# Hazardous Materials: Harmonization With International Standards (RRR)

- **operation:** document
- **citation:** 82 FR 15796
- **title:** Hazardous Materials: Harmonization With International Standards (RRR)
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2017-03-30
- **effective on:** 2017-03-30
- **summary:** PHMSA is issuing a final rule to amend the Hazardous Materials Regulations (HMR) to maintain consistency with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations. Additionally, PHMSA is adopting several amendments to the HMR that result from coordination with Canada under the U.S.-Canada Regulatory Cooperation Council.
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Federal Register, Volume 82 Issue 60 (Thursday, March 30, 2017) [Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)] [Rules and Regulations] [Pages 15796-15897] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2017-04565] [[Page 15795]] Vol. 82 Thursday, No. 60 March 30, 2017 Part II Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 107, 171, 172, et al. Hazardous Materials: Harmonization With International Standards (RRR); Final Rule Federal Register / Vol. 82 , No. 60 / Thursday, March 30, 2017 / Rules and Regulations [[Page 15796]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, 172, 173, 175, 176, 178, and 180 [Docket No. PHMSA-2015-0273 (HM-215N)] RIN 2137-AF18 Hazardous Materials: Harmonization With International Standards (RRR) AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is issuing a final rule to amend the Hazardous Materials Regulations (HMR) to maintain consistency with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations. Additionally, PHMSA is adopting several amendments to the HMR that result from coordination with Canada under the U.S.-Canada Regulatory Cooperation Council. DATES: Effective date: This rule is effective March 30, 2017, except for instruction 22, which is effective January 2, 2019. Voluntary compliance date: January 1, 2017. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2018. 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 March 30, 2017. FOR FURTHER INFORMATION CONTACT: Steven Webb International Standards, (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: Table of Contents I. Executive Summary II. Background III. Incorporation by Reference Discussion Under 1 CFR Part 51 IV. Comment Discussion V. Section-by-Section Review VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866, Executive Order 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. Regulation Identifier Number (RIN) H. Unfunded Mandates Reform Act of 1995 I. Environmental Assessment J. Privacy Act K. Executive Order 13609 and International Trade Analysis L. National Technology Transfer and Advancement Act List of Subjects I. Executive Summary The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) to maintain consistency 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 HMR 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.) directs PHMSA to participate in relevant international standard-setting bodies and promotes consistency of the HMR with international transport standards to the extent practicable. Federal hazmat law permits PHMSA to depart from international standards where appropriate, including to promote safety or other overriding public interest. However, Federal hazmat law otherwise encourages domestic and international harmonization (see 49 U.S.C. 5120). Harmonization facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials. Safety is enhanced by creating a uniform framework for compliance, and as the volume of hazardous materials transported in international commerce continues to grow, harmonization becomes increasingly important. II. Background PHMSA published a notice of proposed rulemaking (NPRM) under Docket HM-215N [81 FR 61741 (Sept. 7, 2016)] to incorporate various amendments to harmonize the HMR with recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations (UN Model Regulations). When considering alignment of the HMR with international standards, 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 19th Revised Edition of the UN Model Regulations, Amendment 38-16 of the IMDG Code, and the 2017-2018 ICAO Technical Instructions, which become effective January 1, 2017. (Amendment 38-16 to the IMDG Code may be voluntarily applied on January 1, 2017; however, the previous amendment remains effective through December 31, 2017) Notable amendments to the HMR in this final rule include the following: Incorporation by Reference: PHMSA incorporates by reference the newest versions of various international hazardous materials standards, including the 2017-2018 Edition of the ICAO Technical Instructions; Amendment 38-16 of the IMDG Code; the 19th Revised Edition of the UN Model Regulations; the 6th Revised Edition of the UN Manual of Tests and Criteria; and the 6th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals. Additionally, we are updating our incorporation by reference of the Canadian Transportation of Dangerous Goods (TDG) Regulations to include SOR/2014-152 and SOR/2014- [[Page 15797]] 159 published July 2, 2014; SOR/2014-159 