# Hazardous Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements

- **operation:** document
- **citation:** 89 FR 15636
- **title:** Hazardous Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2024-03-04
- **effective on:** 2024-04-03
- **summary:** PHMSA amends the Hazardous Materials Regulations (HMR) to update, clarify, improve the safety of, or streamline various regulatory requirements. Specifically, this rulemaking responds to 18 petitions for rulemaking submitted by the regulated community between May 2018 and October 2020 that requests PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazard communication, and the incorporation by reference of certain documents. These revisions maintain or enhance the existing high level of safety under the HMR while providing clarity and appropriate regulatory flexibility in the transport of hazardous materials.
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Federal Register, Volume 89 Issue 43 (Monday, March 4, 2024) [Federal Register Volume 89, Number 43 (Monday, March 4, 2024)] [Rules and Regulations] [Pages 15636-15668] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2024-03290] [[Page 15635]] Vol. 89 Monday, No. 43 March 4, 2024 Part II Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 Parts 107, 171 et al. Hazardous Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements; Final Rule Federal Register / Vol. 89 , No. 43 / Monday, March 4, 2024 / Rules and Regulations [[Page 15636]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, 172, 173, 178, and 180 [Docket No. PHMSA-2020-0102 (HM-219D)] RIN 2137-AF49 Hazardous Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA amends the Hazardous Materials Regulations (HMR) to update, clarify, improve the safety of, or streamline various regulatory requirements. Specifically, this rulemaking responds to 18 petitions for rulemaking submitted by the regulated community between May 2018 and October 2020 that requests PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazard communication, and the incorporation by reference of certain documents. These revisions maintain or enhance the existing high level of safety under the HMR while providing clarity and appropriate regulatory flexibility in the transport of hazardous materials. DATES: Effective date: This final rule is effective on April 3, 2024. Delayed compliance date: March 4, 2025. Incorporation by reference date: The incorporation by reference of certain publications listed in this final rule is approved by the Director of the Federal Register as of April 3, 2024. FOR FURTHER INFORMATION CONTACT: Steven Andrews, 202-366-8553, Office of Hazardous Materials Standards, 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. Background II. Incorporation by Reference Discussion Under 1 CFR Part 51 III. NPRM: Publication and Public Comments; Executive Order 13924 IV. Discussion of Amendments and Applicable Comments V. Section-by-Section Review VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Orders 12866 and 14094, and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies F. Paperwork Reduction Act G. Unfunded Mandates Reform Act H. Environmental Assessment I. Privacy Act J. Executive Order 13609 and International Trade Analysis K. Executive Order 13211 L. National Technology Transfer and Advancement Act M. Cybersecurity and Executive Order 14028 N. Severability I. Background The Administrative Procedure Act (APA) requires Federal agencies to give interested persons the right to petition an agency to issue, amend, or repeal a rule. (See 5 U.S.C. 553(e).) PHMSA regulations specify that persons petitioning PHMSA to add, revise, or remove a regulation in the Hazardous Materials Regulations (HMR; 49 CFR parts 171 through 180) must file a petition for rulemaking containing adequate support for the requested action. (See 49 CFR 106.100.) PHMSA amends the HMR in response to petitions for rulemaking submitted by shippers, carriers, manufacturers, and industry representatives, and welcomes petitions from any interested stakeholder or member of the public with suggested changes to improve the HMR. PHMSA now finds that these revisions will maintain the high safety standard currently achieved under the HMR while providing clarity and appropriate regulatory flexibility in the transport of hazardous materials. PHMSA also notes that--insofar as adoption of the petitions could reduce delays and interruptions of hazardous materials shipments during transportation--the amendments will 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. A detailed discussion of the petitions and revisions can be found in section III of this final rule. In this final rule, PHMSA revises the HMR to: Allow for appropriate flexibility of packaging options in