44944 Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 

1 86 FR 43844 (Aug. 10, 2021). 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 172, 173, 175, 176, 

178, and 180 

[Docket No. PHMSA–2019–0030 (HM–215P)] 

RIN 2137–AF46 

Hazardous Materials: Harmonization 

With International Standards 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: 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. Additionally, PHMSA is 

amending the HMR to allow for better 

alignment with Transport Canada’s 

Transportation of Dangerous Goods 

Regulations. PHMSA is also 

withdrawing the unpublished October 

1, 2020, Notice of Enforcement Policy 

Regarding International Standards on 

use of select updated international 

standards in complying with the HMR 

during the pendency of this rulemaking. 

DATES: 

Effective date: This rule is effective 

August 25, 2022. 

Voluntary compliance date: January 1, 

2021. 

Delayed compliance date: July 26, 

2023. 

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 August 25, 2022. The 

incorporation by reference of certain 

other publications listed in this rule was 

approved by the Director of the Federal 

Register as of May 11, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Candace Casey, Standards and 

Rulemaking, Steven Andrews, 

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. Comment Discussion 

V. Section-by-Section Review of 

Amendments 

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 and Executive 

Order 13272 

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 

I. Executive Summary 

As discussed in further detail in this 

final rule (see the 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 to 180) to maintain alignment 

with international regulations and 

standards by adopting various 

amendments, including changes to 

proper shipping names, hazard classes, 

packing groups, special provisions, 

packaging authorizations, air transport 

quantity limitations, and vessel stowage 

requirements. Furthermore, this final 

rule addresses the 17 sets of comments 

received in response to the Notice of 

Proposed Rulemaking (NPRM) 1

published in August 2021. 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 improve the safe transportation 

of vaccines and other medical materials 

associated with the ongoing response to 

the coronavirus disease 2019 (COVID– 

19) public health emergency, or any 

similar public health emergency that 

may emerge, by removing unnecessary 

regulatory hurdles to the international 

movement of those materials. 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 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: 

• Incorporation by Reference: 

PHMSA is incorporating by reference 

updated versions of the following 

international hazardous materials 

regulations and standards: the 2021– 

2022 Edition of the International Civil 

Aviation Organization Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air (ICAO 

Technical Instructions); Amendment 

40–20 to the International Maritime 

Dangerous Goods Code (IMDG Code); 

the 21st revised edition of the United 

Nations Recommendations on the 

Transport of Dangerous Goods—Model 

Regulations (UN Model Regulations); 

and the International Atomic Energy 

Agency (IAEA) ‘‘Specific Safety 

Requirements Number SSR–6: 

Regulations for the Safe Transport of 

Radioactive Material 2018 Edition’’ 

(SSR–6, Rev.1). PHMSA also 

incorporates by reference several new or 

updated International Organization for 

Standardization (ISO) standards, as well 

as an updated version of the 

Organization for Economic Cooperation 

and Development (OECD) Guidelines for 

the Testing of Chemicals Test No. 431: 

In vitro skin corrosion: reconstructed 

human epidermis (RHE) test method. 

• Transport Canada temporary 

certificates: PHMSA is amending the 

HMR to authorize the highway or rail 

transportation of a hazardous material 

within the United States pursuant to a 

temporary certificate issued under 

Transport Canada’s Transportation of 

Dangerous Goods Regulations (TDG 

Regulations). 

• Hazardous Materials Table: 

PHMSA is amending the Hazardous 

Materials Table (HMT; 49 CFR 172.101) 

to add, revise, or remove certain proper 

shipping names, hazard classes, packing 

groups, special provisions, packaging 

authorizations, bulk packaging 


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Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 44945 

requirements, and passenger and cargo 

aircraft maximum quantity limits. 

• Data loggers: PHMSA is adopting 

provisions for lithium batteries in 

equipment that are attached to or 

contained in packagings, large 

packagings, intermediate bulk 

containers (IBCs), or cargo transport 

units as equipment in use or intended 

for use during transport, such as data 

loggers. Additionally, in response to the 

COVID–19 public health emergency and 

consistent with revisions to the 2021– 

2022 ICAO Technical Instructions, 

PHMSA is adding provisions specific to 

the air transportation of these items 

used in association with shipments of 

COVID–19 pharmaceuticals, including 

vaccines. 

• Removal of metal wall thickness 

requirements for certain metal IBCs: 

PHMSA is removing the minimum wall 

thickness requirements for metal IBCs 

that have a capacity of 1500 liters (L) or 

less. 

• Stabilized fish meal or fish scrap by 

air: PHMSA is authorizing the transport 

of stabilized fish meal or fish scrap 

(UN2216) on passenger and cargo 

aircraft. Currently, when transported as 

a Class 9 material, stabilized fish meal 

or fish scrap is only authorized for 

transportation by vessel. As a part of 

this amendment, PHMSA is also 

expanding the applicability of the 

stabilization requirements currently in 

place for shipments of these materials 

by vessel. 

• UN3549 Category A Medical 

Wastes: PHMSA is adding an entry to 

the HMT for ‘‘UN3549, Medical Waste, 

Category A, Affecting Humans, solid or 

Medical Waste, Category A, Affecting 

Animals only, solid.’’ This entry 

provides an additional shipping 

description for solid materials meeting 

the Category A classification criteria 

that are not appropriate for 

classification in existing entries/classes 

‘‘UN2814, Infectious substances, 

affecting humans, 6.2’’ or ‘‘UN2900, 

Infectious substances, affecting animals 

only, 6.2.’’ Solid medical waste 

containing Category A infectious 

substances generated from the medical 

treatment of humans or veterinary 

treatment of animals (e.g., disposable 

personal protective equipment) may be 

assigned to UN3549. Although PHMSA 

is not adopting certain packaging 

provisions adopted in the UN Model 

Regulations (UNMR), we are assigning 

Special Provision 131—which directs 

shippers to request approval from the 

Associate Administrator, through a 

special permit, prior to transportation— 

to UN3549. Additionally, PHMSA is 

amending certain parts of § 173.134, 

which provides definitions and 

exceptions for Class 6, Division 6.2 

hazardous materials, to include 

references to this new UN number and 

proper shipping name. 

• Additional packagings for 

‘‘UN2211, Polymeric beads, expandable, 

evolving flammable vapor’’ and 

‘‘UN3314, Plastic molding compound in 

dough, sheet or extruded rope form 

evolving flammable vapor’’: PHMSA is 

expanding the authorized packagings for 

polymeric beads and plastic molding 

compound to include combination 

packagings rather than limiting 

packaging options to single packagings. 

• Miscellaneous revisions of 

requirements pertaining to the 

transportation of lithium batteries: 

PHMSA is amending several provisions, 

including, but not limited to, minimum 

size markings and modification of 

stowage requirements for lithium 

batteries including those offered as 

damaged/defective or for disposal/ 

recycling. PHMSA expects the revisions 

will contribute to the safe transportation 

of increased volumes of lithium 

batteries anticipated as a result of the 

increased use of that technology in the 

transportation and other economic 

sectors. 

• Definition of SADT (Selfaccelerating decomposition 

temperature) and SAPT (Selfaccelerating polymerizing temperature): 

PHMSA is amending the definitions of 

SADT and SAPT to clarify that the 

lowest temperature at which these 

chemical reactions may occur in a 

packaging, IBC, or portable tank. 

• Periodic inspection for chemicals 

under pressure: PHMSA is extending 

the periodic inspection, from five to ten 

years, for cylinders that are filled with 

hazardous materials described as 

‘‘UN3500, Chemicals under pressure, 

n.o.s.’’ that are also used as fire 

extinguishing agents. 

• Technical name requirements for 

marine pollutants: PHMSA is amending 

provisions pertaining to the addition of 

technical names to the shipping 

description when transporting 

hazardous materials that contain marine 

pollutants. These amendments aim to 

provide flexibility regarding 

documentation and marking 

requirements, which currently require 

identifying the technical names of 

marine pollutant components in those 

materials. Additionally, PHMSA is 

amending §§ 172.203(l) and 172.322 to 

limit the applicability of requirements 

for specific marine pollutant 

constituents for generic entries 

(indicated by the letter ‘‘G’’ in column 

1 of the Hazardous Materials Table) and 

those containing ‘‘n.o.s.’’ as part of the 

proper shipping names. 

• Stability tests for nitrocellulose: 

PHMSA is adding stability testing 

requirements for nitrocellulose to 

require that these materials meet the 

criteria of the Bergmann-Junk test or 

methyl violet paper test in the UN 

Manual of Tests and Criteria, Appendix 

10. 

Some of the amendments represent 

clear improvements in safety, such as 

nitrocellulose stability testing, 

additional closures for packagings 

intended for pyrophoric materials, and 

on deck stowage requirements for 

lithium batteries transported by vessel 

for disposal, recycling, or those that are 

damaged or defective. Furthermore, all 

of 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. 

Finally, as further explained in the 

Regulatory Impact Analysis (RIA), 

PHMSA calculates that the aggregate 

benefits of the amendments in this final 

rule more than justify their aggregate 

costs. In fact, PHMSA estimates that the 

annualized quantified net cost savings 

of this rulemaking, using a 7 percent 

discount rate, are approximately $24.5 

to $28.3 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 consistent with the promotion 

of safety and the public interest. See 49 

U.S.C. 5120. This statutory mandate 

reflects the importance of international 

standard-setting activity considering the 

globalization of commercial 

transportation of hazardous materials. 

Harmonization of the HMR with those 

efforts can reduce the costs and other 

burdens of complying with multiple or 

inconsistent safety requirements 

between nations. Consistency between 

the HMR and current international 

standards can also enhance safety by: (1) 

ensuring that the HMR is informed by 

the latest best practices and lessons 

learned; (2) improving the 

understanding of—and compliance 

with—pertinent requirements; (3) 

facilitating the smooth flow of 

hazardous materials from their points of 

origin to their points of destination, 

thereby avoiding risks to the public and 

the environment from release of 

hazardous materials from delays or 


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44946 Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 

2 55 FR 52401 (Dec. 21, 1990). 

3Amendment 40–20 to the IMDG Code may be 

voluntarily complied with as of January 1, 2021; 

however, Amendment 39–18 will remain effective 

through May 31, 2022. 4PHMSA, Notice of Enforcement Policy 

Regarding International Standards (Oct. 1, 2020), 

https://www.phmsa.dot.gov/sites/phmsa.dot.gov/ 

files/2020-10/Notice%20of%20Enforcement

%20Policy%20Regarding%20International

%20Standards%20Oct%201%202020.pdf. 

5 86 FR 7019 (Jan. 20, 2021). 

6 86 FR 7229 (Jan. 21, 2021). 

7See, e.g., White House, ‘‘Fact Sheet: President 

Biden Sets 2030 Greenhouse Gas Pollution 

Reduction Target Aimed at Creating Good-Paying 

Union Jobs and Securing U.S. Leadership on Clean 

Energy Technologies’’ (Apr. 21, 2021), https://

www.whitehouse.gov/briefing-room/statementsreleases/2021/04/22/fact-sheet-president-bidensets-2030-greenhouse-gas-pollution-reductiontarget-aimed-at-creating-good-paying-union-jobsand-securing-u-s-leadership-on-clean-energytechnologies/. 

interruptions in the transportation of 

those materials; and (4) enabling 

consistent emergency response 

procedures in the event of a hazardous 

materials incident. 

PHMSA participates in the 

development of international 

regulations and standards for the 

transportation of hazardous materials. It 

also adopts within the HMR 

international standards consistent with 

PHMSA’s safety mission. PHMSA 

reviews and evaluates each 

international standard it considers for 

incorporation within the HMR on its 

own merits, to include the effects on 

transportation safety, the environmental 

impacts, and any economic impacts. 

PHMSA’s goal is to harmonize with 

international standards without 

diminishing the level of safety currently 

provided by the HMR or imposing 

undue burdens on the regulated 

community. 

In a final rule published December 21, 

1990,2 PHMSA’s predecessor—the 

Research and Special Programs 

Administration (RSPA)— 

comprehensively revised the HMR for 

greater consistency with the UNMR. The 

UNMR constitute a set of 

recommendations issued by the United 

Nations Committee of Experts 

(UNSCOE) on the Transport of 

Dangerous Goods and on the Globally 

Harmonized System of Classification 

and Labelling of Chemicals (GHS). The 

UNMR 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. 

PHMSA has evaluated recent updates 

to the international standards and is 

revising the HMR to adopt changes 

consistent with revisions to the 2021– 

2022 Edition of the ICAO Technical 

Instructions, Amendment 40–20 to the 

IMDG Code,3 and the 21st revised 

edition of the UNMR, all of which were 

published by or in effect on January 1, 

2021. PHMSA issued a Notice of 

Enforcement Policy Regarding 

International Standards 4 on October 1, 

2020, stating that while PHMSA is 

considering the 2021–2022 Edition of 

the ICAO Technical Instructions and 

Amendment 40–20 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—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, that Notice stated PHMSA, 

and its modal 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. PHMSA withdraws its 

October 1, 2020, Notice of Enforcement 

Policy Regarding International 

Standards as of the effective date of this 

final rule. Additionally, in response to 

the ongoing global COVID–19 public 

health emergency, on December 31, 

2020, and February 23, 2021, ICAO 

published addenda to the 2021–2022 

Edition of the ICAO Technical 

Instructions to provide additional 

provisions and exceptions to reduce 

regulatory compliance burdens for the 

transport of certain hazardous materials, 

such as alcohols and aerosols used for 

hygienic purposes, by air. PHMSA is 

including those changes to international 

standards in this final rule. Finally, 

PHMSA is incorporating by reference 

these new international regulations and 

standards as well as new requirements 

from the IAEA, ‘‘Specific Safety 

Requirements Number SSR–6: 

Regulations for the Safe Transport of 

Radioactive Material 2018 Edition’’ 

(SSR–6, Rev.1); several new or updated 

ISO standards; and an updated version 

of the OECD Guidelines for the Testing 

of Chemicals Test No. 431: In vitro skin 

corrosion: reconstructed human 

epidermis (RHE) test method. The 

standards incorporated by reference are 

authorized for use for domestic 

transportation, under specific 

conditions, by part 171, subpart C of the 

HMR. 

During PHMSA’s development of the 

final rule, the President issued a series 

of Executive Orders coordinating the 

Federal response to the COVID–19 

public health emergency—a handful of 

those are pertinent to this final rule. 

Specifically, section 2 of Executive 

Order 13987 (‘‘Organizing and 

Mobilizing the United States 

Government to Provide a Unified and 

Effective Response to Combat COVID– 

19 and To Provide United States 

Leadership on Global Health and 

Security’’) 5 contemplates broad-based 

action across the Federal Government to 

‘‘produce, supply, and distribute 

personal protective equipment, 

vaccines, tests, and other supplies for 

the Nation’s COVID–19 response.’’ 

Similarly, Executive Order 14002 

(‘‘Economic Relief Related to COVID–19 

Pandemic’’) 6 directs Federal agencies 

like PHMSA to respond to the economic 

harm caused by the COVID–19 public 

health emergency by promptly 

identifying actions they can take within 

existing authorities to provide economic 

relief to affected persons and 

businesses. Lastly, the President has 

announced ambitious reductions in 

national GHG emissions to combat 

climate change, identifying 

electrification of the transportation and 

other economic sectors—to include 

enabling more widespread use of 

electric storage technologies, such as 

lithium batteries—as a critical element 

of that effort.7

III. Incorporation by Reference 

Discussion Under 1 CFR Part 51 

According to the Office of 

Management and Budget (OMB), 

Circular A–119, ‘‘Federal Participation 

in the Development and Use of 

Voluntary Consensus Standards and in 

Conformity Assessment Activities,’’ 

government agencies must use 

voluntary consensus standards 

wherever practical in the development 

of regulations. 

PHMSA currently incorporates by 

reference into the HMR all or parts of 

several standards and specifications 

developed and published by standard 

development organizations (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) 

directs Federal agencies to use 

standards developed by voluntary 

consensus standards bodies in lieu of 

government-written standards whenever 

possible. Voluntary consensus standards 


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Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 44947 

8https://www.regulations.gov/docket/PHMSA2019-0030/comments. 

9 84 FR 8006 (Mar. 6, 2019). 

10 79 FR 46012 (Aug. 16, 2014). 

11 85 FR 27810 (May 11, 2020). 

bodies develop, establish, or coordinate 

technical standards using agreed-upon 

procedures. OMB issued Circular A–119 

to implement section 12(d) of the 

NTTAA relative to the utilization of 

consensus technical standards by 

Federal agencies. This circular provides 

guidance for agencies participating in 

voluntary consensus standards bodies 

and describes procedures for satisfying 

the reporting requirements in the 

NTTAA. Accordingly, PHMSA is 

responsible for determining which 

currently referenced standards should 

be updated, revised, or removed, and 

which standards should be added to the 

HMR. Revisions to materials 

incorporated by reference in the HMR 

are handled via the rulemaking process, 

which allows for the public and 

regulated entities to provide input. 

The UNMR, the UN Manual of Tests 

and Criteria, the IAEA Regulations for 

the Safe Transport of Radioactive 

Material, and the OECD Guidelines for 

the Testing of Chemicals Test No. 431: 

In vitro skin corrosion: reconstructed 

human epidermis (RHE) test method are 

free and easily accessible to the public 

on the internet, with access provided 

through the parent organization 

websites. The ICAO Technical 

Instructions, IMDG Code, and all ISO 

standard references are available for 

interested parties to purchase in either 

print or electronic versions through the 

parent organization websites. The price 

charged for those standards not freely 

available helps to cover the cost of 

developing, maintaining, hosting, and 

accessing these standards. The specific 

standards are discussed in greater detail 

in ‘‘V. Section-by-Section Review of 

Amendments Section’’ of this 

document. 

IV. Comment Discussion 

In response to the NPRM, PHMSA 

received 17 sets of comments 8 from the 

following persons: 

• Airbus 

• Amazon 

• Anonymous 

• Council on the Safe Transportation of 

Hazardous Articles (COSTHA) 

• Dangerous Goods Advisory Council 

(DGAC) 

• Dow Chemical Company (Dow) 

• Elanore Tessitore 

• Healthcare Waste Institute (HWI) 

• Institute for the Makers of Explosives 

(IME) 

• Luxfer Canada 

• Luxfer Gas Cylinders 

• Medical Device Transport Council 

(MDTC) 

• The Rechargeable Battery Association 

(PRBA) 

• Reggie Valentine 

• Rigid Intermediate Bulk Container 

Association (RIBCA) 

• Reusable Industrial Packaging 

Association (RIPA) 

• Stericycle 

PHMSA received comments from 

Amazon, DGAC, COSTHA, MDTC, and 

PRBA, all providing general support for 

harmonization with international 

standards with additional support from 

Luxfer Gas Cylinders for the 

incorporation by reference of the ISO 

standards applicable to cylinders. In 

addition, PHMSA received a comment 

from IME encouraging expeditious 

adoption of changes to international 

regulations into the HMR. 

Comments concerning the sunset 

provisions for polymerizing substances, 

damaged or defective batteries, 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 a comment from an 

anonymous person noting that PHMSA 

did not propose to update the 

publications referenced in § 173.58(c). 

This section addresses the assignment of 

Class and Divisions for new explosives 

and paragraph (c) specifically addresses 

classification of Division 1.6 explosives. 

The anonymous commenter states the 

provisions of § 173.58(c) are outdated 

relative to the 21st revised edition of the 

UNMR and the UN Manual of Tests and 

Criteria 7th revised edition. The 

anonymous commenter suggests that 

PHMSA review and amend § 173.58(c) 

to maintain alignment with 

international regulations. Specifically, 

the commenter notes that the UN 

provisions (as outlined in the UN 

Manual of Test and Criteria) currently 

specify that explosive substances in 

Division 1.6 articles must be 

‘‘predominantly containing an 

extremely insensitive substance’’ and 

must no longer be ‘‘exclusively 

containing an extremely insensitive 

substance’’ as currently cited in 

§ 173.58(c). Additionally, the 

commenter adds that a Division 1.6 

article fragment impact test has been 

added to the UN provisions (as outlined 

in the UN Manual of Test and Criteria) 

for Division 1.6 articles and that test is 

not cited within § 173.58(c). 

PHMSA acknowledges the 

commenter’s concerns over the testing 

requirements for Division 1.6 explosives 

in § 173.58(c). However, PHMSA did 

not propose changes to this section 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 proposal to revise the regulatory 

text § 173.58(c), PHMSA encourages the 

commenter to submit a petition for 

rulemaking in accordance with 49 CFR 

106.100 and provide specific 

justification that the regulatory text at 

§ 173.58(c) must be updated to mirror 

language in the updated industry 

standards referenced elsewhere in 

§ 173.58. 

In its comments on the NPRM, MDTC 

noted that PHMSA did not address the 

inclusion of Special Provision A201— 

approval of the State of Origin and the 

operator—and other provisions codified 

in the HM–224I Interim Final Rule 

(IFR).9 While PHMSA appreciates the 

comments from MDTC, we are not 

addressing comments to the HM–224I 

IFR in this final rule. PHMSA will 

address and respond to all comments on 

the HM–224I IFR in a future HM–224I 

final rule. 

B. Polymerizing Substances 

Dow and DGAC provided comments 

on the sunset dates for polymerizing 

substances as outlined in a previously 

issued international harmonization final 

rule, HM–215O.10 In HM–215O, 

PHMSA extended the sunset dates to 

January 2, 2023, for polymerizing 

substances to allow PHMSA to complete 

an ongoing research project and analyze 

all comments and data concerning the 

issue submitted to the docket for the 

HM–215O 11 NPRM. Dow and DGAC are 

concerned that the next international 

harmonization rule will be published 

after January 2, 2023, resulting in 

polymerizing substances regulations no 

longer being in effect for transportation 

in accordance with the HMR. PHMSA 

expects to address these concerns 

regarding sunset dates for transportation 

of polymerizing substances in a final 

rule prior to the expiration of the sunset 

dates. 

C. Guidance on Damaged or Defective 

Batteries 

In its comments, MDTC and PRBA 

requested that PHMSA include a note 

from Special Provision 376 of the 

UNMR for determining whether a 

lithium battery is damaged or defective 

within the amendments adopted in this 


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12See the ‘‘Safety Advisory Notice for the 

Disposal and Recycling of Lithium Batteries in 

Commercial Transportation’’ issued on May 17, 

2022, at: https://www.phmsa.dot.gov/news/phmsasafety-advisory-notice-transportation-lithiumbatteries-disposal-or-recycling. 

final rule. The commenters state this 

note will better assist shippers on how 

to evaluate whether a lithium battery is 

considered damaged or defective. 

PHMSA appreciates MDTC and PRBA 

bringing this issue to our attention and 

concurs that more guidance is needed to 

help in the determination of when a 

lithium battery is considered damaged 

or defective. However, the note to 

Special Provision 376 of the UNMR is 

guidance and not prescriptive language 

within that international standard. 

While PHMSA does not believe it is 

appropriate to codify the note to Special 

Provision 376 of the UNMR within the 

HMR currently, PHMSA acknowledges 

the value of the Special Provision 376 

language in providing guidance on the 

shipment of damaged or defective 

batteries. Towards that end, PHMSA has 

issued a safety advisory notice on the 

shipment of damaged or defective 

batteries.12 Within this safety advisory 

notice, PHMSA has paraphrased and 

cited the guidance presented in the note 

to Special Provision 376 of the UNMR 

for determining when a battery is 

damaged or defective. PHMSA 

encourages the shippers of damaged or 

defective batteries to review this notice 

for assistance in the shipment of 

damaged or defective lithium batteries. 

D. Support for PHMSA’s Decision Not 

To Propose Certain Amendments 

DGAC provided comments on 

revisions in the 21st revised edition of 

the UNMR that contain packing 

instructions for several electric battery 

entries in the UNMR. The 21st revised 

edition of the UNMR contains 

amendments to Packing Instruction 

P801, applicable to used batteries 

assigned the following UN numbers: 

‘‘UN2794, Batteries, wet, filled with 

acid, electric storage;’’ ‘‘UN2795, 

Batteries, wet, filled with alkali, electric 

storage;’’ and ‘‘UN3028, Batteries, dry, 

containing potassium hydroxide solid, 

electric storage.’’ These amendments 

were adopted to correct issues unique to 

the UNMR pertaining to the required 

use of stainless-steel boxes and plastic 

bins as packaging for these used 

batteries. DGAC provided comments in 

support of PHMSA’s decision to not 

propose adopting these unique 

packaging requirements into the HMR 

and concurs with PHMSA’s position 

that there is not a sufficient safety 

justification to limit the transport of 

used batteries. DGAC concludes the new 

provisions to P801 for these batteries 

would not substantially improve their 

safe transportation. 

V. Section-by-Section Review of 

Amendments 

The following is a section-by-section 

review of the amendments in this final 

rule. 

A. Part 171 

Section 171.7 

Section 171.7 provides a listing of all 

voluntary consensus standards 

incorporated by reference into the HMR, 

as directed by the NTTAA. For this 

rulemaking, PHMSA evaluated updated 

international consensus standards 

pertaining to proper shipping names, 

hazard classes, packing groups, special 

provisions, packaging authorizations, air 

transport quantity limitations, and 

vessel stowage requirements. PHMSA 

contributed to the development of those 

updated 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 have, in turn, informed 

PHMSA’s evaluation of the effect on 

safety those updated consensus 

standards would have when 

incorporated by reference and their 

provisions adopted into the HMR. 

Further, PHMSA notes that some of the 

consensus standards incorporated by 

reference within the HMR in this 

rulemaking have already been adopted 

into the regulatory schemes of other 

countries, noting again that PHMSA 

itself has issued an enforcement 

discretion authorizing their use as an 

interim strategy for complying with 

current HMR requirements. PHMSA is 

not aware of adverse safety impacts 

from that operational experience. For 

these reasons, PHMSA expects their 

adoption will maintain the high safety 

standard currently achieved under the 

HMR. PHMSA received a comment from 

DGAC in support of these incorporation 

by reference revisions. Therefore, 

PHMSA is adding or revising the 

following incorporation by reference 

materials: 

• In paragraph (s)(1), incorporate by 

reference the 2018 edition of the IAEA 

Regulations for the Safe Transport of 

Radioactive Material, Safety Standards 

Series No. SSR–6 (Rev.1), to replace the 

2012 edition, which is currently 

referenced in §§ 171.22; 171.23; 171.26; 

173.415; 173.416; 173.417; 173.435; and 

173.473. The IAEA regulations establish 

standards of safety for control of the 

radiation, criticality, and thermal 

hazards to people, property, and the 

environment that are associated with 

the transport of radioactive materials. 

Notable changes from the previous 2012 

edition include clarification of certain 

marking requirements, a new group of 

surface contaminated objects SCO–III 

for ‘‘UN2914,’’ and amendments to basic 

radionuclide values (activity of the 

radionuclide as listed in § 173.435) for 

seven specific radionuclides (Ba-135m, 

Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149 

and Tb-161). The Regulations for the 

Safe Transport of Radioactive Material 

are available for download (free PDF) 

and purchase in hard copy on the IAEA 

website at: https://www.iaea.org/ 

publications/12288/regulations-for-thesafe-transport-of-radioactive-material. 

• In paragraph (t)(1), incorporate by 

reference the 2021–2022 edition of the 

ICAO Technical Instructions, to replace 

the 2019–2020 Edition, which is 

currently referenced in §§ 171.8; 171.22; 

171.23; 171.24; 172.101; 172.202; 

172.401; 172.407; 172.512; 172.519; 

172.602; 173.56; 173.320; 175.10, 

175.33; and 178.3. The ICAO Technical 

Instructions specify detailed 

instructions for the safe international 

transport of dangerous goods by air. The 

requirements in the 2021–2022 edition 

have been amended to better align with 

the 21st revised edition of the UNMR 

and the IAEA Regulations for the Safe 

Transport of Radioactive Material. 

Notable changes in the 2021–2022 

edition of the ICAO Technical 

Instructions include new packing and 

stowage provisions, new and revised 

entries on the Dangerous Goods List, 

and editorial corrections. The 2021– 

2022 edition of the ICAO Technical 

Instructions are available for purchase 

on the ICAO website at https://

store.icao.int/en/shop-by-areas/safety/ 

dangerous-goods. 

• In paragraph (v)(2), incorporate by 

reference the 2020 edition of the IMDG 

Code, Incorporating Amendment 40–20 

(English Edition), to replace 

Incorporating Amendment 39–18, 2018 

Edition, which is currently referenced 

in §§ 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 vessel. 

Notable changes in Amendment 40–20 

include new packing and stowage 

provisions, new and revised entries on 

the Dangerous Goods List, and editorial 

corrections. Distributors of the IMDG 

Code can be found on the International 


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Maritime Organization (IMO) website at: 

https://www.imo.org/en/publications/ 

Pages/Distributors-default.aspx. 

• In paragraph (w), incorporate by 

reference or remove the following ISO 

documents to include new and updated 

standards for the specification, design, 

construction, testing, and use of gas 

cylinders: 

—ISO 10156:2017, ‘‘Gas cylinders— 

Gases and gas mixtures— 

Determination of fire potential and 

oxidizing ability for the selection of 

cylinder valve outlets’’ in paragraph 

(w)(38) and referenced in § 173.115. 

ISO 10156 specifies methods for 

determining whether a gas or gas 

mixture is flammable in air and 

whether a gas or gas mixture is more 

or less oxidizing than air under 

atmospheric conditions. It is intended 

to be used for the classification of 

gases and gas mixtures including the 

selection of gas cylinder valve outlets. 

This amendment removes ISO 

10156:2010, third edition, and the 

associated corrigendum (ISO 

10156:2010/Cor.1:2010(E)), from the 

HMR and adds the revised ISO 

10156:2017(E), fourth edition, as the 

former documents have been 

withdrawn by ISO and replaced with 

the updated 2017 versions. As part of 

the five-year periodic review of all 

standards, ISO reviewed ISO 

10156:2010 and published an updated 

version, ISO 10156:2017, which was 

published in September 2017 and 

adopted in the 21st revised edition of 

the UNMR. While many of the edits 

in this 2017 version were editorial 

changes made to suit the ISO 

publication rules, the standard has 

also been supplemented with a test 

method to determine the flammability 

limits of gases and gas mixtures in air 

and a calculation method to 

determine the lower flammability 

limit of a gas mixture. PHMSA 

expects that the latter change will 

enhance safety by providing improved 

instruction on the determination of 

flammability of gases and gas 

mixtures which aids in the proper 

selection of a valve. (See § 173.115 of 

the Section-by-Section Review of 

Amendments for additional 

discussion of this change). 

—ISO 10297:2014/Amd 1:2017, ‘‘Gas 

cylinders—Cylinder valves— 

Specification and type testing’’ in 

paragraph (w)(42) and referenced in 

§§ 173.301b and 178.71. ISO 

published this supplemental 

amendment to the 2014 version of this 

document (i.e., ISO 10297:2014) to 

clarify valve requirements for tubes 

and pressure drums and to correct 

errors found in the 2014 version. 

PHMSA references this amendment in 

§§ 173.301b and 178.71, where use of 

ISO 10297:2014 is required. PHMSA 

reviewed this document and 

determined that the amendments 

provide additional safety benefits for 

hazardous materials in transportation. 

—ISO 10462:2013, ‘‘Gas cylinders— 

Transportable cylinders for dissolved 

acetylene—Periodic inspection and 

maintenance.’’ PHMSA is deleting the 

second edition of ISO 10462 currently 

in paragraph (w)(44) from the list of 

materials incorporated by reference. 

PHMSA requires the use of ISO 10462 

for the requalification of a dissolved 

acetylene cylinder in § 180.207. In 

final rule HM–215N,13 PHMSA 

incorporated by reference the updated 

third edition of ISO 10462; however, 

the rule included a sunset provision 

to allow continued used of this 

second edition until December 31, 

2018. Because this date has since 

passed, and the second edition is no 

longer authorized for use under 

§ 180.207, PHMSA is removing the 

reference to this edition in § 171.7, as 

well as making a conforming revision 

to remove the sunset provision in 

§ 180.207. 

—ISO 11114–1:2012/Amd 1:2017(E), 

‘‘Gas cylinders—Compatibility of 

cylinder and valve materials with gas 

contents—Part 1: Metallic materials— 

Amendment 1.’’ In paragraph (w)(47), 

PHMSA is referencing—ISO 11114– 

1:2012/Amd 1:2017(E), in §§ 172.102, 

173.301b, and 178.71. The 2017 ISO 

11114–1:2012/Amd 1:2017(E) 

document supplements ISO 11114– 

1:2012(E), which provides 

requirements for the selection of safe 

combinations of metallic cylinder and 

valve materials, and cylinder gas 

contents. As part of ISO’s regular fiveyear review of its standards, the 2012 

version of this document was 

amended through the issuance of this 

supplemental document, ISO 11114– 

1:2012/Amd 1:2017(E). The ISO 

11114–1:2012/Amd 1:2017(E) 

document amends the 2012 version 

by providing more explicit 

instructions on the permissible 

concentrations of gases containing 

halogens in aluminum cylinders. It 

also provides amended requirements 

for butylene, hydrogen cyanide, 

hydrogen sulfide and nitric oxide. 

Consequently, the 21st revised edition 

of the UNMR updated all references to 

the 2012 edition to include a 

reference to the supplemental 

amendment (ISO 11114–1:2012/Amd 

1:2017(E)). PHMSA revises the HMR 

likewise, by amending Special 

Provision 379, §§ 173.301b and 178.71 

where ISO 11114–1:2012(E) is 

permitted or required, to also require 

compatibility with ISO 11114–1:2012/ 

Amd 1:2017(E). 

—ISO 11119–1:2012(E), ‘‘Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 1: 

Hoop wrapped fibre reinforced 

composite gas cylinders and tubes up 

to 450 l,’’ found in paragraph (w)(55). 

This document specifies requirements 

for composite gas cylinders and tubes 

between 0.5 L and 450 L water 

capacity, for the storage and 

conveyance of compressed or 

liquefied gases. ISO 11119–1:2012(E) 

is currently incorporated by reference 

in § 178.71; however, PHMSA is 

further incorporating by reference in 

§ 178.75 to allow for the use of this 

ISO standard for specification multielement gas containers (MEGCs). 

—ISO 11119–2:2012(E), ‘‘Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 2: 

Fully wrapped fibre reinforced 

composite gas cylinders and tubes up 

to 450 l with load-sharing metal 

liners’’ found in paragraph (w)(57). 

ISO 11119–2:2012 specifies 

requirements for composite gas 

cylinders and tubes between 0.5 L and 

450 L water capacity, for the storage 

and conveyance of compressed or 

liquefied gases. ISO 11119–2:2012(E) 

is currently incorporated by reference 

in § 178.71; however, PHMSA further 

incorporates by reference in § 178.75 

use of this ISO standard for 

specification MEGCs. 

—ISO 11119–2:2012/Amd.1:2014(E), 

‘‘Gas cylinders—Refillable composite 

gas cylinders and tubes—Design, 

construction and testing—Part 2: 

Fully wrapped fibre reinforced 

composite gas cylinders and tubes up 

to 450 L with load-sharing metal 

liners, Amendment 1’’ found in 

paragraph (w)(58). ISO 11119–2:2012/ 

Amd. 1:2014(E) is currently 

incorporated by reference in § 178.71; 

however, PHMSA further incorporates 

by reference in § 178.75 the use of this 

ISO standard for specification MEGCs. 

This supplemental amendment was 

published to align the drop test 

originally provided in ISO 11119–2 

with the drop test outlined in ISO 

11119–3 ‘‘Gas cylinders of composite 

construction—Specification and test 

methods—Part 3: Fully wrapped fibre 

reinforced composite gas cylinders 

with non-load-sharing metallic or 

non-metallic liners’’. 


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14 1 Bar = 100 kPa = 14.504 psi. 

—ISO 11119–3:2013(E), ‘‘Gas cylinders 

of composite construction— 

Specification and test methods—Part 

3: Fully wrapped fibre reinforced 

composite gas cylinders with nonload-sharing metallic or non-metallic 

liners’’ listed in paragraph (w)(60). 

This document is currently 

incorporated by reference in § 178.71; 

however, PHMSA is additionally 

incorporating by reference in § 178.75. 

ISO 11119–3:2013 specifies 

requirements for composite gas 

cylinders up to 150 L water capacity 

and composite tubes above 150 L 

water capacity and up to 450 L water 

capacity, for the storage and 

conveyance of compressed or 

liquefied gases. 

—ISO 11119–4:2016, ‘‘Gas cylinders— 

Refillable composite gas cylinders— 

Design, construction and testing—Part 

4: Fully wrapped fibre reinforced 

composite gas cylinders up to 150 l 

with load-sharing welded metallic 

liners,’’ in (w)(61), which PHMSA 

references in §§ 178.71 and 178.75. 

This standard provides requirements 

for composite gas cylinders with loadsharing welded liners between 0.5 L 

and 150 L water capacity and a 

maximum test pressure of 450 bar 14

for the storage and conveyance of 

compressed or liquefied gases. 

PHMSA is requiring UN composite 

cylinders and tubes to conform to this 

standard in § 178.71. See 178.71 of 

Section-by-Section Review of 

Amendments for additional 

discussion on this new incorporation 

by reference. 

—ISO 14246:2014/Amd 1:2017, ‘‘Gas 

cylinders—Cylinder valves— 

Manufacturing tests and 

examinations—Amendment 1,’’ in 

paragraph (w)(71). PHMSA is adding 

a reference to this document in 

§ 178.71. This one-page amendment, 

published in 2017, is intended for use 

in conjunction with ISO 14246:2014, 

which specifies the procedures and 

acceptance criteria for manufacturing 

testing and examination of cylinder 

valves that have been manufactured to 

achieve type approval. This 2017 

document amends the 2014 version 

by updating the pressure test and 

leakproofness test specifically for 

acetylene valves. Consequently, the 

21st revised edition of the UNMR 

updated all references to the 2014 

edition to include a reference to the 

supplemental amendment (ISO 

14246/Amd 1:2017). Therefore, 

PHMSA is likewise adding a reference 

to this supplement in § 178.71, which 

requires inspection and testing in 

accordance with ISO 14246:2014. See 

178.71 of the Section-by-Section 

Review of Amendments for additional 

discussion. 

—ISO 17879:2017, ‘‘Gas cylinders— 

Self-closing cylinder valves— 

Specification and type testing,’’ in 

paragraph (w)(75). PHMSA is adding 

a reference to this standard in 

§§ 173.301b and 178.71. This standard 

provides the design, type testing, 

marking, and manufacturing tests and 

examination requirements for selfclosing cylinder valves intended to be 

fitted to refillable transportable gas 

cylinders used to transport 

compressed, liquefied, or dissolved 

gases. 

—ISO 20475:2018, ‘‘Gas cylinders— 

Cylinder bundles—Periodic 

inspection and testing’’ in paragraph 

(w)(77). This standard provides the 

requirements for the periodic 

inspection and testing of cylinder 

bundles containing compressed, 

liquefied, and dissolved gas. PHMSA 

is adding a reference to this standard 

in § 180.207, which provides the 

requirements for requalification of UN 

pressure receptacles. 

—All ISO standards are available for 

preview and purchase at: https://

www.iso.org/standards.html. 

• In paragraph (aa)(3), incorporate by 

reference the updated 2016 version of 

the OECD Guidelines for the Testing of 

Chemicals ‘‘Test No. 431: In vitro skin 

corrosion: reconstructed human 

epidermis (RHE) test method.’’ PHMSA 

is updating the version of OECD 

Guidelines for the Testing of Chemicals 

Test No. 431 referenced in § 173.137, to 

maintain alignment with the UNMR. 

This document is used for the 

identification of corrosive chemical 

substances and mixtures. This updated 

edition includes in vitro methods 

allowing for better differentiation 

between hazard categories, which had 

not been possible under earlier editions 

due to the limited set of well-known in 

vivo corrosive sub-category chemicals 

against which to validate in vitro testing 

results. Therefore, this updated test 

protocol may provide clearer 

distinctions between severe and less 

severe skin corrosives. OECD test 

methods can be found in the OECD 

iLibrary available at: https://www.oecdilibrary.org/. 

• In paragraph (dd), incorporate by 

reference United Nations standards 

including: 

—‘‘Recommendations on the Transport 

of Dangerous Goods—Model 

Regulations,’’ 21st revised edition 

(2019), Volumes I and II, in paragraph 

(dd)(1), which are referenced in 

§§ 171.8; 171.12; 172.202; 172.401; 

172.407; 172.502; 172.519; 173.22; 

173.24; 173.24b; 173.40; 173.56; 

173.192; 173.302b; 173.304b; 178.75; 

and 178.274. The UNMR provide 

framework provisions promoting 

uniform development of national and 

international regulations governing 

the transportation of hazardous 

materials by various modes of 

transport. At its ninth session on 

December 7, 2018, the UNSCOE on 

the Transport of Dangerous Goods and 

on the GHS adopted amendments to 

the UNMR concerning, inter alia: 

electric storage systems (including 

lithium batteries installed in cargo 

transport units and defective 

batteries), explosives, infectious waste 

of Category A, waste gas cartridges, 

harmonization with the 2018 edition 

of IAEA’s Regulations for the Safe 

Transport of Radioactive Material, 

listing of dangerous goods, update of 

LC50 values for some toxic gases, and 

use of in vitro skin corrosion methods 

for classification. Therefore, PHMSA 

is adopting this revised edition in 

order to reflect these important 

updates. 

—The Manual of Tests and Criteria, 7th 

revised edition (2019), in paragraph 

(dd)(2), which is referenced in 

§§ 171.24, 172.102; 173.21; 173.56; 

173.57; 173.58; 173.60; 173.115; 

173.124; 173.125; 173.127; 173.128; 

173.137; 173.185; 173.220; 173.221; 

173.224; 173.225; 173.232; part 173, 

appendix H; 175.10; 176.905; and 

178.274. The Manual of Tests and 

Criteria contains instruction for the 

classification of hazardous materials 

for purposes of transportation 

according to the UNMR. PHMSA 

replaces the sixth revised edition 

(2015) and the sixth revised edition, 

Amendment 1 (2017) with the 7th 

revised edition. The amendments 

adopted in 2018 for the 7th revised 

edition include: a full review of the 

text of the Manual to facilitate its use 

in the context of the GHS; a new test 

under test series 8 to determine the 

sensitiveness of a candidate 

ammonium nitrate, emulsion or 

suspension, or gel, intermediate for 

blasting explosive, to the effect of 

intense localized thermal ignition 

under high confinement; new 

provisions addressing classification of 

polymerizing substances for transport; 

stability tests for nitrocellulose 

mixtures (new Appendix 10); and a 

compilation of classification results 

on industrial nitrocellulose in 

accordance with Chapter 2.17 of the 

GHS, which can be used for the 

classification of industrial 


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15 82 FR 15796 (Mar. 30, 2017). 

nitrocellulose based products (new 

Appendix 11). Additionally, the 

Committee considered that the 

reference to the ‘‘Recommendations 

on the Transport of Dangerous Goods’’ 

in the title of the manual was no 

longer appropriate and decided that 

the manual should be entitled 

‘‘Manual of Tests and Criteria.’’ 

