{"operation":"document","citation":"83 FR 60970","title":"Hazardous Materials: Harmonization With International Standards","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2018-11-27","effective_on":null,"summary":"The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (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. 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 proposes several amendments to the HMR that would allow for increased alignment with the Transport Canada, Transportation of Dangerous Goods (TDG) Regulations.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2018-24620.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2018-24620.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2018-24620","source_url":"https://www.federalregister.gov/documents/2018/11/27/2018-24620/hazardous-materials-harmonization-with-international-standards","body":"Federal Register, Volume 83 Issue 228 (Tuesday, November 27, 2018) [Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)] [Proposed Rules] [Pages 60970-61070] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2018-24620] [[Page 60969]] Vol. 83 Tuesday, No. 228 November 27, 2018 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; Proposed Rule Federal Register / Vol. 83 , No. 228 / Tuesday, November 27, 2018 / Proposed Rules [[Page 60970]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176, 178 and 180 [Docket No. PHMSA-2017-0108 (HM-215O)] RIN 2137-AF32 Hazardous Materials: Harmonization With International Standards AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (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. 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 proposes several amendments to the HMR that would allow for increased alignment with the Transport Canada, Transportation of Dangerous Goods (TDG) Regulations. DATES: Comments must be received by January 28, 2019. ADDRESSES: You may submit comments by any of the following methods: Federal Rulemaking Portal: http://www.regulations.gov . Follow the online instructions for submitting comments. Fax: 1-202-493-2251. Mail: Docket Management System; U.S. Department of Transportation, Docket Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Hand Delivery: U.S. Department of Transportation, Docket 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-2017- 0108 (HM-215O)] or RIN 2137-AF32 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, International Program or Aaron Wiener, International Program, telephone (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary II. Background III. Incorporation by Reference Discussion Under 1 CFR part 51 IV. Harmonization Proposals in This NPRM V. Amendments Not Being Considered for Adoption in This NPRM VI. Section-by-Section Review VII. 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 13771 D. Executive Order 13132 E. Executive Order 13175 F. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies and Procedures G. Paperwork Reduction Act H. Regulation Identifier Number (RIN) I. Unfunded Mandates Reform Act of 1995 J. Environment Assessment K. Privacy Act L. Executive Order 13609 and International Trade Analysis M. National Technology Transfer and Advancement Act List of Subjects I. Executive Summary The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) 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 HMR with international regulations and standards. In this NPRM, PHMSA proposes to amend the HMR to maintain alignment with various international standards. The following are some of the more noteworthy proposals set forth in this NPRM: Incorporation by Reference: PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials (hazmat) standards, including: The 2019-2020 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions); Amendment 39-18 to the International Maritime Dangerous Goods Code (IMDG Code); the 20th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations); Amendment 1 to the 6th Revised Edition of the UN Manual of Tests and Criteria; and the 7th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Additionally, we propose to update our incorporation by reference of the Transport Canada TDG Regulations to include: SOR/2016-95 published June 1, 2016; SOR/2017-137 published July 12, 2017; and SOR/2017-253 published December 13, 2017. Finally, in this NPRM, PHMSA proposes the adoption of updated International Organization for Standardization (ISO) standards. Hazardous Materials Table: PHMSA proposes amendments to the Hazardous Materials Table (HMT; Sec. 172.101) consistent with recent changes in the Dangerous Goods List of the 20th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. Specifically, we propose amendments to the HMT to add, revise, or remove certain proper shipping names, hazard [[Page 60971]] classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits. Articles containing dangerous goods: PHMSA proposes to add a classification system for articles containing hazardous materials that do not already have a proper shipping name. This proposal would address situations in which hazardous materials or hazardous materials residues are present in articles, and authorize a safe method to transport articles that may be too large to fit into typical packages. Absent these provisions to package and transport these materials safely, these articles may be offered for transport under provisions that do not adequately account for the physical and chemical properties of the substances and may require the issuance of an approval by PHMSA's Associate Administrator for Hazardous Materials Safety. Lithium Battery Test Summary: PHMSA proposes the inclusion of a lithium battery test summary