# Hazardous Materials: Harmonization With International Standards (RRR)

- **operation:** document
- **citation:** 79 FR 50742
- **title:** Hazardous Materials: Harmonization With International Standards (RRR)
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** proposed
- **official:** true
- **published on:** 2014-08-25
- **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, the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations and subsequently address three petitions for rulemaking.
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- **source url:** https://www.federalregister.gov/documents/2014/08/25/2014-19161/hazardous-materials-harmonization-with-international-standards-rrr
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Federal Register, Volume 79 Issue 164 (Monday, August 25, 2014) [Federal Register Volume 79, Number 164 (Monday, August 25, 2014)] [Proposed Rules] [Pages 50742-50834] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2014-19161] [[Page 50741]] Vol. 79 Monday, No. 164 August 25, 2014 Part II 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. 79 , No. 164 / Monday, August 25, 2014 / Proposed Rules [[Page 50742]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176, 178, and 180 [Docket Nos. PHMSA-2013-0260 (HM-215M)] RIN 2137-AF05 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, the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations and subsequently address three petitions for rulemaking. DATES: Comments must be received by October 24, 2014. 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-2014- 2013-0260 (HM-215M) or RIN 2137-AF05 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to http://www.regulations.gov including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard. Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http://www.regulations.gov . Docket: You may view the public docket through the Internet at http://www.regulations.gov or in person at the Docket Operations office at the above address (See ADDRESSES). FOR FURTHER INFORMATION CONTACT: Steven Webb, Office of Hazardous Materials Standards or 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 proposes to amend the HMR to maintain alignment with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. 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 provide an appropriate level of safety. 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 2015-2016 International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI), Amendment 37-14 to the International Maritime Dangerous Goods Code (IMDG Code), the [[Page 50743]] International Atomic Energy Agency (IAEA) Safety Standards for Protecting People and the Environment; Regulations for the Safe Transport of Radioactive Material, No. SSR-6, (IAEA Regulations), 2012 Edition, and the 18th Revised Edition of 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) published November 9, 2011; Amendment 9 (SOR/2011-60) published March 16, 2011; Amendment 10 (SOR/2011-210) published October 12, 2011; and Amendment 11 (SOR/2012-245) published November 9, 2012. Finally, in this NPRM, PHMSA is proposing the adoption of updated International Standards Organization (ISO) standards. 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 18th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO TI. Provide Exceptions for Marine Pollutants: PHMSA is proposing an exception from the HMR for marine pollutants up to 5 l (1.3 gal) for liquids or 5 kg (11 lbs.) for solids when these materials are packaged in accordance with the general packaging requirements of Sec. Sec. 173.24 and 173.24a. The proposed amendment would exempt small packages of hazardous material from the HMR that are regulated only because of the presence of one or more marine pollutants. Materials in these quantities pose a low risk in transport and this proposal simplifies the current exceptions for marine pollutants and reduces impediments to multi-modal transport of these goods. The proposed changes to the HMT mirror recent changes in the Dangerous Goods list of the 18th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO TI. Modification of the Marine Pollutant List: PHMSA is proposing to modify the list of marine pollutants in Appendix B to 172.101. The HMR maintain a list as the basis for regulating substances toxic to the aquatic environment and allow use of the criteria in the IMDG Code if a listed material does not meet the criteria for a marine pollutant. PHMSA periodically updates its list based on changes to the IMDG Code and evaluation of listed materials. Clarify Hazard Communication Size Requirements: PHMSA is proposing to add minimum sizes for the OVERPACK and SALVAGE markings. These markings would be characters at least 12 mm (.47 inches) high. There is no minimum size for these marks currently in the HMR, and the information is not always readily visible. Further, the HMR already prescribe specific size requirements for the ``UN'' or ``NA'' markings and package specification markings. This proposal is a logical extension of existing requirements. To offset any increased cost associated with the proposed size requirements, PHMSA will propose to permit a permanently marked salvage package or overpack to remain in service with its existing marks regardless of whether the identification number markings meet the minimum size requirements. Revise Vessel Stowage Requirements: PHMSA is proposing to revise and add vessel stowage codes listed in column 10B of the HMT and segregation requirements in Sec. 176.83 consistent with the IMDG Code. These changes would harmonize the HMR with