Therefore, PHMSA amends the title of 

this document in the list of reference 

material in § 171.7 to reflect this 

change. Finally, PHMSA is adopting 

this revised edition in order to reflect 

these important updates. 

—‘‘Globally Harmonized System of 

Classification and Labelling of 

Chemicals’’, eighth revised edition 

(2019) in paragraph (dd)(3), which is 

referenced in § 172.401. The GHS 

standard provides a basic scheme to 

identify the hazards of substances and 

mixtures and to communicate the 

hazards. At its ninth session on 

December 7, 2018, the Committee 

adopted a set of amendments to the 

7th revised edition of the GHS which 

include, inter alia: new classification 

criteria, hazard communication 

elements, decision logics, and 

guidance for chemicals under 

pressure; new provisions for the use 

of in vitro/ex vivo data and non-test 

methods to assess skin corrosion and 

skin irritation; miscellaneous 

amendments to clarify the 

classification criteria for Specific 

Target Organ Toxicity; revised and 

further rationalized precautionary 

statements and an editorial revision of 

Sections 2 and 3 of Annex 3; new 

examples of precautionary pictograms 

to convey the precautionary statement 

‘‘Keep out of reach of children’’; a 

new example in Annex 7 addressing 

labelling of sets or kits; and guidance 

on the identification of dust explosion 

hazards and the need for risk 

assessment, prevention, mitigation, 

and hazard communication. 

Therefore, PHMSA is adopting this 

revised edition in order to reflect 

these important updates. 

—‘‘Agreement concerning the 

International Carriage of Dangerous 

Goods by Road,’’ in (dd)(4), which is 

referenced in § 171.23. The 

Agreement concerning the 

International Carriage of Dangerous 

Goods by Road (ADR) outlines 

regulations concerning the 

international carriage of dangerous 

goods by road within the EU and 

other countries that are party to the 

agreement. PHMSA removes 

references to the 2019 edition of the 

ADR, ECE/TRANS/257, and adds 

references to volumes I and II and the 

corrigendum of the 2020 edition, ECE/ 

TRANS/300. The ADR can be 

accessed at: https://www.unece.org/ 

trans/danger/publi/adr/adr_e.html. 

The main changes to the 2020 edition 

include revisions to the P200 

packaging section for cylinders and 

updates to reference various updated 

ISO publications. As such, PHMSA is 

adopting this revised edition in order 

to reflect these important updates. 

The following standards are already 

incorporated by reference in the 

section(s) in which they appear in the 

regulatory text: ISO 10297:1999(E), ISO 

10297:2006(E), ISO 10297:2014(E), ISO 

10461:2005(E), ISO 10462:2013(E), ISO 

10692–2:2001(E), ISO 10692–2:2001(E), 

ISO 11114–1:2012(E), ISO 11114– 

2:2013(E), ISO 11117:1998(E): ISO 

11117:2008(E), ISO 11117:2008/ 

Cor.1:2009(E): ISO 11118(E), ISO 

11118:2015(E), ISO 11119–1(E), ISO 

11119–2(E), ISO 11119–3(E), ISO 

11120(E), ISO 11120:2015(E), ISO 

11513:2011(E), ISO 11621(E), ISO 

11623(E), ISO 11623:2015(E), ISO 

13340:2001(E); ISO 13736:2008(E), ISO 

14246:2014(E), ISO 16111:2008(E), ISO 

16148:2016(E), ISO 17871:2015(E), ISO 

18172–1:2007(E), ISO 20703:2006(E), 

ISO 21172–1:2015(E), ISO 

22434:2006(E), and ISO/TR 

11364:2012(E); European Directive 

2010/35/EU; Transport Canada TDG 

Regulations; Test Nos. 404, 430, and 

435. 

Section 171.8 

Section 171.8 defines terms used 

throughout the HMR that have broad or 

multi-modal applicability. Currently, 

the definitions provided in § 171.8 for 

SADT and SAPT—i.e., ‘‘self-accelerating 

decomposition temperature’’ and ‘‘selfaccelerating polymerization 

temperature’’—only spell out the 

abbreviations and direct users to 

§ 173.21—Forbidden materials and 

packages—for the actual defining 

criteria. In the NPRM, we proposed to 

make editorial changes to improve the 

utility of the definitions of SADT and 

SAPT by providing a clear explanation 

of these terms in the context of 

packaging within the HMR. As such, 

DGAC provided comments in response 

to the NPRM in support of PHMSA’s 

proposed revision of the definitions for 

SADT and SAPT; and confirmed that 

these changes will clarify understanding 

of these terms and assist selection of the 

proper packaging of these materials. 

Therefore, PHMSA is making editorial 

changes to improve the utility of the 

definitions of SADT and SAPT by 

providing a clear explanation of these 

terms in the context of packaging within 

the HMR. 

Section 171.12 

Paragraph (a) of § 171.12 prescribes 

requirements for the use of the TDG 

Regulations for hazardous materials 

transported from Canada to the United 

States, from the United States to 

Canada, or through the United States to 

Canada or a foreign destination. In this 

final rule, PHMSA amends 

§ 171.12(a)(1) to authorize the use of a 

temporary certificate issued by 

Transport Canada for motor carrier or 

rail transportation of a hazardous 

material. 

In a 2017 rulemaking—HM–215N 15— 

PHMSA authorized hazardous materials 

to be offered for transportation or 

transported by motor carrier and rail in 

accordance with an equivalency 

certificate issued by Transport Canada, 

as an alternative to transportation of 

these items under the TDG Regulations 

as provided in § 171.22. The HMR 

amendment resulted from negotiations 

by the U.S.-Canada Regulatory 

Cooperation Council (RCC), a 

government-to-government forum 

established in 2011 by the President of 

the United States and the Canadian 

Prime Minister for PHMSA and 

Transport Canada, respectively, to 

identify and resolve—with input from 

stakeholders—impediments to crossborder transportation of hazardous 

materials. Among the initiatives agreed 

upon by PHMSA and Transport Canada 

within the RCC was modification of 

their respective regulations to ensure 

reciprocal recognition of special permits 

(PHMSA) and certificates (Transport 

Canada) specifying the terms and 

conditions authorizing deviations from 

their respective regulatory requirements 

governing transportation of hazardous 

materials. 

Subsequently, Transport Canada 

recognized PHMSA’s special permits, 

which are issued based on either being 

in the public interest or on the basis that 

the permit provides a demonstrable 

equivalent level of safety. See 

§ 107.105(d). In HM–215N, PHMSA 

revised the HMR to recognize 

equivalency certificates by Transport 

Canada based on a finding of safety 

equivalence with the TDG Regulations. 

That rulemaking did not, however, 

reflect the fact that Transport Canada 

also issues temporary certificates 

authorizing deviation from the TDG 

Regulations on a finding that 

transportation of certain hazardous 

materials is in the public interest. 

Transport Canada issues temporary 

certificates after a technical review by 

its subject matter experts of an 


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16See Transport Canada, ‘‘Approvals—Search by 

Certificate Number,’’ https://wwwapps.tc.gc.ca/SafSec-Sur/3/approvals-approbations/Search

Certificates.aspx (last visited Apr. 16, 2021). 

17See Transport Canada, ‘‘Temporary 

Certificates,’’ https://tc.canada.ca/en/dangerousgoods/temporary-certificates (last visited Apr. 16, 

2021). 

applicant’s supporting documentation 

demonstrating shipment of the 

hazardous material is in the public 

interest. Temporary certificates are of 

limited duration and specify terms and 

conditions—often extensive—to 

mitigate risks to public safety and the 

environment. Transport Canada posts 

all temporary certificates to its publicly 

available website.16

PHMSA has evaluated Transport 

Canada’s practices in reviewing and 

issuing temporary certificates and 

expects that PHMSA’s recognition of 

those certificates for motor carrier or rail 

transportation of hazardous materials 

will not adversely affect safety. As noted 

above, Transport Canada issues those 

certificates only after a technical review 

is completed by its own subject matter 

experts to mitigate residual risks to 

public safety and the environment as 

outlined by the certificates’ terms and 

conditions, including limiting duration 

of those temporary certificates. 

Additionally, other regulatory 

requirements (of Transport Canada or 

PHMSA) not excepted by a temporary 

certificate remain in effect. PHMSA 

further notes that, consistent with the 

HMR’s existing authorization in 

§ 171.12 for reliance on the TDG 

Regulations to authorize certain 

shipments in the United States, the new 

authorization to use a temporary 

certificate applies only for the duration 

of a shipment. In other words, once a 

shipment offered in accordance with a 

temporary certificate reaches its 

destination, any subsequent offering of 

packages imported under a Transport 

Canada temporary certificate must be 

completed in full compliance with the 

HMR. PHMSA’s revisions to § 171.12 

further mitigates risk to public safety 

and the environment by applying only 

to motor carrier and rail. 

The recognition of Transport Canadaissued temporary certificates improves 

cross-border movement of hazardous 

materials responding to the COVID–19 

public health emergency or other future 

emergencies. For example, among the 

temporary certificates recently issued by 

Transport Canada are several 

authorizing exceptions from TDG 

Regulations to enable movement of 

hand sanitizer chemicals and COVID–19 

test samples.17 These revisions to the 

HMR help to ensure that, should 

Transport Canada issue additional 

temporary certificates responding to the 

COVID–19 public health emergency or 

another cross-border threat to public 

safety or the environment, the HMR will 

not be an obstacle to those efforts. Dow, 

DGAC, and COSTHA all provided 

comments in support of the amendment 

to improve cross-border movement of 

hazardous materials. Commenters added 

that this revision will improve efforts in 

responding to the COVID–19 and other 

potential public health emergencies. 

Section 171.23 

Section 171.23 outlines the 

requirements for specific materials and 

packagings transported under the ICAO 

Technical Instructions, IMDG Code, 

Transport Canada TDG Regulations, or 

the IAEA Regulations. It also includes 

provisions that authorize the use— 

under specific conditions—of pi-marked 

pressure vessels, which are pressure 

vessels and pressure receptacles that 

comply with ECE/TRANS/257, the ADR, 

and the EU Directive 2010/35/EU, and 

marked with a pi (p) symbol to denote 

such compliance. PHMSA is amending 

§ 171.23(a) to update the reference to 

ECE/TRANS/257 to: (1) reference the 

2020 edition of this document, ECE/ 

TRANS/300; and (2) reference both 

volumes I and II of the ADR. 

Specifically, § 171.23(a) authorizes 

cylinders that comply with the 

requirements of Packing Instruction 

P200 (packing instruction for cylinders, 

tubes, pressure drums, and bundles of 

cylinders) or P208 (packing instruction 

for Class 2 adsorbed gases) and 6.2 

(requirements for the construction and 

testing of pressure receptacles, aerosol 

dispensers, small receptacles containing 

gas (gas cartridges), and fuel cell 

cartridges containing liquefied 

flammable gas) of the ADR, published in 

2019 as document ECE/TRANS/257. 

Upon review of the 2020 edition of this 

document, ECE/TRANS/300, PHMSA 

did not find any substantive changes to 

the provisions in 6.2, P200, or P208, and 

therefore, does not expect that 

incorporating by reference ECE/TRANS/ 

300 will impose any safety risk or 

economic impact. However, updating 

the version incorporated by reference to 

reflect the edition that is currently in 

force facilitates access to foreign 

markets by U.S. manufacturers and 

businesses. 

B. Part 172 

Section 172.101 Hazardous Materials 

Table (HMT) 

The HMT summarizes terms and 

conditions governing transportation of 

certain hazardous materials under the 

HMR. For each entry, the HMT 

identifies information such as the 

proper shipping name, UN 

identification number, and hazard class. 

The HMT specifies additional 

information or reference requirements 

in the HMR such as hazard 

communication, packaging, quantity 

limits aboard aircraft, and stowage of 

hazardous materials aboard vessels. In 

this final rule, PHMSA amends certain 

entries in the HMT to reflect the 

regulatory amendments discussed below 

in the Section-by-Section Review of 

Amendments. For purposes of the 

Government Publishing Office’s 

typesetting procedures, changes to the 

HMT appear under three sections of the 

HMT: ‘‘remove,’’ ‘‘add,’’ and ‘‘revise.’’ 

Certain entries in the HMT, such as 

those with revisions to the proper 

shipping names, appear as a ‘‘remove’’ 

and ‘‘add.’’ Amendments to the HMT 

include the following: 

New HMT Entries 

• UN0511, Detonators, electronic 

programmable for blasting 

• UN0512, Detonators, electronic 

programmable for blasting 

• UN0513, Detonators, electronic 

programmable for blasting 

• UN3549, Medical Waste, Category A, 

Affecting Humans, solid or Medical 

Waste, Category A, Affecting Animals 

only, solid 

The UNMR contain a new entry to its 

Dangerous Goods List for regulated 

medical waste in Category A (see above 

list for UN3549). In the NPRM, PHMSA 

proposed to add this new entry for this 

proper shipping name and UN number 

and assigning Special Provision 131 to 

inform offerors that an approval is 

required when shipping this material. 

DGAC and HWI provided comments 

supporting the inclusion of a new entry 

in the HMT for ‘‘UN3549, Medical 

Waste, Category A, Affecting Humans, 

solid or Medical Waste, Category A, 

Affecting Animals only, solid.’’ 

However, DGAC and HWI believe that 

PHMSA should include the 

corresponding packing provisions in the 

UNMR associated with ‘‘UN3549, 

Medical Waste, Category A, Affecting 

Humans, solid or Medical Waste, 

Category A, Affecting Animals only, 

solid.’’ DGAC asserts that PHMSA 

should accept the internationally 

recognized packaging for these materials 

as a part of the international 

harmonization process. Both DGAC and 

HWI believe that continuing to require 

special permits or approvals for the 

packaging of these materials does little 

to enhance transportation safety. HWI 

adds that the special permit process can 

take a significant amount of time and 

recommends that PHMSA provide 


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18https://unece.org/fileadmin/DAM/trans/doc/ 

2018/dgac10c3/ST-SG-AC.10-C.3-2018-58e.pdf. 

initial packaging guidance for Category 

A medical wastes, so that generators 

have an immediate, safe, and compliant 

packaging solution. 

PHMSA is adding ‘‘UN3549, Medical 

Waste, Category A, Affecting Humans, 

solid or Medical Waste, Category A, 

Affecting Animals only, solid’’ to the 

HMT in order to provide a more 

detailed proper shipping name for the 

shipment of biological waste. PHMSA 

acknowledges that in biological 

emergency response crises, such as the 

response to Ebola outbreaks, it is critical 

to have approved packagings for 

cleanup of biological waste. However, 

PHMSA asserts that due to the unknown 

nature of any infectious agent that may 

produce a category A biological waste, 

it is necessary to retain greater oversight 

of the safety and operational controls 

associated with approved packagings 

via the special permit process. PHMSA’s 

special permit process can 

accommodate emergency processing of 

applications for instances associated 

with transportation of hazardous 

materials during a public health 

emergency or natural disaster. For these 

reasons PHMSA is not assigning 

baseline packaging provisions in the 

HMT for to the new proper shipping 

name ‘‘UN3549, Medical Waste, 

Category A, Affecting Humans, solid or 

Medical Waste, Category A, Affecting 

Animals only, solid.’’ However, PHMSA 

is assigning Special Provision 131 to 

state that approval from the Associate 

Administrator, through a special permit, 

is required when offering this material 

for transportation. 

PHMSA assigns a new special 

provision, Special Provision 430, to 

specify the appropriate use of this 

proper shipping name. The addition of 

a proper shipping name that more 

specifically describes the material in 

transportation is expected to reduce 

regulatory burdens in shipping this 

material internationally and 

domestically. By limiting the scope of 

transport by way of special provision 

approval requirements for each 

shipment, PHMSA can exercise greater 

oversight of the transport of these 

materials to, from, or within the United 

States. 

PHMSA is adding three new entries 

for the proper shipping name 

‘‘Detonators, electronic programmable 

for blasting’’ with the following new UN 

numbers: UN0511, UN0512, and 

UN0513. These entries were added in 

the 21st revised edition of UNMR as 

result of a proposal from the Australian 

Explosives Industry and Safety Group 

(AEISG) and ensuing discussions held 

by the UN Working Group on 

Explosives (EWG) of the Sub-Committee 

of Experts on the Transport of 

Dangerous Goods in 2017 and 2018.18

AEISG proposed adding new entries in 

the UNMR for electronic detonators to 

distinguish them from electric 

detonators, which have significantly 

different design characteristics. 

The HMT has nine entries for 

detonators—not used for ammunition— 

which include: ‘‘Detonators, nonelectric for blasting,’’ ‘‘Detonators, 

electric for blasting,’’ and ‘‘Detonator 

assemblies, non-electric for blasting,’’ 

which may fall in to one of three hazard 

classes (1.1B, 1.4B, or 1.4S). Under the 

hazardous materials classification 

scheme, based on the existing available 

entries, electronic detonators are 

required to be transported as 

‘‘Detonators, electric for blasting’’ which 

is not the most accurate description. 

While using this name does not pose 

inherent risks during transportation, it 

creates potential for risks in downstream storage, use, and handling 

operations. Because electronic 

detonators are significantly different 

from other electric and non-electric 

detonators, PHMSA is adding new 

entries for these devices rather than 

including them within the existing 

entries for electric detonator types. As 

with other explosives, the proper 

classification of these devices depends 

on packaging and testing, hence new 

entries must include all possible hazard 

classifications (1.1B, 1.4B, and 1.4S). 

For other newly added hazardous 

materials assigned a UN number on the 

Dangerous Goods List in the UNMR, 

PHMSA is adding: UN0511 (1.1B), 

UN0512 (1.4B), and UN0513 (1.4S) to 

the HMT to facilitate proper 

classification and handling across 

governmental and modal jurisdictions. 

PHMSA determined that this change 

provides clarity and enhanced safety by 

adding more specific proper shipping 

names to describe the difference 

between electronic detonators and 

electric detonators. PHMSA received a 

comment from IME in support of 

including these three new hazardous 

materials descriptions for electronic 

detonators in the HMT. 

Column (1) Symbols 

Section 172.101(b) describes column 

(1) of the HMT and symbols providing 

for additional requirements for 

transportation of listed hazardous 

materials that may be indicated in the 

column. As provided in § 172.101(b)(1): 

(1) the symbol ‘‘A’’ identifies a material 

that is subject to the requirements of the 

HMR only when offered or intended for 

transportation by aircraft; (2) the symbol 

‘‘W’’ identifies a material that is subject 

to the requirements of the HMR only 

when offered or intended for 

transportation by vessel; and (3) the 

symbol ‘‘I’’ identifies proper shipping 

names which are appropriate for 

describing materials in international 

transportation. The UNMR were 

amended for consistency with the ICAO 

Technical Instructions to indicate that 

in addition to being regulated by vessel, 

the following entries are also regulated 

for air transport: ‘‘UN1372, Fibers, 

animal or Fibers, vegetable burnt, wet or 

damp,’’ ‘‘UN1387, Wool waste, wet,’’ 

‘‘UN1856, Rags, oily,’’ ‘‘UN1857, Textile 

waste, wet,’’ and ‘‘UN3360, Fibers, 

vegetable, dry.’’ In the case of these 

particular entries, they are forbidden for 

air transport in the ICAO Technical 

Instructions. While reviewing this 

amendment, PHMSA found that all of 

these entries except for ‘‘UN3360, 

Fibers, vegetable, dry,’’ are also 

identified as only being regulated for air 

and vessel transportation as denoted by 

the symbols ‘‘A’’ and ‘‘W’’ in column 

(1). For UN3360, the symbols ‘‘I’’ and 

‘‘W’’ are presently assigned in column 

(1) and the quantity limit in column (9) 

is ‘‘No Limit’’ for both passenger and 

cargo air. This is inconsistent with the 

ICAO Technical Instructions which 

forbid this material for transport by air. 

Therefore, consistent with the ICAO 

Technical Instructions for the UN3360 

entry, PHMSA adds the symbol ‘‘A’’ to 

column (1) and amends column (9) to 

read ‘‘Forbidden.’’ This is further 

consistent with the entries for similar 

materials ‘‘UN1372, Fibers, animal or 

Fibers, vegetable’’ and ‘‘UN1373, Fibers 

or Fabrics, animal or vegetable or 

Synthetic, n.o.s.’’ that are also assigned 

the symbol ‘‘A’’ in column (1) and 

‘‘Forbidden’’ in column (9). PHMSA 

determines that this change will 

facilitate international air transportation 

and save shippers time and costs by 

preventing delayed and rejected 

shipments. 

Column (2) Hazardous Materials 

Descriptions and Proper Shipping 

Names 

Section 172.101(c) describes column 

(2) of the HMT and the requirements for 

hazardous materials descriptions and 

proper shipping names. The UNMR 

contain the entry ‘‘UN3363, Dangerous 

Goods in Articles or Dangerous Goods 

in Machinery or Dangerous Goods in 

Apparatus,’’ in its Dangerous Goods 

List; however, the HMT entry UN3363 

does not include ‘‘Dangerous Goods in 

Articles or,’’ in the proper shipping 

name. PHMSA is adding ‘‘Dangerous 

Goods in Articles or,’’ to the proper 


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19 85 FR 27810 (May 11, 2020). 

shipping name. This change provides 

flexibility for shippers selecting the 

most appropriate proper shipping name 

by adding a third option in the proper 

shipping name associated with this UN 

Number. Additionally, for the proper 

shipping name ‘‘Fuel system 

components (including fuel control 

units (FCU), carburetors, fuel lines, fuel 

pumps)’’ which currently directs HMT 

users to ‘‘see Dangerous Goods in 

Apparatus or Dangerous Goods in 

Machinery’’, PHMSA is amending the 

directions to include a reference to 

‘‘Dangerous Goods in Articles.’’ PHMSA 

expects that these changes will improve 

hazard communication by including a 

more specific description for articles 

containing hazardous materials. 

Additionally, for the entry ‘‘UN2522, 

2-Dimethylaminoethyl methacrylate,’’ 

PHMSA is adding the word ‘‘stabilized’’ 

to this proper shipping name to identify 

this material as a polymerizing 

substance. Discussions held by the 

UNSCOE identified ‘‘UN2522, 2- 

Dimethylaminoethyl-methacrylate’’ as 

having a similar molecular structure and 

polymerization behaviors to ‘‘UN 3302, 

2-Dimethylaminoethyl acrylate, 

stabilized.’’ Under the HMR and 

international regulations, polymerizing 

substances require verification that a 

sufficient level of stabilization is 

provided prior to transportation. This 

requirement for stabilization is also 

indicated by assignment of Special 

Provision 387 in the HMT, which 

PHMSA adds for UN2522. 

Finally, for the entry ‘‘UN3171, 

Battery-powered vehicle or Batterypowered equipment,’’ PHMSA is 

making an editorial change to italicize 

the ‘‘or’’ in the hazardous material 

description. Currently, the ‘‘or’’ is in 

roman type and not italicized. Section 

172.101(c) introductory text instructs 

that proper shipping names are limited 

to those in roman type. Moreover, the 

current form of the entry is such that a 

person may confuse the proper shipping 

name with the whole description and 

not the option of ‘‘Battery-powered 

vehicle’’ or ‘‘Battery-powered 

equipment.’’ Therefore, PHMSA revises 

the entry to read ‘‘Battery-powered 

vehicle or Battery-powered equipment.’’ 

Column (5) Packing Group 

Section 172.101(f) describes column 

(5) of the HMT, which specifies one or 

more packing groups—PG I, II, or III— 

assigned to certain materials. A PG 

designation indicates the required level 

of packaging according to the degree of 

danger presented by hazardous 

materials. PG I indicates the greatest 

level of danger, PG II corresponds to a 

medium level of danger, and PG III 

corresponds to a minor danger. 

In the NPRM, PHMSA proposed to 

remove the assignment of PG II as 

indicated in column (5) for the entry 

‘‘UN3291, Regulated medical waste, 

n.o.s. or Clinical waste, unspecified, 

n.o.s. or (BIO) Medical waste, n.o.s. or 

Biomedical waste, n.o.s., or Medical 

Waste n.o.s.’’ This entry is the only 

entry with a Division 6.2 classification 

that has PG II assigned in column (5). 

HWI provided comments in support 

of harmonizing with international 

standards by removing the assignment 

of PG II from column (5) of the HMT for 

the ‘‘UN 3291, Regulated medical waste, 

n.o.s.’’ entry. However, HWI notes that 

‘‘PG II’’ is currently widely utilized as 

part of the proper shipping description 

marking on regulated medical waste 

containers, of which many of their 

members have a significant inventory. 

HWI seeks confirmation that that 

packages with ‘‘PG II’’ printed on the 

package as part of the proper shipping 

description can still be used 

permissively. 

PHMSA confirms that packages 

marked with ‘‘PG II’’ as part of the 

proper shipping name can permissively 

be used if the package otherwise 

complies with §§ 172.303 and 172.304 

marking requirements. HWI further 

suggests PHMSA clarify that PG II 

containers are still required to meet the 

packaging requirements in § 173.197 

and that the removal of the packing 

group from the HMT does not negate 

authorized packaging at the PG II 

performance level. PHMSA agrees that 

the PG II performance level 

requirements for packaging used for 

regulated medical waste in § 173.197 

would still apply; however, we do not 

believe further clarification is necessary 

as we did not propose changes to the 

packaging provisions. It is clear that 

§ 173.197 is assigned to ‘‘UN3291’’ 

material in the HMT for authorized nonbulk packagings, for example, and that 

the packaging requirements in 

paragraph (b) required UN standard 

packagings at the PG II performance 

level. 

Therefore, PHMSA is amending this 

entry to not include PG II in column (5) 

of the HMT and to align with 

international regulations and 

§ 172.101(f), which specifically states 

that Division 6.2 materials are not 

assigned packing groups in the HMR. 

For packaging purposes, any 

requirement for a specific packaging 

performance level is set out in the 

applicable packaging authorizations of 

part 173. Instead of having PG II 

indicated in Column (5), packaging 

provisions for these materials would 

continue to be outlined in § 173.197. 

PHMSA expects this editorial change 

will maintain the current level of safety 

as no packaging provisions are 

changing. 

Column (6) Label Codes 

Section 172.101(g) describes column 

(6) of the HMT, which contains label 

codes representing the hazard warning 

labels required for specific hazardous 

materials in the HMT. In the HM–215O 

final rule,19 PHMSA added twelve HMT 

entries as part of a classification scheme 

for articles containing hazardous 

materials not otherwise specified by 

name (i.e., n.o.s. entries) in the HMR. 

The entries were inadvertently added 

without label codes in column (6). 

PHMSA is correcting the entries here by 

adding the appropriate label codes to 

the following: 

• UN3537, Articles containing 

flammable gas, n.o.s. 

• UN3538, Articles containing nonflammable, non-toxic gas, n.o.s. 

• UN3539, Articles containing toxic gas, 

n.o.s. 

• UN3540, Articles containing 

flammable liquid, n.o.s. 

• UN3541, Articles containing 

flammable solid, n.o.s. 

• UN3542, Articles containing a 

substance liable to spontaneous 

combustion, n.o.s. 

• UN3543, Articles containing a 

substance which in contact with 

water emits flammable gases, n.o.s. 

• UN3544, Articles containing 

oxidizing substance, n.o.s. 

• UN3545, Articles containing organic 

peroxide, n.o.s. 

• UN3546, Articles containing toxic 

substance, n.o.s. 

• UN3547, Articles containing corrosive 

substance, n.o.s. 

• UN3548, Articles containing 

miscellaneous dangerous goods, n.o.s. 

Column (7) Special Provisions 

Section 172.101(h) describes column 

(7) of the HMT, which assigns special 

provisions for each HMT entry. Section 

172.102 provides for the meaning and 

requirements of the special provisions 

assigned to entries in the HMT. The 

revisions to column (7) of certain entries 

in the HMT are discussed below. Also, 

see § 172.102 of the Section-by-Section 

Review of Amendments below for a 

detailed discussion of the special 

provision amendments addressed in this 

final rule. 

Special Provisions 196 and 197 

PHMSA is adding new Special 

Provision 196 to the following HMT 


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20 78 FR 987 (Jan. 1, 2013). 

entries to outline thermal stability 

testing requirements for their 

transportation: 

• UN0340, Nitrocellulose, dry or wetted 

with less than 25 percent water (or 

alcohol), by mass 

• UN0341, Nitrocellulose, unmodified 

or plasticized with less than 18 

percent plasticizing substance, by 

mass 

• UN0342, Nitrocellulose, wetted with 

not less than 25 percent alcohol, by 

mass 

• UN0343, Nitrocellulose, plasticized 

with not less than 18 percent 

plasticizing substance, by mass. 

PHMSA is assigning new Special 

Provision 197 to the following entries in 

the HMT to outline thermal stability 

testing requirements for their 

transportation: 

• UN2555, Nitrocellulose with water 

with not less than 25 percent water, 

by mass 

• UN2556, Nitrocellulose with alcohol 

with not less than 25 percent alcohol 

by mass, and with not more than 12.6 

percent nitrogen, by dry mass 

• UN2557, Nitrocellulose, with not 

more than 12.6 percent nitrogen, by 

dry mass mixture with or without 

plasticizer, with or without pigment 

• UN3380, Desensitized explosives, 

solid, n.o.s. 

PHMSA received an anonymous 

comment on the proposal to add Special 

Provisions 196 and 197 for 

nitrocellulose products. These special 

provisions are intended to ensure 

nitrocellulose products are tested to 

verify they meet specific stability 

requirements to avoid the danger of selfignition during transportation. The 

commenter notes that the special 

provisions state ‘‘[t]he nitrocellulose 

must meet the criteria of the BergmannJunk test or methyl violet paper test in 

the UN Manual of Tests and Criteria, 

Appendix 10 (IBR, see § 171.7 of this 

subchapter).’’ The commenter supports 

these revisions and believes they will 

ensure that Class 1 and Class 4 

nitrocellulose products are tested to 

verify that the materials meet specific 

stability requirements to avoid the 

danger of self-ignition during 

transportation. 

However, the anonymous commenter 

asserts that the stability of nitrocellulose 

is highly dependent upon storage 

conditions, and such testing at the time 

of manufacture does not necessarily 

guarantee stability during transportation 

(i.e., transportation might happen a 

significant time after manufacturing and 

testing has occurred). Therefore, the 

commenter believes the text of Special 

Provisions 196 and 197 should 

additionally include a time criterion for 

testing nitrocellulose products to 

indicate how recently the testing for 

stability occurred. The commenter 

acknowledges that any time frame 

identified would require a discretionary 

evaluation of risks by PHMSA. 

However, even such discretionary 

decision-making would help ensure 

nitrocellulose products that may have 

decreased stability since testing are not 

put into transportation. 

PHMSA notes that in discussions at 

UN subcommittee meetings, the 

Bergmann-Junk or methyl violet paper 

tests were compared to the normal 

thermal stability test. The overall 

conclusion was that the Bergmann-Junk 

or methyl violet paper tests did a better 

job in determining whether remaining 

nitric acids had been properly washed 

away during manufacture. If the acids 

are properly washed away during 

manufacture (as verified by the testing) 

the materials are unlikely to destabilize 

with time. PHMSA therefore 

understands that there should be low 

risk for future breakdown due to excess 

acids over time such as during storage. 

PHMSA further notes that the 

commenter’s assumption that HMR 

requirements should address the low 

risk of these nitrocellulose products 

degrading over time is in tension with 

the HMR’s approach regarding other 

hazardous materials of similar 

classification. For example, the current 

classification scheme in the HMR 

requires thermal stability testing before 

explosives are approved for 

transportation, but it does not explicitly 

require batch-specific testing every time 

a new shipment is made. The HMR 

places the responsibility on the 

manufacturer or offeror to ensure each 

batch is the same as the formulation that 

was approved. This means manufacturer 

or offeror often conducts a variety of 

tests on each batch for quality assurance 

purposes. Similarly, the classification 

scheme in the HMR makes no 

guarantees that materials approved for 

transportation can be stored for 

extended periods of time in any possible 

condition before subsequent 

transportation under their original 

approval. The HMR places 

responsibility on the offeror to ensure 

that their material has not decomposed 

or destabilized over time prior to 

transportation. Additionally, the burden 

lies with the offeror to ensure that the 

material does not need to be 

reclassified. Lastly, explosives that are 

known to be unstable or no longer meet 

the acceptance criteria would be 

considered forbidden explosives under 

§ 173.54. Therefore, PHMSA does not 

agree with the commentor that a time 

frame is necessary for the stability 

testing required by Special Provisions 

196 and 197. 

Special Provision 360 

PHMSA is assigning Special Provision 

360 to the following HMT entries: 

• UN3481, Lithium ion batteries, 

contained in equipment or packed 

with equipment including lithium ion 

polymer batteries 

• UN3091, Lithium metal batteries, 

contained in equipment or packed 

with equipment including lithium 

alloy batteries 

Special Provision 360 instructs that 

vehicles only powered by lithium 

batteries must be assigned the 

identification number UN3171. See 

SECTION 172.102 SPECIAL 

PROVISIONS for further discussion of 

Special Provision 360. 

Special Provision 387 

PHMSA is assigning Special Provision 

387 to the HMT entry for ‘‘UN2522, 2- 

Dimethylaminoethyl methacrylate.’’ 

Special Provision 387 provides 

additional instructions for hazardous 

materials stabilized by chemical or 

temperature controls to ensure a level of 

stabilization prior to transportation 

sufficient to prevent the material from 

dangerous polymerization. The rationale 

for this change is discussed further 

below. 

Portable Tank Special Provisions 

PHMSA is removing and reserving 

Special Provisions TP39 and T41 for the 

PG II entry for ‘‘UN2381, Dimethyl 

disulfide’’ and the PG I entry for 

‘‘UN3148, Water-reactive liquid, n.o.s.’’ 

respectively, as the transition period for 

continued use of certain portable tanks 

has expired. In the HM–215L final 

rule,20 PHMSA added Special 

Provisions TP39 and TP41 to provide 

more time for portable tank transporters 

to transition their fleets in compliance 

with portable-tank specific requirements 

in Special Provisions T4 and T9. Special 

Provision TP39 authorized continued 

use of portable tank requirements in 

Special Provision T4 until December 31, 

2018. Special Provision TP41 

authorized the continued use of portable 

tank instruction T9 until December 31, 

2018. Since that date has passed, TP39 

and TP41 are no longer necessary. 

Column (9) Quantity Limitations 

Section 172.101(j) explains the 

purpose of column (9) in the HMT. 

Column (9) specifies quantity 

limitations for packages transported by 


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air and rail. Column (9) is divided into 

two columns: Column (9A) provides 

quantity limits for passenger aircraft/ 

rail; and column (9B) provides quantity 

limits for cargo aircraft. The revisions 

only address transportation by aircraft, 

as the UNMR did not contemplate any 

changes to the limitations for 

transportation via rail. 

The ICAO Technical Instructions have 

added provisions allowing ‘‘UN2216, 

Fish meal, stabilized or Fish scrap, 

stabilized’’ to be transported by aircraft 

when also meeting the provisions of 

ICAO Special Provision A219. 

Consistent with the ICAO Technical 

Instructions, PHMSA is amending 

Column 9 for this entry to indicate 

quantity limits for passenger and cargo 

aircraft of 100 kg and 200 kg, 

respectively. 

As a conforming amendment, PHMSA 

also revises the § 173.218 packaging 

requirements for fish meal and fish 

scrap to reflect the authorization to 

transport this material by aircraft in 

addition to vessel. See SECTION 

173.218 of the Section-by-Section 

Review of Amendments for further 

detail. 

Column (10) Vessel Stowage 

Section 172.101(k) explains the 

purpose of Column (10) of the HMT and 

prescribes the vessel stowage and 

segregation requirements for specific 

entries. Column (10) is divided into two 

columns: Column (10A) [Vessel 

stowage] specifies the authorized 

stowage locations on board cargo and 

passenger vessels; and Column (10B) 

[Other provisions] specifies special 

stowage and segregation provisions. 

In Column (10A) for the entry for 

‘‘UN3135, Water-reactive solid, selfheating, n.o.s., PG I,’’ consistent with 

the IMDG Code, PHMSA is amending 

the assigned stowage category from ‘‘E’’ 

to ‘‘D.’’ This revision means the material 

must be stowed ‘‘on deck only’’ on a 

cargo vessel or on a passenger vessel 

carrying a number of passengers limited 

to the greater of 25 passengers total or 

one passenger for each 3 meters of 

overall vessel length; transport is 

prohibited on a passenger vessel in 

which those passenger limits have been 

exceeded. Stowage category ‘‘E’’ is 

currently assigned to this material 

which allows ‘‘under deck’’ storage. The 

IMDG Code previously only authorized 

this material for transportation with the 

approval of the competent authority 

through the application of Special 

Provision 76. The IMDG Code has 

removed this special provision and the 

associated approval requirement and 

provided all necessary transport 

provisions for this commodity. This 

revision is consistent with the stowage 

category for other Division 4.3, PG I, 

materials with subsidiary hazards that 

are also assigned stowage category ‘‘D’’ 

for ‘‘on deck only’’ stowage and the 

IMDG Code assigned stowage category. 

For the ‘‘UN2900, Infectious substances, 

affecting animals only’’ and ‘‘UN2814, 

Infectious substances, affecting 

humans,’’ PHMSA is amending the 

assigned stowage category from ‘‘B’’ to 

‘‘E.’’ This revision allows ‘‘on deck’’ or 

‘‘under deck’’ stowage but does not 

allow stowage onboard when the 

number of passengers exceeds 25. This 

revision aligns with the IMDG Code 

assignment of this stowage category to 

these materials and is not expected to 

materially change the nature of 

authorized transport options for these 

materials. 

Additionally, consistent with 

revisions to the IMDG Code, PHMSA 

makes numerous revisions to the special 

stowage and segregation provisions 

indicated in column (10B) of the HMT, 

labeled ‘‘other provisions.’’ PHMSA is 

assigning stowage code 52, which 

requires stowage ‘‘separated from’’ 

acids, to several entries in the HMT that 

are in a group of chemicals called 

alcoholates. Segregation from acids is 

currently not required by the HMR for 

these materials. However, alcoholates 

are strong alkaline substances that react 

vigorously with acids. Stowage code 52 

is assigned to the following HMT 

entries: 

• UN1289, Sodium methylate solutions 

in alcohol 

• UN1431, Sodium methylate 

• UN3206, Alkali metal alcoholates, 

self-heating, corrosive, n.o.s. 

• UN3274, Alcoholates solution, n.o.s., 

in alcohol 

For the entries ‘‘UN2900, Infectious 

substances, affecting animals only’’ and 

‘‘UN2814, Infectious substances, 

affecting humans,’’ PHMSA is adding 

stowage codes 13 and 95 and new 

stowage code 155. Stowage codes 13 

and 95 require keeping material as dry 

as reasonably practicable and stowage 

‘‘separated from’’ foodstuffs. The IMDG 

Code has varying levels of stowage 

either ‘‘away from’’ or ‘‘separated from’’ 

foodstuffs depending on the type of 

shipment (e.g., containerized or breakbulk). PHMSA is adding the more 

restrictive ‘‘separated from,’’ regardless 

of the type of shipment. The stowage of 

these materials separated from 

foodstuffs is expected to prevent 

inadvertent cross contamination of 

foodstuffs. New stowage code 155 

requires vessel carriers to keep handling 

of the packages to a minimum and to 

inform the appropriate public health 

authority or veterinary authority where 

persons or animals may have been 

exposed to the package contents. 

Additionally, this handling restriction 

and communication requirement may 

facilitate reducing exposure and 

contract tracing surrounding UN2814 

packages that contain COVID–19 

materials. Except for the general 

‘‘separated from’’ language, these 

revisions are consistent with IMDG 

Code requirements. 

Additionally, for the PG III entry of 

‘‘UN3129, Water-reactive liquid, 

corrosive, n.o.s.,’’ and for the PG II and 

III entries for ‘‘UN3132, Water-reactive 

solid, flammable, n.o.s.,’’ and ‘‘UN3135, 

Water-reactive solid, self-heating, 

n.o.s.,’’ which are all water reactive 

Division 4.3 materials, PHMSA is 

adding stowage code 85 to column 

(10B). Stowage code 85 requires ‘‘under 

deck’’ stowage in mechanically 

ventilated spaces. This revision is 

intended to ensure that if the cargo is 

stowed under deck, adequate 

mechanical ventilation is provided. 

Mechanical ventilation is important to 

ensure any potentially dangerous gases 

or vapors released are expelled from the 

cargo hold and not allowed to build up 

below deck. 

PHMSA adds stowage code 156 to the 

lithium battery entries ‘‘UN3090, 

Lithium metal batteries,’’ ‘‘UN3091, 

Lithium metal batteries contained in 

equipment, or Lithium metal batteries 

packed with equipment,’’ ‘‘UN3480, 

Lithium ion batteries,’’ and ‘‘UN3481, 

Lithium ion batteries contained in 

equipment or Lithium ion batteries 

packed with equipment’’ in the HMT in 

column (10B). This new stowage code 

assignment requires that, in lieu of the 

stowage category A assigned in column 

(10A) in the current HMR which allows 

stowage ‘‘on deck’’ or ‘‘under deck,’’ 

lithium batteries that are offered in 

transportation for purposes of disposal 

or recycling, or that are offered under 

damaged, defective, or recalled 

provisions (see § 173.185(f) of the HMR), 

are required to be stowed in accordance 

with stowage category C which requires 

‘‘on deck only’’ stowage on cargo and 

passenger vessels. PHMSA expects that 

this new stowage code will enhance the 

safety of shipment of lithium batteries 

expected from anticipated increases in 

use of lithium batteries in the 

transportation and other economic 

sectors in the years ahead. PHMSA 

received a comment from MDTC in 

support of this proposal. 

PHMSA adds stowage code 157 to 

column (10B) for numerous entries in 

the HMT. Stowage code 157 requires 

aerosols, small receptacles containing 

gas, or gas cartridges transported for 


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purposes of recycling or disposal, to be 

stowed in accordance with stowage 

category C, which requires ‘‘on deck 

only’’ stowage, and be clear of living 

quarters. This stowage code requirement 

is in lieu of the stowage category A 

assigned in column (10A) in the current 

HMR allowing ‘‘on deck’’ or ‘‘under 

deck’’ stowage. PHMSA adds new 

stowage code 157 to the following 

entries in the HMT: 

• UN1950, Aerosols, corrosive, Packing 

Group II or III, (each not exceeding 1 

L capacity) 

• UN1950, Aerosols, flammable, (each 

not exceeding 1 L capacity) 

• UN1950, Aerosols, flammable, n.o.s. 

