{"operation":"document","citation":"88 FR 34568","title":"Hazardous Materials: Harmonization With International Standards","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2023-05-30","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.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2023-07109.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2023-07109.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2023-07109","source_url":"https://www.federalregister.gov/documents/2023/05/30/2023-07109/hazardous-materials-harmonization-with-international-standards","body":"Federal Register, Volume 88 Issue 103 (Tuesday, May 30, 2023) [Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)] [Proposed Rules] [Pages 34568-34622] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2023-07109] [[Page 34567]] Vol. 88 Tuesday, No. 103 May 30, 2023 Part II Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 171, 172, et al. Hazardous Materials: Harmonization With International Standards; Proposed Rule Federal Register / Vol. 88 , No. 103 / Tuesday, May 30, 2023 / Proposed Rules [[Page 34568]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176, 178, and 180 [Docket No. PHMSA-2021-0092 (HM-215Q)] RIN 2137-AF57 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. DATES: Comments must be received by July 31, 2023. 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-2021- 0092 (HM-215Q) or RIN 2137-AF57 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 Proposed for Adoption 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. Unfunded Mandates Reform Act of 1995 H. Environment Assessment I. Executive Order 12898 J. Privacy Act K. Executive Order 13609 and International Trade Analysis L. National Technology Transfer and Advancement Act M. Executive Order 13211 I. Executive Summary 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 changes, including changes to proper shipping names (PSN), hazard classes, packing groups (PG), special provisions (SP), packaging authorizations, air transport quantity limitations, and vessel stowage requirements. The proposed amendments are discussed in detail in ``Section V. Section-by-Section Review of NPRM Proposals.'' Adoption of the regulatory amendments proposed in this NPRM will maintain the high safety standard currently achieved under the HMR. PHMSA also notes that because harmonization of the HMR with international regulations and consensus standards could reduce delays and interruptions of hazardous materials during transportation, the proposed 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 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 2023-2024 edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions); Amendment 41-22 to the International Maritime Dangerous Goods Code (IMDG Code); and the 22nd revised edition of the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations (UN Model Regulations); Hazardous Materials Table: PHMSA proposes amendments to the Hazardous Materials Table (HMT; 49 CFR 172.101) to add, revise, or remove certain PSNs, hazard classes, PGs, SPs, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits. [[Page 34569]] Polymerizing Substances: In 2017--as part of the HM-215N final rule \\1\\--PHMSA added four new Division 4.1 (flammable solid) entries for polymerizing substances to the HMT and added defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls into the HMR. These changes remained in effect until January 2, 2019, while PHMSA used the interim period to review and research the implications of the polymerizing substance amendments. In 2020--as part of the HM- 215O \\2\\ final rule--PHMSA extended the date the provisions remained in effect from January 2, 2019, to January 2, 2023, to allow for the additional research to be completed on the topic. In this NPRM, PHMSA proposes to remove the phaseout date (January 2, 2023) from the transport provisions for polymerizing substances to allow for continued use of the provisions. --------------------------------------------------------------------------- \\1\\ 82 FR 15796 (Mar. 30, 2017). \\2\\ 85 FR 27810 (May 11, 2020). --------------------------------------------------------------------------- Cobalt dihydroxide powder containing not less than 10 percent respirable particles: PHMSA proposes to add a new entry to HMT, ``UN3550 Cobalt dihydroxide powder, containing not less than 10% respirable particles'' and corresponding packaging provisions. Cobalt is a key strategic mineral used in various advanced medical and technical applications around the world, including various types of batteries. Historically, this hazardous material has been classified and transported as a Class 9 material under ``UN3077, Environmentally hazardous substance, solid, n.o.s.'' however testing required under Registration, Evaluation, Authorisations and Restriction of Chemicals (REACH) regulations \\3\\ for comprehensive GHS testing, determined that this material poses an inhalation toxicity hazard. Following this determination, the 22nd revised edition of the UN Model Regulations developed a new entry on the Dangerous Goods List (DGL) and packaging authorizations specifically for this hazardous material to facilitate continued global transport of this material. In this NPRM, PHMSA proposes to do likewise by adding a new entry for cobalt dihydroxide containing not less than 10 percent respirable particles and assigning it UN3550 on the HMT, in addition to adding packaging provisions, including the authorization to transport this material in flexible IBCs. PHMSA expects that these provisions will facilitate the continued transport of this material, to keep global supply chains open. See 172.101 of the Section-by-Section Review for additional discussion of these amendments. --------------------------------------------------------------------------- \\3\\ Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006. --------------------------------------------------------------------------- Lithium Battery Exceptions: PHMSA proposes to remove the exceptions provided for small lithium cells and batteries for transportation by aircraft. This is consistent with the elimination of similar provisions in the ICAO Technical Instructions. See 173.185 of the Section-by-Section Review for additional discussion of these amendments. 