# Hazardous Materials: Harmonization with International Standards (RRR)

- **operation:** document
- **citation:** 77 FR 49168
- **title:** Hazardous Materials: Harmonization with International Standards (RRR)
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** proposed
- **official:** true
- **published on:** 2012-08-15
- **effective on:** Not available
- **summary:** PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations and subsequently address a petition for rulemaking.
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Federal Register, Volume 77 Issue 158 (Wednesday, August 15, 2012) [Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)] [Proposed Rules] [Pages 49168-49276] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2012-18431] [[Page 49167]] Vol. 77 Wednesday, No. 158 August 15, 2012 Part IV Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 171,172,173, et al. Hazardous Materials: Harmonization with International Standards (RRR); Proposed Rule Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Proposed Rules [[Page 49168]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176 and 178 [Docket Nos. PHMSA-2012-0027 (HM-215L)] RIN 2137-AE87 Hazardous Materials: Harmonization with International Standards (RRR) AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations and subsequently address a petition for rulemaking. DATES: Comments must be received by October 15, 2012. ADDRESSES: You may submit comments by any of the following methods: Federal Rulemaking Portal: http://www.regulations.gov . Follow the on-line instructions for submitting comments. Fax: 1-202-493-2251. Mail: Docket Management System; U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand Delivery: To U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday through Friday, except Federal holidays. Instructions: Include the agency name and docket number PHMSA-2012- 0027 (HM-215L) or RIN 2137-AE87 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to http://www.regulations.gov including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard. Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http://www.regulations.gov . Docket: You may view the public docket through the Internet at http://www.regulations.gov or in person at the Docket Operations office at the above address (see ADDRESSES). FOR FURTHER INFORMATION CONTACT: Michael Stevens, Office of Hazardous Materials Standards or Vincent Babich, International Standards, telephone (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC, 20590-0001. SUPPLEMENTARY INFORMATION: I. Executive Summary II. Background III. Harmonization Proposals in This NPRM IV. Amendments Not Being Considered for Adoption in This NPRM V. Section-by-Section Review VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for the Rulemaking B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies and Procedures F. Paperwork Reduction Act G. Regulatory Identifier Number (RIN) H. Unfunded Mandates Reform Act I. Environment Assessment J. Privacy Act K. Executive Order 13609 and International Trade Analysis I. Executive Summary PHMSA has initiated a rulemaking project to maintain alignment with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. This rulemaking project is part of our ongoing biennial process to harmonize the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) with international regulations and standards. Federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.) permits PHMSA to depart from international standards to promote safety or other overriding public interest, but otherwise requires PHMSA to align the HMR with international transport standards and requirements to the extent practicable (see 49 U.S.C. 5120). Harmonization facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials to and from the United States and becomes increasingly important as the volume of hazardous materials transported in international commerce grows. By facilitating compliance, harmonization also tends to enhance safety for international movements, but only if the international standards themselves provide an appropriate level of safety. To that end, PHMSA actively participates in the development of international standards for the transportation of hazardous materials, frequently advocating the adoption in international standards of particular HMR requirements. When considering the adoption of international standards under the HMR, we review and consider each amendment on its own merit, on the basis of its overall impact on transportation safety, and the economic implications associated with its adoption into the HMR. Our goal is to harmonize without diminishing the level of safety currently provided by the HMR and without imposing undue burdens on the regulated community. This NPRM proposes to amend the HMR to maintain alignment with various international standards. The following are some of the more noteworthy proposals in this NPRM: Incorporate Revised Standards: PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials standards including the 2013-2014 International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), Amendment 36-12 to the International Maritime Dangerous Goods Code (IMDG Code), and the 