53982 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Proposed Rules 

relocation activities, as provided in this 

subpart. Agencies that spend $5 million 

per year or less are also welcome to 

participate. 

§ 302–1.103 What data collection 

processes will GSA employ for employee 

relocation? 

(a) GSA collects transaction-level 

data, which is stored in a data 

warehouse and made available for 

analysis to appropriate officials. 

(b) In addition, reporting agencies 

must submit annual summary reports to 

GSA, signed by a senior executive as 

specified in FTR 302–1.108. 

§ 302–1.104 What data must we provide to 

the GSA relocation data warehouse? 

GSA works with the affected agencies 

to develop the data elements and report 

format for this information, and 

publishes the specific requirements in a 

series of FTR bulletins. These bulletins 

provide the data dictionary and details 

on the reporting processes (i.e., annual 

and transactional). FTR bulletins are 

available through http://www.gsa.gov/ 

ftrbulletins. 

§ 302–1.105 When must we collect the data 

for the GSA relocation data warehouse? 

The affected agencies must collect the 

data elements listed in the data 

dictionary from every relocation 

transaction that includes one or more of 

the required data elements. This 

includes all travel authorizations for 

relocation, plus allowances, 

reimbursements, and direct payments to 

vendors. 

§ 302–1.106 When must we send the data 

to the GSA relocation data warehouse? 

The affected agencies must send the 

specified data to the GSA warehouse at 

least quarterly. There is no maximum 

frequency; agencies may send data to 

the warehouse daily if they choose to do 

so. 

§ 302–1.107 What data must we send to 

GSA in our annual report? 

GSA specifies the data elements, 

format, and due date for the current 

annual report in an FTR bulletin. FTR 

bulletins are available through http:// 

www.gsa.gov/ftrbulletins. 

§ 302–1.108 Who must sign the annual 

report? 

The annual report must be signed by 

a senior executive who has the authority 

to ensure that the data provided to the 

data warehouse and in the annual report 

are accurate, complete, and reliable. 

§ 302–1.109 May an agency report at the 

bureau level? 

Yes, an agency may send multiple 

reports from different bureaus or 

components, so long as the sum of all 

those reports represents all relocation 

activity in the agency. 

[FR Doc. E9–25334 Filed 10–20–09; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 172, 173, 174, 175, 

176, 177, 178, 179, 180 

[Docket Nos. PHMSA–2009–0126 (HM– 

215K)] 

[RIN 2137–AE45] 

Hazardous Materials: Harmonization 

With the United Nations 

Recommendations on the Transport of 

Dangerous Goods Model Regulations, 

International Maritime Dangerous 

Goods Code, International Civil 

Aviation Organization Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air, and 

Transport Canada’s Transport of 

Dangerous Goods Regulations 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Advanced notice of proposed 

rulemaking (ANPRM). 

SUMMARY: PHMSA is considering 

amending the Hazardous Materials 

Regulations (HMR) by incorporating 

various amendments to international 

standards and modal regulations, 

including changes to proper shipping 

names, hazard classes, packing groups, 

special provisions, and packaging 

authorizations. These amendments may 

be necessary to harmonize the HMR 

with revised editions of the United 

Nations Recommendations on the 

Transport of Dangerous Goods Model 

Regulations and Manual of Tests and 

Criteria, the International Maritime 

Organization’s Dangerous Goods Code, 

the International Civil Aviation 

Organization’s Technical Instructions 

for the Safe Transport of Dangerous 

Goods by Air and Transport Canada’s 

Transport of Dangerous Goods 

Regulations. In this notice, we are 

soliciting public comment regarding the 

safety consequences, regulatory burden, 

and cost implications of some of the 

more significant amendments adopted 

or under consideration for adoption in 

these international standards. 

DATES: Comments must be received by 

January 19, 2010. 

ADDRESSES: 

Comments: You may submit 

comments identified by the docket 

number PHMSA–2009–0126 by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice at the beginning 

of the comment. Note that all comments 

received will be posted without change 

to the Federal eRulemaking Portal, 

including any personal information 

provided. 

Privacy Act: Anyone is able to search 

the electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78), which 

may also be found at 

http://www.dot.gov. 

