Hazardous Materials: Harmonization With International Standards

Federal RegisterJul 26, 2022

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

[Docket No. PHMSA-2019-0030 (HM-215P)]

RIN 2137-AF46

Hazardous Materials: Harmonization With International Standards

AGENCY:

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

ACTION:

Final rule.

SUMMARY:

PHMSA is amending the Hazardous Materials Regulations (HMR) to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Additionally, PHMSA is amending the HMR to allow for better alignment with Transport Canada's Transportation of Dangerous Goods Regulations. PHMSA is also withdrawing the unpublished October 1, 2020, Notice of Enforcement Policy Regarding International Standards on use of select updated international standards in complying with the HMR during the pendency of this rulemaking.

DATES:

Effective date:

This rule is effective August 25, 2022.

Voluntary compliance date:

January 1, 2021.

Delayed compliance date:

July 26, 2023.

Incorporation by reference date:

The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register on August 25, 2022. The incorporation by reference of certain other publications listed in this rule was approved by the Director of the Federal Register as of May 11, 2020.

FOR FURTHER INFORMATION CONTACT:

Candace Casey, Standards and Rulemaking, Steven Andrews, Standards and Rulemaking, or Aaron Wiener, International Program, at (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary

II. Background

III. Incorporation by Reference Discussion Under 1 CFR Part 51

IV. Comment Discussion

V. Section-by-Section Review of Amendments

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

C. Executive Order 13132

D. Executive Order 13175

E. Regulatory Flexibility Act and Executive Order 13272

F. Paperwork Reduction Act

G. Unfunded Mandates Reform Act of 1995

H. Environment Assessment

I. Executive Order 12898

J. Privacy Act

K. Executive Order 13609 and International Trade Analysis

L. National Technology Transfer and Advancement Act

I. Executive Summary

As discussed in further detail in this final rule (

see

the V. Section-by-Section Review of Amendments), the Pipeline and Hazardous Materials Safety Administration (PHMSA) amends certain sections of the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Furthermore, this final rule addresses the 17 sets of comments received in response to the Notice of Proposed Rulemaking (NPRM)

published in August 2021. Overall, the comments to the NPRM were generally supportive of the proposals made; however, PHMSA did receive a few comments seeking further clarification or revisions to the NPRM which PHMSA also addresses in this final rule.

86 FR 43844 (Aug. 10, 2021).

PHMSA expects that the adoption of the regulatory amendments in this final rule will facilitate transportation efficiency while maintaining the high safety standard currently achieved under the HMR. For example, the final rule will improve the safe transportation of vaccines and other medical materials associated with the ongoing response to the coronavirus disease 2019 (COVID-19) public health emergency, or any similar public health emergency that may emerge, by removing unnecessary regulatory hurdles to the international movement of those materials. This final rule will also align HMR requirements with anticipated increases in the volume of lithium batteries transported in interstate commerce from electrification of the transportation and other economic sectors. PHMSA also notes that the harmonization of the HMR with international consensus standards could reduce delays and interruptions of hazardous materials during transportation. The amendments may also lower greenhouse gas (GHG) emissions and safety risks to minority, low-income, underserved, and other disadvantaged populations, and communities in the vicinity of interim storage sites and transportation arteries and hubs.

The following list summarizes the more noteworthy amendments set forth in this final rule:

•

Incorporation by Reference:

PHMSA is incorporating by reference updated versions of the following international hazardous materials regulations and standards: the 2021-2022 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions); Amendment 40-20 to the International Maritime Dangerous Goods Code (IMDG Code); the 21st revised edition of the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations (UN Model Regulations); and the International Atomic Energy Agency (IAEA) “Specific Safety Requirements Number SSR-6: Regulations for the Safe Transport of Radioactive Material 2018 Edition” (SSR-6, Rev.1). PHMSA also incorporates by reference several new or updated International Organization for Standardization (ISO) standards, as well as an updated version of the Organization for Economic Cooperation and Development (OECD) Guidelines for the Testing of Chemicals

Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method.

•

Transport Canada temporary certificates:

PHMSA is amending the HMR to authorize the highway or rail transportation of a hazardous material within the United States pursuant to a temporary certificate issued under Transport Canada's Transportation of Dangerous Goods Regulations (TDG Regulations).

•

Hazardous Materials Table:

PHMSA is amending the Hazardous Materials Table (HMT; 49 CFR 172.101) 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.

•

Data loggers:

PHMSA is adopting provisions for lithium batteries in equipment that are attached to or contained in packagings, large packagings, intermediate bulk containers (IBCs), or cargo transport units as equipment in use or intended for use during transport, such as data loggers. Additionally, in response to the COVID-19 public health emergency and consistent with revisions to the 2021-2022 ICAO Technical Instructions, PHMSA is adding provisions specific to the air transportation of these items used in association with shipments of COVID-19 pharmaceuticals, including vaccines.

•

Removal of metal wall thickness requirements for certain metal IBCs:

PHMSA is removing the minimum wall thickness requirements for metal IBCs that have a capacity of 1500 liters (L) or less.

•

Stabilized fish meal or fish scrap by air:

PHMSA is authorizing the transport of stabilized fish meal or fish scrap (UN2216) on passenger and cargo aircraft. Currently, when transported as a Class 9 material, stabilized fish meal or fish scrap is only authorized for transportation by vessel. As a part of this amendment, PHMSA is also expanding the applicability of the stabilization requirements currently in place for shipments of these materials by vessel.

•

UN3549 Category A Medical Wastes:

PHMSA is adding an entry to the HMT for “UN3549, Medical Waste, Category A, Affecting Humans,

solid

or Medical Waste, Category A, Affecting Animals

only, solid.

” This entry provides an additional shipping description for solid materials meeting the Category A classification criteria that are not appropriate for classification in existing entries/classes “UN2814, Infectious substances, affecting humans, 6.2” or “UN2900, Infectious substances, affecting animals

only,

6.2.” Solid medical waste containing Category A infectious substances generated from the medical treatment of humans or veterinary treatment of animals (

e.g.,

disposable personal protective equipment) may be assigned to UN3549. Although PHMSA is not adopting certain packaging provisions adopted in the UN Model Regulations (UNMR), we are assigning Special Provision 131—which directs shippers to request approval from the Associate Administrator, through a special permit, prior to transportation—to UN3549. Additionally, PHMSA is amending certain parts of § 173.134, which provides definitions and exceptions for Class 6, Division 6.2 hazardous materials, to include references to this new UN number and proper shipping name.

•

Additional packagings for “UN2211, Polymeric beads, expandable, evolving flammable vapor” and “UN3314, Plastic molding compound in dough, sheet or extruded rope form evolving flammable vapor”:

PHMSA is expanding the authorized packagings for polymeric beads and plastic molding compound to include combination packagings rather than limiting packaging options to single packagings.

•

Miscellaneous revisions of requirements pertaining to the transportation of lithium batteries:

PHMSA is amending several provisions, including, but not limited to, minimum size markings and modification of stowage requirements for lithium batteries including those offered as damaged/defective or for disposal/recycling. PHMSA expects the revisions will contribute to the safe transportation of increased volumes of lithium batteries anticipated as a result of the increased use of that technology in the transportation and other economic sectors.

•

Definition of SADT (Self-accelerating decomposition temperature) and SAPT (Self-accelerating polymerizing temperature):

PHMSA is amending the definitions of SADT and SAPT to clarify that the lowest temperature at which these chemical reactions may occur in a packaging, IBC, or portable tank.

•

Periodic inspection for chemicals under pressure:

PHMSA is extending the periodic inspection, from five to ten years, for cylinders that are filled with hazardous materials described as “UN3500, Chemicals under pressure, n.o.s.” that are also used as fire extinguishing agents.

•

Technical name requirements for marine pollutants:

PHMSA is amending provisions pertaining to the addition of technical names to the shipping description when transporting hazardous materials that contain marine pollutants. These amendments aim to provide flexibility regarding documentation and marking requirements, which currently require identifying the technical names of marine pollutant components in those materials. Additionally, PHMSA is amending §§ 172.203(l) and 172.322 to limit the applicability of requirements for specific marine pollutant constituents for generic entries (indicated by the letter “G” in column 1 of the Hazardous Materials Table) and those containing “n.o.s.” as part of the proper shipping names.

•

Stability tests for nitrocellulose:

PHMSA is adding stability testing requirements for nitrocellulose to require that these materials meet the criteria of the Bergmann-Junk test or methyl violet paper test in the UN Manual of Tests and Criteria, Appendix 10.

Some of the amendments represent clear improvements in safety, such as nitrocellulose stability testing, additional closures for packagings intended for pyrophoric materials, and on deck stowage requirements for lithium batteries transported by vessel for disposal, recycling, or those that are damaged or defective. Furthermore, all of the amendments are expected to maintain the HMR's high safety standard for the public and the environment. Additionally, PHMSA anticipates that there are safety benefits to be derived from improved compliance related to consistency amongst domestic and international regulations.

Finally, as further explained in the Regulatory Impact Analysis (RIA), PHMSA calculates that the aggregate benefits of the amendments in this final rule more than justify their aggregate costs. In fact, PHMSA estimates that the annualized quantified net cost savings of this rulemaking, using a 7 percent discount rate, are approximately $24.5 to $28.3 million per year.

II. Background

The Federal hazardous materials transportation law (49 U.S.C. 5101

et seq.

) directs PHMSA to participate in relevant international standard-setting bodies and encourages alignment of the HMR with international transport standards consistent with the promotion of safety and the public interest.

See

49 U.S.C. 5120. This statutory mandate reflects the importance of international standard-setting activity considering the globalization of commercial transportation of hazardous materials. Harmonization of the HMR with those efforts can reduce the costs and other burdens of complying with multiple or inconsistent safety requirements between nations. Consistency between the HMR and current international standards can also enhance safety by: (1) ensuring that the HMR is informed by the latest best practices and lessons learned; (2) improving the understanding of—and compliance with—pertinent requirements; (3) facilitating the smooth flow of hazardous materials from their points of origin to their points of destination, thereby avoiding risks to the public and the environment from release of hazardous materials from delays or

interruptions in the transportation of those materials; and (4) enabling consistent emergency response procedures in the event of a hazardous materials incident.

PHMSA participates in the development of international regulations and standards for the transportation of hazardous materials. It also adopts within the HMR international standards consistent with PHMSA's safety mission. PHMSA reviews and evaluates each international standard it considers for incorporation within the HMR on its own merits, to include the effects on transportation safety, the environmental impacts, and any economic impacts. PHMSA's goal is to harmonize with international standards without diminishing the level of safety currently provided by the HMR or imposing undue burdens on the regulated community.

In a final rule published December 21, 1990,

PHMSA's predecessor—the Research and Special Programs Administration (RSPA)—comprehensively revised the HMR for greater consistency with the UNMR. The UNMR constitute a set of recommendations issued by the United Nations Committee of Experts (UNSCOE) on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The UNMR are amended and updated biennially by the UNSCOE and serve as the basis for national, regional, and international modal regulations, including the ICAO Technical Instructions and IMDG Code.

55 FR 52401 (Dec. 21, 1990).

PHMSA has evaluated recent updates to the international standards and is revising the HMR to adopt changes consistent with revisions to the 2021-2022 Edition of the ICAO Technical Instructions, Amendment 40-20 to the IMDG Code,

and the 21st revised edition of the UNMR, all of which were published by or in effect on January 1, 2021. PHMSA issued a Notice of Enforcement Policy Regarding International Standards

on October 1, 2020, stating that while PHMSA is considering the 2021-2022 Edition of the ICAO Technical Instructions and Amendment 40-20 to the IMDG Code for potential adoption into the HMR, PHMSA and other Federal agencies that enforce the HMR—

e.g.,

the Federal Railroad Administration, the Federal Aviation Administration (FAA), the Federal Motor Carrier Safety Administration, and the United States Coast Guard—will not take enforcement action against any offeror or carrier who uses these standards as an alternative to complying with current HMR requirements when all or part of the transportation is by air with respect to the ICAO Technical Instructions, or by vessel with respect to the IMDG Code. In addition, that Notice stated PHMSA, and its modal partners will not take enforcement action against any offeror or carrier who offers or accepts for domestic or international transportation by any mode packages marked or labeled in accordance with these standards. PHMSA withdraws its October 1, 2020, Notice of Enforcement Policy Regarding International Standards as of the effective date of this final rule. Additionally, in response to the ongoing global COVID-19 public health emergency, on December 31, 2020, and February 23, 2021, ICAO published addenda to the 2021-2022 Edition of the ICAO Technical Instructions to provide additional provisions and exceptions to reduce regulatory compliance burdens for the transport of certain hazardous materials, such as alcohols and aerosols used for hygienic purposes, by air. PHMSA is including those changes to international standards in this final rule. Finally, PHMSA is incorporating by reference these new international regulations and standards as well as new requirements from the IAEA, “Specific Safety Requirements Number SSR-6: Regulations for the Safe Transport of Radioactive Material 2018 Edition” (SSR-6, Rev.1); several new or updated ISO standards; and an updated version of the OECD Guidelines for the Testing of Chemicals

Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method.

The standards incorporated by reference are authorized for use for domestic transportation, under specific conditions, by part 171, subpart C of the HMR.

Amendment 40-20 to the IMDG Code may be voluntarily complied with as of January 1, 2021; however, Amendment 39-18 will remain effective through May 31, 2022.

PHMSA, Notice of Enforcement Policy Regarding International Standards (Oct. 1, 2020),

https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-10/Notice%20of%20Enforcement%20Policy%20Regarding%20International%20Standards%20Oct%201%202020.pdf.

During PHMSA's development of the final rule, the President issued a series of Executive Orders coordinating the Federal response to the COVID-19 public health emergency—a handful of those are pertinent to this final rule. Specifically, section 2 of Executive Order 13987 (“Organizing and Mobilizing the United States Government to Provide a Unified and Effective Response to Combat COVID-19 and To Provide United States Leadership on Global Health and Security”)

contemplates broad-based action across the Federal Government to “produce, supply, and distribute personal protective equipment, vaccines, tests, and other supplies for the Nation's COVID-19 response.” Similarly, Executive Order 14002 (“Economic Relief Related to COVID-19 Pandemic”)

directs Federal agencies like PHMSA to respond to the economic harm caused by the COVID-19 public health emergency by promptly identifying actions they can take within existing authorities to provide economic relief to affected persons and businesses. Lastly, the President has announced ambitious reductions in national GHG emissions to combat climate change, identifying electrification of the transportation and other economic sectors—to include enabling more widespread use of electric storage technologies, such as lithium batteries—as a critical element of that effort.

86 FR 7019 (Jan. 20, 2021).

86 FR 7229 (Jan. 21, 2021).

See,

e.g.,

White House, “Fact Sheet: President Biden Sets 2030 Greenhouse Gas Pollution Reduction Target Aimed at Creating Good-Paying Union Jobs and Securing U.S. Leadership on Clean Energy Technologies” (Apr. 21, 2021),

https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/22/fact-sheet-president-biden-sets-2030-greenhouse-gas-pollution-reduction-target-aimed-at-creating-good-paying-union-jobs-and-securing-u-s-leadership-on-clean-energy-technologies/.

III. Incorporation by Reference Discussion Under 1 CFR Part 51

According to the Office of Management and Budget (OMB), Circular A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,” government agencies must use voluntary consensus standards wherever practical in the development of regulations.

PHMSA currently incorporates by reference into the HMR all or parts of several standards and specifications developed and published by standard development organizations (SDOs). In general, SDOs update and revise their published standards every two to five years to reflect modern technology and best technical practices. The National Technology Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-113) directs Federal agencies to use standards developed by voluntary consensus standards bodies in lieu of government-written standards whenever possible. Voluntary consensus standards

bodies develop, establish, or coordinate technical standards using agreed-upon procedures. OMB issued Circular A-119 to implement section 12(d) of the NTTAA relative to the utilization of consensus technical standards by Federal agencies. This circular provides guidance for agencies participating in voluntary consensus standards bodies and describes procedures for satisfying the reporting requirements in the NTTAA. Accordingly, PHMSA is responsible for determining which currently referenced standards should be updated, revised, or removed, and which standards should be added to the HMR. Revisions to materials incorporated by reference in the HMR are handled via the rulemaking process, which allows for the public and regulated entities to provide input.