Erratum published July 16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306 Erratum published January 28, 2015; and SOR/2015-100 published May 20, 2015. Finally, in this final rule, PHMSA adopts various updated International Organization for Standardization (ISO) standards. Hazardous Materials Table (HMT): PHMSA amends the Sec. 172.101 Hazardous Materials Table (HMT) consistent with recent changes in the Dangerous Goods List of the 19th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. Specifically, we are making amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits. Provisions for Polymerizing Substances: PHMSA includes in the HMT four new Division 4.1 entries for polymerizing substances and adds into the HMR defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls. These provisions will be in effect until January 2, 2019. During the interim time period, PHMSA intends to review and research the implications of the polymerizing substance amendments during this two-year timeframe, and readdress the issue in the next international harmonization rulemaking. Modification of the Marine Pollutant List: PHMSA modifies the list of marine pollutants in appendix B to Sec. 172.101. The HMR maintain this 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 this list based on changes to the IMDG Code and evaluation of listed materials. Packaging Requirements for Water-Reactive Materials Transported by Vessel: PHMSA amends packaging requirements for vessel transportation of water-reactive substances consistent with requirements in the IMDG Code. The amendments include changes to the packaging requirements to require certain commodities to have hermetically sealed packaging and to require other commodities--when packed in flexible, fiberboard, or wooden packagings--to have sift- proof and water-resistant packaging or packaging fitted with a sift- proof and water-resistant liner. Hazard Communication Requirements for Lithium Batteries: PHMSA revises hazard communication requirements for shipments of lithium batteries consistent with changes adopted in the 19th Revised Edition of the UN Model Regulations. Specifically, PHMSA adopts a new lithium battery label in place of the existing Class 9 label; amends the existing marking requirements for small lithium battery shipments in Sec. 173.185(c) to incorporate a new standard lithium battery mark for use across all modes; \1\ removes the documentation requirement in Sec. 173.185(c) for shipments of small lithium cells and batteries; and requires the lithium battery mark be applied to each package containing small lithium cells or batteries contained in equipment when there are more than four lithium cells or two lithium batteries installed in the equipment or where there are more than two packages in the consignment. --------------------------------------------------------------------------- \1\ Small cells and batteries for the purposes of this rulemaking are a lithium metal cell containing not more than 1 gram of lithium metal, a lithium metal battery containing not more than 2 grams of lithium metal, a lithium ion cell not more than 20 Watt- hours (Wh), and a lithium ion battery not more than 100 Wh (49 CFR 173.185(c) and Section II of Packing Instructions 965 and 968 in the ICAO Technical Instructions). --------------------------------------------------------------------------- Engine, Internal Combustion/Machinery, Internal Combustion: PHMSA harmonizes the HMT proper shipping names utilized for the transportation of engines and machinery containing engines with those in the UN Model Regulations. Additionally, PHMSA harmonizes with the IMDG Code for domestic vessel shipments of engines, internal combustion, and machinery containing combustion engines. Existing requirements and exceptions for the transportation of engines and machinery containing engines transported by road, rail, and aircraft remain unchanged. However, PHMSA is harmonizing the transportation requirements for transportation by vessel, which includes varying degrees of hazard communication based on the type of fuel, amount of fuel, and capacity of the fuel tank. U.S.-Canada Regulatory Cooperation Council (RCC) Amendments: PHMSA makes amendments to the HMR resulting from coordination with Canada under the U.S.-Canada RCC. Specifically, we are adopting provisions for recognition of Transport Canada (TC) cylinders, equivalency certificates (permit for equivalent level of safety), and inspection and repair of cargo tanks. In a parallel effort, Transport Canada is adopting similar regulatory changes that will provide reciprocal recognition of DOT cylinders and DOT special permits. III. Incorporation by Reference Discussion Under 1 CFR Part 51 The UN Recommendations on the Transport of Dangerous Goods--Model Regulations, Manual of Tests and Criteria, and Globally Harmonized System of Classification and Labelling of Chemicals, as well as all of the Transport Canada Clear Language Amendments, are free and easily accessible to the public on the internet, with access provided through the parent organization Web sites. The ICAO Technical Instructions, IMDG Code, and all ISO references are