[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Rules and Regulations]
[Pages 44944-45001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15358]



[[Page 44943]]

Vol. 87

Tuesday,

No. 142

July 26, 2022

Part V





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration





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49 CFR Parts 171, 172, 173, et al.





Hazardous Materials: Harmonization With International Standards; Final 
Rule

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

[[Page 44944]]


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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.

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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 PHMSA is also withdrawing the unpublished October 1, 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.
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    \1\ 86 FR 43844 (Aug. 10, 2021).
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    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:
    <bullet> 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.
    <bullet> 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).
    <bullet> 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

[[Page 44945]]

requirements, and passenger and cargo aircraft maximum quantity limits.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 Sec.  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.
    <bullet> 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.
    <bullet> 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.
    <bullet> Definition of SADT (Self-accelerating decomposition 
temperature) and SAPT (Self-accelerating 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.
    <bullet> 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.
    <bullet> 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 Sec. Sec.  
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.
    <bullet> 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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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.
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    \2\ 55 FR 52401 (Dec. 21, 1990).
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    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.
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    \3\ Amendment 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.
    \4\ PHMSA, 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.
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    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\
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    \5\ 86 FR 7019 (Jan. 20, 2021).
    \6\ 86 FR 7229 (Jan. 21, 2021).
    \7\ See, 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/statements-releases/2021/04/22/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/.
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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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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:
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    \8\ https://www.regulations.gov/docket/PHMSA-2019-0030/comments.

<bullet> Airbus
<bullet> Amazon
<bullet> Anonymous
<bullet> Council on the Safe Transportation of Hazardous Articles 
(COSTHA)
<bullet> Dangerous Goods Advisory Council (DGAC)
<bullet> Dow Chemical Company (Dow)
<bullet> Elanore Tessitore
<bullet> Healthcare Waste Institute (HWI)
<bullet> Institute for the Makers of Explosives (IME)
<bullet> Luxfer Canada
<bullet> Luxfer Gas Cylinders
<bullet> Medical Device Transport Council (MDTC)
<bullet> The Rechargeable Battery Association (PRBA)
<bullet> Reggie Valentine
<bullet> Rigid Intermediate Bulk Container Association (RIBCA)
<bullet> Reusable Industrial Packaging Association (RIPA)
<bullet> 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 Sec.  
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 Sec.  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 Sec.  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 Sec.  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 Sec.  173.58(c).
    PHMSA acknowledges the commenter's concerns over the testing 
requirements for Division 1.6 explosives in Sec.  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 Sec.  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 Sec.  173.58(c) must be updated to mirror 
language in the updated industry standards referenced elsewhere in 
Sec.  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.
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    \9\ 84 FR 8006 (Mar. 6, 2019).
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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.
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    \10\ 79 FR 46012 (Aug. 16, 2014).
    \11\ 85 FR 27810 (May 11, 2020).
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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

[[Page 44948]]

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.
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    \12\ See 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/phmsa-safety-advisory-notice-transportation-lithium-batteries-disposal-or-recycling.
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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:
    <bullet> 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 Sec. Sec.  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 Sec.  
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-the-safe-transport-of-radioactive-material.
    <bullet> 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 Sec. Sec.  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.
    <bullet> 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 Sec. Sec.  171.22; 171.23; 171.25; 172.101; 
172.202; 172.203; 172.401; 172.407; 172.502; 172.519; 172.602; 173.21; 
173.56; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140; 
176.720; 176.906; 178.3; and 178.274. The IMDG Code is a unified 
international code that outlines standards and requirements for the 
transport of dangerous goods by 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

[[Page 44949]]

Maritime Organization (IMO) website at: https://www.imo.org/en/publications/Pages/Distributors-default.aspx.
    <bullet> 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 
Sec.  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 Sec.  
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 
Sec. Sec.  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 Sec. Sec.  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 Sec.  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 Sec.  180.207, PHMSA is removing the reference to this edition in 
Sec.  171.7, as well as making a conforming revision to remove the 
sunset provision in Sec.  180.207.
---------------------------------------------------------------------------

    \13\ 82 FR 15796 (Mar. 30, 2017).
---------------------------------------------------------------------------

--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 Sec. Sec.  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 five-year 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, Sec. Sec.  
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 
Sec.  178.71; however, PHMSA is further incorporating by reference in 
Sec.  178.75 to allow for the use of this ISO standard for 
specification multi-element 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 Sec.  178.71; however, PHMSA further 
incorporates by reference in Sec.  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 Sec.  178.71; however, PHMSA further incorporates by 
reference in Sec.  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''.

[[Page 44950]]

--ISO 11119-3:2013(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'' listed in paragraph (w)(60). This document is currently 
incorporated by reference in Sec.  178.71; however, PHMSA is 
additionally incorporating by reference in Sec.  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 
Sec. Sec.  178.71 and 178.75. This standard provides 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 \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 Sec.  178.71. See 178.71 of Section-by-Section Review of 
Amendments for additional discussion on this new incorporation by 
reference.
---------------------------------------------------------------------------

    \14\ 1 Bar = 100 kPa = 14.504 psi.
---------------------------------------------------------------------------

--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 Sec.  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 Sec.  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 Sec. Sec.  173.301b and 178.71. This 
standard provides the design, type testing, marking, and manufacturing 
tests and examination requirements for self-closing 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 Sec.  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.