The UNMR, the UN Manual of Tests and Criteria, the IAEA Regulations for the Safe Transport of Radioactive Material, and the OECD Guidelines for the Testing of Chemicals

Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method

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 standard references are available for interested parties to purchase in either print or electronic versions through the parent organization websites. The price charged for those standards not freely available helps to cover the cost of developing, maintaining, hosting, and accessing these standards. The specific standards are discussed in greater detail in “V. Section-by-Section Review of Amendments Section” of this document.

IV. Comment Discussion

In response to the NPRM, PHMSA received 17 sets of comments

from the following persons:

https://www.regulations.gov/docket/PHMSA-2019-0030/comments

• Airbus

• Amazon

• Anonymous

• Council on the Safe Transportation of Hazardous Articles (COSTHA)

• Dangerous Goods Advisory Council (DGAC)

• Dow Chemical Company (Dow)

• Elanore Tessitore

• Healthcare Waste Institute (HWI)

• Institute for the Makers of Explosives (IME)

• Luxfer Canada

• Luxfer Gas Cylinders

• Medical Device Transport Council (MDTC)

• The Rechargeable Battery Association (PRBA)

• Reggie Valentine

• Rigid Intermediate Bulk Container Association (RIBCA)

• Reusable Industrial Packaging Association (RIPA)

• Stericycle

PHMSA received comments from Amazon, DGAC, COSTHA, MDTC, and PRBA, all providing general support for harmonization with international standards with additional support from Luxfer Gas Cylinders for the incorporation by reference of the ISO standards applicable to cylinders. In addition, PHMSA received a comment from IME encouraging expeditious adoption of changes to international regulations into the HMR.

Comments concerning the sunset provisions for polymerizing substances, damaged or defective batteries, and comments outside the scope of this rulemaking are discussed below. All other comments specific to proposed changes to HMR sections are addressed in the “V. Section-by-Section Review of Amendments” of this document.

A. Comments Outside the Scope of This Rulemaking

PHMSA received a comment from an anonymous person noting that PHMSA did not propose to update the publications referenced in § 173.58(c). This section addresses the assignment of Class and Divisions for new explosives and paragraph (c) specifically addresses classification of Division 1.6 explosives. The anonymous commenter states the provisions of § 173.58(c) are outdated relative to the 21st revised edition of the UNMR and the UN Manual of Tests and Criteria 7th revised edition. The anonymous commenter suggests that PHMSA review and amend § 173.58(c) to maintain alignment with international regulations. Specifically, the commenter notes that the UN provisions (as outlined in the UN Manual of Test and Criteria) currently specify that explosive substances in Division 1.6 articles must be “predominantly containing an extremely insensitive substance” and must no longer be “exclusively containing an extremely insensitive substance” as currently cited in § 173.58(c). Additionally, the commenter adds that a Division 1.6 article fragment impact test has been added to the UN provisions (as outlined in the UN Manual of Test and Criteria) for Division 1.6 articles and that test is not cited within § 173.58(c).

PHMSA acknowledges the commenter's concerns over the testing requirements for Division 1.6 explosives in § 173.58(c). However, PHMSA did not propose changes to this section in the NPRM and, therefore, declines to make such revisions in this final rule without further evaluation by PHMSA subject matter experts and an opportunity for stakeholders to comment on the issue. If the commenter has a proposal to revise the regulatory text § 173.58(c), PHMSA encourages the commenter to submit a petition for rulemaking in accordance with 49 CFR 106.100 and provide specific justification that the regulatory text at § 173.58(c) must be updated to mirror language in the updated industry standards referenced elsewhere in § 173.58.

In its comments on the NPRM, MDTC noted that PHMSA did not address the inclusion of Special Provision A201—approval of the State of Origin and the operator—and other provisions codified in the HM-224I Interim Final Rule (IFR).

While PHMSA appreciates the comments from MDTC, we are not addressing comments to the HM-224I IFR in this final rule. PHMSA will address and respond to all comments on the HM-224I IFR in a future HM-224I final rule.

84 FR 8006 (Mar. 6, 2019).

B. Polymerizing Substances

Dow and DGAC provided comments on the sunset dates for polymerizing substances as outlined in a previously issued international harmonization final rule, HM-215O.

In HM-215O, PHMSA extended the sunset dates to January 2, 2023, for polymerizing substances to allow PHMSA to complete an ongoing research project and analyze all comments and data concerning the issue submitted to the docket for the HM-215O

NPRM. Dow and DGAC are concerned that the next international harmonization rule will be published after January 2, 2023, resulting in polymerizing substances regulations no longer being in effect for transportation in accordance with the HMR. PHMSA expects to address these concerns regarding sunset dates for transportation of polymerizing substances in a final rule prior to the expiration of the sunset dates.

79 FR 46012 (Aug. 16, 2014).

85 FR 27810 (May 11, 2020).

C. Guidance on Damaged or Defective Batteries

In its comments, MDTC and PRBA requested that PHMSA include a note from Special Provision 376 of the UNMR for determining whether a lithium battery is damaged or defective within the amendments adopted in this

final rule. The commenters state this note will better assist shippers on how to evaluate whether a lithium battery is considered damaged or defective. PHMSA appreciates MDTC and PRBA bringing this issue to our attention and concurs that more guidance is needed to help in the determination of when a lithium battery is considered damaged or defective. However, the note to Special Provision 376 of the UNMR is guidance and not prescriptive language within that international standard. While PHMSA does not believe it is appropriate to codify the note to Special Provision 376 of the UNMR within the HMR currently, PHMSA acknowledges the value of the Special Provision 376 language in providing guidance on the shipment of damaged or defective batteries. Towards that end, PHMSA has issued a safety advisory notice on the shipment of damaged or defective batteries.

Within this safety advisory notice, PHMSA has paraphrased and cited the guidance presented in the note to Special Provision 376 of the UNMR for determining when a battery is damaged or defective. PHMSA encourages the shippers of damaged or defective batteries to review this notice for assistance in the shipment of damaged or defective lithium batteries.

See the “Safety Advisory Notice for the Disposal and Recycling of Lithium Batteries in Commercial Transportation” issued on May 17, 2022, at:

https://www.phmsa.dot.gov/news/phmsa-safety-advisory-notice-transportation-lithium-batteries-disposal-or-recycling

D. Support for PHMSA's Decision Not To Propose Certain Amendments

DGAC provided comments on revisions in the 21st revised edition of the UNMR that contain packing instructions for several electric battery entries in the UNMR. The 21st revised edition of the UNMR contains amendments to Packing Instruction P801, applicable to used batteries assigned the following UN numbers: “UN2794, Batteries, wet, filled with acid, electric storage;” “UN2795, Batteries, wet, filled with alkali, electric storage;” and “UN3028, Batteries, dry, containing potassium hydroxide solid, electric storage.” These amendments were adopted to correct issues unique to the UNMR pertaining to the required use of stainless-steel boxes and plastic bins as packaging for these used batteries. DGAC provided comments in support of PHMSA's decision to not propose adopting these unique packaging requirements into the HMR and concurs with PHMSA's position that there is not a sufficient safety justification to limit the transport of used batteries. DGAC concludes the new provisions to P801 for these batteries would not substantially improve their safe transportation.

V. Section-by-Section Review of Amendments

The following is a section-by-section review of the amendments in this final rule.

A. Part 171

Section 171.7

Section 171.7 provides a listing of all voluntary consensus standards incorporated by reference into the HMR, as directed by the NTTAA. 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. PHMSA contributed to the development of those updated standards—each of which build on the well-established and documented safety histories of earlier editions—as it participated in the discussions and working group activities associated with their proposal, revision, and approval. Those activities have, in turn, informed PHMSA's evaluation of the effect on safety those updated consensus standards would have when incorporated by reference and their provisions adopted into the HMR. Further, PHMSA notes that some of the consensus standards incorporated by reference within the HMR in this rulemaking have already been adopted into the regulatory schemes of other countries, noting again that PHMSA itself has issued an enforcement discretion authorizing their use as an interim strategy for complying with current HMR requirements. PHMSA is not aware of adverse safety impacts from that operational experience. For these reasons, PHMSA expects their adoption will maintain the high safety standard currently achieved under the HMR. PHMSA received a comment from DGAC in support of these incorporation by reference revisions. Therefore, PHMSA is adding or revising the following incorporation by reference materials:

• In paragraph (s)(1), incorporate by reference the 2018 edition of the IAEA Regulations for the Safe Transport of Radioactive Material, Safety Standards Series No. SSR-6 (Rev.1), to replace the 2012 edition, which is currently referenced in §§ 171.22; 171.23; 171.26; 173.415; 173.416; 173.417; 173.435; and 173.473. The IAEA regulations establish standards of safety for control of the radiation, criticality, and thermal hazards to people, property, and the environment that are associated with the transport of radioactive materials. Notable changes from the previous 2012 edition include clarification of certain marking requirements, a new group of surface contaminated objects SCO-III for “UN2914,” and amendments to basic radionuclide values (activity of the radionuclide as listed in § 173.435) for seven specific radionuclides (Ba-135m, Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149 and Tb-161). The Regulations for the Safe Transport of Radioactive Material are available for download (free PDF) and purchase in hard copy on the IAEA website at:

https://www.iaea.org/publications/12288/regulations-for-the-safe-transport-of-radioactive-material.

• In paragraph (t)(1), incorporate by reference the 2021-2022 edition of the ICAO Technical Instructions, to replace the 2019-2020 Edition, which is currently referenced in §§ 171.8; 171.22; 171.23; 171.24; 172.101; 172.202; 172.401; 172.407; 172.512; 172.519; 172.602; 173.56; 173.320; 175.10, 175.33; and 178.3. The ICAO Technical Instructions specify detailed instructions for the safe international transport of dangerous goods by air. The requirements in the 2021-2022 edition have been amended to better align with the 21st revised edition of the UNMR and the IAEA Regulations for the Safe Transport of Radioactive Material. Notable changes in the 2021-2022 edition of the ICAO Technical Instructions include new packing and stowage provisions, new and revised entries on the Dangerous Goods List, and editorial corrections. The 2021-2022 edition of the ICAO Technical Instructions are available for purchase on the ICAO website at

https://store.icao.int/en/shop-by-areas/safety/dangerous-goods.

• In paragraph (v)(2), incorporate by reference the 2020 edition of the IMDG Code, Incorporating Amendment 40-20 (English Edition), to replace Incorporating Amendment 39-18, 2018 Edition, which is currently referenced in §§ 171.22; 171.23; 171.25; 172.101; 172.202; 172.203; 172.401; 172.407; 172.502; 172.519; 172.602; 173.21; 173.56; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140; 176.720; 176.906; 178.3; and 178.274. The IMDG Code is a unified international code that outlines standards and requirements for the transport of dangerous goods by vessel. Notable changes in Amendment 40-20 include new packing and stowage provisions, new and revised entries on the Dangerous Goods List, and editorial corrections. Distributors of the IMDG Code can be found on the International

Maritime Organization (IMO) website at:

https://www.imo.org/en/publications/Pages/Distributors-default.aspx.

• In paragraph (w), incorporate by reference or remove the following ISO documents to include new and updated standards for the specification, design, construction, testing, and use of gas cylinders:

—ISO 10156:2017, “

Gas cylinders—Gases and gas mixtures—Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets”

in paragraph (w)(38) and referenced in § 173.115. ISO 10156 specifies methods for determining whether a gas or gas mixture is flammable in air and whether a gas or gas mixture is more or less oxidizing than air under atmospheric conditions. It is intended to be used for the classification of gases and gas mixtures including the selection of gas cylinder valve outlets. This amendment removes ISO 10156:2010, third edition, and the associated corrigendum (ISO 10156:2010/Cor.1:2010(E)), from the HMR and adds the revised ISO 10156:2017(E), fourth edition, as the former documents have been withdrawn by ISO and replaced with the updated 2017 versions. As part of the five-year periodic review of all standards, ISO reviewed ISO 10156:2010 and published an updated version, ISO 10156:2017, which was published in September 2017 and adopted in the 21st revised edition of the UNMR. While many of the edits in this 2017 version were editorial changes made to suit the ISO publication rules, the standard has also been supplemented with a test method to determine the flammability limits of gases and gas mixtures in air and a calculation method to determine the lower flammability limit of a gas mixture. PHMSA expects that the latter change will enhance safety by providing improved instruction on the determination of flammability of gases and gas mixtures which aids in the proper selection of a valve. (

See

§ 173.115 of the Section-by-Section Review of Amendments for additional discussion of this change).

—ISO 10297:2014/Amd 1:2017, “

Gas cylinders—Cylinder valves—Specification and type testing”

in paragraph (w)(42) and referenced in §§ 173.301b and 178.71. ISO published this supplemental amendment to the 2014 version of this document (

i.e.,

ISO 10297:2014) to clarify valve requirements for tubes and pressure drums and to correct errors found in the 2014 version. PHMSA references this amendment in §§ 173.301b and 178.71, where use of ISO 10297:2014 is required. PHMSA reviewed this document and determined that the amendments provide additional safety benefits for hazardous materials in transportation.

—ISO 10462:2013, “

Gas cylinders—Transportable cylinders for dissolved acetylene—Periodic inspection and maintenance.”

PHMSA is deleting the second edition of ISO 10462 currently in paragraph (w)(44) from the list of materials incorporated by reference. PHMSA requires the use of ISO 10462 for the requalification of a dissolved acetylene cylinder in § 180.207. In final rule HM-215N,

PHMSA incorporated by reference the updated third edition of ISO 10462; however, the rule included a sunset provision to allow continued used of this second edition until December 31, 2018. Because this date has since passed, and the second edition is no longer authorized for use under § 180.207, PHMSA is removing the reference to this edition in § 171.7, as well as making a conforming revision to remove the sunset provision in § 180.207.

82 FR 15796 (Mar. 30, 2017).

—ISO 11114-1:2012/Amd 1:2017(E), “

Gas cylinders—Compatibility of cylinder and valve materials with gas contents—Part 1: Metallic materials—Amendment 1.”

In paragraph (w)(47), PHMSA is referencing—ISO 11114-1:2012/Amd 1:2017(E), in §§ 172.102, 173.301b, and 178.71. The 2017 ISO 11114-1:2012/Amd 1:2017(E) document supplements ISO 11114-1:2012(E), which provides requirements for the selection of safe combinations of metallic cylinder and valve materials, and cylinder gas contents. As part of ISO's regular five-year review of its standards, the 2012 version of this document was amended through the issuance of this supplemental document, ISO 11114-1:2012/Amd 1:2017(E). The ISO 11114-1:2012/Amd 1:2017(E) document amends the 2012 version by providing more explicit instructions on the permissible concentrations of gases containing halogens in aluminum cylinders. It also provides amended requirements for butylene, hydrogen cyanide, hydrogen sulfide and nitric oxide. Consequently, the 21st revised edition of the UNMR updated all references to the 2012 edition to include a reference to the supplemental amendment (ISO 11114-1:2012/Amd 1:2017(E)). PHMSA revises the HMR likewise, by amending Special Provision 379, §§ 173.301b and 178.71 where ISO 11114-1:2012(E) is permitted or required, to also require compatibility with ISO 11114-1:2012/Amd 1:2017(E).

—ISO 11119-1:2012(E), “

Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 1: Hoop wrapped fibre reinforced composite gas cylinders and tubes up to 450 l,”

found in paragraph (w)(55). This document specifies requirements for composite gas cylinders and tubes between 0.5 L and 450 L water capacity, for the storage and conveyance of compressed or liquefied gases. ISO 11119-1:2012(E) is currently incorporated by reference in § 178.71; however, PHMSA is further incorporating by reference in § 178.75 to allow for the use of this ISO standard for specification multi-element gas containers (MEGCs).