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 the need, benefits, and costs of the proposed HMR revisions; impact on safety and the environment; 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 are informed by the latest best practices and lessons learned; (2) improving understanding of, and compliance with, pertinent requirements; (3) facilitating the 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 due to 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 consensus standards and regulations consistent with PHMSA's safety mission. PHMSA reviews and evaluates each international standard it considers for incorporation within the HMR on its own merits, including 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 final rule HM-181,\\4\\ 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. --------------------------------------------------------------------------- \\4\\ 55 FR 52401 (Dec. 21, 1990). --------------------------------------------------------------------------- PHMSA has evaluated recent updates to the international standards, including review of numerous updated standards for the design, manufacture, testing, and use of packagings, and proposes to revise the HMR to adopt changes consistent with revisions to the 2023-2024 edition of the ICAO Technical Instructions, Amendment 41-22 to the IMDG Code, and the 22nd revised edition of the UN Model Regulations, all of which will be published by or in effect on January 1, 2023,\\5\\ while also ensuring the changes are consistent with [[Page 34570]] PHMSA's safety mission. Consequently, PHMSA proposes to incorporate by reference these revised international regulations, several new or updated International Organization for Standards (ISO) standards, and a new Organization for Economic Co-operation and Development (OECD) standard. The regulations and standards incorporated by reference are authorized for use for domestic transportation, under specific conditions, in part 171, subpart C of the HMR. --------------------------------------------------------------------------- \\5\\ Amendment 41-22 of the IMDG Code will become mandatory on January 1, 2024. Voluntary compliance begins on January 1, 2023. --------------------------------------------------------------------------- PHMSA issued an enforcement discretion on November 28, 2022,\\6\\ stating that while PHMSA is considering the 2023-2024 Edition of the ICAO Technical Instructions and Amendment 41-22 of the IMDG Code for potential adoption into the HMR, PHMSA and other federal agencies that enforce the HMR (the Federal Railroad Administration (FRA), the Federal Aviation Administration (FAA), the Federal Motor Carrier Safety Administration (FMCSA), and the United States Coast Guard (USCG)) 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. --------------------------------------------------------------------------- \\6\\ https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/phmsa-notice-enforcement-policy-regarding-international . --------------------------------------------------------------------------- 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 numerous standards and specifications developed and published by standard development organizations (SDO). In general, SDOs update and revise their published standards every two to five 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 standards currently referenced in the HMR 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 \\7\\ that revised 1 CFR 51.5 to require that an agency 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. Proposed changes to the material incorporated by reference in the HMR are discussed in detail in the Sec. 171.7 discussion in ``Section V. Section-by-Section Review of NPRM Proposals.'' --------------------------------------------------------------------------- \\7\\ 79 FR 66278 (Nov. 7, 2014). --------------------------------------------------------------------------- The UN Model Regulations, the United Nations Manual of Tests and Criteria (UN Manual of Tests and Criteria),\\8\\ and the OECD standard (i.e., Test No. 439) 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 references not freely available helps to cover the cost of developing, maintaining, hosting, and accessing these standards and regulations. --------------------------------------------------------------------------- \\8\\ U.N. Econ. Comm'n for Europe, Transportation Division, Manual of Tests and Criteria, 7th Rev. Ed., Amend. 