    <bullet> 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 Sec.  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.oecd-ilibrary.org/.
    <bullet> 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 Sec. Sec.  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 Sec. Sec.  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

[[Page 44951]]

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 Sec.  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 Sec.  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 Sec.  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 
Sec.  171.8 for SADT and SAPT--i.e., ``self-accelerating decomposition 
temperature'' and ``self-accelerating polymerization temperature''--
only spell out the abbreviations and direct users to Sec.  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 Sec.  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 Sec.  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 Sec.  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 cross-border 
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.
---------------------------------------------------------------------------

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

    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 Sec.  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

[[Page 44952]]

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\
---------------------------------------------------------------------------

    \16\ See Transport Canada, ``Approvals--Search by Certificate 
Number,'' https://wwwapps.tc.gc.ca/Saf-Sec-Sur/3/approvals-approbations/SearchCertificates.aspx (last visited Apr. 16, 2021).
---------------------------------------------------------------------------

    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 Sec.  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 Sec.  171.12 further mitigates risk to public 
safety and the environment by applying only to motor carrier and rail.
    The recognition of Transport Canada-issued 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.
---------------------------------------------------------------------------

    \17\ See Transport Canada, ``Temporary Certificates,'' https://tc.canada.ca/en/dangerous-goods/temporary-certificates (last visited 
Apr. 16, 2021).
---------------------------------------------------------------------------

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 ([pi]) symbol to 
denote such compliance. PHMSA is amending Sec.  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, Sec.  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
<bullet> UN0511, Detonators, electronic programmable for blasting
<bullet> UN0512, Detonators, electronic programmable for blasting
<bullet> UN0513, Detonators, electronic programmable for blasting
<bullet> 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

[[Page 44953]]

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.
---------------------------------------------------------------------------

    \18\ https://unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SG-AC.10-C.3-2018-58e.pdf.
---------------------------------------------------------------------------

    The HMT has nine entries for detonators--not used for ammunition--
which include: ``Detonators, non-electric 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 down-stream 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 
Sec.  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

[[Page 44954]]

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 
Battery-powered 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 Sec. Sec.  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 Sec.  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 Sec.  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 Sec.  173.197 is assigned to 
``UN3291'' material in the HMT for authorized non-bulk 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 
Sec.  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 Sec.  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:
---------------------------------------------------------------------------

    \19\ 85 FR 27810 (May 11, 2020).

<bullet> UN3537, Articles containing flammable gas, n.o.s.
<bullet> UN3538, Articles containing non-flammable, non-toxic gas, 
n.o.s.
<bullet> UN3539, Articles containing toxic gas, n.o.s.
<bullet> UN3540, Articles containing flammable liquid, n.o.s.
<bullet> UN3541, Articles containing flammable solid, n.o.s.
<bullet> UN3542, Articles containing a substance liable to spontaneous 
combustion, n.o.s.
<bullet> UN3543, Articles containing a substance which in contact with 
water emits flammable gases, n.o.s.
<bullet> UN3544, Articles containing oxidizing substance, n.o.s.
<bullet> UN3545, Articles containing organic peroxide, n.o.s.
<bullet> UN3546, Articles containing toxic substance, n.o.s.
<bullet> UN3547, Articles containing corrosive substance, n.o.s.
<bullet> 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 Sec.  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

[[Page 44955]]

entries to outline thermal stability testing requirements for their 
transportation:

<bullet> UN0340, Nitrocellulose, dry or wetted with less than 25 
percent water (or alcohol), by mass
<bullet> UN0341, Nitrocellulose, unmodified or plasticized with less 
than 18 percent plasticizing substance, by mass
<bullet> UN0342, Nitrocellulose, wetted with not less than 25 percent 
alcohol, by mass
<bullet> 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:

<bullet> UN2555, Nitrocellulose with water with not less than 25 
percent water, by mass
<bullet> 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
<bullet> UN2557, Nitrocellulose, with not more than 12.6 percent 
nitrogen, by dry mass mixture with or without plasticizer, with or 
without pigment
<bullet> 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 
self-ignition during transportation. The commenter notes that the 
special provisions state ``[t]he 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 Sec.  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 Sec.  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:

<bullet> UN3481, Lithium ion batteries, contained in equipment or 
packed with equipment including lithium ion polymer batteries
<bullet> 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.
---------------------------------------------------------------------------

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

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

[[Page 44956]]

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 Sec.  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, 
self-heating, 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:

<bullet> UN1289, Sodium methylate solutions in alcohol
<bullet> UN1431, Sodium methylate
<bullet> UN3206, Alkali metal alcoholates, self-heating, corrosive, 
n.o.s.
<bullet> 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 break-bulk). 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 Sec.  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

[[Page 44957]]

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:

<bullet> UN1950, Aerosols, corrosive, Packing Group II or III, (each 
not exceeding 1 L capacity)
<bullet> UN1950, Aerosols, flammable, (each not exceeding 1 L capacity)
<bullet> UN1950, Aerosols, flammable, n.o.s. (engine starting fluid) 
(each not exceeding 1 L capacity)
<bullet> UN1950, Aerosols, non-flammable, (each not exceeding 1 L 
capacity)
<bullet> UN1950, Aerosols, poison, Packing Group III (each not 
exceeding 1 L capacity)
<bullet> UN2037, Gas cartridges, (flammable) without a release device, 
non-refillable
<bullet> UN2037, Receptacles, small, containing gas or gas cartridges 
(flammable) without release device, not refillable and not exceeding 1 
L capacity
<bullet> UN2037, Receptacles, small, containing gas or gas cartridges 
(non-flammable) without release device, not refillable and not 
exceeding 1 L capacity
<bullet> 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

[[Page 44958]]

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 Sec.  172.101 of the Section-by-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\
---------------------------------------------------------------------------

    \21\ https://unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/UN-SCETDG-53-INF22e.pdf.
---------------------------------------------------------------------------