—ISO 11119-2:2012(E), “

Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with load-sharing metal liners”

found in paragraph (w)(57). ISO 11119-2:2012 specifies requirements for composite gas cylinders and tubes between 0.5 L and 450 L water capacity, for the storage and conveyance of compressed or liquefied gases. ISO 11119-2:2012(E) is currently incorporated by reference in § 178.71; however, PHMSA further incorporates by reference in § 178.75 use of this ISO standard for specification MEGCs.

—ISO 11119-2:2012/Amd.1:2014(E), “Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 L with load-sharing metal liners, Amendment 1” found in paragraph (w)(58). ISO 11119-2:2012/Amd. 1:2014(E) is currently incorporated by reference in § 178.71; however, PHMSA further incorporates by reference in § 178.75 the use of this ISO standard for specification MEGCs. This supplemental amendment was published to align the drop test originally provided in ISO 11119-2 with the drop test outlined in ISO 11119-3 “

Gas cylinders of composite construction—Specification and test methods—Part 3: Fully wrapped fibre reinforced composite gas cylinders with non-load-sharing metallic or non-metallic liners”.

—ISO 11119-3:2013(E), “

Gas cylinders of composite construction—Specification and test methods—Part 3: Fully wrapped fibre reinforced composite gas cylinders with non-load-sharing metallic or non-metallic liners”

listed in paragraph (w)(60). This document is currently incorporated by reference in § 178.71; however, PHMSA is additionally incorporating by reference in § 178.75. ISO 11119-3:2013 specifies requirements for composite gas cylinders up to 150 L water capacity and composite tubes above 150 L water capacity and up to 450 L water capacity, for the storage and conveyance of compressed or liquefied gases.

—ISO 11119-4:2016, “

Gas cylinders—Refillable composite gas cylinders—Design, construction and testing—Part 4: Fully wrapped fibre reinforced composite gas cylinders up to 150 l with load-sharing welded metallic liners,”

in (w)(61), which PHMSA references in §§ 178.71 and 178.75. This standard provides requirements for composite gas cylinders with load-sharing welded liners between 0.5 L and 150 L water capacity and a maximum test pressure of 450 bar

for the storage and conveyance of compressed or liquefied gases. PHMSA is requiring UN composite cylinders and tubes to conform to this standard in § 178.71.

See

178.71 of Section-by-Section Review of Amendments for additional discussion on this new incorporation by reference.

1 Bar = 100 kPa = 14.504 psi.

—ISO 14246:2014/Amd 1:2017, “

Gas cylinders—Cylinder valves—Manufacturing tests and examinations—Amendment 1,”

in paragraph (w)(71). PHMSA is adding a reference to this document in § 178.71. This one-page amendment, published in 2017, is intended for use in conjunction with ISO 14246:2014, which specifies the procedures and acceptance criteria for manufacturing testing and examination of cylinder valves that have been manufactured to achieve type approval. This 2017 document amends the 2014 version by updating the pressure test and leakproofness test specifically for acetylene valves. Consequently, the 21st revised edition of the UNMR updated all references to the 2014 edition to include a reference to the supplemental amendment (ISO 14246/Amd 1:2017). Therefore, PHMSA is likewise adding a reference to this supplement in § 178.71, which requires inspection and testing in accordance with ISO 14246:2014.

See

178.71 of the Section-by-Section Review of Amendments for additional discussion.

—ISO 17879:2017, “

Gas cylinders—Self-closing cylinder valves—Specification and type testing,”

in paragraph (w)(75). PHMSA is adding a reference to this standard in §§ 173.301b and 178.71. This standard provides the design, type testing, marking, and manufacturing tests and examination requirements for self-closing cylinder valves intended to be fitted to refillable transportable gas cylinders used to transport compressed, liquefied, or dissolved gases.

—ISO 20475:2018, “

Gas cylinders—Cylinder bundles—Periodic inspection and testing”

in paragraph (w)(77). This standard provides the requirements for the periodic inspection and testing of cylinder bundles containing compressed, liquefied, and dissolved gas. PHMSA is adding a reference to this standard in § 180.207, which provides the requirements for requalification of UN pressure receptacles.

—All ISO standards are available for preview and purchase at:

https://www.iso.org/standards.html.

• In paragraph (aa)(3), incorporate by reference the updated 2016 version of the OECD Guidelines for the Testing of Chemicals “

Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method.”

PHMSA is updating the version of OECD Guidelines for the Testing of Chemicals Test No. 431 referenced in § 173.137, to maintain alignment with the UNMR. This document is used for the identification of corrosive chemical substances and mixtures. This updated edition includes in vitro methods allowing for better differentiation between hazard categories, which had not been possible under earlier editions due to the limited set of well-known in vivo corrosive sub-category chemicals against which to validate in vitro testing results. Therefore, this updated test protocol may provide clearer distinctions between severe and less severe skin corrosives. OECD test methods can be found in the OECD iLibrary available at:

https://www.oecd-ilibrary.org/

• In paragraph (dd), incorporate by reference United Nations standards including:

—“

Recommendations on the Transport of Dangerous Goods—Model Regulations,”

21st revised edition (2019), Volumes I and II, in paragraph (dd)(1), which are referenced in §§ 171.8; 171.12; 172.202; 172.401; 172.407; 172.502; 172.519; 173.22; 173.24; 173.24b; 173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; and 178.274. The UNMR provide framework provisions promoting uniform development of national and international regulations governing the transportation of hazardous materials by various modes of transport. At its ninth session on December 7, 2018, the UNSCOE on the Transport of Dangerous Goods and on the GHS adopted amendments to the UNMR concerning, inter alia: electric storage systems (including lithium batteries installed in cargo transport units and defective batteries), explosives, infectious waste of Category A, waste gas cartridges, harmonization with the 2018 edition of IAEA's Regulations for the Safe Transport of Radioactive Material, listing of dangerous goods, update of LC50 values for some toxic gases, and use of in vitro skin corrosion methods for classification. Therefore, PHMSA is adopting this revised edition in order to reflect these important updates.

—The Manual of Tests and Criteria, 7th revised edition (2019), in paragraph (dd)(2), which is referenced in §§ 171.24, 172.102; 173.21; 173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 173.127; 173.128; 173.137; 173.185; 173.220; 173.221; 173.224; 173.225; 173.232; part 173, appendix H; 175.10; 176.905; and 178.274. The Manual of Tests and Criteria contains instruction for the classification of hazardous materials for purposes of transportation according to the UNMR. PHMSA replaces the sixth revised edition (2015) and the sixth revised edition, Amendment 1 (2017) with the 7th revised edition. The amendments adopted in 2018 for the 7th revised edition include: a full review of the text of the Manual to facilitate its use in the context of the GHS; a new test under test series 8 to determine the sensitiveness of a candidate ammonium nitrate, emulsion or suspension, or gel, intermediate for blasting explosive, to the effect of intense localized thermal ignition under high confinement; new provisions addressing classification of polymerizing substances for transport; stability tests for nitrocellulose mixtures (new Appendix 10); and a compilation of classification results on industrial nitrocellulose in accordance with Chapter 2.17 of the GHS, which can be used for the classification of industrial

nitrocellulose based products (new Appendix 11). Additionally, the Committee considered that the reference to the “Recommendations on the Transport of Dangerous Goods” in the title of the manual was no longer appropriate and decided that the manual should be entitled “

Manual of Tests and Criteria.”

Therefore, PHMSA amends the title of this document in the list of reference material in § 171.7 to reflect this change. Finally, PHMSA is adopting this revised edition in order to reflect these important updates.

—“

Globally Harmonized System of Classification and Labelling of Chemicals”,

eighth revised edition (2019) in paragraph (dd)(3), which is referenced in § 172.401. The GHS standard provides a basic scheme to identify the hazards of substances and mixtures and to communicate the hazards. At its ninth session on December 7, 2018, the Committee adopted a set of amendments to the 7th revised edition of the GHS which include, inter alia: new classification criteria, hazard communication elements, decision logics, and guidance for chemicals under pressure; new provisions for the use of in vitro/ex vivo data and non-test methods to assess skin corrosion and skin irritation; miscellaneous amendments to clarify the classification criteria for Specific Target Organ Toxicity; revised and further rationalized precautionary statements and an editorial revision of Sections 2 and 3 of Annex 3; new examples of precautionary pictograms to convey the precautionary statement “Keep out of reach of children”; a new example in Annex 7 addressing labelling of sets or kits; and guidance on the identification of dust explosion hazards and the need for risk assessment, prevention, mitigation, and hazard communication. Therefore, PHMSA is adopting this revised edition in order to reflect these important updates.

—“

Agreement concerning the International Carriage of Dangerous Goods by Road,”

in (dd)(4), which is referenced in § 171.23. The Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) outlines regulations concerning the international carriage of dangerous goods by road within the EU and other countries that are party to the agreement. PHMSA removes references to the 2019 edition of the ADR, ECE/TRANS/257, and adds references to volumes I and II and the corrigendum of the 2020 edition, ECE/TRANS/300. The ADR can be accessed at:

https://www.unece.org/trans/danger/publi/adr/adr_e.html

. The main changes to the 2020 edition include revisions to the P200 packaging section for cylinders and updates to reference various updated ISO publications. As such, PHMSA is adopting this revised edition in order to reflect these important updates.

The following standards are already incorporated by reference in the section(s) in which they appear in the regulatory text: ISO 10297:1999(E), ISO 10297:2006(E), ISO 10297:2014(E), ISO 10461:2005(E), ISO 10462:2013(E), ISO 10692-2:2001(E), ISO 10692-2:2001(E), ISO 11114-1:2012(E), ISO 11114-2:2013(E), ISO 11117:1998(E): ISO 11117:2008(E), ISO 11117:2008/Cor.1:2009(E): ISO 11118(E), ISO 11118:2015(E), ISO 11119-1(E), ISO 11119-2(E), ISO 11119-3(E), ISO 11120(E), ISO 11120:2015(E), ISO 11513:2011(E), ISO 11621(E), ISO 11623(E), ISO 11623:2015(E), ISO 13340:2001(E); ISO 13736:2008(E), ISO 14246:2014(E), ISO 16111:2008(E), ISO 16148:2016(E), ISO 17871:2015(E), ISO 18172-1:2007(E), ISO 20703:2006(E), ISO 21172-1:2015(E), ISO 22434:2006(E), and ISO/TR 11364:2012(E); European Directive 2010/35/EU; Transport Canada TDG Regulations; Test Nos. 404, 430, and 435.

Section 171.8

Section 171.8 defines terms used throughout the HMR that have broad or multi-modal applicability. Currently, the definitions provided in § 171.8 for SADT and SAPT—

i.e.,

“self-accelerating decomposition temperature” and “self-accelerating polymerization temperature”—only spell out the abbreviations and direct users to § 173.21—Forbidden materials and packages—for the actual defining criteria. In the NPRM, we proposed to make editorial changes to improve the utility of the definitions of SADT and SAPT by providing a clear explanation of these terms in the context of packaging within the HMR. As such, DGAC provided comments in response to the NPRM in support of PHMSA's proposed revision of the definitions for SADT and SAPT; and confirmed that these changes will clarify understanding of these terms and assist selection of the proper packaging of these materials. Therefore, PHMSA is making editorial changes to improve the utility of the definitions of SADT and SAPT by providing a clear explanation of these terms in the context of packaging within the HMR.

Section 171.12

Paragraph (a) of § 171.12 prescribes requirements for the use of the TDG Regulations for hazardous materials transported from Canada to the United States, from the United States to Canada, or through the United States to Canada or a foreign destination. In this final rule, PHMSA amends § 171.12(a)(1) to authorize the use of a temporary certificate issued by Transport Canada for motor carrier or rail transportation of a hazardous material.

In a 2017 rulemaking—HM-215N

—PHMSA authorized hazardous materials to be offered for transportation or transported by motor carrier and rail in accordance with an equivalency certificate issued by Transport Canada, as an alternative to transportation of these items under the TDG Regulations as provided in § 171.22. The HMR amendment resulted from negotiations by the U.S.-Canada Regulatory Cooperation Council (RCC), a government-to-government forum established in 2011 by the President of the United States and the Canadian Prime Minister for PHMSA and Transport Canada, respectively, to identify and resolve—with input from stakeholders—impediments to cross-border transportation of hazardous materials. Among the initiatives agreed upon by PHMSA and Transport Canada within the RCC was modification of their respective regulations to ensure reciprocal recognition of special permits (PHMSA) and certificates (Transport Canada) specifying the terms and conditions authorizing deviations from their respective regulatory requirements governing transportation of hazardous materials.

82 FR 15796 (Mar. 30, 2017).

Subsequently, Transport Canada recognized PHMSA's special permits, which are issued based on either being in the public interest or on the basis that the permit provides a demonstrable equivalent level of safety.

See

§ 107.105(d). In HM-215N, PHMSA revised the HMR to recognize equivalency certificates by Transport Canada based on a finding of safety equivalence with the TDG Regulations. That rulemaking did not, however, reflect the fact that Transport Canada also issues temporary certificates authorizing deviation from the TDG Regulations on a finding that transportation of certain hazardous materials is in the public interest. Transport Canada issues temporary certificates after a technical review by its subject matter experts of an

applicant's supporting documentation demonstrating shipment of the hazardous material is in the public interest. Temporary certificates are of limited duration and specify terms and conditions—often extensive—to mitigate risks to public safety and the environment. Transport Canada posts all temporary certificates to its publicly available website.

See Transport Canada, “Approvals—Search by Certificate Number,”

https://wwwapps.tc.gc.ca/Saf-Sec-Sur/3/approvals-approbations/SearchCertificates.aspx

(last visited Apr. 16, 2021).

PHMSA has evaluated Transport Canada's practices in reviewing and issuing temporary certificates and expects that PHMSA's recognition of those certificates for motor carrier or rail transportation of hazardous materials will not adversely affect safety. As noted above, Transport Canada issues those certificates only after a technical review is completed by its own subject matter experts to mitigate residual risks to public safety and the environment as outlined by the certificates' terms and conditions, including limiting duration of those temporary certificates. Additionally, other regulatory requirements (of Transport Canada or PHMSA) not excepted by a temporary certificate remain in effect. PHMSA further notes that, consistent with the HMR's existing authorization in § 171.12 for reliance on the TDG Regulations to authorize certain shipments in the United States, the new authorization to use a temporary certificate applies only for the duration of a shipment. In other words, once a shipment offered in accordance with a temporary certificate reaches its destination, any subsequent offering of packages imported under a Transport Canada temporary certificate must be completed in full compliance with the HMR. PHMSA's revisions to § 171.12 further mitigates risk to public safety and the environment by applying only to motor carrier and rail.

The recognition of Transport Canada-issued temporary certificates improves cross-border movement of hazardous materials responding to the COVID-19 public health emergency or other future emergencies. For example, among the temporary certificates recently issued by Transport Canada are several authorizing exceptions from TDG Regulations to enable movement of hand sanitizer chemicals and COVID-19 test samples.

These revisions to the HMR help to ensure that, should Transport Canada issue additional temporary certificates responding to the COVID-19 public health emergency or another cross-border threat to public safety or the environment, the HMR will not be an obstacle to those efforts. Dow, DGAC, and COSTHA all provided comments in support of the amendment to improve cross-border movement of hazardous materials. Commenters added that this revision will improve efforts in responding to the COVID-19 and other potential public health emergencies.

See Transport Canada, “Temporary Certificates,”

https://tc.canada.ca/en/dangerous-goods/temporary-certificates

(last visited Apr. 16, 2021).