17th Revised Edition of [[Page 49169]] the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations). Additionally, we are proposing to update our incorporation by reference of the Canadian Transportation of Dangerous Goods Regulations to include Amendment 8 (SOR/2011-239) issued November 9, 2011, Amendment 9 (SOR/2011-60) issued March 16, 2011, and Amendment 10 (SOR/2011-210) issued October 12, 2011. Finally, in this NPRM PHMSA is proposing the adoption of updated International Standards Organization (ISO) standards. If the amendments in this proposed rule are not adopted in the HMR by January 1, 2013, the date most of the international standards above take effect, U.S. companies, including numerous small entities competing in foreign markets, would be at an economic disadvantage. These companies would be forced to comply with a dual system of regulations. The amendments proposed in this rulemaking are intended to avoid this result. Expand Packaging Authorizations: Consistent with amendments adopted by the UN Model Regulations, PHMSA proposes to adopt changes throughout the Part 173 packaging requirements to authorize more flexibility when choosing packages for hazardous materials. These changes include, but are not limited to, the authorization to allow wood as a material of package construction for certain explosives the authorization to use metals other than steel or aluminum for drums and boxes; and the authorization, where appropriate, to permit the use of non-removable head drums in those instances where removable head drums are otherwise authorized. These amendments will allow additional flexibility to the regulated community with respect to the material of construction authorized for such packages and types of packages authorized, without compromising safety. Revise Vessel Stowage Codes: PHMSA proposes to revise, consolidate, and delete various vessel stowage codes. Specifically, PHMSA is proposing to revise the vessel stowage location requirements for explosives by reducing the number of explosive stowage categories from 15 to 5 in column 10A of the Hazardous Materials Table (HMT) found in Sec. 172.101. In addition to the changes in column 10A, in this NPRM PHMSA is proposing modifications to the vessel stowage codes listed in column 10B of the HMT. These changes are designed to harmonize with the IMDG Code, reduce the number of redundant vessel stowage codes and add various vessel segregation definitions in Sec. 176.2. These revisions to the vessel stowage requirements in column 10 of the HMT are proposed to eliminate redundant codes, align with modifications to the IMDG Code and to simplify the vessel stowage requirements by limiting the number of stowage options without compromising safety. PHMSA believes these changes will greatly simplify vessel stowage requirements and facilitate international transportation of hazardous materials in commerce by aligning the HMR with the IMDG Code, while continuing to achieve an appropriate level of safety. Adopt Flexible Bulk Container Requirements: PHMSA proposes to incorporate a new packaging definition, operational controls, performance-oriented standards, and testing requirements for Flexible Bulk Containers (FBCs). FBCs are bulk packages with a capacity over the currently authorized maximum volumetric capacity for IBCs. The maximum proposed volumetric capacity of FBCs is 15 cubic meters. PHMSA proposes to harmonize with the internationally recognized definition of FBCs, adopt performance-oriented packaging design and testing standards for FBCs, and impose operational controls on the use of FBCs in transport. These FBC requirements will be modeled after the FBC requirements adopted into the 17th Revised Edition of the UN Model Regulations. FBCs provide shippers the opportunity to utilize a reusable packaging for bulk shipments of certain authorized low-hazard commodities. The associated design-type testing requirements ensure a high level of packaging integrity, and experience with such packagings in international transportation has verified the safety of these packagings. Adopt Chemical Under Pressure Provisions: We are proposing to revise the HMT to include entries for chemical under pressure as well as incorporate other safety requirements including but not limited to packaging requirements, segregation requirements, quantity limitations, and filling limits into the HMR. There is often confusion with regard to the proper classification of chemical under pressure. Currently, these types of products are often incorrectly classified and transported as liquefied gases or shipped under special permits. The addition of packaging requirements specific to chemical under pressure will ensure that an appropriate level of safety is achieved for these unique materials. Specify Minimum Size Requirements for Identification Number Markings on Non-Bulk Packages: PHMSA proposes to add specific size requirements for identification number (i.e., ``UN,'' ``NA,'' ``ID'') markings as prescribed in Sec. 172.301 for non-bulk packages. PHMSA proposes this minimum size marking for the ``UN,'' ``NA,'' and ``ID'' markings to align with newly adopted requirements in the 17th Revised Edition of the UN Model