    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 self-
ignition. 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 Battery-powered 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.
---------------------------------------------------------------------------

    \22\ 79 FR 46012 (Aug. 16, 2014).
---------------------------------------------------------------------------

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

[[Page 44959]]

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 Sec. Sec.  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 Sec. Sec.  
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 Sec.  172.101 of the Section-
by-Section Review of Amendments for further

[[Page 44960]]

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 [deg]C or below (in 
[deg]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 Sec.  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 Sec.  
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 
currently-authorized ``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, Sec.  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-n-
butyltin 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

[[Page 44961]]

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 
Sec.  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 Sec.  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 Sec.  
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 self-adhesive 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 Sec.  172.315(b); the excepted 
quantity mark in Sec.  173.4a(g); and the UN3373 Category B infectious 
substance mark in Sec.  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 Sec.  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

[[Page 44962]]

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--Sec.  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 battery-powered 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 battery-powered devices or equipment that accompany 
shipments of COVID-19 pharmaceuticals, including vaccines.
---------------------------------------------------------------------------

    \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/AddendumCorrigendum%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/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2021-2022.AddendumNo2.en.pdf.
---------------------------------------------------------------------------

    PHMSA received comments from COSTHA, DGAC, MDTC, and PRBA 
expressing concerns over the new Sec.  173.14. MDTC is concerned that 
Sec.  173.14 as proposed is too limited and unnecessary. Additionally, 
DGAC, MDTC, and PRBA expressed concern that Sec.  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 Sec.  
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 Sec.  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 Sec.  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 Sec.  
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 Sec.  173.27 are not 
consistent with those provided for in the latest version of Packing

[[Page 44963]]

Instructions 964 and Y964. PHMSA is revising Sec.  173.27 to correct 
this discrepancy and align with the updated version of the ICAO 
Technical Instructions.
---------------------------------------------------------------------------

    \25\ Report 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.
---------------------------------------------------------------------------

    In a previous final rule, HM-215K,\26\ PHMSA revised Sec.  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).
---------------------------------------------------------------------------

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

    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 Sec.  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:

<bullet> UN1841, Acetaldehyde ammonia
<bullet> UN1931, Zinc dithionite or Zinc hydrosulphite
<bullet> UN1941, Dibromodifluoromethane
<bullet> UN1990, Benzaldehyde
<bullet> UN2071, Ammonium nitrate fertilizers
<bullet> UN2216, Fish meal, stabilized or Fish scrap, stabilized
<bullet> UN2315, Polychlorinated biphenyls, liquid
<bullet> UN2590, Asbestos, chrysotile
<bullet> UN2969, Castor beans or Castor flake or Castor meal or Castor 
pomace
<bullet> UN3077, Environmentally hazardous substance, solid, n.o.s.
<bullet> UN3082, Environmentally hazardous substance, liquid, n.o.s.
<bullet> UN3151, Polyhalogenated biphenyls, liquid or Polyhalogenated 
terphenyls, liquid or Halogenated monomethyldiphenylmethanes, liquid
<bullet> UN3152, Polyhalogenated biphenyls, solid or Polyhalogenated 
terphenyls, solid or Halogenated monomethyldiphenylmethanes, solid
<bullet> UN3334, Aviation regulated liquid, n.o.s.
<bullet> UN3335, Aviation regulated solid, n.o.s.
<bullet> 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 
Sec.  173.59. PHMSA expects this additional precision in shipping 
descriptions will provide a safety benefit. See Sec.  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 Sec.  171.7. As part of ISO's 
regular periodic review of each standard, ISO standard

[[Page 44964]]

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 Sec.  
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 sub-
category 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 
sub-categorization 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 non-combustible 
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, Sec.  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, Sec.  
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., self-heating 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

[[Page 44965]]

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 Sec.  
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 Sec. Sec.  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.
---------------------------------------------------------------------------

    \27\ Rechargeable 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.
---------------------------------------------------------------------------

    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., self-heating 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 Sec.  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 Sec.  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

[[Page 44966]]

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 
non-bulk and bulk) are already typically treated with quantities of 
stabilizer (antioxidants) well above the minimum amounts currently 
shown in section Sec.  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 Sec.  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 non-bulk packaging requirements for 
``UN3363, Dangerous goods in machinery or apparatus.'' As discussed in 
revisions to Sec.  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 Sec.  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 Sec.  173.222 provisions. Therefore, PHMSA revises the 
provisions in Sec.  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 Sec.  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 Sec.  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-tert-butylcyclohexyl) peroxydicarbonate 
was identified as a Type E organic peroxide based on evaluation of new 
test data within the classification scheme for self-reactives 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-tert-

[[Page 44967]]

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-tert-butylcyclohexyl) 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 self-closing 
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.
---------------------------------------------------------------------------

    \28\ See, e.g., Special Permit 20876 (Apr. 21, 2021), https://cms7.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/authorization/2019045387_SP20876.pdf/2019045387/SP20876.
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    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

[[Page 44968]]

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 Sec.  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 Sec.  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.
---------------------------------------------------------------------------

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

    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 Sec.  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 Sec.  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 
alcohol-based 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

[[Page 44969]]

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 Sec.  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 Sec.  175.10(a)(1)(i) for provisions pertaining to non-
radioactive medicinal and toilet articles). Currently, these materials 
(i.e., Division 2.2 non-flammable 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\
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    \30\ DOT Special Permit 21021 (May 29, 2020), https://www.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/offer/SP21021.pdf/2020034999/SP21021.
    \31\ PHMSA notes that, apart from the revisions to Sec.  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.
---------------------------------------------------------------------------