Section 171.23

Section 171.23 outlines the requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations. It also includes provisions that authorize the use—under specific conditions—of pi-marked pressure vessels, which are pressure vessels and pressure receptacles that comply with ECE/TRANS/257, the ADR, and the EU Directive 2010/35/EU, and marked with a pi (π) symbol to denote such compliance. PHMSA is amending § 171.23(a) to update the reference to ECE/TRANS/257 to: (1) reference the 2020 edition of this document, ECE/TRANS/300; and (2) reference both volumes I and II of the ADR. Specifically, § 171.23(a) authorizes cylinders that comply with the requirements of Packing Instruction P200 (packing instruction for cylinders, tubes, pressure drums, and bundles of cylinders) or P208 (packing instruction for Class 2 adsorbed gases) and 6.2 (requirements for the construction and testing of pressure receptacles, aerosol dispensers, small receptacles containing gas (gas cartridges), and fuel cell cartridges containing liquefied flammable gas) of the ADR, published in 2019 as document ECE/TRANS/257. Upon review of the 2020 edition of this document, ECE/TRANS/300, PHMSA did not find any substantive changes to the provisions in 6.2, P200, or P208, and therefore, does not expect that incorporating by reference ECE/TRANS/300 will impose any safety risk or economic impact. However, updating the version incorporated by reference to reflect the edition that is currently in force facilitates access to foreign markets by U.S. manufacturers and businesses.

B. Part 172

Section 172.101 Hazardous Materials Table (HMT)

The HMT summarizes terms and conditions governing transportation of certain hazardous materials under the HMR. For each entry, the HMT identifies information such as the proper shipping name, UN identification number, and hazard class. The HMT specifies additional information or reference requirements in the HMR such as hazard communication, packaging, quantity limits aboard aircraft, and stowage of hazardous materials aboard vessels. In this final rule, PHMSA amends certain entries in the HMT to reflect the regulatory amendments discussed below in the Section-by-Section Review of Amendments. For purposes of the Government Publishing Office's typesetting procedures, changes to the HMT appear under three sections of the HMT: “remove,” “add,” and “revise.” Certain entries in the HMT, such as those with revisions to the proper shipping names, appear as a “remove” and “add.” Amendments to the HMT include the following:

New HMT Entries

• UN0511, Detonators, electronic programmable for blasting

• UN0512, Detonators, electronic programmable for blasting

• UN0513, Detonators, electronic programmable for blasting

• UN3549, Medical Waste, Category A, Affecting Humans,

solid or

Medical Waste, Category A, Affecting Animals

only, solid

The UNMR contain a new entry to its Dangerous Goods List for regulated medical waste in Category A (

see

above list for UN3549). In the NPRM, PHMSA proposed to add this new entry for this proper shipping name and UN number and assigning Special Provision 131 to inform offerors that an approval is required when shipping this material.

DGAC and HWI provided comments supporting the inclusion of a new entry in the HMT for “UN3549, Medical Waste, Category A, Affecting Humans,

solid or

Medical Waste, Category A, Affecting Animals

only, solid.”

However, DGAC and HWI believe that PHMSA should include the corresponding packing provisions in the UNMR associated with “UN3549, Medical Waste, Category A, Affecting Humans,

solid or

Medical Waste, Category A, Affecting Animals

only, solid.”

DGAC asserts that PHMSA should accept the internationally recognized packaging for these materials as a part of the international harmonization process. Both DGAC and HWI believe that continuing to require special permits or approvals for the packaging of these materials does little to enhance transportation safety. HWI adds that the special permit process can take a significant amount of time and recommends that PHMSA provide

initial packaging guidance for Category A medical wastes, so that generators have an immediate, safe, and compliant packaging solution.

PHMSA is adding “UN3549, Medical Waste, Category A, Affecting Humans,

solid or

Medical Waste, Category A, Affecting Animals

only, solid”

to the HMT in order to provide a more detailed proper shipping name for the shipment of biological waste. PHMSA acknowledges that in biological emergency response crises, such as the response to Ebola outbreaks, it is critical to have approved packagings for cleanup of biological waste. However, PHMSA asserts that due to the unknown nature of any infectious agent that may produce a category A biological waste, it is necessary to retain greater oversight of the safety and operational controls associated with approved packagings via the special permit process. PHMSA's special permit process can accommodate emergency processing of applications for instances associated with transportation of hazardous materials during a public health emergency or natural disaster. For these reasons PHMSA is not assigning baseline packaging provisions in the HMT for to the new proper shipping name “UN3549, Medical Waste, Category A, Affecting Humans,

solid or

Medical Waste, Category A, Affecting Animals

only, solid.”

However, PHMSA is assigning Special Provision 131 to state that approval from the Associate Administrator, through a special permit, is required when offering this material for transportation.

PHMSA assigns a new special provision, Special Provision 430, to specify the appropriate use of this proper shipping name. The addition of a proper shipping name that more specifically describes the material in transportation is expected to reduce regulatory burdens in shipping this material internationally and domestically. By limiting the scope of transport by way of special provision approval requirements for each shipment, PHMSA can exercise greater oversight of the transport of these materials to, from, or within the United States.

PHMSA is adding three new entries for the proper shipping name “Detonators, electronic

programmable for blasting”

with the following new UN numbers: UN0511, UN0512, and UN0513. These entries were added in the 21st revised edition of UNMR as result of a proposal from the Australian Explosives Industry and Safety Group (AEISG) and ensuing discussions held by the UN Working Group on Explosives (EWG) of the Sub-Committee of Experts on the Transport of Dangerous Goods in 2017 and 2018.

AEISG proposed adding new entries in the UNMR for electronic detonators to distinguish them from electric detonators, which have significantly different design characteristics.

https://unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SG-AC.10-C.3-2018-58e.pdf.

The HMT has nine entries for detonators—not used for ammunition—which include: “Detonators, non-electric for blasting,” “Detonators, electric for blasting,” and “Detonator assemblies, non-electric for blasting,” which may fall in to one of three hazard classes (1.1B, 1.4B, or 1.4S). Under the hazardous materials classification scheme, based on the existing available entries, electronic detonators are required to be transported as “Detonators, electric for blasting” which is not the most accurate description. While using this name does not pose inherent risks during transportation, it creates potential for risks in down-stream storage, use, and handling operations. Because electronic detonators are significantly different from other electric and non-electric detonators, PHMSA is adding new entries for these devices rather than including them within the existing entries for electric detonator types. As with other explosives, the proper classification of these devices depends on packaging and testing, hence new entries must include all possible hazard classifications (1.1B, 1.4B, and 1.4S). For other newly added hazardous materials assigned a UN number on the Dangerous Goods List in the UNMR, PHMSA is adding: UN0511 (1.1B), UN0512 (1.4B), and UN0513 (1.4S) to the HMT to facilitate proper classification and handling across governmental and modal jurisdictions. PHMSA determined that this change provides clarity and enhanced safety by adding more specific proper shipping names to describe the difference between electronic detonators and electric detonators. PHMSA received a comment from IME in support of including these three new hazardous materials descriptions for electronic detonators in the HMT.

Column (1) Symbols

Section 172.101(b) describes column (1) of the HMT and symbols providing for additional requirements for transportation of listed hazardous materials that may be indicated in the column. As provided in § 172.101(b)(1): (1) the symbol “A” identifies a material that is subject to the requirements of the HMR only when offered or intended for transportation by aircraft; (2) the symbol “W” identifies a material that is subject to the requirements of the HMR only when offered or intended for transportation by vessel; and (3) the symbol “I” identifies proper shipping names which are appropriate for describing materials in international transportation. The UNMR were amended for consistency with the ICAO Technical Instructions to indicate that in addition to being regulated by vessel, the following entries are also regulated for air transport: “UN1372, Fibers, animal

Fibers, vegetable

burnt, wet or damp,”

“UN1387, Wool waste, wet,” “UN1856, Rags, oily,” “UN1857, Textile waste, wet,” and “UN3360, Fibers, vegetable, dry.” In the case of these particular entries, they are forbidden for air transport in the ICAO Technical Instructions. While reviewing this amendment, PHMSA found that all of these entries except for “UN3360, Fibers, vegetable, dry,” are also identified as only being regulated for air and vessel transportation as denoted by the symbols “A” and “W” in column (1). For UN3360, the symbols “I” and “W” are presently assigned in column (1) and the quantity limit in column (9) is “No Limit” for both passenger and cargo air. This is inconsistent with the ICAO Technical Instructions which forbid this material for transport by air. Therefore, consistent with the ICAO Technical Instructions for the UN3360 entry, PHMSA adds the symbol “A” to column (1) and amends column (9) to read “Forbidden.” This is further consistent with the entries for similar materials “UN1372, Fibers, animal

Fibers, vegetable” and “UN1373, Fibers

Fabrics, animal

vegetable

Synthetic, n.o.s.” that are also assigned the symbol “A” in column (1) and “Forbidden” in column (9). PHMSA determines that this change will facilitate international air transportation and save shippers time and costs by preventing delayed and rejected shipments.

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. The UNMR contain the entry “UN3363, Dangerous Goods in Articles

Dangerous Goods in Machinery

Dangerous Goods in Apparatus,” in its Dangerous Goods List; however, the HMT entry UN3363 does not include “Dangerous Goods in Articles or,” in the proper shipping name. PHMSA is adding “Dangerous Goods in Articles

or,”

to the proper

shipping name. This change provides flexibility for shippers selecting the most appropriate proper shipping name by adding a third option in the proper shipping name associated with this UN Number. Additionally, for the proper shipping name “Fuel system components (including fuel control units (FCU), carburetors, fuel lines, fuel pumps)” which currently directs HMT users to “see Dangerous Goods in Apparatus or Dangerous Goods in Machinery”, PHMSA is amending the directions to include a reference to “Dangerous Goods in Articles.” PHMSA expects that these changes will improve hazard communication by including a more specific description for articles containing hazardous materials.

Additionally, for the entry “UN2522, 2-Dimethylaminoethyl methacrylate,” PHMSA is adding the word “stabilized” to this proper shipping name to identify this material as a polymerizing substance. Discussions held by the UNSCOE identified “UN2522, 2-Dimethylaminoethyl-methacrylate” as having a similar molecular structure and polymerization behaviors to “UN 3302, 2-Dimethylaminoethyl acrylate, stabilized.” Under the HMR and international regulations, polymerizing substances require verification that a sufficient level of stabilization is provided prior to transportation. This requirement for stabilization is also indicated by assignment of Special Provision 387 in the HMT, which PHMSA adds for UN2522.

Finally, for the entry “UN3171, Battery-powered vehicle or Battery-powered equipment,” PHMSA is making an editorial change to italicize the “or” in the hazardous material description. Currently, the “or” is in roman type and not italicized. Section 172.101(c) introductory text instructs that proper shipping names are limited to those in roman type. Moreover, the current form of the entry is such that a person may confuse the proper shipping name with the whole description and not the option of “Battery-powered vehicle” or “Battery-powered equipment.” Therefore, PHMSA revises the entry to read “Battery-powered vehicle

Battery-powered equipment.”

Column (5) Packing Group

Section 172.101(f) describes column (5) of the HMT, which specifies one or more packing groups—PG I, II, or III—assigned to certain materials. A PG designation indicates the required level of packaging according to the degree of danger presented by hazardous materials. PG I indicates the greatest level of danger, PG II corresponds to a medium level of danger, and PG III corresponds to a minor danger.

In the NPRM, PHMSA proposed to remove the assignment of PG II as indicated in column (5) for the entry “UN3291, Regulated medical waste, n.o.s.

Clinical waste, unspecified, n.o.s.

(BIO) Medical waste, n.o.s.

Biomedical waste, n.o.s.,

Medical Waste n.o.s.” This entry is the only entry with a Division 6.2 classification that has PG II assigned in column (5).

HWI provided comments in support of harmonizing with international standards by removing the assignment of PG II from column (5) of the HMT for the “UN 3291, Regulated medical waste, n.o.s.” entry. However, HWI notes that “PG II” is currently widely utilized as part of the proper shipping description marking on regulated medical waste containers, of which many of their members have a significant inventory. HWI seeks confirmation that that packages with “PG II” printed on the package as part of the proper shipping description can still be used permissively.

PHMSA confirms that packages marked with “PG II” as part of the proper shipping name can permissively be used if the package otherwise complies with §§ 172.303 and 172.304 marking requirements. HWI further suggests PHMSA clarify that PG II containers are still required to meet the packaging requirements in § 173.197 and that the removal of the packing group from the HMT does not negate authorized packaging at the PG II performance level. PHMSA agrees that the PG II performance level requirements for packaging used for regulated medical waste in § 173.197 would still apply; however, we do not believe further clarification is necessary as we did not propose changes to the packaging provisions. It is clear that § 173.197 is assigned to “UN3291” material in the HMT for authorized non-bulk packagings, for example, and that the packaging requirements in paragraph (b) required UN standard packagings at the PG II performance level.

Therefore, PHMSA is amending this entry to not include PG II in column (5) of the HMT and to align with international regulations and § 172.101(f), which specifically states that Division 6.2 materials are not assigned packing groups in the HMR. For packaging purposes, any requirement for a specific packaging performance level is set out in the applicable packaging authorizations of part 173. Instead of having PG II indicated in Column (5), packaging provisions for these materials would continue to be outlined in § 173.197. PHMSA expects this editorial change will maintain the current level of safety as no packaging provisions are changing.

Column (6) Label Codes

Section 172.101(g) describes column (6) of the HMT, which contains label codes representing the hazard warning labels required for specific hazardous materials in the HMT. In the HM-215O final rule,

PHMSA added twelve HMT entries as part of a classification scheme for articles containing hazardous materials not otherwise specified by name (

i.e.,

n.o.s. entries) in the HMR. The entries were inadvertently added without label codes in column (6). PHMSA is correcting the entries here by adding the appropriate label codes to the following:

85 FR 27810 (May 11, 2020).

• 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.

Column (7) Special Provisions

Section 172.101(h) describes column (7) of the HMT, which assigns special provisions for each HMT entry. Section 172.102 provides for the meaning and requirements of the special provisions assigned to entries in the HMT. The revisions to column (7) of certain entries in the HMT are discussed below. Also,

see

§ 172.102 of the Section-by-Section Review of Amendments below for a detailed discussion of the special provision amendments addressed in this final rule.

Special Provisions 196 and 197

PHMSA is adding new Special Provision 196 to the following HMT

entries to outline thermal stability testing requirements for their transportation:

• UN0340, Nitrocellulose,

dry or wetted with less than 25 percent water (or alcohol), by mass

• UN0341, Nitrocellulose,

unmodified or plasticized with less than 18 percent plasticizing substance, by mass

• UN0342, Nitrocellulose,

wetted with not less than 25 percent alcohol, by mass

• UN0343, Nitrocellulose,

plasticized with not less than 18 percent plasticizing substance, by mass.

PHMSA is assigning new Special Provision 197 to the following entries in the HMT to outline thermal stability testing requirements for their transportation:

• UN2555, Nitrocellulose with water

with not less than 25 percent water, by mass

• UN2556, Nitrocellulose with alcohol

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

• UN2557, Nitrocellulose,

with not more than 12.6 percent nitrogen, by dry mass

mixture with

without plasticizer, with

without pigment

• UN3380, Desensitized explosives, solid, n.o.s.

PHMSA received an anonymous comment on the proposal to add Special Provisions 196 and 197 for nitrocellulose products. These special provisions are intended to ensure nitrocellulose products are tested to verify they meet specific stability requirements to avoid the danger of self-ignition during transportation. The commenter notes that the special provisions state “[t]he nitrocellulose must meet the criteria of the Bergmann-Junk test or methyl violet paper test in the UN Manual of Tests and Criteria, Appendix 10 (IBR, see § 171.7 of this subchapter).” The commenter supports these revisions and believes they will ensure that Class 1 and Class 4 nitrocellulose products are tested to verify that the materials meet specific stability requirements to avoid the danger of self-ignition during transportation.