Regulations. PHMSA recognizes the importance of establishing a minimum size requirement for the internationally recognized ``UN'' identification number marking system. Without a minimum size requirement for hazard communication, shippers may mark packages in a format that makes it difficult for first responders to identify the commodity associated with a particular package. Revise HMT Entries: In this NPRM, PHMSA proposes amendments to the Sec. 172.101 Hazardous Materials Table (HMT) to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, passenger and cargo aircraft maximum quantity limits. The proposed changes to the HMT mirror recent changes in the Dangerous Goods list of The 17th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. If adopted in a final rule, the amendments proposed in this NPRM will result in minimal burdens on the regulated community. The benefits resulting from the adoption of the amendments include enhanced transportation safety resulting from the consistency of domestic and international hazard communication and continued access to foreign markets by U.S. manufacturers of hazardous materials. The majority of amendments in this NPRM should result in cost savings and ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America. PHMSA solicits comments on the need for these amendments and others proposed in this NPRM. Specifically, PHMSA requests comments on the benefits and costs of international harmonization, including the impact on safety and any other relevant concerns regarding the amendments proposed in this NPRM. In addition, PHMSA solicits comment from the regulated community [[Page 49170]] regarding approaches to reducing the costs of this rule while maintaining or increasing the benefits. In its preliminary analysis, PHMSA concluded that the aggregate benefits justify the aggregate costs as a result of the amendments proposed in this NPRM. Nonetheless, PHMSA solicits public comment on specific changes (for example, greater flexibility with regard to a particular amendment) that might improve the rule. II. Background In a final rule published December 21, 1990 (Docket HM-181; 55 FR 52402), the Research and Special Programs Administration (RSPA), the predecessor agency to PHMSA, comprehensively revised the HMR to harmonize U.S. hazardous materials transportation requirements with the UN Model Regulations. The UN Model Regulations constitute a set of recommendations issued by the UNSCOE and the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The UN Model Regulations are amended and updated biennially by the UNSCOE and serve as the basis for national, regional, and international modal regulations, including the IMDG Code and the ICAO Technical Instructions. Since publication of the 1990 rule, PHMSA has issued nine additional international harmonization rulemakings under Dockets: HM- 215A [59 FR 67390]; HM-215B [62 FR 24690]; HM-215C [64 FR 10742]; HM- 215D [66 FR 33316]; HM-215E [68 FR 44992]; HM-215G [69 FR 76044]; HM- 215I [71 FR 78595]; HM-215J [74 FR 2200]; and HM-215K [76 FR 3308]. These rulemakings were based on biennial updates of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. Federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.) directs PHMSA to participate in relevant international standard-setting bodies and encourages alignment of the HMR with international transport standards to the extent practicable while recognizing that deviations may at times be necessary to be consistent with the public interest (see 49 U.S.C. 5120). Harmonization facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials. Harmonization has also become increasingly important as the volume of hazardous materials transported in international commerce grows. By facilitating compliance, harmonization enhances safety. PHMSA actively participates in relevant international standard-setting bodies and promotes the adoption of standards consistent with the high safety standards set by the HMR. When considering alignment of the HMR with international standards, we review and evaluate each amendment on its own merit, on the basis of its overall impact on transportation safety, and the on the basis of the economic implications associated with its adoption into the HMR. Our goal is to harmonize without diminishing the level of safety currently provided by the HMR or imposing undue burdens on the regulated community. Based on this review and evaluation, in this NPRM PHMSA is proposing to revise the HMR to incorporate changes from the 17th Revised Edition of the UN Model Regulations, Amendment 36-12 to the IMDG Code, and the 2013-2014 ICAO Technical Instructions, which become effective January 1, 2013 (The IMDG Code is effective January 1, 2013; however, the previous amendment may continue to be used until January 1, 2014). In addition, PHMSA proposes to incorporate by reference (see 171.8) the newest editions of various international standards. These standards incorporated by reference are authorized for use, under specific circumstances, in Subpart C of Part 171 of the HMR. This proposed rule is necessary to incorporate revisions to the international standards and, if adopted in the HMR, will be effective January 1, 