Docket: For access to the dockets to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or DOT’s Docket 

Operations Office (see ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: 

Michael Stevens, Office of Hazardous 

Materials Standards, telephone (202) 

366–8553, or Shane Kelley, 

International Standards, telephone (202) 

366–0656, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., 2nd Floor, 

Washington, DC 20590–0001. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. International Standards and Modal 

Regulations for Review 

A. Sixteenth Revised Edition of the United 

Nations Recommendations on the 

Transport of Dangerous Goods Model 

Regulations (UN Model Regulations) 

1. Noteworthy Amendments 

2. Additional Amendments 


pwalker on DSK8KYBLC1PROD with PROPOSALS
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Proposed Rules 53983 

B. Fourth Revised Edition of the United 

Nations Recommendations on the 

Transport of Dangerous Goods, Manual 

of Tests and Criteria (UN Manual of 

Tests and Criteria) 

C. 2011–2012 Edition of the International 

Civil Aviation Organization’s Technical 

Instructions for the Safe Transport of 

Dangerous Goods (ICAO Technical 

Instructions) 

D. 2010 Edition (Amendment 35–10) of the 

International Maritime Dangerous Goods 

Code (IMDG Code) 

E. Amendments 6 and 7 to Transport 

Canada’s Transport of Dangerous Goods 

Regulations (TDG Regulations) 

F. Amendments to the International 

Standards and Modal Regulations Under 

Consideration in Separate Dockets 

III. Request for Comments 

IV. Regulatory Analyses and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

B. Executive Order 13132 

C. Executive Order 13175 

D. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Policies and 

Procedures 

E. Paperwork Reduction Act 

F. Environmental Assessment 

G. Privacy Act 

H. International Trade Analysis 

I. Statutory/Legal Authority for the 

Rulemaking 

J. Regulatory Identifier Number (RIN) 

I. Background 

On December 21, 1990, the Research 

and Special Programs Administration 

(RSPA), the predecessor agency to the 

Pipeline and Hazardous Materials Safety 

Administration (PHMSA) published a 

final rule (Docket HM–181; 55 FR 

52402) based on the UN Model 

Regulations to comprehensively revise 

the Hazardous Materials Regulations 

(HMR), 49 CFR parts 171 to 180, for 

harmonization with the international 

standards. Since publication of the 1990 

final rule, we have issued seven 

additional international harmonization 

final rules, (Dockets HM–215A, 59 FR 

67390; HM–215B, 62 FR 24690; HM– 

215C, 64 FR 10742; HM–215D, 66 FR 

33316; HM–215E, 68 FR 44992; HM– 

215G, 69 FR 76044; and HM–215J, 74 

FR 2199). The rulemakings provided 

additional harmonization with 

international transportation 

requirements by aligning the HMR with 

corresponding updates of the United 

Nations Recommendations on the 

Transport of Dangerous Goods Model 

Regulations, United Nations 

Recommendations on the Transport of 

Dangerous Goods, Manual of Tests and 

Criteria, International Civil Aviation 

Organization’s Technical Instructions 

for the Safe Transport of Dangerous 

Goods, International Maritime 

Dangerous Goods Code, and Transport 

Canada’s Transport of Dangerous Goods 

Regulations. 

The UN Model Regulations are not 

regulations, but rather are recommended 

standards issued by the UN SubCommittee of Experts on the Transport 

of Dangerous Goods (UN SubCommittee of Experts). These 

recommendations are amended and 

updated biennially and serve as the 

basis for many national, regional and 

international modal regulations. 

The Federal hazardous materials 

transportation law (Federal hazmat law; 

49 U.S.C. 5101, et seq.) requires PHMSA 

to align the HMR with international 

transport standards and requirements to 

the extent practicable (see section 5120). 

Harmonization of domestic and 

international standards becomes 

increasingly important as the volume of 

hazardous materials transported in 

international commerce grows and the 

cost of conducting international 

commerce increases. Harmonization 

facilitates international trade by 

minimizing the costs and other burdens 

of complying with multiple or 

inconsistent safety requirements for 

transportation of hazardous materials to 

and from the United States. By 

facilitating compliance with 

international standards, harmonization 

also tends to enhance safety for 

international movements, but only if the 

international standards themselves 

provide an appropriate level of safety. 