requirement. The HMR require lithium battery manufacturers to subject their batteries to appropriate UN design tests to ensure they are classified correctly for transport, and develop records of successful test completion. The proposed test summary would include a standardized set of elements that provide traceability and accountability, thereby ensuring that lithium cell and battery designs offered for transport meet the appropriate UN tests. Baggage Equipped with Lithium Batteries: PHMSA proposes to amend the aircraft passenger provisions for carriage of baggage equipped with lithium batteries intended to power features such as location tracking, battery charging, digital weighing, or motors (sometimes referred to as ``smart luggage''). Specifically, baggage equipped with a lithium battery or batteries would be required to be carried in the cabin of the aircraft unless the battery or batteries are removed. Segregation of Lithium Batteries from Specific Hazardous Materials: PHMSA proposes requirements to segregate lithium cells and batteries from certain other hazardous materials, notably flammable liquids, when offered for transport or transported on aircraft. PHMSA is taking this action to promote consistency with the ICAO Technical Instructions and a recommendation (A-16-001) from the National Transportation Safety Board (NTSB) stemming from the investigation of the July 28, 2011, in-flight fire and crash of Asiana Airlines Flight 991 incident that resulted in the loss of the aircraft and crew. The investigation report cited as a contributing factor the flammable materials and lithium ion batteries that were loaded together either in the same or adjacent pallets. Alternative criteria for classification of corrosive materials: PHMSA proposes to include non-testing alternatives for classifying corrosive mixtures that uses existing data on their chemical properties. Currently the HMR require offerors to classify Class 8 corrosive material and assign a packing group based on test data. The HMR authorize a skin corrosion test and various in vitro test methods that do not involve animal testing. However, data obtained from testing is currently the only data acceptable for classification and assigning a packing group. These alternatives would afford offerors the ability to make a classification and packing group assignment without the need to conduct physical tests. Provisions for Polymerizing Substances: PHMSA is proposing to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019 to January 2, 2021. This additional time will allow PHMSA to finalize research and analyze comments and data concerning the issue submitted to the docket for this NPRM. This information will allow us to have a more comprehensive understanding of polymerizing substances and further consider the most appropriate transport provisions for these materials. If adopted in a final rule, the amendments proposed in this NPRM will result in minimal burdens on the regulated community. The benefits achieved from their adoption 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. PHMSA anticipates that most of the amendments in this NPRM will result in cost savings and will ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America. PHMSA solicits comment from the regulated community on these amendments and others proposed in this NPRM pertaining to: Need, benefits, and costs of international harmonization; impact on safety; and any other relevant concerns. In addition, PHMSA solicits comment regarding approaches to reducing the costs of this rule while maintaining or increasing the benefits. In its preliminary analysis, PHMSA concluded that the aggregate benefits of the amendments proposed in this NPRM justify their aggregate costs. Nonetheless, PHMSA solicits comment on specific changes (i.e., greater flexibility with regard to a particular amendment) that might improve the rule. II. Background Federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials law (49 U.S.C. 5101 et seq.) directs PHMSA to participate in relevant international standard-setting bodies and requires alignment of the HMR with international transport standards to the extent practicable. Although Federal hazmat law permits PHMSA to depart from international standards to promote safety or other overriding public interest, it otherwise encourages domestic and international harmonization (see 49 U.S.C. 5120). In a final rule published December 21, 1990 (Docket HM-181; 55 FR 52402), PHMSA's predecessor--the Research and Special Programs Administration (RSPA)--comprehensively revised the HMR for international harmonization with the UN Model Regulations. The UN Model Regulations constitute a set of recommendations issued by the United Nations Sub-Committee of Experts (UNSCOE) on the Transport of Dangerous Goods and the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The UN Model Regulations are amended and updated biennially by the UNSCOE and serve as the basis for national, regional, and international modal regulations, including the IMDG Code and the ICAO Technical Instructions. Since publication of the 1990 rule, PHMSA has issued 12 subsequent international harmonization rulemakings.