the transportation of compressed natural gas in cylinders. Streamline the approval application process for the repair of certain DOT specification cylinders. Provide greater clarity on the filling requirements for certain cylinders used to transport hydrogen and hydrogen mixtures. Facilitate international commerce, and streamline packaging and hazard communication requirements by harmonizing the HMR with international regulations to allow the shipment of de minimis amounts of poisonous materials. Provide greater clarity by requiring a specific marking on cylinders to indicate compliance with certain HMR provisions. Streamline hazard communication requirements by allowing appropriate marking exceptions under certain conditions for the transportation of lithium button cell batteries installed in equipment. Provide greater flexibility and accuracy in hazard communication by allowing additional descriptions for certain gas mixtures. Increase the safe transportation of explosives by updating certain Institute of Makers of Explosives (IME) documents currently incorporated by reference. Modify the definition of ``liquid'' to include the test for determining fluidity (penetrometer test) prescribed in the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). Incorporate by reference the Compressed Gas Association's (CGA) publication C-20-2014, ``Requalification Standard for Metallic, DOT and TC 3-series Gas Cylinders and Tubes Using Ultrasonic Examination,'' Second Edition, which will eliminate the need for some existing DOT special permits and allow alternative methods for the requalification of cylinders. This revision would eliminate the need for special permit applications and renewals. Incorporate by reference the updated Appendix A of CGA publication C-7-2020, ``Guide to Classification and Labeling of Compressed Gases,'' Eleventh Edition. Incorporate by reference the CGA publication C-27-2019, ``Standard Procedure to Derate the Service Pressure of DOT 3-Series Seamless Steel Tubes, First Edition.'' Incorporate by reference the CGA publication CGA C-29- 2019, ``Standard for Design Requirements for Tube Trailers and Tube Modules, First Edition.'' Incorporate by reference the CGA publication CGA V-9-2019, [[Page 15637]] ``Compressed Gas Association Standard for Compressed Gas Cylinder Valves, Eighth Edition.'' II. 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 the relevant parts of several standards and specifications developed and published by standard development organizations (SDOs). 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, 15 U.S.C. 272 note) directs Federal agencies to use standards developed by voluntary consensus standards bodies in lieu of government-written standards unless doing so would be inconsistent with applicable law or otherwise impracticable. 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. Consistent with the requirements of the NTTAA and its statutory authorities, 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 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. Regulations of the Office of the Federal Register require that agencies detail in the preamble of a final rule the ways the materials it incorporates by reference are reasonably available to interested parties, or how the agency worked to make those materials reasonably available to interested parties. (See 1 CFR 51.5.) IME standards are free and accessible to the public via the IME website at https://www.ime.org/products/category/safety_library_publications_slps . The CGA references are available for interested parties to purchase in either print or electronic editions through the CGA organization website at https://portal.cganet.com/Publication/index.aspx . The UN manual of test and criteria is available at https://unece.org/fileadmin/DAM/trans/danger/publi/manual/Rev7/Manual_Rev7_E.pdf . The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) can be found at https://unece.org/about-adr . The specific standards are discussed in greater detail in the section-by-section review. The following standards appear in the amendatory text of this document and have already been approved for the locations in which they appear: ASTM D 4359-90, ``Standard Test Method for Determining Whether a Material is a Liquid or a Solid; CGA Technical Bulletin (TB): 2008- 25, ``Design Considerations for Tube Trailers;'' ISO 6406:2005(E), ``Gas cylinders--Seamless steel gas cylinders--Periodic inspection and testing;'' and ISO 16148:2016(E), ``Gas cylinders--Refillable seamless steel gas cylinders and tubes--Acoustic emission examination (AT) and follow-up ultrasonic examination (UT) for periodic inspection and testing.'' III. NPRM: Publication and Public Comments: Executive Order 13924 On March 3, 2023 [88 FR 