# Hazardous Materials: Harmonization With International Standards (RRR)

- **operation:** document
- **citation:** 80 FR 1076
- **title:** Hazardous Materials: Harmonization With International Standards (RRR)
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2015-01-08
- **effective on:** 2015-01-01
- **summary:** PHMSA is amending 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 (IMDG) Code, the International Civil Aviation Organization's Technical Instructions (ICAO TI) for the Safe Transport of Dangerous Goods by Air, the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations) and subsequently address three petitions for rulemaking.
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- **source url:** https://www.federalregister.gov/documents/2015/01/08/2014-30462/hazardous-materials-harmonization-with-international-standards-rrr
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Federal Register, Volume 80 Issue 5 (Thursday, January 8, 2015) [Federal Register Volume 80, Number 5 (Thursday, January 8, 2015)] [Rules and Regulations] [Pages 1076-1169] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2014-30462] [[Page 1075]] Vol. 80 Thursday, No. 5 January 8, 2015 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); Final Rule Federal Register / Vol. 80 , No. 5 / Thursday, January 8, 2015 / Rules and Regulations [[Page 1076]] ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is amending 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 (IMDG) Code, the International Civil Aviation Organization's Technical Instructions (ICAO TI) for the Safe Transport of Dangerous Goods by Air, the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations) and subsequently address three petitions for rulemaking. DATES: Effective Date: January 1, 2015. Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning January 1, 2015. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2016. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 1, 2015. 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. Incorporation by Reference Discussion Under 1 CFR Part 51 IV. Comment Discussion 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 In this final rule, PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to incorporate changes adopted in the IMDG Code, the ICAO Technical Instructions, and the UN Model Regulations, effective January 1, 2015. These changes ensure the domestic hazard classification, hazard communication and packaging requirements are consistent with those employed throughout the world. 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. Safety is often enhanced by creating a uniform framework for compliance. 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. The foreign trade of chemicals is a large segment of the United States economy. In 2000, U.S. foreign trade in chemicals totaled $154 billion and generated a $6 billion positive trade balance. The consistency of regulations reduces regulatory compliance costs and helps to avoid costly frustrations of international shipments. PHMSA's continued leadership in maintaining consistency with international regulations enhances the hazardous materials safety program and assists in maintaining a favorable trade balance. II. Background PHMSA published a notice of proposed rulemaking (NPRM) under Docket HM-215M (79 FR 50741, August 25, 2014) to incorporate various amendments to harmonize the HMR with recent changes to the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. 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 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 final rule, PHMSA is amending 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 ICAO Technical Instructions, which become effective January 1, 2015 (The IMDG Code is effective January 1, 2015; however, Amendment 36-12 may continue to be used until January 1, 2016). Notable amendments to the HMR in this final rule include the following: Updating references to international regulations including the ICAO Technical Instructions, the IMDG Code, the UN Model Regulations, the UN Manual of Tests and Criteria the Canadian Transportation of Dangerous Goods Regulations and various technical standards. Adding, revising, or removing certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits from the Hazardous Materials Table (HMT). Adopting 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. These exceptions are consistent with the UN Model Regulations, the IMDG Code, and the ICAO TI. [[Page 1077]] Modifying the list of marine pollutants in Appendix B to Sec. 172.101. Adding minimum sizes for the OVERPACK and SALVAGE markings. Revising and adding vessel stowage codes listed in column 10B of the HMT and segregation requirements in Sec. 176.83 consistent with the IMDG Code. Adsorbed gases: Adopting new entries into the HMR; adding a definition; authorizing packagings; and adding safety requirements including quantity limitations and filling limits. Harmonizing with the latest version of the