To that end, PHMSA actively 

participates in the development of 

international standards for the 

transportation of hazardous materials, 

frequently advocating the adoption in 

international standards of particular 

HMR requirements. When considering 

the adoption of international standards 

and regulations under the HMR, we 

review and consider each amendment 

on its own merit, including an 

assessment of its overall impact on 

transportation safety and the economic 

implications associated with its 

adoption into the HMR. Our goal is to 

harmonize without diminishing the 

level of safety currently provided by the 

HMR and without imposing undue 

burdens on the regulated public. 

In this notice, we are soliciting 

comments on amendments made to or 

proposed for the international standards 

and modal regulations to aid in our 

review and consideration of whether the 

changes should be adopted into the 

HMR. We encourage interested parties 

to review the changes made to these 

international standards and modal 

regulations through the links to 

resources that we provide below. 

II. International Standards and Modal 

Regulations for Review 

This notice solicits comments 

regarding the sixteenth revised edition 

of the UN Model Regulations, the fourth 

revised edition of the UN Manual of 

Tests and Criteria, the 2011–2012 

edition of the ICAO Technical 

Instructions, the 2010 edition of the 

IMDG Code (Incorporating Amendment 

35–10), and Amendments 6 and 7 of the 

TDG Regulations. We are particularly 

interested in data and information 

demonstrating possible transportation 

safety impacts, which will help us to 

evaluate whether to propose adoption of 

any of the international revisions into 

the HMR. We are also seeking data and 

information on potential compliance 

costs that would result from adoption 

into the HMR of the international 

revisions. 

A. Sixteenth Revised Edition of the 

United Nations Recommendations on 

the Transport of Dangerous Goods 

Model Regulations (UN Model 

Regulations) 

Recently, the UN Sub-Committee of 

Experts issued amendments to be 

incorporated in the upcoming sixteenth 

revised edition of the UN Model 

Regulations. The amendments range 

from routine editorial corrections to 

significant changes to standards for 

classification criteria, hazard 

communication and authorized 

packaging. We are in the process of 

reviewing these amendments and will 

be considering the amendments for 

adoption in the HMR. 

1. Noteworthy Amendments 

We believe a number of the 

amendments to the UN Model 

Regulations may be of particular interest 

to the regulated community. We are 

highlighting these amendments to give 

interested parties an opportunity to 

provide comment and feedback on the 

transportation safety impacts, economic 

implications, and compliance burdens 

of these amendments. Information 

provided in response to this notice will 

help us determine whether to propose 

adoption of these amendments into the 

HMR. Below is a listing of important 

amendments to the UN Model 

Regulations we believe needs public 

input, with a brief explanation of each 

amendment. 

• Classification of Sour Crude Oil: At 

the 33rd Session of the UN SubCommittee of Experts in July 2008, the 

expert from Canada noted that the 

transportation of sour crude oil may 

pose additional risks due to its inherent 

characteristic of ‘‘off-gassing’’ hydrogen 


pwalker on DSK8KYBLC1PROD with PROPOSALS
53984 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Proposed Rules 

sulfide, a highly toxic and flammable 

gas. Sour crude oil, as opposed to 

‘‘sweet’’ crude oil, contains a high 

concentration of sulfur and is 

commonly found in North America. Offgassing is the evolution of vapors from 

a liquid substance that is created due to 

temperature, packaging confinement, 

transport conditions (e.g., sloshing), 

bacteria and sulfur concentration, 

among many other potential factors. As 

a result, the UN Model Regulations were 

amended by assigning a new 

identification number and shipping 

description for sour crude oil with a 

flammable primary hazard and a toxic 

subsidiary hazard. Additionally, a new 

special provision which specifies the 

Packing Group (PG) assignment was 

created for this entry based on the 

degree of danger presented by either the 

flammability or inhalation toxicity 

hazard of the sour crude oil. For 

example, sour crude oil meeting 

flammability criteria for Class 3, PG II, 

and toxicity criteria for Division 6.1, PG 

I, poisonous-by-inhalation, would be 

classified as a Class 3, PG I material. We 

invite commenters to provide data and 

information concerning the impact on 

domestic shippers and carriers if these 

requirements are adopted in the HMR. 