the IMDG Code and would provide additional guidance on the loading and stowage of various materials. Additionally, we propose to increase the required segregation distances between Division 4.3 dangerous when wet material (i.e. materials liable to give off a flammable or toxic gas in contact with water) and Class 3 flammable liquids and Division 2.1 flammable gases. Addition of Entries for Adsorbed Gases in the Hazardous Materials Table: Consistent with amendments adopted into the UN Model Regulations, PHMSA is proposing to revise the Hazardous Materials Table (HMT) in Sec. 172.101 to include seventeen new entries for adsorbed gases. Additionally we propose to add into the HMR a definition for adsorbed gas, authorized packagings, and safety requirements including but not limited to quantity limitations and filling limits. Harmonized Requirements for Lithium Batteries: PHMSA proposes harmonization with the latest version of the ICAO Technical Instructions to ensure that the information currently authorized by the HMR to be provided by means of an alternative document be included on a shipping paper for batteries transported under the provisions of 49 CFR 173.185(c)(4)(v)--equivalent to Section IB of ICAO Packing Instructions 965 and 968. PHMSA also proposes to harmonize with the latest version of the ICAO Technical Instructions by requiring a ``CARGO AIRCRAFT ONLY'' label on packages containing small lithium metal batteries not packed in or with equipment. Definition of Non-Bulk Packaging: PHMSA proposes to revise the HMR definition of non-bulk packaging by adding a new paragraph (4) to include bags and boxes conforming to the applicable requirements for specification packagings in subpart L of part 178 of this subchapter, if they have a maximum net mass of 400 kg (882 pounds) or less. The UN Model regulations were revised to remove the volumetric limit for certain packaging types considered in Part 6 of the UN Model Regulations that would be considered non-bulk packagings under the HMR. This change was based on recognition by the UN Transport of Dangerous Goods Sub-Committee that there are packagings suitable for the transportation of high volume, low mass materials (e.g., airbags). If the amendments in this proposed rule are not adopted in the HMR by January 1, 2015, the date most of the international standards above take effect, U.S. companies, including numerous small entities competing in foreign markets, will be at an economic disadvantage. These companies will be forced to comply with a dual system of regulations. The amendments proposed in this rulemaking are intended to avoid this result. 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 regarding approaches to reducing the [[Page 50744]] 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 United Nations Subcommittee of Experts (UNSCOE) on the Transport of Dangerous Goods 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 TI. Since publication of the 1990 rule, PHMSA has issued ten 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]; HM-215K [76 FR 3308]; and HM-215L [78 FR 987]. These rulemakings were based on biennial updates of the UN Model Regulations, the IMDG Code, and the ICAO TI. 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 ensure safety or 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 18th Revised Edition of the UN Model Regulations, Amendment 37-14 to the IMDG Code, and the 2015-2016 Edition of the ICAO Technical Instructions, which become effective January 1, 2015 (The IMDG Code is effective January 1, 2015; however, the previous amendment may continue to be used until January 1, 2016). In addition, PHMSA proposes to incorporate by reference the newest editions of various international standards. These standards incorporated by reference are authorized for use, under specific circumstances, in 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, 2015. Possible Interim Final Rule If the changes in this proposed rule are not adopted by January 1, 2015, 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, 2015. Therefore, it is essential that a final rule incorporating these standards by reference be published no later than December 31, 2014 with an effective date of January 1, 2015. To this end, if it appears a final rule under this docket will not be published prior to January 1, 2015, PHMSA will publish a bridging document in the form of an interim final rule to amend the HMR by incorporating the 18th Revised Edition of the UN Recommendations and the 2015-2016 Edition of the ICAO Technical Instructions. With regard to Amendment 37-14 of the IMDG Code, the International Maritime Organization approved an implementation date of January 1, 2016. The current edition of the IMDG Code (Amendment 36-12) remains in effect through 2015 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-2013-0260 (HM- 215M). Accordingly, any interim final rule will only incorporate by reference editions of the international standards that become effective on January 1, 2015. III. Harmonization Proposals in This NPRM In addition to various other revisions to the HMR, in this NPRM, PHMSA is proposing the following amendments to harmonize the HMR with the most recent revisions to the UN Model Regulations, ICAO TI, and the IMDG Code: 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, vessel stowage and segregation requirements, and passenger and cargo aircraft maximum quantity limits. Incorporation by Reference In this NPRM, PHMSA proposes to incorporate by reference the latest editions of various international transport standards including the 2015-2016 