receptacle” to § 171.12 and authorizing use of these packages when marked with the letters “CAN.” Part 172—Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans Section 172.101 Purpose and Use of Hazardous Materials Table Section 172.101 contains the HMT and provides instructions for its use. In this final rule, PHMSA is revising 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. In the NPRM, PHMSA proposed a revision to paragraph (e) to indicate that NA numbers are only recognized for use in the United States. In the NPRM, PHMSA stated that NA numbers are not authorized in Canada because the TDG limit the use of NA numbers to materials classified as “Consumer commodity,” and do not allow for the use of other NA numbers. Transport Canada made this amendment in August 15, 2001 with SOR 2001-186. 9 The TDG, Part 9.1 Transporting Dangerous Goods from the United States into or through Canada state that the HMR may be followed as an alternative to the TDG if certain conditions are met, including that “the classification in Schedule 1 or in the UN Recommendations, for dangerous goods that have the letter “D” assigned to them in column 1 of the table to section 172.101 of 49 CFR, except for dangerous goods with the shipping name `Consumer commodity'.” The letter “D” is assigned to NA numbers. Therefore, NA numbers are not recognized for shipments from a place in the United States to a place in Canada or from a place in the United States through Canada to a place outside Canada. As such, PHMSA is revising the HMR to be consistent with Canada's national regulations. PHMSA received comments from DGAC on the use of NA numbers in § 172.101(e), North American Shipments. Specifically, DGAC stated this change will eliminate mutual recognition of NA numbers between the United States and Canada. Although the text in § 172.101(e), stating that NA numbers are not recognized for international transportation, except to and from Canada, was not previously amended to align with the TDG, the mutual recognition of NA numbers has not been permitted under the TDG since the August 15, 2001 publication. NA numbers will continue to be recognized for shipments within the United States. 9 http://www.gazette.gc.ca/rp-pr/p2/2001/2001-08-15-s/pdf/g2-135s1.pdf. 1. Hazardous Materials Table (HMT) In this final rule, PHMSA is amending the HMT. Readers should review all changes for a complete understanding of the amendments. For purposes of the U.S. 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.” The amendments to the HMT include the following: 2. 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 in contact with water emits flammable gases, 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 is adding 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 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 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 (PG) 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 that are 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. PHMSA received one comment on the proposed changes to § 172.101 from PRBA supporting the new entry of UN3536 in the table. 3. 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. 4. 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 reverts 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 addresses situations where materials in the kits are not assigned to a packing group or have Packing Group I assigned, as permitted by § 173.161. 5. 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 modifications to the entries in the HMT are discussed below. In an October 18, 2018, final rule, entitled “Notification of the Pilot-in-Command and Response to Air Related Petitions for Rulemaking” [(HM-259); 83 FR 52878], PHMSA removed special provision A6 from UN numbers 2789, 2790, 1715, 1717, 1723, 1732, 1739, 1758, 2240, 3264, 3265, 1764, 1765, 1768, 1775, 1776, 1778, 1777, 1782, 1786, 1790, 2031, 2308, 1808, 2258, 2879, 1818, 2564, 2699, 2502, 2443, and 2444. However, the HM-215O NPRM incorrectly showed special provision A6 as still being applicable to these entries. Therefore, in this final rule, A6 is not assigned to these HMT entries consistent with the previously published HM-259 final rule. Similarly, in the HM-259 final rule, PHMSA removed special provision A3 from UN numbers 1739, 2604, 1758, 2240, 1183, 1777, 1242, 1798, 1873, 2879, 1828, 1831, 2699, and 2444. However, the HM-215O NPRM incorrectly showed special provision A3 as still being applicable to these entries. Therefore, in this final rule, A3 is not assigned to these HMT entries consistent with the previously published HM-259 final rule. Finally, in a March 6, 2019, interim final rule (IFR) [(HM-224I); 84 FR 8006], PHMSA removed special provision A51 from UN3480 and added special provision A100 to UN 3480. However, the HM-215O NPRM did not account for this action and in this final rule, A51 is removed from UN3480 and A100 is added to UN 3480 consistent with the previously published HM-224I IFR. See “Section 172.102 special provisions” below for a detailed discussion of the additions, revisions, and deletions to the special provisions addressed in this final rule. • Special provision 325. Special provision 325 is added 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. 