13624], PHMSA published a notice of proposed rulemaking (NPRM) in the Federal Register, titled ``Hazardous Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements,'' under Docket No. PHMSA-2020-0102 (HM-219D). The NPRM proposed revisions to the HMR in response to 18 petitions for rulemaking submitted to PHMSA by various stakeholders in addition to miscellaneous issues such as special permit procedures and harmonizing the HMR with revisions to the Environmental Protection Agency (EPA) regulations. PHMSA discusses these petitions and revisions in detail in section IV (Discussion of Amendments and Applicable Comments) of the preamble to this final rule. The comment period for the NPRM originally closed on May 3, 2023. On April 6, 2023, PHMSA received a request from Worthington Industries to extend the comment period for the NPRM. In response to the request from Worthington Industries, PHMSA published a document on April 26, 2023 [88 FR 25335], extending the comment period to June 16, 2023. PHMSA received a total of 14 sets of comments from eight separate entities, three of which had submitted petitions that were the basis for HMR amendments proposed in the NPRM. PHMSA received comments from Chemours after the June 16, 2023, deadline. Consistent with 49 CFR 107.70(b), PHMSA considered those late-filed comments given the commenter's interests in the rulemaking and the absence of additional expense or delay resulting from their consideration. An alphabetical list of the persons, companies, and associations that submitted comments to the HM-219D NPRM are listed in the below table: ------------------------------------------------------------------------ Commenter name Docket No. ------------------------------------------------------------------------ Arkema.................................. https://www.regulations.gov/comment/PHMSA-2020-0102-0016 . Chemours................................ https://www.regulations.gov/comment/PHMSA-2020-0102-0015 . Chemours................................ https://www.regulations.gov/comment/PHMSA-2020-0102-0021 . Compressed Gas Association (CGA)........ https://www.regulations.gov/comment/PHMSA-2020-0102-0010 . Council on the Safe Transportation of https://www.regulations.gov/ Hazardous Articles (COSTHA). comment/PHMSA-2020-0102-0011. Dangerous Goods Advisory Council (DGAC). https://www.regulations.gov/comment/PHMSA-2020-0102-0012 . Heating, Air-Conditioning, & https://www.regulations.gov/ Refrigeration Distributors comment/PHMSA-2020-0102-0018. International. Heating, Air-Conditioning, & https://www.regulations.gov/ Refrigeration Distributors comment/PHMSA-2020-0102-0017. International. Institute for the Makers of Explosives.. https://www.regulations.gov/comment/PHMSA-2020-0102-0006 . The Dow Chemical Company................ https://www.regulations.gov/comment/PHMSA-2020-0102-0013 . The Plumbing-Heating-Cooling https://www.regulations.gov/ Contractors--National Association comment/PHMSA-2020-0102-0004. (PHCC). Worthington Industries.................. https://www.regulations.gov/document/PHMSA-2020-0102-0003 0003. Worthington Industries.................. https://www.regulations.gov/comment/PHMSA-2020-0102-0019 . [[Page 15638]] Worthington Industries.................. https://www.regulations.gov/comment/PHMSA-2020-0102-0014 . ------------------------------------------------------------------------ The comments submitted to this docket may be accessed via the docket file numbers listed in the above table, as well as at https://www.regulations.gov . PHMSA developed this final rule in consideration of the comments received to the public docket. IV. Discussion of Amendments and Applicable Comments Based on an assessment of the 18 petitions and two miscellaneous amendments and the comments received in response to the NPRM, PHMSA is amending the HMR as detailed in this section. A. Transportation of Compressed Natural Gas/Methane in UN Pressure Receptacles In its petition (P-1714),\1\ CGA requests that PHMSA consider an amendment to Sec. 173.302b to implement packaging restrictions for the transportation of compressed natural gas (CNG) and methane in United Nations (UN) seamless steel pressure receptacles with a tensile strength greater than 950 MPa. For the purposes of the HMR, ``UN1971, Methane, compressed'' is compressed natural gas that is at least 98 percent methane and free of corroding components. CGA expresses concern regarding the growth in transport of CNG and methane in these packagings, and wants to ensure the safety of the receptacles in this service. --------------------------------------------------------------------------- \1\ P-1714--CGA (PHMSA-2018-0054), https://www.regulations.gov/docket/PHMSA-2018-0054 . --------------------------------------------------------------------------- CGA