available for interested parties to purchase in either print or electronic versions through the parent organization Web sites. The price charged for those not freely available references helps to cover the cost of developing, maintaining, hosting, and accessing these standards. The specific standards are discussed at length in the ``Section-by-Section Review'' for Sec. 171.7. PHMSA received a comment from the Commercial Vehicle Safety Alliance (CVSA) recommending that access (including electronic and print media) to materials, such as technical standards developed by non-governmental organizations and incorporated by reference into regulation, be required at no additional charge for enforcement and government purposes. As noted, many of the standards incorporated by reference in this final rule are available for free through their parent organizations. However, some standards that are essential to ensure shippers offer hazardous materials in accordance with international standards are simply not available for free public access, and PHMSA is unable to provide unrestricted access to these materials. Members of the public may access hard copies of standards incorporated by reference at PHMSA's Hazardous Materials Information Center (HMIC) at DOT Headquarters in Washington, DC. Members of the public may make arrangements to visit the HMIC by visiting HMIC's Web site at http://www.phmsa.dot.gov/hazmat/standardsrulemaking/hmic or by telephone at (800) 467-4922. PHMSA staff will work directly with any person requesting access to these standards. [[Page 15798]] IV. Comment Discussion In response to the September 7, 2016 NPRM [81 FR 61741], PHMSA received comments from the following organizations and individuals: Christopher Adams Alaska Airlines American Coatings Association (ACA) Anonymous Arkema Inc. Basic Acrylic Monomer Manufacturers, Inc. (BAMM) and the Methacrylate Producers Association, Inc. (MPA) Sean Bevan Commercial Vehicle Safety Alliance (CVSA) Council on Safe Transportation of Hazardous Articles (COSTHA) CTC Certified Training Co. Dangerous Goods Advisory Council (DGAC) Deltech Corporation Department of Defense (DOD) Dow Chemical (Dow) FIBA Technologies, Inc. Greg Hudspeth The Institute of Makers of Explosives (IME) International Vessel Operators Dangerous Goods Association (IVODGA) Brent Knoblett Labelmaster Services National Tank Truck Carriers (NTTC) The Rechargeable Battery Association (PRBA) Wesley Scott Specialty Trailer Leasing Inc. United Parcel Service (UPS) U.S. Amines Western International Gas Cylinders Worthington Industries Notably, Dow requested an additional two-year delayed compliance period for any polymerizing substance amendments made in this final rule. Dow contends that appropriate test methods must be determined, materials must be tested, and if the material is determined to be regulated, appropriate packaging must be selected. PHMSA is sympathetic to the concerns raised by Dow, but in order to ensure the safe and efficient transportation of these commodities, PHMSA will maintain the general one-year transition period for these changes. Additional comments specific to the respective HMR sections are addressed in the ``Section-by-Section Review'' of this document.\2\ --------------------------------------------------------------------------- \2\ Comments which were outside the scope of this rulemaking are not addressed in this final rule. --------------------------------------------------------------------------- PHMSA concluded that comments made by Specialty Trailer Leasing, Inc., Mr. Greg Hudspeth, the American Coating Association, and portions of comments made by Worthington Industries are outside the scope of this rulemaking. Therefore, PHMSA did not address these comments in this rulemaking. Polymerizing Substances In the NPRM, PHMSA proposed incorporating into the HMT four new Division 4.1 entries for polymerizing substances and adding into the HMR defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls for these new entries and existing entries requiring stabilization. PHMSA received comments from Arkema Inc., BAMM & MPA, Deltech Corporation, DGAC, Dow Chemical, and U.S. Amines concerning our proposed amendments. These comments addressed: Materials assigned SP 387 requiring stabilization; testing methods for determining self- accelerating polymerization temperature (SAPT); questions concerning testing requirements for materials already identified in the HMT as materials requiring stabilization; exclusion from classification as polymerizing substances of materials meeting the definition of another hazard class (including combustible liquids); and the SAPT temperature threshold before temperature control is required for portable tanks transporting polymerizing substances. U.S. Amines requested that PHMSA reconsider assigning special provision 387 to Dipropylamine (UN2383). U.S. Amines asserts this material does not pose a polymerization risk and provides safety data sheets and other associated technical data to substantiate their claim. Based on a review of the material in question, PHMSA agrees and is not assigning either special provision 387 or stowage code 25 