\\1\\ These rulemakings were based on biennial updates of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. --------------------------------------------------------------------------- \\1\\ 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]; HM-215L [78 FR 987]; HM-215M [80 FR 1075]; and HM-215N [82 FR 15796]. --------------------------------------------------------------------------- Harmonization becomes increasingly important as the volume of hazardous materials transported in international commerce grows. Harmonization not only facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for [[Page 60972]] transportation of hazardous materials, but it also enhances safety when the international standards provide an appropriate level of protection. PHMSA actively participates in the development of international standards for the transportation of hazardous materials and promotes the adoption of standards consistent with the HMR. When considering alignment of the HMR with international standards, PHMSA reviews and evaluates each amendment on its own merit, its overall impact on transportation safety, and the economic implications associated with its adoption. Our goal is to harmonize with international standards without diminishing the level of safety currently provided by the HMR or imposing undue burdens on the regulated community. Based on recent review and evaluation, PHMSA proposes to revise the HMR to incorporate changes from the 20th Revised Edition of the UN Model Regulations, Amendment 39-18 to the IMDG Code,\\2\\ and the 2019- 2020 Edition of the ICAO Technical Instructions, all of which become effective January 1, 2019. --------------------------------------------------------------------------- \\2\\ Amendment 39-18 to the IMDG Code may be voluntarily applied on January 1, 2019; however, the previous amendment remains effective through December 31, 2019. --------------------------------------------------------------------------- In addition, PHMSA proposes to incorporate by reference the newest editions of various international standards. The standards incorporated by reference are authorized for use, under specific circumstances, in part 171 subpart C 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, 2019. PHMSA published a final rule under Docket HM-215N [82 FR 15796 (March 30, 2017)] that, among other things, added four new Division 4.1 entries for polymerizing substances to the HMT, and added into the HMR defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls. In this prior rulemaking, PHMSA indicated that these changes would be in effect until January 2, 2019. During the interim time period between publication of the final rule and January 2, 2019, PHMSA indicated it would review and research the implications of the polymerizing substance amendments, and readdress the issue in the next international harmonization rulemaking. On January 19, 2017, a Broad Agency Announcement (BAA) \\3\\ was issued soliciting white papers from those interested in undertaking research into the appropriate temperature controls for polymerizing substances across all package sizes and the impact of gas generation from a polymerizing reaction. Submissions were received and reviewed by a team of experts to verify, in accordance with the terms of the BAA, the technical appropriateness of the proposed work, and the past performance of the submitter. Recommendations were submitted to the PHMSA Research and Development staff on February 14th, 2018. The Research and Development staff is undertaking the necessary next steps to initiate the research. By way of this rulemaking, PHMSA also solicits comments and data from shippers and classifiers of polymerizing substances concerning their experiences operating under the transport provisions applied to polymerizing substances in the HM- 215N final rule. Specifically, PHMSA seeks information regarding: --------------------------------------------------------------------------- \\3\\ Broad Agency Announcement (BAA) for innovative research and development projects, January 19, 2017. https://www.fbo.gov/spg/DOT/PHMSA/PHMSAHQ/DTPH5617PHMSABAA/listing.html . --------------------------------------------------------------------------- Whether affected entities have experienced difficulties resulting from differing domestic and international requirements for polymerizing substances (e.g., differing temperature thresholds before temperature control is required in portable tanks and requirements for successfully passing Test Series E prior to offering for transport in a portable tank or IBC); The experiences of the regulated community in utilizing Test Series E with polymerizing substances; and Whether there are alternative tests that can indicate appropriate responses when potentially polymerizing substances are heated under confinement. As this research project is presently in the pre-award phase prescribed in the BAA and will not be completed prior to the expected publication date of a final rule for this NPRM, PHMSA is proposing to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019 to January 2, 2021. This additional time should allow PHMSA to complete its ongoing research project and analyze all comments and data concerning the issue submitted to the docket for this NPRM. This information will increase our comprehension of polymerizing substances and further consider the most appropriate transport provisions for these materials. This new sunset date is proposed in amendments to Sec. Sec. 172.101, 172.102, 173.21, and 173.124. III. Incorporation by Reference Discussion Under 1 CFR Part 51 The UN 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 websites. 