provides the historical context of PHMSA's predecessor agency imposing similar packaging restrictions for CNG transported in certain DOT specification cylinders. (See Sec. 173.302a(a)(4).) These restrictions were intended to limit the effect of impurities in the CNG, such as hydrogen sulfide, on the structural integrity of the steel used in the manufacture of the cylinders. CGA cites several studies on the corrosive effects of natural gas contaminants on a cylinder and notes that the contaminants are usually noncorrosive in the absence of liquid water. Finally, CGA highlights an October 27, 1977, incident in which two people were killed, four people were injured, and a compressor station was damaged when a DOT specification 3T seamless steel cylinder ruptured while being filled with natural gas contaminated with hydrogen sulfide and water. CGA's specific concern is in regard to UN seamless steel pressure receptacles with ultimate tensile strengths greater than 950 MPa being used for the storage and transportation of CNG. Higher strength UN seamless steel pressure receptacles are susceptible to embrittlement from CNG contaminants and embrittlement makes the receptacles more susceptible to fracture. Currently, use of UN pressure receptacles for CNG and methane in transportation is subject to the general requirements for shipment of compressed gases in Sec. 173.301; additional general requirements of UN pressure receptacles in Sec. 173.301b; and the filling requirements of cylinders with non-liquefied (permanent) gases in Sec. 173.302. However, under current regulations, there are no additional requirements specific to the use of UN pressure receptacles in CNG or methane service. In the NPRM, PHMSA proposed to revise Sec. 173.302b to include conditions for the transportation of CNG and methane in UN stainless steel pressure receptacles. The NPRM referenced content within CGA's petition requesting such revision, stating that natural gas/methane can be safely transported in UN steel pressure receptacles under the following conditions: The product is non-liquefied gas. The UN seamless steel pressure receptacle has a maximum tensile strength not greater than 950 MPa (137,750 psig), and bears an ``H'' mark indicating the cylinder is manufactured from a specific type of steel that is intended to prevent hydrogen embrittlement. Each UN tube has a drain tube. The moisture content and concentration of the corroding components in the product conforms to the requirements in Sec. 173.301b(a)(2). Specifically, the requirements in Sec. 173.301b(a)(2) state that gases or gas mixtures must be compatible with the UN pressure receptacle and valve materials, as prescribed for metallic materials in International Organization for Standardization (ISO) 11114-1:2012(E), ``Gas cylinders--Compatibility of cylinder and valve materials with gas contents.'' In addition, the NPRM included the CGA-requested proposal to include new text that clarifies the requirements for transporting methane gas with a purity of at least 98 percent within a UN seamless steel pressure receptacle. PHMSA also noted in the NPRM that it had previously considered this issue under petition P-1661 \2\ submitted by CGA on July 15, 2015. That petition was denied due to its conflict with the requirements in Sec. 173.302a(a)(4) for DOT specification 3AAX and 3T cylinders when used in methane service. Currently, Sec. 173.302a(a)(4) only allows methane that is non-liquefied; has a minimum purity of 98 percent; and is commercially free from corroding components to be filled in specification (3AX, 3AAX, and 3T) cylinders. PHMSA agreed that DOT specification 3T cylinders with a tensile strength in the range of 135- 155 kilopounds per square inch (ksi) [931-1,069 megapascals per square inch (MPa)] and steel embrittlement can become a safety issue. However, DOT specification 3AX and 3AAX cylinders typically have strength below 135 ksi (931 MPa), and steel embrittlement is usually not a safety concern. --------------------------------------------------------------------------- \2\ P-1661--CGA (PHMSA-2015-0169), https://www.regulations.gov/docket/PHMSA-2015-0169 . --------------------------------------------------------------------------- In its denial letter, PHMSA encouraged CGA to consider a revised petition and limit cylinders to steel strengths below 950 MPa for ISO cylinders made in accordance with ISO 9809-1:2010, ``Gas cylinders-- Refillable seamless steel gas cylinders--Design, construction and testing,'' and IS0 11120, ``Gas cylinders--Refillable seamless steel tubes of water capacity between 150 l and 3000 l--Design, construction and testing'' standards. This is because, had PHMSA proposed P-1661, it would have caused conflicting