{"operation":"document","citation":"86 FR 43844","title":"Hazardous Materials: Harmonization With International Standards","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2021-08-10","effective_on":null,"summary":"PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Additionally, PHMSA proposes an amendment to the Hazardous Materials Regulations that would allow for better alignment with Transport Canada's Transportation of Dangerous Goods Regulations.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2021-15425.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2021-15425.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2021-15425","source_url":"https://www.federalregister.gov/documents/2021/08/10/2021-15425/hazardous-materials-harmonization-with-international-standards","body":"Federal Register, Volume 86 Issue 151 (Tuesday, August 10, 2021) [Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)] [Proposed Rules] [Pages 43844-43898] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2021-15425] [[Page 43843]] Vol. 86 Tuesday, No. 151 August 10, 2021 Part IV Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 171, 172, 173, et al. Hazardous Materials: Harmonization With International Standards; Proposed Rule Federal Register / Vol. 86 , No. 151 / Tuesday, August 10, 2021 / Proposed Rules [[Page 43844]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176, 178, and 180 [Docket No. PHMSA-2019-0030 (HM-215P)] RIN 2137-AF46 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: PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. Additionally, PHMSA proposes an amendment to the Hazardous Materials Regulations that would allow for better alignment with Transport Canada's Transportation of Dangerous Goods Regulations. DATES: Comments must be received by October 12, 2021. To the extent possible, PHMSA will consider late-filed comments while a final rule is developed. 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-2019- 0030 (HM-215P) or RIN 2137-AF46 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. Docket: For access to the dockets to read background documents (including the Preliminary Regulatory Impact Analysis (PRIA)) or comments received, go to http://www.regulations.gov or DOT's Docket Operations Office (see ADDRESSES). Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ``PROPIN.'' Submissions containing CBI should be sent to Candace Casey, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Any commentary that PHMSA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. FOR FURTHER INFORMATION CONTACT: Candace Casey, Standards and Rulemaking, or Aaron Wiener, International Program, at (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. Amendments Not Being Considered for Adoption in this NPRM V. Section-by-Section Review of NPRM Proposals VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866 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. Environment 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 As discussed in further detail later in this NPRM (see the Section- By-Section Review of NPRM Proposals), the Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend certain sections of the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. PHMSA expects adoption of the regulatory amendments proposed in this NPRM will maintain the high safety standard currently achieved under the HMR, facilitate the safe transportation of critical vaccines and other medical materials associated with response to the coronavirus disease 2019 (COVID-19) public health emergency, and align HMR requirements with anticipated increases in the volume of lithium batteries transported in interstate commerce from electrification of the transportation and other economic sectors. PHMSA also notes that because harmonization of the HMR with international consensus standards as proposed could reduce delays and interruptions of hazardous materials during transportation, the proposed NPRM amendments may also lower greenhouse gas (GHG) emissions and safety risks to minority, low- income, underserved, and other disadvantaged populations and communities in the vicinity of interim storage sites and transportation arteries and hubs. The following list summarizes the more noteworthy proposals set forth in this NPRM: Incorporation by Reference: PHMSA proposes to incorporate by reference updated versions of the following international hazardous materials regulations and standards: the 2021-2022 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions); Amendment 40-20 to the International Maritime Dangerous Goods Code (IMDG Code); the 21st revised edition of the United Nations Recommendations on the [[Page 43845]] Transport of Dangerous Goods--Model Regulations (UN Model Regulations); and the International Atomic Energy Agency (IAEA) ``Specific Safety Requirements Number SSR-6: Regulations for the Safe Transport of Radioactive Material 2018 Edition'' (SSR-6, Ref. 1). PHMSA also proposes the incorporation by reference of several new or updated International