Edition of the ICAO Technical Instructions, Amendment 37-14 of the IMDG Code, and the 18th 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) published November 9, 2011; Amendment 9 (SOR/2011-60) published March 16, 2011; Amendment 10 (SOR/2011-210) published October 12, 2011; and Amendment 11 (SOR/2012- 245) published November 9, 2012. [[Page 50745]] 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. Petitions for Rulemaking: In this NPRM, PHMSA is addressing three petitions for rulemaking: Alignment of the HMR With the ICAO TI To Remove the Segregation Requirements in Sec. 175.630 (P-1631) In a petition for rulemaking (P-1631), UPS, Inc. requests that PHMSA align with the ICAO TI by removing the Sec. 175.630 provisions requiring Division 6.1 and 6.2 packages to be segregated from materials marked as or known to be a foodstuff, feed, or any other edible material intended for consumption by humans or animals. Section 175.630 imposes special segregation requirements for Division 6.1 (toxic) material and Division 6.2 (infectious substance) materials when transported by aircraft. Paragraph (a) requires that a package required to bear a POISON, POISON INHALATION HAZARD, or INFECTIOUS SUBSTANCE label may not be carried in the same compartment of an aircraft with material which is marked as or known to be a foodstuff, feed, or any other edible material intended for consumption by humans or animals unless: (1) The Division 6.1 or Division 6.2 material and the foodstuff, feed, or other edible material are loaded in separate unit load devices which, when stowed on the aircraft, are not adjacent to each other; or (2) The Division 6.1 or Division 6.2 material are loaded in one closed unit load device and the foodstuff, feed or other material is loaded in another closed unit load device. The petitioner notes that during 2012-2013 biennium, the ICAO Dangerous Goods Panel (DGP) determined that the high quality of packaging for Division 6.1 and 6.2 material required by the ICAO TI justified removal of the segregation requirements applied to Division 6.1 or Division 6.2 material and foodstuffs. The petitioner states that the alignment of the HMR with the ICAO TI on the matter of operator requirements is of great value for aircraft operators. In addition, the petitioner states that this amendment has the potential to introduce efficiencies for air carriers, including UPS. In this context, with the deletion of ICAO TI Part 7, Section 2.9, the petitioner recommends and requests that PHMSA remove the corresponding requirements of Sec. 175.630. PHMSA is in agreement with the petitioner and in this NPRM, is proposing to delete the special segregation requirements for Division 6.1 and Division 6.2 material. This action would harmonize the HMR with recent amendments that will appear in the 2015-2016 Edition of the ICAO TI. These segregation requirements are no longer necessary, and we propose to harmonize with ICAO because of: (1) The relative rarity of releases of toxic and infectious substances; (2) the small quantities released when a spill actually occurs; (3) the robust nature of combination packagings used for toxic and infectious substances; (4) the acceptance checks required by operators prior to loading hazardous materials aboard aircraft; (5) the lack of evidence of contamination of other packages by a release of toxic or infectious substances; and (6) the coverage by the hazard communication system already in place in the event of a release. Passenger Notification Programs for Tickets Issued by Phone (P-1623) In a petition for rulemaking (P-1623), the Council on Safe Transportation of Hazardous Articles (COSTHA) requests that PHMSA remove the applicability of passenger notifications in Sec. 175.25(b) to telephone transactions. In a final rule published January 19, 2011 under Docket No. PHMSA- 2009-0126 (HM-215K); 76 FR 3308, PHMSA aligned with the ICAO TI by adding new requirements for certain information to be presented to passengers regarding what hazardous materials they may check-in or carry-on a flight. This information is to be provided at points of ticket sale and at automated or remote passenger check-in. On March 7, 2013, PHMSA received a request for a letter of interpretation (Reference 13-00058) from COSTHA pointing out that the January 19, 2011 final rule in Sec. 175.25 (b) includes the word ``phone'' which is not in Part 7; 5.1.1 of the ICAO TI, nor is it part of the current scope of passenger notification programs. COSTHA requested clarification as to whether or not PHMSA intended the Sec. 175.25(b) requirement to be applicable to passenger notification by telephone. In the July 11, 2013 response, PHMSA stated that Sec. 175.25(b) explicitly references purchase by telephone as a means of purchasing a ticket remotely. Therefore, as written, the Sec. 175.25(b) passenger notification and acknowledgement requirements apply when purchasing a ticket by telephone and this is generally consistent with Part 7; 5.1.1 of the ICAO TI. This petition was submitted in response to the letter of interpretation issued by PHMSA on July 11, 2013 (Reference 13-0058). In its petition, COSTHA states that they strongly disagree with PHMSA's position that inclusion of the term ``phone'' in Sec. 175.25(b) is ``generally consistent'' with the language adopted in Part 7; 5.1.1 of the ICAO TI, and that PHMSA has not fully recognized or accounted for the significant costs such an interpretation would impose on industry and the competitive disadvantage that would result for U.S. passenger air carriers. The petitioner notes that the issue of ticket purchase