2013. Possible Interim Final Rule If the changes in this proposed rule are not adopted by January 1, 2013, U.S. companies, including numerous small entities competing in foreign markets, would be at an economic disadvantage because these companies would be forced to comply with a dual system of regulations (specifically, the U.S. HMR, UN Model Regulations, and ICAO Technical Instructions). As previously noted, the changes to the international standards will take effect on January 1, 2013. Therefore, it is essential that a final rule incorporating these standards by reference be published no later than December 31, 2012 with an effective date of January 1, 2013. To this end, if it appears a final rule under this docket will not be published prior to January 1, 2013, PHMSA will publish a bridging document in the form of an interim final rule to amend the HMR by incorporating the 17th Revised Edition of the UN Recommendations and the 2013-2014 ICAO Technical Instructions. With regard to Amendment 36-12 of the IMDG Code, the International Maritime Organization approved an implementation date of January 1, 2014. The current edition of the IMDG Code (Amendment 35-10) remains in effect through 2013 and, therefore, the newest version of the IMDG Code will not be included in any bridging document. The proposed incorporation by reference of the newest edition of the IMDG Code and all other changes proposed in this NPRM would be addressed in a subsequent final rule also under this Docket, PHMSA-2012-0027 (HM- 215L). Accordingly, any interim final rule will only incorporate by reference editions of the international standards that become effective on January 1, 2013. III. Harmonization Proposals in this NPRM In addition to various revisions of the HMT and special provisions, in this NPRM, PHMSA is proposing the following amendments to harmonize the HMR with the most recent revisions to the UN Model Regulations, ICAO Technical Instructions, and the IMDG Code: Chemical under pressure Manufacturers in the United Kingdom, the United States, Australia, Canada, and other countries are supplying pressurized products contained and transported in gas cylinders. These products are liquids or solids such as adhesives, coatings, and cleaners combined with a gas or gas mixture in pressure receptacles under sufficient pressure to expel the contents. These mixtures are typically expelled from the pressurized cylinders as foams, streams, or thick sprays. Currently the HMR does not address liquids or solids transported under pressure. A typical product that would meet this description is a combination of a propellant (gas phase) and a liquid or solid component. Accordingly, the term liquefied gas does not correctly identify the contents of the container, nor can the material accurately be described by the name of the gas or liquid/solid component alone. The new entries (UN numbers) and corresponding provisions for ``chemical under pressure'' address their unique characteristics and ensure the safe transport of such materials. These entries and corresponding requirements were adopted into the 17th Revised Edition of the UN Model Regulations. Subsequently, ICAO and IMO adopted [[Page 49171]] the entries for chemicals under pressure as well as modal-specific requirements. In this NPRM, PHMSA is proposing to revise the HMT to include individual entries for chemical under pressure and incorporate other safety requirements including, but not limited to, quantity and filling limits and packaging and segregation requirements. Hazardous Materials Table (HMT) In this NPRM, PHMSA proposes amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits. In addition, PHMSA is proposing to comprehensively revise vessel stowage requirements to align with recent changes adopted into the IMDG Code. Incorporation by Reference In this NPRM, PHMSA proposes to incorporate by reference the latest editions of various international transport standards including the 2013-2014 ICAO Technical Instructions, Amendment 36-12 of the IMDG Code, and the 17th Revised Edition of the UN Model Regulations. Additionally, we are proposing to update our incorporation by reference of the Canadian Transportation of Dangerous Goods Regulations to include Amendment 8 (SOR/2011-239) dated November 9, 2011; Amendment 9 (SOR/2011-60) dated March 16, 2011; and Amendment 10 (SOR/2011-210) dated October 12, 2011. This incorporation by reference augments the broad reciprocity provided in Sec. 171.12 where the HMR allow the use of the Canadian TDG Regulations under certain conditions when transporting hazardous materials to or from Canada by highway or rail. Finally, PHMSA is proposing the incorporation by reference of new and updated International Standards Organization (ISO) standards. Flexible Bulk Containers (FBCs) In this NPRM, PHMSA proposes to incorporate a new packaging definition, operational controls, performance-oriented standards, and testing requirements for Flexible Bulk Containers (FBCs). FBCs are flexible bulk packages with a capacity over the currently authorized maximum volumetric capacity for flexible IBCs, but not exceeding 15 cubic meters. FBCs provide shippers the opportunity to utilize a reusable flexible