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. The 6(d) test is a test on a single package to determine if there are hazardous effects outside the package arising from accidental ignition or initiation of the contents. 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 Division 1.4S articles and substances that are generic or “not otherwise specified” (n.o.s.), and to UN 0367 (Fuzes, detonating) that are normally package dependent. The UN Working Group noted that generic entries normally warrant more systematic testing. In the NPRM, PHMSA requested comment on whether this provision is likely to have net benefits. PHMSA received one comment from IME stating that the “addition of the special provision will benefit transportation safety and that the additional costs are, accordingly justified.” Therefore, in this final rule, consistent with the UN Model Regulations, PHMSA is adding 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. • 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 Sub-Committee of Experts (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 final rule, PHMSA is assigning special provision 368 to the following entry to aid shippers: 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. Consistent with the deletion of this special provision in section 172.102, 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 388. New special provision 388 is added to the following HMT entries: UN3090 Lithium metal batteries including lithium alloy batteries UN3091 Lithium metal batteries contained in equipment including lithium alloy batteries UN3091 Lithium metal batteries packed with equipment including lithium alloy batteries UN3480 Lithium ion batteries including lithium ion polymer batteries UN3481 Lithium ion batteries contained in equipment including lithium ion polymer batteries UN3481 Lithium ion batteries packed with equipment including lithium ion polymer batteries • Special provision 389. New special provision 389 providing applicable transport conditions is added to the following new HMT entry: UN3536 Lithium batteries installed in cargo transport unit lithium ion batteries or lithium metal batteries • Special provision 391. New special provision 391 is added 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. UN3543Articles containing a substance which in contact with water emits flammable gases, 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 B136. PHMSA is adding 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 UN1386 Seed cake with more than 1.5 percent oil and not more than 11 percent moisture UN1398 Aluminum silicon powder, uncoated UN1435 Zinc ashes UN2071 Ammonium nitrate based fertilizer UN2216 Fish meal, stabilized or 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 or Ferrous metal shavings or Ferrous metal turnings or Ferrous metal cuttings in a form liable to self-heating • 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 or Caesium UN1407 Metal hydrides, water reactive, n.o.s UN1409 Lithium aluminum hydride UN1410 Lithium borohydride UN1413 Lithium hydride UN1414 Lithium UN1415 Magnesium, powder or 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 Metallic substance, water-reactive, n.o.s UN3208 Metallic substance, water-reactive, self-heating, n.o.s UN3209 (All PGs) 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 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, special provision W40 is removed from the following HMT entries: UN1396 Aluminum powder, uncoated (PG III) UN1398 Aluminum silicon powder, uncoated UN1403 Calcium cyanamide with more than 0.1 percent of calcium carbide UN1405 Calcium silicide (PG III) U3208 Metallic substance, water-reactive, n.o.s. (PG III) Additionally, PHMSA is adding special provision W40 to the following HMT entry: UN3208 Metallic substance, water-reactive, n.o.s. (PG II) 6. 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. In the NPRM, PHMSA proposed to amend various vessel stowage codes assigned to explosives articles to allow under deck stowage of these articles when not in closed cargo transport units (CCTUs). PHMSA received a comment from IME noting support for the changes, but indicating that the commercial ports used by their industry in the United States require commercial explosives to be containerized regardless of whether they are shipped on deck or under deck. PHMSA reiterates that these changes also allow the shipment of large and robust articles that while generally contained in some manner ( e.g. a custom built crate, cradle, or box) may not fit in a traditional CCTU. The changes made in this final rule authorize such transport when not in a traditional CCTU. While these changes do not authorize the break bulk stowage of explosive substances, they do facilitate the movement of larger explosive articles. 