(engine starting fluid) (each not 

exceeding 1 L capacity) 

• UN1950, Aerosols, non-flammable, 

(each not exceeding 1 L capacity) 

• UN1950, Aerosols, poison, Packing 

Group III (each not exceeding 1 L 

capacity) 

• UN2037, Gas cartridges, (flammable) 

without a release device, nonrefillable 

• UN2037, Receptacles, small, 

containing gas or gas cartridges 

(flammable) without release device, 

not refillable and not exceeding 1 L 

capacity 

• UN2037, Receptacles, small, 

containing gas or gas cartridges (nonflammable) without release device, 

not refillable and not exceeding 1 L 

capacity 

• UN2037, Receptacles, small, 

containing gas or gas cartridges 

(oxidizing), without release device, 

not refillable and not exceeding 1 L 

capacity 

Section 172.102 Special Provisions 

Section 172.102 lists special 

provisions applicable to the 

transportation of specific hazardous 

materials. Special provisions contain 

various provisions including packaging 

requirements, prohibitions, and 

exceptions applicable to particular 

quantities or forms of hazardous 

materials. PHMSA is making the 

following revisions to the special 

provisions in this section: 

Special Provision 47 

Special Provision 47 allows mixtures 

of solids that are not subject to the HMR 

and Class 3 flammable liquids to be 

transported as flammable solid material 

described as ‘‘UN3175, Solids 

containing flammable liquid, n.o.s., 

4.1,’’ without applying the Division 4.1 

classification criteria. This classification 

is permitted provided that there is no 

free liquid visible at the time the 

material is loaded or at the time the 

packaging is closed. In addition to 

providing classification testing relief for 

these items, this special provision 

provides further relief from the HMR for 

packets and articles, generally referred 

to as small inner packagings, if they 

contain less than 10 mL of a Class 3 

liquid (in Packing Group II or III) and if 

the liquid is absorbed (i.e., no free liquid 

in the packet or article) onto a solid 

material. This special provision is 

widely used for articles such as alcohol 

wipes, and due to the ongoing COVID– 

19 public health emergency, these items 

are being transported in increasing 

numbers to meet demand. While many 

of these wipes, depending on how they 

are packed, meet the conditions of this 

special provision and qualify for 

exception from regulation, confusion 

around the wording of the packaging 

conditions to qualify for the exception 

has led to an editorial amendment in the 

ICAO Technical Instructions. 

On December 31, 2020, in an 

addendum to the 2021–2022 edition of 

the ICAO Technical Instructions, 

Special Provision A46 was amended to 

remove a reference to ‘‘small inner 

packaging’’ related to the sealed packets 

and articles. Prior to this amendment— 

and as currently provided in the HMR 

in Special Provision 47—it reads that to 

be excepted from the HMR, ‘‘small inner 

packagings consisting of sealed packets 

and articles containing less than 10 mL 

of a Class 3 liquid in Packing Group II 

or III absorbed onto a solid material are 

not subject to this subchapter provided 

there is no free liquid in the packet or 

article.’’ The phrasing is ambiguous 

enough that shippers may misinterpret 

the language as instructing them to pack 

small inner packagings with the sealed 

packets or articles. Instead, the intent of 

‘‘small inner packagings’’ was to 

describe sealed packets and articles. The 

amendment to Special Provision A46 in 

the ICAO Technical Instructions is 

consistent with other provisions in the 

ICAO Technical Instructions; for 

example, Special Provision A158 clearly 

states that sealed packets and articles 

containing less than 10 mL of an 

environmentally hazardous liquid are 

not subject to the requirements when 

certain conditions are met. PHMSA 

agrees with the amendment made in the 

ICAO Technical Instructions removing 

the reference to ‘‘small inner 

packagings’’ to avoid confusion and 

makes the same revision in Special 

Provision 47 to clarify the exception 

within the HMR. PHMSA expects this 

clarification will facilitate the transport 

of hygienic products intended to 

prevent the spread of COVID–19. 

Special Provision 134 

Special Provision 134 provides 

instruction on the use of the HMT entry 

‘‘UN3171, Battery-powered vehicle or 

Battery-powered equipment,’’ 

stipulating that it applies only to 

vehicles or equipment powered by wet 

batteries, sodium batteries, lithium 

metal batteries, or lithium ion batteries 

that are transported with these batteries 

installed. PHMSA amends language in 

Special Provision 134 to clarify its use 

in connection with lithium batteries 

installed in cargo transport units. Under 

this amendment, these items are 

described by a separate entry in the 

HMT, specifically, ‘‘UN3536, Lithium 

batteries installed in cargo transport 

unit’’ for which there are unique 

transportation requirements that do not 

apply to transport of battery-powered 

vehicles or equipment. PHMSA also 

amends the language in this special 

provision to replace the phrase 

‘‘consigned under’’ with the phrase 

‘‘described using’’ to provide a more 

easily-accessible, plain language 

understanding of the requirement. 

These amendments will clarify the 

requirements for packaging, marking, 

and transport of lithium batteries and 

ensure safe transport. 

Special Provision 135 

Special Provision 135 provides 

instruction for selecting the appropriate 

proper shipping name for vehicles with 

internal combustion engines powered 

by various fuel sources, such as a 

flammable gas, flammable liquid, or fuel 

cell. PHMSA amends Special Provision 

135 to specify that lithium batteries 

installed in cargo transport units 

(UN3536), which are designed only to 

provide power external to the transport 

unit, may not be classified as an internal 

combustion engine installed in a 

vehicle. PHMSA expects that adding 

this clarifying language will avoid 

misclassifying lithium batteries in cargo 

transport units. Additionally, consistent 

with revisions to Special Provision 134, 

PHMSA amends the language in this 

special provision to replace the phrase 

‘‘consigned under’’ with the phrase 

‘‘described using’’ to the entries to 

provide consistency across similar 

provisions and improve understanding 

of the requirement. 

Special Provision 136 

Special Provision 136 provides 

instructions regarding the use of the 

HMT entry ‘‘UN3363, Dangerous Goods 

in Apparatus or Dangerous Goods in 

Machinery’’ and indicates that this UN 

number and the associated proper 

shipping names are only applicable to 


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21https://unece.org/fileadmin/DAM/trans/doc/ 

2018/dgac10c3/UN-SCETDG-53-INF22e.pdf. 22 79 FR 46012 (Aug. 16, 2014). 

machinery and apparatus containing 

hazardous materials as an integral 

element of the machinery or apparatus. 

In light of the addition of ‘‘Dangerous 

Goods in Articles’’ to the list of 

acceptable proper shipping names for 

UN3363 (see § 172.101 of the Sectionby-Section Review of Amendments), 

PHMSA revises this special provision to 

add the words ‘‘articles’’ where 

machinery and apparatus are 

mentioned. PHMSA expects this 

revision to improve consistency across 

HMR provisions where UN3363 is 

discussed, thus enhancing safety. 

Special Provision 147 

Special Provision 147, assigned to 

UN3375, provides instruction on the 

description and classification criteria for 

non-sensitized emulsions, suspensions, 

and gels consisting mostly of 

ammonium nitrate and fuel, intended to 

produce a Type E blasting explosive 

only after further processing prior to 

use, which are transported as ‘‘UN3375, 

Ammonium nitrate emulsion or 

Ammonium nitrate suspension or 

Ammonium nitrate gel, intermediate for 

blasting explosives.’’ Currently, the 

HMR requires applicants to pass Test 

Series 8(a), (b), and (c) of the UN 

Manual of Tests and Criteria, when 

requesting an approval for 

transportation under UN3375. However, 

PHMSA is revising the last sentence of 

Special Provision 147 by removing the 

specific requirement to pass Tests 8(a), 

(b), and (c), so that eligible materials can 

pass Test Series 8(e) in lieu of 8(c) of the 

UN Manual of Tests and Criteria. 

Modifying Special Provision 147 will 

align with the equivalent special 

provision in the UNMR (SP 309) which 

was amended similarly. PHMSA makes 

this revision to reflect and allow for the 

inclusion of an additional test in the 

Test Series 8 provided in the UN 

Manual of Tests and Criteria. In the 7th 

revised edition UN Manual of Tests and 

Criteria Test Series 8 was expanded to 

include Test 8(e) as an alternative to 

8(c). This change in testing was the 

result of technical discussions and 

amendment proposals held during 

UNSCOE meetings. At the 47th session 

of the United Nations Sub-Committee of 

Experts on the Transport of Dangerous 

Goods, the EWG concluded that the UN 

Test 8(c) may be unsuitable for some 

ammonium nitrate emulsions which 

could lead to a false positive under 

certain conditions.21

PHMSA expects that removing this 

requirement to specifically pass the 8(c) 

test and alternatively pass the 8(e) test 

will reduce the risk of receiving a false 

positive result and consequently 

inaccurate classification. It also allows 

shippers the ability to perform 

additional classification testing as 

provided in the 7th revised edition of 

the UN Manual of Tests and Criteria. 

Special Provisions 196 and 197 

PHMSA is adding Special Provisions 

196 and 197 pertaining to transportation 

of nitrocellulose. These new special 

provisions require that manufacturers of 

nitrocellulose products ensure that 

these Class 1 and Class 4 materials 

employ certain tests verifying that the 

materials meet specific stability 

requirements to avoid the danger of selfignition. Those test methods determine 

whether a material is stable when 

subjected to elevated temperatures in 

transportation, which is critical to the 

safe transportation of materials such a 

nitrocellulose. Special Provision 196 

applies to nitrocellulose materials in 

Class 1 (UN0340, UN0341, UN0342, and 

UN0343), and specifically excepts those 

materials from Type 3(c) thermal 

stability testing. Special Provision 197 is 

assigned to nitrocellulose materials in 

Class 4 (UN2555, UN2556, UN2557, and 

UN3380). 

Special Provision 360 

Special Provision 360 provides 

instruction to aid in proper 

identification of a battery-powered 

vehicle that contains lithium batteries. 

Currently, Special Provision 360 states 

that vehicles powered solely by lithium 

batteries must be identified as ‘‘UN3171, 

Battery-powered vehicle or Batterypowered equipment.’’ In the HM–215O 

final rule, PHMSA added a new UN 

entry, ‘‘UN3536, Lithium batteries 

installed in cargo transport unit lithium 

ion batteries or lithium metal batteries.’’ 

PHMSA is revising Special Provision 

360 to better distinguish between the 

various types of equipment with lithium 

batteries. The revised language specifies 

that lithium batteries that are installed 

in cargo transport units which are 

designed only to provide power external 

to the transport unit must be transported 

as ‘‘UN3536, Lithium batteries installed 

in a cargo transport unit lithium ion 

batteries or lithium metal batteries,’’ 

making them subject to packaging 

provisions and exceptions outlined in 

Special Provision 389. The intent of this 

language is to clarify further that these 

batteries should not be described and 

transported as ‘‘UN3091, Lithium metal 

batteries, contained in equipment 

including lithium alloy batteries’’ or 

‘‘UN3481, Lithium ion batteries, 

contained in equipment including 

lithium ion polymer batteries.’’ 

Furthermore, Special Provision 360 

was originally assigned to the HMT 

entry ‘‘UN3091, Lithium batteries, 

contained in equipment,’’ however, in 

final rule HM–224F,22 PHMSA adopted 

separate entries based on the lithium 

battery chemistry, i.e., ‘‘UN3091, 

Lithium metal batteries, contained in 

equipment including lithium alloy 

batteries’’ or ‘‘UN3481, Lithium ion 

batteries, contained in equipment 

including lithium ion polymer 

batteries.’’ In doing so, PHMSA 

inadvertently did not make a 

conforming revision to assign Special 

Provision 360 to these separate 

descriptions in the HMT. Consistent 

with the revisions to Special Provision 

360 to clarify appropriate use of 

descriptions for lithium battery 

equipment, PHMSA is assigning this 

special provision to the two lithium 

battery descriptions for contained in 

equipment and packed with equipment. 

Finally, PHMSA is also revising the text 

‘‘assigned to’’ to read ‘‘described using’’ 

to improve understanding of the special 

provision instruction. In response to 

this proposal in the NPRM, COSTHA 

provided a comment in support of this 

revision. 

Special Provision 370 

Special Provision 370 is currently 

assigned to ‘‘UN0222, Ammonium 

nitrate, with more than 0.2 percent 

combustible substances, including any 

organic substance calculated as carbon, 

to the exclusion of any other added 

substance.’’ The entry UN0222 (1.1D) is 

intended for certain ammonium nitrates 

that are not a commercially 

manufactured product and this entry is 

typically used to identify contaminated 

ammonium nitrate or ammonium nitrate 

fertilizers that give a positive result 

when tested in accordance with Test 

Series 2 of the UN Manual of Tests and 

Criteria. However, Special Provision 370 

currently states that a hazardous 

material may also be classified as 

UN0222 even if it has more that 0.2 

percent combustible substances. 

PHMSA amends special provision 370 

to better clarify when the entry for 

UN0222 may be applied. Clarifying this 

classification instruction is necessary to 

ensure that more readily transported 

materials—such as ammonium nitrate 

mixed with fuel oil (ANFO)—are not 

improperly transported as UN0222, 

which should be reserved for special 

non-commercial purposes. Given that 

inappropriately classified items pose an 

inherent safety risk to emergency 

responders, PHMSA revises Special 

Provision 370 to provide clarifying 


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language to ensure that certain 

ammonium nitrate materials (such as 

ANFO) are not described and classified 

as ‘‘UN0222, Ammonium nitrate.’’ 

Specifically, the amendment to this 

special provision stipulates that this UN 

entry should not be used when other 

applicable proper shipping names exist. 

Special Provision 379 

Special Provision 379 provides 

conditions for exception from full 

regulation under the HMR for 

anhydrous ammonia adsorbed or 

absorbed on a solid contained in 

ammonia dispensing systems or 

receptacles intended to form part of 

such systems. Among these conditions, 

Special Provision 379 requires that 

receptacles containing adsorbed or 

absorbed ammonia must be made of a 

material compatible with ammonia as 

specified in ISO 11114–1:2012(E), ‘‘Gas 

cylinders—Compatibility of cylinder 

and valve materials with gas contents— 

Part 1: Metallic materials.’’ PHMSA 

revises language in Special Provision 

379 to add a reference to an amendment 

to ISO standard 11114–1:2012(E), 

specifically, ISO 11114–1:2012/Amd 

1:2017(E) and correct the unintentional 

omission of the (E) to indicate the 

English language edition. As part of 

ISO’s regular five-year review of its 

standards, the 2012 version of this 

document was amended through the 

issuance of document ISO 11114– 

1:2012/Amd 1:2017(E). The amended 

ISO standard provides more explicit 

instructions on the permissible 

concentrations of gases containing 

halogens in aluminum cylinders. It also 

provides amended requirements for 

butylene, hydrogen cyanide, hydrogen 

sulfide, and nitric oxide. Consequently, 

the 21st revised edition of the UNMR 

updated all references to the 2012 

edition to include a reference to the 

amendment (ISO 11114–1:2012/Amd 

1:2017(E)). PHMSA makes similar 

conforming revisions. See SECTION 

171.7 Section-by-Section Review of 

Amendments discussion. In the course 

of its review of the 2017 amendment for 

ISO standard 11114, PHMSA 

determined that it enhances safety of 

transport and therefore, is appropriate 

for inclusion as an updated condition 

for transport of ammonia dispensing 

systems or receptacles intended to form 

part of such systems. 

Special Provision 430 

PHMSA adds Special Provision 430 

and assigns it to the new HMT entry 

‘‘UN3549, Medical Waste, Category A, 

Affecting Humans, solid or Medical 

Waste, Category A, Affecting Animals 

only, solid’’ discussed above. As with 

other special provisions that provide 

instruction pertaining to appropriate use 

of proper shipping names, PHMSA is 

adding Special Provision 430 to 

stipulate that only solid medical waste 

of Category A, which is being 

transported for disposal, may be 

described using this entry. The intent of 

this added language is to simplify the 

regulations and ensure proper 

classification of medical wastes to 

ensure safe transportation. 

Special Provision 441 

The UNMR and the IMDG Code 

contain an exception in their Special 

Provision 274 pertaining to ‘‘UN3077, 

Environmentally hazardous substance, 

solid, n.o.s.’’ and ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.’’ Special Provision 274 

requires a proper shipping name to be 

supplemented with a technical name, in 

the same manner as the letter ‘‘G’’ is 

assigned in the HMT. When a ‘‘G’’ is 

listed in Column (1) of the HMT in 

association with a particular entry, the 

proper shipping name must be 

supplemented with a technical name. 

For context, in both the UNMR and the 

HMT, when generic proper shipping 

names are used—e.g., n.o.s. proper 

shipping names—a technical name must 

be provided as part of the basic 

description to provide additional 

information for hazard communication 

related to the material being shipped. 

For example, the HMT entry ‘‘UN1760, 

Corrosive liquid, n.o.s.,’’ provides a 

generic description of a corrosive liquid 

and, therefore, marking and shipping 

papers requirements necessitate a 

technical name pertaining to the 

corrosive liquid (e.g., octanoyl chloride). 

The new exception in Special 

Provision 274 modifies the requirement 

to supplement the proper shipping 

name with a technical name. The 

revision, which is specifically for 

materials shipping under UN3077 or 

UN3082, allows the use of a proper 

shipping name found on the Dangerous 

Goods List (the IMDG Code and UNMR’ 

equivalent of the HMT) to be used in 

place of a technical name, provided that 

it does not: (1) include ‘‘n.o.s.’’ as part 

of the proper shipping name and; (2) is 

not an entry assigned Special Provision 

274. In practice, this means that items, 

such as paint, that might be shipped as 

‘‘UN3082, Environmentally hazardous 

substance n.o.s.,’’ are no longer required 

to include a supplemental technical 

name, and instead are permitted to 

include the more readily-recognizable 

name of the commodity (paint) on 

markings and shipping papers. For 

common commodities such as paint 

with various chemical components, 

emergency responders rely less on 

determining the specific chemical for 

performance of emergency response and 

respond to the known hazards of the 

commodity. PHMSA expects 

streamlining the hazardous material 

description requirements in this manner 

will help facilitate appropriate 

emergency response without a reduction 

in safety. 

While the UNMR broadly provided 

this relief for UN3077 and UN3082, 

environmentally hazardous materials 

classified under these UN numbers are 

applicable to a narrower scope of 

materials under the IMDG Code. Under 

the IMDG Code, ‘‘environmentally 

hazardous substances’’ are those that are 

pollutants specifically for aquatic 

environments (which is equivalent to 

marine pollutants under the HMR) 

whereas the UNMR are broadly 

applicable to aquatic and other 

environments. 

PHMSA is mirroring the expansion by 

the UNMR and IMDG Code’s Special 

Provision 274 of acceptable technical 

names for marine pollutants transported 

under UN3077 and UN3082 by adding 

a new Special Provision 441 to the 

HMR. This special provision provides 

the same shipping description flexibility 

specifically for marine pollutants by 

removing the requirement to 

supplement the proper shipping name 

associated with UN3077 and UN3082 

with a technical name. PHMSA is also 

modifying §§ 172.203(l) and 172.322 to 

maintain alignment with the IMDG 

Code with regard to the documentation 

and marking requirements when marine 

pollutant components are present in 

hazardous materials. In addition to 

providing logistical benefits for 

shippers, PHMSA expects that the use 

of readily recognizable common 

commodity names instead of technical 

names will facilitate emergency 

response by making the hazardous 

material more quickly and easily 

identifiable. See §§ 172.203(l) and 

172.322 of the Section-by-Section 

Review of Amendments for additional 

discussions on revisions related to this 

amendment. 

Special Provisions TP39 and TP41 

PHMSA is removing and reserving 

portable tank special provisions TP39 

and TP41. The sunset provisions in 

special provisions TP39 and TP41 

allowing use of other portable tank 

special provisions expired on December 

31, 2018, and thus, PHMSA removes 

them from the HMR to prevent the use 

of these expired provisions. See 

§ 172.101 of the Section-by-Section 

Review of Amendments for further 


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detail of the deletion of these portable 

tank special provisions from the HMR. 

Section 172.203 

Section 172.203 prescribes additional 

description requirements for shipping 

papers. PHMSA is revising paragraphs 

(i)(2) and (l)(1) and adding new 

paragraphs (i)(4) and (q). Each revision 

is further described below, along with 

PHMSA’s rationale for the revisions. 

In paragraph (i), which provides 

requirements specific to vessel 

transportation, PHMSA is clarifying that 

the documentation of the flashpoint on 

shipping papers, as required in 

paragraph (i)(2), is only required for 

liquid hazardous materials that have a 

primary or subsidiary hazard of Class 3 

and a flashpoint of 60 °C or below (in 

°C closed-cup (c.c.)). This revision aims 

to prevent the shipping delays resulting 

from confusion on how this 

documentation requirement applies to 

items for which flashpoint is not an 

appropriate classification criterion (e.g., 

aerosols and flammable solids). 

Furthermore, limiting the flashpoint 

information to a narrower subset of 

hazardous materials ensures identifying 

information of the materials in transport 

better aligns with the material 

properties of those materials because 

flashpoint is a safety-relevant criterion 

only for hazardous materials that are 

liquids with a main or subsidiary hazard 

of Class 3. PHMSA does not expect any 

reduction in safety as a result of this 

editorial revision given that this 

revision ensures that information 

regarding the flashpoint is only 

provided for items in which flashpoint 

is a safety-relevant criterion; avoidance 

of the delays in transportation 

experienced in the past also reduces the 

risks associated with that transportation. 

PHMSA received comments in response 

to the NPRM from DGAC and Dow in 

support of this revision. 

PHMSA is also adding a new 

paragraph (i)(4), that requires shipments 

of lithium batteries that are offered into 

transportation for purposes of disposal 

or recycling or offered under the 

damaged or defective provisions in 

§ 173.185(f), to indicate on shipping 

papers one of the following disclaimers, 

as appropriate: ‘‘DAMAGED/ 

DEFECTIVE,’’ ‘‘LITHIUM BATTERIES 

FOR DISPOSAL,’’ or ‘‘LITHIUM 

BATTERIES FOR RECYCLING.’’ This 

revision is consistent with revisions 

adopted in the IMDG Code and 

associated with an additional revision to 

§ 176.84 of the HMR to require lithium 

batteries that are damaged or defective— 

or those that are being transported for 

disposal or recycling—to be stowed in 

accordance with stowage category C 

requirements authorizing ‘‘on deck 

only’’ stowage instead of the currentlyauthorized ‘‘on deck’’ or ‘‘under deck’’ 

options. This additional shipping paper 

requirement helps communicate 

information about the batteries to 

individuals making stowage plans for 

the vessel, provide a mechanism for 

ensuring the ‘‘on deck’’ stowage of these 

materials, and allow for more easily 

identifiable and effective response 

actions in the event of a fire involving 

lithium batteries onboard a vessel. 

PHMSA expects that these revised 

shipping requirements will contribute to 

the safe transportation of increased 

volumes of damaged/defective/recycled 

lithium batteries anticipated as a result 

of the increased use of lithium batteries 

in the transportation and other 

economic sectors. PHMSA received 

comments from DGAC, Dow, and MDTC 

in support of this revision. For 

additional information on this stowage 

requirement, see SECTION 176.84 of the 

Section-by-Section Review of 

Amendments. 

In paragraph (l)(1), PHMSA is revising 

the scope of hazardous materials for 

which a specific marine polluting 

component must be identified in 

association with the basic description— 

i.e., the combination of the UN number, 

proper shipping name, hazard class, and 

packing group—on a shipping paper. 

Currently, § 172.203(l) specifies that, 

when the proper shipping name for a 

hazardous material which is a marine 

pollutant does not identify the 

component that makes the hazardous 

material a marine pollutant, the name of 

the marine pollutant constituent must 

appear in parentheses within the basic 

description. PHMSA revises paragraph 

(l)(1) to limit the scope of this 

requirement to make it applicable only 

to generic HMT entries (as indicated by 

the G in Column 1 on the HMT) as well 

as those that have ‘‘n.o.s.’’ as part of the 

proper shipping name. The intent of this 

amendment is to extend the 

documentation and marking flexibility 

provided by Special Provision 441 

(which currently applies only to 

environmentally hazardous substances 

(UN3077 and UN 3082)) and to other 

hazardous materials that may contain 

components(s) that are marine 

pollutants. For example, under the 

current HMR, if ‘‘UN1263, Paint’’ 

contains marine pollutants, the basic 

description required on shipping papers 

and markings have to include the 

specific marine polluting component(s) 

that are present in the paint, in addition 

to the words ‘‘marine pollutant’’ (e.g., 

‘‘UN1263, Paint, 3 (propyl acetate, di-nbutyltin di-2-ethylhexanoate) MARINE 

POLLUTANT’’). But under this 

amendment, the basic description for 

‘‘UN1263, Paint’’ no longer require the 

addition of the ‘‘marine pollutant’’ 

language. Given that emergency 

responders do not depend on the 

specific technical name provided in 

association with the shipping 

description to effectively respond to 

emergencies, PHMSA expects 

streamlining the description to provide 

more readily recognizable and usable 

information that reflects the hazardous 

materials involved may facilitate 

emergency response. PHMSA received a 

comment from DGAC in support of this 

revision. 

Finally, PHMSA is adding a new 

paragraph (q) to this section to require 

documentation of the holding time for 

refrigerated liquefied gases transported 

in portable tanks. Holding time is the 

span of time, as determined by testing, 

that elapses from the time of loading 

until the pressure of the contents, under 

equilibrium conditions, reaches the set 

point for the lowest pressure control 

valve or pressure relief valve setting. 

PHMSA will require including the 

specific date when the holding time 

ends on the shipping paper for 

refrigerated liquefied gases transported 

in portable tanks. Knowing the holding 

time assists in preventing unexpected 

venting while in transportation, which 

could lead to exposure to a hazardous 

material release, and associated risks, as 

well as the loss of product. Including 

this information on the shipping paper 

aids in managing the transportation of 

refrigerated liquefied gases to ensure the 

material arrives safely at its destination 

without an unintended release of 

hazardous materials, including those 

that are known GHGs (e.g., nitrous 

oxide). PHMSA anticipates that 

establishing this requirement to provide 

this information for portable tanks will 

improve safety and decrease climate 

change impacts of international 

transport of refrigerated liquefied gases 

in portable tanks. DGAC provided a 

comment in support of this revision. 

Section 172.301 

Section 172.301 prescribes general 

marking requirements for non-bulk 

packagings. PHMSA is amending 

paragraph (a)(1) to clarify that the 

exception permitting reduced size 

marking requirements are applicable to 

packages with either 5 L or less 

capacity, or those with a 5 kilograms 

(kg) or less net mass. The current HMR 

text states that the exception is 

applicable to packages with a maximum 

capacity of 5 kg or 5 L or less, rather 

than the maximum net mass, which is 

the more appropriate measure for 


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packages containing solids. A person 

shipping a solid material may 

unnecessarily apply the volume 

limitation when a net mass limit is 

intended. This revision clarifies that 

packages for solid material may have a 

maximum net mass of 5 kg or less. This 

editorial revision is intended to reduce 

confusion over the application of the 

exception at § 172.301(a)(1) in that for 

solid materials, the quantity limit is 

based on the net amount of solid 

material and not the capacity of the 

packaging the material is placed in. This 

clarification is consistent with similar 

provisions for solids (net mass) and 

liquids (capacity) throughout the HMR. 

Ensuring the appropriate application of 

the reduced size marking allowance 

provides consistency across persons 

using the reduced-size marking and 

therefore, is expected to improve safety 

of transport. PHMSA received a 

comment from DGAC in support of this 

revision. 

Section 172.315 

Section 172.315 prescribes the 

marking requirements for packages of 

limited quantities. Currently, the HMR 

require that the limited quantity mark 

be applied on at least one side or one 

end of the outer packaging. The 2021– 

2022 ICAO Technical Instructions 

clarified that marks, in particular those 

that are applied in a similar manner to 

self-adhesive labels, must be applied on 

one side of a package (i.e., not folded 

over an edge). Prior to these 

amendments, only hazard 

communication labels were required to 

be applied to a single side of a package 

and prohibited from being folded 

around the edge of a package. This 

requirement was extended to markings 

to ensure visibility and to communicate 

hazard(s) to the greatest extent possible. 

Consistent with the ICAO Technical 

Instructions, PHMSA is adding a new 

paragraph (b)(3) to require that—for air 

transport—the entire limited quantity 

mark must appear on one side of the 

package. PHMSA received a comment 

from DGAC in support of this revision. 

For detail on the rationale for this 

requirement, see SECTION 172.406 of 

the Section-by-Section Review of 

Amendments. 

Section 172.322 

Section 172.322 prescribes the 

marking requirements for hazardous 

materials that are also marine 

pollutants. Consistent with revisions in 

Special Provision 441 and 

§ 172.203(l)(1) discussed above, PHMSA 

is limiting the scope of hazardous 

materials which are marine pollutants, 

that are subject to this technical name 

marking requirement. Specifically, 

PHMSA applies the technical name 

marking to proper shipping names that 

have a ‘‘G’’ assigned in column (1) of the 

§ 172.101 Hazardous Materials Table or 

have the text ‘‘n.o.s.’’ as part of the 

proper shipping name. PHMSA also 

adds language directing shippers using 

‘‘UN3077, Environmentally hazardous 

substance, solid, n.o.s.’’ or ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.,’’ to Special Provision 441 

for additional requirements. 

Section 172.406 

Section 172.406 specifies the 

requirements for the placement of labels 

on a package. The 2021–2022 ICAO 

Technical Instructions clarified that 

marks, in particular those that are 

applied in a similar manner to selfadhesive labels, must be applied on one 

side of a package. The ICAO Technical 

Instructions have long required that all 

hazard communication labels not be 

folded (around the edge of a packages) 

and be applied to a single side. This 

requirement was introduced to ensure 

visibility and communicate hazard(s) to 

the greatest extent possible. In a 

working group session, the ICAO 

Dangerous Goods Panel agreed that 

extending this labeling requirement to 

marks was appropriate as marks, like 

labels, provide hazard communication. 

While PHMSA has not specifically 

prohibited extending labels onto other 

sides of packaging and allows the use of 

smaller labels to accommodate smaller 

packagings, PHMSA appreciates the 

need for readily visible hazard 

communication by air. Therefore, for the 

sake of harmonizing with the ICAO 

Technical Instructions, and to ensure 

visibility to communicate hazards to the 

greatest extent possible, PHMSA is 

adding specific restrictions on wrapping 

marks and labels for shipments that are 

transported by air. 

During a review of the specific 

marking requirements that were added 

in the 2021–2022 ICAO Technical 

Instructions, PHMSA found that the 

HMR do not contain the same express 

limitation on ‘‘folding’’ a part of a label 

around the edges of a package such that 

the entirety of a label would have to be 

on a single side. PHMSA expects that 

adopting both the pre-existing ICAO 

single side requirement for labels, and 

the recent requirement that marks must 

be on a single side of a package will 

provide increased visibility of hazard 

communication on the smaller package 

types that are frequently used in air 

transport. These measures also reduce 

ambiguity for air operator employees 

conducting acceptance checks as to 

whether the package appropriately 

indicates the hazards without having to 

make a subjective determination. 

Therefore, PHMSA is requiring in a 

new paragraph (a)(1)(iii), that for air 

transport, the entirety of a required label 

must be displayed on one side of a 

package. For cylindrical packages not 

containing a traditional side, the labels 

and/or package must be of such 

dimensions that a label would not 

overlap itself. In the case of cylindrical 

packages containing radioactive 

materials, which require two identical 

labels, these labels must be centered on 

opposite points of the circumference 

and must not overlap each other. If the 

dimensions of the package are such that 

two identical labels cannot be affixed 

without overlapping each other, one 

label is acceptable provided it does not 

overlap itself. 

In addition, PHMSA adds 

requirements that marks must not be 

folded for: the limited quantity mark in 

§ 172.315(b); the excepted quantity mark 

in § 173.4a(g); and the UN3373 Category 

B infectious substance mark in 

§ 173.199(a). The ICAO Technical 

Instructions were also amended to 

require that the lithium battery handling 

mark be applied on a single side of a 

package; however, this is already 

prescribed in § 173.185(c)(3)(i), 

applicable to all modes of transport. 

Regarding the Category B infectious 

substance mark, the revision helps 

ensure that any packages containing 

COVID–19 materials have appropriate 

visibility and thus, ensure the safe 

transport of such materials. 

Section 172.447 

Section 172.447 prescribes 

specifications for labels used for lithium 

batteries. In this final rule, PHMSA 

removes and reserves paragraph (c), 

which contains an expired transitional 

exception allowing for continued use of 

labels in conformance with the 

requirements that had been in place on 

December 31, 2016, until December 31, 

2018. Since December 31, 2018, has 

occurred, the continued use of an 

outdated label is no longer allowed. 

C. Part 173 

Section 173.4a 

Part 173 contains general 

requirements for shippers regarding 

shipments and packagings. Section 

173.4a prescribes transportation 

requirements for excepted packages. For 

consistency with the ICAO Technical 

Instructions, PHMSA is adding a new 

paragraph (g)(3) to require that—for air 

transport—the entire excepted quantity 

mark must be displayed on one side of 

the package. For detail on the rationale 


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23 ICAO, Addendum No.1 to the 2021–2022 of the 

ICAO Technical Instructions for the Safe Transport 

of Dangerous Goods by Air (Dec. 31, 2020), https:// 

www.icao.int/safety/DangerousGoods/Addendum

Corrigendum%20to%20the%20Technical

%20Instructions/Doc%209284-2021-2022.

AddendumNo1.en.pdf. 

24 ICAO, Addendum No.2 to the 2021–2022 of the 

ICAO Technical Instructions for the Safe Transport 

of Dangerous Goods by Air (Feb. 23, 2021), https:// 

www.icao.int/safety/DangerousGoods/Addendum

Corrigendum%20to%20the%20Technical

%20Instructions/Doc%209284-2021- 

2022.AddendumNo2.en.pdf. 

25Report of the ICAO Working Group 19 

(paragraph 3.2.11) (May, 2019), https://

www.icao.int/safety/DangerousGoods/WG19/ 

DGPWG.19.WP.030.en.pdf. 

for this requirement, see SECTION 

172.406 of the ‘‘V. Section-by-Section 

Review of Amendments’’ for discussion 

of the requirement to display a mark on 

a single side. 

Section 173.14 

In subpart A of Part 173, PHMSA adds 

a new section—§ 173.14—to provide 

exceptions from the HMR for certain 

devices or equipment containing 

hazardous materials that are in actual 

use or which are intended for use 

during transport. Examples of such 

devices include cargo tracking devices 

and data loggers attached to, or placed 

in, packages, overpacks, containers, or 

load compartments. These items often 

contain component hazardous materials, 

such as lithium batteries or fuel cells, 

necessary to power the device or 

equipment. The exception provides 

clarity for these types of devices which 

are not offered into transportation as 

part of the consignment but instead 

accompany it to collect or disseminate 

information during transport. Eligibility 

for the exception is limited to 

equipment that meets conditional safety 

requirements. These include 

requirements that the component 

hazardous material—e.g., lithium 

batteries—meet the applicable 

construction and test requirements 

specified in the HMR, and that the 

equipment can withstand the shocks 

and vibrations normally encountered 

during transport. The equipment must 

also be safe for use in different 

environmental conditions that it may be 

exposed to during transport such as 

temperature variations, inclement 

weather, and conditions in which 

explosive atmospheres caused by gases, 

vapors, mists, or air/dust mixtures may 

occur. The text—slightly modified from 

the NPRM language—also clarifies that 

the exception is not applicable when 

this type of equipment is itself offered 

as cargo such that normal HMR 

requirements pertaining to packaging, 

shipping papers, marking, and labeling 

apply. 

This new section is consistent with 

provisions adopted in the UNMR and 

the IMDG Code. Additionally—in 

response to the ongoing global COVID– 

19 public health emergency—on 

December 31, 2020,23 and February 23, 

2021,24 ICAO published addenda to the 

2021–2022 Edition of the ICAO 

Technical Instructions to provide a 

limited exception for lithium batterypowered data loggers and cargo tracking 

devices to facilitate the transport and 

distribution of COVID–19 

pharmaceuticals, including vaccines. 

Specifically, the 2021–2022 ICAO 

Technical Instructions except these 

devices from lithium battery marking 

and documentation requirements when 

transported by aircraft. Consequently, 

PHMSA is adopting exceptions in this 

section of the HMR to cover all modes 

of transportation for certain devices or 

equipment containing hazardous 

materials that are in actual use or which 

are intended for use during transport. 

However, the exceptions associated 

with aircraft transportation are limited 

to marking and documentation for 

lithium ion and lithium metal batterypowered devices or equipment that 

accompany shipments of COVID–19 

pharmaceuticals, including vaccines. 

PHMSA received comments from 

COSTHA, DGAC, MDTC, and PRBA 

expressing concerns over the new 

§ 173.14. MDTC is concerned that 

§ 173.14 as proposed is too limited and 

unnecessary. Additionally, DGAC, 

MDTC, and PRBA expressed concern 

that § 173.14 contradicts a letter of 

interpretation (LOI) that the industry 

has relied on for several years (i.e., LOI 

Ref. No. 15–0040). MDTC believes that 

§ 173.14 might impact significant types 

of battery-powered equipment including 

medical devices such as hearing aids, 

defibrillators, and implantable devices 

that cannot be switched off completely 

during transportation. 

COSTHA believes that the language as 

proposed in the NPRM appropriately 

addresses the intent of the international 

standard language that these devices are 

part of the packaging and supports 

adopting the provisions as drafted. 

PRBA generally supports PHMSA’s 

intent to add § 173.14 to the HMR to 

provide exceptions for certain devices 

or equipment (e.g., cargo tracking 

devices) containing hazardous materials 

that are in actual use or are intended for 

use during transport. 

In response to the comments from 

COSTHA, DGAC, MDTC, and PRBA, 

PHMSA confirms the intent of § 173.14 

is not to capture those hazardous 

materials within equipment being 

offered for transportation as part of a 

consignment (i.e., offered into 

commerce). This section does not apply 

to electronic devices (such as hearing 

aids that may always be powered on as 

part of their design) that are themselves 

being offered for transportation as cargo. 

Rather, these provisions are only 

applicable to devices containing 

hazardous materials that are in use to 

provide monitoring of packages during 

transit. Thus, in order to provide more 

clarification and better understanding of 

the intent of the section, PHMSA adds 

a paragraph (c) to clearly state that 

§ 173.14 does not apply to hazardous 

materials with equipment that is itself 

shipped as cargo; rather, this exception 

only applies to equipment that 

incorporate a hazardous material as part 

of its operation such as data loggers 

used to track packages while in transit. 

Furthermore, PHMSA confirms that LOI 

Ref. No. 15–0040 remains valid and is 

not in conflict with this section. 

Section 173.27 

Section 173.27 provides the general 

requirements for transportation by 

aircraft. PHMSA is making a number of 

corrections and revisions as follows: (1) 

revise paragraph (c)(2) to clarify that all 

package types containing ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.’’ are excepted from the 

pressure differential requirements and 

not only limited quantities; (2) revise 

paragraph (f) introductory text to clarify 

the inner packaging quantity limits 

prescribed in Table 1 and Table 2 apply 

to combination packages and not only to 

excepted quantity packages; (3) in 

paragraph (f)(3) Table 1 and Table 2 add 

inner package limits for certain Class 9 

HMT entries consistent with the ICAO 

Technical Instructions; and (4) in Table 

1 and Table 2 remove the ‘‘no limit’’ 

quantity limits and add them to the 

paragraph (f) introductory text for a 

clearer description of the requirement 

for materials authorized to exceed 220 L 

or 200 kg in accordance with columns 

(9A) and (9B) of the 172.101 table. 

Finally, the 2021–2022 edition of the 

ICAO Technical Instructions contains 

editorial corrections to exceptions for 

‘‘UN3082, Environmentally hazardous 

substance, liquid, n.o.s.’’ from 

differential pressure testing 

requirements in Packing Instructions 

964 and Y964 (limited quantity). When 

reviewing the clarifying editorial 

correction 25 to the ICAO exception, 

PHMSA found that although the same 

update is not needed in the HMR, the 

corresponding exceptions in § 173.27 

are not consistent with those provided 

for in the latest version of Packing 


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26 76 FR 3308 (Jan. 19, 2011). 

Instructions 964 and Y964. PHMSA is 

revising § 173.27 to correct this 

discrepancy and align with the updated 

version of the ICAO Technical 

Instructions. 

In a previous final rule, HM–215K,26

PHMSA revised § 173.27 to align with 

the amendments made to the 2011–2012 

edition of the ICAO Technical 

Instructions. That earlier edition of the 

ICAO Technical Instructions had 

included exceptions applicable to 

‘‘UN3082’’ from the pressure differential 

requirements in Packing Instructions 

964 and Y964 for fully regulated and 

limited quantity packages. The 

exceptions were added because 

‘‘UN3082’’ materials assigned to Class 9 

do not meet the criteria for classification 

as any other hazard class or division 

and are classified as hazardous 

materials solely because of their risk to 

the environment (i.e., they are not 

capable of posing a risk to health, safety, 

or property when transported by air). 

When this exception was added by the 

HM–215K rulemaking, the text was 

placed in paragraph (f)(2)(vii), thereby 

inadvertently narrowing the exception 

to limited quantity materials. In the 

2011–2012 edition of the ICAO 

Technical Instructions that the HM– 

215K rulemaking intended to align with, 

the exception from the pressure 

differential requirements applied to 

both combination packagings in PI 964 

and limited quantity packagings in PI 

Y964. Therefore, to eliminate this 

inadvertent minor error created in 2011, 

PHMSA amends paragraph (c)(2) to 

except shipments of ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.’’ from the pressure 

differential packaging requirements 

applicable for transportation by aircraft. 

This revision aligns the pressure 

differential exceptions for ‘‘UN3082’’ 

material with those found in the ICAO 

Technical Instructions and excepts 

these shipments, in all authorized 

packaging types, from the pressure 

differential requirements in paragraph 

(c)(2). 

Further, PHMSA amends paragraph 

(f), which specifies requirements for 

combination packagings intended for 

transportation aboard an aircraft. A 

combination packaging, for transport 

purposes, consists of one or more inner 

packagings secured in a non-bulk outer 

packaging. Paragraph (f)(3) contains 

Table 1 and Table 2 indicating the 

maximum net capacity allowed for the 

inner packagings of the combination 

packaging on passenger-carrying and 

cargo aircraft, respectively. PHMSA 

revises paragraph (f) by moving the 

references to Table 1 and Table 2 from 

paragraph (f)(1)—applicable to excepted 

quantities—to the paragraph (f) 

introductory text. The intent of this 

revision is to clarify that the inner 

packaging limits specified in paragraph 

(f)(3) Table 1 and Table 2 apply to all 

combination packages used to transport 

hazardous material by aircraft and not 

just to excepted packages (i.e., packages 

for which exceptions from certain 

provisions are provided in the HMR). As 

it currently reads, the instruction for all 

combination packagings is imbedded in 

the paragraph (f)(1), which outlines 

provisions for excepted packages, thus 

making it appear that Tables 1 and 2 

apply only to excepted packages. 

Correcting the reference in paragraph (f) 

provides regulatory clarity by properly 

aligning packaging limits in the HMR 

with the ICAO Technical Instructions. 