packaging for bulk shipments of certain low-hazard commodities, all of which are currently authorized in non-specification bulk bins. The 17th Revised Edition of the UN Model Regulations adopted a performance-oriented standard for flexible bulk container design and testing. PHMSA proposes to harmonize with the internationally recognized definition of FBCs, adopt the same performance-oriented packaging design and testing standards for FBCs, and impose similar operational controls on the use of FBCs in transport. The applicable proposed definitions, operational controls, performance-oriented standards, and testing requirements will be discussed in further detail in the section by section review portion of this NPRM. Explosive Definitions In this NPRM, PHMSA proposes modifying the definitions for ``Articles, explosive, extremely insensitive (Articles, EEI)'' and ``Cartridges, blank.'' We also propose to replace the definition for ``Explosive, extremely insensitive detonating substances (EIDS)'' with a new definition for ``Explosive, extremely insensitive substances (EIS).'' Finally, we propose to add a definition for ``Auxiliary explosive component, isolated.'' The addition and modification of these definitions will provide consistency with international regulations and clarity when utilizing the UN test series 7 for explosive classification. Packaging Authorizations Part 173 of the HMR describes the general requirements for shipments and packagings of hazardous materials. Consistent with amendments adopted by the UN Model Regulations, PHMSA proposes to amend various Part 173 packaging requirements to authorize more flexibility when selecting packagings for hazardous materials. These proposed amendments include, but are not limited to, the authorization to use wood as a material of package construction for certain explosives, the authorization to use metals other than steel or aluminum for boxes and drums for certain hazardous materials, and the incorporation of authorizations and specifications for FBCs. Vessel Stowage Requirements The requirements for vessel stowage are described and specified in Sec. 172.101(k) and HMT entries are assigned appropriate vessel stowage codes and stowage special provisions in column (10) of the HMT. 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 this NPRM, we are proposing to clarify these instructions by revising the vessel stowage location requirements for explosives and reducing the number of explosive stowage categories from 15 to 5 in column (10A) of the HMT. Specifically, explosive stowage categories 6 through 15 will be eliminated, and stowage categories 1 through 5 will be retained and modified. This consolidation of codes is proposed to eliminate redundant codes, align with modifications to the IMDG Code, and simplify the vessel stowage requirements by limiting the number of stowage options without compromising safety. In addition to the HMT changes related to explosives stowage, in this NPRM PHMSA is proposing modifications to the vessel stowage provisions listed in column (10B) of the HMT. For harmonization with the IMDG Code, PHMSA proposes to incorporate the addition of a new definition for protected from sources of heat and potential or possible sources of ignition (see Section 176.2 of this NPRM for definitions), and subsequently revise and delete various vessel stowage provisions. These changes were developed to eliminate redundant codes, align with revisions to the IMDG Code, and simplify the vessel stowage requirements. By limiting the number of stowage options, we believe it will substantially reduce the complexity of the regulations without compromising safety. The revisions and consolidations of vessel storage codes in column (10A) and the stowage provisions in (10B) of the HMT are discussed in further detail below. PHMSA believes these changes will greatly simplify vessel stowage requirements and facilitate the seamless international transport of hazardous materials by aligning with the IMDG Code. Mercury Consistent with the various international standards, PHMSA is proposing to add an internationally recognized proper shipping name and identification number for UN3506, Mercury contained in manufactured articles, and the addition of a Division 6.1 (toxic) subsidiary hazard risk to UN2809, Mercury. Data presented to the UN Committee of Experts on the Transport of Dangerous Goods (UNSCOE) in the last biennium indicated the need for assigning a subsidiary risk of Division 6.1 to [[Page 49172]] UN2809, Mercury, and the need to adopt a separate description for UN3506, Mercury contained in manufactured articles. IV. Amendments Not Being Considered for Adoption in This NPRM This NPRM proposes changes to the HMR based on amendments adopted in the 17th Revised Edition of the UN Model Regulations, the 2013-2014 edition of the ICAO Technical Instructions, and Amendment 36-12 to the IMDG Code. We are not, however, proposing to adopt all the amendments made to the various international standards into the HMR. In many cases, amendments to the international recommendations and regulations have not been adopted because the framework or structure of the HMR makes adoption unnecessary. In other cases, we