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 changes listed in numerical order by UN identification number and additionally lists the proper shipping name, the previous column (10A) entry, and the adopted column (10A) entry. Table 2 Proper shipping name UN No. Previous code column (10A) Adopted code column (10A) Cartridges for weapons, with bursting charge 0005 05 03 Cartridges for weapons, with bursting charge 0006 04 03 Cartridges for weapons, with bursting charge 0007 05 03 Bombs, with bursting charge 0033 05 03 Bombs, with bursting charge 0034 04 03 Bombs, with bursting charge 0035 04 03 Bombs, photo-flash 0037 05 03 Bombs, photo-flash 0038 04 03 Boosters, without detonator 0042 04 03 Bursters, explosive 0043 04 03 Charges, demolition 0048 04 03 Charges, depth 0056 04 03 Charges, shaped, without detonator 0059 04 03 Charges, supplementary explosive 0060 04 03 Cord, detonating, flexible 0065 04 03 Fracturing devices, explosive, without detonators for oil wells 0099 04 03 Cord, detonating or Fuze, detonating metal clad 0102 04 03 Jet perforating guns, charged oil well without detonator 0124 04 03 Mines with bursting charge 0136 05 03 Mines with bursting charge 0137 04 03 Mines with bursting charge 0138 04 03 Projectiles, with bursting charge 0167 05 03 Projectiles, with bursting charge 0168 04 03 Projectiles, with bursting charge 0169 04 03 Rockets, with bursting charge 0180 05 03 Rockets, with bursting charge 0181 04 03 Rockets, with bursting charge 0182 04 03 Rockets, with inert head 0183 04 03 Rocket motors 0186 04 03 Sounding devices, explosive 0204 05 03 Warheads, torpedo with bursting charge 0221 04 03 Charges, propelling, for cannon 0242 04 03 Charges, propelling 0271 04 03 Charges, propelling 0272 04 03 Cartridges, power device 0275 04 03 Cartridges, oil well 0277 04 03 Charges, propelling, for cannon 0279 04 03 Rocket motors 0280 04 03 Boosters, without detonator 0283 04 03 Grenades, hand or rifle, with bursting charge 0284 04 03 Grenades, hand or rifle, with bursting charge 0285 04 03 Warheads, rocket with bursting charge 0286 04 03 Warheads, rocket with bursting charge 0287 04 03 Cord, detonating or Fuze, detonating metal clad 0290 04 03 Bombs, with bursting charge 0291 05 03 Grenades, hand or rifle, with bursting charge 0292 05 03 Grenades, hand or rifle, with bursting charge 0293 05 03 Mines with bursting charge 0294 05 03 Rockets, with bursting charge 0295 05 03 Sounding devices, explosive 0296 05 03 Cartridges for weapons, with bursting charge 0321 04 03 Projectiles, with bursting charge 0324 05 03 Cartridges for weapons, blank 0326 04 03 Cartridges for weapons, blank or Cartridges, small arms, blank 0327 04 03 Cartridges for weapons, inert projectile 0328 04 03 Torpedoes with bursting charge 0329 04 03 Torpedoes with bursting charge 0330 05 03 Projectiles, with burster or expelling charge 0346 04 03 Cartridges for weapons, with bursting charge 0348 05 03 Warheads, rocket with bursting charge 0369 05 03 Warheads, rocket with burster or expelling charge 0371 05 03 Sounding devices, explosive 0374 04 03 Sounding devices, explosive 0375 04 03 Cartridges, power device 0381 04 03 Fuzes, detonating, with protective features 0408 04 03 Fuzes, detonating, with protective features 0409 04 03 Cartridges for weapons, blank 0413 04 03 Charges, propelling, for cannon 0414 04 03 Charges, propelling 0415 04 03 Cartridges for weapons, inert projectile or Cartridges, small arms 0417 04 03 Projectiles, with burster or expelling charge 0426 05 03 Projectiles, with burster or expelling charge 0427 05 03 Rockets, with expelling charge 0436 04 03 Rockets, with expelling charge 0437 04 03 Charges, shaped , without detonator 0439 04 03 Charges, explosive, commercial without detonator 0442 04 03 Charges, explosive, commercial without detonator 0443 04 03 Cases, combustible, empty, without primer 0447 04 03 Torpedoes with bursting charge 0451 04 03 Charges, bursting, plastics bonded 0457 04 03 Charges, bursting, plastics bonded 0458 04 03 Articles, explosive, n.o.s 0462 04 03 Articles, explosive, n.o.s 0463 04 03 Articles, explosive, n.o.s 0464 04 03 Articles, explosive, n.o.s 0465 05 03 Articles, explosive, n.o.s 0466 04 03 Articles, explosive, n.o.s 0467 04 03 Articles, explosive, n.o.s 0468 04 03 Articles, explosive, n.o.s 0469 05 03 Articles, explosive, n.o.s 0470 04 03 Articles, explosive, n.o.s 0472 05 03 Rockets, with inert head 0502 02 03 Consistent with changes to Amendment 39-18 of the IMDG Code, PHMSA is making 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 is applying 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 is adding 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 is adding 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 is adding stowage code 25 to Dipropylamine, UN 2383 consistent with