We also are interested in comments 

addressing which hazard 

communication methods (e.g., package 

markings, shipping papers) and/or 

packaging requirements are most costeffective to reduce the hazards of 

transporting sour crude oil. The working 

documents (ST/SG/AC.10/C.3/2008/12 

and ST/SG/AC10/C.3/2008/96) for this 

issue can be found at http:// 

www.unece.org/trans/main/dgdb/ 

dgsubc/c32008.html; and an informal 

document discussing this issue (UN/ 

SCETDG/34/INF.62) can be found at 

http://www.unece.org/trans/main/dgdb/ 

dgsubc/c3inf34.html. 

• Classification of Explosives: For 

several Division 1.4 explosive articles 

(UN0323, UN0366, UN0441, UN0445, 

UN0455, UN0456, UN0460, and 

UN0500), the UN Model Regulations 

have been amended to require a Type 

6(d) test to determine whether an article 

may be assigned to Compatibility Group 

S. The test is performed on a single 

package containing an explosive 

substance or explosive article to 

determine if the package is capable of 

containing any explosive effects in the 

event of an accidental initiation or 

ignition of its contents. The 

amendments include revisions to the 

explosives testing standards in the UN 

Manual of Tests and Criteria (see below) 

and include a new special provision 

that would allow the use of the abovementioned hazardous materials table 

entries only if the results of test Type 

6(d) successfully demonstrate that any 

explosive effects are confined within a 

package. The initial working document 

(ST/SG/AC.10/C.3/2007/29) considered 

by the UN Sub-Committee of Experts 

relative to this amendment can be found 

at http://www.unece.org/trans/main/ 

dgdb/dgsubc/c32007.html. This 

proposal was ultimately adopted with a 

number of modifications, including 

limiting the applicability to the 

aforementioned identification numbers. 

We invite commenters to provide data 

and information concerning the possible 

safety impacts of the new test provisions 

and compliance costs that would be 

incurred if the new test is adopted in the 

HMR. In addition, we invite 

commenters to provide suggestions or 

recommendations concerning whether 

to apply the test to already approved 

explosives. It should also be noted that 

an addendum has been added to the 

2009–2010 ICAO Technical Instructions 

applicable to these eight explosive 

articles that requires successful 

demonstration of the Type 6(d) Test for 

transport aboard passenger aircraft after 

January 1, 2010 and allows explosives 

not yet subjected to the new test method 

to be transported aboard cargo aircraft 

until January 1, 2011. Addendum 3 to 

the 2009–2010 ICAO Technical 

Instructions can be found at http:// 

www.icao.int/anb/FLS/ 

DangerousGoods/, and the working 

paper (no. 66) presented to the ICAO 

Dangerous Goods Panel on the 

implementation of such policy can be 

found at http://www.icao.int/anb/FLS/ 

DangerousGoods/DGP/WorkingGroups/ 

WG09/WPs/. 

• IBC Rebottling: Under the UN 

Model Regulations and the HMR, the 

replacement of the rigid plastic 

receptacle of a composite IBC is 

considered a ‘‘repair’’ under certain 

conditions and, thus, not subject to 

design qualification testing as a new or 

different design. The UN SubCommittee of Experts issued an 

amendment to the UN Model 

Regulations that specifies a replacement 

bottle must be of the original tested 

design type but limits the replacement 

to a bottle from the original 

manufacturer. We invite comments on 

this amendment to the UN Model 

Regulations and how, if adopted in the 

HMR, it would impact the use of IBCs 

in domestic or international commerce. 

The working document (ST/SG/AC.10/ 

C.3/2008/28) for this issue can be found 

at http://www.unece.org/trans/main/ 

dgdb/dgsubc/c32008.html; an informal 

document discussing this issue (UN/ 

SCETDG/32/INF.33) can be found at 

http://www.unece.org/trans/main/dgdb/ 

dgsubc/c3inf32.html, while additional 

informal documents regarding this issue 

(UN/SCETDG/33/INF.4, 31, 60, 61 and 

73) can be found at http:// 

www.unece.org/trans/main/dgdb/ 

dgsubc/c3inf33.html. 