    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 Sec.  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:
    <bullet> 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 Sec.  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 Sec.  106.100 providing data and arguments for why Class F cargo 
compartments should be included in Sec.  175.75(b).
    <bullet> Insertion of an additional distinct sentence in the 
aforementioned revised format of paragraph (b) to highlight the 
existing requirement in Sec.  175.75 that all packages displaying a 
``Cargo Aircraft Only'' label in accordance with Sec.  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

[[Page 44970]]

requirements would be clearer if this important requirement were 
explicitly stated in Sec.  175.75. Therefore, PHMSA is specifying this 
requirement in the stowage requirements as new subparagraph (b)(4).
    <bullet> 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.
---------------------------------------------------------------------------

    \32\ 78 FR 65453 (Oct. 31, 2013). This rule affected rules HM-
215K, HM-215L, HM-218G, and HM-219.
---------------------------------------------------------------------------

    <bullet> 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 Sec.  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.
---------------------------------------------------------------------------

    \33\ International Maritime Organization Sub-Committee on the 
Carriage of Cargoes and Containers CCC 5/6/3.
---------------------------------------------------------------------------

    Second, PHMSA adds new stowage provisions under codes 155, 156, and 
157:
    <bullet> 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.
    <bullet> 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 Sec.  173.185(f) or being transported for purposes of disposal or 
recycling in accordance with Sec.  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.
    <bullet> 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

[[Page 44971]]

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 Sec.  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 Sec.  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 self-closing 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

[[Page 44972]]

cylinders with load-sharing welded steel liners.\34\
---------------------------------------------------------------------------

    \34\ See, e.g., Special Permit 14457 (Dec. 16, 2019), which 
served as the technical basis for the development of ISO 11119-
4:2016.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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

[[Page 44973]]

drums--consistent with requirements for other metal packagings, such as 
steel drums, as provided in Sec.  178.504(b)(7) and aluminum and steel 
jerricans in Sec.  178.511(b)(5). In response to the NPRM, RIPA 
provided comments in opposition to adding the new Sec.  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 Sec.  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 Sec.  
178.504(a)(7) and for aluminum and steel jerricans in Sec. Sec.  
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 Sec.  
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 Sec.  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 Sec.  
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 Sec.  178.504(b)(7) for steel 
drums and Sec.  178.511(b)(5) for aluminum and steel jerricans. In 
response to the NPRM, RIPA provided the same comments to Sec.  
178.505(b)(6) for aluminum drums as for this Sec.  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 Sec.  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 Sec.  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 Sec.  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

[[Page 44974]]

performance standard marking requirements.
    RIPA provided comments supportive of harmonizing Sec.  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 Sec.  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 Sec.  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 Sec.  
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.
---------------------------------------------------------------------------

    \36\ Stainless 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-SG-AC.10-C.3-2018-96e.pdf.
---------------------------------------------------------------------------

    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 Sec.  178.705.
    Additionally, Dow, DGAC, and RIBCA all state their opposition to 
the alternative outlined in the NPRM for metal IBC wall thickness in 
Sec.  171.23. The alternative for Sec.  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 Sec.  171.23 of the NPRM--is not being pursued at this 
time.
    Therefore, PHMSA is revising the minimum wall thickness 
requirements in Sec.  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

[[Page 44975]]

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 
Sec.  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 Sec.  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 
Sec.  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 cost-effective 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.
---------------------------------------------------------------------------

    \37\ 58 FR 51735 (Oct. 4, 1993).
    \38\ https://www.transportation.gov/sites/dot.gov/files/2021-06/DOT-2100.6A-Rulemaking-and-Guidance-%28003%29.pdf.
---------------------------------------------------------------------------

    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.

[[Page 44976]]

    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]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                10 Year costs        10 Year cost savings     10 Year net cost savings      Annual costs          Annual cost savings         Annual net cost
                                           ------------------------------------------------------------------------------------------------------------------------------         savings
              Rule amendments                                                                                                                                            -----------------------
                                               Low        High         Low          High          Low          High        Low       High          Low          High          Low        High
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Amendment 2: Electric and Electronic         $637,197   $862,238             0             0   ($637,197)   ($862,238)   $90,723    $122,763             0             0   ($90,723)  ($122,763)
 Detonators...............................
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, low-income, 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.''
---------------------------------------------------------------------------

    \39\ 64 FR 43255 (Aug. 10, 1999).
    \40\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \41\ 65 FR 67241 (Nov. 9, 2000).
---------------------------------------------------------------------------

    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

[[Page 44977]]

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-for-profit 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\
---------------------------------------------------------------------------

    \42\ 67 FR 53461 (Aug. 16, 2002).
    \43\ DOT, ``Rulemaking Requirements Related to Small Entities,'' 
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed June 17, 2021).
---------------------------------------------------------------------------

    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 Sec.  173.301b(c)(2) and expands Sec.  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 Sec.  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

[[Page 44978]]

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

[[Page 44979]]

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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, low-income 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.
---------------------------------------------------------------------------

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

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.
---------------------------------------------------------------------------

    \49\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------

    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

[[Page 44980]]

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 Sec.  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

0
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.


