{"operation":"document","citation":"89 FR 25434","title":"Hazardous Materials: Harmonization With International Standards","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-04-10","effective_on":"2024-05-10","summary":"PHMSA is amending the Hazardous Materials Regulations (HMR) 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 PHMSA is also withdrawing the unpublished November 28, 2022, Notice of Enforcement Policy Regarding International Standards on the use of select updated international standards in complying with the HMR during the pendency of this rulemaking.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2024-06956.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2024-06956.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2024-06956","source_url":"https://www.federalregister.gov/documents/2024/04/10/2024-06956/hazardous-materials-harmonization-with-international-standards","body":"Federal Register, Volume 89 Issue 70 (Wednesday, April 10, 2024) [Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)] [Rules and Regulations] [Pages 25434-25490] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2024-06956] [[Page 25433]] Vol. 89 Wednesday, No. 70 April 10, 2024 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; Final Rule Federal Register / Vol. 89 , No. 70 / Wednesday, April 10, 2024 / Rules and Regulations [[Page 25434]] ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) 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 is also withdrawing the unpublished November 28, 2022, Notice of Enforcement Policy Regarding International Standards on the use of select updated international standards in complying with the HMR during the pendency of this rulemaking. DATES: Effective date: This rule is effective May 10, 2024. Voluntary compliance date: January 1, 2023. Delayed compliance date: April 10, 2025. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register on May 10, 2024. FOR FURTHER INFORMATION CONTACT: Steven Andrews, Standards and Rulemaking, or Candace Casey, Standards and Rulemaking, 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. Comment Discussion V. Section-by-Section Review of Amendments 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 Policies and Procedures F. Paperwork Reduction Act G. Unfunded Mandates Reform Act of 1995 H. Environment Assessment I. Privacy Act J. Executive Order 13609 and International Trade Analysis K. National Technology Transfer and Advancement Act L. Executive Order 13211 M. Cybersecurity and Executive Order 14028 N. Severability I. Executive Summary As discussed in further detail in this final rule (see V. Section- by-Section Review of Amendments), the Pipeline and Hazardous Materials Safety Administration (PHMSA) amends certain sections of the Hazardous Materials Regulations (HMR; 49 CFR parts 171 through 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. Furthermore, this final rule addresses the 21 sets of comments received in response to the Notice of Proposed Rulemaking (NPRM) \\1\\ published in May 2023. Overall, the comments to the NPRM were generally supportive of the proposals made; however, PHMSA did receive a few comments seeking further clarification or revisions to the NPRM, which PHMSA also addresses in this final rule. PHMSA expects that the adoption of the regulatory amendments in this final rule will facilitate transportation efficiency while maintaining the high safety standard currently achieved under the HMR. For example, the final rule will update several International Organization for Standards (ISO) standards; revise requirements for the shipping of lithium batteries; and set specification for the construction of Intermediate Bulk Containers (IBCs) constructed from recycled resins. This final rule will also 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 the harmonization of the HMR with international consensus standards could reduce delays and interruptions of hazardous materials during transportation. The amendments may also lower greenhouse gas (GHG) emissions and safety risks, including 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 amendments set forth in this final rule: --------------------------------------------------------------------------- \\1\\ 88 FR 34568 (May 30, 2023). --------------------------------------------------------------------------- Incorporation by Reference: PHMSA is incorporating 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 is amending the Hazardous Materials Table (HMT; 49 CFR 172.101) to add, revise, or remove certain proper shipping names (PSNs), hazard classes, packing groups (PGs), special provisions (SPs), packaging authorizations, bulk packaging requirements, and passenger and cargo-only aircraft maximum quantity limits. Polymerizing Substances: In 2017--as part of the HM-215N final rule \\2\\--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 \\3\\ 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 final rule, PHMSA is removing the phaseout date (January 