to this material. PHMSA received comments from Arkema Inc., BAMM & MPA, DGAC, and Deltech raising concerns over PHMSA's proposal to require polymerizing substances intended to be transported in portable tanks or IBC's to undergo the Test Series E heating under confinement testing from the UN Manual of Tests and Criteria. The commenters state that when polymerizing substances react in the test apparatus they often clog the test apparatus orifice. They further state this testing leads to unreliable, overly conservative results suggesting the material poses a greater hazard from heating under confinement that it actually does. Additionally, the commenter requested PHMSA align with the international approach for testing these substances, which only requires testing the substances under Test Series H to determine the substances' SAPT. While testing in accordance with UN Series E does present difficulties, this testing has been performed in the past in support of approval applications for various polymerizing substances. Additionally, while a clogged orifice within the Series E tests could be overly conservative, it is important to note that similar situations may occur during transport. For instance, a polymerizing substance which clogs the orifice during testing could potentially clog the pressure relief device on a portable tank. In such an incident, the testing would provide similar results on what could be expected within a transportation situation. Test Series E and H do not measure and/or predict the same phenomena. PHMSA notes Test Series E (or an equivalent performance measure) provides information on how the material behaves when heated under confinement. Test Series H provides information on the SAPT, and thus the potential need for temperature controls. These two tests are synergistic, and not mutually exclusive. For these reasons, PHMSA is maintaining the testing requirements for polymerizing substances as proposed in the NPRM. PHMSA received questions from Arkema Inc., BAMM & MPA, and Dow about exclusions from classification as polymerizing substances for combustible liquids and Class 9 substances. These same commenters also ask about testing requirements for materials currently identified in the HMT that may also polymerize. Arkema Inc., BAMM & MPA, and DOW request clarification that as proposed in the NPRM materials meeting the definition of a combustible liquid and a polymerizing substance would not need to be offered as a polymerizing substance. Arkema Inc. and BAMM & MPA similarly ask if substances meeting the definitions of Class 9 and polymerizing substances need to be offered as a polymerizing substance. The definition of polymerizing substance adopted by the UN Model Regulations excludes substances that meet the criteria for inclusion in Classes 1-8. In the NPRM we proposed to exclude all materials that meet the definition of any other hazard class. To further harmonize the HMR definition of polymerizing substances with that found in the Model Regulations, PHMSA is amending Sec. 173.124(a)(4)(iii) to exclude substances that meet the criteria for inclusion in Classes 1-8, including combustible liquids. It is our belief that polymerizing substances that also meet the definition of Class 9 would be limited to environmentally hazardous substances. Much like the UN we believe that the polymerizing [[Page 15799]] properties of these materials should take precedence in the identification of these materials, and that the applicable additional description elements (i.e. marine pollutant or ``RQ'' for hazardous substance) should be appropriately identified by shippers. Substances that meet the defining criteria for combustible liquids and polymerizing substances are only required to be offered for transportation as a combustible liquid. PHMSA received comments from BAMM & MPA, Deltech Corporation, and DGAC concerning our proposal to maintain a minimum SAPT temperature of 50 [deg]C for portable tanks versus the internationally adopted 45 [deg]C. The commenters cite PHMSA's decision not to harmonize the transport provisions applicable to self-reactive materials and organic peroxides and potential non-compliance concerns for imported materials that were evaluated and offered for transport at different temperatures than the proposal would require in the HMR. PHMSA has, and does still maintain that 50 [deg]C is the maximum temperature reasonable expected to be experienced by any self-reactive, organic peroxide, and/or polymerizing substance. Additionally, we note that this 50 [deg]C (122 [deg]F) temperature is consistent with existing requirements for Division 4.1 (Self-reactive) and Division 5.2 (Organic peroxide) hazardous materials. PHMSA received comments the proposed inclusion of HMT entries, classification criteria, and transport provisions for polymerizing substances. In light of the commenter's concerns, PHMSA is including ``sunset'' provisions for all amendments concerning polymerizing substances. In each regulatory citation adding or amending requirements for polymerizing substances we are including regulatory text that will sunset the provision after a two-year period from the effective