and check-in on line was discussed within a working group of the ICAO DGP (May 2009) and that the discussion only pertained to electronic transactions, not telephone transactions. The report from the meeting specifically states ``when purchasing tickets or checking in electronically.'' The report includes comments from DGP members questioning who would enforce the requirement against internet-based travel agencies. There is no reference to ticket purchases made via telephone. At the 22nd meeting of the ICAO DGP (October 2009), ICAO adopted modifications to Part 7; 5.1 to bolster communication to passengers who purchase tickets or check-in electronically. Paragraph 2.8.2.1 from the DGP 22 report states: A proposal to strengthen the requirements for the provision of information to passengers in respect of dangerous goods in baggage was discussed. It was suggested the use of the Internet to purchase tickets, to check in, and the use of automated check-in machines at the airport or by telephone made traditional methods of providing information to passengers obsolete. New text in Part 7;5.1 was developed to address this. The petitioner notes that DGP 23 report contains the first reference to the use of telephones, and in this case it is in reference to passenger check-ins, not ticket purchase. Further revisions to the ICAO TI text resulted in mandatory requirements. However, the context of these discussions was again regarding electronic transactions, not via the telephone. The petitioner states based on the information contained in the ICAO reports that it was not the intention of ICAO to require extensive hazard communication during telephonic ticket purchases. The petitioner states that by extending the application of notification to passengers to telephonic ticket purchases, PHMSA is imposing [[Page 50746]] significant training and implementation costs on industry and that these costs may not have been fully considered. In the petition, COSTHA includes estimated costs from three member air carriers for providing passenger notification via telephonic communication. One carrier estimated an annual cost increase of $17 million, another $750,000, and the third $450,000 a year for every second added to talk time. These figures do not include employee training costs. In addition, these three airlines provided data that between 3% and 5.1% of tickets are purchased over the phone. The petitioner points out that the vast majority of tickets are purchased on-line, and when purchased in this manner, passengers are notified about hazardous materials at the time of purchase, during check-in, and again via an announcement at the gate. The petitioner states that extending these requirements to telephone transactions will significantly increase costs to industry while reaching only 5% of passengers purchasing tickets. In this NPRM, PHMSA is proposing to grant this petition by adopting into the HMR the revisions made to the passenger notification provisions of Part 7;5.1 of the ICAO TI adopted at the 24th meeting of ICAO DGP (October 2013). Paragraph 2.7.3.1 from the DGP 24 report states: It was suggested that text which had existed in Part 7;5.1 prior to the 2011-2012 Edition of the Technical Instructions had been inadvertently removed and should be reinstated. Part 7;5.1 was amended in the 2011-2012 Edition to address the increasing use of the internet for flight bookings and check-in, the use of telephones and kiosks at airports for check-in. It was suggested, however, that the new text did not address cases when a passenger might make a booking over the telephone with the operator providing the dangerous goods information with a booking confirmation by post or email. Specifically, PHMSA is proposing to revise Sec. 175.25(b) for consistency with the ICAO TI to clarify that for ticket purchases the hazardous materials notification must be presented at the point of ticket purchase or, if this not practical, made available in another manner to passengers prior to the check-in process. This will allow an operator to provide the hazardous materials notification verbally, with the ticket or ticket receipt, or using another equally suitable method. In addition, PHMSA is proposing to remove the words ``regardless if the process is completed remotely (e.g., via the Internet and Phone) or when completed at the airport, with or without assistance from another person (e.g., automated check in facility)'' as examples of ticket purchases to fully harmonize Sec. 175.25(b) with the ICAO TI, and to clarify that the hazardous materials notification must be given with every ticket purchase. Finally, it is proposed to insert the words ``provided via the internet'' into the second sentence of Sec. 175.25(b) to clarify that passenger acknowledgement is only required when the ticket is purchased through the internet without assistance from another person. All of these proposed changes taken together will address the COSTHA petition and bring the HMR into full alignment with the ICAO TI. Compliance Date Extension for Passenger Notification Programs (P-1633) In a petition for rulemaking (P-1633), COSTHA requests that PHMSA extend the transitional compliance date for ``hazardous materials notifications to passengers at time of ticket purchase,'' which was adopted in a January 19, 2011 final rule (Docket No. PHMSA-2009-0126 (HM-215K); 76 FR 3308) and extended to January 1, 2015 in a final rule published January 7, 2013 (Docket No. PHMSA-2009-0126 (HM-215K); 78 FR 1108). Specifically, COSTHA requests the current compliance date for passenger notifications requirements