Organization for Standardization (ISO) standards as well as an updated version of the Organization for Economic Cooperation and Development (OECD) Guidelines for the Testing of Chemicals Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method. Transport Canada temporary certificates: PHMSA proposes amendments to the HMR that would authorize the motor carrier or rail transportation of a hazardous material within the United States pursuant to a temporary certificate issued under Transport Canada's Transportation of Dangerous Goods Regulations (TDG Regulations). Hazardous Materials Table: PHMSA proposes amendments to the Hazardous Materials Table (HMT; 49 CFR 172.101) 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. Data loggers: PHMSA proposes exception from certain regulations for lithium batteries in equipment that are attached to or contained in packagings, large packagings, intermediate bulk containers (IBCs), or cargo transport units as equipment in use or intended for use during transport, such as data loggers. This would clarify regulations applicable to data loggers and cargo tracking devices powered by lithium batteries that are attached to or contained in, and in use or intended for use during transport. Additionally, in response to the COVID-19 public health emergency, and consistent with revisions to the 2021-2022 ICAO Technical Instructions, PHMSA proposes exceptions specific to the air transportation of these items used in association with shipments of COVID-19 pharmaceuticals, including vaccines. Removal of metal wall thickness requirements for certain metal IBCs: PHMSA proposes to remove the minimum wall thickness requirements for metal IBCs that have a capacity of 1500 liters (L) or less. Stabilized fish meal or fish scrap by air: PHMSA proposes to permit the transport of stabilized fish meal or fish scrap (UN2216) on passenger and cargo aircraft. Currently, when transported as a Class 9 material, stabilized fish meal or fish scrap is only authorized for transportation by vessel. As a part of this proposal, PHMSA is also expanding the applicability of the stabilization requirements currently in place for shipments of these materials by vessel. UN3549 Category A Medical Wastes: PHMSA proposes to create a new entry in the HMT for ``UN3549, Medical Waste, Category A, Affecting Humans, solid or Medical Waste, Category A, Affecting Animals only, solid.'' This entry provides an additional shipping description for solid materials meeting the Category A classification criteria that are not appropriate for classification in existing entries/classes ``UN2814, Infectious substance, affecting humans'' or ``UN2900, Infectious substance, affecting animals only.'' Solid medical waste containing Category A infectious substances generated from the medical treatment of humans or veterinary treatment of animals (e.g., disposable personal protective equipment) may be assigned to UN3549. Although PHMSA is not adopting certain packaging provisions adopted in the UN Model Regulations, it proposes assigning Special Provision 131, which directs shippers to request a special permit prior to transportation, to UN3549. Additionally, PHMSA proposes amending certain parts of Sec. 173.134, which provides definitions and exceptions for Class 6, Division 6.2 hazardous materials, to include references to this new UN number and proper shipping name. Additional packagings for ``UN2211, Polymeric beads, expandable, evolving flammable vapor'' and ``UN3314, Plastic molding compound in dough, sheet or extruded rope form evolving flammable vapor'': PHMSA proposes to expand the authorized packagings for polymeric beads and plastic molding compound to include combination packagings rather than limiting packaging options to single packagings. Miscellaneous revisions of requirements pertaining to the transportation of lithium batteries: PHMSA proposes a number of revisions to HMR requirements, including, but not limited to, minimum size markings and modification of stowage requirements for lithium batteries including those offered as damaged/defective or for disposal/ recycling. PHMSA expects the revisions will contribute to the safe transportation of increased volumes of lithium batteries anticipated as a result of the increased use of that technology in the transportation and other economic sectors. Definition of SADT (Self-accelerating decomposition temperature) and SAPT (Self-accelerating polymerizing temperature): PHMSA proposes to amend the definitions of SADT and SAPT to clarify that the lowest temperature at which the these may occur can take place in a packaging, IBC or portable tank. Periodic inspection for chemicals under pressure: PHMSA proposes to extend the periodic inspection, from five to ten years, for cylinders that are filled with hazardous materials described as ``UN3500, Chemicals under pressure, n.o.s.'' that are also used as fire extinguishing agents. Technical name requirements for marine pollutants: PHMSA proposes to amend provisions pertaining to the