requirements for methane shipments in specification (3AAX, 3T, etc.) cylinders versus shipments in UN steel cylinders (ISO 9809-1 and ISO 11120 standards). In response to PHMSA's denial of P-1661, CGA submitted a new petition (P-1714) that addresses PHMSA's concerns by not including DOT 3T specification cylinders where steel embrittlement poses an unreasonable risk. As a result of PHMSA's technical review of CGA petition (P-1714), and because it requested regulatory amendments for shipment of methane (including CNG with a methane content of 98 percent or greater) only in UN cylinders, PHMSA determined that the proposals in P-1714 would be limited to pressure receptacles where steel embrittlement is not a safety [[Page 15639]] issue. Additionally, PHMSA notes this revision will align HMR references to UN cylinders with equivalent DOT specification cylinders. PHMSA further agrees that CNG, other than methane, can cause steel embrittlement in seamless steel pressure receptacles with tensile strengths greater than 950 MPa. Therefore, PHMSA believes the changes outlined in the CGA petition P-1714 will improve the safe transportation of CNG. As noted in the NPRM, PHMSA conducted an economic review of this petition and expects these amendments will not result in any material changes in costs or operations for market participants because they are accepted industry practices and address an important safety concern. To the degree that market participants are currently transporting low- purity methane in high-tensile strength receptacles, affected participants would be required to use substitute packaging. Similarly, theses revisions will provide safety benefits to the extent there is any noncompliance with the practice presented by CGA. A more detailed discussion of this economic analysis can be found in the Regulatory Impact Analysis (RIA) posted in the docket to this rulemaking. PHMSA received comments from CGA and DGAC in support of the revisions to Sec. 173.302b(f) as proposed. PHMSA did not receive any comments opposing the proposed revisions. Therefore, PHMSA revises the requirements for transporting CNG with methane in certain UN specification seamless stainless steel cylinders. Amending these requirements will enhance safety by authorizing CNG of less than 98 percent methane only in pressure receptacles where steel embrittlement is unlikely to occur. B. Threading and Repair of Seamless DOT 3-Series Specification Cylinders and Seamless UN Pressure Receptacles In its petition (P-1716),\3\ FIBA Technologies, Inc. (FIBA) requests PHMSA consider a revision to the requirements for repairing seamless DOT 3-series specification cylinders and seamless UN pressure receptacles manufactured without external threads, and also to authorize the performance of this work without requiring prior approval from PHMSA. Specifically, this petition requests that PHMSA authorize machining new threads on a previously manufactured seamless cylinder or seamless UN pressure receptacle without requiring an approval. Further, FIBA requests that PHMSA expand the population of UN pressure receptacles eligible for repair work. Regarding external threads, in accordance with the current Sec. 180.212(b)(2), repair work not requiring prior approval is limited to the ``rethreading'' of DOT specification 3AX, 3AAX, or 3T cylinders, or a UN pressure receptacle mounted in multiple-element gas containers (MEGC).\4\ --------------------------------------------------------------------------- \3\ P-1716--FIBA (PHMSA-2018-0074), https://www.regulations.gov/docket/PHMSA-2018-0074 . \4\ A multiple-element gas container is an assembly of UN cylinders, tubes, or bundles of cylinders interconnected by a manifold and assembled within a framework. The term includes all service equipment and structural equipment necessary for the transport of gases. --------------------------------------------------------------------------- FIBA notes there are older DOT specification 3AAX cylinders that were not equipped with external neck threads at the time of manufacture. These cylinders were manufactured in the 1960s, and were mounted on a semi-trailer by inserting the tube neck into a flange on the semi-trailer bulkhead and then secured in place using set screws. FIBA argues that these methods have been mostly abandoned in favor of a threaded tube neck because a threaded flange and anti-rotation pins provide a more secure connection. Moreover, risk will be reduced by a threaded neck surface and flange connection, rather than a neck with no threads and set screws, because the threaded neck and flange more securely mount the cylinders and tubes within the MEGC or motor vehicle (tube trailer or frame). Set screws do greater damage to the tube than a threaded