However, the anonymous commenter asserts that the stability of nitrocellulose is highly dependent upon storage conditions, and such testing at the time of manufacture does not necessarily guarantee stability during transportation (

i.e.,

transportation might happen a significant time after manufacturing and testing has occurred). Therefore, the commenter believes the text of Special Provisions 196 and 197 should additionally include a time criterion for testing nitrocellulose products to indicate how recently the testing for stability occurred. The commenter acknowledges that any time frame identified would require a discretionary evaluation of risks by PHMSA. However, even such discretionary decision-making would help ensure nitrocellulose products that may have decreased stability since testing are not put into transportation.

PHMSA notes that in discussions at UN subcommittee meetings, the Bergmann-Junk or methyl violet paper tests were compared to the normal thermal stability test. The overall conclusion was that the Bergmann-Junk or methyl violet paper tests did a better job in determining whether remaining nitric acids had been properly washed away during manufacture. If the acids are properly washed away during manufacture (as verified by the testing) the materials are unlikely to destabilize with time. PHMSA therefore understands that there should be low risk for future breakdown due to excess acids over time such as during storage. PHMSA further notes that the commenter's assumption that HMR requirements should address the low risk of these nitrocellulose products degrading over time is in tension with the HMR's approach regarding other hazardous materials of similar classification. For example, the current classification scheme in the HMR requires thermal stability testing before explosives are approved for transportation, but it does not explicitly require batch-specific testing every time a new shipment is made. The HMR places the responsibility on the manufacturer or offeror to ensure each batch is the same as the formulation that was approved. This means manufacturer or offeror often conducts a variety of tests on each batch for quality assurance purposes. Similarly, the classification scheme in the HMR makes no guarantees that materials approved for transportation can be stored for extended periods of time in any possible condition before subsequent transportation under their original approval. The HMR places responsibility on the offeror to ensure that their material has not decomposed or destabilized over time prior to transportation. Additionally, the burden lies with the offeror to ensure that the material does not need to be reclassified. Lastly, explosives that are known to be unstable or no longer meet the acceptance criteria would be considered forbidden explosives under § 173.54. Therefore, PHMSA does not agree with the commentor that a time frame is necessary for the stability testing required by Special Provisions 196 and 197.

Special Provision 360

PHMSA is assigning Special Provision 360 to the following HMT entries:

• UN3481, Lithium ion batteries, contained in equipment or packed with equipment

including lithium ion polymer batteries

• UN3091, Lithium metal batteries, contained in equipment or packed with equipment

including lithium alloy batteries

Special Provision 360 instructs that vehicles only powered by lithium batteries must be assigned the identification number UN3171.

See

SECTION 172.102 SPECIAL PROVISIONS for further discussion of Special Provision 360.

Special Provision 387

PHMSA is assigning Special Provision 387 to the HMT entry for “UN2522, 2-Dimethylaminoethyl methacrylate.” Special Provision 387 provides additional instructions for hazardous materials stabilized by chemical or temperature controls to ensure a level of stabilization prior to transportation sufficient to prevent the material from dangerous polymerization. The rationale for this change is discussed further below.

Portable Tank Special Provisions

PHMSA is removing and reserving Special Provisions TP39 and T41 for the PG II entry for “UN2381, Dimethyl disulfide” and the PG I entry for “UN3148, Water-reactive liquid, n.o.s.” respectively, as the transition period for continued use of certain portable tanks has expired. In the HM-215L final rule,

PHMSA added Special Provisions TP39 and TP41 to provide more time for portable tank transporters to transition their fleets in compliance with portable-tank specific requirements in Special Provisions T4 and T9. Special Provision TP39 authorized continued use of portable tank requirements in Special Provision T4 until December 31, 2018. Special Provision TP41 authorized the continued use of portable tank instruction T9 until December 31, 2018. Since that date has passed, TP39 and TP41 are no longer necessary.

78 FR 987 (Jan. 1, 2013).

Column (9) Quantity Limitations

Section 172.101(j) explains the purpose of column (9) in the HMT. Column (9) specifies quantity limitations for packages transported by

air and rail. Column (9) is divided into two columns: Column (9A) provides quantity limits for passenger aircraft/rail; and column (9B) provides quantity limits for cargo aircraft. The revisions only address transportation by aircraft, as the UNMR did not contemplate any changes to the limitations for transportation via rail.

The ICAO Technical Instructions have added provisions allowing “UN2216, Fish meal, stabilized

Fish scrap, stabilized” to be transported by aircraft when also meeting the provisions of ICAO Special Provision A219. Consistent with the ICAO Technical Instructions, PHMSA is amending Column 9 for this entry to indicate quantity limits for passenger and cargo aircraft of 100 kg and 200 kg, respectively.

As a conforming amendment, PHMSA also revises the § 173.218 packaging requirements for fish meal and fish scrap to reflect the authorization to transport this material by aircraft in addition to vessel.

See

SECTION 173.218 of the Section-by-Section Review of Amendments for further detail.

Column (10) Vessel Stowage

Section 172.101(k) explains the purpose of Column (10) of the HMT and prescribes the vessel stowage and segregation requirements for specific entries. Column (10) is divided into two columns: Column (10A) [Vessel stowage] specifies the authorized stowage locations on board cargo and passenger vessels; and Column (10B) [Other provisions] specifies special stowage and segregation provisions.

In Column (10A) for the entry for “UN3135, Water-reactive solid, self-heating, n.o.s., PG I,” consistent with the IMDG Code, PHMSA is amending the assigned stowage category from “E” to “D.” This revision means the material must be stowed “on deck only” on a cargo vessel or on a passenger vessel carrying a number of passengers limited to the greater of 25 passengers total or one passenger for each 3 meters of overall vessel length; transport is prohibited on a passenger vessel in which those passenger limits have been exceeded. Stowage category “E” is currently assigned to this material which allows “under deck” storage. The IMDG Code previously only authorized this material for transportation with the approval of the competent authority through the application of Special Provision 76. The IMDG Code has removed this special provision and the associated approval requirement and provided all necessary transport provisions for this commodity. This revision is consistent with the stowage category for other Division 4.3, PG I, materials with subsidiary hazards that are also assigned stowage category “D” for “on deck only” stowage and the IMDG Code assigned stowage category. For the “UN2900, Infectious substances, affecting animals

only

” and “UN2814, Infectious substances, affecting humans,” PHMSA is amending the assigned stowage category from “B” to “E.” This revision allows “on deck” or “under deck” stowage but does not allow stowage onboard when the number of passengers exceeds 25. This revision aligns with the IMDG Code assignment of this stowage category to these materials and is not expected to materially change the nature of authorized transport options for these materials.

Additionally, consistent with revisions to the IMDG Code, PHMSA makes numerous revisions to the special stowage and segregation provisions indicated in column (10B) of the HMT, labeled “other provisions.” PHMSA is assigning stowage code 52, which requires stowage “separated from” acids, to several entries in the HMT that are in a group of chemicals called alcoholates. Segregation from acids is currently not required by the HMR for these materials. However, alcoholates are strong alkaline substances that react vigorously with acids. Stowage code 52 is assigned to the following HMT entries:

• UN1289, Sodium methylate solutions

in alcohol

• UN1431, Sodium methylate

• UN3206, Alkali metal alcoholates, self-heating, corrosive, n.o.s.

• UN3274, Alcoholates solution, n.o.s.,

in alcohol

For the entries “UN2900, Infectious substances, affecting animals

only

” and “UN2814, Infectious substances, affecting humans,” PHMSA is adding stowage codes 13 and 95 and new stowage code 155. Stowage codes 13 and 95 require keeping material as dry as reasonably practicable and stowage “separated from” foodstuffs. The IMDG Code has varying levels of stowage either “away from” or “separated from” foodstuffs depending on the type of shipment (

e.g.,

containerized or break-bulk). PHMSA is adding the more restrictive “separated from,” regardless of the type of shipment. The stowage of these materials separated from foodstuffs is expected to prevent inadvertent cross contamination of foodstuffs. New stowage code 155 requires vessel carriers to keep handling of the packages to a minimum and to inform the appropriate public health authority or veterinary authority where persons or animals may have been exposed to the package contents. Additionally, this handling restriction and communication requirement may facilitate reducing exposure and contract tracing surrounding UN2814 packages that contain COVID-19 materials. Except for the general “separated from” language, these revisions are consistent with IMDG Code requirements.

Additionally, for the PG III entry of “UN3129, Water-reactive liquid, corrosive, n.o.s.,” and for the PG II and III entries for “UN3132, Water-reactive solid, flammable, n.o.s.,” and “UN3135, Water-reactive solid, self-heating, n.o.s.,” which are all water reactive Division 4.3 materials, PHMSA is adding stowage code 85 to column (10B). Stowage code 85 requires “under deck” stowage in mechanically ventilated spaces. This revision is intended to ensure that if the cargo is stowed under deck, adequate mechanical ventilation is provided. Mechanical ventilation is important to ensure any potentially dangerous gases or vapors released are expelled from the cargo hold and not allowed to build up below deck.

PHMSA adds stowage code 156 to the lithium battery entries “UN3090, Lithium metal batteries,” “UN3091, Lithium metal batteries contained in equipment, or Lithium metal batteries packed with equipment,” “UN3480, Lithium ion batteries,” and “UN3481, Lithium ion batteries contained in equipment or Lithium ion batteries packed with equipment” in the HMT in column (10B). This new stowage code assignment requires that, in lieu of the stowage category A assigned in column (10A) in the current HMR which allows stowage “on deck” or “under deck,” lithium batteries that are offered in transportation for purposes of disposal or recycling, or that are offered under damaged, defective, or recalled provisions (

see

§ 173.185(f) of the HMR), are required to be stowed in accordance with stowage category C which requires “on deck only” stowage on cargo and passenger vessels. PHMSA expects that this new stowage code will enhance the safety of shipment of lithium batteries expected from anticipated increases in use of lithium batteries in the transportation and other economic sectors in the years ahead. PHMSA received a comment from MDTC in support of this proposal.

PHMSA adds stowage code 157 to column (10B) for numerous entries in the HMT. Stowage code 157 requires aerosols, small receptacles containing gas, or gas cartridges transported for

purposes of recycling or disposal, to be stowed in accordance with stowage category C, which requires “on deck only” stowage, and be clear of living quarters. This stowage code requirement is in lieu of the stowage category A assigned in column (10A) in the current HMR allowing “on deck” or “under deck” stowage. PHMSA adds new stowage code 157 to the following entries in the HMT:

• UN1950, Aerosols,

corrosive, Packing Group II or III, (each not exceeding 1 L capacity)

• UN1950, Aerosols,

flammable, (each not exceeding 1 L capacity)

• UN1950, Aerosols, flammable, n.o.s.

(engine starting fluid) (each not exceeding 1 L capacity)

• UN1950, Aerosols,

non-flammable, (each not exceeding 1 L capacity)

• UN1950, Aerosols,

poison, Packing Group III (each not exceeding 1 L capacity)

• UN2037, Gas cartridges,

(flammable) without a release device, non-refillable

• UN2037, Receptacles, small, containing gas

gas cartridges

(flammable) without release device, not refillable and not exceeding 1 L capacity

• UN2037, Receptacles, small, containing gas

gas cartridges

(non-flammable) without release device, not refillable and not exceeding 1 L capacity

• UN2037, Receptacles, small, containing gas

gas cartridges

(oxidizing), without release device, not refillable and not exceeding 1 L capacity

Section 172.102 Special Provisions

Section 172.102 lists special provisions applicable to the transportation of specific hazardous materials. Special provisions contain various provisions including packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. PHMSA is making the following revisions to the special provisions in this section:

Special Provision 47

Special Provision 47 allows mixtures of solids that are not subject to the HMR and Class 3 flammable liquids to be transported as flammable solid material described as “UN3175, Solids containing flammable liquid, n.o.s., 4.1,” without applying the Division 4.1 classification criteria. This classification is permitted provided that there is no free liquid visible at the time the material is loaded or at the time the packaging is closed. In addition to providing classification testing relief for these items, this special provision provides further relief from the HMR for packets and articles, generally referred to as small inner packagings, if they contain less than 10 mL of a Class 3 liquid (in Packing Group II or III) and if the liquid is absorbed (

i.e.,

no free liquid in the packet or article) onto a solid material. This special provision is widely used for articles such as alcohol wipes, and due to the ongoing COVID-19 public health emergency, these items are being transported in increasing numbers to meet demand. While many of these wipes, depending on how they are packed, meet the conditions of this special provision and qualify for exception from regulation, confusion around the wording of the packaging conditions to qualify for the exception has led to an editorial amendment in the ICAO Technical Instructions.

On December 31, 2020, in an addendum to the 2021-2022 edition of the ICAO Technical Instructions, Special Provision A46 was amended to remove a reference to “small inner packaging” related to the sealed packets and articles. Prior to this amendment—and as currently provided in the HMR in Special Provision 47—it reads that to be excepted from the HMR, “small inner packagings consisting of sealed packets and articles containing less than 10 mL of a Class 3 liquid in Packing Group II or III absorbed onto a solid material are not subject to this subchapter provided there is no free liquid in the packet or article.” The phrasing is ambiguous enough that shippers may misinterpret the language as instructing them to pack small inner packagings with the sealed packets or articles. Instead, the intent of “small inner packagings” was to describe sealed packets and articles. The amendment to Special Provision A46 in the ICAO Technical Instructions is consistent with other provisions in the ICAO Technical Instructions; for example, Special Provision A158 clearly states that sealed packets and articles containing less than 10 mL of an environmentally hazardous liquid are not subject to the requirements when certain conditions are met. PHMSA agrees with the amendment made in the ICAO Technical Instructions removing the reference to “small inner packagings” to avoid confusion and makes the same revision in Special Provision 47 to clarify the exception within the HMR. PHMSA expects this clarification will facilitate the transport of hygienic products intended to prevent the spread of COVID-19.

Special Provision 134

Special Provision 134 provides instruction on the use of the HMT entry “UN3171, Battery-powered vehicle

Battery-powered equipment,” stipulating that it applies only to vehicles or equipment powered by wet batteries, sodium batteries, lithium metal batteries, or lithium ion batteries that are transported with these batteries installed. PHMSA amends language in Special Provision 134 to clarify its use in connection with lithium batteries installed in cargo transport units. Under this amendment, these items are described by a separate entry in the HMT, specifically, “UN3536, Lithium batteries installed in cargo transport unit” for which there are unique transportation requirements that do not apply to transport of battery-powered vehicles or equipment. PHMSA also amends the language in this special provision to replace the phrase “consigned under” with the phrase “described using” to provide a more easily-accessible, plain language understanding of the requirement. These amendments will clarify the requirements for packaging, marking, and transport of lithium batteries and ensure safe transport.

Special Provision 135

Special Provision 135 provides instruction for selecting the appropriate proper shipping name for vehicles with internal combustion engines powered by various fuel sources, such as a flammable gas, flammable liquid, or fuel cell. PHMSA amends Special Provision 135 to specify that lithium batteries installed in cargo transport units (UN3536), which are designed only to provide power external to the transport unit, may not be classified as an internal combustion engine installed in a vehicle. PHMSA expects that adding this clarifying language will avoid misclassifying lithium batteries in cargo transport units. Additionally, consistent with revisions to Special Provision 134, PHMSA amends the language in this special provision to replace the phrase “consigned under” with the phrase “described using” to the entries to provide consistency across similar provisions and improve understanding of the requirement.

Special Provision 136

Special Provision 136 provides instructions regarding the use of the HMT entry “UN3363, Dangerous Goods in Apparatus

Dangerous Goods in Machinery” and indicates that this UN number and the associated proper shipping names are only applicable to

machinery and apparatus containing hazardous materials as an integral element of the machinery or apparatus. In light of the addition of “Dangerous Goods in Articles” to the list of acceptable proper shipping names for UN3363 (

see

§ 172.101 of the Section-by-Section Review of Amendments), PHMSA revises this special provision to add the words “articles” where machinery and apparatus are mentioned. PHMSA expects this revision to improve consistency across HMR provisions where UN3363 is discussed, thus enhancing safety.