addition of technical names to the shipping description when transporting hazardous materials that contain marine pollutants. These amendments aim to provide flexibility with regard to documentation and marking requirements, which currently require identifying the technical names of marine pollutant components in those materials. Additionally, PHMSA proposes to amend Sec. Sec. 172.203(l) and 172.322 to limit the applicability of requirements for specific marine pollutant constituents for generic entries (indicated by the letter ``G'' in column 1 of the Hazardous Materials Table) and those containing ``n.o.s.'' as part of the proper shipping names. Stability tests for nitrocellulose: PHMSA proposes to add stability testing requirements for nitrocellulose, to require that these materials meet the criteria of the Bergmann-Junk test or methyl violet paper test in the UN Manual of Tests and Criteria, Appendix 10. Some of the proposed amendments represent improvements in safety (e.g., nitrocellulose stability testing, additional closures for packagings intended for pyrophoric materials, on deck stowage requirements for lithium batteries transported by vessel, etc.). All the proposed amendments are expected to maintain the HMR's high safety standard for the public and the environment. Additionally, PHMSA anticipates that there are safety benefits to be derived from improved compliance related to consistency amongst domestic and international regulations. PHMSA solicits comment on the amendments proposed in this NPRM pertaining to: need, benefits and costs of the proposed HMR revisions; impact on safety and the environment; [[Page 43846]] impact on environmental justice and equity; and any other relevant information. In addition, PHMSA solicits comment regarding approaches to reducing the costs of this rule while maintaining or increasing safety benefits. As further explained in the PRIA, PHMSA expects that the aggregate benefits of the amendments proposed in this NPRM justify their aggregate costs. Nonetheless, PHMSA solicits comment on specific changes (e.g., greater flexibility with regard to a particular proposal) that might improve the rule. II. Background The Federal hazardous materials transportation 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 as consistent with promotion of safety and the public interest. See 49 U.S.C. 5120. This statutory mandate reflects the importance of international standard-setting activity in light of the globalization of commercial transportation of hazardous materials. Harmonization of the HMR with those efforts can reduce the costs and other burdens of complying with multiple or inconsistent safety requirements between nations. Consistency between the HMR and current international standards can also enhance safety by (1) ensuring that the HMR is informed by the latest best practices and lessons learned; (2) improving understanding of and compliance with pertinent requirements; (3) facilitating the smooth flow of hazardous materials from their points of origin to their points of destination, thereby avoiding risks to the public and the environment from release of hazardous materials from delays or interruptions in the transportation of those materials; and (4) enabling consistent emergency response procedures in the event of a hazardous materials incident. PHMSA participates in the development of international regulations and standards for the transportation of hazardous materials. It also adopts within the HMR international standards consistent with PHMSA's safety mission. PHMSA reviews and evaluates each international standard it considers for incorporation within the HMR on its own merits, to include the effects on transportation safety, the environmental impacts, and any economic impact. PHMSA's 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. In a final rule published December 21, 1990,\\1\\ PHMSA's predecessor, the Research and Special Programs Administration (RSPA), comprehensively revised the HMR for greater consistency 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 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 ICAO Technical Instructions and IMDG Code. --------------------------------------------------------------------------- \\1\\ 55 FR 52401 (Dec. 21, 1990). --------------------------------------------------------------------------- PHMSA has evaluated recent updates to the international standards, and proposes to revise the HMR to adopt changes consistent with revisions to the 2021-2022 Edition of the ICAO Technical Instructions, Amendment 40-20 to the IMDG Code,\\2\\ and the 21st revised edition of the UN Model Regulations, all of which were published by or in effect on January 1, 2021. PHMSA issued an enforcement discretion on October 1, 2020, stating that while PHMSA is considering the 2021-2022 Edition of the ICAO Technical Instructions and amendment 40-20 of the IMDG Code for potential adoption into the HMR, PHMSA and other Federal agencies that enforce the HMR (the Federal Railroad Administration, the Federal Aviation Administration (FAA), the Federal Motor Carrier Safety Administration, and the United States Coast Guard) will not take enforcement action against any offeror or carrier who uses these standards as an alternative to complying with current HMR requirements when all or part of the transportation is by air with respect to the ICAO Technical Instructions, or by vessel with respect to the IMDG Code. In addition, PHMSA and its partners will not take enforcement action against any offeror or carrier who offers or accepts for domestic or international transportation by any mode packages marked or labeled in accordance with these standards. This notice remains in effect until withdrawn or otherwise modified.