ICAO TI 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 Sec. 173.185(c)(4)(v) equivalent to Section IB of ICAO TI Packing Instructions 965 and 968. PHMSA is also harmonizing with the latest version of the ICAO TI by requiring a ``CARGO AIRCRAFT ONLY'' label on packages containing small lithium metal batteries not packed in or with equipment. Amending 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. III. Incorporation by Reference Discussion Under 1 CFR Part 51 The United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations, Manual of Tests and Criteria, all of the Transport Canada Clear Language Amendments, and the IAEA Regulations are all free and easily accessible for the public to access on the internet, with access provided via Web sites provided by the parent organization. The International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air, International Maritime Organization International Maritime Dangerous Goods Code, and all of the International Organization for Standardization references are available for interested parties to purchase in either print or electronic versions through the parent organization Web sites. The price charged for these standards not freely available to interested parties helps to cover the cost of developing, maintaining, hosting, and accessing these standards. The specific standards are discussed in greater detail in the following analysis. IV. Comment Discussion In response to PHMSA's August 25, 2014 NPRM (79 FR 50741), PHMSA received comments from the following organizations and individuals: Aaron Adamczyk Alaska Airlines American Chemistry Council (ACC) American Society of Travel Agents Anonymous Autoliv Carla Clark The Council on Safe Transportation of Hazardous Articles, Inc. (COSTHA) The Dangerous Goods Advisory Council (DGAC) Dow Chemical Edward Altemos Entegris Gregory Sutherland The Institute of Makers of Explosives (IME) International Vessel Operators Dangerous Goods Association (IVODGA) James Lynch Jeffery Richmond Katherine Whelan Key Safety Systems Paul Rankin/RIPA Sally Mitchell Shondra Hector TK Holdings Inc. (Takata) TRW Automotive Veolia ES Technical Solutions, L.L.C. (Veolia) United Parcel Service (UPS) Below is a listing of major amendments to the international transportation regulations that we proposed for adoption into the HMR, a brief synopsis of the comments we received regarding those proposals, and PHMSA's position regarding the comments. Additional comments are addressed in the section-by-section analysis section.\1\ --------------------------------------------------------------------------- \1\ Comments which were outside the scope of this rulemaking are not addressed in this final rule. --------------------------------------------------------------------------- Incorporation by Reference In the NPRM, PHMSA proposed to incorporate by reference the latest editions of various international transport standards including the 2015-2016 ICAO TI, Amendment 37-14 of the IMDG Code, the 18th Revised Edition of the UN Model Regulations, the International Atomic Energy Agency Safety Standards for Protecting People and the Environment; Regulations for the Safe Transport of Radioactive Material, No. SSR-6, and the Canadian Transportation of Dangerous Goods Regulations. Finally, PHMSA proposed the incorporation by reference of new and updated standards published by the International Organization for Standardization (ISO). PHMSA received general support from the commenters on the principle of harmonizing the U.S. regulations with international transport and technical standards. We did not receive any comments that opposed our proposals to incorporate these standards and will adopt them in this final rule. Exceptions for Marine Pollutants In the NPRM, PHMSA proposed to add a new exception from the HMR to Sec. 171.4 for marine pollutants up to 5 L (1.3 gallons) 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. PHMSA received comments from Gregory Sutherland, DGAC, IVODGA, and COSTHA concerning our proposed amendments to this section. General support for the harmonization effort was provided by COSTHA, IVODGA, and DGAC. Mr. Sutherland asks if the intent of the proposal was to eliminate limited quantity and excepted quantity shipments of marine pollutants, and further asks why anyone would offer a marine pollutant as a limited or excepted quantity with the new exception in place. PHMSA is not proposing to remove the ability to offer marine pollutants as limited or excepted quantities, but does agree with the commenter that the vast majority of shippers of limited or excepted quantity amounts of marine pollutants will choose to utilize the new exception instead of existing limited or excepted quantity provisions. Mr. Sutherland notes that as proposed there would be no restriction on the number of 5 L containers that are permitted in a combination package, so a package containing four 5 L bottles would contain 20 L of non-regulated marine pollutants, but a 10 L jerrican