1, U.N. Sales No. 21. VIII. 2 (2021). --------------------------------------------------------------------------- IV. Amendments Not Being Proposed for Adoption PHMSA determined that certain elements of updated international regulations and standards 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 issuance of a special permit rather than allow for general applicability by adopting those requirements into the HMR. Use of a special permit allows for greater oversight and development of transport history and data prior to determining whether to adopt the terms of the special permit in the HMR for broad application. The following is a list of international regulations and standards updates that PHMSA is not proposing for adoption in this NPRM, and the rationale for those decisions: Fiber-reinforced plastic UN portable tanks: The 22nd revised edition of the UN Model Regulations and Amendment 41-22 of the IMDG Code include provisions for the design, construction, approval, use, and testing of fiber-reinforced plastic (FRP) UN portable tanks. These are UN portable tanks with shells made of FRP materials instead of traditional steel. PHMSA is not proposing to make corresponding amendments to the HMR to authorize general multi-modal transport of FRP UN portable tanks. PHMSA believes further research is necessary in areas covering material fatigue, suitability of the pool fire test and impact testing as packaging qualification methods, and in the identification of the most appropriate non-destructive test methodology to qualify FRP UN portable tanks. The results of this research will be used to better gauge the appropriateness of full adoption of the provisions, amendments to the requirements for approval or use, or a continued exclusion from the HMR. However, PHMSA is proposing an amendment to Sec. 171.25--Additional requirements for the use of the IMDG Code--that would allow limited import and export of FRP UN portable tanks within a single port area. See ``Section V. Section-by- Section Review of NPRM Proposals'' for a discussion of Sec. 171.25 changes. Pressure receptacles: The 22nd revised edition of the UN Model Regulations, the 2023-2024 edition of the ICAO Technical Instructions, and Amendment 41-22 to the IMDG Code [[Page 34571]] amended various definitions and other language concerning the terms ``pressure receptacles'' and associated requirements for assessing conformance of UN cylinders built to ISO standards. PHMSA is not proposing to make changes to the HMR consistent with these amendments. Terminology used in international standards and HMR differ such that an evaluation is necessary to determinate the full impacts beyond merely using consistent terminology. PHMSA may consider making relevant changes regarding UN cylinders as needed in future rulemakings. Aerosol containers: The 22nd revised edition of the UN Model Regulations, the 2023-2024 edition of the ICAO Technical Instructions, and Amendment 41-22 to the IMDG Code adopted maximum internal pressure limits for aerosol containers. Prior to these changes, these international regulations and standards had no specific pressure limits for aerosol containers. PHMSA welcomes this additional safety measure for the transport of aerosol containers, as it makes aerosol containers constructed and filled in accordance with international standards more consistent with existing domestic requirements for aerosol containers, which are subject to internal pressure limits as part of the performance standards for their construction and use. Noting existing differences in the HMR, include the definition for aerosol and the performance standards for their construction and use and thus because of the complexity involved in trying to harmonize the maximum pressure limits, PHMSA is not proposing to adopt these internationally implemented maximum internal pressure limits. Such harmonization would necessitate a review and evaluation beyond the scope of this rulemaking. V. Section-by-Section Review of NPRM Proposals The following is a section-by-section review of proposed amendments to harmonize the HMR with international regulations and standards. 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. PHMSA evaluated updated international consensus standards pertaining to PSNs, hazard classes, PGs, 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 the updated consensus standards would have on safety, when incorporated by reference and with 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. Additionally, as noted above, PHMSA has issued past enforcement discretions authorizing their use of the consensus standards 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 incorporation by reference will maintain the high safety standard currently achieved under the HMR. Therefore, PHMSA proposes to add or revise the following incorporation by reference materials.\\9\\ --------------------------------------------------------------------------- \\9\\ 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 (t)(1), incorporate by reference the 2023- 2024 edition of the ICAO Technical Instructions, to replace the 2021- 2022 edition, which is currently referenced in Sec. Sec. 171.8; 171.22 through 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 international safe transport of dangerous goods by air. The requirements in the 2023-2024 edition have been amended to align better with the 22nd revised edition of the UN Model Regulations and the International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material. Notable changes in the 2023-2024 edition of the ICAO Technical Instructions include new packing and stowage provisions, new and revised entries on its Dangerous Goods List, and editorial corrections. The 2023-2024 edition of