Special Provision 147

Special Provision 147, assigned to UN3375, provides instruction on the description and classification criteria for non-sensitized emulsions, suspensions, and gels consisting mostly of ammonium nitrate and fuel, intended to produce a Type E blasting explosive only after further processing prior to use, which are transported as “UN3375, Ammonium nitrate emulsion

Ammonium nitrate suspension

Ammonium nitrate gel, intermediate for blasting explosives.” Currently, the HMR requires applicants to pass Test Series 8(a), (b), and (c) of the UN Manual of Tests and Criteria, when requesting an approval for transportation under UN3375. However, PHMSA is revising the last sentence of Special Provision 147 by removing the specific requirement to pass Tests 8(a), (b), and (c), so that eligible materials can pass Test Series 8(e) in lieu of 8(c) of the UN Manual of Tests and Criteria. Modifying Special Provision 147 will align with the equivalent special provision in the UNMR (SP 309) which was amended similarly. PHMSA makes this revision to reflect and allow for the inclusion of an additional test in the Test Series 8 provided in the UN Manual of Tests and Criteria. In the 7th revised edition UN Manual of Tests and Criteria Test Series 8 was expanded to include Test 8(e) as an alternative to 8(c). This change in testing was the result of technical discussions and amendment proposals held during UNSCOE meetings. At the 47th session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods, the EWG concluded that the UN Test 8(c) may be unsuitable for some ammonium nitrate emulsions which could lead to a false positive under certain conditions.

https://unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/UN-SCETDG-53-INF22e.pdf

PHMSA expects that removing this requirement to specifically pass the 8(c) test and alternatively pass the 8(e) test will reduce the risk of receiving a false positive result and consequently inaccurate classification. It also allows shippers the ability to perform additional classification testing as provided in the 7th revised edition of the UN Manual of Tests and Criteria.

Special Provisions 196 and 197

PHMSA is adding Special Provisions 196 and 197 pertaining to transportation of nitrocellulose. These new special provisions require that manufacturers of nitrocellulose products ensure that these Class 1 and Class 4 materials employ certain tests verifying that the materials meet specific stability requirements to avoid the danger of self-ignition. Those test methods determine whether a material is stable when subjected to elevated temperatures in transportation, which is critical to the safe transportation of materials such a nitrocellulose. Special Provision 196 applies to nitrocellulose materials in Class 1 (UN0340, UN0341, UN0342, and UN0343), and specifically excepts those materials from Type 3(c) thermal stability testing. Special Provision 197 is assigned to nitrocellulose materials in Class 4 (UN2555, UN2556, UN2557, and UN3380).

Special Provision 360

Special Provision 360 provides instruction to aid in proper identification of a battery-powered vehicle that contains lithium batteries. Currently, Special Provision 360 states that vehicles powered solely by lithium batteries must be identified as “UN3171, Battery-powered vehicle

Battery-powered equipment.” In the HM-215O final rule, PHMSA added a new UN entry, “UN3536, Lithium batteries installed in cargo transport unit

lithium ion batteries or lithium metal batteries.

” PHMSA is revising Special Provision 360 to better distinguish between the various types of equipment with lithium batteries. The revised language specifies that lithium batteries that are installed in cargo transport units which are designed only to provide power external to the transport unit must be transported as “UN3536, Lithium batteries installed in a cargo transport unit

lithium ion batteries or lithium metal batteries,

” making them subject to packaging provisions and exceptions outlined in Special Provision 389. The intent of this language is to clarify further that these batteries should not be described and transported as “UN3091, Lithium metal batteries, contained in equipment

including lithium alloy batteries

” or “UN3481, Lithium ion batteries, contained in equipment

including lithium ion polymer batteries.

”

Furthermore, Special Provision 360 was originally assigned to the HMT entry “UN3091, Lithium batteries, contained in equipment,” however, in final rule HM-224F,

PHMSA adopted separate entries based on the lithium battery chemistry,

i.e.,

“UN3091, Lithium metal batteries, contained in equipment

including lithium alloy batteries

” or “UN3481, Lithium ion batteries, contained in equipment

including lithium ion polymer batteries.

” In doing so, PHMSA inadvertently did not make a conforming revision to assign Special Provision 360 to these separate descriptions in the HMT. Consistent with the revisions to Special Provision 360 to clarify appropriate use of descriptions for lithium battery equipment, PHMSA is assigning this special provision to the two lithium battery descriptions for contained in equipment and packed with equipment. Finally, PHMSA is also revising the text “assigned to” to read “described using” to improve understanding of the special provision instruction. In response to this proposal in the NPRM, COSTHA provided a comment in support of this revision.

79 FR 46012 (Aug. 16, 2014).

Special Provision 370

Special Provision 370 is currently assigned to “UN0222, Ammonium nitrate,

with more than 0.2 percent combustible substances, including any organic substance calculated as carbon, to the exclusion of any other added substance.

” The entry UN0222 (1.1D) is intended for certain ammonium nitrates that are not a commercially manufactured product and this entry is typically used to identify contaminated ammonium nitrate or ammonium nitrate fertilizers that give a positive result when tested in accordance with Test Series 2 of the UN Manual of Tests and Criteria. However, Special Provision 370 currently states that a hazardous material may also be classified as UN0222 even if it has more that 0.2 percent combustible substances. PHMSA amends special provision 370 to better clarify when the entry for UN0222 may be applied. Clarifying this classification instruction is necessary to ensure that more readily transported materials—such as ammonium nitrate mixed with fuel oil (ANFO)—are not improperly transported as UN0222, which should be reserved for special non-commercial purposes. Given that inappropriately classified items pose an inherent safety risk to emergency responders, PHMSA revises Special Provision 370 to provide clarifying

language to ensure that certain ammonium nitrate materials (such as ANFO) are not described and classified as “UN0222, Ammonium nitrate.” Specifically, the amendment to this special provision stipulates that this UN entry should not be used when other applicable proper shipping names exist.

Special Provision 379

Special Provision 379 provides conditions for exception from full regulation under the HMR for anhydrous ammonia adsorbed or absorbed on a solid contained in ammonia dispensing systems or receptacles intended to form part of such systems. Among these conditions, Special Provision 379 requires that receptacles containing adsorbed or absorbed ammonia must be made of a material compatible with ammonia as specified in ISO 11114-1:2012(E), “Gas cylinders—Compatibility of cylinder and valve materials with gas contents—Part 1: Metallic materials.” PHMSA revises language in Special Provision 379 to add a reference to an amendment to ISO standard 11114-1:2012(E), specifically, ISO 11114-1:2012/Amd 1:2017(E) and correct the unintentional omission of the (E) to indicate the English language edition. As part of ISO's regular five-year review of its standards, the 2012 version of this document was amended through the issuance of document ISO 11114-1:2012/Amd 1:2017(E). The amended ISO standard provides more explicit instructions on the permissible concentrations of gases containing halogens in aluminum cylinders. It also provides amended requirements for butylene, hydrogen cyanide, hydrogen sulfide, and nitric oxide. Consequently, the 21st revised edition of the UNMR updated all references to the 2012 edition to include a reference to the amendment (ISO 11114-1:2012/Amd 1:2017(E)). PHMSA makes similar conforming revisions.

See

SECTION 171.7 Section-by-Section Review of Amendments discussion. In the course of its review of the 2017 amendment for ISO standard 11114, PHMSA determined that it enhances safety of transport and therefore, is appropriate for inclusion as an updated condition for transport of ammonia dispensing systems or receptacles intended to form part of such systems.

Special Provision 430

PHMSA adds Special Provision 430 and assigns it to the new HMT entry “UN3549, Medical Waste, Category A, Affecting Humans,

solid or

Medical Waste, Category A, Affecting Animals

only, solid

” discussed above. As with other special provisions that provide instruction pertaining to appropriate use of proper shipping names, PHMSA is adding Special Provision 430 to stipulate that only solid medical waste of Category A, which is being transported for disposal, may be described using this entry. The intent of this added language is to simplify the regulations and ensure proper classification of medical wastes to ensure safe transportation.

Special Provision 441

The UNMR and the IMDG Code contain an exception in their Special Provision 274 pertaining to “UN3077, Environmentally hazardous substance, solid, n.o.s.” and “UN3082, Environmentally hazardous substance, liquid, n.o.s.” Special Provision 274 requires a proper shipping name to be supplemented with a technical name, in the same manner as the letter “G” is assigned in the HMT. When a “G” is listed in Column (1) of the HMT in association with a particular entry, the proper shipping name must be supplemented with a technical name. For context, in both the UNMR and the HMT, when generic proper shipping names are used—

e.g.,

n.o.s. proper shipping names—a technical name must be provided as part of the basic description to provide additional information for hazard communication related to the material being shipped. For example, the HMT entry “UN1760, Corrosive liquid, n.o.s.,” provides a generic description of a corrosive liquid and, therefore, marking and shipping papers requirements necessitate a technical name pertaining to the corrosive liquid (

e.g.,

octanoyl chloride).

The new exception in Special Provision 274 modifies the requirement to supplement the proper shipping name with a technical name. The revision, which is specifically for materials shipping under UN3077 or UN3082, allows the use of a proper shipping name found on the Dangerous Goods List (the IMDG Code and UNMR' equivalent of the HMT) to be used in place of a technical name, provided that it does not: (1) include “n.o.s.” as part of the proper shipping name and; (2) is not an entry assigned Special Provision 274. In practice, this means that items, such as paint, that might be shipped as “UN3082, Environmentally hazardous substance n.o.s.,” are no longer required to include a supplemental technical name, and instead are permitted to include the more readily-recognizable name of the commodity (paint) on markings and shipping papers. For common commodities such as paint with various chemical components, emergency responders rely less on determining the specific chemical for performance of emergency response and respond to the known hazards of the commodity. PHMSA expects streamlining the hazardous material description requirements in this manner will help facilitate appropriate emergency response without a reduction in safety.

While the UNMR broadly provided this relief for UN3077 and UN3082, environmentally hazardous materials classified under these UN numbers are applicable to a narrower scope of materials under the IMDG Code. Under the IMDG Code, “environmentally hazardous substances” are those that are pollutants specifically for aquatic environments (which is equivalent to marine pollutants under the HMR) whereas the UNMR are broadly applicable to aquatic and other environments.

PHMSA is mirroring the expansion by the UNMR and IMDG Code's Special Provision 274 of acceptable technical names for marine pollutants transported under UN3077 and UN3082 by adding a new Special Provision 441 to the HMR. This special provision provides the same shipping description flexibility specifically for marine pollutants by removing the requirement to supplement the proper shipping name associated with UN3077 and UN3082 with a technical name. PHMSA is also modifying §§ 172.203(l) and 172.322 to maintain alignment with the IMDG Code with regard to the documentation and marking requirements when marine pollutant components are present in hazardous materials. In addition to providing logistical benefits for shippers, PHMSA expects that the use of readily recognizable common commodity names instead of technical names will facilitate emergency response by making the hazardous material more quickly and easily identifiable.

See

§§ 172.203(l) and 172.322 of the Section-by-Section Review of Amendments for additional discussions on revisions related to this amendment.

Special Provisions TP39 and TP41

PHMSA is removing and reserving portable tank special provisions TP39 and TP41. The sunset provisions in special provisions TP39 and TP41 allowing use of other portable tank special provisions expired on December 31, 2018, and thus, PHMSA removes them from the HMR to prevent the use of these expired provisions.

See

§ 172.101 of the Section-by-Section Review of Amendments for further

detail of the deletion of these portable tank special provisions from the HMR.

Section 172.203

Section 172.203 prescribes additional description requirements for shipping papers. PHMSA is revising paragraphs (i)(2) and (l)(1) and adding new paragraphs (i)(4) and (q). Each revision is further described below, along with PHMSA's rationale for the revisions.

In paragraph (i), which provides requirements specific to vessel transportation, PHMSA is clarifying that the documentation of the flashpoint on shipping papers, as required in paragraph (i)(2), is only required for liquid hazardous materials that have a primary or subsidiary hazard of Class 3 and a flashpoint of 60 °C or below (in °C closed-cup (c.c.)). This revision aims to prevent the shipping delays resulting from confusion on how this documentation requirement applies to items for which flashpoint is not an appropriate classification criterion (

e.g.,

aerosols and flammable solids). Furthermore, limiting the flashpoint information to a narrower subset of hazardous materials ensures identifying information of the materials in transport better aligns with the material properties of those materials because flashpoint is a safety-relevant criterion only for hazardous materials that are liquids with a main or subsidiary hazard of Class 3. PHMSA does not expect any reduction in safety as a result of this editorial revision given that this revision ensures that information regarding the flashpoint is only provided for items in which flashpoint is a safety-relevant criterion; avoidance of the delays in transportation experienced in the past also reduces the risks associated with that transportation. PHMSA received comments in response to the NPRM from DGAC and Dow in support of this revision.

PHMSA is also adding a new paragraph (i)(4), that requires shipments of lithium batteries that are offered into transportation for purposes of disposal or recycling or offered under the damaged or defective provisions in § 173.185(f), to indicate on shipping papers one of the following disclaimers, as appropriate: “DAMAGED/DEFECTIVE,” “LITHIUM BATTERIES FOR DISPOSAL,” or “LITHIUM BATTERIES FOR RECYCLING.” This revision is consistent with revisions adopted in the IMDG Code and associated with an additional revision to § 176.84 of the HMR to require lithium batteries that are damaged or defective—or those that are being transported for disposal or recycling—to be stowed in accordance with stowage category C requirements authorizing “on deck only” stowage instead of the currently-authorized “on deck” or “under deck” options. This additional shipping paper requirement helps communicate information about the batteries to individuals making stowage plans for the vessel, provide a mechanism for ensuring the “on deck” stowage of these materials, and allow for more easily identifiable and effective response actions in the event of a fire involving lithium batteries onboard a vessel. PHMSA expects that these revised shipping requirements will contribute to the safe transportation of increased volumes of damaged/defective/recycled lithium batteries anticipated as a result of the increased use of lithium batteries in the transportation and other economic sectors. PHMSA received comments from DGAC, Dow, and MDTC in support of this revision. For additional information on this stowage requirement,

see

SECTION 176.84 of the Section-by-Section Review of Amendments.

In paragraph (l)(1), PHMSA is revising the scope of hazardous materials for which a specific marine polluting component must be identified in association with the basic description—

i.e.,

the combination of the UN number, proper shipping name, hazard class, and packing group—on a shipping paper. Currently, § 172.203(l) specifies that, when the proper shipping name for a hazardous material which is a marine pollutant does not identify the component that makes the hazardous material a marine pollutant, the name of the marine pollutant constituent must appear in parentheses within the basic description. PHMSA revises paragraph (l)(1) to limit the scope of this requirement to make it applicable only to generic HMT entries (as indicated by the G in Column 1 on the HMT) as well as those that have “n.o.s.” as part of the proper shipping name. The intent of this amendment is to extend the documentation and marking flexibility provided by Special Provision 441 (which currently applies only to environmentally hazardous substances (UN3077 and UN 3082)) and to other hazardous materials that may contain components(s) that are marine pollutants. For example, under the current HMR, if “UN1263, Paint” contains marine pollutants, the basic description required on shipping papers and markings have to include the specific marine polluting component(s) that are present in the paint, in addition to the words “marine pollutant” (

e.g.,

“UN1263, Paint, 3 (propyl acetate, di-n-butyltin di-2-ethylhexanoate) MARINE POLLUTANT”). But under this amendment, the basic description for “UN1263, Paint” no longer require the addition of the “marine pollutant” language. Given that emergency responders do not depend on the specific technical name provided in association with the shipping description to effectively respond to emergencies, PHMSA expects streamlining the description to provide more readily recognizable and usable information that reflects the hazardous materials involved may facilitate emergency response. PHMSA received a comment from DGAC in support of this revision.