Additionally, the first column of 

Tables 1 and 2 provides the maximum 

net quantity per package from Column 

(9A) of the HMT. PHMSA is replacing 

the rows in Tables 1 and 2, noting that 

there are no maximum net capacity 

limits for quantities greater than 220 L 

for liquids and greater than 200 kg for 

solids with an instruction in the revised 

paragraph (f) introductory text 

conveying the same information. 

Finally, PHMSA discovered that for 

certain Class 9 (miscellaneous 

hazardous) materials, the authorized 

inner packaging limit in the ICAO 

Technical Instructions is greater than 

the limit currently allowed in Tables 1 

and 2 at § 173.27(f)(3). Therefore, 

PHMSA is revising paragraph (f)(3), 

Table 1 and Table 2 to address this 

inconsistency with the ICAO Technical 

Instructions. Specifically, PHMSA is 

revising—for consistency with the inner 

packaging limits provided in Packing 

Instructions 956, 958, and 964 of the 

ICAO Technical Instructions—inner 

packaging net capacity limits for the 

following Class 9 materials: 

• UN1841, Acetaldehyde ammonia 

• UN1931, Zinc dithionite or Zinc 

hydrosulphite 

• UN1941, Dibromodifluoromethane 

• UN1990, Benzaldehyde 

• UN2071, Ammonium nitrate 

fertilizers 

• UN2216, Fish meal, stabilized or Fish 

scrap, stabilized 

• UN2315, Polychlorinated biphenyls, 

liquid 

• UN2590, Asbestos, chrysotile 

• UN2969, Castor beans or Castor flake 

or Castor meal or Castor pomace 

• UN3077, Environmentally hazardous 

substance, solid, n.o.s. 

• UN3082, Environmentally hazardous 

substance, liquid, n.o.s. 

• UN3151, Polyhalogenated biphenyls, 

liquid or Polyhalogenated terphenyls, 

liquid or Halogenated 

monomethyldiphenylmethanes, 

liquid 

• UN3152, Polyhalogenated biphenyls, 

solid or Polyhalogenated terphenyls, 

solid or Halogenated 

monomethyldiphenylmethanes, solid 

• UN3334, Aviation regulated liquid, 

n.o.s. 

• UN3335, Aviation regulated solid, 

n.o.s. 

• UN3432, Polychlorinated biphenyls, 

solid 

These materials have a history of safe 

transport under less restrictive inner 

packaging limits in accordance with the 

ICAO Technical Instructions. The 

revisions offer shippers greater 

flexibility in packaging options to 

transport these materials without a 

degradation of safety. 

Section 173.59 

Section 173.59 provides informational 

descriptions of terms for explosives. 

PHMSA is amending the description of 

the term ‘‘detonators’’ to include a 

reference to electronic programmable 

detonators. Additionally, PHMSA is 

adding a separate term and description 

for ‘‘Detonators, electronic 

programmable for blasting.’’ These 

revisions correspond to the addition of 

the UN0511, UN0512, and UN0513 

(Detonators, electronic programmable 

for blasting) to the HMT. PHMSA 

intends to distinguish between 

‘‘electronic detonators’’ and ‘‘electric 

detonators,’’ as each has different design 

characteristics, by adding these new 

entries in the HMT and the editorial 

amendments in § 173.59. PHMSA 

expects this additional precision in 

shipping descriptions will provide a 

safety benefit. See § 172.101 of the ‘‘V. 

Section-by-Section Review of 

Amendments’’ for additional discussion 

on electric and electronic detonators. 

Section 173.115 

Section 173.115 outlines classification 

criteria for Class 2 (gas) materials. 

PHMSA is updating the version of ISO 

10156:2010, ‘‘Gases and gas mixtures— 

Determination of fire potential and 

oxidizing ability for the selection of 

cylinder valve outlets,’’ incorporated by 

reference in paragraph (k), which 

specifies how the oxidizing ability of a 

Division 2.2 (non-flammable) gas should 

be calculated. Currently the HMR 

incorporates by reference the 2010 

edition of this ISO standard and its 

associated technical corrigendum in 

§ 171.7. As part of ISO’s regular periodic 

review of each standard, ISO standard 


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10156:2010 was reviewed and updated 

and a new revised ISO 10156:2017 was 

published in September 2017. The 2017 

edition supersedes and replaces ISO 

10156:2010, which had been technically 

revised through ISO 10156:2010/Cor 

1:2010. PHMSA updates the 

incorporation by reference of ISO 10156, 

to the 2017 edition. The updated 

document includes technical revisions 

pertaining to the flammability of gases 

and gas mixtures in air as well as a new 

calculation method for determining the 

lower flammability limit of gas 

mixtures. PHMSA reviewed the 

calculation method and agrees that it 

will assist shippers in properly 

classifying a Division 2.2 gas, without 

introducing any adverse safety risks. 

Therefore, PHMSA incorporates by 

reference ISO 10156:2017 in 

§ 173.115(k). 

Section 173.134 

Section 173.134 provides 

classification criteria and exceptions for 

Division 6.2 infectious substances. 

PHMSA revises paragraph (a) to include 

references to ‘‘UN3549, Medical Waste, 

Category A, Affecting Humans, solid or 

Medical Waste, Category A, Affecting 

Animals only, solid.’’ Specifically, 

paragraphs (a)(1), (a)(1)(i), and (a)(5) are 

revised by including UN3549 among the 

list of UN numbers to use for 

description of an infectious substance. 

These revisions are consistent with the 

addition of this new hazardous 

materials description to the HMT. 

Additionally, PHMSA removes the 

term rickettsiae from the list of types of 

microorganisms in paragraph (a)(1). 

Rickettsiae are a specific group of 

bacteria, and this specific type of 

bacteria is redundant because bacteria 

are already listed as a type of potential 

pathogenic microorganism. 

Section 173.137 

Section 173.137 prescribes the 

requirements for assigning a PG to Class 

8 (corrosive) materials. The HMR 

requires offerors to classify Class 8 

material and assign a PG based on tests 

conducted in accordance with the OECD 

Guidelines for the Testing of Chemicals. 

One of the tests currently authorized in 

the HMR is the 2015 OECD Guideline 

for the Testing of Chemicals ‘‘Test No. 

431: In vitro skin corrosion: 

reconstructed human epidermis (RHE) 

test method’’ which may be used to 

determine that a material is not 

corrosive to human skin. PHMSA is 

incorporating by reference the 2016 

version of OECD Guidelines for the 

Testing of Chemicals ‘‘Test No. 431: In 

vitro skin corrosion: reconstructed 

human epidermis (RHE) test method.’’ 

This document was updated to 

introduce sub-categorization for skin 

corrosion and adopted by the OECD in 

2013 and further revised in 2014, 2015, 

and 2016, as Guidelines for the Testing 

of Chemicals ‘‘Test No. 431: In vitro skin 

corrosion: reconstructed human 

epidermis (RHE) test method.’’ 

According to the OECD, this updated 

test method permits subcategorization of 

corrosive chemicals into three 

categories: sub-category 1A and subcategory 1B/C, which correspond to PG 

I, PG II, and PG III, respectively. 

However, prior to the 2016 edition of 

the OECD Guidelines, the ability to 

clearly distinguish between PG II and 

PG III had previously never been 

formally evaluated or validated due to 

the lack of high-quality reference in vivo 

data against which to benchmark the in 

vitro results. 

Changes to the UNMR were made 

because of the additional level of subcategorization and differentiation that is 

possible using this updated test method. 

Accordingly, PHMSA is allowing 

corrosive materials that are tested using 

OECD Guidelines for the Testing of 

Chemicals Test No. 431 to be assigned 

to PG II without further in vivo testing 

if the test method does not clearly 

distinguish between PG II or PG III. 

Since the packing group assignment 

indicates the required level of packaging 

according to the degree of danger 

presented by hazardous materials, this 

would relegate corrosive material that 

cannot be clearly distinguished between 

a medium danger PG II and a low 

danger PG III to be subject to the more 

conservative packaging requirement 

associated with PG II material unless 

additional testing is conducted. PHMSA 

anticipates that the use of the 2016 

version of the OECD Guidelines for the 

Testing of Chemicals Test No. 431 will 

benefit shippers of potential corrosives 

by clarifying corrosivity determinations 

or exclusions and eliminating excessive 

testing to distinguish between PG II and 

PG III. 

The regulatory text also references 

OECD Guidelines for the Testing of 

Chemicals Test No. 404, 430, and 435, 

which are already approved for 

incorporation by reference in this 

section, and no change was made to 

these standards in this final rule. 

Section 173.172 

Section 173.172 specifies the 

eligibility conditions for exception from 

packaging requirements for certain fuel 

tanks used on aircraft hydraulic power 

units. PHMSA makes editorial revisions 

to these provisions to clarify packaging 

limits for the fuel tanks that power 

hydraulic power units. The fuel tanks 

addressed in this section are comprised 

of a primary containment for the fuel in 

the hydraulic power unit. The primary 

containment must consist of a welded 

aluminum bladder as well as an outer 

vessel, which is packed in noncombustible cushioning material in a 

strong, tightly-closed metal outer 

packaging. Currently, paragraphs (a) and 

(b) of this section state that the 

‘‘Maximum quantity of fuel per unit and 

package is 42 L (11 gallons).’’ PHMSA 

is replacing the word ‘‘unit’’ in this 

sentence in paragraphs (a) and (b) with 

the words ‘‘primary containment’’ for 

consistency with the second sentence of 

each paragraph which states that the 

‘‘primary containment of the fuel within 

this vessel must consist of a welded 

aluminum bladder having a maximum 

internal volume of 46 L (12 gallons).’’ 

These editorial revisions to clarify that 

the maximum quantity of fuel 

authorized applies to both the fuel 

within the vessel and completed 

package (primary containment) rather 

than the hydraulic power unit itself. 

This revision aligns the language for this 

packaging exception in the HMR with 

the language that was similarly 

amended in the 2021–2022 ICAO 

Technical Instructions and the 21st 

revised edition of the UNMR. This 

alignment provides clarity for packaging 

of certain fuel tanks and, as such, 

PHMSA does not expect this revision to 

adversely affect safety. 

Section 173.181 

Section 173.181 prescribes packaging 

requirements for liquid pyrophoric 

materials. Specifically, § 173.181 

provides the requirements on closures 

for metal or glass receptacles when used 

as inner packagings—i.e., receptacles— 

in combination packagings. The UNMR 

contain Packing Instruction P404 which 

includes provisions for resealing inner 

receptacles with threaded closures. 

Currently, § 173.181 does not include 

provisions for resealing of inner 

receptacles with threaded closures. The 

safety concern when resealing inner 

receptacles that contain liquid 

pyrophoric materials is that small 

amounts of residue may adhere to the 

threads and present a hazard upon 

closing of the inner packaging and that 

friction generated from screwing the cap 

back onto the receptacle may cause the 

residue to react critically (e.g., selfheating or spontaneous combustion). 

Based on this concern, the UNMR now 

permit closures of inner receptacles to 

be either threaded or physically held in 

place by any means capable of 

preventing back-off or loosening of the 

closure under conditions normally 

incident to transportation (e.g., vibration 


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27Rechargeable Battery Association (PRBA) & the 

Advanced Rechargeable & Lithium Batteries 

Association (RECHARGE), Proposal on the 

Dimensions of the Lithium Battery Mark Submitted 

to the UN Subcommittee of Experts on the 

Transport of Dangerous Goods at the 54th Session 

(Dec. 3, 2018), https://www.unece.org/fileadmin/ 

DAM/trans/doc/2018/dgac10c3/UN-SCETDG-54- 

INF55.e.pdf. 

during transport). PHMSA is also 

concerned about this potential hazard 

and authorizes an alternative method of 

closure to prevent this potential hazard. 

Therefore, PHMSA revises the 

requirements of § 173.181 for closures of 

inner packagings for liquid pyrophoric 

materials to specify that they may have 

alternative closures that are physically 

held in place by any means capable of 

preventing back-off or loosening during 

transportation. 

Section 173.185 

Section 173.185 prescribes 

requirements for transportation of 

lithium cells and batteries. Paragraph (c) 

prescribes requirements for smaller cells 

or batteries and paragraph (c)(3) 

specifies hazard communication 

requirements including the use of the 

lithium battery mark. PHMSA revises 

the minimum size of the lithium battery 

mark from 120 millimeters (mm) wide 

by 110 mm high to 100 mm by 100 mm. 

This reduction in size requirements for 

this mark is consistent with the existing 

minimum size requirements for the 

limited quantity and excepted quantity 

marks in the HMR (see §§ 172.315 and 

173.4a) and does not diminish the 

ability to read or recognize the marking. 

The reference to the shape of the mark 

is amended to include ‘‘square’’ to 

account for the new minimum 

dimensions while also maintaining the 

existing shape of a ‘‘rectangle’’ to 

continue authorized use of the lithium 

battery mark with 120 mm by 110 mm 

dimensions. In addition, the minimum 

size of the lithium battery mark for 

packages too small to display the 

revised 100 mm by 100 mm dimensions, 

is revised from 105 mm wide by 74 mm 

high to 100 mm wide by 70 mm high. 

Additionally, an informal working 

paper 27 submitted to the 54th Session of 

the UNSCOE noted that due to the large 

volume of lithium batteries shipped in 

small packages, the reduction in the size 

of the mark could reduce the quantity of 

packagings produced and consequently 

the quantity of empty packagings sent 

for disposal or recycling. This minimum 

size does not invalidate use of larger 

marks meeting the currently authorized 

minimum size requirements. 

COSTHA, DGAC and MDTC provided 

comments in support of this revision. 

COSTHA notes that while some of its 

members are in favor of adopting new 

size requirements for the lithium battery 

mark, other members are concerned 

about reducing the size of hazard 

communication on packages. Moving 

forward, COSTHA requests that PHMSA 

continue to consider the impact of 

reducing hazard communication (by 

size or example) and be open to 

alternate forms of hazard 

communication that may be more 

effective for both carriers/operators and 

emergency responders. PHMSA 

acknowledges the comments and 

concerns raised by some COSTHA 

members on the new minimum size 

requirements for lithium battery 

markings. However, PHMSA 

understands that the minimal reduction 

(no more than 5 mm in each direction) 

in required size for markings adopted in 

this final rule will not cause a reduction 

in safety. 

Section 173.187 

Section 173.187 prescribes packaging 

requirements and other provisions for 

‘‘pyrophoric solids, metals, or alloys, 

n.o.s.’’ The 21st revised edition of the 

UNMR includes an amendment to 

Packing Instruction P404 to address 

concerns with threaded closures when 

resealing inner receptacles after partial 

removal of product. The amendment 

addresses small amounts of residue of 

pyrophoric materials that may adhere to 

the threads and present a hazard upon 

closing of an inner receptacle. As with 

liquid pyrophoric materials discussed 

above, there is concern that friction 

generated from screwing the cap back 

onto the inner receptacle may cause the 

residue to react critically (e.g., selfheating or spontaneous combustion). 

Based on this concern, the UNMR now 

allow closures of inner receptacles to be 

either threaded or physically held in 

place by a means capable of preventing 

back-off or loosening of the closure 

under conditions normally incident to 

transportation (i.e., impact or vibration 

during transport). 

After reviewing this issue, PHMSA is 

also concerned about this potential 

hazard and amends § 173.187 to 

authorize an alternate method of closure 

to prevent this potential hazard. 

Specifically, PHMSA is revising the 

requirements for closures of inner 

receptacles for solid pyrophoric 

materials to specify that they may have 

threaded closures or other alternative 

closures that are physically held in 

place by a means capable of preventing 

back-off or loosening. 

Section 173.199 

Section 173.199 prescribes the 

packaging requirements for Division 6.2 

Category B infectious substances. 

Consistent with the ICAO Technical 

Instructions, PHMSA is revising 

paragraph (a)(5) to require that for air 

transport the entire ‘‘UN3373’’ mark 

must appear on one side of the package. 

PHMSA expects that placing marks on 

a single side of a package will provide 

increased visibility of hazard 

communication on the smaller package 

types that are frequently used in air 

transport. These measures also reduce 

ambiguity for air operator employees 

conducting acceptance checks as to 

whether the package appropriately 

indicates the hazards without having to 

make a subjective determination. 

Regarding the Category B infectious 

substance mark, the revision helps 

ensure that any packages containing 

infectious substances, including 

COVID–19 materials, have appropriate 

visibility and thus, ensure the safe 

transport of such materials. For details 

on the rationale for this requirement, see 

the discussion of § 172.406 in the ‘‘V. 

Section-by-Section Review of 

Amendments.’’ 

Section 173.218 

Section 173.218 contains packaging 

and product stabilization requirements 

for transporting stabilized fish meal or 

fish scrap (UN2216) as a Class 9 

material. Currently, the provisions of 

this section are limited to shipments by 

vessel; however, PHMSA amends this 

provision to authorize the transport of 

this material by air. This revision 

responds to changes in the fish meal or 

fish scrap market which has 

experienced an increased demand for 

more timely shipments of samples of 

this item for evaluation by potential 

purchasers. Adding provisions to permit 

shipment by air, rather than limiting to 

shipment by vessel, relieves frustration 

in the market for fish meal or fish scrap 

by allowing shipments of small amounts 

of this material to be expedited by air. 

This revision is consistent with 

amendments adopted in the 2021–2022 

version of the ICAO Technical 

Instructions, which have been revised to 

allow the transport by air of non-bulk 

packages of fish meal or fish scrap, 

subject to quantity limitations and 

stabilization requirements. 

Under this revision, UN2216 material 

is permitted on passenger aircraft and 

cargo aircraft in amounts up to 100 kg 

and 200 kg, respectively, and in UN 

performance packaging that aligns with 

the ICAO Technical Instructions. 

Additionally, to ensure the safe 

transport of this material by air, PHMSA 

is adding stabilization requirements 

similar to those that are in place for 

shipments by vessel. Stabilization of 


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fish meal and fish scrap by applying 

antioxidants is required in order to offer 

the material under a Class 9 stabilized 

proper shipping name. The stabilization 

of fish meal and fish scrap is needed in 

order to mitigate a fire hazard while in 

transportation. Fish meal or fish scrap 

transported by air must have been 

stabilized at production, and within the 

twelve months prior to transportation. 

Given the safeguard provided by 

stabilization of this material prior to 

transportation, as well as the packaging 

and quantity restrictions, PHMSA 

expects that there will be no 

degradation of transportation safety in 

authorizing air transportation. 

In addition to adding these 

stabilization requirements for air 

transportation, PHMSA amends the 

stabilization requirements that are 

currently in place for vessel shipments. 

The HMR currently requires shipments 

of fish meal or fish scrap by vessel to 

contain at least 50 parts per million 

(ppm) (mg/kg) of ethoxyquin, 100 ppm 

(mg/kg) of butylated hydroxytoluene 

(BHT), or 250 ppm (mg/kg) of 

tocopherol-based antioxidant at the time 

of shipment for bulk shipments when 

transported in freight containers. 

PHMSA extends these stabilization 

requirements to all vessel shipments, as 

required by the IMDG Code. While the 

change in language makes the 

stabilization requirement more widely 

applicable, PHMSA expects that the 

impact on the regulated community will 

be minimal as fishmeal and fish scrap 

shipments offered for transport (in nonbulk and bulk) are already typically 

treated with quantities of stabilizer 

(antioxidants) well above the minimum 

amounts currently shown in section 

§ 173.218 as common industry practice. 

Section 173.221 

Section 173.221 prescribes 

transportation requirements and 

exceptions for ‘‘UN2211, Polymeric 

beads expandable’’ and ‘‘UN3314, 

Plastic molding compound,’’ which are 

both Class 9 (miscellaneous) materials. 

Historically, transportation of these 

materials has been limited to single 

packagings under both the HMR and in 

Packing Instruction 957 of the ICAO 

Technical Instructions. However, these 

limitations are inconsistent with the 

UNMR and the general provisions of the 

ICAO Technical Instructions, which 

permit combination packagings when 

single packagings are authorized. These 

packagings are constructed with inner 

packagings made of glass, plastic, metal, 

paper, or fiber and with outer 

packagings utilizing drums, boxes, and 

jerricans made of various materials. This 

conflict in permitted packagings has 

been corrected in the most recent 

edition of the ICAO Technical 

Instructions. 

PHMSA finds that allowing 

combination packaging for these Class 9, 

low hazard materials is consistent with 

general packaging authorizations 

throughout the HMR. In general, 

combination packaging is allowed for 

materials that are more hazardous as 

long as the minimum packaging 

performance requirements are achieved. 

Single packaging and combination 

packaging are subject to the same 

performance standards, meaning an 

equivalent level of safety is achieved. 

Therefore, PHMSA is making 

conforming revisions to § 173.221 to 

allow the use of combination packagings 

(i.e., packagings that use a combination 

of inner and outer packagings for 

containment) for these materials. This 

revision provides packaging selection 

flexibility as well as consistency with 

UNMR and revised ICAO Technical 

Instructions without any impact on safe 

transport of these materials. DGAC 

provided a comment in support of this 

revision. 

Section 173.222 

Section 173.222 specifies the nonbulk packaging requirements for 

‘‘UN3363, Dangerous goods in 

machinery or apparatus.’’ As discussed 

in revisions to § 172.101, PHMSA is 

modifying the proper shipping name 

associated with UN3363 to include 

‘‘dangerous goods in articles,’’ in 

addition to ‘‘dangerous goods in 

machinery or apparatus.’’ In the HM– 

215O final rule, PHMSA added new 

entries for articles containing hazardous 

materials that are not otherwise 

specified by name in the HMT (e.g., 

‘‘UN3547, Articles containing corrosive 

substance, n.o.s.’’). These new entries 

addressed transportation scenarios 

where various hazardous materials or 

residues are present in articles above the 

quantities currently authorized for 

machinery or apparatus transported as 

‘‘UN3363, Dangerous goods in 

machinery or Dangerous goods in 

apparatus.’’ In addition to adding these 

new entries to the HMT, PHMSA added 

packaging provisions in § 173.232, as 

well as a definition for articles. The 

definition states that ‘‘article means 

machinery, apparatus, or other devices 

containing one or more hazardous 

materials (or residues thereof) that are 

an integral element of the article, 

necessary for its functioning, and that 

cannot be removed for the purpose of 

transport.’’ This addition created 

regulatory discrepancies between 

articles that cannot be defined as 

machinery or apparatus but also do not 

qualify as ‘‘Articles containing 

hazardous materials, n.o.s.’’ even as 

there is no safety basis to exclude such 

articles from the scope of § 173.222 

provisions. Therefore, PHMSA revises 

the provisions in § 173.222 to reflect the 

addition of dangerous goods in articles 

to the current HMT entry for ‘‘UN3363, 

Dangerous Goods in Machinery or 

Dangerous Goods in Apparatus’’ as 

discussed in connection with the 

revisions to § 172.101 above. These 

revisions are intended to provide 

flexibility in the choice of the most 

appropriate modifier to be selected as a 

proper shipping name (e.g., article, 

machinery, or apparatus). This 

flexibility in selecting the most 

appropriate description of the 

hazardous material helps ensure 

appropriate packaging selection and 

hazard communication, thus enhancing 

safety. 

Section 173.225 

Section 173.225 prescribes packaging 

requirements and other provisions for 

organic peroxides. As a result of new 

peroxide formulations becoming 

commercially available, the 21st revised 

edition of the UNMR includes updates 

to the list of identified organic 

peroxides and new packing instructions 

for these materials. To maintain 

consistency with the UNMR, PHMSA is 

updating the Organic Peroxide Table in 

§ 173.225(c) to revise the entry ‘‘Di-(4- 

tert-butylcyclohexyl) peroxydicarbonate 

[as a paste],’’ by (1) changing the 

classification of the material as 

‘‘UN3116, Organic peroxide type D, 

solid, temperature controlled’’ to 

‘‘UN3118, Organic peroxide type E, 

solid, temperature controlled’’; and (2) 

changing the packing method from OP7 

to OP8. 

An organic peroxide Type D is an 

organic peroxide that: (1) detonates only 

partially, but does not deflagrate rapidly 

and is not affected by heat when 

confined; (2) does not detonate, 

deflagrates slowly, and shows no violent 

effect if heated when confined; or (3) 

does not detonate or deflagrate, and 

shows a medium effect when heated 

under confinement. An organic 

peroxide Type E is an organic peroxide 

which neither detonates nor deflagrates 

and shows low or no effect when heated 

under confinement. Di-(4-tertbutylcyclohexyl) peroxydicarbonate was 

identified as a Type E organic peroxide 

based on evaluation of new test data 

within the classification scheme for selfreactives and organic peroxide in Figure 

20.1 of the UNMR. Finally, PHMSA 

revises the packing method from OP7 to 

OP8 consistent with the revised 

classification of Di-(4-tertVerDate Sep<11>2014 19:08 Jul 25, 2022 Jkt 256001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\26JYR3.SGM 26JYR3

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28See, e.g., Special Permit 20876 (Apr. 21, 2021), 

https://cms7.phmsa.dot.gov/approvals-andpermits/hazmat/file-serve/authorization/ 

2019045387_SP20876.pdf/2019045387/SP20876. 

butylcyclohexyl) peroxydicarbonate to a 

lesser hazard Type E organic peroxide. 

The packaging method indicates the 

largest size authorized for packaging of 

a particular organic peroxide. 

Specifically, for Di-(4-tertbutylcyclohexyl) peroxydicarbonate, 

assignment of OP8 allows up to 400 kg 

for solids and combination packagings, 

and up to 225 L for liquids. 

PHMSA revises the Organic Peroxide 

IBC Table in paragraph (e) to maintain 

alignment with the 21st revised edition 

of UNMR by adding new entries for 

‘‘tert-Amyl peroxypivalate, not more 

than 42% as a stable dispersion in 

water’’ and ‘‘tert-Butyl peroxypivalate, 

not more than 42% in a diluent type A’’ 

and identifying it as ‘‘UN3119, Organic 

peroxide type F, liquid, temperature 

controlled.’’ PHMSA determines that 

adding provisions for the transport of 

these newly available peroxide 

formulations will allow better oversight 

for safe and consistent shipment of 

these hazardous materials. 

Section 173.301b 

Section 173.301b outlines additional 

general requirements when shipping 

gases in UN pressure receptacles (e.g., 

cylinders). Paragraph (a)(2) of this 

section requires that the gases or gas 

mixtures be compatible with the UN 

pressure receptacle and valve materials 

prescribed for metallic materials in ISO 

11114–1:2012(E), Gas cylinders— 

Compatibility of cylinder and valve 

materials with gas contents—Part 1: 

Metallic materials. This document 

provides compatibility requirements for 

the selection of combinations of metallic 

cylinder and valve materials for use 

with gas or gas mixtures. In the interest 

of providing uniformity with regard to 

reference standards used domestically 

and internationally, PHMSA is revising 

the compatibility requirements to 

include a reference to the 2017 

amendment (ISO 11114–1:2012/Amd 

2017(E)), which ISO published as a 

supplement to ISO 11114–1:2012(E). 

This amendment provides enhanced 

instructions on the permissible 

concentrations of certain gases to ensure 

safe transport of a wider variety of gases 

in newly developed types of metallic 

cylinders and valves. 

Second, PHMSA revises paragraph 

(c)(1), which specifies valve 

requirements for pressure receptacles. 

Currently in the HMR, paragraph (c)(1) 

requires valves for pressure receptacles 

(excluding quick release cylinder 

valves, which must conform to the 

requirements in ISO 17871:2015(E)) to 

conform to various editions of ISO 

10297, ‘‘Gas cylinders—Cylinder 

valves—Specification and type testing’’, 

including the 1999, 2006, and 2014 

editions. ISO 10297:2014 specifies 

design, type testing, and marking 

requirements for certain cylinder valves 

intended to be fitted to refillable 

transportable gas cylinders which 

convey compressed, liquefied, or 

dissolved gases. PHMSA is modifying 

the valve requirements in this paragraph 

such that when the use of a valve is 

prescribed, the valve must conform to 

the requirements of ISO 10297:2014 as 

well as the supplemental amendment, 

ISO 10297:2014/Amd 1:2017. ISO 

10297:2014/Amd 1:2017(E) corrects 

errors in ISO 10297:2014 and also 

includes modifications for valves for 

tubes and pressure drums. For 

consistency with the UNMR, PHMSA 

also adds a sunset date of December 31, 

2022, for the authorization of the use of 

ISO 10297:2014 when not used in 

conjunction with the supplemental 2017 

amendment. PHMSA has reviewed this 

supplemental amendment as part of its 

regular participation in the review of 

amendments for the UNMR and does 

not expect any degradation of safety 

standards in association with the use of 

these two documents. 

Lastly, paragraph (c)(2) of this section 

outlines certain requirements for valves 

on UN pressure receptacles. 

Specifically, by following one of the 

listed methods or standards in this 

paragraph, valves are required to be 

protected from damage that could cause 

inadvertent release of their contents. 

PHMSA is introducing an additional 

option by allowing the use of valves 

designed and constructed in accordance 

with Annex A of ISO 17879:2017 for UN 

pressure receptacles with self-closing 

valves with inherent protection (except 

those in acetylene service). Annex A of 

ISO 17879:2017 is a new standard 

which establishes design, type testing, 

marking, and manufacturing tests and 

examination requirements for selfclosing valves fitted to refillable 

transportable gas cylinders conveying 

compressed, liquefied, or dissolved 

gases (other than acetylene). PHMSA 

has determined that incorporating ISO 

17879 fulfills the need for a standard 

that governs self-closing valves on 

cylinders, which are typically used in 

the calibration, beverage, and medical 

gas industries and mirrors requirements 

for impact testing and burst testing 

specified in ISO 10297. PHMSA has 

experience with permitting the use of 

valves constructed to ISO 17879 through 

special permit,28 which has occurred 

without incident since 2019. 

Incorporating this ISO standard 

eliminates the need and associated 

burden for manufacturers to request a 

special permit to use the valves as they 

become more widely transported as a 

result of their authorization by other 

competent authorities. 

The regulatory text references the 

following standards that are already 

approved for incorporation by reference 

in this section and no revisions are 

being made to these standards: ISO 

11114–1:2012(E); ISO 11114–2:2013; 

ISO 10297:2014; ISO 17871:2015; ISO 

11117:2008 and Technical Corrigendum 

1; ISO 11117:1998; ISO 16111:2008. 

Section 173.304b 

Section 173.304b contains additional 

requirements for shipment of liquefied 

compressed gases in UN pressure 

receptacles. In this section, paragraph 

(b) describes the filling limits for UN 

pressure receptacles expressed in terms 

of ‘‘filling ratio,’’ or the ratio of the mass 

of gas in the cylinder compared to the 

water capacity of the cylinder. 

Paragraph (b)(2) of this section provides 

the maximum allowable filling limits for 

low pressure liquefied gases. As 

currently provided in paragraph (b) of 

173.304b, the term ‘‘filling factor’’ is 

currently used to describe the filling 

limit in terms of the maximum mass of 

contents in kg of the gas per liter of 

water capacity, which is intended to 

have the same meaning as the ‘‘filling 

ratio.’’ To increase clarity of the HMR, 

PHMSA revises paragraph (b)(2) by 

deleting the term ‘‘filling factor’’ and 

only using the performance standard of 

‘‘maximum mass in kilograms of 

contents per liter of water capacity’’ so 

that this is not misunderstood as being 

different from the defined term ‘‘filling 

ratio.’’ This revision is consistent with 

the same editorial correction made in 

the 21st revised edition of the UNMR. 

The term ‘‘filling factor’’ is used in the 

context of the UNMR and could be 

misunderstood as being different from 

the defined term ‘‘filling ratio.’’ 

Clarifying the language pertaining to the 

filling ratio will provide a safety benefit 

by eliminating confusion about the 

definition of the term ‘‘filing factor’’ or 

‘‘filing ratio.’’ 

Section 173.306 

Section 173.306 provides exceptions 

from HMR requirements for 

transportation of limited quantities of 

compressed gases. Paragraph (f) of this 

section provides exceptions for the 

transportation of accumulators, which 

are transported under ‘‘UN3164, 

Articles, pressurized pneumatic or 

hydraulic.’’ Accumulators are devices in 


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29 85 FR 85380 (Dec. 28, 2020). 

which a fluid is kept under pressure as 

a means of storing energy. PHMSA 

revises paragraphs (f)(2) and (f)(3) to 

allow robust accumulators to be 

transported unpackaged, in crates, or in 

overpacks that provide equivalent 

protection to the hazardous material 

being transported. The term robust is 

used to describe articles that are strong 

enough to withstand the shocks and 

loadings normally encountered during 

transport, including trans-shipment 

between cargo transport units and 

between cargo transport units and 

warehouses, as well as any removal 

from a pallet for subsequent manual or 

mechanical handling. PHMSA expects 

that the amendments will increase 

flexibility for shippers and harmonize 

with revisions to the UNMR which 

limits the packaging required for 

‘‘UN3164, Articles, pressurized 

pneumatic or hydraulic’’ when afforded 

equivalent protection by the article 

being transported. 

Additionally, PHMSA adds a new 

paragraph (n) to include provisions for 

the transport of ‘‘UN2037, Receptacles, 

small, containing gas or gas cartridges’’ 

for recycling or disposal. These 

provisions include packaging 

requirements, conditions for exception, 

and maximum gross weight limits, 

applicable to small receptacles or 

cartridges containing gas not exceeding 

1.0 L (0.3 gallons) capacity. Codifying 

these provisions will create a regulatory 

framework for transporting these 

materials for recycling or disposal and 

reduce the administrative burden that 

otherwise applies to fully regulated gas 

receptacles. Further, reducing this 

administrative burden may lead to other 

environmental benefits by facilitating 

shipments destined for recycling or 

disposal. 

Section 173.335 

Section 173.335 specifies packaging 

requirements for hazardous materials 

transported as chemicals under pressure 

(e.g., ‘‘UN3500, Chemical under 

pressure, n.o.s.’’). Chemicals under 

pressure are regulated as gases but differ 

in that they are liquids, pastes, or 

powders, and pressurized with a 

propellant that meets the definition of a 

gas in § 173.115. Materials transported 

under ‘‘UN3500’’ may include those that 

are widely used in fire suppression 

systems and other items used for fire 

control. 

PHMSA is providing an extended 

periodic inspection period for cylinders 

containing fire extinguishing agents 

transported under UN3500. This 

amendment is consistent with a new 

special packing provision—PP97— 

added in the 21st revised edition of the 

UNMR to provide a test period of 10 

years for tubes (cylinders) that have a 

capacity of 450 L or less and that are 

filled with fire extinguishing agents. 

The intent of this revision was to 

resolve the discrepancy in inspection 

periods between (1) gas-filled cylinders 

intended for installation in fire 

suppression systems and (2) cylinders 

used for the same purpose, but which 

contain a fire extinguishing agent (e.g., 

a liquid) in combination with a gas used 

as a propellant. Gases transported under 

‘‘UN1956, compressed gas n.o.s.’’ have a 

maximum test period for periodic 

inspection of 10 years, whereas the 

maximum test period for ‘‘UN3500, 

chemical under pressure, n.o.s.’’ is only 

five years. However, the updated UNMR 

extended the inspection period for 

cylinders containing fire extinguishing 

agents transported under UN3500 

because they are typically (1) inert 

chemicals with no subsidiary risks and 

(2) they are typically filled at lower 

pressures than cylinders containing 

UN1956 materials. Additionally, these 

fire extinguishing materials and devices 

are maintained and stored in a manner 

that minimizes the degradation of the 

cylinder (e.g., in protected indoor 

environments). 

A recent PHMSA rulemaking, HM– 

234,29 broadened the scope of cylinders 

eligible to be classified as ‘‘UN1044, fire 

extinguishers’’ and the intent was to 

permit cylinders charged with fire 

extinguishing agents intended for use in 

fire suppression systems to be described 

and transported under ‘‘UN1044, fire 

extinguishers.’’ However, cylinders 

charged solely with a compressed gas or 

liquefied gas and used in a fire 

suppression system solely to expel a 

separately stored extinguishing agent 

are not eligible for transportation under 

UN1044. Furthermore, with respect to 

the UNMR, cylinders charged with a fire 

extinguishing agent and intended for 

use in a fire suppression system are 

specifically excluded from 

transportation as ‘‘UN1044, fire 

extinguisher.’’ Therefore, while HM–234 

added provisions that may allow 

hazardous materials in cylinders that 

have historically been described and 

transported as UN1956 or UN3500 to be 

transported as ‘‘UN1044, fire 

extinguisher’’, amending § 173.335 is 

still necessary to maintain alignment 

with the UNMR because the UNMR still 

do not allow cylinders intended for use 

in fire suppression systems to be 

transported under UN1044. 

Because of this conflict in 

classification for similar items, PHMSA 

extends the periodic inspection period 

for cylinders containing gases or liquid/ 

gas mixtures that are used as fire 

extinguishing agents under UN3500, to 

facilitate international shipment of these 

items by aligning the § 173.335 periodic 

inspection requirements with the 

periodic inspection period adopted in 

the UNMR. Recognizing that these items 

UN3500 and UN1044 are functionally 

the same but classified differently 

outside of the United States, PHMSA 

expects that establishing parallel 

inspections periods for similar items 

will facilitate international movement 

and continued use of these cylinders 

domestically and internationally. DGAC 

provided comments in support of this 

revision. Additionally, DGAC requests 

that PHMSA consider expanding the 

retest period for cylinders that are used 

for other hazard classes, such as 

flammable liquids, that are not 

transported under pressures meeting the 

definition of a compressed gas. PHMSA 

appreciates DGAC’s comment; however, 

expanding the retest period for 

cylinders containing other hazardous 

classes is beyond the scope of this 

rulemaking and would benefit from 

stakeholder input in a future 

rulemaking. PHMSA encourages DGAC 

to consider submitting a petition for 

rulemaking in accordance with 

§ 106.100 providing data and 

justification for why PHMSA should 

expand the cylinder retest period when 

used in service for hazardous materials 

other than gas. 

D. Part 175 

Section 175.8 

Part 175 prescribes requirements that 

apply to the transportation of hazardous 

materials in commerce aboard aircraft, 

including items carried by air 

passengers and crew, as well as items 

carried by the aircraft operator in 

accordance with airworthiness 

requirements and operating regulations, 

or in support of in-flight service. Section 

175.8 provides exceptions from the 

HMR for certain equipment and 

materials used by aircraft operators that 

are regulated as hazardous materials. 

PHMSA amends paragraph (b) to 

provide a new exception for alcoholbased hand sanitizers and alcohol-based 

cleaning products carried aboard an 

aircraft by the operator for the purposes 

of passenger and crew hygiene. These 

changes align the HMR with 

amendments made to the ICAO 

Technical Instructions—as amended in 

Addendum 1—published on December 

31, 2020, in response to the COVID–19 

public health emergency. The intent of 

this amendment is to ensure that air 

operators are able to equip aircraft with 


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Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 44969 

30 DOT Special Permit 21021 (May 29, 2020), 

https://www.phmsa.dot.gov/approvals-and-permits/ 

hazmat/file-serve/offer/SP21021.pdf/2020034999/ 

SP21021. 

31PHMSA notes that, apart from the revisions to 

§ 175.10 of the HMR proposed here, transportation 

of aerosols in carry-on baggage and for any other 

purpose may be subject to limitations imposed by 

other regulators, including (but not limited to) the 

Transportation Security Administration. 

alcohol-based sanitizers for use in the 

cabin for the purposes of passenger and 

crew hygiene without the regulatory 

burden of documentation and packaging 

otherwise associated with the transport 

of Class 3 (flammable liquid) hazardous 

materials. Finally, in this final rule, we 

are adjusting the regulatory text slightly 

from what was proposed in the NPRM 

to clarify that the alcohol-based hand 

sanitizers and alcohol-based cleaning 

products should be physically in the 

cabin of the aircraft. We expect that this 

minor modification captures the true 

intent of this exception more accurately. 

This amendment is beneficial to public 

interest given that it assists in limiting 

the spread and contraction of viruses 

such as COVID–19 without an 

anticipated decrease in transportation 

safety. 

Section 175.9 

Section 175.9 provides exceptions for 

certain special aircraft operations. 

Paragraph (b)(5) excepts organ 

preservation units necessary to protect 

human organs when carried in the 

aircraft cabin, provided certain 

conditions are met. As written, the 

current provisions only allow for 

devices powered by non-spillable 

batteries. However, the technology for 

powering such devices has evolved to 

include lithium batteries. To maintain 

consistency with the ICAO Technical 

Instructions, PHMSA adds provisions 

for organ preservation units powered by 

lithium batteries (both metal and ion). 

Specifically, lithium metal or lithium 

ion cells or batteries must meet the 

general provisions prescribed in 

§ 173.185(a) and spare lithium batteries 

need to be individually protected to 

prevent short circuits when not in use 

to ensure safe transport. PHMSA 

expects this amendment will promote 

broader use of the exception for organ 

preservation units. Finally, it facilitates 

international movement of these devices 

by harmonizing with ICAO Technical 

Instructions which allow lithium 

batteries as power sources for the 

devices while still ensuring safe 

transport. 

Section 175.10 

Section 175.10 specifies the 

conditions under which passengers, 

crew members, or an operator may carry 

hazardous materials aboard a passenger 

aircraft. PHMSA amends paragraph 

(a)(1)(ii) of this section to permit 

Division 2.2 aerosols with no subsidiary 

hazard, in addition to those that are not 

for medicinal or personal toiletry use, as 

carry-on items (see § 175.10(a)(1)(i) for 

provisions pertaining to non-radioactive 

medicinal and toilet articles). Currently, 

these materials (i.e., Division 2.2 nonflammable gases) are only authorized in 

checked baggage. Additionally, PHMSA 

is adding a conditional requirement to 

new paragraph (a)(1)(iv) that the 

material in the Division 2.2 aerosols 

must not cause extreme annoyance or 

discomfort, in the event of an 

unintentional release, to crew members 

so as to inhibit performance of their 

assigned duties. The revisions align the 

HMR with amendments made to the 

ICAO Technical Instructions. In 

addition, these revisions are consistent 

with special permit DOT–SP 21021,30

which was issued in response to the 

COVID–19 public health emergency to 

ensure flight crews could carry-on 

sanitizing aerosol products that may not 

have been considered as items for 

personal use. PHMSA has determined 

that this revision is beneficial and in the 

public interest because it expands the 

use of the passenger and crewmember 

exceptions applicable to Division 2.2 

aerosols by allowing such aerosols in 

carry-on baggage. This is particularly 

beneficial for sanitizers to aid in 

preventing the potential spread and 

contraction of viruses such as COVID– 

19 without an anticipated decrease in 

transportation safety.31

Section 175.10(a)(11) outlines the 

provisions for self-inflating personal 

safety devices and currently allows for 

the carriage of only one device with the 

approval of the aircraft operator. 

PHMSA is increasing the allowance 

from a single self-inflating personal 

safety device to two devices in response 

to an increase in passengers seeking to 

travel with their own devices. PHMSA 

clarifies that each self-inflating safety 

device may be fitted with no more than 

two small gas cartridges and that an 

additional two spare cartridges per 

device may be carried with the devices. 