the ICAO Technical Instructions is 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 2022 edition of the IMDG Code, Incorporating Amendment 41-22 (English Edition), to replace Incorporating Amendment 40-20, 2020 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 (i.e., by vessel). Notable changes in Amendment 41-22 of the IMDG Code include new packing and stowage provisions, new and revised entries on its 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 9809, Parts 1 through 3. ISO 9809 is comprised of four parts (ISO 9809-1 through 9809-4) and specifies minimum requirements for the material, design, construction, and workmanship; manufacturing processes; and examination and testing at time of manufacture for various types of refillable seamless steel gas cylinders and tubes. PHMSA proposes to incorporate by reference the most recent versions of Parts 1 through 3. Incorporate by reference the third edition of ISO 9809- 1:2019(E), ``Gas cylinders--Design, construction and testing of refillable seamless steel gas cylinders and tubes--Part 1: Quenched and tempered steel cylinders and tubes with tensile strength less than 1100 Mpa'' in paragraph (w)(32). Additionally, PHMSA proposes a sunset date of December 31, 2026, for continued use and phase out of the second edition of ISO 9809-1:2010, which is currently referenced in Sec. 178.37, Sec. 178.71, and Sec. 178.75. Part 1 of ISO 9809 is applicable to cylinders and tubes for compressed, liquefied, and dissolved gases and for quenched and tempered steel cylinders and tubes with a maximum actual tensile strength of less than 1100 MPa, which is equivalent to U.S. customary unit of about 160,000 psi. As part of its periodic review of all standards, ISO reviewed ISO 9809- [[Page 34572]] 1:2010(E) and published an updated version, ISO 9809-1:2019(E), which was published in 2019 and adopted in the 22nd revised edition of the UN Model Regulations. The updated standard has technical revisions including limiting the bend test only for prototype tests. Updating references to this document would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations pertaining to the design and construction of UN cylinders. PHMSA has reviewed this edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and concludes incorporation of the revised third edition will maintain or improve the safety standards associated with its use. Incorporate by reference the third edition of ISO 9809- 2:2019(E), ``Gas cylinders--Design, construction and testing of refillable seamless steel gas cylinders and tubes--Part 2: Quenched and tempered steel cylinders and tubes with tensile strength greater than or equal to 1100 MPa'' in paragraph (w)(35). ISO 9809-2:2019 is the third edition of ISO 9809-2. Additionally, PHMSA proposes a sunset date of December 31, 2026, for continued use and phaseout of the second edition of ISO 9809-2:2010, which is currently referenced in Sec. 178.71, and Sec. 178.75. ISO 9809-2:2019 specifies minimum requirements for the material, design, construction and workmanship, manufacturing processes, examination and testing at time of manufacture for refillable seamless steel gas cylinders and tubes with water capacities up to and including 450 L. Part 2 of ISO 9809 is applicable to cylinders and tubes for compressed, liquefied, and dissolved gases and for quenched and tempered steel cylinders and tubes with an actual tensile strength greater than or equal to 1100 MPa. As part of its periodic review of all standards, ISO reviewed ISO 9809-2:2010 and published an updated version, ISO 9809-2:2019, in 2019; this updated version was adopted in the 22nd revised edition of the UN Model Regulations. The updated standard has technical revisions including expanded cylinder size (i.e., allowed water capacity is extended from below 0.5 L to up to and including 450 L); the introduction of specific batch sizes for tubes; limiting the bend test only for prototype tests; the addition of test requirements for check analysis (tolerances modified); and the addition of new test requirements for threads. Updating references to this document would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations pertaining to the design and construction of UN cylinders. PHMSA has reviewed this edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and concludes incorporation of the revised third edition will maintain or improve the safety standards associated with its use. Incorporate by reference the third edition of ISO 9809- 3:2019(E), ``Gas cylinders--Design, construction and testing of refillable seamless steel gas cylinders and tubes--Part 3: Normalized steel cylinders and tubes'' in paragraph (w)(38). Additionally, PHMSA proposes a sunset date of December 31, 2026, for continued use phaseout of the second edition of ISO 9809-3:2010, which is currently referenced in Sec. 178.71 and Sec. 178.75. ISO 9809-3 is applicable to cylinders and tubes for compressed, liquefied, and dissolved gases and for normalized or normalized and tempered, steel cylinders and tubes. As part of its periodic review of all standards, ISO reviewed ISO 9809- 3:2010 and published an updated version, ISO 9809-3:2019. The updated standard has technical revisions including: a wider scope of cylinders (i.e., allowed water capacity is extended from below 0.5 L up to and including 450 L); the introduction of specific batch sizes for tubes; limiting the bend test only for prototype tests; the addition of test requirements for check analysis (tolerances modified); and