Finally, PHMSA is adding a new paragraph (q) to this section to require documentation of the holding time for refrigerated liquefied gases transported in portable tanks. Holding time is the span of time, as determined by testing, that elapses from the time of loading until the pressure of the contents, under equilibrium conditions, reaches the set point for the lowest pressure control valve or pressure relief valve setting. PHMSA will require including the specific date when the holding time ends on the shipping paper for refrigerated liquefied gases transported in portable tanks. Knowing the holding time assists in preventing unexpected venting while in transportation, which could lead to exposure to a hazardous material release, and associated risks, as well as the loss of product. Including this information on the shipping paper aids in managing the transportation of refrigerated liquefied gases to ensure the material arrives safely at its destination without an unintended release of hazardous materials, including those that are known GHGs (

e.g.,

nitrous oxide). PHMSA anticipates that establishing this requirement to provide this information for portable tanks will improve safety and decrease climate change impacts of international transport of refrigerated liquefied gases in portable tanks. DGAC provided a comment in support of this revision.

Section 172.301

Section 172.301 prescribes general marking requirements for non-bulk packagings. PHMSA is amending paragraph (a)(1) to clarify that the exception permitting reduced size marking requirements are applicable to packages with either 5 L or less capacity, or those with a 5 kilograms (kg) or less net mass. The current HMR text states that the exception is applicable to packages with a maximum capacity of 5 kg or 5 L or less, rather than the maximum net mass, which is the more appropriate measure for

packages containing solids. A person shipping a solid material may unnecessarily apply the volume limitation when a net mass limit is intended. This revision clarifies that packages for solid material may have a maximum net mass of 5 kg or less. This editorial revision is intended to reduce confusion over the application of the exception at § 172.301(a)(1) in that for solid materials, the quantity limit is based on the net amount of solid material and not the capacity of the packaging the material is placed in. This clarification is consistent with similar provisions for solids (net mass) and liquids (capacity) throughout the HMR. Ensuring the appropriate application of the reduced size marking allowance provides consistency across persons using the reduced-size marking and therefore, is expected to improve safety of transport. PHMSA received a comment from DGAC in support of this revision.

Section 172.315

Section 172.315 prescribes the marking requirements for packages of limited quantities. Currently, the HMR require that the limited quantity mark be applied on at least one side or one end of the outer packaging. The 2021-2022 ICAO Technical Instructions clarified that marks, in particular those that are applied in a similar manner to self-adhesive labels, must be applied on one side of a package (

i.e.,

not folded over an edge). Prior to these amendments, only hazard communication labels were required to be applied to a single side of a package and prohibited from being folded around the edge of a package. This requirement was extended to markings to ensure visibility and to communicate hazard(s) to the greatest extent possible. Consistent with the ICAO Technical Instructions, PHMSA is adding a new paragraph (b)(3) to require that—for air transport—the entire limited quantity mark must appear on one side of the package. PHMSA received a comment from DGAC in support of this revision. For detail on the rationale for this requirement,

see

SECTION 172.406 of the Section-by-Section Review of Amendments.

Section 172.322

Section 172.322 prescribes the marking requirements for hazardous materials that are also marine pollutants. Consistent with revisions in Special Provision 441 and § 172.203(l)(1) discussed above, PHMSA is limiting the scope of hazardous materials which are marine pollutants, that are subject to this technical name marking requirement. Specifically, PHMSA applies the technical name marking to proper shipping names that have a “G” assigned in column (1) of the § 172.101 Hazardous Materials Table or have the text “n.o.s.” as part of the proper shipping name. PHMSA also adds language directing shippers using “UN3077, Environmentally hazardous substance, solid, n.o.s.” or “UN3082, Environmentally hazardous substance, liquid, n.o.s.,” to Special Provision 441 for additional requirements.

Section 172.406

Section 172.406 specifies the requirements for the placement of labels on a package. The 2021-2022 ICAO Technical Instructions clarified that marks, in particular those that are applied in a similar manner to self-adhesive labels, must be applied on one side of a package. The ICAO Technical Instructions have long required that all hazard communication labels not be folded (around the edge of a packages) and be applied to a single side. This requirement was introduced to ensure visibility and communicate hazard(s) to the greatest extent possible. In a working group session, the ICAO Dangerous Goods Panel agreed that extending this labeling requirement to marks was appropriate as marks, like labels, provide hazard communication. While PHMSA has not specifically prohibited extending labels onto other sides of packaging and allows the use of smaller labels to accommodate smaller packagings, PHMSA appreciates the need for readily visible hazard communication by air. Therefore, for the sake of harmonizing with the ICAO Technical Instructions, and to ensure visibility to communicate hazards to the greatest extent possible, PHMSA is adding specific restrictions on wrapping marks and labels for shipments that are transported by air.

During a review of the specific marking requirements that were added in the 2021-2022 ICAO Technical Instructions, PHMSA found that the HMR do not contain the same express limitation on “folding” a part of a label around the edges of a package such that the entirety of a label would have to be on a single side. PHMSA expects that adopting both the pre-existing ICAO single side requirement for labels, and the recent requirement that marks must be on a single side of a package will provide increased visibility of hazard communication on the smaller package types that are frequently used in air transport. These measures also reduce ambiguity for air operator employees conducting acceptance checks as to whether the package appropriately indicates the hazards without having to make a subjective determination.

Therefore, PHMSA is requiring in a new paragraph (a)(1)(iii), that for air transport, the entirety of a required label must be displayed on one side of a package. For cylindrical packages not containing a traditional side, the labels and/or package must be of such dimensions that a label would not overlap itself. In the case of cylindrical packages containing radioactive materials, which require two identical labels, these labels must be centered on opposite points of the circumference and must not overlap each other. If the dimensions of the package are such that two identical labels cannot be affixed without overlapping each other, one label is acceptable provided it does not overlap itself.

In addition, PHMSA adds requirements that marks must not be folded for: the limited quantity mark in § 172.315(b); the excepted quantity mark in § 173.4a(g); and the UN3373 Category B infectious substance mark in § 173.199(a). The ICAO Technical Instructions were also amended to require that the lithium battery handling mark be applied on a single side of a package; however, this is already prescribed in § 173.185(c)(3)(i), applicable to all modes of transport. Regarding the Category B infectious substance mark, the revision helps ensure that any packages containing COVID-19 materials have appropriate visibility and thus, ensure the safe transport of such materials.

Section 172.447

Section 172.447 prescribes specifications for labels used for lithium batteries. In this final rule, PHMSA removes and reserves paragraph (c), which contains an expired transitional exception allowing for continued use of labels in conformance with the requirements that had been in place on December 31, 2016, until December 31, 2018. Since December 31, 2018, has occurred, the continued use of an outdated label is no longer allowed.

C. Part 173

Section 173.4a

Part 173 contains general requirements for shippers regarding shipments and packagings. Section 173.4a prescribes transportation requirements for excepted packages. For consistency with the ICAO Technical Instructions, PHMSA is adding a new paragraph (g)(3) to require that—for air transport—the entire excepted quantity mark must be displayed on one side of the package. For detail on the rationale

for this requirement,

see

SECTION 172.406 of the “V. Section-by-Section Review of Amendments” for discussion of the requirement to display a mark on a single side.

Section 173.14

In subpart A of Part 173, PHMSA adds a new section—§ 173.14—to provide exceptions from the HMR for certain devices or equipment containing hazardous materials that are in actual use or which are intended for use during transport. Examples of such devices include cargo tracking devices and data loggers attached to, or placed in, packages, overpacks, containers, or load compartments. These items often contain component hazardous materials, such as lithium batteries or fuel cells, necessary to power the device or equipment. The exception provides clarity for these types of devices which are not offered into transportation as part of the consignment but instead accompany it to collect or disseminate information during transport. Eligibility for the exception is limited to equipment that meets conditional safety requirements. These include requirements that the component hazardous material—

e.g.,

lithium batteries—meet the applicable construction and test requirements specified in the HMR, and that the equipment can withstand the shocks and vibrations normally encountered during transport. The equipment must also be safe for use in different environmental conditions that it may be exposed to during transport such as temperature variations, inclement weather, and conditions in which explosive atmospheres caused by gases, vapors, mists, or air/dust mixtures may occur. The text—slightly modified from the NPRM language—also clarifies that the exception is not applicable when this type of equipment is itself offered as cargo such that normal HMR requirements pertaining to packaging, shipping papers, marking, and labeling apply.

This new section is consistent with provisions adopted in the UNMR and the IMDG Code. Additionally—in response to the ongoing global COVID-19 public health emergency—on December 31, 2020,

and February 23, 2021,

ICAO published addenda to the 2021-2022 Edition of the ICAO Technical Instructions to provide a limited exception for lithium battery-powered data loggers and cargo tracking devices to facilitate the transport and distribution of COVID-19 pharmaceuticals, including vaccines. Specifically, the 2021-2022 ICAO Technical Instructions except these devices from lithium battery marking and documentation requirements when transported by aircraft. Consequently, PHMSA is adopting exceptions in this section of the HMR to cover all modes of transportation for certain devices or equipment containing hazardous materials that are in actual use or which are intended for use during transport. However, the exceptions associated with aircraft transportation are limited to marking and documentation for lithium ion and lithium metal battery-powered devices or equipment that accompany shipments of COVID-19 pharmaceuticals, including vaccines.

ICAO, Addendum No.1 to the 2021-2022 of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (Dec. 31, 2020),

https://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2021-2022.AddendumNo1.en.pdf.

ICAO, Addendum No.2 to the 2021-2022 of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (Feb. 23, 2021),

https://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2021-2022.AddendumNo2.en.pdf.

PHMSA received comments from COSTHA, DGAC, MDTC, and PRBA expressing concerns over the new § 173.14. MDTC is concerned that § 173.14 as proposed is too limited and unnecessary. Additionally, DGAC, MDTC, and PRBA expressed concern that § 173.14 contradicts a letter of interpretation (LOI) that the industry has relied on for several years (

i.e.,

LOI Ref. No. 15-0040). MDTC believes that § 173.14 might impact significant types of battery-powered equipment including medical devices such as hearing aids, defibrillators, and implantable devices that cannot be switched off completely during transportation.

COSTHA believes that the language as proposed in the NPRM appropriately addresses the intent of the international standard language that these devices are part of the packaging and supports adopting the provisions as drafted. PRBA generally supports PHMSA's intent to add § 173.14 to the HMR to provide exceptions for certain devices or equipment (

e.g.,

cargo tracking devices) containing hazardous materials that are in actual use or are intended for use during transport.

In response to the comments from COSTHA, DGAC, MDTC, and PRBA, PHMSA confirms the intent of § 173.14 is not to capture those hazardous materials within equipment being offered for transportation as part of a consignment (

i.e.,

offered into commerce). This section does not apply to electronic devices (such as hearing aids that may always be powered on as part of their design) that are themselves being offered for transportation as cargo. Rather, these provisions are only applicable to devices containing hazardous materials that are in use to provide monitoring of packages during transit. Thus, in order to provide more clarification and better understanding of the intent of the section, PHMSA adds a paragraph (c) to clearly state that § 173.14 does not apply to hazardous materials with equipment that is itself shipped as cargo; rather, this exception only applies to equipment that incorporate a hazardous material as part of its operation such as data loggers used to track packages while in transit. Furthermore, PHMSA confirms that LOI Ref. No. 15-0040 remains valid and is not in conflict with this section.

Section 173.27

Section 173.27 provides the general requirements for transportation by aircraft. PHMSA is making a number of corrections and revisions as follows: (1) revise paragraph (c)(2) to clarify that all package types containing “UN3082, Environmentally hazardous substance, liquid, n.o.s.” are excepted from the pressure differential requirements and not only limited quantities; (2) revise paragraph (f) introductory text to clarify the inner packaging quantity limits prescribed in Table 1 and Table 2 apply to combination packages and not only to excepted quantity packages; (3) in paragraph (f)(3) Table 1 and Table 2 add inner package limits for certain Class 9 HMT entries consistent with the ICAO Technical Instructions; and (4) in Table 1 and Table 2 remove the “no limit” quantity limits and add them to the paragraph (f) introductory text for a clearer description of the requirement for materials authorized to exceed 220 L or 200 kg in accordance with columns (9A) and (9B) of the 172.101 table. Finally, the 2021-2022 edition of the ICAO Technical Instructions contains editorial corrections to exceptions for “UN3082, Environmentally hazardous substance, liquid, n.o.s.” from differential pressure testing requirements in Packing Instructions 964 and Y964 (limited quantity). When reviewing the clarifying editorial correction

to the ICAO exception, PHMSA found that although the same update is not needed in the HMR, the corresponding exceptions in § 173.27 are not consistent with those provided for in the latest version of Packing

Instructions 964 and Y964. PHMSA is revising § 173.27 to correct this discrepancy and align with the updated version of the ICAO Technical Instructions.

Report of the ICAO Working Group 19 (paragraph 3.2.11) (May, 2019),

https://www.icao.int/safety/DangerousGoods/WG19/DGPWG.19.WP.030.en.pdf

In a previous final rule, HM-215K,

PHMSA revised § 173.27 to align with the amendments made to the 2011-2012 edition of the ICAO Technical Instructions. That earlier edition of the ICAO Technical Instructions had included exceptions applicable to “UN3082” from the pressure differential requirements in Packing Instructions 964 and Y964 for fully regulated and limited quantity packages. The exceptions were added because “UN3082” materials assigned to Class 9 do not meet the criteria for classification as any other hazard class or division and are classified as hazardous materials solely because of their risk to the environment (

i.e.,

they are not capable of posing a risk to health, safety, or property when transported by air). When this exception was added by the HM-215K rulemaking, the text was placed in paragraph (f)(2)(vii), thereby inadvertently narrowing the exception to limited quantity materials. In the 2011-2012 edition of the ICAO Technical Instructions that the HM-215K rulemaking intended to align with, the exception from the pressure differential requirements applied to both combination packagings in PI 964 and limited quantity packagings in PI Y964. Therefore, to eliminate this inadvertent minor error created in 2011, PHMSA amends paragraph (c)(2) to except shipments of “UN3082, Environmentally hazardous substance, liquid, n.o.s.” from the pressure differential packaging requirements applicable for transportation by aircraft. This revision aligns the pressure differential exceptions for “UN3082” material with those found in the ICAO Technical Instructions and excepts these shipments, in all authorized packaging types, from the pressure differential requirements in paragraph (c)(2).

76 FR 3308 (Jan. 19, 2011).

Further, PHMSA amends paragraph (f), which specifies requirements for combination packagings intended for transportation aboard an aircraft. A combination packaging, for transport purposes, consists of one or more inner packagings secured in a non-bulk outer packaging. Paragraph (f)(3) contains Table 1 and Table 2 indicating the maximum net capacity allowed for the inner packagings of the combination packaging on passenger-carrying and cargo aircraft, respectively. PHMSA revises paragraph (f) by moving the references to Table 1 and Table 2 from paragraph (f)(1)—applicable to excepted quantities—to the paragraph (f) introductory text. The intent of this revision is to clarify that the inner packaging limits specified in paragraph (f)(3) Table 1 and Table 2 apply to all combination packages used to transport hazardous material by aircraft and not just to excepted packages (

i.e.,

packages for which exceptions from certain provisions are provided in the HMR). As it currently reads, the instruction for all combination packagings is imbedded in the paragraph (f)(1), which outlines provisions for excepted packages, thus making it appear that Tables 1 and 2 apply only to excepted packages. Correcting the reference in paragraph (f) provides regulatory clarity by properly aligning packaging limits in the HMR with the ICAO Technical Instructions.

Additionally, the first column of Tables 1 and 2 provides the maximum net quantity per package from Column (9A) of the HMT. PHMSA is replacing the rows in Tables 1 and 2, noting that there are no maximum net capacity limits for quantities greater than 220 L for liquids and greater than 200 kg for solids with an instruction in the revised paragraph (f) introductory text conveying the same information.