have addressed, or will address, the amendments in separate rulemaking proceedings. If we have inadvertently omitted an amendment in this NPRM, we will attempt to include the omission in the final rule. However, our ability to make changes in a final rule is limited by requirements of the Administrative Procedure Act (5 U.S.C. 553). In some instances, we can adopt a provision inadvertently omitted in the NPRM if it is clearly within the scope of changes proposed in the notice. Otherwise, in order to provide opportunity for notice and comment, the change must first be proposed in an NPRM. One of the goals of this rulemaking is to continue to maintain consistency between the HMR and the international requirements. We are not striving to make the HMR identical to the international regulations but rather to remove or avoid potential barriers to international transportation. The following is a list of significant amendments to the international regulations that we are not proposing to adopt in this NPRM, with a brief explanation of why the amendment was not included: Security Provisions for High Consequence Dangerous Goods The 17th Revised Edition of the UN Model Regulations adopted modifications to the security provisions specified in Chapter 1.4 with regard to ``high consequence dangerous goods.'' Specifically, these changes address the handling of certain Class 7 radioactive materials. In the 17th Revised Edition the UN adopted a list of transport security thresholds for specific radionuclides in Table 1.4.2 of Chapter 1.4. Materials identified in this table exceeding the transport security thresholds indicated in terabecquerels (TBq) would be subject to additional security requirements such as security training and security plans. In this NPRM, PHMSA is not proposing the adoption of the changes to the security requirements found in the HMR with regard to high consequence dangerous goods. These amendments to the international recommendations and regulations are not being adopted because the existing safety and security requirements found in Subpart I of Part 172 are consistent with and provide for a level of safety and security equivalent to the revised UN Model Regulations. Requirements for Lithium Batteries On January 11, 2010, PHMSA published an NPRM in the Federal Register under Docket HM-224F (75 FR 1302). The NPRM included provisions to ensure lithium batteries are properly packaged to reduce the possibility of damage that could lead to a catastrophic incident, and minimize the consequences of an incident should one occur. In addition, PHMSA proposed to require lithium battery shipments to be accompanied by hazard communication that ensures appropriate and careful handling by air carrier personnel, including the flight crew, and informs both transport workers and emergency response personnel of actions to be taken in an emergency. Subsequently, on April 11, 2012, PHMSA published a notice in the Federal Register requesting additional comment on the impacts of changes to the requirements for the air transport of lithium cells and batteries that were adopted into the 2013-2014 ICAO Technical Instructions. PHMSA is considering whether to harmonize the HMR with these requirements, and published a notice to allow interested persons an opportunity to supplement comments to the HM-224F NPRM. The HM-224F NPRM and the April 11, 2012 notice, which PHMSA developed in close coordination with the Federal Aviation Administration (FAA), are the latest in a series of actions PHMSA has taken to address the potential risks posed by lithium batteries in transportation. These publications solicit comments on revisions to the HMR and are based on lithium battery provisions in the 16th Revised Edition of the UN Model Regulations and the 2013-2014 ICAO Technical Instructions. Because lithium batteries are addressed in separate battery-specific rulemakings and notices, PHMSA is not proposing amendments pertaining to the transportation of lithium cells and batteries in this NPRM. The docket for the lithium battery rulemaking can be found at http://www.regulations.gov under PHMSA-2009-0095. Notification to the Pilot-In-Command Section 175.33 of the HMR addresses the requirements for notification of pilot-in-command regarding hazardous materials stowed aboard the aircraft. Recent amendments adopted in the upcoming 2013- 2014 edition of the ICAO Technical Instructions modify the information required to be given to the pilot-in-command as prescribed in Part 7; 4.1. These modifications include a requirement that the operator of an aircraft transporting hazardous materials provide personnel with responsibilities for operational control of the aircraft with the same information that is required to be provided to the pilot-in-command. In addition, the modifications also include a table of hazardous materials not required to appear on the notification provided to the pilot-in- command. Because better analysis is necessary to assess the regulatory impact of alignment with the ICAO Technical Instructions on this matter, PHMSA is not proposing to adopt the new provisions in this NPRM. However, PHMSA does intend to address these changes in a future rulemaking. Requirements