would be fully regulated. Mr. Sutherland is correct. There is no limit to the number of up to 5 L or 5 kg single or inner packagings that may be placed inside of a package under the conditions of the exception. Lastly, Mr. Sutherland notes that as proposed there would be no requirement to mark a freight container with the large marine pollutant marking even if that freight container contains nothing but packages of excepted marine pollutants. Mr. Sutherland is correct. If the shipments of marine pollutants are below the provided quantity thresholds per inner or single packaging and meet the applicable general packaging provisions no marking would be required on a cargo transport unit, regardless of the number of packages being offered under the exception. [[Page 1078]] DGAC noted that they believe the language in the proposed paragraph (c)(l) could be clarified, as a partial reading could imply that single or inner packagings of 5 L or 5 kg of any material are excepted from the HMR. PHMSA agrees. The wording of the proposed exception is not clear enough to indicate that all shipments of marine pollutants meeting the quantity thresholds and general packaging provisions can utilize the exception assuming they are not also hazardous substances or hazardous wastes. The use of the exception for single or inner packagings of 5 L or 5 kg or less is not limited to materials offered under the UN identification numbers UN 3077 and UN 3082, but would also apply to marine pollutants that meet the definition of other hazard classes (i.e. paints or n.o.s. entries that meet the definition of more than one hazard class). PHMSA is amending the exception in 171.4 for clarification. IVODGA, while providing general support for harmonization on this issue, notes the reporting requirements under the International Convention for the Prevention of Pollution from Ships (MARPOL) and the Environmental Protection Agency (EPA) Vessel's General Permit (VGP) Plan requirements and has some concern regarding the vessel operator's ability to identify these marine pollutants. Vessel owners or operators may be caught in a situation where they are transporting materials which may be excepted from various transport requirements, but still require reporting under domestic and international mandates. IVODGA states that some consideration of these reporting requirements should be addressed since these substances in small packages still represent a hazard if spilled from or on a vessel during operational phases especially when transported in container load quantities. PHMSA asserts that excepting up to 5 L for liquids and 5 kg for solids provides significant benefit to the shipper and aligns with requirements of other modes of transportation and international regulations. EPA's VGP Plan regulates discharges incidental to normal operations. Reporting requirements under the VGP Plan are for reportable quantities of substances as listed in Appendix A in 49 CFR 172.101, and does not cover marine pollutants. PHMSA data over the past 10 years contains just one record of a marine pollutant released on a vessel.\2\ Furthermore, that one incident involved a 55 gallon drum which would not be impacted by the proposed amendment. National Response Center (NRC) incident reporting since 2009 shows 415 initial reports to the NRC involving containership during that period. 78 of those reports involved leaking containers on deck, with 5 of the leaks reaching the water. Thirteen of those reports involved the loss of containers or pallets over the side. None of the incidents over the time period involved marine pollutants that would be excepted as a result of this final rule. --------------------------------------------------------------------------- \2\ Incident data can be accessed at https://hazmatonline.phmsa.dot.gov/IncidentReportsSearch/ . --------------------------------------------------------------------------- Modification of Marine Pollutant List in Appendix B to Sec. 172.101 In the NPRM, PHMSA proposed the addition of 62 new entries consistent with the IMDG Code and removing the entry ``Chlorotoluenes (meta-;para-)'' based on its removal from the IMDG Code. PHMSA received two comments from the ACC regarding our proposed addition of dodecene, to the list of marine pollutants. In its first comment, the ACC requests a 30 day extension of the comment period to better understand ``dodecene's place on other lists referenced in the proposed rule.'' ACC notes that it would use the time to coordinate with industry to better understand the information contained in the dodecene Regulation on Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) dossiers. PHMSA is denying the ACC's request for a 30 day extension of the comment period for this rulemaking as the revision to include dodecene in the Marine Pollutant List is consistent with our standard practice of aligning Appendix B with the indicative list of marine pollutants found in the IMDG Code. In its second comment, the ACC notes that the