0
2. In Sec.  171.7:
0
a. Revise paragraphs (a), (s)(1), (t)(1), (v)(2), and (w)(38) through 
(77);
0
b. Add paragraphs (w)(78) through (81); and
0
c. Revise paragraphs (aa) introductory text, (aa)(3), and (dd)(1) 
through (4).
    The revisions and additions read as follows:


Sec.  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: 
<a href="/cdn-cgi/l/email-protection#bfd9cd91d6d1cccfdadccbd6d0d1ffd1decdde91d8d0c9"><span class="__cf_email__" data-cfemail="2f495d0146415c5f4a4c5b4640416f414e5d4e01484059">[email protected]</span></a>, 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 Sec. Sec.  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 Sec. Sec.  171.8; 171.22 through 171.24; 
172.101; 172.202; 172.401; 172.407; 172.512; 172.519; 172.602; 173.56; 
173.320; 175.10, 175.33; 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 Sec. Sec.  171.22; 171.23; 171.25; 
172.101; 172.202; 172.203; 172.401; 172.407; 172.502; 172.519; 172.602; 
173.21; 173.56; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 
176.140; 176.720; 176.906; 178.3; 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 Sec.  173.115.
    (39) ISO 10297:1999(E), Gas cylinders--Refillable gas cylinder 
valves--Specification and type testing, First Edition, 1995-05-01; into 
Sec. Sec.  173.301b; 178.71.
    (40) ISO 10297:2006(E), Transportable gas cylinders--Cylinder 
valves--Specification and type testing, Second Edition, 2006-01-15; 
into Sec. Sec.  173.301b; 178.71.

[[Page 44981]]

    (41) ISO 10297:2014(E), Gas cylinders--Cylinder valves--
Specification and type testing, Third Edition, 2014-07-15; into 
Sec. Sec.  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 Sec. Sec.  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 Sec.  180.207.
    (44) ISO 10462:2013(E), Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance, Third edition, 2013-12-15; into 
Sec.  180.207.
    (45) ISO 10692-2:2001(E), Gas cylinders--Gas cylinder valve 
connections for use in the micro-electronics industry--Part 2: 
Specification and type testing for valve to cylinder connections, First 
Edition, 2001-08-01; into Sec. Sec.  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 Sec. Sec.  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 Sec. Sec.  
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 Sec. Sec.  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 Sec.  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 Sec.  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 Sec.  173.301b.
    (52) ISO 11118(E), Gas cylinders--Non-refillable metallic gas 
cylinders--Specification and test methods, First edition, October 1999; 
into Sec.  178.71.
    (53) ISO 11118:2015(E), Gas cylinders--Non-refillable metallic gas 
cylinders--Specification and test methods, Second edition, 2015-09-15; 
into Sec. Sec.  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 Sec.  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 Sec. Sec.  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 Sec.  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 
Sec. Sec.  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 Sec. Sec.  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 Sec.  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 non-metallic liners, Second edition, 
2013-04-15; into Sec. Sec.  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 Sec.  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 Sec. Sec.  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 Sec. Sec.  178.71; 
178.75.
    (64) ISO 11513:2011(E), Gas cylinders--Refillable welded steel 
cylinders containing materials for sub-atmospheric gas packaging 
(excluding acetylene)--Design, construction, testing, use and periodic 
inspection, First edition, 2011-09-12; into Sec. Sec.  173.302c; 
178.71; 180.207.
    (65) ISO 11621(E), Gas cylinders--Procedures for change of gas 
service, First edition, April 1997; into Sec. Sec.  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 
Sec.  180.207.
    (67) ISO 11623(E):2015, Gas cylinders--Composite construction--
Periodic inspection and testing, Second edition, 2015-12-01; into Sec.  
180.207.
    (68) ISO 13340:2001(E), Transportable gas cylinders--Cylinder 
valves for non-refillable cylinders--Specification and prototype 
testing, First edition, 2004-04-01; into Sec. Sec.  173.301b; 178.71.
    (69) ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method, Second Edition, 2008-09-15; into Sec.  173.120.
    (70) ISO 14246:2014(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examination, Second Edition, 2014-06-15; into 
Sec.  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 Sec.  178.71.
    (72) ISO 16111:2008(E), Transportable gas storage devices--Hydrogen 
absorbed in reversible metal hydride, First Edition, 2008-11-15; into 
Sec. Sec.  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 Sec.  180.207.
    (74) ISO 17871:2015(E), Gas cylinders--Quick-release cylinder 
valves--Specification and type testing, First Edition, 2015-08-15; into 
Sec.  173.301b.
    (75) ISO 17879: 2017(E), Gas cylinders--Self-closing cylinder 
valves--Specification and type testing, First Edition, 2017-07; into 
Sec. Sec.  173.301b;178.71.

[[Page 44982]]

    (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 Sec.  178.71.
    (77) ISO 20475:2018(E), Gas cylinders--Cylinder bundles--Periodic 
inspection and testing, First Edition, 2018-02; into Sec.  180.207.
    (78) ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing, First Edition, 2006-
05-01; into Sec.  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 Sec.  178.71.
    (80) ISO 22434:2006(E), Transportable gas cylinders--Inspection and 
maintenance of cylinder valves, First Edition, 2006-09-01; into Sec.  
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 
Sec.  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 Sec.  173.137.
* * * * *
    (dd) * * *
    (1) Recommendations on the Transport of Dangerous Goods, Model 
Regulations (UN Recommendations), 21st revised edition, copyright 2019; 
into Sec. Sec.  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 
Sec. Sec.  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 Sec.  172.401.
    (4) Agreement concerning the International Carriage of Dangerous 
Goods by Road (ADR), copyright 2020; into Sec.  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).
* * * * *

0
3. In Sec.  171.8, revise the definitions for ``SADT'' and ``SAPT'' to 
read as follows:


Sec.  171.8   Definitions and abbreviations.