In addition, PHMSA adds the text 

‘‘intended to be worn by a person’’ to 

specify that this provision is only 

intended for self-inflating personal 

safety devices that are designed to be 

worn by a person and does not apply to 

other types of safety devices. PHMSA 

expects this revision will promote use of 

the self-inflating personal safety 

devices. Specifically, it provides 

passengers more flexibility when 

carrying self-inflating devices such as 

lifejackets, motorcycle jackets, and 

horse-riding vests. Further, PHMSA 

does not expect transportation safety 

will be compromised as these devices 

are designed with multiple initiation 

processes required for inflation to occur, 

thereby inhibiting unintentional 

activation. PHMSA has not identified 

any incidents involving unintentional 

activation of self-inflating personal 

safety devices inflight. 

Section 175.75 

Section 175.75 provides quantity 

limitations and stowage location 

requirements for air transportation. 

During internal review of the stowage 

requirements found in § 175.75, PHMSA 

and FAA concluded that making several 

editorial revisions increases the clarity 

of this section, and therefore would 

enhance the safety of hazardous 

materials transported by aircraft. These 

revisions do not substantively change 

current requirements of this section and 

they are intended only for purposes of 

increasing the understanding of air 

stowage requirements. The editorial 

revisions to this section are discussed as 

follows: 

• The current structure for paragraph 

(b) outlines three distinct stowage 

requirements in a single paragraph. To 

increase readability, PHMSA revises 

paragraph (b) by separating the three 

requirements into three subparagraphs 

each addressing a single stowage 

requirement. In response to the NPRM, 

PHMSA received a comment from 

Airbus suggesting that PHMSA also 

include reference to a Class F 

compartment in § 175.75(b). However, 

this comment is beyond the scope of 

this rulemaking since PHMSA did not 

propose to include requirements 

associated with Class F cargo 

compartments in the NPRM, and 

therefore, is not included in this final 

rule. Additionally, PHMSA encourages 

Airbus to submit a petition for 

rulemaking in accordance with 

§ 106.100 providing data and arguments 

for why Class F cargo compartments 

should be included in § 175.75(b). 

• Insertion of an additional distinct 

sentence in the aforementioned revised 

format of paragraph (b) to highlight the 

existing requirement in § 175.75 that all 

packages displaying a ‘‘Cargo Aircraft 

Only’’ label in accordance with 

§ 172.402(c) must be loaded in an 

accessible manner (i.e., a manner 

accessible to the cargo aircraft’s crew or 

other authorized person). This 

longstanding requirement of the HMR is 

buried in the Quantity and Loading 

Table of paragraph (f). In the past, air 

carrier stakeholders have suggested to 

PHMSA and FAA that the stowage 


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32 78 FR 65453 (Oct. 31, 2013). This rule affected 

rules HM–215K, HM–215L, HM–218G, and HM– 

219. 

33 International Maritime Organization SubCommittee on the Carriage of Cargoes and 

Containers CCC 5/6/3. 

requirements would be clearer if this 

important requirement were explicitly 

stated in § 175.75. Therefore, PHMSA is 

specifying this requirement in the 

stowage requirements as new 

subparagraph (b)(4). 

• Correction of an inadvertent error in 

the Quantity and Loading Table of 

paragraph (f), Note 1, that removed 

Division 6.2 material from eligibility for 

exception from the inaccessible loading 

restriction for Cargo Aircraft Only 

packages. This inadvertent error 

occurred in a corrections and response 

to administrative appeals final rule.32

PHMSA revised requirements for 

Division 6.1 material among the list of 

eligible materials but in doing so 

inadvertently removed reference to 

Division 6.2 material. This change was 

not intended and therefore, PHMSA is 

reinserting reference to Division 6.2 

material in Note 1. 

• Insertion of an Oxford comma in 

the Quantity and Loading Table of 

paragraph (f), Note 1, item d. to more 

clearly indicate that Class 9 material, 

limited quantity material, and excepted 

quantity material all qualify for this 

provision. PHMSA and FAA are aware 

that some air carrier stakeholders have 

expressed confusion with the language 

in Note 1, item d., and acknowledge that 

the omission of a comma between 

‘‘Limited Quantity’’ and ‘‘Excepted 

Quantity’’ may create the impression 

that only Class 9 limited or excepted 

quantity material are eligible for this 

exception. Note 1, item d. has always 

included all eligible hazard classes of 

limited quantity and excepted quantity 

material. 

E. Part 176 

Section 176.84 

Part 176 contains requirements 

associated with transportation of 

hazardous materials by vessel. Section 

176.84 prescribes the meanings of 

numbered or alphanumeric vessel 

transport stowage provisions that are 

assigned to hazardous materials, and 

which are listed in column (10B) of the 

HMT. The provisions in § 176.84 are 

separated into general stowage 

provisions, which are defined in the 

‘‘table of provisions’’ in paragraph (b), 

and the stowage notes unique to vessel 

shipments of Class 1 explosives, which 

are defined in the table in paragraph 

(c)(2). PHMSA has determined that the 

following revisions will improve safety 

by ensuring that hazardous materials are 

properly stowed on vessels. 

First, PHMSA is revising stowage 

provision 4 in paragraph (b). Existing 

stowage provision 4 directs shippers to 

‘‘Stow ‘Separated from’ liquid organic 

materials.’’ PHMSA modifies the 

language in this code for clarity and to 

facilitate proper stowage. In a proposal 

submitted to the IMO, it was noted that 

many liquid organic materials are not 

dangerous goods and that it is difficult 

to identify these commodities for 

purposes of segregation.33 Furthermore, 

the distinction between organic and 

inorganic substances cannot be easily 

discovered by persons responsible for 

packing a cargo transport unit. PHMSA 

has determined that requiring a 

determination as to whether a cargo is 

an organic or inorganic substance 

should be amended with a more readily 

understood requirement to characterize 

these items as combustible materials. 

This clarification aids in ensuring safe 

segregation of materials assigned this 

stowage provision. Therefore, PHMSA is 

amending stowage provision 4 to 

require materials assigned this code to 

‘‘not be stowed’’ with combustible 

materials in the same cargo transport 

unit. 

Second, PHMSA adds new stowage 

provisions under codes 155, 156, and 

157: 

• New stowage code 155 is assigned 

to ‘‘UN2814, Infectious substances, 

affecting humans’’ and ‘‘UN2900, 

Infectious substances, affecting animals 

only.’’ This new stowage provision 

advises vessel carriers to avoid handling 

of an infectious package or keep 

handling of the package to a minimum 

and to inform the appropriate public 

health authority or veterinary authority 

where persons or animals may have 

been exposed to the package contents. 

This provision may improve safety for 

packages that may be used to transport 

COVID–19 related material. Stowage 

code 155 applies particularly to any 

cargo offered in the traditional manner 

(i.e., break-bulk). The stowage code 

advises cargo handling personnel to 

limit interaction with packages of 

Division 6.2 materials to a minimum. 

The requirement to notify the 

appropriate public health authority or 

veterinary authority where persons or 

animals may have been exposed to 

package contents is intended to ensure 

appropriate medical attention can be 

provided in the event of an exposure 

and to control any potential further 

contamination as a result of contact 

with the material. This new stowage 

code serves to ensure vessel carriers are 

aware of the potential hazard of these 

packages and to ensure they follow all 

protocols related to handling such 

packages. 

• New stowage code 156 is assigned 

to ‘‘UN3090, Lithium metal batteries,’’ 

‘‘UN3091, Lithium metal batteries 

contained in equipment, or Lithium 

metal batteries packed with 

equipment,’’ ‘‘UN3480, Lithium ion 

batteries,’’ and ‘‘UN3481, Lithium ion 

batteries contained in equipment or 

Lithium ion batteries packed with 

equipment.’’ This new stowage 

provision requires damaged or defective 

lithium batteries that are offered for 

transportation in accordance with 

§ 173.185(f) or being transported for 

purposes of disposal or recycling in 

accordance with § 172.203(i)(4), to be 

stowed in accordance with stowage 

category C. Stowage category C requires 

on deck stowage instead of the currently 

authorized on deck or under deck 

stowage of these types of lithium 

batteries. This revision harmonizes 

HMR stowage requirements for lithium 

batteries that are damaged/defective and 

those that are being offered for disposal 

or recycling with the IMDG Code 

stowage requirements. This stowage 

change to require on deck stowage 

allows for more easily identifiable and 

effective response actions in the event of 

a fire involving lithium batteries 

onboard a vessel. PHMSA expects that 

these revised shipping requirements 

will contribute to the safe transportation 

of increased volumes of lithium 

batteries anticipated as a result of the 

increased use of those technologies in 

the transportation and other economic 

sectors. In response to the NPRM, 

PHMSA received a comment from 

MDTC in support of this revision. 

• New stowage code 157 is assigned 

to the five HMR UN1950 aerosol entries 

and the three UN2037 receptacles; 

small, containing gas or gas cartridges 

entries. This new stowage provision 

requires aerosols and receptacles for gas 

transported for recycling or disposal to 

be stowed in accordance with vessel 

stowage category C and clear of living 

quarters. The HMR does not currently 

contain separate stowage provisions for 

aerosols or receptacles small containing 

gas that are being offered for disposal or 

recycling. These five UN1950 aerosol 

entries and the three UN2037 receptacle 

entries are currently assigned stowage 

category A. The change from stowage 

category A to category C means these 

materials being offered for recycling or 

disposal are required to be stowed ‘‘on 

deck only’’ instead of the currently 

authorized ‘‘on deck or under deck.’’ 

This revision in stowage requirements 

for aerosols and receptacles small 


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containing gas provides more restrictive 

stowage requirements for these articles 

that have been utilized and are being 

offered for transportation under 

generally more relaxed packaging 

standards than if they were being 

offered as new articles. This more 

restrictive stowage requirement more 

easily facilitates a response effort should 

one be required aboard a vessel. 

Third, in the paragraph (c)(2) table, 

PHMSA amends stowage provisions for 

notes 19E and 22E. When assigned to an 

HMT entry, these existing notes require 

separation ‘‘away from’’ explosives 

containing chlorates or perchlorates and 

‘‘away from’’ ammonium compounds 

and explosives containing ammonium 

compounds or salts. PHMSA is 

amending these stowage provisions to 

specify a more demanding ‘‘separated 

from’’ stowage requirement. The terms 

‘‘away from’’ and ‘‘separated from’’ have 

various meanings based on the type of 

shipment (e.g., break-bulk, shipments 

within a container, or container to 

container). Generally speaking, the term 

‘‘separated from’’ requires more 

stringent segregation. As an example, for 

segregation from one container to 

another if ‘‘away from’’ applies, the 

containers cannot be stowed one on top 

of the other. If ‘‘separated from’’ is 

assigned, the containers cannot be 

stowed in the same vertical line. For 

more information on the applicability of 

these terms please, see § 176.83 of the 

HMR. This revision also harmonizes the 

HMR with the IMDG Code and aligns 

with HMR stowage requirements for 

shipments of ammonium nitrates, 

chlorates, and perchlorates. These 

revisions provide additional segregation 

between loads of incompatible materials 

and decrease the likelihood of a reaction 

if a release were to occur onboard a 

vessel. 

F. Part 178 

Section 178.3 

Part 178 contains specifications for 

packagings. Section 178.3 prescribes 

marking requirements for specification 

packagings. PHMSA amends paragraph 

(a)(4) to clarify the marking size 

requirement for packagings transporting 

solids with a 30 kg (66 pounds) 

maximum net mass. Additionally, 

PHMSA is amending the exception for 

reducing the size of the required 

package marking applicable to 

packagings with a capacity of 5 L or 

less, or of 5 kg maximum net mass. The 

existing HMR text only refers to 

capacity, and the use of ‘‘maximum net 

mass’’ is a more appropriate standard 

for packagings intended for solids. This 

editorial revision is intended to reduce 

confusion over the application of the 

reduced size marking requirements as 

they apply to packagings used for solid 

materials. The quantity limit should be 

based on the net amount of solid 

material and not the capacity of the 

packaging the material is placed in. This 

clarification is consistent with similar 

provisions for solids (net mass) and 

liquids (capacity) throughout the HMR. 

Ensuring the appropriate application of 

the reduced size marking allowance 

provides consistency across persons 

using the reduced sized marking and 

therefore, improves safety of transport. 

Section 178.71 

Section 178.71 prescribes 

specifications for UN pressure 

receptacles. To maintain consistency 

with the UNMR, PHMSA is updating 

four ISO documents incorporated by 

reference in this section. 

First, PHMSA amends paragraph 

(d)(2), which outlines the configuration 

and design requirements for a cylinder’s 

service equipment and includes items 

that prevent the release of the pressure 

receptacle contents during handling and 

transportation. Currently, this paragraph 

requires that valves for service 

equipment must conform to the 1999, 

2006, and 2014 editions of ISO 10297. 

ISO 10297 specifies design, type testing, 

and marking requirements for cylinder 

valves fitted to refillable transportable 

gas cylinders, main valves for cylinder 

bundles, and cylinder valves or main 

valves with an integrated pressure 

regulator (VIPR), which convey 

compressed, liquefied, or dissolved 

gases. PHMSA is modifying the valve 

conformance requirements in this 

paragraph such that when the use of a 

valve is prescribed, the valve must 

conform to the requirements of ISO 

10297:2014 and the supplemental 

amendment, ISO 10297:2014/Amd 

1:2017. ISO 10297:2014/Amd 1:2017 

corrects errors in ISO 10297:2014, and 

also includes modifications for valves 

used on tubes and pressure drums. 

PHMSA has reviewed this supplemental 

amendment as part of its regular 

participation in the review of 

amendments for the UNMR and does 

not expect any degradation of safety 

standards in association with the use of 

these two documents. Additionally, 

PHMSA is adding an end date of 

December 31, 2022, to the authorization 

to use ISO 10297:2014 when not used in 

conjunction with the supplemental 2017 

amendment, ISO 10297:2014/Amd 

1:2017. 

Second, in this paragraph, PHMSA is 

amending references to ISO 14246, ‘‘Gas 

cylinders—Cylinder valves— 

Manufacturing tests and examinations.’’ 

Currently, paragraph (d)(2) states that 

valves must be initially inspected and 

tested in accordance with ISO 

14246:2014(E), ‘‘Gas cylinders— 

Cylinder valves—Manufacturing tests 

and examinations.’’ However, in 2017, 

ISO published ISO 14246:2014/Amd 

1:2017, ‘‘Gas cylinders—Cylinder 

valves—Manufacturing tests and 

examinations,’’ which provides 

supplemental amendments pertaining to 

specific pressures to be used in the 

pressure test and leakproofness test of 

acetylene valves. PHMSA mandates the 

use of this amended document in 

§ 178.71 to require acetylene valve users 

to use the updated values in ISO 

14246:2014/Amd 1:2017. PHMSA has 

reviewed these documents as part of its 

regular participation in the review of 

amendments for the UNMR and does 

not expect any degradation of safety 

standards in association with the use of 

these two documents. PHMSA is also 

adding analogous compliance 

requirements for self-closing valves to 

paragraph (d)(2). ISO 17879:2017—Gas 

cylinders—Self-closing cylinder 

valves—Specification and type testing, 

specifies the design, type testing, 

marking, and manufacturing tests and 

examinations requirements for selfclosing cylinder valves intended to be 

fitted to refillable transportable gas 

cylinders which convey compressed, 

liquefied, or dissolved gases. 

Third, PHMSA amends paragraph 

(l)(1), which specifies the design and 

construction requirements for UN 

composite cylinders and tubes. This 

revision adds a new subparagraph (iv) to 

reference ISO 11119–4:2016, ‘‘Gas 

cylinders—Refillable composite gas 

cylinders—Design, construction and 

testing—Part 4: Fully wrapped fibre 

reinforced composite gas cylinders up to 

150 L with load-sharing welded metallic 

liners.’’ This document, which was 

adopted in the UNMR, specifies 

requirements for composite gas 

cylinders with load-sharing welded 

liners between 0.5 L and 150 L water 

capacity and a maximum test pressure 

of 450 bar for the storage and 

transportation of compressed or 

liquefied gases. PHMSA incorporates by 

reference the first three parts of the ISO 

11119 series, which cover various 

designs of composite cylinders with a 

seamless liner. This fourth part defines 

the requirements for design, 

construction, and testing of composite 

cylinders with a welded metallic liner. 

Incorporating this ISO standard 

eliminates the need and associated 

burden for manufacturers to request a 

special permit to construct fully 

wrapped fiber reinforced composite gas 


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34See, e.g., Special Permit 14457 (Dec. 16, 2019), 

which served as the technical basis for the 

development of ISO 11119–4:2016. 

35 ‘‘Use of the terms ‘‘conductivity’’ and 

‘‘conductance’’ in chapter 6.7’’ https://

www.unece.org/fileadmin/DAM/trans/doc/2018/ 

dgac10c3/ST-SG-AC.10-C.3-2018-56e.pdf. 

cylinders with load-sharing welded 

steel liners.34

Finally, PHMSA amends paragraph 

(o)(1) of this section to update the 

reference to ISO 11114–1:2012(E), ‘‘Gas 

cylinders—Compatibility of cylinder 

and valve materials with gas contents— 

Part 1: Metallic materials.’’ ISO 11114– 

1:2012 provides requirements for the 

selection of safe combinations of 

metallic cylinder and valve materials 

and cylinder gas content. PHMSA is 

amending the compatibility 

requirements to also require 

compatibility with the 2017 supplement 

to ISO 11114–1:2012, (ISO 11114– 

1:2012/Amd 1:2017) for material 

compatibility requirements. Permitting 

the use of this document allows 

shippers to safely transport a wider 

variety of gases in newly developed 

types of metallic cylinders and valves. 

PHMSA has reviewed this document as 

part of its regular participation in the 

review of amendments for the 21st 

revised edition of the UNMR and 

expects that adding it to the HMR will 

enhance the current safety of hazardous 

materials in transportation, in addition 

to harmonizing the HMR with 

international requirements. This 

amendment provides compatibility 

requirements for the selection of 

combinations of metallic cylinder and 

valve materials for use with gas or gas 

mixtures. In the interest of providing 

uniformity with regard to reference 

standards used domestically and 

internationally, PHMSA is revising the 

compatibility requirements to also refer 

to the 2017 amendment of this ISO 

standard. This 2017 supplemental 

amendment provides more explicit 

instructions on the permissible 

concentrations of certain gases. PHMSA 

has determined that permitting the use 

of this updated document allows safe 

transport of a wider variety of gases in 

newly developed types of metallic 

cylinders and valves without 

compromising safety. 

Section 178.75 

Section 178.75 prescribes 

specifications for multiple element gas 

containers (MEGCs), which are 

assemblies 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 including hazardous materials 

marked as Division 2.1 (such as 

compressed hydrogen). PHMSA revises 

paragraph (d) to permit explicitly the 

use of composite construction, which is 

allowed for other pressure vessels (i.e., 

cylinders), rather than limiting 

authorized material of construction for 

an MEGC to seamless steel as in the 

current HMR. Further, and in response 

to a comment from Luxfer Gas Cylinders 

to the NPRM, PHMSA is clarifying that 

composite cylinders constructed of 

carbon, fiberglass, or a hybrid composite 

can use any metallic liners or non-load 

sharing polymer liners and not just high 

strength aluminum liners. When the 

specifications for MEGCs were 

originally created, there were no 

standards for composite pressure 

receptacles in the international 

transport standards or the HMR. In the 

decades since, standards for the use of 

ISO composite pressure receptacles 

have been developed and authorized. 

International standards did not consider 

a corresponding allowance to use these 

composite pressure receptacles as 

elements of MEGCs when the 

specifications were originally adopted. 

The 21st revised edition of the UNMR 

has been updated to include such an 

authorization and PHMSA is similarly 

allowing the use of composite pressure 

receptacles in MEGCs. 

To that end, PHMSA is adding 

references to the following ISO design 

standards for composite MEGCs: ISO 

11119–1:2012(E), ‘‘Gas cylinders— 

Refillable composite gas cylinders and 

tubes—Design, construction and 

testing—Part 1: Hoop wrapped fibre 

reinforced composite gas cylinders and 

tubes up to 450 L,’’ ISO 11119– 

2:2012(E), ‘‘Gas cylinders—Refillable 

composite gas cylinders and tubes— 

Design, construction and testing—Part 

2: Fully wrapped fibre reinforced 

composite gas cylinders and tubes up to 

450 L with load-sharing metal liners,’’ 

ISO 11119–3:2013(E), ‘‘Gas cylinders— 

Refillable composite gas cylinders and 

tubes—Design, construction and 

testing—Part 3: Fully wrapped fibre 

reinforced composite gas cylinders and 

tubes up to 450 L with non-load-sharing 

metallic or non-metallic liners’’ and ISO 

11119–4:2016, ‘‘Gas cylinders— 

Refillable composite gas cylinders— 

Design, construction and testing—Part 

4: Fully wrapped fibre reinforced 

composite gas cylinders up to 150 L with 

load-sharing welded metallic liners,’’ 

The 19th revised edition of the UNMR 

amended the definition of a tube to 

include composite construction and this 

revision also included standards for the 

construction of composite tubes. Due to 

the lack of any technical or safety 

concerns, the 21st revised edition of the 

UNMR included an amendment to the 

definition of MEGCs which provides for 

composite construction, in addition to 

stainless steel construction, and was not 

intended to exclude MEGCs. With these 

revisions, PHMSA expects that this will 

provide flexibility and opportunities for 

cost savings for manufacturers of 

MEGCs without compromising safety. 

Additionally, authorizing alternative 

MEGC packaging construction provides 

flexibility in packaging selection for 

shippers that could facilitate the 

transportation of hydrogen or other 

gases that may be used to support clean 

energy alternatives. 

Section 178.275 

Section 178.275 outlines requirements 

and definitions pertaining to UN 

portable tanks intended for the 

transportation of liquid and solid 

hazardous materials. Paragraph (i) 

specifies the capacity requirements for 

pressure relief devices that must be used 

on these portable tanks. The HMR 

specify a formula that can be used to 

determine the required total capacity for 

these pressure relief devices. The 

formula defines variable ‘‘U’’ as 

‘‘thermal conductance of the 

insulation.’’ Discussions held by the 

UNSCOE 35 led to the conclusion that 

usage of the phrase ‘‘thermal 

conductance’’ associated with the 

variable ‘‘U’’ in this formula is 

misleading because, in general scientific 

usage, ‘‘conductance’’ is expressed in 

‘‘kW. K–1’’ and is not a surface factor. 

Leaving the formula description as it 

currently appears in the HMR may 

cause confusion for those who use it 

given that the correct term for the unit 

given is ‘‘heat transfer coefficient.’’ 

PHMSA is replacing the phrase 

‘‘thermal conductance’’ with ‘‘heat 

transfer coefficient’’ so that ‘‘U’’ is 

defined as ‘‘heat transfer coefficient of 

the insulation’’ which is more 

appropriate for what is being calculated 

and is consistent with use of the 

formula in the UNMR. This ensures 

proper calculation of the total capacity 

for the pressure relief devices for these 

portable tanks. 

Section 178.505 

Section 178.505 prescribes 

specifications for aluminum drums and 

paragraph (b) prescribes the 

construction requirements for those 

aluminum drums. PHMSA adds a new 

paragraph (b)(6) to specify conditions 

when internal protective coatings or 

treatments must be applied to these 


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Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 44973 

drums—consistent with requirements 

for other metal packagings, such as steel 

drums, as provided in § 178.504(b)(7) 

and aluminum and steel jerricans in 

§ 178.511(b)(5). In response to the 

NPRM, RIPA provided comments in 

opposition to adding the new 

§ 178.505(b)(6). RIPA believes that if 

adopted, this revision would require a 

manufacturer or reconditioner to apply 

‘‘suitable internal protective coatings or 

treatments’’ to exposed parts of drums if 

needed to ensure compatibility with the 

lading and ensure that the applied 

coatings or treatments retain their 

protective properties under normal 

conditions of transport. RIPA believes 

that § 173.24(e) already obligates the 

offeror with ensuring compatibility 

between the packaging and the material 

it contains. 

PHMSA finds that RIPA does not 

provide adequate justification for its 

preferred position. As noted in RIPA’s 

comments, similar requirements in the 

HMR already exist for steel drums in 

§ 178.504(a)(7) and for aluminum and 

steel jerricans in §§ 178.504(b)(7) and 

178.511(b)(5). PHMSA is not aware of 

issues voiced by offerors associated with 

these compatibility requirements that 

are already a part of packaging 

specification requirements in the HMR. 

Also, RIPA did not present any specific 

cases of cause for concern involving 

steel drums or aluminum or steel 

jerricans that are currently subject to 

this requirement in the HMR. As such, 

PHMSA declines to adopt RIPA’s 

comment and instead adopts the 

amendment to § 178.505(b)(6) as 

proposed. 

As stated in the NPRM, PHMSA finds 

that since metals are susceptible to 

corrosion from exposure to certain 

chemicals (e.g., sodium hydroxide 

solution, or alkaline liquids), measures 

need to be taken to ensure the packaging 

is compatible with the contents. 

Further, the general requirements for 

packagings in the HMR include a 

compatibility requirement such that 

even though certain packagings are 

specified in the HMR, it is— 

nevertheless—the responsibility of the 

person offering a hazardous material for 

transportation to ensure that such 

packagings are compatible with their 

contents. This applies particularly to 

corrosivity, permeability, softening, 

premature aging, and embrittlement (see 

§ 173.24(e)). 

As part of this final rule, PHMSA 

adds conditions specifying when 

internal protective coatings or 

treatments must be applied to metal 

drums that are not constructed of steel 

or aluminum. This addition is 

consistent with international standards 

covering UN 1B1 and 1B2 aluminum 

drums. PHMSA expects that this 

revision will improve consistency with 

regard to safety standards (e.g., 

packaging integrity) across similar 

packagings. Therefore, PHMSA is 

revising § 178.505(b)(6) to specify 

conditions when internal protective 

coatings or treatments must be applied 

to aluminum drums. 

Section 178.506 

Section 178.506 prescribes 

specifications for metal drums that are 

not made of steel or aluminum, and 

paragraph (b) prescribes the 

construction requirements for these 

drums. In the NPRM, PHMSA proposed 

to add a new paragraph (b)(6) to specify 

conditions when internal protective 

coatings or treatments must be applied 

to metal drums that are not constructed 

of steel or aluminum consistent with 

this requirement for specifications of 

other metal packagings. This new 

requirement mirrors the requirements to 

apply suitable internal protective 

coatings or treatments in § 178.504(b)(7) 

for steel drums and § 178.511(b)(5) for 

aluminum and steel jerricans. In 

response to the NPRM, RIPA provided 

the same comments to § 178.505(b)(6) 

for aluminum drums as for this 

§ 178.506(b)(6) for metal drums not 

made of steel or aluminum. PHMSA’s 

response is the same as for the 

aluminum drums as discussed above in 

the Section 178.505 discussion. 

As stated in the NPRM, PHMSA 

asserts that since metals are susceptible 

to corrosion from exposure to certain 

chemicals (e.g., sodium hydroxide 

solution, or alkaline liquids), PHMSA 

determined measures need to be taken 

to ensure the packaging is compatible 

with the contents. Further, the general 

requirements for packagings in the HMR 

include a compatibility requirement 

such that even though certain 

packagings are specified in the HMR, it 

is—nevertheless—the responsibility of 

the person offering a hazardous material 

for transportation to ensure that such 

packagings are compatible with their 

contents. This applies particularly to 

corrosivity, permeability, softening, 

premature aging, and embrittlement (see 

§ 173.24(e)). 

However, PHMSA expects that 

codifying specific conditions in which 

internal protective coatings or 

treatments must be applied to metal 

drums that are not constructed of steel 

or aluminum will provide needed 

consistency by providing uniform safety 

standards for similar packagings across 

the HMR and ensure safe packaging and 

transport within these metal drums. 

Therefore, PHMSA revises 

§ 178.506(b)(6) to specify conditions 

when internal protective coatings or 

treatments must be applied to metal 

drums that are not constructed of steel 

or aluminum. 

Section 178.609 

Section 178.609 provides test 

requirements for packagings for 

infectious substances. PHMSA makes an 

editorial amendment in paragraph (g) to 

clarify the performance testing 

requirements for infectious substances 

packaging. Specifically, PHMSA is 

amending paragraph (g) to clarify that 

only one additional test is required for 

packages for infectious substances 

containing dry ice. The 21st revised 

edition of the UNMR made a similar 

clarification regarding the testing 

requirements for these packagings and 

PHMSA has determined that the current 

HMR also contains conflicting language 

in § 178.609. Currently paragraph (g), 

which specifies additional testing 

requirement for packagings intended to 

contain dry ice, may be interpreted to 

either require five additional samples 

dropped once each, or one additional 

sample packaging dropped five times. 

However, requiring one sample to be 

dropped five times in one orientation 

would not be consistent with drop 

testing requirements applicable to other 

packagings. PHMSA amends paragraph 

(g) to clearly state only one additional 

sample must be dropped in a single 

orientation; namely, the orientation the 

tester determines would be most likely 

to result in failure of the packaging in 

light of the properties of the packaging 

and the test surface. PHMSA does not 

consider this revision to be technical, 

but editorial, with the intent of 

conveying the testing protocol, as it was 

designed, more clearly. For that reason, 

PHMSA does not expect any change in 

level of safety than what was originally 

intended. This revision simply results 

in a package being tested in line with 

the design of the original packaging test 

method. 

Section 178.703 

Section 178.703 describes the marking 

requirements for IBCs. In the NPRM, 

PHMSA proposed to amend two 

marking requirements in this section. 

In paragraph (b)(6), which specifies 

additional marking requirements for 

composite IBCs, PHMSA proposed an 

amendment to specify that the required 

markings on inner receptacles of these 

packagings must either be readily 

visible while in the outer packaging or 

duplicated on the outer packaging to 

facilitate inspection verifying 

compliance with the applicable package 


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36Stainless Steel Container Association, Proposal 

on Minimum Wall Thickness for Metal IBCs 

Submitted to the Sub-Committee of Experts on the 

Transport of Dangerous Goods During the 54th 

Session (Sep. 7, 2018), https://www.unece.org/ 

fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SGAC.10-C.3-2018-96e.pdf. 

performance standard marking 

requirements. 

RIPA provided comments supportive 

of harmonizing § 178.703 of the HMR 

with the newly adopted UNMR 

provision to require inner receptacle 

markings of an IBC that are not visible 

to be duplicated on the outer packaging 

of the IBC. However, RIPA notes that the 

proposed language contains an 

additional requirement that the 

duplicated inner receptacle mark 

appearing on the IBC body be identified 

as duplicating the inner receptacle 

marking. RIPA adds that PHMSA does 

not indicate the form this identification 

should take, which could lead to 

regulatory disharmony and enforcement 

confusion because these marks will 

likely differ from one another if left to 

the discretion of each IBC manufacturer 

and preprocessor. RIPA suggests that the 

proposed requirement ensure the 

duplicated inner mark is placed ‘‘near’’ 

the primary and additional marking and 

the mark itself to indicate it is a 

duplicate of the inner receptacle mark. 

RIBCA submitted a comment agreeing 

with the proposed amendment. 

In response to the comments from 

RIPA and RIBCA, PHMSA clarifies that 

copying of the inner receptacle marking 

on the outer packaging must be 

consistent. PHMSA confirms it is 

permissible to include the ‘‘/B’’ mark to 

indicate that the inner receptacle mark 

is a duplicate marking. However, 

PHMSA does not agree it is necessary to 

require this additional information by 

way of regulatory text—PHMSA submits 

the guidance in this preamble 

discussion should suffice to elaborate 

on PHMSA’s intent in revising 

§ 178.703. For clarification, it is 

expected that the marking replicated on 

the outer packaging of the IBC should be 

the same as the marking on the inner 

receptacle and placed in a visible 

location in the vicinity of the outer 

receptacle marking. 

Therefore, PHMSA is revising 

§ 178.703(b)(6) to require that markings 

on inner receptacles of composite IBCs 

must either be readily visible while in 

the outer packaging or duplicated on the 

outer packaging to facilitate inspection 

verifying compliance with the 

applicable package performance 

standard marking requirements. 

In paragraph (b)(7), which outlines 

the marking requirements for IBCs that 

are designed to be stacked, PHMSA 

proposed to revise the language in 

paragraph (b)(7)(iv) to clarify the 

maximum stacking load requirements 

pertaining to each marking requirement. 

Currently paragraph (b)(7)(iv) indicates 

that the maximum permitted stacking 

load ‘‘applicable when the IBC is in 

use,’’ must be displayed. In the NPRM, 

PHMSA made the case that this phrase 

may be misinterpreted to mean that the 

stacking load applies only to 

transportation, leading to these 

packagings being stacked 

inappropriately when not in 

transportation, such as in warehouse 

storage. 

PHMSA received comments from 

RIBCA and RIPA on the IBC stacking 

mark. RIBCA generally agrees with the 

proposed revision but believes the 

words ‘‘applicable when the IBC is in 

use’’ is too ambiguous. RIBCA adds that 

the required marking for the stacking 

load limit specified in the UNMR is 

based on anticipated dynamic forces 

that may be encountered in transport 

and such potential forces are not present 

in other settings such as storage. RIPA 

also notes that higher stacking loads 

have not proven to pose a concern in 

storage where IBCs may safely be 

stacked with loads exceeding the 

marked limit. Additionally, RIPA 

suggests that PHMSA clarify this 

provision while remaining within the 

bounds of its regulatory authority by 

retaining the existing phrasing and 

simply replacing the word ‘‘use’’ with 

‘‘transportation,’’ which includes 

storage incidental to movement. 

PHMSA agrees with comments by 

RIBCA and RIPA that as proposed, the 

revision to (b)(7)(iv) goes beyond the 

statutory authority for regulations of 

hazardous materials in transportation 

and the intended regulation applying to 

the safety of stacking IBCs when 

transported in commerce. Therefore, 

PHMSA is adjusting the proposed 

amendment to § 178.703(b)(6) to revise 

the phrase ‘‘applicable when the IBC is 

in use’’ to instead read ‘‘applicable 

when the IBC is in transportation’’ to 

clarify that stacking loads should never 

be exceeded when in transportation 

including when stored incidental to 

movement. Clarifying the regulatory text 

regarding the proper handling of these 

packagings will provide an enhanced 

level of safety both during transport and 

during storage incidental to that 

transportation. This revision addresses 

RIPA and RIBCA’s concern that the 

stacking mark revision will affect IBCs 

while stacked in storage. 

Section 178.705 

Section 178.705 prescribes 

specifications for metal IBCs. Paragraph 

(c) outlines construction requirements 

and paragraph (c)(1)(iv) specifies the 

minimum wall thickness requirements 

for metal IBCs. Metal IBCs are currently 

the only type of IBCs for which there are 

minimum wall thickness requirements, 

which is likely a holdover from 

regulations for cubical tank containers, 

from which the metal IBCs were once 

derived.36 In contrast, because of 

performance testing requirements’ (i.e., 

drop, stack, and vibration) ability to 

demonstrate the integrity of the package, 

the 21st revised edition of the UNMR 

include an amendment which now 

provides that minimum wall thickness 

requirements apply only to metal IBCs 

that have a capacity of more than 1500 

L (396 gallons), while metal IBCs with 

a volume of 1500 L or less are no longer 

subject to previous prescriptive 

minimum wall thickness requirements. 

In the NPRM, PHMSA proposed to 

revise the minimum wall thickness 

requirements for metal IBCs with a 

volume of 1500 L or less to provide 

additional design and construction 

flexibility. This revision harmonizes the 

minimum wall thickness requirements 

for IBCs with the 21st revised edition of 

the UNMR. In response to this proposal, 

PHMSA received comments from Dow, 

DGAC, and RIBCA in support of 

revising the minimum wall thickness 

requirements in § 178.705. 

Additionally, Dow, DGAC, and RIBCA 

all state their opposition to the 

alternative outlined in the NPRM for 

metal IBC wall thickness in § 171.23. 

The alternative for § 171.23 would have 

prescribed requirements for specific 

materials and packagings transported 

under incorporated international 

standards and prohibited transportation 

or offering for transportation of metal 

IBCs with a capacity of 1500 L or less. 

The alternative would have applied 

when that transportation is made in 

accordance with the ICAO Technical 

Instructions, IMDG Code, Transport 

Canada TDG Regulations, or the IAEA 

Regulations. However, due to the fact 

that PHMSA did not receive any 

additional information in response to 

the questions presented in the NPRM, 

the alternative—as outlined in § 171.23 

of the NPRM—is not being pursued at 

this time. 

Therefore, PHMSA is revising the 

minimum wall thickness requirements 

in § 178.705 for metal IBCs with a 

volume of 1500 L or less. These 

revisions will provide additional design 

and construction flexibility. 

Additionally, this amendment will 

harmonize the HMR with the 21st 

revised edition of the UNMR. 

Lastly, in response to the NPRM, 

RIPA notes that there are dozens of 


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37 58 FR 51735 (Oct. 4, 1993). 

38https://www.transportation.gov/sites/dot.gov/ 

files/2021-06/DOT-2100.6A-Rulemaking-andGuidance-%28003%29.pdf. 

metal IBC styles in use today with 

capacities ranging from approximately 

416 L (110 gallons) up to 1500 L (496 

gallons) that are manufactured using 

several kinds of steels, including carbon 

steel and several varieties of stainless 

steel designed to carry highly corrosive 

and toxic materials. RIPA believes it 

would be beneficial if PHMSA took the 

time to assess the types and quantities 

of materials shipped in metal IBCs 

before determining if the existing metal 

thickness requirement should be 

dropped for these packagings. 

PHMSA appreciates RIPAs comments 

and will take these comments into 

consideration for further action in the 

future. Additionally, PHMSA 

encourages RIPA to submit a petition for 

rulemaking in accordance with 

§ 106.100 providing data and arguments 

for why PHMSA should or should not 

expand the minimum wall thickness 

criteria to other types and quantities of 

materials shipped in IBCs. 

G. Part 180 

Section 180.207 

Section 180.207 outlines the 

requirements for the requalification of 

UN pressure receptacles. Paragraph (d) 

specifies the requalification procedures 

for various types of UN cylinders but, 

consistent with historical approach of 

the UNMR, does not include any 

procedures for the periodic inspection 

of UN cylinder bundles. However, the 

21st revised edition of the UNMR 

addressed that gap by adding a new 

reference document entitled ISO 20475: 

2018 ‘‘Gas cylinders—Cylinder 

bundles—Periodic inspection and 

testing.’’ ISO 20475 provides detailed 

procedures for maintenance and 

periodic inspection of cylinder bundles. 

PHMSA adds paragraph (d)(7) to 

reference ISO 20475:2018, ‘‘Gas 

cylinders—Cylinder bundles—Periodic 

inspection and testing’’ providing a 

requalification standard for UN cylinder 

bundles because requalification 

procedures may differ for bundles of 

cylinders versus individual cylinders. 

This document was developed based on 

the need for a standard specific to 

cylinder bundles which would allow 

these cylinders to be reintroduced into 

service for an extended period of time. 

PHMSA expects that incorporating by 

reference a safety standard for 

requalification will reduce business 

costs and environmental effects by 

allowing existing cylinders to be 

reintroduced into service for continued 

use. As a participant on the UNSCOE, 

this standard was reviewed by PHMSA 

and other international bodies for 

inclusion in the UNMR based on its 

need and safety merit. Incorporating by 

reference ISO 20475 in the HMR is 

necessary, not only for international 

harmonization, but also to address the 

lack of such a standard in the HMR. 

Additionally, PHMSA is removing a 

reference to the outdated, third edition 

of ISO 10462(E), ‘‘Gas cylinders— 

Transportable cylinders for dissolved 

acetylene—Periodic inspection and 

maintenance’’ in paragraph (d)(3) used 

for the requalification of dissolved 

acetylene cylinders. Requalification is 

required in accordance with the third 

edition of ISO 10462:2013(E); however, 

requalification in accordance with the 

second edition was authorized until 

December 31, 2018, in § 180.207(d)(3). 

This date has since passed and, 

therefore, PHMSA is removing the 

reference from this section of the HMR. 

Consistent with this revision, the 

incorporation by reference of the second 

edition is removed from § 171.7(w) of 

the HMR. Additionally, acetylene 

cylinders requalified in accordance with 

the second edition before December 31, 

2018, must be subsequently requalified 

in accordance with referenced third 

edition. PHMSA expects that these 

amendments will enhance safety by 

providing cylinder users with the 

necessary guidelines for the continued 

use of UN cylinders. 

The regulatory text references ISO 

10462:2013(E), which was previously 

approved for incorporation by reference 

in this section, and no changes are being 

made to this standard. 

VI. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This final rule is published under the 

authority of Federal hazardous materials 

transportation law (49 U.S.C. 5101 et 

seq.), which authorizes the Secretary of 

Transportation to prescribe regulations 

for the safe transportation of hazardous 

materials—including security—in 

intrastate, interstate, and foreign 

commerce. Additionally, 49 U.S.C. 5120 

authorizes the Secretary to consult with 

interested international authorities to 

ensure that, to the extent practicable, 

regulations governing the transportation 

of hazardous materials in commerce are 

consistent with the standards adopted 

by international authorities. The 

Secretary has delegated the authority 

granted in the Federal hazardous 

materials transportation law to the 

PHMSA Administrator at 49 CFR 

1.97(b). 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

Executive Order 12866 (‘‘Regulatory 

Planning and Review’’) 37 requires 

agencies to regulate in the ‘‘most costeffective manner,’’ to make a ‘‘reasoned 

determination that the benefits of the 

intended regulation justify its costs,’’ 

and to develop regulations that ‘‘impose 

the least burden on society.’’ Similarly, 

DOT Order 2100.6A (‘‘Policies and 

Procedures for Rulemakings’’) 38

requires that PHMSA rulemaking 

actions include ‘‘an assessment of the 

potential benefits, costs, and other 

important impacts of the regulatory 

action,’’ and any significant 

distributional impacts, including any 

environmental impacts. 

Executive Order 12866 and DOT 

Order 2100.6A require that PHMSA 

submit ‘‘significant regulatory actions’’ 

to OMB for review. This rulemaking is 

not considered a significant regulatory 

action under section 3(f) of Executive 

Order 12866 and, therefore, was not 

formally reviewed by OMB. This 

rulemaking is also not considered a 

significant rule under DOT Order 

2100.6A. 

The following is a brief summary of 

costs, savings, and net benefits of some 

of the amendments in this final rule. In 

the RIA, PHMSA developed a more 

detailed analysis of these costs and 

benefits, and a copy of it has been 

placed in the rulemaking docket. 