in Sec. 175.25 be extended from January 1, 2015 until 12 months from the effective date of the HM-215M final rule publication, or January 1, 2016, whichever is later. The petitioner states on April 30, 2013, the Federal Aviation Administration (FAA) chartered an Aviation Rulemaking Committee (ARC) on Passenger Notification of Hazardous Materials Regulations with a mission to develop consistent and effective messages for disseminating hazardous materials information to passengers and provide air carriers additional clarity to ensure regulatory compliance. The FAA timeline for the ARC and publication of the draft advisory circular was developed to provide air carriers eight months to implement the recommendations, employee training, program changes and to make necessary technology updates. Due to additional amendments to the passenger notification requirements of the ICAO TI the implementation and subsequent consideration for harmonization under this proposed rule the timeline established by the FAA was delayed. Given this delay, air carriers will not be provided sufficient time to implement changes necessary to comply with the modified Sec. 175.25. In this NPRM, PHMSA is proposing to revise Sec. 175.25(b) for consistency with recent amendments to the ICAO TI to clarify that for ticket purchases made via the telephone, the hazardous materials notification must be provided to the passenger but can be done so using any suitable method prior to the check-in. Due to this revision, the extension requested in this petition is unnecessary. The requirement for air carrier reservation agents to verbally provide passenger notification at the time of purchase by telephone was the basis for the effective date extension granted in the January 7, 2013 final rule (HM- 215K). By removing the telephonic acknowledgement requirement, the previous effective date of January 1, 2015 will be waived as of publication. Other than the telephonic acknowledgement requirement, PHMSA is unaware of any additional new requirement imposed under HM- 215K that has posed difficulty in implementation that would merit providing additional compliance date relief. Further, proposed amendments to Sec. 175.25 in this rulemaking are eligible for the one year delayed compliance. IV. Amendments Not Being Considered for Adoption in this NPRM This NPRM proposes changes to the HMR based on amendments adopted in the 18th Revised Edition of the UN Model Regulations, the 2015-2016 Edition of the ICAO Technical Instructions, and Amendment 37-14 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 [[Page 50747]] 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: Damaged, Defective, and Waste Lithium Batteries The 18th Revised Edition of the UN Model Regulations adopted transportation provisions for damaged, defective, and waste lithium batteries. In this NPRM, PHMSA is not proposing to adopt changes to the domestic requirements for the treatment of these lithium batteries, as we believe existing HMR requirements sufficiently address shipments of this nature. Dimensions on Hazard Communication Examples The 18th Revised Edition of the UN Model Regulations adopted modifications to example figures of markings, labels, and placards to note minimum dimensions for the appropriate hazard communication example pictograms. In this NPRM, PHMSA is not proposing to adopt the changes to example markings, labels, and placards found in the HMR. We believe the addition of dimensions to the example pictograms does not add significant value because these dimensions are described in the text of the HMR. These amendments to the international recommendations and regulations are not being adopted because the regulatory text associated with the various figures in the HMR depicting package markings, labels and placards adequately describes the item without adding minimum dimensions to the example figures. Flash Composition The 18th Revised Edition of the UN Model Regulations amended a note before the default fireworks classification table in 2.1.3.5.5. This amendment changed the criteria used in the meaning of ``flash composition'' from 8 ms for .5 g of pyrotechnic substance in the HSL Flash Composition Test in Appendix 7 of the Manual of Tests and Criteria, to 6 ms for .5 g of pyrotechnic substance. In this NPRM, PHMSA is not adopting this change as work on this test is ongoing. Radioactive Materials Transportation Requirements The 18th Revised Edition of the UN Model Regulations, the 2015-2016 Edition of the ICAO Technical Instructions, and Amendment 37-14 to the IMDG Code amended various radioactive transportation requirements to harmonize their regulations with the International Atomic Energy Agency (IAEA) Safety Standards for Protecting People and the Environment; Regulations for the Safe Transport of Radioactive Material, No. SSR-6. While PHMSA is proposing to incorporate by reference this document (see Sec. 171.7) and adopt the new proper shipping name and associated shipping requirements for UN 3507, Uranium hexafluoride, radioactive material, excepted package, we are not proposing to harmonize the HMR with the remainder of the changes made by the various international regulations in this NPRM. Any further domestic radioactive harmonization issues will be addressed in a future rulemaking in conjunction with the Nuclear Regulatory Commission. Discarded Packages The 18th Revised Edition of the UN Model Regulations adopted a new proper shipping name and UN number for Packaging discarded, empty, uncleaned, UN 3509. This new proper shipping name was 
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