* * * * *
    SADT means self-accelerated decomposition temperature and is the 
lowest temperature at which self-accelerating decomposition may occur 
in a substance in the packaging, IBC, or portable tank offered for 
transport. See also Sec.  173.21(f) of this subchapter.
* * * * *
    SAPT means self-accelerated polymerization temperature and is the 
lowest temperature at which self-accelerating polymerization may occur 
with a substance in the packaging, IBC, or portable tank as offered for 
transport. See also Sec.  173.21(f) of this subchapter. This definition 
will be effective until January 2, 2023.
* * * * *


0
4. In Sec.  171.12, revise paragraph (a)(1) to read as follows:


Sec.  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 Sec.  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 Sec.  171.22, provided the requirements in Sec. Sec.  
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.
* * * * *


0
5. In Sec.  171.23, revise paragraph (a)(3) introductory text to read 
as follows:


Sec.  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 Sec.  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 Sec.  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

0
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.


0
7. In Sec.  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:


Sec.  172.101   Purpose and use of the hazardous materials table.

* * * * *
BILLING CODE 4910-60-P

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BILLING CODE 4910-60-C
* * * * *

0
8. In Sec.  172.102:
0
a. In paragraph (c)(1):
0
i. Revise special provisions 47, 134, 135, 136, and 147;
0
ii. Add special provisions 196 and 197 in numerical order;
0
iii. Revise special provisions 360, 370, and 379d(1); and
0
iv. Add special provisions 430 and 441 in numerical order.

[[Page 44989]]

0
b. In paragraph (c)(8)(ii), remove and reserve TP codes TP39 and TP41.
    The additions and revisions read as follows:


Sec.  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 Sec.  
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 four-wheeled 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, self-
propelled 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 four-wheeled 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 Sec.  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 
Sec.  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 Sec.  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 Sec.  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 Sec.  173.4a of this subchapter; and
    c. The equipment, and machinery or apparatus articles conforms with 
Sec.  173.222 of this subchapter.
* * * * *
    147 This entry applies to non-sensitized 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

[[Page 44990]]

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 Sec.  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 Sec.  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 Sec.  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 Sec.  171.7 of this 
subchapter). See also UN1942 in the Sec.  172.101 Hazardous Materials 
Table. This entry may not be used for ammonium nitrate for which a 
proper shipping name already exists in the Sec.  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 Sec.  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 Sec.  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.
* * * * *

0
9. In Sec.  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:


Sec.  172.203   Additional description requirements.

* * * * *
    (i) * * *
    (2) A minimum flashpoint, if 60 [deg]C (140 [deg]F) or below (in 
[deg]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 
Sec.  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 Sec.  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 Sec.  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 Sec.  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.

0
10. In Sec.  172.301, revise paragraph (a)(1) introductory text to read 
as follows:


Sec.  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 Sec.  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.
* * * * *

0
11. In Sec.  172.315, add paragraph (b)(3) to read as follows:


Sec.  172.315  Limited quantities.

* * * * *
    (b) * * *
    (3) For transportation by aircraft, the entire mark must appear on 
one side of the package.
* * * * *

0
12. In Sec.  172.322, revise paragraph (a)(1) to read as follows:


Sec.  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 Sec.  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

[[Page 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 Sec.  
172.102(c)(1), special provision 441 for additional provisions; and
* * * * *

0
13. In Sec.  172.406, revise paragraph (a) to read as follows:


Sec.  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).
* * * * *


Sec.  172.447  [Amended]

0
14. In Sec.  172.447, remove paragraph (c).

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

0
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.


0
16. In Sec.  173.4a, redesignate paragraph (g)(3) as paragraph (g)(4) 
and add new paragraph (g)(3) to read as follows:


Sec.  173.4a  Excepted quantities.

* * * * *
    (g) * * *
    (3) For transportation by aircraft, the entire mark must appear on 
one side of the package.
* * * * *

0
17. Add Sec.  173.14 to subpart A to read as follows:


Sec.  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 Sec.  
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 Sec.  
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 Sec.  
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.

0
18. In Sec.  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:


Sec.  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 Sec.  
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 Sec.  173.4a of 
this part.
* * * * *
    (3) * * *

[[Page 44992]]



  Table 1 to Paragraph (f)--Maximum Net Capacity of Inner Packaging for
              Transportation on Passenger-Carrying Aircraft
------------------------------------------------------------------------
                                    Maximum authorized net capacity of
                                           each inner packaging
Maximum net quantity per package ---------------------------------------
   from Column 9a  of the Sec.    Glass, earthenware
          172.101 table             or fiber inner     Metal or plastic
                                      packagings       inner  packagings
------------------------------------------------------------------------
Liquids:
    Not greater than 0.5 L......  0.5 L.............  0.5 L.
    Greater than 0.5 L, not       0.5 L.............  1 L.
     greater than 1 L.
    Greater than 1 L, not         1 L...............  5 L.
     greater than 5 L.
    Greater than 5 L, not         2.5 L.............  10 L.
     greater than 60 L.
    Greater than 60 L, not        5 L...............  25 L.
     greater than 220 L.
Class 9: UN1941, UN1990, UN2315,  10 L..............  Plastic: 30 L;
 UN3082, UN3151, UN3334.                               Metal: 40 L.
Solids:
    Not greater than 5 kg.......  0.5 kg............  1 kg.
    Greater than 5 kg. not        1 kg..............  2.5 kg.
     greater than 25 kg.
    Greater than 25 kg, not       5 kg..............  10 kg.
     greater than 200 kg.
Class 9: UN1841, UN1931, UN2071,  Glass or            50 kg.
 UN2216, UN2590, UN2969, UN3077,   earthenware: 10
 UN3152, UN3335, UN3432.           kg; Fiber: 50 kg.
------------------------------------------------------------------------