changes adopted in Amendment 39-18 of the IMDG Code. PHMSA is adding 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 final rule, PHMSA is adding existing vessel stowage code 74 and new vessel stowage codes 151 and 153 to UN 2977 and UN 2978. Additionally, PHMSA is adding new vessel stowage code 152 to UN 3507. Stowage code 74 requires stowage separated from oxidizers. See a section-by-section discussion on the proposed changes to § 176.84 for a description of stowage codes 151, 152 and 153. These amendments are necessary to ensure appropriate stowage and segregation provisions that account for the subsidiary and tertiary hazards of these commodities. Finally, we are adding new stowage provision 154 and assigning it to the NA 0124, NA 0494, UN 0494, and UN 0124 jet perforating gun HMT entries. This 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 52 Ethylamine UN1036 52 Hydrogen fluoride, anhydrous UN1052 53, 58 Methylamine, anhydrous UN1061 52 Trimethylamine, anhydrous UN1083 52 Amylamines UN1106 PG II & III 52 n-Butylamine UN1125 52 Diethylamine UN1154 52 Diisopropylamine UN1158 52 Ethyl chloroformate UN1182 53, 58 Ethyldichlorosilane UN1183 53, 58 Isobutylamine UN1214 52 Isopropylamine UN1221 52 Methyl chloroformate UN1238 53, 58 Methyldichlorosilane UN1242 53, 58 Methyltrichlorosilane UN1250 53, 58 Propylamine UN1277 52 Trichlorosilane UN1295 53, 58 Trimethylamine, aqueous solutions with not more than 50 percent trimethylamine by mass UN1297 all PG's 52 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 52 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 52 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 PGs 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 PGs 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 52 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 52 1,2-Propylenediamine UN2258 52 Tripropylamine UN2260 52 Dimethylcarbamoyl chloride UN2262 53, 58 N,N-Dimethylcyclohexylamine UN2264 52 Dimethyl-N-propylamine UN2266 52 Dimethyl thiophosphoryl chloride UN2267 53, 58 3,3′-Iminodipropylamine UN2269 52 2-Ethylhexylamine UN2276 52 Hexamethylenediamine, solid UN2280 52 Isophoronediamine UN2289 52 Nitrobenzenesulfonic acid UN2305 53, 58 Nitrosylsulfuric acid, liquid UN2308 53, 58 Trimethylcyclohexylamine UN2326 52 Trimethylhexamethylenediamines UN2327 52 Zinc chloride, anhydrous UN2331 53, 58 Allylamine UN2334 52 Butyryl chloride UN2353 53, 58 Cyclohexylamine UN2357 52 Diallylamine UN2359 52 Diisobutylamine UN2361 52 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 58 Furfurylamine UN2526 52 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 PGs 53, 58 Dicyclohexylamine UN2565 52 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 or Aryl sulfonic acids, solid, with more than 5 percent free sulfuric acid UN2583 53, 58 Alkyl sulfonic acids, liquid or Aryl sulfonic acids, liquid with more than 5 percent free sulfuric acid UN2584 53, 58 Alkyl sulfonic acids, solid or Aryl sulfonic acids, solid with not more than 5 percent free sulfuric acid UN2585 53, 58 Alkyl sulfonic acids, liquid or 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 52 Benzyldimethylamine UN2619 52 Chloric acid aqueous solution, with not more than 10 percent chloric acid UN2626 53 Fluoroacetic acid UN2642 53, 58 Cyanuric chloride UN2670 53, 58 3-Diethyamino-propylamine UN2684 52 N,N-Diethylethylenediamine UN2685 52 2-Diethylaminoethanol UN2686 52 Phosphorus pentabromide UN2691 58 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 or 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 52 Ammonium hydrogendifluoride, solution UN2817 all PGs 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 52 Boron trifluoride dehydrate UN2851 53, 58 Hydroxylamine sulfate UN2865 52, 53, 58 Titanium trichloride mixtures UN2869 all PGs 53, 58 Selenium oxychloride UN2879 53, 58 N-Methylbutylamine UN2945 52 Sulfamic acid UN2967 53, 58 Radioactive material, uranium hexafluoride non fissile or fissile-excepted UN2978 74, 151, 153 Radioactive material, uranium hexafluoride, fissile UN2977 74, 151, 153 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 52 Methanesulfonyl chloride UN3246 53, 58 Chloroacetic acid, molten UN3250 53, 58 Corrosive solid, acidic, inorganic, n.o.s UN3260 all PGs 53, 58 Corrosive solid, acidic, organic, n.o.s UN3261 all PGs 53, 58 Corrosive liquid, acidic, inorganic, n.o.s UN3264 all PGs 53, 58 Corrosive liquid, acidic, organic, n.o.s UN3265 all PGs 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 PGs 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 PGs 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 7. Appendix B to § 172.101—List of Marine Pollutants Appendix B to § 172.101 lists marine pollutants regulated under the HMR. Based on the 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 final rule, PHMSA is amending 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 final rule, PHMSA is revising the following § 