neck and flange because of the penetration depth required to achieve a secure connection. Section 180.212(b)(2) already allows the repair of damaged threads, which can be so worn as to be the same as a tube manufactured with no outer diameter neck threads. FIBA argues that there is no difference between threads no longer capable of joining the tube neck to the flange and a tube neck having no threads from the start. The same threading process will be performed on the tube with worn threads as the tube with no threads. Additionally, the same CGA C- 23 evaluation process used to determine suitability of the tube neck for rethreading will be used to confirm the suitability of the neck for threading. As noted in the NPRM, PHMSA has conducted a technical review of this petition and now determines that authorizing the threading of DOT 3AX; 3AAX manufactured without external threads; or 3T specification cylinders; or UN pressure receptacles will enhance safety by authorizing a more secure method of connecting MEGC pressure receptacles. PHMSA concludes this is an improvement over the previous method of using set screws to secure the tubes, a process that results in indentations being carved into the tube necks as the tube jostles during transport. Moreover, DOT did not originally authorize the threading of previously manufactured cylinders due to a lack of standardized safe threading practices at the time PHMSA adopted provisions for these cylinders. Lastly, PHMSA concludes that the machining of neck threads or rethreading of seamless UN pressure receptacles should be authorized regardless of whether the receptacle is mounted in a MEGC. As such, standardization in the area of cylinder connections is vital to reducing damage to the cylinder necks and thus to reducing hazardous materials releases. In summary, the technical review of this petition determines the revision will improve safety by ensuring a more secure connection to the motor vehicle. PHMSA has determined that this revision will not impose any costs to industry. Further, it has determined that the changes would provide appropriate regulatory flexibility and potential cost savings (i.e., avoided costs associated with an unnecessary approval application process or use of an outdated securement method) without any impact on safety. A more detailed discussion of this economic analysis of this revision can be found in the RIA posted to the docket for this rulemaking. PHMSA received comments from both CGA and DGAC in support of the revision as proposed. PHMSA did not receive any comments opposing these revisions. Therefore, in this final rule, PHMSA revises Sec. 180.212(b)(2) to allow the machining of external threads on all seamless DOT specification 3AX, 3AAX, or 3T cylinders, or a seamless UN pressure receptacle originally manufactured without external threads. Additionally, PHMSA authorizes the machining of neck threads or rethreading of UN pressure receptacles regardless of whether the receptacle is mounted in a MEGC. C. Clarification of the Requirements for Certain Non-Liquefied Compressed Gases In its petition (P-1717),\5\ FIBA requests that PHMSA consider an amendment to Sec. 173.302a(c) of the HMR for the special filling limits for DOT specification 3A, 3AX, 3AA, and 3AAX cylinders containing Division. 2.1 (flammable) gases. The HM-233F final [[Page 15640]] rule \6\ adopted DOT Special Permit (DOT-SP) 6530 \7\ into the HMR. This revision authorized the transportation in commerce of hydrogen and mixtures of hydrogen with helium, argon, or nitrogen in certain cylinders filled to 10 percent in excess of their marked service pressure. As part of the HM-233F final rule, PHMSA adopted safety control measures in paragraph (c)(3) of Sec. 173.302a instead of paragraph (c). In the NPRM, in response to FIBA's request, PHMSA proposed to amend Sec. 173.302a(c)(3) to clarify that the requirements in Sec. 173.302a(c)(3)(i) and (ii) are independent provisions. FIBA asserts this revision will accurately reflect the technical conditions associated with the design and manufactured properties of DOT specification 3A, 3AX, 3AA, and 3AAX cylinders. --------------------------------------------------------------------------- \5\ P-1717--FIBA (PHMSA-2018-0075), https://www.regulations.gov/docket/PHMSA-2018-0075 . \6\ 81 FR 3635 (Jan. 21, 2016). \7\ DOT SP-6530, https://cms7.