  Table 2 to Paragraph (f)--Maximum Net Capacity of Inner Packaging for
                    Transportation on Cargo Aircraft
------------------------------------------------------------------------
                                    Maximum authorized net capacity of
                                           each inner packaging
Maximum net quantity per package ---------------------------------------
   from Column 9b  of the Sec.    Glass, earthenware
          172.101 table             or fiber inner     Metal or plastic
                                      packagings       inner  packagings
------------------------------------------------------------------------
Liquids:
    Not greater than 2.5L.......  1 L...............  1 L.
    Greater than 2.5L, not        2.5 L.............  2.5 L.
     greater than 30L.
    Greater than 30L, not         5 L...............  10 L.
     greater than 60L.
    Greater than 60L, not         5 L...............  25 L.
     greater than 220L.
Class 9: UN1941, UN1990, UN2315,  10 L..............  Plastic: 30 L;
 UN3082, UN3151, UN3334.                               Metal: 40 L.
Solids:
    Not greater than 15 kg......  1 kg..............  1 kg.
    Greater than 15 kg. not       2.5 kg............  5 kg.
     greater than 50 kg.
    Greater than 50 kg, not       5 kg..............  10 kg.
     greater than 200 kg.
Class 9: UN1841, UN1931, UN2071,  Glass or            50 kg.
 UN2216, UN2590, UN2969, UN3077,   earthenware: 10
 UN3152, UN3335, UN3432.           kg; Fiber: 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

* * * * *

0
19. In Sec.  173.59, revise the description for ``Detonators'' and add 
a description for ``Detonators, electronic programmable for blasting'' 
in alphabetical order to read as follows:


Sec.  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.
* * * * *

0
20. In Sec.  173.115, revise paragraph (k) to read as follows:


Sec.  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 Sec.  171.7 of this subchapter).
* * * * *

0
21. In Sec.  173.134, revise paragraphs (a)(1) and (5) to read as 
follows:


Sec.  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,

[[Page 44993]]

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.
* * * * *

0
22. In Sec.  173.137, revise the introductory text to read as follows:


Sec.  173.137   Class 8--Assignment of packing group.

    The packing group of a Class 8 material is indicated in Column 5 of 
the Sec.  172.101 Table. When the Sec.  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 
Sec.  171.7 of this subchapter) or Test No. 404, ``Acute Dermal 
Irritation/Corrosion'' (IBR, see Sec.  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 
Sec.  171.7 of this subchapter) or Test No. 431, ``In Vitro Skin 
Corrosion: Reconstructed Human Epidermis (RHE) Test Method'' (IBR, see 
Sec.  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:
* * * * *

0
23. In Sec.  173.172, revise paragraphs (a) and (b) to read as follows:


Sec.  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).

0
24. In Sec.  173.181, revise paragraph (b) to read as follows:


Sec.  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.
* * * * *

0
25. In Sec.  173.185, revise paragraphs (c)(3)(i) introductory text and 
(c)(3)(i)(A) to read as follows:


Sec.  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.

[[Page 44994]]

[GRAPHIC] [TIFF OMITTED] TR26JY22.152

    (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;
* * * * *

0
26. In Sec.  173.187, revise paragraphs (b), (c), (e), and (f) to read 
as follows:


Sec.  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).
* * * * *

0
27. In Sec.  173.199, revise the paragraph (a)(5) introductory text 
preceding the image of the UN3373 mark to read as follows:


Sec.  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.
* * * * *

0
28. Revise Sec.  173.218 to read as follows:


Sec.  173.218   Fish meal or fish scrap.

    (a) Transportation by vessel. (1) Except as provided in Column (7) 
of the HMT in Sec.  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

[[Page 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 Sec.  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.

0
29. In Sec.  173.221, revise paragraph (a) to read as follows:


Sec.  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.
* * * * *

0
30. Revise Sec.  173.222 to read as follows:


Sec.  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 
Sec. Sec.  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 
Sec.  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 Sec.  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;

[[Page 44996]]

    (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 Sec.  
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.

0
31. In Sec.  173.225:
0
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
0
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:


Sec.  173.225   Packaging requirements and other provisions for organic 
peroxides.

* * * * *
    (c) * * *

                                                    Table 1 to Paragraph (c)--Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Diluent (mass %)                            Temperature ([deg]C)
               Technical name                  ID No.    Concentration ------------------------------   Water    Packing ----------------------   Notes
                                                           (mass %)         A         B         I     (mass %)   method    Control   Emergency
(1)                                                (2)             (3)      (4a)      (4b)      (4c)       (5)       (6)      (7a)        (7b)       (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Di-(4-tert-butylcyclohexyl)peroxydicarbonate    UN3118            <=42  ........  ........  ........  ........       OP8        35          40
 [as a paste]...............................
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                              Table 3 to Paragraph (e)--Organic Peroxide IBC Table
----------------------------------------------------------------------------------------------------------------
                                                                      Maximum
        UN No.              Organic peroxide        Type of IBC      quantity         Control        Emergency
                                                                     (liters)       temperature     temperature
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
3119..................  ORGANIC PEROXIDE, TYPE
                         F, LIQUID, TEMPERATURE
                         CONTROLLED.
 