for Salvage Pressure Receptacles The 17th Revised Edition of the UN Model Regulations adopted guidelines for Competent Authorities to use when issuing approvals for salvage pressure receptacles. These revisions are found in Chapter 1.2, 4.1, 5.4, and 6.2 of the UN Model Regulations. Specifically, these requirements address the packaging, hazard communication, and safe transport of salvage pressure receptacles, also known as salvage cylinders in the United States. The HMR currently address the packaging, hazard communication, and safe transport of salvage cylinders in Sec. 173.3(d) and do not require approval of the Associate Administrator to do so. PHMSA believes the current salvage cylinder requirements in the HMR provide a sufficient level of safety and adequately address the shipment of damaged and defective cylinders. Therefore, PHMSA is not proposing changes to the current HMR provisions for salvage cylinders in this NPRM. Fireworks Classification Reference The 17th Revised Edition of the UN Model Regulations adopted requirements for fireworks classification references. Specifically, a provision was [[Page 49173]] adopted requiring fireworks under identification numbers UN0333, UN0334, UN0335, UN0336, and UN0337, having been approved by a competent authority, to bear a classification reference on the shipping paper. The classification reference would indicate the country of the competent authority approval and would also include a unique serial reference for the specific firework device. PHMSA intends to address fireworks-related issues in a separate rulemaking and, therefore, will not address fireworks-related issues in this NPRM. The docket for the fireworks rulemaking can be found at http://www.regulations.gov under PHMSA-2010-0320 (HM-257). Criteria for Exclusion From Class 1 The ICAO and IMO recently adopted guidance issued to competent authorities regarding when an article or substance can be excluded from meeting the classification of a Class 1 (explosive) material. PHMSA is not adopting the issued guidance in this NPRM because it is classification parameters to be considered by a competent authority and not actual regulatory provisions. Air Bag Inflator, Air Bag Module, or Seat-Belt Pretensioner Revisions The 17th Revised Edition of the UN Model Regulations revised the authorized packagings used for the transportation of air bag inflators, air bag modules, or seat-belt pretensioners. Specifically, in addition to currently authorized packagings, the UN Model Regulations adopted authorizations for 1N2 and 1D drums, 3B2 jerricans, and 4A, 4B, 4N, and 4H1 boxes. PHMSA is not addressing the additional packaging authorizations in this rulemaking as these and other related issues were addressed in a separate NPRM. The docket for the air bag inflator, air bag module, and seat-belt pretensioner rulemaking can be found at http://www.regulations.gov under PHMSA-2010-0201. Pressure Relief Valves for Closed Cryogenic Receptacles A new provision was added to Packing Instruction P203 of the 17th Revised Edition of the UN Model Regulations. The amendment prescribes that the frequency of periodic inspection and test of the pressure relief valves for closed cryogenic receptacles shall not exceed five years. In this NPRM, PHMSA is not proposing to adopt this amendment. Section 173.316, ``Cryogenic Liquids in Cylinders,'' and Sec. 173.301, ``General Requirements for Shipment of Compressed Gases and Other Hazardous Materials in Cylinders, UN Pressure Receptacles and Spherical Pressure Vessels'' do not specify the frequency of tests of pressure relief device systems. The HMR requires testing of these systems in accordance with the Compressed Gas Association's S-1.1, ``Pressure Relief Device Standards--Part 1--Cylinders for Compressed Gases'' and S-7, ``Method for Selecting Pressure Relief Devices for Compressed Gas Mixtures in Cylinders.'' PHMSA believes these requirements already provide for an adequate level of safety of pressure relief device systems. Absorbent Materials for Air Packaging Numerous packing instructions of the ICAO Technical Instructions were revised to consistently provide that for certain liquid hazardous materials, inner packagings must be packed with sufficient absorbent material to absorb the entire contents of the inner packagings. PHMSA does not intend to adopt these amendments in this NPRM. Rather, we adopted them in a separate rulemaking under docket PHMSA- 2007-29364 (HM-231A). For example, in the final rule published in the Federal Register on April 16, 2012 (77 FR 22504), we revised Sec. 173.27(e) to require that inner packagings be packaged in a rigid leakproof liner or rigid intermediate packaging containing sufficient absorbent material to absorb the entire contents of the inner packaging before being placed in its outer package when absorbent material was required. Generally, this requirement is applicable to Packing Group I liquids. UN Test Series 6(d) for Certain Division 1.4S Articles Special provision 364 was added to the 17th Revised Edition of the UN Model Regulations that requires limited quantity packages of certain Division 1.4S explosives under the fo
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