the addition of new test requirements for threads. Updating references to the 2019 edition would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations, which added this version pertaining to the design and construction of UN cylinders. PHMSA has reviewed this edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and concludes incorporation of the revised third edition will maintain or improve the safety standards associated with its use. --Incorporate by reference supplemental amendment ISO 10462:2013/Amd 1:2019(E), ``Gas cylinders--Acetylene cylinders--Periodic inspection and maintenance--Amendment 1'' in paragraph (w)(48). This proposed change would add a reference to ISO 10462:2013/Amd 1:2019(E) in Sec. 180.207(d)(3), where ISO 10462:2013 is currently required, and add a sunset date of December 31, 2024, for continued use and phaseout of ISO 10462:2013 without the supplemental amendment. 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. As part of a periodic review of its standards, ISO reviewed ISO 10462:2013, and in June 2019 published a short supplemental amendment, ISO 10462:2013/Amd 1:2019. The supplemental document includes updates such as simplified marking requirements for rejected cylinders. Updating references to this document would align the HMR with documents referenced in the 22nd revised edition of the UN Model Regulations pertaining to the requalification procedures for acetylene UN cylinders. PHMSA has reviewed this edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and concludes the incorporation of the supplemental document maintains the HMR safety standards for use of acetylene cylinders. --Incorporate by reference the third edition of ISO 11117:2019(E), ``Gas cylinders--Valve protection caps and guards--Design, construction and tests'' in paragraph (w)(56). This amendment would authorize the use of the third edition until further notice and add an end date of December 31st, 2026, to the authorization for use of the second edition, ISO 11117:2008 and the associated corrigendum, which are currently referenced in Sec. 173.301b. ISO 11117 specifies the requirements for valve protection caps and valve guards used on cylinders for liquefied, dissolved, or compressed gases. The changes in this revised standard pertain to the improvement of the interoperability of both the valve protection caps and the valve guards, with the cylinders and the cylinder valves. To that end, the drop test, the marking, and test report requirements have been revised and clarified. Updating references to this document would align the HMR with changes adopted in the 22nd revised edition of the UN Model Regulations pertaining to valve protection on UN pressure receptacles. PHMSA has reviewed this edition as part of its regular participation in the review of amendments proposed for the UN Model Regulations and does not [[Page 34573]] expect any degradation of safety standards in association with its use. --Incorporate by reference ISO 11118:2015/Amd 1:2019(E), ``Gas cylinders--Non-refillable metallic gas cylinders--Specification and test methods--Amendment 1'' in paragraph (w)(59). ISO 11118:2015/Amd 1:2019(E) is a short supplemental amendment that is intended to be used in conjunction with ISO 11118:2015, which is currently referenced in Sec. 178.71. This amendment would authorize the use of this supplemental amendment in conjunction with ISO 11118:2015 until further notice and add an end date of December 31, 2026, until which ISO 11118:2015 may continue to be used without this supplemental amendment. ISO 11118:2015, which specifies minimum requirements for the material, design, inspections, construction and workmanship, manufacturing processes, and tests at manufacture of non-refillable metallic gas cylinders of welded, brazed, or seamless construction for compressed and liquefied gases including the requirements for their non-refillable sealing devices and their methods of testing. ISO 11118:2015/Amd 1:2019 corrects the identity of referenced clauses and corrects numerous typographical errors. The amendment also includes updates to the marking requirements in the normative Annex A, which includes clarifications, corrections, and new testing requirements. Updating references to this document would align the HMR with documents referenced in the 22nd revised edition of the UN Model Regulations pertaining to non-refillable UN cylinders. PHMSA has reviewed this amended document as part of its regular participation in the review of amendments proposed for the UN Model Regulations and determined that the added corrections and clarifications provide important additional utility for users of ISO 11118:2015(E) and does not expect any degradation of safety standards in association with its use. --Incorporate by reference ISO 11513:2019, ``Gas cylinders--Refillable welded steel cylinders containing materials for sub-atmospheric gas packaging (excluding acetylene)--Design, construction, testing, use and periodic inspection'' in paragraph (w)(71). ISO 11513:2019 is the second edition of ISO 11513. This amendment would authorize the use of the second edition and add an end date to the authorization for use of the first edition, ISO 11513:2011 (including Annex A), which is currently referenced in Sec. 173.302c, Sec. 178.71, and Sec. 180.207. ISO 11513 specifies minimum requirements for the material, design, construction, workmanship, examination and testing at manufacture of refillable welded steel cyli","truncated":true,"body_characters":281963}