\\3\\ Additionally, in response to the ongoing global COVID-19 public health emergency, on December 31, 2020 and February 23, 2021, ICAO published addenda to the 2021-2022 Edition of the ICAO Technical Instructions to provide additional provisions and exceptions to reduce regulatory compliance burdens for the transport of certain hazardous materials, such as alcohols and aerosols used for hygienic purposes, by air. PHMSA proposes to include those changes to international standards in this NPRM. Finally, PHMSA proposes to incorporate by reference these new international regulations and standards as well as new requirements from the IAEA, ``Specific Safety Requirements Number SSR-6: Regulations for the Safe Transport of Radioactive Material 2018 Edition'' (SSR-6, Ref. 1); several new or updated ISO standards; and an updated version of the OECD Guidelines for the Testing of Chemicals Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method. The standards incorporated by reference are authorized for use for domestic transportation, under specific conditions, by part 171, subpart C of the HMR. --------------------------------------------------------------------------- \\2\\ Amendment 40-20 to the IMDG Code may be voluntarily complied with as of January 1, 2021; however, Amendment 39-18 will remain effective through May 31, 2022. \\3\\ PHMSA, Notice of Enforcement Policy Regarding International Standards (Oct. 1, 2020), https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-10/Notice%20of%20Enforcement%20Policy%20Regarding%20International%20Standards%20Oct%201%202020.pdf . PHMSA expects that it may withdraw this enforcement discretion should the HMR amendments proposed here be adopted in a final rule. --------------------------------------------------------------------------- Contemporaneously with PHMSA's development of the NPRM, the President has issued a series of Executive Orders coordinating Federal response to the COVID-19 public health emergency, a handful of those are pertinent to this NPRM. Specifically, section 2 of Executive Order 13987 (``Organizing and Mobilizing the United States Government to Provide a Unified and Effective Response to Combat COVID-19 and To Provide United States Leadership on Global Health and Security'') \\4\\ contemplates broad-based action across the Federal Government to ``produce, supply, and distribute personal protective equipment, vaccines, tests, and other supplies for the Nation's COVID-19 response.'' Similarly, Executive Order 14002 (``Economic Relief Related to COVID-19 Pandemic'') \\5\\ directs Federal agencies like PHMSA to respond to the economic harm caused by the COVID-19 public health emergency by promptly identifying actions they can take within existing authorities to provide economic relief to affected persons and [[Page 43847]] businesses. Lastly, the President has announced ambitious reductions in national GHG emissions to combat climate, change, identifying electrification of the transportation and other economic sectors--to include enabling more widespread use of electric storage technologies (such as lithium batteries) -- as a critical element of that effort.\\6\\ --------------------------------------------------------------------------- \\4\\ 86 FR 7019 (Jan. 20, 2021). \\5\\ 86 FR 7229 (Jan. 21, 2021). \\6\\ See, e.g., White House, ``Fact Sheet: President Biden Sets 2030 Greenhouse Gas Pollution Reduction Target Aimed at Creating Good-Paying Union Jobs and Securing U.S. Leadership on Clean Energy Technologies'' (Apr. 21, 2021), https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/22/fact-sheet-president-biden-sets-2030-greenhouse-gas-pollution-reduction-target-aimed-at-creating-good-paying-union-jobs-and-securing-u-s-leadership-on-clean-energy-technologies/ . --------------------------------------------------------------------------- III. Incorporation by Reference Discussion Under 1 CFR Part 51 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. PHMSA currently incorporates by reference into the HMR all or parts of several standards and specifications developed and published by standard development organizations (SDO). In general, SDOs update and revise their published standards every 2 to 5 years to reflect modern technology and best technical practices. The National