PHMSA is amending the HMR to 

maintain alignment with international 

regulations and standards, thereby 

maintaining the high safety standard 

currently achieved under the HMR, 

facilitating the safe transportation of 

critical vaccines and other medical 

materials associated with the response 

to the COVID–19 public health 

emergency, and aligning 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 

examined the likely impacts of 

finalizing and implementing the 

provisions in the final rule in order to 

assess the benefits and costs of these 

amendments. This analysis allowed 

PHMSA to quantitatively assess the 

material effects of three of the 

amendments in this final rule. The 

effects of six remaining amendments are 

not quantified but are assessed 

qualitatively. 


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39 64 FR 43255 (Aug. 10, 1999). 

40 74 FR 24693 (May 22, 2009). 41 65 FR 67241 (Nov. 9, 2000). 

PHMSA estimates that the annualized 

quantified net cost savings of this 

rulemaking, using a seven percent (7%) 

discount rate, are approximately $24.5 

to $28.3 million per year. The table 

below presents a summary of the 

monetized impacts of changes made in 

this final rule. PHMSA notes that its 

estimated net cost savings below are 

consistent with the estimates within the 

Preliminary Regulatory Impact 

Assessment (PRIA) supporting the 

NPRM: 

SUMMARY TABLE OF NET REGULATORY COST SAVINGS, DISCOUNT RATE = 7%, 2022–2031 

[$2019] 

Rule amendments 

10 Year costs 10 Year cost savings 10 Year net cost savings Annual costs Annual cost savings Annual net cost 

savings 

Low High Low High Low High Low High Low High Low High 

Amendment 2: Electric and Electronic 

Detonators ............. $637,197 $862,238 0 0 ($637,197) ($862,238) $90,723 $122,763 0 0 ($90,723) ($122,763) 

Amendment 5: Lithium Battery Mark ... 0 0 $166,458,847 $171,243,943 166,458,847 171,243,943 0 0 $23,699,995 $24,381,285 23,699,995 24,381,285 

Amendment 7: Data 

Loggers .................. 0 0 6,443,740 28,443,710 6,443,740 28,443,710 0 0 917,444 4,094,744 917,444 4,094,744 

Total ................... 637,197 862,238 172,902,587 199,687,653 172,265,389 198,825,414 90,723 122,763 24,617,438 28,431,029 24,526,716 28,308,266 

Although PHMSA received comments 

on its anticipated safety benefits in the 

rulemaking (discussed above in Section 

IV), PHMSA received one comment that 

hints at an overstatement of the benefits 

of the rule when considering the 

quantification of compliance costs, 

including increased training costs for 

compliance. However, the comment 

provided no quantifiable data to rebut 

the compliance costs PHMSA proposed 

in the PRIA. No additional comments 

were received from stakeholders on 

PHMSA’s quantification of compliance 

costs and benefits within the PRIA. The 

safety and environmental benefits of the 

final rule have not been quantified. 

However, PHMSA expects these 

amendments will help to improve 

public safety and reduce the risk of 

environmental harm by maintaining 

consistency between these international 

regulations and the HMR. 

Harmonization of the HMR with 

international consensus standards may 

reduce delays and interruptions of 

hazardous materials during 

transportation, thereby lowering GHG 

emissions and safety risks to 

communities—including minority, lowincome, underserved, and other 

disadvantaged populations and 

communities—in the vicinity of interim 

storage sites and transportation arteries 

and hubs. 

C. Executive Order 13132 

PHMSA analyzed this rulemaking in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’) 39 and the 

Presidential memorandum 

(’’Preemption’’) that was published in 

the Federal Register on May 22, 2009.40

Executive Order 13132 requires agencies 

to assure meaningful and timely input 

by state and local officials in the 

development of regulatory policies that 

may have ‘‘substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government.’’ 

The rulemaking may preempt state 

and local, and Native American Tribe 

requirements, but does not revise any 

regulation that has substantial direct 

effects on the States, the relationship 

between the national government and 

the States, or the distribution of power 

and responsibilities among the various 

levels of government. The federal 

hazardous materials transportation law 

contains an express preemption 

provision at 49 U.S.C.5125(b) that 

preempts state, local, and tribal 

requirements on certain covered 

subjects, unless the non-federal 

requirements are ‘‘substantively the 

same’’ as the federal requirements, 

including the following: 

(1) The designation, description, and 

classification of hazardous material; 

(2) The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous material; 

(3) The preparation, execution, and 

use of shipping documents related to 

hazardous material and requirements 

related to the number, contents, and 

placement of those documents; 

(4) The written notification, 

recording, and reporting of the 

unintentional release in transportation 

of hazardous material; and 

(5) The design, manufacture, 

fabrication, inspection, marking, 

maintenance, recondition, repair, or 

testing of a packaging or container 

represented, marked, certified, or sold 

as qualified for use in transporting 

hazardous material in commerce. 

This final rule addresses covered 

subject items (1), (2), (3), (4), and (5) 

above and preempts State, local, and 

Tribal requirements not meeting the 

‘‘substantively the same’’ standard. In 

this instance, the preemptive effect of 

the final rule is limited to the minimum 

level necessary to achieve the objectives 

of the hazardous materials 

transportation law under which the 

final rule is promulgated. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

D. Executive Order 13175 

PHMSA analyzed this rulemaking in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’) 41

and DOT Order 5301.1 (‘‘Department of 

Transportation Policies, Programs, and 

Procedures Affecting American Indians, 

Alaska Natives, and Tribes’’). Executive 

Order 13175 and DOT Order 5301.1 

require DOT Operating Administrations 

to assure meaningful and timely input 

from Native American Tribal 

government representatives in the 

development of rules that significantly 

or uniquely affect Tribal communities 

by imposing ‘‘substantial direct 

compliance costs’’ or ‘‘substantial direct 

effects’’ on such communities or the 

relationship and distribution of power 

between the federal government and 

Native American Tribes. 

PHMSA assessed the impact of the 

rulemaking and determined that it does 

not significantly or uniquely affect 

Tribal communities or Native American 

Tribal governments. The changes to the 

HMR as written in this final rule are 

facially neutral and have broad, national 

scope; PHMSA, therefore, expects this 

rulemaking not to significantly or 

uniquely affect Tribal communities, 

much less impose substantial 

compliance costs on Native American 


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42 67 FR 53461 (Aug. 16, 2002). 43 DOT, ‘‘Rulemaking Requirements Related to 

Small Entities,’’ https://www.transportation.gov/ 

regulations/rulemaking-requirements-concerningsmall-entities (last accessed June 17, 2021). 

Tribal governments or mandate Tribal 

action. Because PHMSA expects the 

rulemaking will not adversely affect the 

safe transportation of hazardous 

materials generally, PHMSA does not 

expect it will entail disproportionately 

high adverse risks for Tribal 

communities. For these reasons, 

PHMSA finds the funding and 

consultation requirements of Executive 

Order 13175 and DOT Order 5301.1 do 

not apply. 

E. Regulatory Flexibility Act and 

Executive Order 13272 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires agencies to 

review regulations to assess their impact 

on small entities, unless the agency 

head certifies that a rulemaking will not 

have a significant economic impact on 

a substantial number of small entities 

including small businesses, not-forprofit organizations that are 

independently owned and operated and 

are not dominant in their fields, and 

governmental jurisdictions with 

populations under 50,000. The 

Regulatory Flexibility Act directs 

agencies to establish exceptions and 

differing compliance standards for small 

businesses, where possible to do so and 

still meet the objectives of applicable 

regulatory statutes. Executive Order 

13272 (‘‘Proper Consideration of Small 

Entities in Agency Rulemaking’’) 42

requires agencies to establish 

procedures and policies to promote 

compliance with the Regulatory 

Flexibility Act and to ‘‘thoroughly 

review draft rules to assess and take 

appropriate account of the potential 

impact’’ of the rules on small 

businesses, governmental jurisdictions, 

and small organizations. The DOT posts 

its implementing guidance on a 

dedicated web page.43

This final rule has been developed in 

accordance with Executive Order 13272 

and with DOT’s procedures and policies 

to promote compliance with the 

Regulatory Flexibility Act to ensure that 

potential impacts of draft rules on small 

entities are properly considered. This 

final rule facilitates the transportation of 

hazardous materials in international 

commerce by providing consistency 

with international standards. It applies 

to offerors and carriers of hazardous 

materials, some of whom are small 

entities, such as chemical 

manufacturers, users, and suppliers, 

packaging manufacturers, distributors, 

and training companies. As discussed at 

length in the RIA in the rulemaking 

docket, the amendments in this rule 

should result in net cost savings that 

will ease the regulatory compliance 

burden for those and other entities 

engaged in domestic and international 

commerce, including trans-border 

shipments within North America. 

Additionally, the changes in this final 

rule will relieve U.S. companies— 

including small entities competing in 

foreign markets—from the burden of 

complying with a dual system of 

regulations. Therefore, PHMSA certifies 

that these amendments will not, if 

adopted, have a significant economic 

impact on a substantial number of small 

entities. 

F. Paperwork Reduction Act 

PHMSA has analyzed this final rule in 

accordance with the Paperwork 

Reduction Act. PHMSA currently 

accounts for shipping paper burdens 

under OMB Control Number 2137–0034, 

‘‘Hazardous Materials Shipping Papers 

and Emergency Response Information.’’ 

PHMSA makes a number of 

amendments that may impact the 

burden accounted for in OMB Control 

Number 2137–0034. They include 

requiring the word ‘‘stabilized’’ as a part 

of the proper shipping name for 

‘‘UN2522, 2-Dimethlaminoethl 

methacrylate,’’ adding the applicable 

term ‘‘DAMAGED/DEFECTIVE,’’ 

‘‘LITHIUM BATTERIES FOR 

DISPOSAL’’ or ‘‘LITHIUM BATTERIES 

FOR RECYCLING,’’ excepting marine 

pollutants from the requirement to 

supplement the proper shipping name 

with a technical name for UN3077 and 

UN3082 and requiring documentation of 

the holding time for refrigerated 

liquefied gases transported in portable 

tanks. However, while PHMSA 

estimates that there will be some impact 

in the annual burden related to shipping 

papers, PHMSA expects the overall 

impact to annual burden is negligible in 

relation to the number of burden hours 

currently associated with this 

information collection. 

OMB Control Number 2137–0051, 

‘‘Rulemaking, Special Permits, and 

Preemption Requirements,’’ currently 

accounts for burden associated with 

petitions for rulemaking, special permit 

applications, and preemption requests. 

PHMSA is authorizing certain ISO 

standard valves in § 173.301b(c)(2) and 

expands § 175.10 to allow passenger and 

crewmembers to carry certain Division 

2.2 aerosols in carry-on baggage, both of 

which eliminate the need for use of a 

special permit. While PHMSA expects 

these revisions to reduce the burden 

associated with this information 

collection, PHMSA anticipates the 

reduction is negligible in relation to the 

total burden hours associated with 

special permit applications. 

PHMSA accounts for the burden from 

approval applications in OMB Control 

Number 2137–0557, ‘‘Approvals for 

Hazardous Materials.’’ PHMSA is 

adding a new HMT entry for ‘‘UN3549, 

Medical Waste, Category A, Affecting 

Humans, solid or Medical Waste, 

Category A, Affecting Animals only, 

solid’’ and require an approval for 

transportation in accordance with 

Special Provision 131, which PHMSA 

expects will increase the number of 

annual approval applicants. PHMSA 

also is adding new entries to the 

§ 173.225 Organic Peroxide Table, 

which PHMSA expects will decrease the 

number of annual approval applicants. 

Overall, PHMSA expects that these 

changes are negligible to the overall 

impact of the total burden in relation to 

the number of burden hours associated 

with this information collection. 

G. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (UMRA; 2 U.S.C. 1501 et seq.) 

requires agencies to assess the effects of 

Federal regulatory actions on State, 

local, and Tribal governments, and the 

private sector. For any NPRM or final 

rule that includes a federal mandate that 

may result in the expenditure by State, 

local, and Tribal governments, or by the 

private sector of $100 million or more 

in 1996 dollars in any given year, the 

agency must prepare, amongst other 

things, a written statement that 

qualitatively and quantitatively assesses 

the costs and benefits of the Federal 

mandate. 

As explained in the RIA, this 

rulemaking does not impose unfunded 

mandates under the UMRA. It does not 

result in costs of $100 million or more 

in 1996 dollars to either State, local, or 

Tribal governments, or to the private 

sector, in any one year. A copy of the 

RIA is available for review in the 

rulemaking docket. 

H. Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA; 42 U.S.C. 4321 et 

seq.), requires that Federal agencies 

analyze actions to determine whether 

the action will have a significant impact 

on the human environment. The 

Council on Environmental Quality 

implementing regulations—i.e., 40 CFR 

parts 1500–1508—require Federal 

agencies to conduct an environmental 

review considering: (1) the need for the 

action; (2) alternatives to the action; (3) 

probable environmental impacts of the 

action and alternatives; and (4) the 


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agencies and persons consulted during 

the consideration process. DOT Order 

5610.1C (‘‘Procedures for Considering 

Environmental Impacts’’) establishes 

departmental procedures for evaluation 

of environmental impacts under NEPA 

and its implementing regulations. 

1. Purpose and Need 

This final rule amends the HMR to 

maintain alignment with international 

consensus standards by incorporating 

into the HMR 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 notes that the 

amendments in this final rule are 

expected to result in cost savings and 

reduced regulatory burden for shippers 

engaged in domestic and international 

commerce, including trans-border 

shipments within North America. 

Absent adoption of the amendments in 

the final rule, U.S. companies— 

including numerous small entities 

competing in foreign markets—may be 

at an economic disadvantage because of 

their need to comply with a dual system 

of regulations. Further, the HMR 

amendments introduced in this 

rulemaking 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 that are expected 

to reduce the emission of greenhouse 

gases from the transportation sector. 

As previously explained in the 

preamble of this final rule and the RIA 

(each of which are incorporated by 

reference in this discussion of the 

environmental impacts of the Selected 

Action Alternative), PHMSA expects the 

adoption of the regulatory amendments 

in this final rule to maintain the high 

safety standard currently achieved 

under the HMR. PHMSA has evaluated 

the safety of each of the amendments in 

this final rule individually, as well as 

the aggregate impact on transportation 

safety from adoption of this final rule. 

PHMSA received no comments on the 

draft environmental assessment within 

the NPRM’s discussion of NEPA. 

2. Alternatives Considered 

In this rulemaking, PHMSA 

considered the following alternatives: 

Alternative #1: No Action 

If PHMSA were to select the No 

Action Alternative, current regulations 

remain in place and no provisions will 

be amended or added. 

Alternative #2: Amend the HMR as 

Provided in This Final Rule 

The final Rule Alternative would 

adopt the HMR amendments set forth in 

this final rule, and was previously 

referred to as the ‘‘Proposed Action 

Alternative’’ in the draft environmental 

assessment (DEA) that was included 

within the NPRM. The amendments 

included in this alternative are more 

fully discussed in the preamble and 

regulatory text sections of this final rule. 

3. Reasonably Foreseeable 

Environmental Impacts of the 

Alternatives 

Alternative #1: No Action 

After careful consideration of public 

comments on the NPRM (none of which 

directly addressed the draft 

environmental assessment), and revised 

analyses of economic and 

environmental impacts of the Proposed 

Action Alternative, PHMSA has adopted 

the Proposed Action Alternative (i.e., 

the final rule) as the Selected Action. If 

PHMSA selected the No Action 

Alternative, the HMR would remain 

unchanged, and no provisions would be 

amended or added. However, any 

economic benefits gained through 

harmonization of the HMR with 

updated international consensus 

standards—including, but not limited 

to, the 21st revised edition of the 

UNMR, the 2021–2022 ICAO Technical 

Instructions and Amendment 40–20 of 

the IMDG Code—governing shipping of 

hazardous materials would not be 

realized. 

Additionally, the No Action 

Alternative would not adopt enhanced 

and clarified regulatory requirements 

expected to maintain the high level of 

safety in the transportation of hazardous 

materials as provided by the HMR. As 

explained in the preamble to the NPRM 

and the final rule, consistency between 

the HMR and current international 

standards can enhance safety by (1) 

ensuring that the HMR is informed by 

the latest best practices and lessons 

learned; (2) improving understanding of 

and compliance with pertinent 

requirements; (3) enabling consistent 

emergency response procedures in the 

event of a hazardous materials incident; 

and (4) facilitating the smooth flow of 

hazardous materials from their points of 

origin to their points of destination. 

Avoiding delays, interruptions, or 

reshipments associated with 

inconsistencies between the HMR and 

international standards prevents 

environmental impacts from: (1) 

increased risk of release of hazardous 

materials during extra tips or pauses in 

transportation and (2) additional fuel 

combustion and degradation of 

transportation infrastructure. PHMSA 

would not capture those benefits if it 

did not incorporate the updated 

international standards into the HMR 

under the No Action Alternative. 

Additionally, some of the HMR 

amendments are expected to better 

accommodate the safe transportation of 

emerging technologies—in particular 

lithium battery technologies and adding 

shipping paper requirements intended 

to reduce the likelihood of venting 

refrigerated gases, including extremely 

potent greenhouse gases such as nitrous 

oxide. As explained in the RIA, PHMSA 

expects a significant increase in the 

volume of shipments of lithium 

batteries over time as more sectors of the 

U.S. domestic and international 

economies electrify. PHMSA’s HMR 

amendments pertaining to lithium 

batteries—which touch on multiple 

stages in the lifecycle of a lithium 

battery—are intended to ensure that 

expansion occurs safely. The No Action 

Alternative, in contrast, would not 

amend the HMR to account for these 

emerging trends in the transportation of 

hazardous materials. 

PHMSA notes that the No Action 

Alternative would avoid any risks to 

public safety and the environment from 

the proposed authorization of shipments 

of hazardous materials offered pursuant 

to temporary certificates issued by 

Transport Canada. While the 

transportation of hazardous materials 

always entails some risk, allowing the 

transportation of hazardous materials 

pursuant to temporary certificates 

issued by Transport Canada could 

facilitate shipments of hazardous 

materials that are not otherwise 

compliant with the HMR and do not 

meet an equivalent standard of safety. 

Arguably, this allowance could entail 

greater risks to public safety and the 

environment. However, based on years 

of collaboration, PHMSA considers 

Transport Canada to be a partner in 

hazardous materials safety and has 

confidence in the technical expertise 

and judgement of the hazardous 

materials safety SMEs at Transport 

Canada. PHMSA further submits that 

any risks are mitigated by (1) the 

technical review by Transport Canada 

subject matter experts to determine any 

shipments would be in the public 

interest, (2) the limited duration of those 

temporary certificates, (3) the terms and 

conditions imposed in those certificates, 

(4) other regulatory requirements under 

the TDG Regulations or the HMR that 

may remain applicable, and (5) 

PHMSA’s limitation of its recognition of 

temporary certificates to transportation 

via motor carrier and rail during the 


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44 59 FR 7629 (Feb. 11, 1994). 

45 86 FR 7009 (Jan. 20, 2021). 

46 86 FR 7037 (Jan. 20, 2021). 

47 86 FR 7619 (Feb. 1, 2021). 

48 65 FR 19477 (Apr. 11, 2000). 

49 77 FR 26413 (May 4, 2012). 

particular shipment authorized by a 

temporary certificate. 

PHMSA expects that the No Action 

Alternative could have a modest 

negative impact on GHG emissions. 

PHMSA expects the differences between 

the HMR and international standards for 

transportation of hazardous materials 

could result in transportation delays or 

interruptions and anticipates that there 

could be modestly higher GHG 

emissions from some combination of (1) 

transfer of delayed hazardous materials 

to and from interim storage, (2) return 

of improperly shipped materials to their 

point of origin, and (3) re-shipment of 

returned materials. Also, this final rule 

creates requirements for the shipment of 

refrigerated gases, including highly 

potent greenhouse gases, to inform 

shippers and carriers about when the 

gases will begin venting, which could 

facilitate planning to prevent these 

environmentally harmful releases. 

PHMSA notes that it is unable to 

quantify such GHG emissions because of 

the difficulty in identifying the precise 

quantity or characteristics of such 

interim storage or returns/re-shipments. 

Final Rule Alternative 

As described above, PHMSA expects 

the Selected Action will yield superior 

benefits (cost benefits for shippers and 

carriers; public safety and 

environmental benefits; equity benefits) 

compared to the No Action Alternative. 

4. Agencies Consulted 

PHMSA expects this final rule would 

affect hazardous materials shippers and 

carriers by highway, rail, vessel, and 

aircraft, as well as package 

manufacturers and testers. PHMSA has 

coordinated with the Federal Aviation 

Administration, the Federal Motor 

Carrier Safety Administration, the 

Federal Railroad Administration, and 

the United States Coast Guard in the 

development of this final rule. As such, 

PHMSA did not receive any adverse 

comments on the amendments in this 

final rule from these or any other 

Federal Agencies. 

5. Conclusion 

PHMSA has determined the adoption 

of the Final Rule Alternative’s 

regulatory amendments within this final 

rule will maintain the HMR’s current 

high level of safety for shipments of 

hazardous materials transported by 

highway, rail, air, and vessel, and as 

such finds the HMR amendments 

adopted in the final rule will have no 

significant impact on the human 

environment. 

I. Executive Order 12898 

DOT Order 5610.2C (Department of 

Transportation Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’) and Executive Orders 

12898 (‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’),44 13985 (‘‘Advancing 

Racial Equity and Support for 

Underserved Communities Through the 

Federal Government’’),45 13990 

(‘‘Protecting Public Health and the 

Environment and Restoring Science To 

Tackle the Climate Crisis’’),46 and 14008 

(‘‘Tackling the Climate Crisis at Home 

and Abroad’’) 47 require DOT agencies to 

achieve environmental justice as part of 

their mission by identifying and 

addressing, as appropriate, 

disproportionately high and adverse 

human health or environmental effects, 

including interrelated social and 

economic effects of their programs, 

policies, and activities on minority 

populations, low-income populations, 

and other underserved and 

disadvantaged communities. 

PHMSA has evaluated this final rule 

under the above Executive Orders and 

DOT Order 5610.2C. PHMSA does not 

expect the final rule to cause 

disproportionately high and adverse 

human health and environmental effects 

on minority, low-income, underserved, 

and other disadvantaged populations, 

and communities. The rulemaking is 

facially neutral and national in scope; it 

is neither directed toward a particular 

population, region, or community, nor 

is it expected to adversely impact any 

particular population, region, or 

community. And because PHMSA 

expects the rulemaking would not 

adversely affect the safe transportation 

of hazardous materials generally, 

PHMSA does not expect the revisions to 

involve disproportionately high adverse 

risks for minority populations, lowincome populations, or other 

underserved and other disadvantaged 

communities. 

PHMSA submits that the rulemaking 

could in fact reduce risks to minority 

populations, low-income populations, 

or other underserved and other 

disadvantaged communities. Because 

the HMR amendments may avoid the 

release of hazardous materials and 

reduce the frequency of delays and 

returned/resubmitted shipments of 

hazardous materials resulting from 

conflict between the current HMR and 

updated international standards, the 

final rule could reduce risks to 

populations and communities— 

including any minority, low-income, 

underserved and other disadvantaged 

populations and communities—in the 

vicinity of interim storage sites and 

transportation arteries and hubs. 

Additionally, as explained in the above 

discussion of NEPA, PHMSA expects 

that its HMR amendments will yield 

modest GHG emissions reductions, 

thereby reducing the risks posed by 

anthropogenic climate change to 

minority, low-income, underserved, and 

other disadvantaged populations, and 

communities. 

J. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, including any personal information 

the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS). DOT’s complete Privacy Act 

Statement is in the Federal Register 

published on April 11, 2000,48 or on 

DOT’s website at http://www.dot.gov/ 

privacy. 

K. Executive Order 13609 and 

International Trade Analysis 

Executive Order 13609 (‘‘Promoting 

International Regulatory 

Cooperation’’) 49 requires that agencies 

consider whether the impacts associated 

with significant variations between 

domestic and international regulatory 

approaches are unnecessary or may 

impair the ability of American business 

to export and compete internationally. 

In meeting shared challenges involving 

health, safety, labor, security, 

environmental, and other issues, 

international regulatory cooperation can 

identify approaches that are at least as 

protective as those that are or would be 

adopted in the absence of such 

cooperation. International regulatory 

cooperation can also reduce, eliminate, 

or prevent unnecessary differences in 

regulatory requirements. 

Similarly, the Trade Agreements Act 

of 1979 (Pub. L. 96–39), as amended by 

the Uruguay Round Agreements Act 

(Pub. L. 103–465) (as amended, the 

Trade Agreements Act), prohibits 

agencies from establishing any 

standards or engaging in related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Pursuant to the Trade 

Agreements Act, the establishment of 


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standards is not considered an 

unnecessary obstacle to the foreign 

commerce of the United States, so long 

as the standards have a legitimate 

domestic objective, such as providing 

for safety, and do not operate to exclude 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. 

PHMSA participates in the 

establishment of international standards 

to protect the safety of the American 

public, and it has assessed the effects of 

the final rule to ensure that it does not 

cause unnecessary obstacles to foreign 

trade. In fact, the final rule is expected 

to facilitate international trade by 

harmonizing U.S. and international 

requirements for the transportation of 

hazardous materials so as to reduce 

regulatory burdens and minimize delays 

arising from having to comply with 

divergent regulatory requirements. 

Accordingly, this rulemaking is 

consistent with Executive Order 13609 

and PHMSA’s obligations under the 

Trade Agreements Act. 

L. National Technology Transfer and 

Advancement Act 

The National Technology Transfer 

and Advancement Act of 1995 (15 

U.S.C. 272 note) directs Federal 

agencies to use voluntary consensus 

standards in their regulatory activities 

unless doing so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

specification of materials, test methods, 

or performance requirements) that are 

developed or adopted by voluntary 

consensus standard bodies. This 

rulemaking involves multiple voluntary 

consensus standards which are 

discussed at length in the discussion on 

§ 171.7. See SECTION 171.7 of the ‘‘V. 

Section-by-Section Review of 

Amendments’’ for further details. 

List of Subjects 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 172 

Education, Hazardous materials 

transportation, Hazardous waste, 

Incorporation by reference, Labeling, 

Markings, Packaging and containers, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Incorporation by reference, Packaging 

and containers, Radioactive materials, 

Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 175 

Air carriers, Hazardous materials 

transportation, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 176 

Maritime carriers, Hazardous 

materials transportation, Incorporation 

by reference, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 178 

Hazardous materials transportation, 

Incorporation by reference, Motor 

vehicle safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 180 

Hazardous materials transportation, 

Motor carriers, Motor vehicle safety, 

Packaging and containers, Railroad 

safety, Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, 

PHMSA amends 49 CFR chapter I as 

follows: 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 1. The authority citation for part 171 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 

Pub. L. 101–410 section 4; Pub. L. 104–134, 

section 31001; Pub. L. 114–74 section 4 (28 

U.S.C. 2461 note); 49 CFR 1.81 and 1.97. 

■ 2. In § 171.7: 

■ a. Revise paragraphs (a), (s)(1), (t)(1), 

(v)(2), and (w)(38) through (77); 

■ b. Add paragraphs (w)(78) through 

(81); and 

■ c. Revise paragraphs (aa) introductory 

text, (aa)(3), and (dd)(1) through (4). 

The revisions and additions read as 

follows: 

§ 171.7 Reference material. 

(a) Certain material is incorporated by 

reference into subchapters A, B, and C 

with the approval of the Director of the 

Federal Register in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. To 

enforce any edition other than that 

specified in this section, PHMSA must 

publish a document in the Federal 

Register and the material must be 

available to the public. All approved 

incorporation by reference (IBR) 

material is available for inspection at 

PHMSA and at the National Archives 

and Records Administration (NARA). 

Contact PHMSA at: The Office of 

Hazardous Materials Safety, Office of 

Hazardous Materials Standards, East 

Building, PHH–10, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. For information on the availability 

of this material at PHH–10, call 1–800– 

467–4922, or go to: www.phmsa.dot.gov. 

For information on the availability of 

this material at NARA, email: 

fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. The material may be 

obtained from the source(s) in the 

following paragraph(s) of this section. 

* * * * * 

(s) * * * 

(1) IAEA Safety Standards for 

Protecting People and the Environment; 

Regulations for the Safe Transport of 

Radioactive Material, Specific Safety 

Requirements No. SSR–6 (Rev.1), (IAEA 

Regulations), 2018 Edition, copyright 

2018; into §§ 171.22; 171.23; 171.26; 

173.415 through 173.417; 173.435; 

173.473. 

* * * * * 

(t) * * * 

(1) ICAO Doc 9284. Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air (ICAO 

Technical Instructions), 2021–2022 

Edition, copyright 2020; into §§ 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; 178.3. 

* * * * * 

(v) * * * 

(2) International Maritime Dangerous 

Goods Code (IMDG Code), Incorporating 

Amendment 40–20 (English Edition), 

(Volumes 1 and 2), 2020 Edition, 

copyright 2020; into §§ 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; 

178.274. 

(w) * * * 

(38) ISO 10156:2017(E), Gas 

cylinders—Gases and gas mixtures— 

Determination of fire potential and 

oxidizing ability for the selection of 

cylinder valve outlets, Fourth edition, 

2017–07; into § 173.115. 

(39) ISO 10297:1999(E), Gas 

cylinders—Refillable gas cylinder 

valves—Specification and type testing, 

First Edition, 1995–05–01; into 

§§ 173.301b; 178.71. 

(40) ISO 10297:2006(E), Transportable 

gas cylinders—Cylinder valves— 

Specification and type testing, Second 

Edition, 2006–01–15; into §§ 173.301b; 

178.71. 


khammond on DSKJM1Z7X2PROD with RULES3
Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 44981 

(41) ISO 10297:2014(E), Gas 

cylinders—Cylinder valves— 

Specification and type testing, Third 

Edition, 2014–07–15; into §§ 173.301b; 

178.71. 

(42) ISO 10297:2014/Amd 1:2017(E), 

Gas cylinders—Cylinder valves— 

Specification and type testing— 

Amendment 1: Pressure drums and 

tubes, Third Edition, 2017–03; into 

§§ 173.301b; 178.71. 

(43) ISO 10461:2005(E), Gas 

cylinders—Seamless aluminum-alloy 

gas cylinders—Periodic inspection and 

testing, Second Edition, 2005–02–15 

and Amendment 1, 2006–07–15; into 

§ 180.207. 

(44) ISO 10462:2013(E), Gas 

cylinders—Acetylene cylinders— 

Periodic inspection and maintenance, 

Third edition, 2013–12–15; into 

§ 180.207. 

(45) ISO 10692–2:2001(E), Gas 

cylinders—Gas cylinder valve 

connections for use in the microelectronics industry—Part 2: 

Specification and type testing for valve 

to cylinder connections, First Edition, 

2001–08–01; into §§ 173.40; 173.302c. 

(46) ISO 11114–1:2012(E), Gas 

cylinders—Compatibility of cylinder 

and valve materials with gas contents— 

Part 1: Metallic materials, Second 

edition, 2012–03–15; into §§ 172.102; 

173.301b; 178.71. 

(47) ISO 11114–1:2012/Amd 

1:2017(E), Gas cylinders—Compatibility 

of cylinder and valve materials with gas 

contents—Part 1: Metallic materials— 

Amendment 1, Second Edition, 2017– 

01; into §§ 172.102, 173.301b, 178.71. 

(48) ISO 11114–2:2013(E), Gas 

cylinders—Compatibility of cylinder 

and valve materials with gas contents— 

Part 2: Non-metallic materials, Second 

edition, 2013–04; into §§ 173.301b; 

178.71. 

(49) ISO 11117:1998(E): Gas 

cylinders—Valve protection caps and 

valve guards for industrial and medical 

gas cylinders—Design, construction and 

tests, First edition, 1998–08–01; into 

§ 173.301b. 

(50) ISO 11117:2008(E): Gas 

cylinders—Valve protection caps and 

valve guards—Design, construction and 

tests, Second edition, 2008–09–01; into 

§ 173.301b. 

(51) ISO 11117:2008/Cor.1:2009(E): 

Gas cylinders—Valve protection caps 

and valve guards—Design, construction 

and tests, Technical Corrigendum 1, 

2009–05–01; into § 173.301b. 

(52) ISO 11118(E), Gas cylinders— 

Non-refillable metallic gas cylinders— 

Specification and test methods, First 

edition, October 1999; into § 178.71. 

(53) ISO 11118:2015(E), Gas 

cylinders—Non-refillable metallic gas 

cylinders—Specification and test 

methods, Second edition, 2015–09–15; 

into §§ 173.301b; 178.71. 

(54) ISO 11119–1(E), Gas cylinders— 

Gas cylinders of composite 

construction—Specification and test 

methods—Part 1: Hoop-wrapped 

composite gas cylinders, First edition, 

May 2002; into § 178.71. 

(55) ISO 11119–1:2012(E), Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 1: Hoop 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 l, Second 

edition, 2012–08–01; into §§ 178.71; 

178.75. 

(56) ISO 11119–2(E), Gas cylinders— 

Gas cylinders of composite 

construction—Specification and test 

methods—Part 2: Fully wrapped fibre 

reinforced composite gas cylinders with 

load-sharing metal liners, First edition, 

May 2002; into § 178.71. 

(57) ISO 11119–2:2012(E), Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 2: Fully 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 l with 

load-sharing metal liners, Second 

edition, 2012–07–15; into §§ 178.71; 

178.75. 

(58) ISO 11119–2:2012/ 

Amd.1:2014(E), Gas cylinders— 

Refillable composite gas cylinders and 

tubes—Design, construction and 

testing—Part 2: Fully wrapped fibre 

reinforced composite gas cylinders and 

tubes up to 450 l with load-sharing 

metal liners, Amendment 1, 2014–08– 

15; into §§ 178.71; 178.75. 

(59) ISO 11119–3(E), Gas cylinders of 

composite construction—Specification 

and test methods—Part 3: Fully 

wrapped fibre reinforced composite gas 

cylinders with non-load-sharing 

metallic or non-metallic liners, First 

edition, September 2002; into § 178.71. 

(60) ISO 11119–3:2013(E), Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 3: Fully 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 l with 

non-load-sharing metallic or nonmetallic liners, Second edition, 2013– 

04–15; into §§ 178.71; 178.75. 

(61) ISO 11119–4:2016(E), Gas 

cylinders—Refillable composite gas 

cylinders—Design, construction and 

testing—Part 4: Fully wrapped fibre 

reinforced composite gas cylinders up to 

150 L with load-sharing welded metallic 

liners, First Edition, 2016–02–15; into 

§ 178.71; 178.75. 

(62) ISO 11120(E), Gas cylinders— 

Refillable seamless steel tubes of water 

capacity between 150 l and 3000 l— 

Design, construction and testing, First 

edition, 1999–03; into §§ 178.71; 178.75. 

(63) ISO 11120:2015(E), Gas 

cylinders—Refillable seamless steel 

tubes of water capacity between 150 l 

and 3000 l—Design, construction and 

testing, Second Edition, 2015–02–01; 

into §§ 178.71; 178.75. 

(64) ISO 11513:2011(E), Gas 

cylinders—Refillable welded steel 

cylinders containing materials for subatmospheric gas packaging (excluding 

acetylene)—Design, construction, 

testing, use and periodic inspection, 

First edition, 2011–09–12; into 

§§ 173.302c; 178.71; 180.207. 

(65) ISO 11621(E), Gas cylinders— 

Procedures for change of gas service, 

First edition, April 1997; into 

§§ 173.302, 173.336, 173.337. 

(66) ISO 11623(E), Transportable gas 

cylinders—Periodic inspection and 

testing of composite gas cylinders, First 

edition, March 2002; into § 180.207. 

(67) ISO 11623(E):2015, Gas 

cylinders—Composite construction— 

Periodic inspection and testing, Second 

edition, 2015–12–01; into § 180.207. 

(68) ISO 13340:2001(E), Transportable 

gas cylinders—Cylinder valves for nonrefillable cylinders—Specification and 

prototype testing, First edition, 2004– 

04–01; into §§ 173.301b; 178.71. 

(69) ISO 13736:2008(E), 

Determination of flash point—Abel 

closed-cup method, Second Edition, 

2008–09–15; into § 173.120. 

(70) ISO 14246:2014(E), Gas 

cylinders—Cylinder valves— 

Manufacturing tests and examination, 

Second Edition, 2014–06–15; into 

§ 178.71. 

(71) ISO 14246:2014/Amd 1:2017(E), 

Gas cylinders—Cylinder valves— 

Manufacturing tests and examinations— 

Amendment 1, Second Edition, 2017– 

06; into § 178.71. 

(72) ISO 16111:2008(E), Transportable 

gas storage devices—Hydrogen absorbed 

in reversible metal hydride, First 

Edition, 2008–11–15; into §§ 173.301b; 

173.311; 178.71. 

(73) 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, Second Edition, 

2016–04–15; into § 180.207. 

(74) ISO 17871:2015(E), Gas 

cylinders—Quick-release cylinder 

valves—Specification and type testing, 

First Edition, 2015–08–15; into 

§ 173.301b. 

(75) ISO 17879: 2017(E), Gas 

cylinders—Self-closing cylinder 

valves—Specification and type testing, 

First Edition, 2017–07; into 

§§ 173.301b;178.71. 


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44982 Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 

(76) ISO 18172–1:2007(E), Gas 

cylinders—Refillable welded stainless 

steel cylinders—Part 1: Test pressure 6 

MPa and below, First Edition, 2007–03– 

01; into § 178.71. 

(77) ISO 20475:2018(E), Gas 

cylinders—Cylinder bundles—Periodic 

inspection and testing, First Edition, 

2018–02; into § 180.207. 

(78) ISO 20703:2006(E), Gas 

cylinders—Refillable welded 

aluminum-alloy cylinders—Design, 

construction and testing, First Edition, 

2006–05–01; into § 178.71. 

(79) ISO 21172–1:2015(E), Gas 

cylinders—Welded steel pressure drums 

up to 3000 litres capacity for the 

transport of gases—Design and 

construction—Part 1: Capacities up to 

1000 litres, First edition, 2015–04–01; 

into § 178.71. 

(80) ISO 22434:2006(E), Transportable 

gas cylinders—Inspection and 

maintenance of cylinder valves, First 

Edition, 2006–09–01; into § 180.207. 

(81) ISO/TR 11364:2012(E), Gas 

cylinders—Compilation of national and 

international valve stem/gas cylinder 

neck threads and their identification 

and marking system, First Edition, 

2012–12–01; into § 178.71. 

* * * * * 

(aa) Organization for Economic 

Cooperation and Development (OECD), 

OECD Publications and Information 

Center, 2001 L Street NW, Suite 700, 

Washington, DC 20036; (+33 1 45 24 82 

00, https://www.oecd.org/). 

* * * * * 

(3) OECD Guideline for the Testing of 

Chemicals 431 (Test No. 431): In vitro 

skin corrosion: reconstructed human 

epidermis (RHE) test method, adopted 

29 July 2016; into § 173.137. 

* * * * * 

(dd) * * * 

(1) Recommendations on the 

Transport of Dangerous Goods, Model 

Regulations (UN Recommendations), 

21st revised edition, copyright 2019; 

into §§ 171.8; 171.12; 172.202; 172.401; 

172.407; 172.502; 172.519; 173.22; 

173.24; 173.24b; 173.40; 173.56; 

173.192; 173.302b; 173.304b; 178.75; 

178.274; as follows: 

(i) Volume I, ST/SG/AC.10.1/21/ 

Rev.21 (Vol. I). 

(ii) Volume II, ST/SG/AC.10.1/21/ 

Rev.21 (Vol. II). 

(2) Manual of Tests and Criteria (UN 

Manual of Tests and Criteria), 7th 

revised edition, ST/SG/AC.10/11/Rev.7, 

copyright 2019; into §§ 171.24, 172.102; 

173.21; 173.56 through 173.58; 173.60; 

173.115; 173.124; 173.125; 173.127; 

173.128; 173.137; 173.185; 173.220; 

173.221; 173.224; 173.225; 173.232; part 

173, appendix H; 175.10; 176.905; 

178.274. 

(3) Globally Harmonized System of 

Classification and Labelling of 

Chemicals (GHS), 8th revised edition, 

ST/SG/AC.10/30/Rev.8, copyright 2019; 

into § 172.401. 

(4) Agreement concerning the 

International Carriage of Dangerous 

Goods by Road (ADR), copyright 2020; 

into § 171.23; as follows: 

(i) Volume I, ECE/TRANS/300 (Vol. I). 

(ii) Volume II, ECE/TRANS/300 (Vol. 

II). 

(iii) Corrigendum, ECE/TRANS/300 

(Corr. 1). 

* * * * * 

■ 3. In § 171.8, revise the definitions for 

‘‘SADT’’ and ‘‘SAPT’’ to read as follows: 

§ 171.8 Definitions and abbreviations. 

* * * * * 

SADT means self-accelerated 

decomposition temperature and is the 

lowest temperature at which selfaccelerating decomposition may occur 

in a substance in the packaging, IBC, or 

portable tank offered for transport. See 

also § 173.21(f) of this subchapter. 

* * * * * 

SAPT means self-accelerated 

polymerization temperature and is the 

lowest temperature at which selfaccelerating polymerization may occur 

with a substance in the packaging, IBC, 

or portable tank as offered for transport. 

See also § 173.21(f) of this subchapter. 

This definition will be effective until 

January 2, 2023. 

* * * * * 

■ 4. In § 171.12, revise paragraph (a)(1) 

to read as follows: 

§ 171.12 North American Shipments. 

(a) * * * 

(1) Applicability. A hazardous 

material transported from Canada to the 

United States, from the United States to 

Canada, or transiting the United States 

to Canada or a foreign destination may 

be offered for transportation or 

transported by motor carrier and rail in 

accordance with the Transport Canada 

TDG Regulations (IBR, see § 171.7), an 

equivalency certificate (permit for 

equivalent level of safety), or a 

temporary certificate (permit in support 

of public interest) issued by Transport 

Canada as an alternative to the TDG 

Regulations, as authorized in § 171.22, 

provided the requirements in §§ 171.22 

and 171.23, as applicable, and this 

section are met. In addition, a cylinder, 

pressure drum, MEGC, cargo tank motor 

vehicle, portable tank or rail tank car 

authorized by the Transport Canada 

TDG Regulations may be used for 

transportation to, from, or within the 

United States provided the cylinder, 

pressure drum, MEGC, cargo tank motor 

vehicle, portable tank, or rail tank car 

conforms to the applicable requirements 

of this section. Except as otherwise 

provided in this subpart and subpart C 

of this part, the requirements in parts 

172, 173, and 178 of this subchapter do 

not apply for a material transported in 

accordance with the Transport Canada 

TDG Regulations. 

* * * * * 

■ 5. In § 171.23, revise paragraph (a)(3) 

introductory text to read as follows: 

§ 171.23 Requirements for specific 

materials and packagings transported 

under the ICAO Technical Instructions, 

IMDG Code, Transport Canada TDG 

Regulations, or the IAEA Regulations. 

* * * * * 

(a) * * * 

(3) Pi-marked pressure receptacles. 