Finally, PHMSA discovered that for certain Class 9 (miscellaneous hazardous) materials, the authorized inner packaging limit in the ICAO Technical Instructions is greater than the limit currently allowed in Tables 1 and 2 at § 173.27(f)(3). Therefore, PHMSA is revising paragraph (f)(3), Table 1 and Table 2 to address this inconsistency with the ICAO Technical Instructions. Specifically, PHMSA is revising—for consistency with the inner packaging limits provided in Packing Instructions 956, 958, and 964 of the ICAO Technical Instructions—inner packaging net capacity limits for the following Class 9 materials:

• UN1841, Acetaldehyde ammonia

• UN1931, Zinc dithionite

Zinc hydrosulphite

• UN1941, Dibromodifluoromethane

• UN1990, Benzaldehyde

• UN2071, Ammonium nitrate fertilizers

• UN2216, Fish meal, stabilized

Fish scrap, stabilized

• UN2315, Polychlorinated biphenyls, liquid

• UN2590, Asbestos, chrysotile

• UN2969, Castor beans

Castor flake

Castor meal or Castor pomace

• UN3077, Environmentally hazardous substance, solid, n.o.s.

• UN3082, Environmentally hazardous substance, liquid, n.o.s.

• UN3151, Polyhalogenated biphenyls, liquid

Polyhalogenated terphenyls, liquid

Halogenated monomethyldiphenylmethanes, liquid

• UN3152, Polyhalogenated biphenyls, solid or Polyhalogenated terphenyls, solid

Halogenated monomethyldiphenylmethanes, solid

• UN3334, Aviation regulated liquid, n.o.s.

• UN3335, Aviation regulated solid, n.o.s.

• UN3432, Polychlorinated biphenyls, solid

These materials have a history of safe transport under less restrictive inner packaging limits in accordance with the ICAO Technical Instructions. The revisions offer shippers greater flexibility in packaging options to transport these materials without a degradation of safety.

Section 173.59

Section 173.59 provides informational descriptions of terms for explosives. PHMSA is amending the description of the term “detonators” to include a reference to electronic programmable detonators. Additionally, PHMSA is adding a separate term and description for “Detonators, electronic

programmable for blasting.”

These revisions correspond to the addition of the UN0511, UN0512, and UN0513 (Detonators, electronic

programmable for blasting

) to the HMT. PHMSA intends to distinguish between “electronic detonators” and “electric detonators,” as each has different design characteristics, by adding these new entries in the HMT and the editorial amendments in § 173.59. PHMSA expects this additional precision in shipping descriptions will provide a safety benefit.

See

§ 172.101 of the “V. Section-by-Section Review of Amendments” for additional discussion on electric and electronic detonators.

Section 173.115

Section 173.115 outlines classification criteria for Class 2 (gas) materials. PHMSA is updating the version of ISO 10156:2010, “

Gases and gas mixtures—Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets,”

incorporated by reference in paragraph (k), which specifies how the oxidizing ability of a Division 2.2 (non-flammable) gas should be calculated. Currently the HMR incorporates by reference the 2010 edition of this ISO standard and its associated technical corrigendum in § 171.7. As part of ISO's regular periodic review of each standard, ISO standard

10156:2010 was reviewed and updated and a new revised ISO 10156:2017 was published in September 2017. The 2017 edition supersedes and replaces ISO 10156:2010, which had been technically revised through ISO 10156:2010/Cor 1:2010. PHMSA updates the incorporation by reference of ISO 10156, to the 2017 edition. The updated document includes technical revisions pertaining to the flammability of gases and gas mixtures in air as well as a new calculation method for determining the lower flammability limit of gas mixtures. PHMSA reviewed the calculation method and agrees that it will assist shippers in properly classifying a Division 2.2 gas, without introducing any adverse safety risks. Therefore, PHMSA incorporates by reference ISO 10156:2017 in § 173.115(k).

Section 173.134

Section 173.134 provides classification criteria and exceptions for Division 6.2 infectious substances. PHMSA revises paragraph (a) to include references to “UN3549, Medical Waste, Category A, Affecting Humans,

solid or

Medical Waste, Category A, Affecting Animals

only, solid.”

Specifically, paragraphs (a)(1), (a)(1)(i), and (a)(5) are revised by including UN3549 among the list of UN numbers to use for description of an infectious substance. These revisions are consistent with the addition of this new hazardous materials description to the HMT.

Additionally, PHMSA removes the term rickettsiae from the list of types of microorganisms in paragraph (a)(1). Rickettsiae are a specific group of bacteria, and this specific type of bacteria is redundant because bacteria are already listed as a type of potential pathogenic microorganism.

Section 173.137

Section 173.137 prescribes the requirements for assigning a PG to Class 8 (corrosive) materials. The HMR requires offerors to classify Class 8 material and assign a PG based on tests conducted in accordance with the OECD Guidelines for the Testing of Chemicals. One of the tests currently authorized in the HMR is the 2015 OECD Guideline for the Testing of Chemicals “

Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method”

which may be used to determine that a material is not corrosive to human skin. PHMSA is incorporating by reference the 2016 version of OECD Guidelines for the Testing of Chemicals “

Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method.”

This document was updated to introduce sub-categorization for skin corrosion and adopted by the OECD in 2013 and further revised in 2014, 2015, and 2016, as Guidelines for the Testing of Chemicals “

Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method.”

According to the OECD, this updated test method permits subcategorization of corrosive chemicals into three categories: sub-category 1A and sub-category 1B/C, which correspond to PG I, PG II, and PG III, respectively. However, prior to the 2016 edition of the OECD Guidelines, the ability to clearly distinguish between PG II and PG III had previously never been formally evaluated or validated due to the lack of high-quality reference in vivo data against which to benchmark the in vitro results.

Changes to the UNMR were made because of the additional level of sub-categorization and differentiation that is possible using this updated test method. Accordingly, PHMSA is allowing corrosive materials that are tested using OECD Guidelines for the Testing of Chemicals

Test No. 431

to be assigned to PG II without further in vivo testing if the test method does not clearly distinguish between PG II or PG III. Since the packing group assignment indicates the required level of packaging according to the degree of danger presented by hazardous materials, this would relegate corrosive material that cannot be clearly distinguished between a medium danger PG II and a low danger PG III to be subject to the more conservative packaging requirement associated with PG II material unless additional testing is conducted. PHMSA anticipates that the use of the 2016 version of the OECD Guidelines for the Testing of Chemicals

Test No. 431

will benefit shippers of potential corrosives by clarifying corrosivity determinations or exclusions and eliminating excessive testing to distinguish between PG II and PG III.

The regulatory text also references OECD Guidelines for the Testing of Chemicals

Test No. 404, 430, and 435,

which are already approved for incorporation by reference in this section, and no change was made to these standards in this final rule.

Section 173.172

Section 173.172 specifies the eligibility conditions for exception from packaging requirements for certain fuel tanks used on aircraft hydraulic power units. PHMSA makes editorial revisions to these provisions to clarify packaging limits for the fuel tanks that power hydraulic power units. The fuel tanks addressed in this section are comprised of a primary containment for the fuel in the hydraulic power unit. The primary containment must consist of a welded aluminum bladder as well as an outer vessel, which is packed in non-combustible cushioning material in a strong, tightly-closed metal outer packaging. Currently, paragraphs (a) and (b) of this section state that the “Maximum quantity of fuel per unit and package is 42 L (11 gallons).” PHMSA is replacing the word “unit” in this sentence in paragraphs (a) and (b) with the words “primary containment” for consistency with the second sentence of each paragraph which states that the “primary containment of the fuel within this vessel must consist of a welded aluminum bladder having a maximum internal volume of 46 L (12 gallons).” These editorial revisions to clarify that the maximum quantity of fuel authorized applies to both the fuel within the vessel and completed package (primary containment) rather than the hydraulic power unit itself. This revision aligns the language for this packaging exception in the HMR with the language that was similarly amended in the 2021-2022 ICAO Technical Instructions and the 21st revised edition of the UNMR. This alignment provides clarity for packaging of certain fuel tanks and, as such, PHMSA does not expect this revision to adversely affect safety.

Section 173.181

Section 173.181 prescribes packaging requirements for liquid pyrophoric materials. Specifically, § 173.181 provides the requirements on closures for metal or glass receptacles when used as inner packagings—

i.e.,

receptacles—in combination packagings. The UNMR contain Packing Instruction P404 which includes provisions for resealing inner receptacles with threaded closures. Currently, § 173.181 does not include provisions for resealing of inner receptacles with threaded closures. The safety concern when resealing inner receptacles that contain liquid pyrophoric materials is that small amounts of residue may adhere to the threads and present a hazard upon closing of the inner packaging and that friction generated from screwing the cap back onto the receptacle may cause the residue to react critically (

e.g.,

self-heating or spontaneous combustion). Based on this concern, the UNMR now permit closures of inner receptacles to be either threaded or physically held in place by any means capable of preventing back-off or loosening of the closure under conditions normally incident to transportation (

e.g.,

vibration

during transport). PHMSA is also concerned about this potential hazard and authorizes an alternative method of closure to prevent this potential hazard. Therefore, PHMSA revises the requirements of § 173.181 for closures of inner packagings for liquid pyrophoric materials to specify that they may have alternative closures that are physically held in place by any means capable of preventing back-off or loosening during transportation.

Section 173.185

Section 173.185 prescribes requirements for transportation of lithium cells and batteries. Paragraph (c) prescribes requirements for smaller cells or batteries and paragraph (c)(3) specifies hazard communication requirements including the use of the lithium battery mark. PHMSA revises the minimum size of the lithium battery mark from 120 millimeters (mm) wide by 110 mm high to 100 mm by 100 mm. This reduction in size requirements for this mark is consistent with the existing minimum size requirements for the limited quantity and excepted quantity marks in the HMR (

see

§§ 172.315 and 173.4a) and does not diminish the ability to read or recognize the marking. The reference to the shape of the mark is amended to include “square” to account for the new minimum dimensions while also maintaining the existing shape of a “rectangle” to continue authorized use of the lithium battery mark with 120 mm by 110 mm dimensions. In addition, the minimum size of the lithium battery mark for packages too small to display the revised 100 mm by 100 mm dimensions, is revised from 105 mm wide by 74 mm high to 100 mm wide by 70 mm high. Additionally, an informal working paper

submitted to the 54th Session of the UNSCOE noted that due to the large volume of lithium batteries shipped in small packages, the reduction in the size of the mark could reduce the quantity of packagings produced and consequently the quantity of empty packagings sent for disposal or recycling. This minimum size does not invalidate use of larger marks meeting the currently authorized minimum size requirements.

Rechargeable Battery Association (PRBA) & the Advanced Rechargeable & Lithium Batteries Association (RECHARGE), Proposal on the Dimensions of the Lithium Battery Mark Submitted to the UN Subcommittee of Experts on the Transport of Dangerous Goods at the 54th Session (Dec. 3, 2018),

https://www.unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/UN-SCETDG-54-INF55.e.pdf.

COSTHA, DGAC and MDTC provided comments in support of this revision. COSTHA notes that while some of its members are in favor of adopting new size requirements for the lithium battery mark, other members are concerned about reducing the size of hazard communication on packages. Moving forward, COSTHA requests that PHMSA continue to consider the impact of reducing hazard communication (by size or example) and be open to alternate forms of hazard communication that may be more effective for both carriers/operators and emergency responders. PHMSA acknowledges the comments and concerns raised by some COSTHA members on the new minimum size requirements for lithium battery markings. However, PHMSA understands that the minimal reduction (no more than 5 mm in each direction) in required size for markings adopted in this final rule will not cause a reduction in safety.

Section 173.187

Section 173.187 prescribes packaging requirements and other provisions for “pyrophoric solids, metals, or alloys, n.o.s.” The 21st revised edition of the UNMR includes an amendment to Packing Instruction P404 to address concerns with threaded closures when resealing inner receptacles after partial removal of product. The amendment addresses small amounts of residue of pyrophoric materials that may adhere to the threads and present a hazard upon closing of an inner receptacle. As with liquid pyrophoric materials discussed above, there is concern that friction generated from screwing the cap back onto the inner receptacle may cause the residue to react critically (

e.g.,

self-heating or spontaneous combustion). Based on this concern, the UNMR now allow closures of inner receptacles to be either threaded

physically held in place by a means capable of preventing back-off or loosening of the closure under conditions normally incident to transportation (

i.e.,

impact or vibration during transport).

After reviewing this issue, PHMSA is also concerned about this potential hazard and amends § 173.187 to authorize an alternate method of closure to prevent this potential hazard. Specifically, PHMSA is revising the requirements for closures of inner receptacles for solid pyrophoric materials to specify that they may have threaded closures or other alternative closures that are physically held in place by a means capable of preventing back-off or loosening.

Section 173.199

Section 173.199 prescribes the packaging requirements for Division 6.2 Category B infectious substances. Consistent with the ICAO Technical Instructions, PHMSA is revising paragraph (a)(5) to require that for air transport the entire “UN3373” mark must appear on one side of the package. PHMSA expects that placing marks on a single side of a package will provide increased visibility of hazard communication on the smaller package types that are frequently used in air transport. These measures also reduce ambiguity for air operator employees conducting acceptance checks as to whether the package appropriately indicates the hazards without having to make a subjective determination. Regarding the Category B infectious substance mark, the revision helps ensure that any packages containing infectious substances, including COVID-19 materials, have appropriate visibility and thus, ensure the safe transport of such materials. For details on the rationale for this requirement,

see

the discussion of § 172.406 in the “V. Section-by-Section Review of Amendments.”

Section 173.218

Section 173.218 contains packaging and product stabilization requirements for transporting stabilized fish meal or fish scrap (UN2216) as a Class 9 material. Currently, the provisions of this section are limited to shipments by vessel; however, PHMSA amends this provision to authorize the transport of this material by air. This revision responds to changes in the fish meal or fish scrap market which has experienced an increased demand for more timely shipments of samples of this item for evaluation by potential purchasers. Adding provisions to permit shipment by air, rather than limiting to shipment by vessel, relieves frustration in the market for fish meal or fish scrap by allowing shipments of small amounts of this material to be expedited by air. This revision is consistent with amendments adopted in the 2021-2022 version of the ICAO Technical Instructions, which have been revised to allow the transport by air of non-bulk packages of fish meal or fish scrap, subject to quantity limitations and stabilization requirements.

Under this revision, UN2216 material is permitted on passenger aircraft and cargo aircraft in amounts up to 100 kg and 200 kg, respectively, and in UN performance packaging that aligns with the ICAO Technical Instructions. Additionally, to ensure the safe transport of this material by air, PHMSA is adding stabilization requirements similar to those that are in place for shipments by vessel. Stabilization of

fish meal and fish scrap by applying antioxidants is required in order to offer the material under a Class 9 stabilized proper shipping name. The stabilization of fish meal and fish scrap is needed in order to mitigate a fire hazard while in transportation. Fish meal or fish scrap transported by air must have been stabilized at production, and within the twelve months prior to transportation. Given the safeguard provided by stabilization of this material prior to transportation, as well as the packaging and quantity restrictions, PHMSA expects that there will be no degradation of transportation safety in authorizing air transportation.

In addition to adding these stabilization requirements for air transportation, PHMSA amends the stabilization requirements that are currently in place for vessel shipments. The HMR currently requires shipments of fish meal or fish scrap by vessel to contain at least 50 parts per million (ppm) (mg/kg) of ethoxyquin, 100 ppm (mg/kg) of butylated hydroxytoluene (BHT), or 250 ppm (mg/kg) of tocopherol-based antioxidant at the time of shipment for bulk shipments when transported in freight containers. PHMSA extends these stabilization requirements to all vessel shipments, as required by the IMDG Code. While the change in language makes the stabilization requirement more widely applicable, PHMSA expects that the impact on the regulated community will

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