                                                  * * * * * * *
                        tert-Amyl                          31HA1           1,000        0 [deg]C      +10 [deg]C
                         peroxypivalate, not
                         more than 42% as a
                         stable dispersion in
                         water.
                        tert-Butyl                         31HA1           1,000       10 [deg]C       15 [deg]C
                         peroxypivalate, not                 31A           1,250       10 [deg]C       15 [deg]C
                         more than 42% in a
                         diluent type A.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
32. In Sec.  173.301b, revise paragraphs (a)(2) and (c) to read as 
follows:


Sec.  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 Sec.  171.7 of this subchapter) and for non-metallic 
materials in ISO 11114-2:2013(E) (IBR, see Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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

[[Page 44997]]

to the requirements in ISO 11117:2008(E) and Technical Corrigendum 1 
(IBR, see Sec.  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 Sec.  171.7 of this subchapter) was authorized. 
The cap must have vent-holes of sufficient cross-sectional 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 Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  171.7 of this subchapter) 
for UN pressure receptacles with self-closing valves with inherent 
protection (except those in acetylene service).
* * * * *

0
33. In Sec.  173.304b, revise paragraph (b)(2) to read as follows:


Sec.  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 [deg]C. In addition, the UN 
pressure receptacle may not be liquid full at 60 [deg]C. The test 
pressure of the pressure receptacle must be equal to or greater than 
the vapor pressure of the liquid at 65 [deg]C.
* * * * *

0
34. In Sec.  173.306, revise paragraphs (f)(2)(i) and (f)(3)(iv) and 
add paragraph (n) to read as follows:


Sec.  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.

0
35. In Sec.  173.335, revise paragraph (d) to read as follows:


Sec.  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

0
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.


0
37. In Sec.  175.8, add paragraph (b)(5) to read as follows:


Sec.  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.

0
38. In Sec.  175.9, revise paragraph (b)(5)(ii) to read as follows:


Sec.  175.9  Special aircraft operations.

* * * * *
    (b) * * *
    (5) * * *
    (ii) Each type of battery used is either nonspillable, lithium 
metal, or lithium

[[Page 44998]]

ion. Lithium metal or lithium ion batteries must meet the provisions of 
Sec.  173.185(a) of this subchapter. Spare batteries--of any type--must 
be individually protected to prevent short circuits when not in use;
* * * * *

0
39. In Sec.  175.10, revise paragraphs (a)(1) and (11) to read as 
follows:


Sec.  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.
* * * * *

0
40. In Sec.  175.75, revise paragraph (b) and Notes 1 and 2 to the 
Quantity and Loading Table in paragraph (f) to read as follows:


Sec.  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 cargo-only aircraft must 
be loaded in an accessible manner.
* * * * *
    (f) * * *

    Note 1 to Sec.  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 Sec.  173.63(b).
    g. Articles of Identification Numbers UN3528 or UN3529.


    Note 2 to Sec.  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

0
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.


0
42. In Sec.  176.84:
0
a. In the paragraph (b) table, revise code 4 and add codes 155, 156, 
and 157 in numerical order; and
0
b. In the paragraph (c)(2) table, revise provisions 19E and 22E.
    The revisions read as follows:


Sec.  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 Sec.   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) * * *

[[Page 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

0
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.


0
44. In Sec.  178.3, revise paragraph (a)(4) to read as follows:


Sec.  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.
* * * * *

0
45. In Sec.  178.71, revise paragraph (d)(2), add paragraph (l)(1)(iv), 
and revise paragraph (o)(1) to read as follows:


Sec.  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 Sec.  171.7 of this subchapter), or for non-refillable 
pressure receptacles valves manufactured until December 31, 2020, ISO 
13340:2001(E), and be protected as specified in Sec.  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 Sec.  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 
Sec.  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 Sec.  171.7 
of this subchapter). For self-closing valves with inherent protection, 
the requirements of ISO 17879:2017(E) (IBR, see Sec.  171.7 of this 
subchapter) shall be met until further notice.
* * * * *
    (l) * * *
    (1) * * *
    (iv) ISO 11119-4:2016(E) (IBR, see Sec.  171.7 of this subchapter).
* * * * *
    (o) * * *
    (1) ISO 11114-1:2012(E) and 11114-1:2012/Amd 1:2017(E) (IBR, see 
Sec.  171.7 of this subchapter).
* * * * *

0
46. In Sec.  178.75, revise paragraph (d)(3) introductory text and add 
paragraphs (d)(3)(vi) through (ix) to read as follows:


Sec.  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 Sec.  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 Sec.  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 non-metallic liners (IBR, see Sec.  
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 Sec.  171.7 of this subchapter).
* * * * *

0
47. In Sec.  178.275, revise paragraph (i)(2)(i)(A) to read as follows:


Sec.  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:
[GRAPHIC] [TIFF OMITTED] TR26JY22.153

Where:

Q = minimum required rate of discharge in cubic meters of air per 
second (\m\\3\/<INF>s</INF>) at conditions: 1 bar and 0 [deg]C (273 
[deg]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<SUP>-2</SUP>K<SUP>-1</SUP>, at 38 [deg]C (100 [deg]F); and t = 
actual temperature of the hazardous material during filling (in 
[deg]C) or when this temperature is unknown, let t = 15 [deg]C (59 
[deg]F). The value of F given in this

[[Page 45000]]

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 ([deg]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.
* * * * *

0
48. In Sec.  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:


Sec.  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.
* * * * *

0
49. In Sec.  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:


Sec.  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.
* * * * *

0
50. In Sec.  178.609, revise paragraph (g) to read as follows:


Sec.  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.
* * * * *

0
51. In Sec.  178.703, revise paragraphs (b)(6) introductory text and 
(b)(7)(iv) to read as follows:


Sec.  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).

0
52. In Sec.  178.705, revise paragraphs (c)(1)(iv) introductory text 
and (c)(1)(iv)(A) to read as follows:


Sec.  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 x 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 x Ao = 10,000 x 
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

0
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.


0
54. In Sec.  180.207, revise paragraph (d)(3) and add paragraph (d)(7) 
to read as follows:


Sec.  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 Sec.  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 Sec.  171.7 of this subchapter).


[[Page 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


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