date of this rule. PHMSA intends to review and research the implications of the polymerizing substance amendments during this two-year timeframe, and readdress the issue in the next international harmonization rulemaking. During the next international harmonization rulemaking, we will specifically solicit comments from the public on their experiences utilizing these provisions. If PHMSA does not take subsequent action to amend these provisions, the HMR would revert to the requirements in effect before the issuance of this final rule. V. Section-by-Section Review The following is a section-by-section review of the amendments adopted in this final rule: Part 107 Section 107.502 Section 107.502 provides general requirements for the registration of cargo tanks and cargo tank motor vehicle manufacturers, assemblers, repairers, inspectors, testers, and design certifying engineers. PHMSA is revising paragraph (b) to provide an exception from the registration requirements for certain persons engaged in the repair, as defined in Sec. 180.403, of DOT specification cargo tanks by facilities in Canada in accordance with the requirements of Sec. 180.413(a)(1)(iii) in this final rule. Persons engaged in the repair of cargo tanks in Canada are required to register in accordance with the Transport Canada TDG Regulations, as the Canadian registration requirements are substantially equivalent to those in part 107, subpart F of the HMR. The registration information is available on Transport Canada's Web site at http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/highway/tanks.aspx . The Transport Canada TDG Regulations except persons repairing TC specification cargo tanks at facilities in the United States from registering in Canada if they are registered in accordance with part 107, subpart F. Therefore, PHMSA believes that requiring the registration of Canadian cargo tank repair facilities authorized by Sec. 180.413(a)(1)(iii) is unnecessarily duplicative and that excepting them from registering in accordance with part 107 subpart F augments reciprocity without negatively impacting safety. See the Sec. 180.413 entry in the ``Section-by-Section Review'' of this document for additional background and discussion of this change. Section 107.801 Section 107.801 prescribes approval procedures for persons seeking to engage in a variety of activities regulated by PHMSA (i.e., independent inspection agencies, cylinder requalification). PHMSA is amending paragraph (a)(2) to include provisions for persons seeking approval to engage in the requalification, rebuilding, or repair of a cylinder manufactured in accordance with a Transport Canada (TC), Canadian Transportation Commission (CTC), Board of Transport Commissioners for Canada (BTC), or Canadian Railway Commission (CRC) specification under the Transport Canada TDG Regulations. Persons engaged in the requalification, rebuilding, or repair of TC, CTC, BTC, or CRC specification cylinders in the U.S. are required to register with DOT in accordance with this subpart. PHMSA will issue a new approval or revise an existing one to reflect the applicant's intent to requalify TC cylinders. See the Sec. 107.805 entry in the ``Section- by-Section Review'' of this document for discussion of this change, as well as for additional requirements and exceptions. Section 107.805 Section 107.805 prescribes the requirements cylinder and pressure receptacle requalifiers must meet in order to be approved by PHMSA. PHMSA is amending paragraph (a) to authorize prospective requalifiers to obtain approval by PHMSA to inspect, test, certify, repair, or rebuild TC specification cylinders; amending paragraph (c)(2) to ensure the types of TC cylinders intended to be inspected, tested, repaired, or rebuilt at the facility are included in the application for approval to PHMSA; and amending paragraph (d) to include various TC cylinders to the list of cylinders requiring issuance of a RIN to requalifiers. PHMSA is also amending paragraph (f) to recognize facilities authorized by Transport Canada to requalify comparable DOT specification cylinders, as well as DOT RIN holders to requalify comparable Transport Canada cylinders subject to modification of their existing approval. PHMSA recognizes that Transport Canada's approval and registration requirements are substantially equivalent to the requirements in 49 CFR part 107, subpart I, and provide an equivalent level of safety. In addition, traceability is maintained based on Transport Canada's publicly available Web site at http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/cylinder/requalifier.aspx , which allows tracing of a DOT specification cylinder marked with the registered mark of a Transport Canada assigned requalifier back to the appropriate requalification facility.