Technology Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-113) directs Federal agencies to use standards developed by voluntary consensus standards bodies in lieu of government-written standards whenever possible. Voluntary consensus standards bodies develop, establish, or coordinate technical standards using agreed-upon procedures. OMB issued Circular A-119 to implement section 12(d) of the NTTAA relative to the utilization of consensus technical standards by Federal agencies. This circular provides guidance for agencies participating in voluntary consensus standards bodies and describes procedures for satisfying the reporting requirements in the NTTAA. Accordingly, PHMSA is responsible for determining which currently referenced standards should be updated, revised, or removed, and which standards should be added to the HMR. Revisions to materials incorporated by reference in the HMR are handled via the rulemaking process, which allows for the public and regulated entities to provide input. During the rulemaking process, PHMSA must also obtain approval from the Office of the Federal Register to incorporate by reference any new materials. The Office of the Federal Register issued a rulemaking on November 7, 2014 that revised 1 CFR 51.5 to require that agencies detail in the preamble of an NPRM the ways the materials it proposes to incorporate by reference are reasonably available to interested parties, or how the agency worked to make those materials reasonably available to interested parties. The UN Model Regulations, the UN Manual of Tests and Criteria, the IAEA Regulations for the Safe Transport of Radioactive Material, and the OECD Guidelines for the Testing of Chemicals Test No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE) test method 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 standard 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 Section V. IV. Amendments Not Being Considered for Adoption in this NPRM As documented below, PHMSA has determined that certain elements of updated international regulations and standards that are the subject of this rulemaking should not be adopted into the HMR because the structure of the HMR is such that it makes adoption unnecessary, or PHMSA has deemed it is a safer approach to authorize certain transport requirements through a special permit rather than adopting into the HMR. Use of a special permit allows for greater oversight and development of transport history and data prior to determining adoption within the HMR. The following is a list of elements of updated international standards that PHMSA is not considering for adoption in this NPRM, and the rationale for that decision: Issue #1: As discussed previously, PHMSA proposes to add a new HMT entry for ``UN3549 Medical Waste, Category A, Affecting Humans, solid or Medical Waste, Category A, Affecting Animals only, solid'' for consistency with updates to the Dangerous Goods Lists of the ICAO Technical Instructions (Dangerous Goods List) and the UN Model Regulations. However, PHMSA is not proposing to revise the HMR/HMT to incorporate the corresponding packaging instructions for these materials. Instead, PHMSA plans to continue to approve the packaging and transport of these materials through a special permit. Maintaining approval of these shipments under a special permit allows for oversight of the grantees in that PHMSA can conduct a fitness evaluation prior to granting a special permit and data on the number of shipments made under a special permit are provided to PHMSA. Issue #2: In the 2021-2022 Edition of the ICAO Technical Instructions, Special Provision A201 was revised to provide provisions for transport of lithium batteries on a passenger aircraft with the prior approval of the State of Origin and the operator, provided the batteries were intended for urgent medical need. PHMSA is not proposing to make a corresponding amendment to the HMR because PHMSA added Sec. 173.185(g) in an interim final rule (HM-224I) published on March 6, 2019 \\7\\ in response to a statutory mandate in the FAA Reauthorization Act of 2018. Pub. L. 115-254 (Oct. 5, 2018). That HMR amendment provided limited exceptions from HMR prohibitions permitting air transportation of medical device batteries with the approval of the Associate Administrator. A final rule covering the issues adopted on an interim basis in HM-224I is currently under development. --------------------------------------------------------------------------- \\7\\ 84 FR 8006 (Mar. 6, 2019). --------------------------------------------------------------------------- Issue #3: The 21st revised edition of the UN Model Regulations, the 2021-2022 edition of the ICAO Technical Instructions, and Amendment 40-20 to the IMDG Code amended various radioactive transportation requirements to harmonize with the IAEA Regulations for the Safe Transport of Radioactive Material, No. SSR-6. While PHMSA proposes to incorporate by reference Regulations for the Safe Transport of Radioactive Material, No. SSR-6, PHMSA