2, 2023) from the transport provisions for [[Page 25435]] polymerizing substances to allow for continued use of the provisions. --------------------------------------------------------------------------- \\2\\ 82 FR 15796 (Mar. 30, 2017). \\3\\ 85 FR 27810 (May 11, 2020). --------------------------------------------------------------------------- Cobalt dihydroxide powder containing not less than 10 percent respirable particles: PHMSA is adding 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 \\4\\ 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 final rule, PHMSA is adding a new entry for cobalt dihydroxide containing not less than 10 percent respirable particles and assigning it UN3550 in the HMT, in addition to adding packaging provisions, including the authorization to transport this material in flexible IBCs. PHMSA expects these provisions will facilitate the continued transport of this material and keep global supply chains open. See 172.101 of the V. Section-by- Section Review of Amendments for additional discussion of these amendments. --------------------------------------------------------------------------- \\4\\ Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006. --------------------------------------------------------------------------- Lithium Battery Exceptions: PHMSA is removing 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 V. Section-by-Section Review of Amendments for additional discussion of these amendments. All the 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. As further explained in the final regulatory impact analysis (RIA), PHMSA expects that the benefits of each of the amendments (both separately and in the aggregate) in this final rule justify any associated compliance costs. PHMSA estimates that the annualized quantified net cost savings of this rulemaking, using a two percent discount rate, are approximately $6.3 to $14.7 million per year. 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 among nations. Consistency between the HMR and current international standards can also enhance safety by: Ensuring that the HMR are informed by the latest best practices and lessons learned. Improving understanding of, and compliance with, pertinent requirements. 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. 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,\\5\\ 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. --------------------------------------------------------------------------- \\5\\ 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 is revising 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 were published by or in effect on January 1, 2023,\\6\\ while also ensuring the changes are consistent with PHMSA's safety mission. Consequently, PHMSA is incorporating by reference these revised international regulations, several new or updated 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. --------------------------------------------------------------------------- \\6\\ Amendment 41-22 of the IMDG Code became mandatory on January 1, 2024. Voluntary compliance began on January 1, 2023. --------------------------------------------------------------------------- Lastly, PHMSA issued a Notice of Enforcement Policy Regarding International Standards \\7\\ on November 28, 2022, stating that while PHMSA was considering the 2023-2024 Edition of the ICAO Technical Instructions and Amendment 41-22 to the IMDG Code for potential adoption into the HMR, PHMSA and other federal agencies that enforce the HMR--e.g., the Federal Railroad Administration, the Federal Aviation Administration (FAA), the Federal Motor Carrier Safety Administration, and the United States Coast Guard--would 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 [[Page 25436]] the transportation is by air with respect to the ICAO Technical Instructions, or by vessel with respect to the IMDG Code. In addition, that Notice stated PHMSA, and its modal partners, would 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 those updated standards. PHMSA now withdraws its November 28, 2022, Notice of Enforcement Policy Regarding International Standards as of the effective date of this final rule. --------------------------------------------------------------------------- \\7\\ PHMSA, Notice of Enforcement Policy Regarding International Standards (Nov. 28, 2022), 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 \\8\\ 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. Changes to the materials incorporated by reference in the HMR are discussed in detail in the Sec. 171.7 discussion in ``V. Section-by-Section Review of Amendments'' section of this document.'' --------------------------------------------------------------------------- \\8\\ 79 FR 66278 (Nov. 7, 2014). --------------------------------------------------------------------------- IV. Comment Discussion In response to the NPRM, PHMSA received 21 sets of comments from the following organizations and other interested parties: American