\3\ --------------------------------------------------------------------------- \3\ The search function on Transport Canada's Web site allows users to search for the registered mark of requalifiers. Searching by the registered mark found on a cylinder will allow interested parties to verify that the cylinder was requalified by a facility certified by Transport Canada. --------------------------------------------------------------------------- The addition of paragraph (f)(2) allows persons who are already registered with PHMSA to perform requalification functions on DOT specification cylinders to register to requalify corresponding TC cylinder [[Page 15800]] specifications without additional review by an independent inspection agency. Table 1 of the Sec. 171.12 entry in the ``Section-by-Section Review'' identifies specifications considered to be equivalent. Applicants will be required to submit all of the information prescribed in Sec. 107.705(a) that identifies the TC, CTC, CRC, or BTC specification cylinder(s) or tube(s) to be inspected; certifies the requalifier will operate in compliance with the applicable TDG Regulations; and certifies the persons performing requalification have been trained in the functions applicable to the requalifier activities. The addition of paragraph (f)(3) allows persons who are already registered with Transport Canada to requalify corresponding DOT specification cylinders without additional application to PHMSA for approval. This exception will provide cylinder owners with additional access to repair and requalification facilities in Canada, while also broadening reciprocity with Canada. Part 171 Section 171.2 Section 171.2 prescribes general requirements for each person performing functions covered by this subchapter. PHMSA is amending paragraph (h)(1) by adding the letters ``TC,'' ``CRC,'' and ``BTC'' to the list of specification indications that may not be misrepresented according to Sec. 171.2(g). This is necessary as a result of amendments in Sec. 171.12 authorizing the use of various Transport Canada approved specification cylinders under certain conditions. Section 171.7 Section 171.7 provides a listing of all voluntary consensus standards incorporated by reference into the HMR, as directed by the National Technology Transfer and Advancement Act of 1996. According to the Office of Management and Budget (OMB), Circular A-119, ``Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,'' government agencies must use voluntary consensus standards wherever practical in the development of regulations. Agency adoption of industry standards promotes productivity and efficiency in government and industry, expands opportunities for international trade, conserves resources, improves health and safety, and protects the environment. PHMSA actively participates in the development and updating of consensus standards through representation on more than 20 consensus standard bodies and regularly reviews updated consensus standards and considers their merit for inclusion in 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 well- established and documented safety histories, and their adoption will maintain the high safety standard currently achieved under the HMR. Therefore, in this final rule, PHMSA is adding and revising the following incorporation by reference materials: Paragraph (t)(1), which incorporates the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air, 2015-2016 Edition, is revised to incorporate the 2017-2018 Edition. The International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air contain detailed instructions necessary for the safe international transport of dangerous goods by air. The ICAO Technical Instructions support the broad principles by establishing requirements necessary to ensure hazardous materials are safely transported in aircraft while providing a level of safety that protects the aircraft and its occupants from undue risk. Paragraph (v)(2), which incorporates the International Maritime Organization International Maritime Dangerous Goods Code, 2014 Edition, Incorporating Amendment 37-14, English Edition, Volumes 1 and 2, is revised to incorporate the 2016 Edition, Amendment 38-16. The IMDG Code is intended to provide for the safe transportation of hazardous materials by vessel, protect crew members, and prevent marine pollution. The IMDG Code is based on the UN Model Regulations, but also includes additional requirements applicable to the transport of hazardous materials by sea (e.g., requirements for marine pollutants; freight container loading procedures; stowage and segregation; and other requirements applicable to shipboard safety and preservation of the marine environment) that are not covered by the UN Model Regulations. Paragraph (w), which incorporates various International Organization for Standardization entries, is revised to incorporate by reference standards for the specification, design, construction, testing, and use of gas cylinders: --ISO 3807:2013 Gas cylinders--Acetylene cylinders--Basic requirements and type testing is incorporated in paragraph (w)(16). ISO 3807:2013 specifies the basic and type testing requirements for acetylene cylinders with and without fusible plugs with a maximum nominal water capacity of 150 L (39.62 gallons) and requirements regarding production/batch test procedures for manufacturing of acetylene cylinders with porous material. --ISO 7866:2012 Gas cylinders--Refillable seamless aluminium alloy gas cylinders--Design, construction and testing; and ISO 