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 websites. The price charged for those not freely available helps to cover the cost of developing, maintaining, hosting, and accessing these standards. The specific standards are discussed in greater detail in the following analysis. IV. Harmonization Proposals in This NPRM In addition to various other revisions to the HMR, PHMSA proposes the following amendments to harmonize the HMR with the most recent revisions to the UN Model Regulations, ICAO Technical Instructions, and IMDG Code, as well as several amendments to further align with the Transport Canada TDG Regulations: Incorporation by Reference: PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials standards, including the 2019-2020 Edition of the ICAO Technical Instructions; Amendment 39-18 to the IMDG Code; the 20th Revised Edition of the UN Model Regulations; amendment 1 to the 6th Revised Edition of the UN Manual of Tests and Criteria; and the 7th Revised Edition of the GHS. Additionally, we propose to update our incorporation by reference of the Transport Canada TDG Regulations to include SOR/2016-95 published June 1, 2016; SOR/2017-137 published July 12, 2017; and SOR/2017-253 published December 13, 2017. Finally, in this NPRM, PHMSA proposes the adoption of updated ISO standards. Hazardous Materials Table: 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 [[Page 60973]] passenger and cargo aircraft maximum quantity limits. Articles containing dangerous goods: PHMSA proposes to add a classification scheme for articles containing hazardous materials that do not already have a proper shipping name. This proposal would address situations in which hazardous materials or hazardous materials residues are present in articles. This proposal would authorize a safe method to transport articles that may be too large to fit into typical packages. Absent these provisions to package and transport these materials safely, these articles may be offered for transport under provisions that do not adequately account for the physical and chemical properties of the substances and may require the issuance of an approval by PHMSA's Associate Administrator for Hazardous Materials Safety. Lithium Battery Test Summary: PHMSA proposes the inclusion of a lithium battery test summary requirement. The HMR require lithium battery manufacturers to subject their batteries to appropriate UN design tests to ensure they are classified correctly for transport, and develop records of successful test completion. The proposed test summary would include a standardized set of elements that provide traceability and accountability, thereby ensuring that lithium cell and battery designs offered for transport meet the appropriate UN tests. Baggage Equipped with Lithium Batteries: PHMSA proposes to amend the aircraft passenger provisions for carriage of baggage equipped with lithium batteries intended to power features such as location tracking, battery charging, digital weighing, or motors (sometimes referred to as ``smart luggage''). Specifically, baggage equipped with a lithium battery or batteries would be required to be carried in the cabin of the aircraft unless the battery or batteries are removed. Segregation of Lithium Batteries from Specific Hazardous Materials: PHMSA proposes requirements to segregate lithium cells and batteries from certain other hazardous materials, notably flammable liquids, when offered for transport or transported on aircraft. PHMSA is taking this action to promote consistency with the ICAO Technical Instructions and a recommendation (A-16-001) from the National Transportation Safety Board (NTSB) stemming from the investigation of the July 28, 2011, in-flight fire and crash of Asiana Airlines Flight 991 that resulted in the loss of the aircraft and crew. The investigation report cited as a contributing factor the flammable materials and lithium ion batteries that were loaded together either in the same or adjacent pallets. Alternative criteria for classification of corrosive materials: PHMSA proposes to include non-testing alternatives for classifying corrosive mixtures that instead uses existing data on the chemical properties. Currently the HMR require offerors to classify Class 8 corrosive material and assign a packing group based on test data. The HMR authorize a skin corrosion test and various in vitro test methods that do not involve animal testing. However, data obtained from testing is currently the only data acceptable for classification and assigning a packing group. These alternatives would afford offerors the ability to make a classification and packing group assignment without the need to conduct physical tests. V. Amendments Not Being Considered for Adoption in This NPRM PHMSA's goal in this rulemaking is to harmonize the HMR with international requirements. We are not striving to make the HMR identical to the international regulations, but rather to remove or avoid potential barriers to international transportation. PHMSA proposes changes to the HMR based on amendments adopted in the 20th Revised Edition of the UN Model Regulations, the 2019-2020 Edition of the ICAO Technical Instructions, and Amendment 39-18 to the IMDG Code. It is not, however, proposing to adopt all of the amendments made to the various international standards into the HMR. In many cases, amendments to the international recommendations and regulations are not adopted into the HMR 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. The following is a list of significant amendments to the international standards that PHMSA is not currently proposing: Fuel gas containment systems: The 20th Revised Edition to the UN Model Regulations added a special provision to allow for the transportation of fuel gas containment systems containing certain gases transported for disposal, recycling, repair, inspection, maintenance, or from where they are manufactured to a vehicle assembly plant. PHMSA does not believe the vehicle specification pressure vessels that are incorporated and authorized by the UN Model Regulations apply to domestic transportation as most fuel gas containment standards addressed are