Pressure receptacles that are marked 

with a pi mark in accordance with the 

European Directive 2010/35/EU (IBR, 

see § 171.7) on transportable pressure 

equipment (TPED) and that comply with 

the requirements of Packing Instruction 

P200 or P208 and 6.2 of the ADR (IBR, 

see § 171.7) concerning pressure relief 

device use, test period, filling ratios, test 

pressure, maximum working pressure, 

and material compatibility for the lading 

contained or gas being filled, are 

authorized as follows: 

* * * * * 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, TRAINING 

REQUIREMENTS, AND SECURITY 

PLANS 

■ 6. The authority citation for part 172 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.81, 1.96 and 1.97. 

■ 7. In § 172.101, The Hazardous 

Materials Table is amended by removing 

the entries under ‘‘[REMOVE],’’ by 

adding in alphabetical order the entries 

under ‘‘[ADD,]’’ and by revising entries 

under ‘‘[REVISE]’’ in the appropriate 

alphabetical sequence. 

The additions and revisions read as 

follows: 

§ 172.101 Purpose and use of the 

hazardous materials table. 

* * * * * 

BILLING CODE 4910–60–P 


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ER26JY22.146</GPH>khammond on DSKJM1Z7X2PROD with RULES3

I I I Hazar I I I I (8) (9) 

Sy Hazardous materials d Identific Packaging Quantity limitati

mbo descriptions and proper class ation PG Label Special Provisions (§ 173.***) (see§§ 173.27 and 

ls shipping or Number Codes (§ 172.102) Exce Passenger 

names divisi s ption Non- aircraft/rai Carg

on s bulk Bulk I craf

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9

[REMOVE] 

• * • * • 

Battery-powered vehicle or 9 UN3171 9 134 220 220 None No limit N

Battery-powered equipment 

• • • • • 

Dangerous Goods in 9 UN3363 136, A105 None 222 None See Al05 Se

Machinery or Dangerous 

Goods in Apparatus 

• • • • • 

2-Dimethylaminoethyl 6.1 UN2522 II 6.1 IB2, T7, TP2 153 202 243 5L 

methacrylate 

Fuel system components 

(including fael control units 

(FCU), carburetors,fuel 

lines, fael pumps) see 

Dangerous Goods in 

Apparatus or Dangerous 

Goods in Machinerv 

Regulated medical waste, 6.2 UN3291 II 6.2 41, 337,A13 134 197 197 No limit N

n.o.s. or Clinical waste, 

unspecified, n.o.s. or (BIO) 

Medical waste, n.o.s. or 

Biomedical waste, n.o.s., or Medical Waste n.o.s . 

• • • • • 

[ADD] 

• • • • • 

Battery-powered vehicle or 9 UN3171 9 134,360 220 220 None No limit No 

Battery-powered equipment 

• • • • • 

Dangerous goods in articles 9 UN3363 136, A105 None 222 None See A105 See 

or Dangerous goods in 

machinery or Dangerous 

goods in apparatus 

• • • • • 

Detonators, electronic 1.lB UN0511 1.lB 148 63(f), 62 None Forbidden Forb

programmable for blasting 63(g) 

Detonators, electronic 1.4B UN0512 1.4B 103 63(f), 62 None Forbidden 75

programmable for blasting 63(g) 

ER26JY22.147</GPH>khammond on DSKJM1Z7X2PROD with RULES3

Detonators, electronic l.4S UN0513 1.4S 148,347 63(f), 62 None 25 kg 100 k

programmable for blasting 63(g) 

* * * * * * 

2-Dimethylaminoethyl 6.1 UN2522 II 6.1 387, IB2, T7, TP2 153 202 243 SL 60L 

methacrylate, stabilized 

* * * * * * 

Fuel system components 

(including fael control units 

(FCU), carburetors,fael 

lines, fael pumps) see 

Dangerous Goods in 

Apparatus or Dangerous 

Goods in Articles or 

Dangerous Goods in Machinerv Medical waste, category A, 6.2 UN3549 6.2 131,430 

affecting humans, solid or 

Medical waste, category A, 

affecting animals only, solid 

Regulated medical waste, 6.2 UN3291 6.2 41,337, Al3 134 197 197 No limit No 

n.o.s. or Clinical waste, 

unspecified, n.o.s. or (BIO) 

Medical waste, n.o.s. or 

Biomedical waste, n.o.s., or Medical Waste n.o.s. 

* * * * * 

[REVISE] 

* * * * * * 

Aerosols, corrosive, 2.2 UN1950 2.2, 8 A34 306 None None 75 kg 15

Packing Group II or 111, 

(each not exceeding I L 

cavacitv) 

Aerosols,jlammable, (each 2.1 UNl950 2.1 N82 306 None None 75 kg 15

not exceeding I L capacity) 

Aerosols, flannnable, n.o.s. 2.1 UNl950 2.1 N82 306 304 None Forbidden 15

(engine starting fluid) (each 

not exceedinf( I L capacity) 

Aerosols, non-flammable, 2.2 UN1950 2.2 306 None None 75 kg 15

(each not exceeding I L 

capacity) 

Aerosols,poison, Packing 2.2 UN1950 2.2, 6.1 306 None None Forbidden Forbi

Group III (each not 

exceedinf( I L capacity) 

* * * * * * 

G Alcoholates solution, n.o.s., 3 UN3274 11 3,8 IB2 150 202 243 IL 

in alcohol 

* * * * * * 

ER26JY22.148</GPH>khammond on DSKJM1Z7X2PROD with RULES3

G Alkali metal alcoholates, 4.2 UN3206 II 4.2, 8 64, A7, IB5, IP2, None 212 242 15 kg 5

self-heating, corrosive, T3, TP33, W31 

n.o.s. 

III 4.2, 8 64, A7, IB8, IP3, None 213 242 25 kg 10

Tl, TP33, W31 

* * * * * * 

G Articles containing a 4.2 UN3542 4.2 131,391 None 214 214 Forbidden Forbid

substance liable to spontaneous combustion, 

n.o.s. 

G Articles containing a 4.3 UN3543 4.3 131,391 None 214 214 Forbidden Forbid

substance which in contact 

with water emits flammable 

gases, n.o.s. 

G Articles containing 8 UN3547 8 391 None 232 232 Forbidden Forbid

corrosive substance, n.o.s. 

G Articles containing 2.1 UN3537 2.1 391 None 232 232 Forbidden Forbid

flanunable gas, n.o.s. 

G Articles containing 3 UN3540 3 391 None 232 232 Forbidden Forbid

flanunable liquid, n.o.s. 

G Articles containing 4.1 UN3541 4.1 391 None 232 232 Forbidden Forbid

flanunable solid, n.o.s. 

G Articles containing 9 UN3548 9 391 None 232 232 Forbidden Forbid

miscellaneous dangerous 

goods, n.o.s. 

G Articles containing non- 2.2 UN3538 2.2 391 None 232 232 Forbidden Forbid

flammable, non-toxic gas, 

n.o.s. 

G Articles containing organic 5.2 UN3545 5.2 131,391 None 214 214 Forbidden Forbid

peroxide, n.o.s. 

G Articles containing 5.1 UN3544 5.1 131,391 None 214 214 Forbidden Forbi

oxidizing substance, n.o.s. 

G Articles containing toxic 2.3 UN3539 2.3 131,391 None 214 214 Forbidden Forbi

gas, n.o.s. 

G Articles containing toxic 6.1 UN3546 6.1 391 None 232 232 Forbidden Forbid

substance, n.o.s. 

* * * * * 

G Desensitized explosives, 4.1 UN3380 I 4.1 164,197 None 211 None Forbidden Forbid

solid, n.o.s. 

* * * * * * 

Dimethyl disulfide 3 UN2381 II 3, 6.1 IB2, T7, TP2, 150 202 242 Forbidden Forbid

TP13 

* * * * * * 

G Environmentally hazardous 9 UN3082 III 9 8, 146, 173, 335, 155 203 241 No limit No 

substance, liquid, n.o.s. 441, IB3, 

T4, TPl, TP29 

G Environmentally hazardous 9 UN3077 III 9 8,146,335,384, 155 213 240 No limit No 

substance, solid, n.o.s. 441, Al 12, 

ER26JY22.149</GPH>khammond on DSKJM1Z7X2PROD with RULES3

B54, B120, IB8, 

IP3, 

N20, N91, Tl, 

TP33 

* * * * * 

A,I, Fibers, vegetable, dry 4.1 UN3360 III 4.1 137 151 213 240 Forbidden Forbid

w 

* * * * * * 

A, Fish meal, stabilized or Fish 9 UN2216 III 155, IB8, IP3, Tl, 155 218 218 100 kg 20

w scrap, stabilized TP33 

* * * * * * 

Gas cartridges, (flammable) 2.1 UN2037 2.1 306 304 None 1 kg 1

without a release device, non-refillable 

* * * * * * 

G Infectious substances, 6.2 UN2900 6.2 A82 134 196 None 50 mL or 4Lor4

affecting animals only 50 g 

G Infectious substances, 6.2 UN2814 6.2 A82 134 196 None 50 mL or 4Lor4

affecting humans 50 g 

* * * * * * 

Lithium ion 9 UN3480 9 388, 422, A54, 185 185 185 Forbidden 3

batteries including lithium AlOO 

ion polvmer batteries 

Lithium ion batteries 9 UN3481 9 181,360,388, 185 185 185 5 kg 3

contained in 422, A54 

equipment including lithium 

ion polymer batteries 

Lithium ion batteries 9 UN3481 9 181,360,388, 185 185 185 5 kg 3

packed with 422, A54 

equipment including lithium 

ion polymer batteries 

Lithium metal 9 UN3090 9 388, 422, A54 185 185 185 Forbidden 3

batteries including lithium 

alloy batteries 

Lithium metal batteries 9 UN3091 9 181,360,388, 185 185 185 5 kg 3

contained in 422, A54, AIOI 

equipment including lithium 

alloy batteries 

Lithium metal batteries 9 UN3091 9 181,360,388, 185 185 185 5 kg 3

packed with 422, A54 

equipment including lithium 

alloy batteries 

* * * * * * 

Nitrocellulose, dry or 1.lD UN0340 1.lD 196 None 62 None Forbidden Forbid

wetted with less than 25 

percent water (or alcohol), 

by mass 

ER26JY22.150</GPH>khammond on DSKJM1Z7X2PROD with RULES3

Nitrocellulose, with not 4.1 UN2557 II 4.1 44,197, W31 151 212 None I kg 1

more than 12. 6 percent 

nitrogen, by dry mass 

mixture with or without 

plasticizer, with or without 

pigment 

* * * * * * 

Nitrocellulose, plasticized 1.3C UN0343 1.3C 196 None 62 None Forbidden Forbi

with not less than 18 

percent plasticizing 

substance, bv mass 

* * * * * * 

Nitrocellulose, unmodified 1.lD UN0341 1.lD 196 None 62 None Forbidden Forbi

or plasticized with less than 

18 percent plasticizing 

substance, by mass 

Nitrocellulose, wetted with 1.3C UN0342 1.3C 196 None 62 None Forbidden Forbi

not less than 25 percent 

alcohol, bv mass 

Nitrocellulose with alcohol 4.1 UN2556 II 4.1 197, W31 151 212 None 1 kg 1

with not less than 25 

percent alcohol by mass, 

and with not more than 12.6 

percent nitrogen, by dry 

mass 

Nitrocellulose with water 4.1 UN2555 II 4.1 197, W31 151 212 None 15 kg 5

with not less than 25 

vercent water, bv mass 

* * * * * * 

Receptacles, small, 2.1 UN2037 2.1 306 304 None 1 kg 1

containing gas or gas 

cartridges (flammable) 

without release device, not 

refillable and not exceeding 

1 L capacity 

Receptacles, small, 2.2 UN2037 2.2 306 304 None 1 kg 1

containing gas or gas 

cartridges (non-flammable) 

without release device, not 

refillable and not exceeding 

1 L capacity 

Receptacles, small, 2.2 UN2037 2.2, 5.1 ,A14 306 304 None 1 kg 1

containing gas or gas 

cartridges (oxidizing), 

without release device, not 

refillable and not exceeding 

1 L capacity 

* * * * * * 

Sodium methylate 4.2 UN1431 II 4.2, 8 A7, A19, IB5, None 212 242 15 kg 5

IP2, T3, TP33, 

W31 
■

* * * * * 

BILLING CODE 4910–60–C 

8. In § 172.102: 

■ a. In paragraph (c)(1): 

■ i. Revise special provisions 47, 134, 

■

135, 136, and 147; 

ii. Add special provisions 196 and 197 

in numerical order; 

■ iii. Revise special provisions 360, 370, 

■

and 379d(1); and 

iv. Add special provisions 430 and 

441 in numerical order. 


ER26JY22.151</GPH>khammond on DSKJM1Z7X2PROD with RULES3

Sodium methylate solutions 3 UN1289 II 3,8 IB2, T7, TPl, TP8 150 202 243 1L 

in alcohol 

III 3, 8 Bl, IB3, T4, TPl 150 203 242 51 

* * * * * 

G Water-reactive liquid, 4.3 UN3129 I 4.3, 8 T14, TP2, TP7, None 201 243 Forbidden 

corrosive, n.o.s. TP13 

II 4.3, 8 IBl, T11, TP2, None 202 243 11 

TP7 

III 4.3, 8 IB2, T7, TP2, TP7 None 203 242 51 

* * * * * 

G Water-reactive solid, 4.3 UN3132 I 4.3, 4.1 IB4, N40, W31 None 211 242 Forbidden 1

flammable, n.o.s. 

\ II 4.3, 4.1 IB4, T3, TP33, 151 212 242 15 kg 5

W31, W40 

III 4.3, 4.1 IB6, Tl, TP33, 151 213 241 25 kg 10

W31 

* * * * * 

G Water-reactive solid, self- 4.3 UN3135 I 4.3, 4.2 N40, W31 None 211 242 Forbidden 1

heating, n.o.s. 

II 4.3, 4.2 IB5, IP2, T3, None 212 242 15 kg 5

TP33, W31, W40 

III 4.3, 4.2 IB8, IP4, Tl, None 213 241 25 kg 10

TP33, W31 

* * * * * 

G Water-reactive liquid, n.o.s. 4.3 UN3148 I 4.3 Tl3, TP2, TP7, None 201 244 Forbidden 

W31 

II 4.3 IBl, T7, TP2, None 202 243 1L 

TP7, W31 

Water-reactive liquid, n.o.s. III 4.3 IB2, T7, TP2, None 203 242 51 

TP7, W31 

* * * * * * 
Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 44989 

■ b. In paragraph (c)(8)(ii), remove and 

reserve TP codes TP39 and TP41. 

The additions and revisions read as 

follows: 

§ 172.102 Special provisions. 

* * * * * 

(c) * * * 

(1) * * * 

47 Mixtures of solids that are not 

subject to this subchapter and 

flammable liquids may be transported 

under this entry without first applying 

the classification criteria of Division 4.1, 

provided there is no free liquid visible 

at the time the material is loaded or at 

the time the packaging or transport unit 

is closed. Except when the liquids are 

fully absorbed in solid material 

contained in sealed bags, for single 

packagings, each packaging must 

correspond to a design type that has 

passed a leakproofness test at the 

Packing Group II level. Sealed packets 

and articles containing less than 10 mL 

of a Class 3 liquid in Packing Group II 

or III absorbed onto a solid material are 

not subject to this subchapter provided 

there is no free liquid in the packet or 

article. 

* * * * * 

134 This entry applies only to 

vehicles powered by wet batteries, 

sodium batteries, lithium metal batteries 

or lithium ion batteries, and equipment 

powered by wet batteries or sodium 

batteries that are transported with these 

batteries installed. Lithium batteries 

installed in a cargo transport unit, 

designed only to provide power external 

to the transport unit must use the proper 

shipping name ‘‘Lithium batteries 

installed in cargo transport unit’’ found 

in the § 172.101 Hazardous Materials 

Table. 

a. For the purpose of this special 

provision, vehicles are self-propelled 

apparatus designed to carry one or more 

persons or goods. Examples of such 

vehicles are electrically-powered cars, 

motorcycles, scooters, three- and fourwheeled vehicles or motorcycles, trucks, 

locomotives, bicycles (pedal cycles with 

an electric motor) and other vehicles of 

this type (e.g., self-balancing vehicles or 

vehicles not equipped with at least one 

seating position), lawn tractors, selfpropelled farming and construction 

equipment, boats, aircraft, wheelchairs 

and other mobility aids. This includes 

vehicles transported in a packaging. In 

this case, some parts of the vehicle may 

be detached from its frame to fit into the 

packaging. 

b. Examples of equipment are 

lawnmowers, cleaning machines, or 

model boats and model aircraft. 

Equipment powered by lithium metal 

batteries or lithium ion batteries must be 

described using the entries ‘‘Lithium 

metal batteries contained in equipment’’ 

or ‘‘Lithium metal batteries packed with 

equipment’’ or ‘‘Lithium ion batteries 

contained in equipment’’ or ‘‘Lithium 

ion batteries packed with equipment,’’ 

as appropriate. 

c. Self-propelled vehicles or 

equipment that also contain an internal 

combustion engine must be described 

using the entries ‘‘Engine, internal 

combustion, flammable gas powered’’ or 

‘‘Engine, internal combustion, 

flammable liquid powered’’ or ‘‘Vehicle, 

flammable gas powered’’ or ‘‘Vehicle, 

flammable liquid powered,’’ as 

appropriate. These entries include 

hybrid electric vehicles powered by 

both an internal combustion engine and 

batteries. Additionally, self-propelled 

vehicles or equipment that contain a 

fuel cell engine must be described using 

the entries ‘‘Engine, fuel cell, flammable 

gas powered’’ or ‘‘Engine, fuel cell, 

flammable liquid powered’’ or ‘‘Vehicle, 

fuel cell, flammable gas powered’’ or 

‘‘Vehicle, fuel cell, flammable liquid 

powered,’’ as appropriate. These entries 

include hybrid electric vehicles 

powered by a fuel cell engine, an 

internal combustion engine, and 

batteries. 

135 Internal combustion engines 

installed in a vehicle must be described 

using ‘‘Vehicle, flammable gas 

powered’’ or ‘‘Vehicle, flammable liquid 

powered,’’ as appropriate. If a vehicle is 

powered by a flammable liquid and a 

flammable gas internal combustion 

engine, it must be described using 

‘‘Vehicle, flammable gas powered.’’ This 

includes hybrid electric vehicles 

powered by both an internal combustion 

engine and wet, sodium or lithium 

batteries installed. If a fuel cell engine 

is installed in a vehicle, the vehicle 

must be described using ‘‘Vehicle, fuel 

cell, flammable gas powered’’ or 

‘‘Vehicle, fuel cell, flammable liquid 

powered,’’ as appropriate. This includes 

hybrid electric vehicles powered by a 

fuel cell, an internal combustion engine, 

and wet, sodium or lithium batteries 

installed. For the purpose of this special 

provision, vehicles are self-propelled 

apparatus designed to carry one or more 

persons or goods. Examples of such 

vehicles are cars, motorcycles, trucks, 

locomotives, scooters, three- and fourwheeled vehicles or motorcycles, lawn 

tractors, self-propelled farming and 

construction equipment, boats, and 

aircraft. Furthermore, lithium batteries 

installed in a cargo transport unit, 

designed only to provide power external 

to the transport unit must be described 

using the proper shipping name 

‘‘Lithium batteries installed in cargo 

transport unit’’ found in the § 172.101 

Hazardous Materials Table. 

136 This entry applies only to 

articles, machinery, and apparatus 

containing hazardous materials as an 

integral element of the article, 

machinery, or apparatus. It may not be 

used to describe articles, machinery, or 

apparatus for which a proper shipping 

name exists in the § 172.101 Table. 

Except when approved by the Associate 

Administrator, these items may only 

contain hazardous materials for which 

exceptions are referenced in Column (8) 

of the § 172.101 Table and are provided 

in part 173, subparts D and G, of this 

subchapter. Hazardous materials 

shipped under this entry are excepted 

from the labeling requirements of this 

subchapter unless offered for 

transportation or transported by aircraft 

and are not subject to the placarding 

requirements of subpart F of this part. 

Orientation markings as described in 

§ 172.312(a)(2) are required when liquid 

hazardous materials may escape due to 

incorrect orientation. The article, 

machinery, or apparatus, if unpackaged, 

or the packaging in which it is 

contained shall be marked ‘‘Dangerous 

goods in articles’’ or ‘‘Dangerous goods 

in machinery’’ or ‘‘Dangerous goods in 

apparatus’’ as appropriate, with the 

identification number UN3363. For 

transportation by aircraft, articles, 

machinery, or apparatus, may not 

contain any material forbidden for 

transportation by passenger or cargo 

aircraft. The Associate Administrator 

may except from the requirements of 

this subchapter articles, machinery, and 

apparatus provided: 

a. It is shown that it does not pose a 

significant risk in transportation; 

b. The quantities of hazardous 

materials do not exceed those specified 

in § 173.4a of this subchapter; and 

c. The equipment, and machinery or 

apparatus articles conforms with 

§ 173.222 of this subchapter. 

* * * * * 

147 This entry applies to nonsensitized emulsions, suspensions, and 

gels consisting primarily of a mixture of 

ammonium nitrate and fuel, intended to 

produce a Type E blasting explosive 

only after further processing prior to 

use. The mixture for emulsions typically 

has the following composition: 60–85% 

ammonium nitrate; 5–30% water; 2–8% 

fuel; 0.5–4% emulsifier or thickening 

agent; 0–10% soluble flame 

suppressants; and trace additives. Other 

inorganic nitrate salts may replace part 

of the ammonium nitrate. The mixture 

for suspensions and gels typically has 

the following composition: 60–85% 

ammonium nitrate; 0–5% sodium or 


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44990 Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 

potassium perchlorate; 0–17% 

hexamine nitrate or monomethylamine 

nitrate; 5–30% water; 2–15% fuel; 0.5– 

4% thickening agent; 0–10% soluble 

flame suppressants; and trace additives. 

Other inorganic nitrate salts may replace 

part of the ammonium nitrate. These 

substances must satisfy the criteria for 

classification as an ammonium nitrate 

emulsion of Test Series 8 of the UN 

Manual of Tests and Criteria, Part I, 

Section 18 (IBR, see § 171.7 of this 

subchapter), and may not be classified 

and transported unless approved by the 

Associate Administrator. 

* * * * * 

196 The nitrocellulose must meet 

the criteria of the Bergmann-Junk test or 

methyl violet paper test in the UN 

Manual of Tests and Criteria, Appendix 

10 (IBR, see § 171.7 of this subchapter). 

Test of type 3(c) is not required. 

197 The nitrocellulose must meet 

the criteria of the Bergmann-Junk test or 

methyl violet paper test in the UN 

Manual of Tests and Criteria, Appendix 

10 (IBR, see § 171.7 of this subchapter). 

* * * * * 

360 Vehicles powered only by 

lithium batteries must be described 

using ‘‘UN3171, Battery-powered 

vehicle.’’ Lithium batteries installed in 

a cargo transport unit, designed only to 

provide power external to the transport 

unit, must be described using ‘‘UN3536, 

Lithium batteries installed in a cargo 

transport unit.’’ 

* * * * * 

370 This entry also applies to 

ammonium nitrate with not more than 

0.2% combustible substances, including 

any organic substance calculated as 

carbon, to the exclusion of any added 

substance, that gives a positive result 

when tested in accordance with Test 

Series 2 of the UN Manual of Tests and 

Criteria, Part I (IBR; see § 171.7 of this 

subchapter). See also UN1942 in the 

§ 172.101 Hazardous Materials Table. 

This entry may not be used for 

ammonium nitrate for which a proper 

shipping name already exists in the 

§ 172.101 Hazardous Materials Table, 

including ammonium nitrate mixed 

with fuel oil or any other commercial 

grade of ammonium nitrate (e.g., 

ammonium nitrate fertilizer). 

* * * * * 

379 * * * 

d. * * * 

(1) Receptacles shall be made of a 

material compatible with ammonia as 

specified in ISO 11114–1:2012(E) and 

ISO 11114–1:2012/Amd 1:2017(E) (IBR, 

see § 171.7 of this subchapter); 

* * * * * 

430 This entry shall only be used for 

solid medical waste of Category A 

transported for disposal. 

* * * * * 

441 For marine pollutants 

transported under ‘‘UN3077, 

Environmentally hazardous substance, 

solid, n.o.s.’’ or ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.’’ and for purposes of 

shipping paper and package marking 

requirements, the technical name used 

in association with the basic description 

may be a proper shipping name listed in 

the § 172.101 Hazardous Material Table; 

provided that the name chosen is not 

also an entry that includes ‘‘n.o.s.’’ as a 

part of the name or one that has a ‘‘G’’ 

in column (1) of the table. 

* * * * * 

■ 9. In § 172.203, revise the first 

sentence of paragraph (i)(2), add 

paragraph (i)(4), revise paragraph (l)(1), 

and add paragraph (q) to read as 

follows: 

§ 172.203 Additional description 

requirements. 

* * * * * 

(i) * * * 

(2) A minimum flashpoint, if 60 °C 

(140 °F) or below (in °C closed cup 

(c.c.)), in association with the basic 

description, for Class 3 flammable 

liquid materials (as a primary or 

subsidiary hazard). * * * 

* * * * * 

(4) For lithium cells or batteries 

transported in accordance with 

§ 173.185(f), ‘‘DAMAGED/DEFECTIVE’’; 

and for lithium cells or batteries 

transported for purposes of disposal or 

recycling, ‘‘LITHIUM BATTERIES FOR 

DISPOSAL’’ or ‘‘LITHIUM BATTERIES 

FOR RECYCLING’’, as appropriate. 

* * * * * 

(l) * * * 

(1) For a proper shipping name used 

to describe a hazardous material that is 

a marine pollutant, either assigned the 

letter ‘‘G’’ in column (1) of the § 172.101 

hazardous materials table, or that 

contains the text ‘‘n.o.s.’’, the name of 

the component that makes the material 

a marine pollutant must appear in 

parentheses in association with the 

basic description. Where two or more 

components that make the material a 

marine pollutant are present, the names 

of at least two of the components most 

predominantly contributing to the 

marine pollutant designation must 

appear in parentheses in association 

with the basic description. For material 

described using ‘‘UN3077, 

Environmentally hazardous substance, 

solid, n.o.s.’’ and ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.,’’ see § 172.102(c)(1), 

special provision 441 for additional 

provisions. 

* * * * * 

(q) Holding time. The date at which 

the actual holding time ends, as 

calculated in accordance with 

§ 178.338–9, must be provided on the 

shipping paper in association with the 

basic description for refrigerated 

liquefied gases transported in a portable 

tank. 

■ 10. In § 172.301, revise paragraph 

(a)(1) introductory text to read as 

follows: 

§ 172.301 General marking requirements 

for non-bulk packagings. 

(a) * * * 

(1) Except as otherwise provided by 

this subchapter, each person who offers 

a hazardous material for transportation 

in a non-bulk packaging must mark the 

package with the proper shipping name 

and identification number (preceded by 

‘‘UN’’, ‘‘NA’’ or ‘‘ID,’’ as appropriate), as 

shown in the § 172.101 Hazardous 

Materials Table. The identification 

number marking preceded by ‘‘UN’’, 

‘‘NA’’, or ‘‘ID’’ as appropriate must be 

marked in characters at least 12 mm 

(0.47 inches) high. Packages with a 

maximum capacity of 30 liters (8 

gallons) or less, 30 kg (66 pounds) 

maximum net mass, or cylinders with a 

water capacity of 60 liters (16 gallons) 

or less must be marked with characters 

at least 6 mm (0.24 inches) high. 

Packages with a maximum capacity of 5 

liters (1.32 gallons) or less or 5 kg 

maximum net mass (11 pounds) or less 

must be marked in a size appropriate for 

the size of the package. 

* * * * * 

■ 11. In § 172.315, add paragraph (b)(3) 

to read as follows: 

§ 172.315 Limited quantities. 

* * * * * 

(b) * * * 

(3) For transportation by aircraft, the 

entire mark must appear on one side of 

the package. 

* * * * * 

■ 12. In § 172.322, revise paragraph 

(a)(1) to read as follows: 

§ 172.322 Marine pollutants. 

(a) * * * 

(1) For a proper shipping name used 

to describe a hazardous material that is 

a marine pollutant and assigned the 

letter ‘‘G’’ in column (1) of the § 172.101 

hazardous materials table or that 

contains the text ‘‘n.o.s.,’’ the name of 

the component which makes the 

material a marine pollutant must be 

marked on the package in parentheses 


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Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 44991 

in association with the marked proper 

shipping name unless the proper 

shipping name identifies by name the 

component which makes the material a 

marine pollutant. Where two or more 

components that make a material a 

marine pollutant are present, the names 

of at least two of the components most 

predominantly contributing to the 

marine pollutant designation must 

appear in parentheses in association 

with the marked proper shipping name. 

For materials described using ‘‘UN3077, 

Environmentally hazardous substance, 

solid, n.o.s.’’ and ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.,’’ see § 172.102(c)(1), 

special provision 441 for additional 

provisions; and 

* * * * * 

■ 13. In § 172.406, revise paragraph (a) 

to read as follows: 

§ 172.406 Placement of labels. 

(a) General. (1) Except as provided in 

paragraphs (b) and (e) of this section, 

each label required by this subpart 

must— 

(i) Be printed on or affixed to a 

surface (other than the bottom) of the 

package or containment device 

containing the hazardous material; 

(ii) Be located on the same surface of 

the package and near the proper 

shipping name marking, if the package 

dimensions are adequate; and 

(iii) For transportation by aircraft, the 

entire label(s) must appear on one side 

of the package. For cylindrical packages, 

the label must be of such dimensions 

that it will not overlap itself. In the case 

of cylindrical packages containing 

radioactive materials, which require two 

identical labels, these labels must be 

centered on opposite points of the 

circumference and must not overlap 

each other. If the dimensions of the 

package are such that two identical 

labels cannot be affixed without 

overlapping each other, one label is 

acceptable provided it does not overlap 

itself. 

(2) Except as provided in paragraph 

(e) of this section, duplicate labeling is 

not required on a package or 

containment device (such as to satisfy 

redundant labeling requirements). 

* * * * * 

§ 172.447 [Amended] 

■ 14. In § 172.447, remove paragraph 

(c). 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 15. The authority citation for part 173 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.81, 1.96 and 1.97. 

■ 16. In § 173.4a, redesignate paragraph 

(g)(3) as paragraph (g)(4) and add new 

paragraph (g)(3) to read as follows: 

§ 173.4a Excepted quantities. 

* * * * * 

(g) * * * 

(3) For transportation by aircraft, the 

entire mark must appear on one side of 

the package. 

* * * * * 

■ 17. Add § 173.14 to subpart A to read 

as follows: 

§ 173.14 Hazardous materials in 

equipment in use or intended for use during 

transport. 

(a) Except for transportation by 

aircraft, hazardous materials (e.g., 

lithium batteries, fuel cell cartridges) 

contained in equipment, such as data 

loggers and cargo tracking devices, 

attached to or placed in packages, 

overpacks, or containers are not subject 

to this subchapter other than the 

following: 

(1) The equipment must be in use or 

intended for use during transportation; 

(2) The hazardous materials (e.g., 

lithium batteries, fuel cell cartridges) 

must meet the applicable construction 

and test requirements specified in this 

subchapter; 

(3) The equipment must be capable of 

withstanding the shocks and loadings 

normally encountered during transport 

and must be safe for use in the 

environments to which it may be 

exposed; and 

(4) When offered for transport by 

vessel, the requirements in 

§ 176.76(a)(9) of this subchapter apply. 

(b) For transportation by aircraft, 

lithium batteries contained in 

equipment such as data loggers and 

cargo tracking devices, attached to or 

placed in packages containing COVID– 

19 pharmaceuticals, are not subject to 

the marking and documentation 

requirements of § 173.185(c)(3) and 

(c)(4)(iv). This same package, when 

shipped without the COVID–19 

pharmaceuticals for the purpose of use 

or reuse, is also not subject to the 

marking and documentation 

requirements of § 173.185(c)(3) and 

(c)(4)(iv), as applicable, provided prior 

arrangements have been made with the 

operator. 

(c) The exception provided by this 

section does not apply to hazardous 

materials shipped as cargo. Hazardous 

materials contained in equipment as 

described in this section, when 

transported as a cargo, are subject to, 

and must be transported in accordance 

with, all applicable requirements of this 

subchapter. 

■ 18. In § 173.27, revise paragraph 

(c)(2), add paragraph (f) introductory 

text, and revise paragraph (f)(1), tables 

1 and 2 to paragraph (f), and the heading 

to table 3 to paragraph (f) to read as 

follows: 

§ 173.27 General requirements for 

transportation by aircraft. 

* * * * * 

(c) * * * 

(2) Except for packagings used for 

material transported as ‘‘UN3082, 

Environmentally hazardous substance, 

liquid, n.o.s.,’’ packagings for which 

retention of liquid is a basic function 

must be capable of withstanding 

without leakage the greater of— 

* * * * * 

(f) Combination packagings. Unless 

otherwise specified in this part, or in 

Subpart C of part 171 of this subchapter, 

when combination packagings are 

intended for transportation aboard an 

aircraft, inner packagings must conform 

to the quantity limitations set forth in 

Table 1 of this paragraph for transport 

aboard passenger-carrying aircraft and 

Table 2 of this paragraph for transport 

aboard cargo-only aircraft. For materials 

that are authorized to exceed 220 L (58 

gallons) or 200 kg (441 pounds) in 

accordance with columns (9A) and (9B) 

of the § 172.101 Hazardous Materials 

Table, there is no limitation on the 

maximum authorized net capacity of 

each inner packaging. 

(1) Excepted quantities. For 

authorized materials and inner and 

outer package quantity limits for 

combination packages of excepted 

quantities intended for transportation by 

aircraft, see § 173.4a of this part. 

* * * * * 

(3) * * * 


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44992 Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (f)—MAXIMUM NET CAPACITY OF INNER PACKAGING FOR TRANSPORTATION ON PASSENGERCARRYING AIRCRAFT

Maximum net quantity per package from Column 9a 

of the § 172.101 table 

Maximum authorized net capacity of each inner packaging 

Glass, earthenware or fiber inner 

packagings 

Metal or plastic inner 

packagings 

Liquids: 

Not greater than 0.5 L ...................................................................... 0.5 L ............................................... 0.5 L. 

Greater than 0.5 L, not greater than 1 L ......................................... 0.5 L ............................................... 1 L. 

Greater than 1 L, not greater than 5 L ............................................ 1 L .................................................. 5 L. 

Greater than 5 L, not greater than 60 L .......................................... 2.5 L ............................................... 10 L. 

Greater than 60 L, not greater than 220 L ...................................... 5 L .................................................. 25 L. 

Class 9: UN1941, UN1990, UN2315, UN3082, UN3151, UN3334 ........ 10 L ................................................ Plastic: 30 L; Metal: 40 L. 

Solids: 

Not greater than 5 kg ....................................................................... 0.5 kg ............................................. 1 kg. 

Greater than 5 kg. not greater than 25 kg ....................................... 1 kg ................................................ 2.5 kg. 

Greater than 25 kg, not greater than 200 kg ................................... 5 kg ................................................ 10 kg. 

Class 9: UN1841, UN1931, UN2071, UN2216, UN2590, UN2969, 

UN3077, UN3152, UN3335, UN3432.

Glass or earthenware: 10 kg; 

Fiber: 50 kg.

50 kg. 

TABLE 2 TO PARAGRAPH (f)—MAXIMUM NET CAPACITY OF INNER PACKAGING FOR TRANSPORTATION ON CARGO AIRCRAFT

Maximum net quantity per package from Column 9b 

of the § 172.101 table 

Maximum authorized net capacity of each inner packaging 

Glass, earthenware or fiber inner 

packagings 

Metal or plastic inner 

packagings 

Liquids: 

Not greater than 2.5L ....................................................................... 1 L .................................................. 1 L. 

Greater than 2.5L, not greater than 30L .......................................... 2.5 L ............................................... 2.5 L. 

Greater than 30L, not greater than 60L ........................................... 5 L .................................................. 10 L. 

Greater than 60L, not greater than 220L ......................................... 5 L .................................................. 25 L. 

Class 9: UN1941, UN1990, UN2315, UN3082, UN3151, UN3334 ........ 10 L ................................................ Plastic: 30 L; Metal: 40 L. 

Solids: 

Not greater than 15 kg ..................................................................... 1 kg ................................................ 1 kg. 

Greater than 15 kg. not greater than 50 kg ..................................... 2.5 kg ............................................. 5 kg. 

Greater than 50 kg, not greater than 200 kg ................................... 5 kg ................................................ 10 kg. 

Class 9: UN1841, UN1931, UN2071, UN2216, UN2590, UN2969, 

UN3077, UN3152, UN3335, UN3432.

Glass or earthenware: 10 kg; 

Fiber: 50 kg.

50 kg. 

Table 3 to Paragraph (f)—Maximum 

Net Quantity of Each Inner and Outer 

Packaging for Materials Authorized for 

Transportation as Limited Quantity by 

Aircraft 

* * * * * 

■ 19. In § 173.59, revise the description 

for ‘‘Detonators’’ and add a description 

for ‘‘Detonators, electronic 

programmable for blasting’’ in 

alphabetical order to read as follows: 

§ 173.59 Description of terms for 

explosives. 

* * * * * 

Detonators. Articles consisting of a 

small metal or plastic tube containing 

explosives such as lead azide, PETN, or 

combinations of explosives. They are 

designed to start a detonation train. 

They may be constructed to detonate 

instantaneously or may contain a delay 

element. They may contain no more 

than 10 g of total explosives weight, 

excluding ignition and delay charges, 

per unit. The term includes: detonators 

for ammunition; detonators for blasting 

(electric, electronic, and non-electric); 

and detonating relays without flexible 

detonating cord. 

Detonators, electronic programmable 

for blasting. Detonators using electronic 

components, such as an integrated 

circuit and/or micro processing 

technology to provide communications, 

energy control and storage capability, 

timing delay information, and validated 

commands to send a firing signal to the 

initiating charge. 

* * * * * 

■ 20. In § 173.115, revise paragraph (k) 

to read as follows: 

§ 173.115 Class 2, Divisions 2.1, 2.2, and 

2.3—Definitions. 

* * * * * 

(k) For Division 2.2 gases, the 

oxidizing ability shall be determined by 

tests or by calculation in accordance 

with ISO 10156:2017(E) (IBR, see 

§ 171.7 of this subchapter). 

* * * * * 

■ 21. In § 173.134, revise paragraphs 

(a)(1) and (5) to read as follows: 

§ 173.134 Class 6, Division 6.2— 

Definitions and exceptions. 

(a) * * * 

(1) Division 6.2 (Infectious substance) 

means a material known or reasonably 

expected to contain a pathogen. A 

pathogen is a microorganism (including 

bacteria, viruses, parasites, and fungi) or 

other agent, such as a proteinaceous 

infectious particle (prion) that can cause 

disease in humans or animals. An 

infectious substance must be assigned 

the identification number UN2814, 

UN2900, UN3291, UN3373, or UN3549 

as appropriate, and must be assigned to 

one of the following categories: 

(i) Category A: An infectious 

substance in a form capable of causing 

permanent disability or life-threatening 

or fatal disease in otherwise healthy 

humans or animals when exposure to it 

occurs. An exposure occurs when an 

infectious substance is released outside 

of its protective packaging, resulting in 

physical contact with humans or 

animals. A Category A infectious 

substance must be assigned to 

identification number UN2814, 


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UN2900, or UN3549, as appropriate. 

Assignment to UN2814, UN2900, or 

UN3549 must be based on the known 

medical history or symptoms of the 

source patient or animal, endemic local 

conditions, or professional judgment 

concerning the individual 

circumstances of the source human or 

animal. 

(ii) Category B: An infectious 

substance that is not in a form generally 

capable of causing permanent disability 

or life-threatening or fatal disease in 

otherwise healthy humans or animals 

when exposure to it occurs. This 

includes Category B infectious 

substances transported for diagnostic or 

investigational purposes. A Category B 

infectious substance must be described 

as ‘‘Biological substance, Category B’’ 

and assigned identification number 

UN3373. This does not include 

regulated medical waste, which must be 

assigned identification number UN3291. 

* * * * * 

(5) Regulated medical waste or 

clinical waste or (bio) medical waste 

means a waste or reusable material 

derived from the medical treatment of 

an animal or human, which includes 

diagnosis and immunization, or from 

biomedical research, which includes the 

production and testing of biological 

products. Regulated medical waste or 

clinical waste or (bio) medical waste 

containing a Category A infectious 

substance must be classed as an 

infectious substance, and assigned to 

UN2814, UN2900, or UN3549, as 

appropriate. 

* * * * * 

■ 22. In § 173.137, revise the 

introductory text to read as follows: 

§ 173.137 Class 8—Assignment of packing 

group. 

The packing group of a Class 8 

material is indicated in Column 5 of the 

§ 172.101 Table. When the § 172.101 

Table provides more than one packing 

group for a Class 8 material, the packing 

group must be determined using data 

obtained from tests conducted in 

accordance with the OECD Guidelines 

for the Testing of Chemicals, Test No. 

435, ‘‘In Vitro Membrane Barrier Test 

Method for Skin Corrosion’’ (IBR, see 

§ 171.7 of this subchapter) or Test No. 

404, ‘‘Acute Dermal Irritation/ 

Corrosion’’ (IBR, see § 171.7 of this 

subchapter). A material that is 

determined not to be corrosive in 

accordance with OECD Guideline for 

the Testing of Chemicals, Test No. 430, 

‘‘In Vitro Skin Corrosion: 

Transcutaneous Electrical Resistance 

Test (TER)’’ (IBR, see § 171.7 of this 

subchapter) or Test No. 431, ‘‘In Vitro 

Skin Corrosion: Reconstructed Human 

Epidermis (RHE) Test Method’’ (IBR, see 

§ 171.7 of this subchapter) may be 

considered not to be corrosive to human 

skin for the purposes of this subchapter 

without further testing. However, a 

material determined to be corrosive in 

accordance with Test No. 430 must be 

further tested using Test No. 435 or Test 

No. 404. If the in vitro test results 

indicate that the substance or mixture is 

corrosive, but the test method does not 

clearly distinguish between assignment 

of packing groups II and III, the material 

may be considered to be in packing 

group II without further testing. The 

packing group assignment using data 

obtained from tests conducted in 

accordance with OECD Guideline Test 

No. 404 or Test No. 435 must be as 

follows: 

* * * * * 

■ 23. In § 173.172, revise paragraphs (a) 

and (b) to read as follows: 

§ 173.172 Aircraft hydraulic power unit fuel 

tank. 

* * * * * 

(a) The unit must consist of an 

aluminum pressure vessel made from 

tubing and having welded heads. 

Primary containment of the fuel within 

this vessel must consist of a welded 

aluminum bladder having a maximum 

internal volume of 46 L (12 gallons). 

The outer vessel must have a minimum 

design gauge pressure of 1,275 kPa (185 

psig) and a minimum burst gauge 

pressure of 2,755 kPa (400 psig). Each 

vessel must be leak-checked during 

manufacture and before shipment and 

must be found leakproof. The complete 

inner unit must be securely packed in 

non-combustible cushioning material, 

such as vermiculite, in a strong outer 

tightly closed metal packaging which 

will adequately protect all fittings. 