is not proposing to harmonize the HMR with the remainder of the changes made by the various international regulations (i.e., ICAO Technical Instructions, UN Model Regulations, IMDG Code) regarding radioactive materials requirements. PHMSA plans to address domestic radioactive harmonization issues in a future rulemaking (HM-250A, under RIN137-AF42) in coordination with the Nuclear Regulatory Commission. Issue #4: The 21st revised edition of the UN Model Regulations contains an [[Page 43848]] amendment to general requirements permitting the use of the proper shipping name ``Articles containing dangerous goods, n.o.s.'' Specifically, this amendment authorizes the use of this entry for articles containing explosives if the article is excluded from Class 1 (explosives) by meeting certain exclusion criteria identified in section 2.1.3.6.4 of the UN Model Regulations. However, PHMSA is not proposing a corresponding amendment to Sec. 173.232 because PHMSA does not permit shippers to self-exclude a potential explosive (i.e., an article) from Class 1. Rather, Sec. 173.56 of the HMR requires shippers to submit explosives to PHMSA-approved explosives test labs, which perform evaluations to determine whether the explosive meets the exclusion criteria and then recommend a classification to PHMSA for explosives submitted to them for review. If an article is excluded from Class 1, a document would be issued by PHMSA that indicates it is not an explosive, but must be classified based on any other hazard presented by the article. In this case, the shipper would be required to pick the most appropriate proper shipping name, which could include the appropriate ``Articles, n.o.s.'' entry. Issue #5: The 21st revised edition of the UN Model Regulations contains amendments to Packing Instruction P801, applicable to used batteries assigned the following UN numbers: ``UN2794, Batteries, wet, filled with acid, electric storage''; ``UN2795, Batteries, wet, filled with alkali, electric storage''; and ``UN3028, Batteries, dry, containing potassium hydroxide solid, electric storage.'' These amendments were adopted to correct issues pertaining to requirements unique to the UN Model Regulations for the use of stainless steel boxes and plastic bins as packaging for those used batteries. In contrast, the HMR does not specify such packagings for used UN2794/2795/3028 batteries, nor does this NPRM propose to amend the HMR to authorize such packaging. Existing HMR packaging requirements in Sec. 173.159 for such batteries are adequately protective. The HMR allows used batteries that are not damaged or leaking to be offered for transportation in accordance with the general packaging requirements in Sec. 173.159(a)-(e) or paragraph (k) for damaged batteries. Because of the combination of general packaging requirements in 49 CFR part 173, subpart B, and the battery specific packaging requirements in Sec. 173.159, PHMSA does not believe there is a safety justification to limit transportation of used batteries to those packaged in accordance with the new UN packing instruction requirements in P801 or to add these stainless steel boxes or plastic bins to the current packaging authorizations in the HMR. V. Section-By-Section Review of NPRM Proposals The following is a section-by-section review of the amendments proposed in this NPRM. A. 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 NTTAA. 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. PHMSA contributed to the development of those standards--each of which build on the well-established and documented safety histories of earlier editions -- as it participated in the discussions and working group activities associated with their proposal, revision, and approval. Those activities in turn have informed PHMSA's evaluation of the effect those updated consensus standards would have on safety when incorporated by reference and provisions adopted into the HMR. Further, PHMSA notes that some of the consensus standards proposed for incorporation by reference within the HMR in this rulemaking have already been adopted into the regulatory schemes of other countries; note again that PHMSA itself has issued an enforcement discretion authorizing their use as an interim strategy for complying with current HMR requirements. PHMSA is not aware of adverse safety impacts from that operational experience. For these reasons, PHMSA expects their adoption will maintain the high safety standard currently achieved under the HMR. Therefore, PHMSA proposes to add or revise the following incorporation by reference materials: \\8\\ --------------------------------------------------------------------------- \\8\\ All other standards that are set out as part of the regulatory text of Sec. 171.7(w) were previously approved for incorporation by reference and no changes are proposed. --------------------------------------------------------------------------- In paragraph (s)(1), incorporate by reference the 2018 edition of the IAEA Regulations for the Safe Transport of Radioactive