G/TBT/N/USA/1970  
6 March 2023  
(23-1554) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of 
Transportation (DOT) [2001]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to h andle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Product 
and company certification. Conformity assessment (ICS code(s): 03.120.20); Transport 
(ICS code(s): 03.220); Pollution, pollution control and conservation (ICS code(s): 
13.020.40); Wastes in general (ICS code(s): 13.030.01); Special wastes (ICS code(s): 
13.030.30); Domestic safety (I CS code(s): 13.120); Accident and disaster control (ICS 
code(s): 13.200); Protection against fire (ICS code(s): 13.220); Explosion protection (ICS 
code(s): 13.230); Protection against excessive pressure (ICS code(s): 13.240); 
Protection against dangerous g oods (ICS code(s): 13.300); Alarm and warning systems 
(ICS code(s): 13.320); Test conditions and procedures in general (ICS code(s): 19.020); 
Packaging materials and accessories (ICS code(s): 55.040); Cans. Tins. Tubes (ICS 
code(s): 55.120); Barrels. Drums . Canisters (ICS code(s): 55.140); Production in the 
chemical industry (ICS code(s): 71.020)  
5. Title, number of pages and language(s) of the notified document:  Hazardous 
Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements;  
(31 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking (NPRM) - PHMSA proposes 
amendments to the Hazardous Materials Regulations (HMR) to update, clarify, improve 
the safety of, or streamline various regulatory requirements. Sp ecifically, 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 proposed revisions maintain or 
enhance the existing high level of safety under the HMR while providing clarity and 
appropriate regulatory flexibility in the transport of hazardou s materials.  G/TBT/N/USA/1970  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment; Quality 
requirements; Harmonization; Reducing trade barriers and facilitating trade  
8. Relevant documents:   
88 Federal Register (FR) 13624, 3 March 2023; Title 49  Code of Federal Regulations  (CFR) 
Parts 107, 171, 172, 173, 178, 180: 
https://www.govinfo.gov/content/pkg/FR -2023-03-03/html/2023 -03366.htm  
https://www.govinfo.gov/content/pkg/FR -2023-03-03/pdf/202 3-03366.pdf  
This NPRM is identified by docket number PHMSA -2020-0102. The docket folder is 
available on Regulations.gov  at https://www. regulations.gov/docket/PHMSA -2020-
0102/document , and provides access to primary and supporting documents as well as 
comments received. Documents are also accessible from Regulations.gov  by searching 
the docket n umber. WTO Members and their stakeholders are asked to submit comments 
by or before 4pm Eastern Time  on 2 May  2023 to the USA TBT Enquiry Point . Comments 
received by the USA TBT Enquiry Point  will be shared with the regulator, and if received 
by the comment deadline, submitted to the Docket  on Regulations.gov . 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  2 May 2023; PHMSA will consider late -filed comments to the 
extent possible. WTO Members and their stakeholders are asked to submit comments to 
the USA TBT Enquiry Point by E -Mail to usatbtep@nist.gov . 
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_1670_00_e.pdf