Association for https://www.regulations.gov/comment/ Laboratory Accreditation (A2LA). PHMSA-2021-0092-0011. Anonymous......................... https://www.regulations.gov/comment/PHMSA-2021-0092-0004 . Airline Pilots Association https://www.regulations.gov/comment/ International (ALPA). PHMSA-2021-0092-0019. Compressed Gas Association (CGA).. https://www.regulations.gov/comment/PHMSA-2021-0092-0010 . Council on Safe Transportation of https://www.regulations.gov/comment/ Hazardous Articles (COSTHA). PHMSA-2021-0092-0015. Dangerous Goods Advisor........... https://www.regulations.gov/comment/PHMSA-2021-0092-0024 . Dangerous Goods Advisory Council https://www.regulations.gov/comment/ (DGAC). PHMSA-2021-0092-0009. Dow Chemical Company.............. https://www.regulations.gov/comment/PHMSA-2021-0092-0014 . Entegris.......................... https://www.regulations.gov/comment/PHMSA-2021-0092-0006 . Entegris.......................... https://www.regulations.gov/comment/PHMSA-2021-0092-0005 . Entegris.......................... https://www.regulations.gov/comment/PHMSA-2021-0092-0007 . Entegris.......................... https://www.regulations.gov/comment/PHMSA-2021-0092-0021 . Entegris.......................... https://www.regulations.gov/comment/PHMSA-2021-0092-0018 . Hexagon Digital Wave, LLC......... https://www.regulations.gov/comment/PHMSA-2021-0092-0022 . Household Commercial Products https://www.regulations.gov/comment/ Association (HCPA). PHMSA-2021-0092-0017. Institute of Hazardous Materials https://www.regulations.gov/comment/ Management (IHMM). PHMSA-2021-0092-0012. Medical Device Transport Council https://www.regulations.gov/comment/ (MDTC). PHMSA-2021-0092-0016. Nordco Inspection Technologies.... https://www.regulations.gov/comment/PHMSA-2021-0092-0022 . PRBA--The Rechargeable Battery https://www.regulations.gov/comment/ Association. PHMSA-2021-0092-0016. Reusable Industrial Packaging https://www.regulations.gov/comment/ Association (RIPA). PHMSA-2021-0092-0008. The Rigid Intermediate Bulk https://www.regulations.gov/comment/ Container Association, Inc. PHMSA-2021-0092-0016. (RIBCA). PHMSA received comments from the A2LA, ALPA, COSTHA, DGAC, HCPA, MDTC, and PRBA, all providing general support for harmonization with international standards with additional support from Entegris, and Hexagon Digital Wave for the incorporation by reference of the ISO standards applicable to cylinders. Comments concerning the compliance date for the phaseout dates for ISO standards, gas mixtures containing fluorine, IBCs manufactured from recycled plastics, and comments outside the scope of this rulemaking are discussed below. All other comments specific to proposed changes to HMR sections are addressed in the ``V. Section-by-Section Review of Amendments'' of this document. A. Comments Outside the Scope of This Rulemaking PHMSA received comments from HCPA and MDTC to reconsider the definition of an aerosol in Sec. 171.8 in order to maintain alignment with international regulations and standards. The commenters note that the United Nations (UN) Model Regulations define an aerosol as an article consisting of a non-refillable receptacle containing a gas, compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder, or in a liquid or gaseous state. The HMR defines an aerosol in Sec. 171.8 as an article consisting of any non-refillable receptacle containing a gas [[Page 25437]] compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder, and fitted with a self- closing release device allowing the contents to be ejected by the gas. PHMSA acknowledges the commenter's concerns over the HMR definition of an aerosol not being harmonized with the UN Model Regulations. However, PHMSA did not propose changes in the NPRM and, therefore, declines to make such revisions in this final rule without further evaluation by PHMSA subject matter experts and an opportunity for stakeholders to comment on the issue. PHMSA will continue to evaluate the potential harmonization of the aerosol definition with the international regulations in conjunction with a petition request from the Consumer Specialty Product Association (CSPA).\\9\\ --------------------------------------------------------------------------- \\9\\ https://www.regulations.gov/docket/PHMSA-2017-0131/document . --------------------------------------------------------------------------- PHMSA received comments from Entegris, Hexagon Digital Wave, and Nordco Inspection Technologies suggesting that ISO 18119:2018, ``Gas Cylinders--Seamless Steel And Seamless Aluminum-Alloy Gas Cylinders And Tubes--Periodic Inspection and Testing,'' be incorporated by reference into Sec. 171.7(w), and that Sec. 180.207(d)(1) and (d)(2) be revised to reference ISO 18119:2018. The commenters note that ISO 6406:2005(E), ``Gas cylinders--Seamless steel gas cylinders--Periodic inspection and testing,'' and ISO 10461:2005(E), ``Gas cylinders--Seamless aluminum- alloy gas cylinders--Periodic inspection and testing,'' have now been