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 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 final rule, PHMSA is revising 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 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 final rule, PHMSA is revising 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 the requirements for neutron radiation detectors containing boron trifluoride. In a final rule published under [(HM-215N); 82 FR 15796], 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. Therefore, PHMSA is removing 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 is adding 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 final rule, PHMSA is assigning 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 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 final rule, PHMSA is revising 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 is removing 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). Amendments to § 173.121 in this final rule 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 special provision 383 currently offers, and is deleting special provision 383 and removing the special provision from the HMT for those entries to which it is assigned. • Special provision 387. Special provision 387 is revised to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019, to January 2, 2023. • Special provision 388. Consistent with the UN Model Regulations, PHMSA is adding 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 is adding 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. This special provision, which captures many of the safety elements included in previous approvals issued by PHMSA, specifies 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, other hazardous materials 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” adopted in this rulemaking, PHMSA is adding 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 421. Special provision 421 is revised to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019 to January 2, 2023. • Special provision 422. PHMSA is 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 the requirements for radioactive materials with subsidiary hazards when transported by aircraft. In this final rule, PHMSA is revising special provision A56 consistent with the revisions made to special provision A78 in the 2019-2020 ICAO Technical Instructions. Specifically, where the subsidiary hazard material is listed as “Forbidden” in column (9A) or (9B) of the § 172.101 Table, the radioactive material may only be offered for transportation and transported by aircraft under conditions approved by the Associate Administrator. • Special provision A105. PHMSA is revising 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 is adding new special provision B136 that authorizes non-specification closed bulk bins for the following solid substances: 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 UN1386 Seed cake with more than 1.5 percent oil and not more than 11 percent moisture UN1398 Aluminum silicon powder, uncoated UN1435 Zinc ashes UN2071 Ammonium nitrate based fertilizer UN2216 Fish meal, stabilized or 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 or Ferrous metal shavings or Ferrous metal turnings or Ferrous metal cuttings in a form liable to self-heating • Portable tank special provisions: PHMSA is revising Portable Tank Special Provision TP10, assigned to UN 1744, to authorize a three-month extension for the transportation of bromine portable tanks for the purposes of performing the next required liner 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 flammable gases when in contact with water at the rate and quantity meeting the classification requirements for a Division 4.3 material, 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. Consistent with the IMDG Code PHMSA is deleting special provision W32 and assigning W31, which requires non-bulk packagings to be hermetically sealed regardless of the form of the material. Section 172.203 Additional Description Requirements Section 172.203 prescribes additional description requirements for shipping papers. In the NPRM, PHMSA proposed revising § 172.203(o)(2), to require that the words “TEMPERATURE CONTROLLED,” when appropriate, be added to the proper shipping name for Division 4.1 (polymerizing substance and self-reactive) and Division 5.2 (organic peroxide), if not already indicated in the HMT. PHMSA received a comment from DGAC noting that the HMT lists only four (4) n.o.s. entries for “polymerizing materials,” two of which identify that the material is stabilized and the other two of which already include the words “temperature controlled.” Therefore, the commenter states that the addition of “polymerizing substances” to this listing is unnecessary. PHMSA points out that polymerizing substances are not limited to the four (4) n.o.s. entries, but also include HMT entries assigned special provision 387. While it may be the case that all organic