Maximum quantity of fuel per primary 

containment and package is 42 L (11 

gallons); or 

(b) The unit must consist of an 

aluminum pressure vessel. Primary 

containment of the fuel within this 

vessel must consist of a welded 

hermetically sealed fuel compartment 

with an elastomeric bladder having a 

maximum internal volume of 46 L (12 

gallons). The pressure vessel must have 

a minimum design gauge pressure of 

5,170 kPa (750 psig). Each vessel must 

be leak-checked during manufacture 

and before shipment and must be found 

leakproof, and must be securely packed 

in non-combustible cushioning material, 

such as vermiculite, in a strong outer 

tightly closed metal packaging which 

will adequately protect all fittings. 

Maximum quantity of fuel per primary 

containment and package is 42 L (11 

gallons). 

■ 24. In § 173.181, revise paragraph (b) 

to read as follows: 

§ 173.181 Pyrophoric materials (liquids). 

* * * * * 

(b) Steel boxes (4A), aluminum boxes 

(4B), metal boxes, other than steel or 

aluminum (4N), wooden boxes (4C1, 

4C2, 4D, or 4F) or fiberboard boxes (4G); 

steel drums (1A1 or 1A2), aluminum 

drums (1B1 or 1B2), metal drums, other 

than steel or aluminum (1N1 or 1N2), 

plywood drums (1D), or fiber drums 

(1G); or steel jerricans (3A1 or 3A2) or 

aluminum jerricans (3B1 or 3B2) 

enclosing not more than four strong, 

tight metal cans with inner receptacles 

of glass or metal, not over 1 L (0.3 

gallon) capacity each, having positive 

screwcap closures adequately gasketed 

or alternative closures physically held 

in place by a means capable of 

preventing back-off or loosening of the 

closure due to conditions normally 

incident to transportation (e.g., impact, 

vibration, etc.). Inner packagings must 

be cushioned on all sides with dry, 

absorbent, incombustible material in a 

quantity sufficient to absorb the entire 

contents. 

* * * * * 

■ 25. In § 173.185, revise paragraphs 

(c)(3)(i) introductory text and (c)(3)(i)(A) 

to read as follows: 

§ 173.185 Lithium cell and batteries. 

* * * * * 

(c) * * * 

(3) * * * 

(i) The mark must indicate the UN 

number: ‘‘UN3090’’ for lithium metal 

cells or batteries; or ‘‘UN3480’’ for 

lithium ion cells or batteries. Where the 

lithium cells or batteries are contained 

in, or packed with, equipment, the UN 

number ‘‘UN3091’’ or ‘‘UN3481,’’ as 

appropriate, must be indicated. Where a 

package contains lithium cells or 

batteries assigned to different UN 

numbers, all applicable UN numbers 

must be indicated on one or more 

marks. The package must be of such size 

that there is adequate space to affix the 

mark on one side without the mark 

being folded. 


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(A) The mark must be in the form of 

a rectangle or a square with hatched 

edging. The mark must be not less than 

100 mm (3.9 inches) wide by 100 mm 

(3.9 inches) high and the minimum 

width of the hatching must be 5 mm (0.2 

inches), except marks of 100 mm (3.9 

inches) wide by 70 mm (2.8 inches) high 

may be used on a package containing 

lithium batteries when the package is 

too small for the larger mark; 

* * * * * 

■ 26. In § 173.187, revise paragraphs (b), 

(c), (e), and (f) to read as follows: 

§ 173.187 Pyrophoric solids, metals or 

alloys, n.o.s. 

* * * * * 

(b) In wooden boxes (4C1, 4C2, 4D, or 

4F) with inner metal receptacles that 

have threaded closures or alternate 

closures physically held in place by a 

means capable of preventing back-off or 

loosening of the closure due to 

conditions normally incident to 

transportation (e.g., impact, vibration, 

etc.). Each inner metal receptacle must 

not contain more than 15 kg (33 

pounds). 

(c) In fiberboard boxes (4G) with inner 

metal receptacles that have threaded 

closures or alternate closures physically 

held in place by a means capable of 

preventing back-off or loosening of the 

closure due to conditions normally 

incident to transportation (e.g., impact, 

vibration, etc.). Each inner metal 

receptacle must not contain more than 

7.5 kg (17 pounds). 

* * * * * 

(e) In plywood drums (1D) with inner 

metal receptacles that have threaded 

closures or alternate closures physically 

held in place by a means capable of 

preventing back-off or loosening of the 

closure due to conditions normally 

incident to transportation (e.g., impact, 

vibration, etc.). Each inner metal 

receptacle must not contain more than 

15 kg (33 pounds). 

(f) In fiberboard drums (1G) with 

inner metal receptacles that have 

threaded closures or alternate closures 

physically held in place by a means 

capable of preventing back-off or 

loosening of the closure due to 

conditions normally incident to 

transportation (e.g., impact, vibration, 

etc.) Each inner metal receptacle must 

not contain more than 15 kg (33 

pounds). 

* * * * * 

■ 27. In § 173.199, revise the paragraph 

(a)(5) introductory text preceding the 

image of the UN3373 mark to read as 

follows: 

§ 173.199 Category B infectious 

substances. 

(a) * * * 

(5) The following square-on-point 

mark must be displayed on the outer 

packaging on a background of 

contrasting color. The width of the line 

forming the border must be at least 2 

mm (0.08 inches) and the letters and 

numbers must be at least 6 mm (0.24 

inches) high. The size of the mark must 

be such that no side of the diamond is 

less than 50 mm (1.97 inches) in length 

as measured from the outside of the 

lines forming the border. For 

transportation by aircraft, the entire 

mark must appear on one side of the 

package. The proper shipping name 

‘‘Biological substances, Category B’’ 

must be marked on the outer packaging 

adjacent to the diamond-shaped mark in 

letters that are at least 6 mm (0.24 

inches) high. 

* * * * * 

■ 28. Revise § 173.218 to read as 

follows: 

§ 173.218 Fish meal or fish scrap. 

(a) Transportation by vessel. (1) 

Except as provided in Column (7) of the 

HMT in § 172.101 of this subchapter, 

fish meal or fish scrap, containing at 

least 6%, but not more than 12% water, 

is authorized for transportation in 

packagings as follows: 

(i) Burlap (jute) bag; 

(ii) Multi-wall paper bag; 

(iii) Polyethylene-lined burlap or 

paper bag; 

(iv) Cargo tank; 

(v) Portable tank; 

(vi) Rail car; or 

(vii) Freight container. 

(2) The fish meal or fish scrap must 

contain at least 50 ppm (mg/kg) of 

ethoxyquin, 100 ppm (mg/kg) of 

butylated hydroxytoluene (BHT), or 250 


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Figure 1 to paragraph (c)(3)(i) introductory text 
Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 44995 

ppm (mg/kg) of tocopherol-based 

antioxidant at the time of shipment. 

Stabilization of fish meal or fish scrap 

must occur at the time of production 

and the application must be within 

twelve months prior to shipment. 

(b) Transportation by air. (1) Except 

as provided in Column (7) of the HMT 

in § 172.101 of this subchapter, fish 

meal or fish scrap, containing at least 

6%, but not more than 12% water, is 

authorized for transportation in 

packagings as follows: 

(i) The following combination 

packagings are authorized: 

(A) Outer packagings: Steel drum: 

1A1 or 1A2; Aluminum drum: 1B1 or 

1B2; Metal drum other than steel or 

aluminum: 1N1 or 1N2; Fiber drum: 1G; 

Plastic drum: 1H1 or 1H2; Steel jerrican: 

3A1 or 3A2; Plastic jerrican: 3H1 or 

3H2; Aluminum jerrican: 3B1 or 3B2; 

Steel box: 4A; Aluminum box: 4B; 

Natural wood box: 4C1 or 4C2; Plywood 

box: 4D; Reconstituted wood box: 4F; 

Fiberboard box: 4G; Solid plastic box: 

4H2; or Metal box other than steel or 

aluminum: 4N. 

(B) Inner packagings: Glass, Fiber, 

Metal, or Plastic. 

(ii) The following single packagings 

are authorized: 

(A) Steel drum: 1A1 or 1A2; 

Aluminum drum: 1B1 or 1B2; Plywood 

drum with liner: 1D; Plastic drum: 1H1 

or 1H2; Fiber drum with liner: 1G; Metal 

drum other than steel or aluminum: 1N1 

or 1N2; Steel jerrican: 3A1 or 3A2; 

Plastic jerrican: 3H1 or 3H2; Aluminum 

jerrican: 3B1 or 3B2; Steel box: 4A; 

Aluminum box: 4B; Metal box other 

than steel or aluminum: 4N; Natural 

wood box with liner: 4C2; Plywood box 

with liner: 4D; Reconstituted wood box 

with liner: 4F; Fiberboard box with 

liner: 4G; Solid plastic box: 4H2; Bag, 

woven plastic: 5H3; Bag, plastic film: 

5H4; Bag, textile: 5L3; Bag, paper, 

multiwall, water resistant: 5M2; Plastic 

receptacle in steel, aluminum, plywood, 

fiber or plastic drum: 6HA1, 6HB1, 

6HD1, 6HG1 or 6HH1; Plastic receptacle 

in steel, aluminum, wood, plywood or 

fiberboard box: 6HA2, 6HB2, 6HC, 

6HD2, 6HG2 or 6HH2; or Cylinders, as 

prescribed for any compressed gas, 

except for Specification 8 and 3HT. 

(B) [Reserved] 

(2) The fish meal or fish scrap must 

contain at least 50 ppm (mg/kg) of 

ethoxyquin, 100 ppm (mg/kg) of 

butylated hydroxytoluene (BHT), or 250 

ppm (mg/kg) of tocopherol-based 

antioxidant at the time of shipment. 

Stabilization of fish meal or fish scrap 

must occur at the time of production 

and the application must be within 

twelve months prior to shipment. 

■ 29. In § 173.221, revise paragraph (a) 

to read as follows: 

§ 173.221 Polymeric beads, expandable 

and Plastic molding compound. 

(a) For non-bulk shipments of 

Polymeric beads (or granules), 

expandable evolving flammable vapor 

and Plastic molding compound in 

dough, sheet, or extruded rope form, 

evolving flammable vapor the following 

packagings are authorized: 

(1) Single packagings. Metal box (4A, 

4B, or 4N); Wooden box (4C1 or 4C2); 

Plywood box (4D); Fiberboard box (4G); 

Reconstituted wood box (4F); Plastic 

box (4H1 or 4H2); Plywood drums: (1D) 

or Fiber drums (1G) with sealed inner 

plastic liners; in vapor tight metal or 

plastic drums (1A1, 1A2, 1B1, 1B2, 1N1, 

1N2, 1H1 or 1H2); or in vapor tight 

metal or plastic jerricans (3A1, 3A2, 

3B1, 3B2, 3H1, or 3H2). 

(2) Combination packagings—(i) 

Outer packagings: Steel drum: 1A1 or 

1A2; Aluminum drum: 1B1 or 1B2; 

Plywood drum: 1D; Fiber drum: 1G; 

Plastic drum: 1H1 or 1H2; Metal drum 

other than steel or aluminum: 1N1 or 

1N2; Steel jerrican: 3A1 or 3A2; Plastic 

jerrican: 3H1 or 3H2; Aluminum 

jerrican: 3B1 or 3B2; Steel box: 4A; 

Aluminum box: 4B; Natural wood box: 

4C1 or 4C2; Plywood box: 4D; 

Reconstituted wood box: 4F; Fiberboard 

box: 4G; Plastic box: 4H1 or 4H2; or 

Metal box other than steel or aluminum: 

4N. 

(ii) Inner packagings. Glass 

receptacles, Plastic receptacles, Metal 

receptacles, Paper receptacles, or Fiber 

receptacles. 

(3) Non-specification packagings. 

Non-specification packagings when 

transported in dedicated vehicles or 

freight containers. The packagings need 

not conform to the requirements for 

package testing in part 178 of this 

subchapter but must be capable of 

containing any evolving gases from the 

contents during normal conditions of 

transportation. 

* * * * * 

■ 30. Revise § 173.222 to read as 

follows: 

§ 173.222 Dangerous goods in articles, 

machinery, or apparatus. 

Hazardous materials in articles, 

machinery, or apparatus are excepted 

from the specification packaging 

requirements of this subchapter when 

packaged according to this section. 

Hazardous materials in articles, 

machinery, or apparatus must be 

packaged in strong outer packagings, 

unless the receptacles containing the 

hazardous materials are afforded 

adequate protection by the construction 

of the article, machinery, or apparatus. 

Each package must conform to the 

packaging requirements of subpart B of 

this part, except for the requirements in 

§§ 173.24(a)(1) and 173.27(e), and the 

following requirements: 

(a) If the article, machinery, or 

apparatus contains more than one 

hazardous material, the materials must 

not be capable of reacting dangerously 

together. 

(b) The nature of the containment 

must be as follows— 

(1) Damage to the receptacles 

containing the hazardous materials 

during transport is unlikely. However, 

in the event of damage to the receptacles 

containing the hazardous materials, no 

leakage of the hazardous materials from 

the article, machinery, or apparatus is 

possible. A leakproof liner may be used 

to satisfy this requirement. 

(2) Receptacles containing hazardous 

materials must be secured and 

cushioned so as to prevent their 

breakage or leakage and so as to control 

their shifting within the article, 

machinery, or apparatus during normal 

conditions of transportation. Cushioning 

material must not react dangerously 

with the content of the receptacles. Any 

leakage of the contents must not 

substantially impair the protective 

properties of the cushioning material. 

(3) Receptacles for gases, their 

contents and filling densities must 

conform to the applicable requirements 

of this subchapter, unless otherwise 

approved by the Associate 

Administrator. 

(c)(1) Except for transportation by 

aircraft, the total net quantity of 

hazardous materials contained in one 

item of an article, machinery, or 

apparatus must not exceed the 

following: 

(i) In the case of solids or liquids, the 

limited quantity amount specified in the 

corresponding section referenced in 

Column (8A) of the § 172.101 Table; 

(ii) 0.5 kg (1.1 pounds) in the case of 

Division 2.2 gases. 

(iii) When an article, machinery, or 

apparatus contains multiple hazardous 

materials, the quantity of each 

hazardous material must not exceed the 

quantity specified in the corresponding 

section referenced in Column (8A) of 

the § 172.101 Table, or for gases, 

paragraph (c)(1)(ii) of this section. 

(2) For transportation by aircraft, the 

total net quantity of hazardous materials 

contained in one item of an article, 

machinery, or apparatus must not 

exceed the following: 

(i) 1 kg (2.2 pounds) in the case of 

solids; 

(ii) 0.5 L (0.1 gallons) in the case of 

liquids; 


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(iii) 0.5 kg (1.1 pounds) in the case of 

Division 2.2 gases. Division 2.2 gases 

with subsidiary risks and refrigerated 

liquefied gases are not authorized; 

(iv) A total quantity of not more than 

the aggregate of that permitted in 

paragraphs (c)(2)(i) through (iii) of this 

section, for each category of material in 

the package, when a package contains 

hazardous materials in two or more of 

the categories in paragraphs (c)(2)(i) 

through (iii) of this section; and 

(d) Except for transportation by 

aircraft, when a package contains 

hazardous materials in two or more of 

the categories listed in paragraph (c)(1) 

of this section the total quantity 

required by § 172.202(c) of this 

subchapter to be entered on the 

shipping paper must be either the 

aggregate quantity, or the estimated 

quantity, of all hazardous materials, 

expressed as net mass. 

■ 31. In § 173.225: 

■ a. In paragraph (c), revise the heading 

to the Organic Peroxide Table and revise 

the entry ‘‘Di-(4-tert-butylcyclohexyl) 

peroxydicarbonate [as a paste]’’; and 

■ b. In paragraph (e), revise the heading 

to the Organic Peroxide IBC Table, and 

in the UN3119 ORGANIC PEROXIDE, 

TYPE F, LIQUID, TEMPERATURE 

CONTROLLED portion, add entries for 

‘‘tert-Amyl peroxypivalate, not more 

than 42% as a stable dispersion in 

water’’ and ‘‘tert-Butyl peroxypivalate, 

not more than 42% in a diluent type A’’ 

in alphabetical order. 

The revisions and additions read as 

follows: 

§ 173.225 Packaging requirements and 

other provisions for organic peroxides. 

* * * * * 

(c) * * * 

TABLE 1 TO PARAGRAPH (c)—ORGANIC PEROXIDE TABLE

Technical name ID No. Concentration 

(mass %) 

Diluent 

(mass %) Water 

(mass 

%) 

Packing 

method 

Temperature 

(°C) Notes 

A B I Control Emergency 

(1) (2) (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (8) 

*******

Di-(4-tert-butylcyclohexyl)peroxydicarbonate 

[as a paste] ................................................... UN3118 ≤42 .............. .............. .............. .............. OP8 35 40 

*******

* * * * * (e) * * * 

TABLE 3 TO PARAGRAPH (e)—ORGANIC PEROXIDE IBC TABLE

UN No. Organic peroxide Type of 

IBC 

Maximum 

quantity 

(liters) 

Control 

temperature 

Emergency 

temperature 

*******

3119 ....... ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE 

CONTROLLED.

*******

tert-Amyl peroxypivalate, not more than 42% as a stable dispersion in water.31HA1 1,000 0 °C +10 °C 

tert-Butyl peroxypivalate, not more than 42% in a diluent type A 31HA1 

31A 

1,000 

1,250 

10 °C 

10 °C 

15 °C 

15 °C 

*******

* * * * * 

■ 32. In § 173.301b, revise paragraphs 

(a)(2) and (c) to read as follows: 

§ 173.301b Additional general 

requirements for shipment of UN pressure 

receptacles. 

(a) * * * 

(2) The gases or gas mixtures must be 

compatible with the UN pressure 

receptacle and valve materials as 

prescribed for metallic materials in ISO 

11114–1:2012(E) and ISO 11114– 

1:2012/Amd 1:2017(E) (IBR, see § 171.7 

of this subchapter) and for non-metallic 

materials in ISO 11114–2:2013(E) (IBR, 

see § 171.7 of this subchapter). 

* * * * * 

(c) Pressure receptacle valve 

requirements. (1) When the use of a 

valve is prescribed, the valve must 

conform to the requirements in ISO 

10297:2014(E) and ISO 10297:2014/ 

Amd 1:2017 (IBR, see § 171.7 of this 

subchapter). Quick release cylinder 

valves for specification and type testing 

must conform to the requirements in 

ISO 17871:2015(E) (IBR, see § 171.7 of 

this subchapter). Until December 31, 

2022, the manufacture of a valve 

conforming to the requirements in ISO 

10297:2014(E) is authorized. Until 

December 31, 2020, the manufacture of 

a valve conforming to the requirements 

in ISO 10297:2006(E) (IBR, see § 171.7 

of this subchapter) was authorized. 

Until December 31, 2008, the 

manufacture of a valve conforming to 

the requirements in ISO 10297:1999(E) 

(IBR, see § 171.7 of this subchapter) was 

authorized. 

(2) A UN pressure receptacle must 

have its valves protected from damage 

that could cause inadvertent release of 

the contents of the UN pressure 

receptacle by one of the following 

methods: 

(i) By constructing the pressure 

receptacle so that the valves are 

recessed inside the neck of the UN 

pressure receptacle and protected by a 

threaded plug or cap; 

(ii) By equipping the UN pressure 

receptacle with a valve cap conforming 


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to the requirements in ISO 

11117:2008(E) and Technical 

Corrigendum 1 (IBR, see § 171.7 of this 

subchapter). Until December 31, 2014, 

the manufacture of a valve cap 

conforming to the requirements in ISO 

11117:1998(E) (IBR, see § 171.7 of this 

subchapter) was authorized. The cap 

must have vent-holes of sufficient crosssectional area to evacuate the gas if 

leakage occurs at the valve; 

(iii) By protecting the valves by 

shrouds or guards conforming to the 

requirements in ISO 11117:2008(E) and 

Technical Corrigendum 1 (IBR; see 

§ 171.7 of this subchapter). Until 

December 31, 2014, the manufacture of 

a shroud or guard conforming to the 

requirements in ISO 11117:1998(E) (IBR, 

see § 171.7 of this subchapter) was 

authorized. For metal hydride storage 

systems, by protecting the valves in 

accordance with the requirements in 

ISO 16111:2008(E) (IBR; see § 171.7 of 

this subchapter). 

(iv) By using valves designed and 

constructed with sufficient inherent 

strength to withstand damage in 

accordance with Annex B of ISO 

10297:2014(E)/Amd. 1: 2017; 

(v) By enclosing the UN pressure 

receptacles in frames (e.g., bundles of 

cylinders); 

(vi) By packing the UN pressure 

receptacles in a strong outer package, 

such as a box or crate, capable of 

meeting the drop test specified in 

§ 178.603 of this subchapter at the 

Packing Group I performance level; or 

(vii) By using valves designed and 

constructed in accordance with Annex 

A of ISO 17879:2017(E) (IBR, see § 171.7 

of this subchapter) for UN pressure 

receptacles with self-closing valves with 

inherent protection (except those in 

acetylene service). 

* * * * * 

■ 33. In § 173.304b, revise paragraph 

(b)(2) to read as follows: 

§ 173.304b Additional requirements for 

shipment of liquefied compressed gases in 

UN pressure receptacles. 

* * * * * 

(b) * * * 

(2) For low pressure liquefied gases, 

the maximum mass in kilograms of 

contents per liter of water capacity must 

be less than or equal to 95 percent of the 

liquid phase at 50 °C. In addition, the 

UN pressure receptacle may not be 

liquid full at 60 °C. The test pressure of 

the pressure receptacle must be equal to 

or greater than the vapor pressure of the 

liquid at 65 °C. 

* * * * * 

■ 34. In § 173.306, revise paragraphs 

(f)(2)(i) and (f)(3)(iv) and add paragraph 

(n) to read as follows: 

§ 173.306 Limited quantities of 

compressed gases. 

* * * * * 

(f) * * * 

(2) * * * 

(i) Each accumulator must be shipped 

as an inside packaging. Robust 

accumulators may be transported 

unpackaged, in crates, or in appropriate 

overpacks, when the hazardous 

materials are afforded equivalent 

protection by the article in which they 

are contained; 

* * * * * 

(3) * * * 

(iv) Accumulators must be packaged 

in strong outer packaging. Robust 

accumulators may be transported 

unpackaged, in crates, or in appropriate 

overpacks, when the hazardous 

materials are afforded equivalent 

protection by the article in which they 

are contained. 

* * * * * 

(n) Receptacles, small, containing gas 

or gas cartridges for recycling or 

disposal. Receptacles, small, containing 

gas or gas cartridges not exceeding 1.0 

L (0.3 gallons) capacity may be offered 

for transportation for the purposes of 

recycling or disposal. Receptacles, 

small, containing gas or gas cartridges 

are not required to be protected against 

shifting and inadvertent discharge if 

measures to prevent dangerous build-up 

of pressure and dangerous atmospheres 

are addressed and are excepted from the 

specification packaging requirements of 

this subchapter when packaged and 

offered in accordance with this 

paragraph (n). 

(1) Receptacles, small, containing gas 

or gas cartridges for recycling or 

disposal, other than those that are 

leaking or severely deformed, must be 

packaged as follows: 

(i) The receptacles, small, containing 

gas or gas cartridges must be packaged 

in a strong outer packaging. The strong 

outer packaging and its contents must 

not exceed a gross weight of 55 kg (121 

pounds) for fiberboard packagings or 

125 kg (275 pounds) for other 

packagings; and 

(ii) Packagings must be adequately 

ventilated to prevent the creation of 

dangerous atmospheres and build-up of 

pressure. 

(2) Rigid large packagings are 

authorized conforming to the packing 

group II performance level made of: 

(i) Steel (50A); Aluminum (50B); 

Metal other than steel or aluminum 

(50N); Rigid plastics (50H); Natural 

wood (50C); Plywood (50D); 

Reconstituted wood (50F); Rigid 

fiberboard (50G). 

(ii) Large packagings must be 

designed and constructed to prevent 

dangerous shifting and inadvertent 

discharge during normal conditions of 

transport; 

(iii) Large packagings must be 

adequately ventilated to prevent the 

creation of dangerous atmospheres and 

the build-up of pressure; and 

(iv) Leaking or severely deformed 

containers must be transported in 

salvage cylinders or salvage packagings 

provided adequate measures are taken 

to prevent a dangerous build-up of 

pressure. 

(3) Receptacles, small, containing gas 

or gas cartridges for recycling or 

disposal must not be transported in 

closed freight containers. 

(4) Receptacles, small, containing gas 

or gas cartridges for recycling or 

disposal that were filled with Division 

2.2 gases and have been pierced are not 

subject to the requirements of this 

subchapter. 

■ 35. In § 173.335, revise paragraph (d) 

to read as follows: 

§ 173.335 Chemical under pressure n.o.s. 

* * * * * 

(d) Periodic inspection. (1) Except as 

specified in (d)(2) of this section, the 

maximum requalification test period for 

cylinders transporting chemical under 

pressure n.o.s. is 5 years. 

(2) For cylinders with maximum 

capacity of 450 L or less and filled with 

materials used as fire extinguishing 

agents, the maximum requalification 

test period is 10 years. 

PART 175—CARRIAGE BY AIRCRAFT 

■ 36. The authority citation for part 175 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.81 and 1.97. 

■ 37. In § 175.8, add paragraph (b)(5) to 

read as follows: 

§ 175.8 Exceptions for operator equipment 

and items of replacement. 

* * * * * 

(b) * * * 

(5) Alcohol-based hand sanitizers and 

alcohol-based cleaning products that are 

accessible to crewmembers in the 

passenger cabin during the flight or 

series of flights for the purposes of 

passenger and crew hygiene. Conditions 

for the carriage and use must be 

described in an operations manual and/ 

or other appropriate manuals. 

■ 38. In § 175.9, revise paragraph 

(b)(5)(ii) to read as follows: 

§ 175.9 Special aircraft operations. 

* * * * * 

(b) * * * 

(5) * * * 

(ii) Each type of battery used is either 

nonspillable, lithium metal, or lithium 


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ion. Lithium metal or lithium ion 

batteries must meet the provisions of 

§ 173.185(a) of this subchapter. Spare 

batteries—of any type—must be 

individually protected to prevent short 

circuits when not in use; 

* * * * * 

■ 39. In § 175.10, revise paragraphs 

(a)(1) and (11) to read as follows: 

§ 175.10 Exceptions for passengers, 

crewmembers, and air operators. 

* * * * * 

(a) * * * 

(1)(i) Non-radioactive medicinal and 

toilet articles for personal use (including 

aerosols) carried in carry-on and 

checked baggage. Release devices on 

aerosols must be protected by a cap or 

other suitable means to prevent 

inadvertent release; 

(ii) Other aerosols in Division 2.2 

(nonflammable gas) with no subsidiary 

risk carried in carry-on or checked 

baggage. Release devices on aerosols 

must be protected by a cap or other 

suitable means to prevent inadvertent 

release; 

(iii) The aggregate quantity of these 

hazardous materials carried by each 

person may not exceed 2 kg (70 ounces) 

by mass or 2 L (68 fluid ounces) by 

volume and the capacity of each 

container may not exceed 0.5 kg (18 

ounces) by mass or 500 ml (17 fluid 

ounces) by volume; and 

(iv) The release of gas must not cause 

extreme annoyance or discomfort to 

crew members so as to prevent the 

correct performance of assigned duties. 

* * * * * 

(11) No more than two self-inflating 

personal safety devices, intended to be 

worn by a person such as a life jacket 

or vest, fitted with no more than two 

small gas cartridges per device 

(containing no hazardous material other 

than a Division 2.2 gas) for inflation 

purposes plus no more than two spare 

cartridges per device. The personal 

safety device(s) and spare cartridges 

may be carried in carry-on or checked 

baggage, with the approval of the 

aircraft operator, and must be packed in 

such a manner that they cannot be 

accidently activated. 

* * * * * 

■ 40. In § 175.75, revise paragraph (b) 

and Notes 1 and 2 to the Quantity and 

Loading Table in paragraph (f) to read 

as follows: 

§ 175.75 Quantity limitations and cargo 

location. 

* * * * * 

(b) Hazardous materials stowage. (1) 

Except as otherwise provided in this 

subchapter, no person may carry a 

hazardous material in the cabin of a 

passenger-carrying aircraft or on the 

flight deck of any aircraft, and the 

hazardous material must be located in a 

place that is inaccessible to persons 

other than crew members. 

(2) Hazardous materials may be 

carried in a main deck cargo 

compartment of a passenger aircraft 

provided that the compartment is 

inaccessible to passengers and that it 

meets all certification requirements for: 

a Class B aircraft cargo compartment in 

14 CFR 25.857(b); or a Class C aircraft 

cargo compartment in 14 CFR 25.857(c). 

(3) A package bearing a ‘‘KEEP AWAY 

FROM HEAT’’ handling marking must 

be protected from direct sunshine and 

stored in a cool and ventilated place, 

away from sources of heat. 

(4) Except as provided in paragraph (f) 

of this section, a package containing a 

hazardous material acceptable for cargoonly aircraft must be loaded in an 

accessible manner. 

* * * * * 

(f) * * * 

Note 1 to § 175.75(f): The following 

materials are not subject to this loading 

restriction— 

a. Class 3, PG III (unless the substance is 

also labeled CORROSIVE). 

b. Division 6.1 (unless the substance is also 

labeled for any hazard class or division 

except FLAMMABLE LIQUID). 

c. Division 6.2. 

d. Class 7 (unless the hazardous material 

meets the definition of another hazard class). 

e. Class 9, Limited Quantity, or Excepted 

Quantity material. 

f. Articles of Identification Numbers 

UN0012, UN0014, or UN0055 also meeting 

the requirements of § 173.63(b). 

g. Articles of Identification Numbers 

UN3528 or UN3529. 

Note 2 to § 175.75(f): Aboard cargo-only 

aircraft, packages required to be loaded in a 

position that is considered to be accessible 

include those loaded in a Class C cargo 

compartment. 

PART 176—CARRIAGE BY VESSEL 

■ 41. The authority citation for part 176 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.81 and 1.97. 

■ 42. In § 176.84: 

■ a. In the paragraph (b) table, revise 

code 4 and add codes 155, 156, and 157 

in numerical order; and 

■ b. In the paragraph (c)(2) table, revise 

provisions 19E and 22E. 

The revisions read as follows: 

§ 176.84 Other requirements for stowage, 

cargo handling, and segregation for cargo 

vessels and passenger vessels. 

* * * * * 

(b) * * * 

Code Provisions 

*******

4 ............................... Shall not be stowed together with combustible material in the same cargo transport unit. 

*******

155 ........................... Avoid handling the package or keep handling to a minimum. Inform the appropriate public health authority or veterinary authority where persons or animals may have been exposed. 

156 ........................... For lithium batteries transported in accordance with § 173.185(f) or for purposes of disposal or recycling, stowage category C applies. 

157 ........................... For aerosols and gas receptacles transported for purposes of recycling or disposal, stowage category C applies, and stowage must be clear 

of living quarters. 

*******

* * * * * 

(c) * * * 

(2) * * * 


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Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 44999 

Notes Provisions 

*******

19E ...................................................................... ‘‘Separated from’’ explosives containing chlorates or perchlorates. 

*******

22E ...................................................................... ‘‘Separated from’’ ammonium compounds and explosives containing ammonium compounds or salts. 

*******

* * * * * 

PART 178—SPECIFICATIONS FOR 

PACKAGINGS 

■ 43. The authority citation for part 178 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.81 and 1.97. 

■ 44. In § 178.3, revise paragraph (a)(4) 

to read as follows: 

§ 178.3 Marking of packagings. 

(a) * * * 

(4) Unless otherwise specified, letters 

and numerals must be at least 12.0 mm 

(0.47 inches) in height except for 

packagings of less than or equal to 30 L 

(7.9 gallons) capacity for liquids or 30 

kg (66 pounds) maximum net mass for 

solids the height must be at least 6.0 

mm (0.2 inches). For packagings having 

a capacity of 5 L (1.3 gallons) or less or 

of 5 kg (11 pounds) maximum net mass, 

letters and numerals must be of an 

appropriate size. 

* * * * * 

■ 45. In § 178.71, revise paragraph 

(d)(2), add paragraph (l)(1)(iv), and 

revise paragraph (o)(1) to read as 

follows: 

§ 178.71 Specifications for UN pressure 

receptacles. 

* * * * * 

(d) * * * 

(2) Service equipment must be 

configured, or designed, to prevent 

damage that could result in the release 

of the pressure receptacle contents 

during normal conditions of handling 

and transport. Manifold piping leading 

to shut-off valves must be sufficiently 

flexible to protect the valves and the 

piping from shearing or releasing the 

pressure receptacle contents. The filling 

and discharge valves and any protective 

caps must be secured against 

unintended opening. The valves must 

conform to ISO 10297:2014(E) and ISO 

10297:2014/Amd 1:2017(E) (IBR, see 

§ 171.7 of this subchapter), or for nonrefillable pressure receptacles valves 

manufactured until December 31, 2020, 

ISO 13340:2001(E), and be protected as 

specified in § 173.301b(f) of this 

subchapter. Until December 31, 2022, 

the manufacture of a valve conforming 

to the requirements of ISO 

10297:2014(E) is authorized. Until 

December 31, 2020, the manufacture of 

a valve conforming to the requirements 

in ISO 10297:2006(E) (IBR, see § 171.7 

of this subchapter) was authorized. 

Until December 31, 2008, the 

manufacture of a valve conforming to 

the requirements in ISO 10297:1999(E) 

(IBR, see § 171.7 of this subchapter) was 

authorized. Additionally, valves must 

be initially inspected and tested in 

accordance with ISO 14246:2014(E) and 

ISO 14246:2014/Amd 1:2017(E), (IBR, 

see § 171.7 of this subchapter). For selfclosing valves with inherent protection, 

the requirements of ISO 17879:2017(E) 

(IBR, see § 171.7 of this subchapter) 

shall be met until further notice. 

* * * * * 

(l) * * * 

(1) * * * 

(iv) ISO 11119–4:2016(E) (IBR, see 

§ 171.7 of this subchapter). 

* * * * * 

(o) * * * 

(1) ISO 11114–1:2012(E) and 11114– 

1:2012/Amd 1:2017(E) (IBR, see § 171.7 

of this subchapter). 

* * * * * 

■ 46. In § 178.75, revise paragraph (d)(3) 

introductory text and add paragraphs 

(d)(3)(vi) through (ix) to read as follows: 

§ 178.75 Specifications for MEGCs. 

* * * * * 

(d) * * * 

(3) Each pressure receptacle of a 

MEGC must be of the same design type, 

seamless steel, or composite, and 

constructed and tested according to one 

of the following ISO standards, as 

appropriate: 

* * * * * 

(vi) ISO 11119–1:2012(E), Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 1: Hoop 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 l (IBR, see 

§ 171.7 of this subchapter). 

(vii) ISO 11119–2:2012(E) and ISO 

11119–2:2012/Amd.1:2014(E), Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 2: Fully 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 l with 

load-sharing metal liners (both IBR, see 

§ 171.7 of this subchapter). 

(viii) ISO 11119–3:2013(E) Gas 

cylinders—Refillable composite gas 

cylinders and tubes—Design, 

construction and testing—Part 3: Fully 

wrapped fibre reinforced composite gas 

cylinders and tubes up to 450 l with 

non-load-sharing metallic or nonmetallic liners (IBR, see § 171.7 of this 

subchapter). 

(ix) ISO 11119–4:2016(E) Gas 

cylinders—Refillable composite gas 

cylinders—Design, construction and 

testing—Part 4: Fully wrapped fibre 

reinforced composite gas cylinders up to 

150 l with load-sharing welded metallic 

liners (IBR, see § 171.7 of this 

subchapter). 

* * * * * 

■ 47. In § 178.275, revise paragraph 

(i)(2)(i)(A) to read as follows: 

§ 178.275 Specification for UN Portable 

Tanks intended for the transportation of 

liquid and solid hazardous materials. 

* * * * * 

(i) * * * 

(2) * * * 

(i) * * * 

(A) To determine the total required 

capacity of the relief devices, which 

must be regarded as being the sum of 

the individual capacities of all the 

contributing devices, the following 

formula must be used: 

Where: 

Q = minimum required rate of discharge in 

cubic meters of air per second (m3/s) at 

conditions: 1 bar and 0 °C (273 °K); 

F = for uninsulated shells: 1; for insulated 

shells: U(649¥t)/13.6 but in no case, is 

less than 0.25 

Where: 

U = heat transfer coefficient of the insulation, 

in kW m¥2K¥1, at 38 °C (100 °F); and t 

= actual temperature of the hazardous 

material during filling (in °C) or when 

this temperature is unknown, let t = 

15 °C (59 °F). The value of F given in this 


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'2 = 12.4 F.,t"'- ~ LC V'ii 
45000 Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 

paragraph (i)(2)(i)(A) for insulated shells 

may only be used if the insulation is in 

conformance with paragraph (i)(2)(iv) of 

this section; 

A = total external surface area of shell in 

square meters; 

Z = the gas compressibility factor in the 

accumulating condition (when this factor 

is unknown, let Z equal 1.0); 

T = absolute temperature in Kelvin (°C + 273) 

above the pressure relief devices in the 

accumulating condition; 

L = the latent heat of vaporization of the 

liquid, in kJ/kg, in the accumulating 

condition; 

M = molecular weight of the hazardous 

material. 

* * * * * 

■ 48. In § 178.505, redesignate 

paragraphs (b)(6) and (7) as paragraphs 

(b)(7) and (8), respectively, and add new 

paragraph (b)(6) to read as follows: 

§ 178.505 Standards for aluminum drums. 

* * * * * 

(b) * * * 

(6) If materials used for body, heads, 

closures, and fittings are not compatible 

with the contents to be transported, 

suitable internal protective coatings or 

treatments must be applied. These 

coatings or treatments must retain their 

protective properties under normal 

conditions of transport. 

* * * * * 

■ 49. In § 178.506, redesignate 

paragraphs (b)(6) and (7) as paragraphs 

(b)(7) and (8), respectively, and add new 

paragraph (b)(6) to read as follows: 

§ 178.506 Standards for metal drums other 

than steel or aluminum. 

* * * * * 

(b) * * * 

(6) If materials used for body, heads, 

closures, and fittings are not compatible 

with the contents to be transported, 

suitable internal protective coatings or 

treatments must be applied. These 

coatings or treatments must retain their 

protective properties under normal 

conditions of transport. 

* * * * * 

■ 50. In § 178.609, revise paragraph (g) 

to read as follows: 

§ 178.609 Test requirements for 

packagings for infectious substances. 

* * * * * 

(g) Where packaging is intended to 

contain dry ice, an additional drop test 

to that specified in paragraph (d), and 

when appropriate, paragraph (e) or (f) of 

this section must be performed on one 

sample in one of the orientations 

described in paragraph (d)(1) or (2) of 

this section, as appropriate, which is 

most likely to result in failure of the 

packaging. The sample must be stored 

so that all the dry ice dissipates prior to 

being subjected to the drop test. 

* * * * * 

■ 51. In § 178.703, revise paragraphs 

(b)(6) introductory text and (b)(7)(iv) to 

read as follows: 

§ 178.703 Marking of IBCs. 

* * * * * 

(b) * * * 

(6) For each composite IBC, the inner 

receptacle must be marked with at least 

the following information as required by 

paragraphs (b)(6)(i) and (ii) of this 

section. Additionally, the marking must 

be visible while inside of the outer 

receptacle. If the marking is not visible 

from the outer receptacle, the marking 

must be duplicated on the outer 

receptacle and include an indication 

that the marking applies to the inner 

receptacle. 

* * * * * 

(7) * * * 

(iv) For IBCs designed for stacking, 

the maximum permitted stacking load 

applicable when the IBC is in 

transportation must be displayed with 

the symbol. The mass in kilograms (kg) 

marked above the symbol must not 

exceed the load imposed during the 

design test, as indicated by the marking 

in paragraph (a)(1)(vii) of this section, 

divided by 1.8. The letters and numbers 

indicating the mass must be at least 12 

mm (0.48 inches). 

■ 52. In § 178.705, revise paragraphs 

(c)(1)(iv) introductory text and 

(c)(1)(iv)(A) to read as follows: 

§ 178.705 Standards for metal IBCs. 

* * * * * 

(c) * * * 

(1) * * * 

(iv) Minimum wall thickness. For 

metal IBCs with a capacity of more than 

1500 liters, the minimum wall thickness 

must be determined as follows: 

(A) For a reference steel having a 

product of Rm × Ao = 10,000, where Ao 

is the minimum elongation (as a 

percentage) of the reference steel to be 

used on fracture under tensile stress 

(Rm × Ao = 10,000 × 145; if tensile 

strength is in U.S. Standard units of 

pounds per square inch), the wall 

thickness must not be less than: 

TABLE 1 TO PARAGRAPH (c)(1)(iv)(A)—WALL THICKNESS (T) IN mm, CAPACITY (C) IN LITERS

Types 11A, 11B, 11N Types 21A, 21B, 21N, 31A, 31B, 31N 

Unprotected Protected Unprotected Protected 

T = C/2000 + 1.5 T = C/2000 + 1.0 T = C/1000 + 1.0 T = C/2000 + 1.5 

* * * * * 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

■ 53. The authority citation for part 180 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.81 and 1.97. 

■ 54. In § 180.207, revise paragraph 

(d)(3) and add paragraph (d)(7) to read 

as follows: 

§ 180.207 Requirements for requalification 

of UN pressure receptacles. 

* * * * * 

(d) * * * 

(3) Dissolved acetylene UN cylinders: 

Each dissolved acetylene cylinder must 

be requalified in accordance with ISO 

10462:2013(E) (IBR, see § 171.7 of this 

subchapter). A cylinder previously 

requalified in accordance with the 

second edition of ISO 10462(E) up until 

December 31, 2018, may continue to be 

used until the next required 

requalification. The porous mass and 

the shell must be requalified no sooner 

than 3 years, 6 months, from the date of 

manufacture. Thereafter, subsequent 

requalifications of the porous mass and 

shell must be performed at least once 

every ten years. 

* * * * * 

(7) UN cylinder bundles: UN cylinder 

bundles containing compressed, 

liquefied, and dissolved gas must be 

inspected and tested in accordance with 

ISO 20475:2018(E) (IBR, see § 171.7 of 

this subchapter). 


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Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules and Regulations 45001 

Issued in Washington, DC, on July 14, 

2022, under authority delegated in 49 CFR 

1.97. 

Tristan H. Brown, 

Deputy Administrator, Pipeline and 

Hazardous Materials Safety Administration. 

[FR Doc. 2022–15358 Filed 7–25–22; 8:45 am] 

BILLING CODE 4910–60–P 


khammond on DSKJM1Z7X2PROD with RULES3