superseded by ISO 18119:2018 in the ISO catalogue. Further, the commenters note that at the end of 2024, the UN Model Regulations will no longer acknowledge ISO 6406:2005(E) and 10461:2005(E). PHMSA acknowledges the comments for PHMSA to incorporate by reference ISO 18119:2018 into Sec. 171.7(w), and revise Sec. 180.207 (d)(1) and (d)(2) to reference ISO 18119:2018. However, PHMSA did not propose changes in the NPRM and, therefore, declines to make such revisions in this final rule without further evaluation by PHMSA subject matter experts and an opportunity for stakeholders to comment on the issue. PHMSA has received petitions from both FIBA technologies \\10\\ and Hazmat Safety Consulting \\11\\ proposing to incorporate by reference ISO 18119:2018 into Sec. 171.1, and PHMSA plans to propose this revision in an upcoming rulemaking. --------------------------------------------------------------------------- \\10\\ https://www.regulations.gov/docket/PHMSA-2020-0168/document . \\11\\ https://www.regulations.gov/document/PHMSA-2023-0088-0001 . --------------------------------------------------------------------------- IHMM submitted comments highlighting three accredited professional certifications--the Certified Hazardous Materials Manager (CHMM), the Certified Hazardous Materials Practitioner (CHMP), and the Certified Dangerous Goods Professional (CDGP)--that demonstrate expertise in managing hazardous materials, and recommends that PHMSA require companies transporting hazardous materials to appoint certified professionals responsible for regulatory compliance, similar to the dangerous goods safety advisor required by the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) within the European Union (EU). IHMM believes that in addition to harmonizing standards, governments should harmonize responsibility for the safe transportation of hazardous materials and dangerous goods. IHMM recommends that PHMSA use its authority to require certified professionals oversee compliance at companies engaged in hazardous materials transportation. PHMSA acknowledges the IHMM's comment concerning certified professionals. However, PHMSA did not propose such changes in the NPRM and, therefore, declines to make such revisions in this final rule without further evaluation by PHMSA subject matter experts and an opportunity for stakeholders to comment on the issue. If the commenter has a specific proposal, PHMSA encourages the commenter to submit a petition for rulemaking in accordance with Sec. 106.100 of the HMR. A2LA supports the proposed amendments and actions that are being considered in this rulemaking to be consistent with international standards to harmonize activities and promote greater safety and efficiencies. A2LA also encourages PHMSA to take this a step further by recommending that when testing is required, that laboratories approved under ISO/IEC 17025, ``Testing and calibration laboratories,'' be relied upon for testing activities. A2LA asserts that this will help ensure data generated for HMR compliance is developed by accredited bodies. A2LA adds that this revision would provide and establish a framework for the harmonization of accreditation activities globally. PHMSA acknowledges A2LA's comment concerning laboratories approved under ISO/IEC 17025. However, PHMSA did not propose such changes in the NPRM and, therefore, declines to make such revisions in this final rule without further evaluation by PHMSA subject matter experts and an opportunity for stakeholders to comment on the issue. If the commenter has a specific proposal, PHMSA encourages the commenter to submit a petition for rulemaking in accordance with Sec. 106.100 of the HMR. B. Phaseout Dates for ISO Standards CGA and Entegris submitted comments regarding the proposed incorporation of ISO 11117:2019, ``Gas cylinders--Valve protection caps and guards--Design, construction and tests,'' into Sec. 173.301b(c)(2)(ii). CGA and Entegris note that the language proposed in Sec. 173.301b(c)(2)(ii) of the NPRM removes ISO 11117:2008 and creates a phaseout date of December 31, 2026, for its use. To ensure the continued use of existing caps made to previous editions of ISO 11117, CGA and Entegris suggest a revision to Sec. 173.301b(c)(2)(ii) that more closely aligns with sub-paragraph 4.1.6.1.8 of the 22nd edition of the UN Model Regulations. The revision proposed by CGA and Entegris would make it clear that valve caps manufactured up until December 31, 2026, under ISO 11117:2008 could continue to be used under the HMR. CGA and Entegris add that the proposed text in the NPRM would result in an unnecessary economic burden by mandating the replacement of valve protection caps under the HMR that would remain authorized by the UN Model Regulations. Entegris adds that consideration should be given to permit the use of these older valve caps that adhere to ISO 11117:2008. PHMSA concurs with CGA and Entegris that the intent of the language in the UN Model Regulations was to allow the continued use of