use of the name ``dodecene'' in both the IMDG Code and PHMSA's proposed rule makes it unclear exactly what substance is being regulated. When manufactured, dodecene may represent a number of Chemical Abstracts Service (CAS) numbers and different chemical properties. In other words, this single description of dodecene may not reflect what ACC panel members currently manufacture and ship. The ACC also notes that the REACH registration of a close analog of dodecene, 1-dodecene/dodec-1-ene, indicates that dodecene would not meet the criteria of a Marine Pollutant, as set forth in the PHMSA list, based on aquatic toxicity data. The REACH dossier indicates ``conclusive but not sufficient for classification'' on both acute and chronic environmental categories associated with this compound. The inclusion of all entries proposed for addition in the NPRM was thoroughly vetted by several sub- committees of the International Maritime Organization prior to adoption into amendment 37-14 of the IMDG Code. The Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) data assigns all dodecene isomers a B1 numerical rating of 4. This rating of 4 indicates acute aquatic toxicity, and thus merits inclusion of dodecene (all isomers) to the list of marine pollutants in Appendix B to Sec. 172.101. Adsorbed Gas HMT Entries In the NPRM, PHMSA proposed to revise the Hazardous Materials Table (HMT) in Sec. 172.101 to include seventeen new entries for adsorbed gases consistent with amendments adopted into the UN Model Regulations. We also proposed to add into the HMR a definition, authorized packagings, and safety requirements including quantity limitations and filling limits. PHMSA received three comments from COSTHA, DGAC, and Entegris noting that the entry for ``Arsine, adsorbed'' was not added to the HMT in the NPRM as intended. As a result, PHMSA is adding the entry ``UN3522, Arsine, adsorbed'' to the HMT. Entegris also provided comment suggesting that Sec. 173.302c cannot be referenced in the HMT as a packaging instruction for bulk shipments of adsorbed gases, as there is no internationally accepted standard or authorization for bulk receptacles containing such gases. PHMSA agrees with the Entegris comment that bulk packagings for adsorbed gases are not presently authorized. As a result, PHMSA is revising Column (8C) of the HMT for the Adsorbed gas entries to indicate ``None.'' In addition, Entegris and COSTHA requested that PHMSA incorporate provisions for the use of DOT specification cylinders to transport adsorbed gasses. PHMSA agrees with the commenters that appropriate provisions for the use of DOT cylinders should be considered. However this action was not proposed in the NPRM. Continued transportation of adsorbed gases is provided for under the provisions of Special Permit 14237 and PHMSA will consider inclusion of DOT specification cylinder authorizations under a future rulemaking. Lithium Battery Harmonization Proposals In the NPRM, PHMSA proposed harmonization with the latest version of the ICAO TI 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 [[Page 1079]] under the provisions of Sec. 173.185(c)(4)(v) which is equivalent to Section IB of ICAO TI Packing Instructions 965 and 968. PHMSA specifically requested input as to the costs and benefits of harmonizing the provisions of the HMR with the provisions of the ICAO TI by requiring shipping papers as opposed to alternative documentation. PHMSA received comments from UPS and Alaska Airlines concerning removal of the alternative document. UPS supported our proposed change to the documentation requirement for packages containing smaller lithium batteries transported in accordance with Sec. 173.185(c)(4)(v). UPS also commented that the proposal to introduce a shipping paper requirement for shipments offered under Sec. 173.185(c)(4)(v) could be interpreted to conflict with the statement in the preceding paragraph Sec. 173.185(c) in that such shipments are excepted from the requirements in subparts C through H of part 172. UPS suggests that Sec. 173.185(c) should be clarified in this regard. We agree clarification is warranted. Alaska Airlines commented that it would like to see increased harmonization between the HMR and the ICAO TI with regard to the documentation required while stating there is no reason to deviate from the ICAO TI. We agree, and note that the amendments proposed do provide for such consistency. Taking into account the comments from Alaska Airlines, PHMSA confirmed that the proposed amendments align with the requirements of the ICAO TI with regard to documentation. However, based on the comment from UPS, in this final rule PHMSA is revising Sec. 173.185(c)(4)(v) as suggested by UPS for clarity. This editorial amendment will clarify that packages offered in accordance with Sec. 173.185(c)(4)(v) are subject to the shipping paper requirements of subpart C of Part 172. In the NPRM, PHMSA proposed revision of Sec. 173.185(c)(1)(iii) to harmonize with the latest version of the ICAO TI by