peroxides and self-reactive materials that require temperature control are assigned to HMT entries that include the words “temperature control” the same does not apply to polymerizing substances. Therefore, in this final rule PHMSA is revising paragraph (o)(2) as proposed in the NPRM. This amendment provides notice to those in the transport chain that a material is being offered under temperature control. In the NPRM, PHMSA proposed revising paragraph § 172.203(o)(3) by requiring that for samples of polymerizing substances, the word “SAMPLE” must be included in association with the basic description. PHMSA received comments from DGAC and Dow. Both commented that the corresponding regulatory reference in paragraph (o)(3) to § 173.224(c)(3) applies to self-reactive substances but not to polymerizing substances, and noted that there are no equivalent requirements in the HMR for samples of polymerizing substances. DGAC also noted that requiring the word “SAMPLE” for all polymerizing substances would create disharmony with the provisions in the IMDG code, which only require “SAMPLE” to be included on the transport document for self-reactive materials and organic peroxides. PHMSA agrees with the commenters and is not revising paragraph (o)(3) in this final rule. Additionally, PHMSA is adding polymerizing substances to the list of types of materials that the additional documentation requirements in paragraph (o) apply to. Section 172.407 Label Specifications 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 amending 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 amending 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 October 1, 2014) to continue to be used until December 31, 2018, is removed and reserved. PHMSA received comments from IME, DGAC and MDBTC expressing support for the revision of label border specifications. Yvonne Keller commented that changes to § 172.407 (c)(1) that were made in a previous final rule on Nov. 7, 2018 [(HM-219A); 83 FR 55792], would be overwritten by the proposed changes in the NPRM. The changes to (c)(1) in this rulemaking were intentional and consistent with changes made to international standards and adequately account for the changes to this paragraph in HM-219A. Section 172.514 Bulk Packagings 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 final rule, PHMSA is allowing flexible bulk containers to be placarded on two opposing sides. PHMSA received a comment from DGAC supporting the changes to placarding requirements for flexible bulk containers. Section 172.604 Emergency Response Telephone Number 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 15796], PHMSA harmonized the HMR with international regulations by adopting separate HMT entries for internal combustion engines based on the fuel, ( e.g., 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 final rule, PHMSA is amending paragraph (d)(2) to list all possible proper shipping names for engines per the original intent. PHMSA received a comment from DGAC supporting the change to the requirements for shipping descriptions of internal combustion engines. In a previous rulemaking [(HM-219A); 83 FR 55792], PHMSA made amendments to § 172.604 to clarify that excepted quantities do not require an emergency response telephone number. This final rule amends the same section, but accounts for the changes made in HM-219A. Section 172.800 Purpose and Applicability 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 material that is incorporated by reference into the HMR it was noted that the International Atomic Energy Agency (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 final rule, PHMSA is incorporating by reference the IAEA Code of Conduct on the Safety and Security of Radioactive Sources into paragraph (b)(15). Furthermore, we are revising 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 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—Shippers—General Requirements for Shipments and Packagings Section 173.2a Classification of a Material Having More Than One Hazard Section 173.2a outlines classification requirements for materials having more than one hazard. PHMSA is amending paragraph (a) to indicate the appropriate classification precedence for the new “Articles” HMT entries added in this final rule. This change gives guidance to offerors and shippers using the new HMT entries numbers that do not conform to a single hazard class. Section 173.6 Materials of Trade Exceptions 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 15796], 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 specific articles containing hazardous materials indicated in Table 4 below. This removal of an indication of packing group for these materials and articles has led to questions about the ability of these materials and articles to utilize the MOTs exceptions provided in § 173.6. Further, this final rule adds 12 new proper shipping names for articles that are also not assigned a