7866:2012/Cor 1:2014 Gas cylinders--Refillable seamless aluminium alloy gas cylinders--Design, construction and testing, Technical Corrigendum 1 is incorporated in paragraphs (w)(27) and (28). ISO 7866:2012 specifies minimum requirements for the material, design, construction and workmanship, manufacturing processes and tests at time of manufacture of refillable seamless aluminium alloy gas cylinders of water capacities up to and including 150 L (39.62 gallons) for compressed, liquefied, and dissolved gases for worldwide use. PHMSA received a comment from Western International Gas Cylinders requesting that the previous edition of this standard be referenced with an applicability date. PHMSA notes that the previous edition of this standard was included in the NPRM, but we have amended the language to more clearly indicate that construction to the old standard is authorized until December 31, 2020. --ISO 9809-4:2014 Gas cylinders--Refillable seamless steel gas cylinders--Design, construction and testing--Part 4: Stainless steel cylinders with an Rm value of less than 1 100 MPa is incorporated in paragraph (w)(36). ISO 9809-4:2014 specifies the minimum requirements for the material, design, construction and workmanship, manufacturing processes, examinations, and tests at manufacture of refillable seamless stainless steel gas cylinders of water capacities from 0.5 L (.13 gallons) up to and including 150 L (39.62 gallons) for compressed, liquefied, and dissolved gases. --ISO 10297:2014 Gas cylinders--Cylinder valves--Specification and type testing is incorporated in [[Page 15801]] paragraph (w)(42). ISO 10297:2014 specifies design, type testing, and marking requirements for: (a) Cylinder valves intended to be fitted to refillable transportable gas cylinders; (b) main valves (excluding ball valves) for cylinder bundles; and (c) cylinder valves or main valves with integrated pressure regulator (VIPR); which convey compressed, liquefied, or dissolved gases. --ISO 10462:2013 Gas cylinders--Transportable cylinders for dissolved acetylene--Periodic inspection and maintenance is incorporated in paragraph (w)(44). ISO 10462:2013 specifies requirements for the periodic inspection of acetylene cylinders as required for the transport of dangerous goods and for maintenance in connection with periodic inspection. It applies to acetylene cylinders with and without solvent and with a maximum nominal water capacity of 150 L (39.62 gallons). --ISO 11114-2:2013 Gas cylinders--Compatibility of cylinder and valve materials with gas contents--Part 2: Non-metallic materials is incorporated in paragraph (w)(48). ISO 11114-2:2013 gives guidance in the selection and evaluation of compatibility between non-metallic materials for gas cylinders and valves and the gas contents. It also covers bundles, tubes, and pressure drums. --ISO 11119-1:2012 Gas cylinders--Refillable composite gas cylinders and tubes--Design, construction and testing--Part 1: Hoop wrapped fibre reinforced composite gas cylinders and tubes up to 450 l; ISO 11119- 2:2012 Gas cylinders--Refillable composite gas cylinders and tubes-- Design, construction and testing--Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with load- sharing metal liners; ISO 11119-2:2012/Amd 1:2014 Gas cylinders-- Refillable composite gas cylinders and tubes--Design, construction and testing--Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with load-sharing metal liners; and ISO 11119- 3:2013 Gas cylinders--Refillable composite gas cylinders and tubes-- Design, construction and testing--Part 3: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with non-load- sharing metallic or non-metallic liners are incorporated in paragraphs (w)(54), (56), (57), and (59), respectively. ISO 11119-1:2012, ISO 11119-2:2012, and ISO 11119-3:2013 specify requirements for composite gas cylinders and tubes between 0.5 L (39.62 gallons) and 450 L (119 gallons) water capacity, for the storage and conveyance of compressed or liquefied gases. Paragraph (bb)(1), which incorporates the Transport Canada Transportation of Dangerous Goods Regulations, adds paragraphs (bb)(1)(xiii), (xiv), (xv), (xvi), (xvii), (xviii), and (xix) to include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014- 159 Erratum published July 16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306 Erratum published January 28, 2015; and SOR/2015-100 published May 20, 2015, respectively. The Transport Canada Transportation of Dangerous Goods Regulations incorporated in this final rule are updates to the existing Transportation of Dangerous Goods Regulations and cover all updates made by Transport Canada between January 2014 and May 2015. PHMSA received a comment from COSTHA requesting we also incorporate by reference TDG Regulations, SOR/2016-95 published on June 1, 2016. However, as this standard was not proposed for incorporation in the NPRM, we are unable to adopt it in this final rule. Paragraph (dd)(1), which incorporates the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations, 18th Revised Edition (2013), Volumes I and II, is revised to incorporate the 19th Revised
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