providing the option to use a ``CARGO AIRCRAFT ONLY'' label or the existing HMR marking requirement on packages containing small lithium metal batteries excluding those packed with or contained in equipment. PHMSA received comments from UPS and COSTHA in support of the proposal. UPS commented that the provision in this paragraph excepting lithium metal cells or batteries packed with or contained in equipment in quantities ``less than 5 kg net weight'' from the Sec. 173.185(c)(1)(iii) marking requirement differs slightly in wording from the current ICAO TI and previous requirements of the HMR. In this final rule, PHMSA is revising Sec. 173.185(c)(1)(iii) as proposed in the NPRM with an additional editorial revision to clarify that lithium metal cells or batteries packed with or contained in equipment in quantities ``not exceeding'' as opposed to ``less than'' 5 kg net weight are not subject to the marking or ``CARGO AIRCRAFT ONLY'' label requirement. This provides editorial consistency with the provisions of the ICAO TI. In the NPRM, PHMSA proposed to amend the lithium battery requirements by authorizing use of a large packaging for a single large lithium battery or batteries contained in equipment. PHMSA received one comment from COSTHA in support of this proposal. Definition of Non-Bulk Packaging To harmonize with the 18th Revised Edition of the UN Model Regulations, in the NPRM, PHMSA proposed to amend the definition of non-bulk packaging in Sec. 171.8 to include a bag or box having a capacity of greater than 450 liters (119 gallons) provided the net mass of the bag or box is 400 kg (882 pounds) or less. PHMSA received comments from Key Safety Systems, RIPA, TK Holdings Inc., and TRW Automotive in support of this proposal. However, RIPA conditioned their support on the presumption that the references to ``bag'' and ``box'' in the definition do limit users to all the conditions stipulated in subpart L of part 178. For example, the standard for each of the different bags provided in subpart L of part 178 imposes a maximum net mass limitation of 50 kg (110 pounds). PHMSA agrees that the text proposed in the revised definition of non-bulk packaging requiring the bag or box to conform to all applicable requirements for the specification packagings in subpart L of part 178 should be clarified and has revised the definition to include that the packaging may not exceed the maximum net mass limitation provided in subpart L of part 178. Vessel Stowage and Segregation Changes In the NPRM, PHMSA proposed 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 harmonize the HMR with the IMDG Code and provide additional guidance on the loading and stowage of various materials. Additionally, we proposed 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. PHMSA received a comment from IVODGA providing general support for this harmonization effort. V. Section-by-Section Review The following is a section-by-section review of the amendments adopted in this final rule: Part 171 Section 171.4 Section 171.4 prohibits the transportation of materials meeting the definition of a marine pollutant except in accordance with HMR requirements. Paragraph (c) provides that marine pollutants transported in non-bulk packagings are excepted from the HMR unless the transportation is by vessel. PHMSA is adding a new exception from the HMR for marine pollutants up to 5 L (1.3 gallons) for liquids or 5 kg (11 pounds) for solids when these materials are packaged in accordance with the general packaging requirements of Sec. Sec. 173.24 and 173.24a. This amendment, applicable to all modes, exempts small packages of hazardous material from the HMR that are regulated only because of the presence of one or more marine pollutants. Comments received on this issue are discussed in detail in the Section IV ``Comment Discussion'' portion of this final rule. As a result of comments from DGAC, PHMSA is amending the exception in 171.4 to indicate that the use of the exception for single or inner packagings of 5 L or 5 kg or less is not limited to materials offered under the UN identification numbers UN 3077 and UN 3082, but also applies to marine pollutants that meet the definition of other hazard classes (i.e. paints or N.O.S. entries that meet the definition of more than one hazard class). Section 171.7 Section 171.7 provides a listing of all standards incorporated by reference into the HMR. For this rulemaking, we 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 and determined that the revised standards provide an enhanced level of safety without imposing significant compliance burdens. These standards have a well-established and documented safety history and their adoption will maintain the high safety [[Page 1080]] standard currently achieved under the HMR. Therefore, we are adding and revising the incorporation by reference materials under the following organizations: Paragraph (s)(1) which incorporates the International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material 