Material, Safety Standards Series No. SSR-6 (Rev.1), to replace the 2012 edition, which is currently referenced in Sec. Sec. 171.22; 171.23; 171.26; 173.415; 173.416; 173.417; 173.435; and 173.473. The IAEA regulations establish standards of safety for control of the radiation, criticality, and thermal hazards to people, property, and the environment that are associated with the transport of radioactive materials. Notable changes from the previous edition include clarification of marking requirements, a new group of surface contaminated objects SCO-III for UN2914, and amendments to basic radionuclide values (activity of the radionuclide as listed in Sec. 173.435) for seven specific radionuclides (Ba-135m, Ge-69, Ir-193m, Ni- 57, Sr-83, Tb-149 and Tb-161). The Regulations for the Safe Transport of Radioactive Material are available for download and purchase in hard copy on the IAEA website at: https://www.iaea.org/publications/12288/regulations-for-the-safe-transport-of-radioactive-material . In paragraph (t)(1), incorporate by reference the 2021- 2022 edition of the ICAO Technical Instructions, to replace the 2019- 2020 Edition, which is currently referenced in Sec. Sec. 171.8; 171.22; 171.23; 171.24; 172.101; 172.202; 172.401; 172.407; 172.512; 172.519; 172.602; 173.56; 173.320; 175.10, 175.33; and 178.3. The ICAO Technical Instructions specify detailed instructions for the safe international transport of dangerous goods by air. The requirements in the 2021-2022 edition have been amended to align better with the 21st revised edition of the United Nations Recommendations on the Transport of Dangerous Goods and the IAEA Regulations for the Safe Transport of Radioactive Material. Notable changes in the 2021-2022 edition of the ICAO Technical Instructions include new packing and stowage provisions, new and revised entries on the Dangerous Goods List, and editorial corrections. The 2021-2022 edition of the ICAO Technical Instructions are available for purchase on the ICAO website at https://store.icao.int/en/shop-by-areas/safety/dangerous-goods . In paragraph (v)(2), incorporate by reference the 2020 edition of the IMDG Code, Incorporating Amendment 40-20 (English Edition), to replace Incorporating Amendment 39-18, 2018 Edition, which is currently referenced in Sec. Sec. 171.22; 171.23; 171.25; 172.101; 172.202; 172.203 172.401; 172.407; 172.502; 172.519; 172.602; 173.21; 173.56; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140; 176.720; 176.906; 178.3; and 178.274. The IMDG Code is a unified international code that outlines standards and requirements for the transport of dangerous goods by sea. Notable changes in Amendment 40-20 include new packing and stowage provisions, new and revised entries on [[Page 43849]] the Dangerous Goods List, and editorial corrections. Distributors of the IMDG Code can be found on the International Maritime Organization (IMO) website at: https://www.imo.org/en/publications/Pages/Distributors-default.aspx . In paragraph (w), incorporate by reference or remove the following ISO documents to include new and updated standards for the specification, design, construction, testing, and use of gas cylinders: --ISO 10156:2017, ``Gas cylinders--Gases and gas mixtures-- Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets'' in paragraph (w)(38) and referenced in Sec. 173.115. ISO 10156 specifies methods for determining whether a gas or gas mixture is flammable in air and whether a gas or gas mixture is more or less oxidizing than air under atmospheric conditions. It is intended to be used for the classification of gases and gas mixtures including the selection of gas cylinder valve outlets. This amendment would remove ISO 10156:2010, third edition, and the associated corrigendum (ISO 10156:2010/Cor.1:2010(E)), from the HMR and add the revised ISO 10156:2017(E), fourth edition, as the former documents have been withdrawn by ISO and replaced with updated 2017 versions. As part of the five-year periodic review of all standards, ISO reviewed ISO 1056:2010 and published an updated version, ISO 10156:2017, which was published in September 2017 and adopted in the 21st revised edition of the UN Model Regulations. While many of the edits in this 2017 version were editorial changes made to suit the ISO publication rules, the standard has also been supplemented with a test method to determine the flammability limits of gases and gas mixtures in air and a calculation method to determine the lower flammability limit of a gas mixture. PHMSA expects that the latter change will enhance safety by providing improved instruction on determination of flammability of gases and gas mixtures which would aid in the proper selection of a valve. (see Sec. 173.115 of the Section-by-Section Review for additional discussion of this proposed change). --ISO 10297: 2014/Amd 1:2017, ``Gas cylinders -- Cylinder valves-- Specification and type testing'' in paragraph (w)(42) and referenced in Sec. 173.301b and Sec. 178.71. ISO pu","truncated":true,"body_characters":342987}