packing group. See “Section 172.101 Hazardous Materials Table (HMT)” for a detailed discussion of this addition. It was not the intention of these previous rulemakings 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 final rule, PHMSA is adding a new paragraph (a)(7) to clarify that materials and articles for which Column (5) of the HMT 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. For all materials and articles for which a packing group was recently removed from the HMT, the corresponding section referenced in Column (8) of the § 172.101 Table requires packaging meeting either Packing Group II or III performance level or non-specification packaging. Therefore, the quantity limits in the new paragraph (a)(7) will reference the PG II or PG III limits in § 173.6(a)(1)(ii) or § 173.6(a)(3) for articles containing Division 4.3 materials, as appropriate. PHMSA received a supporting comment from USWAG stating: “We are pleased to note that PHMSA has proposed this change in the current rulemaking. We appreciate PHMSA's efforts to correct this important oversight.” In addition, PHMSA is revising paragraph (b)(3) to clarify the securement requirement for the transportation of articles under the MOTs exceptions. 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 9 Lithium ion batteries contained in equipment including lithium ion polymer batteries UN3481 9 Lithium ion batteries packed with equipment including lithium ion polymer batteries UN3481 9 Lithium metal batteries including lithium alloy batteries UN3090 9 Lithium metal batteries contained in equipment including lithium alloy batteries UN3091 9 Lithium metal batteries packed with equipment including lithium alloy batteries UN3091 9 Mercury contained in manufactured articles UN3506 8 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 9 Tear gas candles UN1700 6.1 Section 173.21 Forbidden Materials and Packages Section 173.21 describes the situations in which the offering for transport or transportation of materials or packages is forbidden. In this final rule, PHMSA is reinstating the provisions adopted in the HM-215N final rule. A delayed effective date of January 2, 2019 was placed on amendment 22 of the HM-215N final rule, which reinstated the provisions of § 173.21 in place prior to publication of that rule. Section 173.21 was not mentioned in the NPRM for this final rule because there was no amendment to make at the time, as the effective text of the section on the date of publication of the NPRM was the text we are reinstating in this final rule. The provisions that previously sunset on January 2, 2019 are reinstated in this final rule. PHMSA is extending the date for the sunset provisions for an additional two years versus the date proposed in the NPRM. The new sunset date for transport provisions concerning polymerizing substances is January 2, 2023. This addition is consistent with the discussion above on polymerizing substances and associated research in the background and comment discussion sections of this rulemaking. Section 173.62 Specific Packaging Requirements for Explosives 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 increasing 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 adopting this additional requirement for steel end caps noting the safe transportation record of these explosive articles under the existing requirements of the HMR. PHMSA received one comment from IME supporting the increase in the maximum authorized amount of explosive contents per tool pallet and cargo vessel compartment and PHMSA's decision to not require steel end caps, leaving the existing HMR requirement intact. Section 173.121 Class 3—Assignment of Packing Group Section 173.121 provides the 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 amending 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 noted that both the UN Model Regulations and The European Agreements Concerning the International Carriage of Dangerous Goods by Road and Rail 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. This change will increase the allowed volume of viscous liquids in a single package and will be applicable to all modes except for air. Specifically, in this final rule, PHMSA is increasing the packaging limits for viscous flammable liquids of Packing Group II material that may be assigned Packing Group III. For transport by vessel, PHMSA is increasing the limit from 30 L to 450 L. For transport by rail and highway, PHMSA is increasing the limit from 100 L to 450 L. Consistent with the ICAO Technical Instructions, the packaging quantity limits for air will remain 30 L for passenger aircraft and 100 L for cargo aircraft. Section 173.124 Class 4, Divisions 4.1, 4.2 and 4.3—Definitions Section 173.124 contains definitions for Class 4, Divisions 4.1, 4.2, and 4.3. In this final rule, PHMSA is amending paragraph (a)(4)(iv) to exten [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2020-06205. Public record. Not legal advice.