1996 edition is revised to incorporate the SSR-6 2012 Edition. The SSR-6 2012 Edition is replacing TS-R-1 (ST-1, Revised) 1996 Edition to address concerns over domestic and international differences in the transport conditions applicable to shipments of excepted fissile materials, PHMSA is adding additional requirements to Sec. 171.23 to ensure domestic concerns are addressed. Please see the discussion in the Section-by-Section Review under Sec. 171.23 for a summary of changes. Paragraph (t)(1) which incorporates the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air, 2013-2014 Edition is revised to incorporate the 2015-2016 Edition. Paragraph (v)(2), which incorporates the International Maritime Organization International Maritime Dangerous Goods Code, 2012 Edition, Incorporating Amendment 36-12, English Edition, Volumes 1 and 2, is revised to incorporate the 2014 Edition, Amendment 37-14. In paragraph (w) various International Organization for Standardization (ISO) entries which contain standards for the specifications, design, construction, testing and use of gas cylinders are incorporated by reference. ISO 9809-1:2010 (E), ISO 9809-2:2010 (E), ISO 9809-3:2010 (E), ISO 10297:1999 (E), ISO 11114-1:2012 (E), ISO 11117:1998(E), and ISO 11513:2011(E) are added. In paragraph (bb)(1), the Transport Canada, Transportation of Dangerous Goods Regulations, including Clear Language Amendments 1 through 7 sub-paragraphs (ix), (x), (xi), and (xii), are added to include Amendment 8 (SOR/2011-239) which was published on 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 December 5, 2012 respectively. In the preamble of our January 7, 2013 final rule (HM215-L [78 FR 987]) we indicated we were adopting Amendments 8, 9 and 10 of the Transportation of Dangerous Goods Regulations, however this adoption inadvertently did not appear in the published regulatory text. To correct this oversight, we are again including the adoption of Amendments 8, 9 and 10, along with the adoption of the most recent, Amendment 11. Paragraph (dd)(1), the United Nations Recommendations on the Transport of Dangerous Goods-- Model Regulations, 17th Revised Edition (2011), Volumes I and II, is revised to incorporate the 18th Revised Edition (2013), Volumes I and II. Paragraph (dd)(2), the United Nations Recommendations on the Transport of Dangerous Goods--Manual of Tests and Criteria, Fifth Revised Edition (2009), including Amendment 1 (2011), is revised to reference Sec. 171.24, and sub-paragraph (iii) is added to incorporate Amendment 2 (2013). Section 171.8 This section defines terms generally used throughout the HMR that have broad or multi-modal applicability. PHMSA is adding the following defined terms: Adsorbed gas: The adoption of this term directs the reader to Sec. 173.115 for the definition. See the Sec. 173.115 entry of the Section- by-Section Review for a complete discussion of the adoption of the definition of adsorbed gas. Bundle of cylinders: Consistent with the ICAO TI, PHMSA is amending this definition to clarify that a ``bundle of cylinders'' is not permitted for air transport. Large salvage packaging: Consistent with the UN Model Regulations, PHMSA is defining a large salvage packaging. A large salvage packaging is a special packaging into which damaged, defective or leaking hazardous materials packages, or hazardous materials that have spilled or leaked are placed for the purpose of transport for recovery or disposal. The general requirements for a large salvage packaging are consistent with the existing requirements for a ``large packaging.'' Large salvage packagings are not authorized for air transport. PHMSA received a comment from RIPA providing general support for the addition of this definition. Neutron radiation detector: Consistent with the UN Model Regulations, PHMSA is defining a neutron radiation detector. A neutron radiation detector is a device that detects neutron radiation. In such a device, a gas may be contained in a hermetically sealed electron tube transducer that converts neutron radiation into a measurable electric signal. Non-bulk packaging: Part 6 of the UN Model regulations was revised to remove the volumetric limit for certain packaging types that would be considered non-bulk packagings under the HMR. This 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) where the capacity of a box may exceed 450 liters (119 gallons) while the net mass of the box is less than 400 kg (882 pounds). Absent a corresponding amendment to the HMR, U.S. manufacturers and shippers would be placed at a competitive disadvantage by not being authorized to use the same packaging configurations other than as authorized for use by Part 171 Subpart C (use of international transport standards and regulations). Therefore, to maintain consistency with the UN Model Regulations, and to authorize the use of these packaging configurations for domestic transport, PHMSA is revising 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. Based on our review