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/offer/SP6530.pdf/2018019065/SP6530 . --------------------------------------------------------------------------- FIBA also submitted petition (P-1725) \8\ requesting further amendments to Sec. 173.302a(c), concurrent with those requested in P- 1717. In the NPRM, in response to FIBA's request, PHMSA proposed a requirement that the plus sign (+) be added following the test date marking on a DOT specification 3A, 3AX, 3AA, and 3AAX cylinder filled with hydrogen or mixtures of hydrogen with helium, argon, or nitrogen to signify that the cylinder may be filled to 10 percent in excess of its marked service pressure. Furthermore, FIBA requested that cylinders qualifying for the special filling limit in Sec. 173.302a(c) also be equipped with a pressure relief device (PRD), in accordance with CGA S- 1.1 (2011), rather than the requirements in Sec. 173.302a(c)(4), which could potentially conflict with each other. CGA S-1.1 prescribes standards for selecting the correct PRD to meet the requirements of Sec. 173.301(f) for more than 150 gases. It also provides guidance on when a PRD can be optionally omitted and when its use is prohibited, as well as direction on PRD manufacturing, testing, operational parameters, and maintenance. At the time FIBA submitted P-1725, CGA S- 1.1 (2011) had not been incorporated by reference into the HMR. Since then, the HM-234 final rule \9\ was published, which incorporated by reference CGA S-1.1 (2011) into the HMR and outlines the PRD requirements for cylinders filled with a gas and offered for transportation. --------------------------------------------------------------------------- \8\ P-1725--FIBA (PHMSA-2018-0112), https://www.regulations.gov/docket/PHMSA-2018-0112 . \9\ 85 FR 85380 (Dec. 28, 2020). --------------------------------------------------------------------------- The plus sign marking (+) is associated with a commonly applied provision in the HMR that authorizes a DOT specification cylinder to be filled to 10 percent in excess of its marked pressure. FIBA states that the plus sign marking (+) is an important means of communicating to cylinder refillers that a cylinder can be filled to 10 percent more than its marked service pressure and, thus, should be added to the special filling requirements in Sec. 173.302a(c). As noted in the NPRM, PHMSA conducted a technical review of the proposals in both petitions along with DOT-SP 6530 and the HM-233F final rule. After this review, PHMSA noted in the NPRM that it agrees with FIBA that the safety control measures within DOT-SP 6530 were independent provisions. In the HM-233F final rule, PHMSA intended to adopt those provisions into the HMR as independent provisions and inadvertently adopted two of the safety controls in Sec. 173.302(c)(3)(i) and (ii) as paragraphs of Sec. 173.302a(c)(3). In addition, the NPRM noted that PHMSA concurs that the revision to require the plus sign (+) on DOT specification 3A, 3AX, 3AA, and 3AAX cylinders filled with hydrogen or mixtures of hydrogen with helium, argon, or nitrogen would improve the safety of filling these cylinders by providing clarity on the conditions for special filling limits and helping prevent the overfilling of unauthorized cylinders. Finally, PHMSA noted it agrees that cylinders in hydrogen service that are filled to 10 percent in excess of its marked pressure should be equipped with a PRD that is selected as to type, location, and quantity, and tested in accordance with CGA S-1.1, in the same manner as is generally required for cylinders filled with a gas, in accordance with Sec. 173.301(f), instead of Sec. 173.302a(c)(4). PHMSA determined that CGA S-1.1 provides much greater specificity than Sec. 173.302a(c)(4) about the type of pressure relief device required for a particular gas service. PHMSA now concludes that the amendments associated with P-1717 will provide greater clarity on requirements for cylinder design and manufacture, and will not represent any incremental, quantifiable safety effects because PHMSA already authorizes the transportation in commerce of hydrogen and mixtures of hydrogen with helium, argon, or nitrogen in certain cylinders filled to more than 10 percent of their marked service pressures. These amendments will also not impose any new or incremental cost because they merely reorganize the regulations for clarity. Additionally, while amendments associated with P-1725 would create a new requirement, PHMSA determines this amendment will result in only minimal incremental costs to the industry, and impose only minimal regulatory burden on small businesses or other entities. The additional request that the cylinders qualified for the special filling limit be equipped with pressure relief devices in accordance with CGA S-1.1 will not add any additional cost on affected industries or entities. Currently, Sec. 173.302a(c)(4) contains the same requirements as CGA S-1.1 and therefore the addition of the CGA S-1.1 requirement will not cause any new additional costs beyond those already accounted for previously. A more detailed discussion of the economic analysis of the proposal can be