more appropriate for European road and rail regulations. PHMSA invites comment on this amendment in the UN Model Regulations and whether it would benefit industry to include a similar amendment in the HMR. Severely damaged and defective lithium batteries: The 20th Revised Edition of the UN Model Regulations adopted transportation provisions for damaged and defective cells and batteries of UN Nos. 3090, 3091, 3480 and 3481 liable to rapidly disassemble, dangerously react, or produce a flame, a dangerous evolution of heat, or a dangerous emission of toxic, corrosive, or flammable gases or vapors under normal conditions of transport. In this NPRM, PHMSA is not proposing to adopt changes to the domestic requirements for the treatment of these lithium batteries, as it believes existing packaging and hazard communication requirements in Sec. 173.185(f) sufficiently address consignments of this nature. Road gas elements vehicles: Amendment 39-18 of the IMDG Code adopted provisions for road gas elements vehicles. These vehicles contain elements (e.g. cylinders, tubes, bundles of cylinders, pressure drums, or tanks) intended for the carriage of gases with a capacity of more than 450 L permanently fitted to a vehicle and fitted with necessary service equipment. PHMSA believes the HMR provisions authorizing the transportation of Multi-Element Gas Containers (MEGCs) and tube trailers adequately address the transportation of gases in a similar manner. Competency-based training: PHMSA is seeking public comments on a Competency Based Training approach in this NPRM. The 2017-2018 ICAO Technical Instructions included proposed revisions to their training provisions in Attachment 4,\\4\\ noting that these provisions would replace the current Part 1; Chapter 4 in the 2019-2020 edition. The provisions presented at the ICAO DGP, and included in the 2017-2018 ICAO Technical Instructions, on utilizing a competency based training approach for dangerous goods have yet to be finalized and adopted. We welcome discussions on improving the quality of employee training and assessment within the scope of the existing training regime. The training provisions as they are currently stated in the HMR are not prescriptive and permit a wide latitude in implementation. Thus, employers can tailor employee training program in a manner that best addresses the job functions performed. Through this flexibility employers can utilize various training methods, including the [[Page 60974]] Competency Based Training approach. To aid the public in developing comments, three documents from ICAO DGP and UNSCOE containing information pertaining to Competency Based Training have been provided in the public docket for this rulemaking. Any comments received may be utilized to better inform PHMSA's work in various international forums. Below are some thought starters for consideration for your comments: If you currently follow a Competency Based Training approach to meet the requirements in Part 172, Subpart H: [cir] Do you have suggestions or lessons learned that you would like to share? [cir] What information or tools did/do you consider most helpful in implementing a Competency Based Training approach? [cir] Have you reviewed the ICAO guidance provided in the Docket? If so, did you find the guidance helpful? If you do not follow a Competency Based Training approach to meet the requirements in Part 172, Subpart H: [cir] Have you reviewed the ICAO guidance provided in the Docket? If so, did you find the guidance helpful? [cir] Are you aware of any barriers to implementing a Competency Based Training approach? VI. Section-by-Section Review The following is a section-by-section review of the amendments proposed in this NPRM: Part 171 Section 171.7 Section 171.7 provides a listing of all voluntary consensus standards incorporated by reference into the HMR, as directed by the ``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 to consider their merit for inclusion in the HMR. For this rulemaking, PHMSA evaluated updated international consensus standards pertaining to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. It 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 NPRM, PHMSA proposes to add and revise the following incorporation by reference materials: Paragraph (s)(2) would be added, to incorporate the International Atomic Energy Agency Code of Conduct on the Safety and Security of Radioactive Sources. Section 172.800 references the incorporation by reference of this document; however, this entry does not currently appear in Sec. 171.7. The proposed addition of this paragraph would correct this oversight. The incorporation of this document in Sec. 172.800 provides a list of Category 1 and 2 radioactive sources for which offerors or carriers require a security plan. Paragraph (t)(1), which incorporates the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), 2015-2016 Edition, would be revised to incorporate the 2019-2020 Edition. These instructions contain the detailed instructions for the international transport of hazardous materials by air. Paragraph (v)(2), which incorporates the International Maritime Organization International Maritime Dangerous Goods Code (IMDG Code), Incorporating Amendment 38-16 (English Edition), would be revised to incorporate the 39-18 (English Edition), 2018 Edition. This code contains the detailed instructions for the international transport of hazardous materials by vessel. Paragraph (w), which incorporates various International Organization for Standardization entries, would be revised to incorporate by reference standards for the specification, design, construction, testing, and use of gas cylinders: --ISO 