of the UN Model Regulations, these are the only packagings affected by the UN amendment, as only bags and boxes do not have specified volumetric limitations. PHMSA received comments from Key Safety Systems, RIPA, TK Holdings Inc., and TRW Automotive in support of this proposal. However, RIPA conditioned their support on the presumption that the references to ``bag'' and ``box'' in the definition do limit users to all the conditions stipulated in subpart L of part 178. For example, the standard for each of the different bags provided in subpart L of part 178 imposes a maximum net mass limitation of 50 kg (110 pounds). PHMSA believes that the text proposed in the revised definition of non-bulk packaging requiring the bag or box to conform to all applicable requirements for the specification packagings in subpart L or part 178 is clear in requiring the bags and boxes to completely conform to the specification, including the questioned maximum net mass limitation of 50 kg (110 pounds) for bags. Radiation Detection System: Consistent with the UN Model Regulations, PHMSA is defining a radiation detection system. A radiation detection system is an apparatus that contains radiation detectors as components. [[Page 1081]] Section 171.23 Section 171.23 prescribes requirements for specific materials and packagings transported under various international standards. Section 171.22(b)(2) requires shipments made in accordance with an authorized international standard or regulation to conform to all applicable requirements of Subpart C of Part 171 which includes any requirements found in Sec. 171.23. Paragraph (b)(2) of this section requires the shipping paper description of items such as air bag inflators, air bag modules, and seat-belt pretensioners to conform to the requirements in Sec. 173.166(c). Consistent with the UN Model Regulations, PHMSA is revising the proper shipping name of these items to read ``Safety device,'' with the addition of the term ``pyromechanical device'' being included as a ``Safety device.'' Paragraph (b)(2) is being revised to reference the new proper shipping name, ``Safety device'' and the new term ``pyromechanical device.'' As a consequence of the addition of the proper shipping name ``Safety devices, pyrotechnic,'' and special provision 161 being removed, paragraph (b)(2)(ii) is removed. PHMSA received one comment from DGAC concerning paragraph (b)(2)(i). Paragraph (b)(2)(i) states that an EX number or product code number must be included as part of the shipping description. DGAC notes that safety devices tested and certified as Class 9 in accordance with Sec. 173.166(b) do not require EX numbers and that the wording in this paragraph is confusing as it conveys that all safety devices require either an EX number or product code in association with the basic description on a shipping paper. We agree with DGAC that the EX number or product code shipping paper requirements when offering under international standards in accordance with Sec. 171.23(b) may be confusing when compared to the corresponding domestic requirements in Sec. 173.166(c) that only require the EX number or product code on a shipping paper for safety devices classed as Class 1, but excepts Class 9 safety devices from this requirement. Taking into account the comments from DGAC, in this final rule, PHMSA is removing Sec. 171.23(b)(2)(i) as the preceding paragraph (b)(2) requires that for each safety device, the shipping paper description must conform to the requirements in Sec. 173.166(c). By removing (b)(2)(i) and directing readers to the EX number and product code requirements prescribed in Sec. 173.166(c), any potential conflict between the two sections is removed. Paragraph (b)(11) of this section prescribes additional requirements for shipments of radioactive materials made under authorized international standards or regulations. PHMSA is incorporating by reference the 2012 IAEA SSR-6 regulations to replace the TS-R-1 (ST-1, Revised) 1996 Edition to allow shipments to be offered for transportation or transported under the most recent IAEA regulations. Several changes to the definition of excepted fissile materials and the requirements for its transport were adopted by the IAEA. Under their respective statutory authorities, DOT and the Nuclear Regulatory Commission (NRC) jointly regulate the transportation of radioactive materials to, from, and within the United States. The NRC has not initiated any rulemaking activities to address changes made by the IAEA regarding the transportation of excepted fissile materials. In order to maintain uniform treatment for shippers of excepted fissile materials, PHMSA is amending Sec. 171.23 to require that shipments of excepted fissile materials offered in accordance with the IAEA SSR-6 regulations must also conform to the requirements of Sec. 173.453. Section 171.24 Section 171.24 details additional requirements for the use of the ICAO TI. PHMSA is amending the
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