found in the RIA posted to the docket for this rulemaking. PHMSA received a comment from CGA in support of the revision as proposed. PHMSA did not receive any comments in opposition to the proposed revision. Therefore, in this final rule, PHMSA revises Sec. 173.302a(c) to reflect the safety provisions currently in Sec. 173.302a(c)(3)(i) and (ii) are independent material construction requirements under paragraph (c) and as such have separated them into new paragraphs (c)(4) and (5). Moreover, PHMSA adds a requirement in Sec. 173.302a(c)(7) to require the plus sign (+) following the test date marking to indicate compliance with paragraph (c), indicating that the cylinder is allowed to be filled to more than 10 percent of its marked service pressure. Lastly, PHMSA replaces the PRD requirements-- found in current Sec. 173.302a(c)(4)--with a new Sec. 173.302a(c)(6). The new provision requires that cylinders must be equipped with PRDs sized and selected as to type, location, and quantity and tested in accordance with CGA S-1.1 (2011) and Sec. 173.301(f). D. De Minimis Quantities of Poisonous Materials In its petition (P-1718),\10\ the Council on Safe Transportation of Hazardous Articles, Inc. (COSTHA) requests that PHMSA amend Sec. 173.4b to harmonize the de minimis exceptions for Division 6.1, Packing Group (PG) I (no inhalation hazard) materials with international regulations, including the International Civil Aviation Organization Technical [[Page 15641]] Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) and the International Maritime Dangerous Goods Code (IMDG Code). The de minimis exceptions in the HMR provide relief from the general requirements of the HMR for certain hazardous materials shipped in extremely small quantities. The maximum quantity allowed in order to utilize the de minimis exception per inner receptacle is 1 mL for authorized liquids and 1 g for authorized solids. Additionally, the aggregate quantity per package may not exceed 100 mL for liquids and 100 g for solids. The exception also requires cushioning and package testing requirements, along with specific provisions for certain materials. --------------------------------------------------------------------------- \10\ P-1718--COSTHA (PHMSA-2018-0077), https://www.regulations.gov/docket/PHMSA-2018-0077 . --------------------------------------------------------------------------- International harmonization includes adopting changes in the HMR to improve regulatory consistency with international regulations and standards, such as the IMDG Code, the ICAO TI, and the UN Recommendations on the Transport of Dangerous Goods--Model Regulations (UN Model Regulations). Harmonization facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials. Safety is enhanced by creating a uniform framework for compliance. As the volume of hazardous materials transported in international commerce continues to grow, harmonization is increasingly important. Moreover, the Federal Hazardous Materials Transportation Law (HMTA; 49 U.S.C. 5101 et seq.) directs PHMSA to participate in relevant international standard-setting bodies and promotes consistency of the HMR with international transport standards to the extent practicable. The exceptions in the HMR for de minimis quantities were initially adopted in the HM-224D/HM-215J final rule \11\ in Sec. 173.4b of the HMR, and were intended to align with the provisions for de minimis exceptions found in the ICAO Technical Instructions and IMDG Code. However, HM-224D/HM-215J addressed exceptions for de minimis quantities of only Division 6.1, PG II and PG III hazardous materials. As noted in the PHMSA Letter of Interpretation (LOI) reference number (Ref. No.) 17-0138,\12\ PHMSA considered exceptions for de minimis quantities of only Division 6.1, PG II and PG III hazardous materials in response to a petition for rulemaking. --------------------------------------------------------------------------- \11\ 74 FR 2200 (Jan. 14, 2009). \12\ PHMSA LOI 17-0138, https://www.phmsa.dot.gov/regulations/title49/interp/17-0138 . --------------------------------------------------------------------------- In the NPRM, PHMSA proposed to harmonize the scope of the applicability of the de minimis exceptions with what is allowed under the international standards by including Division 6.1, PG I materials (no inhalation hazard). As discussed in the NPRM, a technical review of this petition found the inclusion of de minimis quantities for Division 6.1, PG I (no inhalation hazard) materials into the international regulations can be traced back to working paper ST/SG/AC.10/C.3/2009/ 45,\13\ which was submitted by the United States. Based on the review of this working paper, PHMSA no
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