11118(E), Gas cylinders--Non-refillable metallic gas cylinders-- Specification and test methods would be replaced by ISO 11118:2015(E), Gas cylinders--Non-refillable metallic gas cylinders--Specification and test methods in paragraph (w)(53). The purpose of this standard is to provide a specification for the design, manufacture, inspection, and testing of non-refillable metallic gas cylinders for worldwide safe use, handling, and transport. --ISO 11120(E), Gas cylinders--Refillable seamless steel tubes of water capacity between 150 L and 3000 L--Design, construction and testing, First edition, March 1999 would be replaced by ISO 11120:2015(E), Gas cylinders--Refillable seamless steel tubes of water capacity between 150 L and 3,000 L--Design, construction and testing in paragraph (w)(62). This standard provides a specification for the design, manufacture, inspection and testing of tubes at the time of manufacture for worldwide usage. --ISO/TR 11364:2012(E), Gas cylinders--Compilation of national and international valve system/gas cylinder neck threads and their identification and marking system would be added in paragraph (w)(77). The purpose of this standard is to list all known cylinder/valve threads currently used and also threads used in the past and to specify a harmonized identification code and marking system for both cylinders and valves. --ISO 11623(E), Transportable gas cylinders--Periodic inspection and testing of composite gas cylinders, First edition, March 2002 would be replaced by ISO 11623:2015(E), Transportable gas cylinders--Periodic inspection and testing of composite gas cylinders in paragraph (w)(66). This standard specifies the requirements for periodic inspection and testing and to verify the integrity for further service of hoop-wrapped and fully-wrapped composite transportable gas cylinders, with aluminum- alloy, steel or non-metallic liners or of linerless construction (Types 2, 3, 4, and 5), intended for compressed, liquefied or dissolved gases under pressure, of water capacity from .5 L up to 450 L. --ISO 14246:2014(E), Gas cylinders--Cylinder valves--Manufacturing tests and examination would be added in paragraph (w)(69). This standard covers the function of a cylinder valve as a closure (defined by the UN Model Regulations). --ISO 16148:2016(E), Gas cylinders--Refillable seamless steel gas cylinders and tubes--Acoustic emission examination (AT) and follow-up ultrasonic examination (UT) for [[Page 60975]] periodic inspection and testing in paragraph (w)(71). This International Standard describes two methods of AT, defined as Method A and Method B, and a method of follow-up UT. These non-destructive examination techniques are an alternative to conventional testing procedures for cylinders and tubes. --ISO 17871:2015(E) Gas cylinders--Quick-release cylinder valves-- Specification and type testing in paragraph would be added to (w)(72). This standard covers the function of a quick-release cylinder valve as a closure (defined by the UN Model Regulations). --ISO 21172-1:2015(E), Gas cylinders--Welded steel pressure drums up to 3,000 litres capacity for the transport of gases--Design and construction--Part 1: Capacities up to 1,000 litres would be added in paragraph (w)(75). is to provide a specification for the design, manufacture, inspection, and approval of welded steel gas pressure drums. --ISO 22434:2006(E), Transportable gas cylinders--Inspection and maintenance of cylinder valves would be added in paragraph (w)(76). This International Standard specifies the requirements for the inspection and maintenance of cylinder valves, including valves with integrated pressure regulators. Paragraphs (aa)(1)-(4), which updates 4 existing Organization for Economic Cooperation and Development (OECD) guidelines concerning corrosivity testing (Nos. 404, 430, 431, & 435). The references to these standards would be updated to the 2015 versions of the standards. Paragraph (bb)(1), which incorporates the Transport Canada Transportation of Dangerous Goods Regulations, would add subparagraphs (xx), (xxi), and (xxii), to include SOR/2016-95 published June 1, 2016; SOR/2017-137 published July 12, 2017; and SOR/2017-253 published December 13, 2017, respectively. These proposed additions are to incorporate changes to the Transport Canada Transportation of Dangerous Goods Regulations. Paragraph (bb)(2) would be added to incorporate by reference Containers for Transport of Dangerous Goods by Rail, a Transport Canada standard that was published in 2013. The standard applies to the design, manufacture, maintenance and qualification of tank cars and ton containers and the selection and use of large containers or transport units used in the handling, offering for transport, or transporting of dangerous goods by rail. Paragraph (dd)(1), which incorporates the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations, 19th Revised Edition (2015), Volumes I and II, would be revised to incorporate the 20th Revised Edition (2017), Volumes I and II. This standard presents a basic scheme of provisions that allow uniform development of national and international regulations governing the various modes of transport. Paragraph (dd)(2)(ii) would be added to incorporate the United Nations Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, 6th Revised Edition, Amendment 1. This standard contains criteria, test methods, and procedures to be used for the classification of hazardous materials according to the UN Model Regulations. Paragraph (dd)(3), which incorporates the United Nations Recommendations on the Transport of Dangerous Goods, Globally Harmonized System of Classifi","truncated":true,"body_characters":458254}