the valve protection caps under ISO 11117:2008 provided they are manufactured prior to December 31, 2026. As such, PHMSA is revising the text in Sec. 173.301b(c)(2)(ii) to more closely align with the intent of the UN Model Regulations and allow for the continued use of valve caps manufactured prior to December 31, 2026, under ISO 11117:2008. CGA also provided comments suggesting that PHMSA modify the regulatory text for all the IBR ISO standards in Sec. Sec. 178.71 and 178.75 to permit the manufacturing of UN cylinders conforming to the ISO standards being replaced until December 31, 2026, to better align the HMR with the intent of the 22nd edition of the UN Model Regulations. PHMSA concurs with CGA's comment that the intent of this proposal was to closely align with the phaseout language in the [[Page 25438]] UN Model Regulations. As such, PHMSA has revised the text for the ISO publications in Sec. Sec. 178.71 and 178.75 to better reflect the phaseout dates as intended and represented in the UN Model Regulations. C. Gas Mixtures Containing Fluorine In the NPRM, PHMSA proposed a new special provision for UN pressure receptacles containing fluorine mixed with inert gases. This proposal was intended to provide flexibility for the maximum allowable working pressure for cylinders containing fluorine gas when fluorine is part of a less reactive gas mixture. This revision was supported due to pure fluorine gas being highly reactive and restrictive, while gas mixtures with small amounts of fluorine are less hazardous. The 22nd edition of the UN Model Regulations allows for higher working pressures for cylinders containing gas mixtures of fluorine with inert gases based on the application of partial pressure calculations. In the NPRM, PHMSA proposed to add special provision 441 to Sec. 172.102 to align with revisions made to the UN Model Regulations for gas mixtures containing fluorine. The NPRM assigned special provision 441 to the proper shipping name ``UN1045, Fluorine, compressed'' in the HMT. CGA and Entegris provided comments stating that the proposed special provision 441 in the NPRM should not be applied to ``UN1045, Fluorine, compressed,'' as mixtures of fluorine with inert gases and a fluorine concentration https://www.federalregister.gov/documents/2023/04/14/2023-07869/hazardous-materials-request-for-feedback-on-recycled-plastics-policy . --------------------------------------------------------------------------- V. Section-by-Section Review of Amendments The following is a section-by-section review of amendments to harmonize the HMR with international regulations and standards. [[Page 25439]] 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 will have on safety, when incorporated by reference and with provisions adopted into the HMR. Further, PHMSA notes that some of the consensus standards incorporated by reference within the HMR in this final rule have already been adopted into the regulatory schemes of other countries. Additionally, as noted above, PHMSA has issued past enforcement discretions authorizing the 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. PHMSA received comments from ALPA, CGA, COSTHA, DGAC, Entegris, and Hexagon Digital Wave that were generally supportive of the proposals to incorporate by reference the latest versions of the international standards. Therefore, PHMSA is adding or revising the following incorporation by reference materials.\\14\\ --------------------------------------------------------------------------- \\14\\ 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. --------------------------------------------------------------------------- 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 is incorporating 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 is allowing 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. PHMSA clarified in the ``IV: Comment Discussion'' section of this final rule that the phaseout date of December 31, 2026, applies to the manufacturing of cylinders and tubes with tensile strength below 1100 Mpa under ISO 9809-1:2010. Cylinders manufactured before December 31, 2026, under ISO 9809-1:2010 are authorized under the HMR. 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 9809-1:2010(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 aligns 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 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 is adding 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. PHMSA clarified in the ``Section IV: Comment Discussion'' section of this final rule that the phaseout date of December 31, 2026, applies to the manufacturing of cylinder under ISO 9809-2:2010. Cylinders manufactured before December 31, 2026, under ISO 9809-2:2010 are authorized under the HMR. ISO 9809-2:2019 specifies minimum requirements for the material, design, construction and workmanship; [[Page 25440]] manufacturing processes; and 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","truncated":true,"body_characters":325326}