• Limited Quantities and Consumer 

Commodities: The HMR have longrecognized the relatively low risk posed 

by the transportation of certain 

hazardous materials as limited 

quantities or consumer commodities. 

Considerable efforts have recently been 

made internationally to harmonize 

multi-modal standards with regard to 

the transport of limited quantities, 

including consumer commodities. We 

held public meetings on this issue in 

February 2006 and March 2008 to 

discuss potential impacts on domestic 

stakeholders. Additionally, this issue 

was discussed during our pre-UN public 

meetings held in 2006 and 2007. There 

was considerable domestic interest in 

pursuing further harmonization 

internationally due to the potential for 

substantial savings in transportation 

costs and improved transportation 

efficiency. In this notice, we invite 

comments on this issue with regard to 

aligning the HMR with the UN Model 

Regulations for the domestic and 

international transport of limited 

quantities and consumer commodities. 

Of particular concern are any potential 

negative impacts on the domestic 

transportation of consumer commodities 

reclassed as ORM–D materials. While 

some changes adopted in the UN Model 

Regulations were similar to those 

currently in the HMR related to limited 

quantities and consumer commodities 

(e.g., inner packaging limits and nonspecification outer packagings allowed), 

some changes were not (e.g., marking, 

labeling, package gross mass). 

Depending on comments received and 

our own evaluation, we may determine 

that the significance of any amendments 

on this issue will warrant a separate 

rulemaking action. The working 

document (ST/SG/AC.10/C.3/2008/17) 

for this issue can be found at http:// 

www.unece.org/trans/main/dgdb/ 

dgsubc/c32008.html; informal 

documents discussing this issue (UN/ 

SCETDG/33/INF.9, 14 and 75) can be 

found at http://www.unece.org/trans/ 

main/dgdb/dgsubc/c3inf33.html. 

• Metal Hydride Storage Systems in 

Conveyances: A metal hydride storage 

system is a single complete hydrogen 

storage system that includes a 

receptacle, metal hydride, a pressure 

relief device, a shut-off valve, service 

equipment and internal components. 

The HMR currently do not prescribe 


pwalker on DSK8KYBLC1PROD with PROPOSALS
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Proposed Rules 53985 

specific packaging or shipping methods 

for metal hydride storage systems 

containing hydrogen. However, PHMSA 

has issued a number of special permits 

to allow the use of these systems for 

transport. The UN Model Regulations, 

in new Packing Instruction P205, 

prescribe standards for the construction, 

qualification, marking and 

requalification of such systems. We 

invite comments on whether similar 

standards should be adopted in the 

HMR. The working documents (ST/SG/ 

AC10/C.3/2008/72, 73 and 74) for this 

issue can be found at http:// 

www.unece.org/trans/main/dgdb/ 

dgsubc/c32008.html. 

• In Vitro Testing for Corrosivity: In 

1992, RSPA began recognizing an 

alternative test method used to 

determine the corrosivity of a hazardous 

material for transportation purposes 

under the terms and conditions 

specified in DOT–SP 10904. The UN 

Sub-Committee of Experts issued 

amendments to the UN Model 

Regulations adopting similar in vitro 

test methods prescribed in OECD 

Guidelines for the Testing of Chemicals 

No. 430, In Vitro Skin Corrosion: 

Transcutaneous Electrical Resistance 

Test (TER) (2004); No. 431, In Vitro Skin 

Corrosion: Human Skin Model Test 

(2004); and, No. 435, In Vitro Membrane 

Barrier Test Method for Skin Corrosion 

(2006). Because methods 430 and 431 

can be used to determine corrosivity for 

other than transportation purposes, they 

cannot be used to determine the Packing 

Group assignment of a material that 

tests positive for corrosivity for the 

purposes of hazardous materials 

transportation. A negative result for 

corrosivity under methods 430 and 431 

can, however, preclude further testing to 

determine Packing Group assignment 

using method 404, the current OECD 

Guideline involving in vivo testing or, 

method 435, the newly adopted OECD 

Guideline involving in vitro testing. The 

working document (ST/SG/AC.10/C.3/ 

2007/50) for this issue can be found at 

http://www.unece.org/trans/main/dgdb/ 

dgsubc/c32007.html; the informal 

document (UN/SCETDG/32/INF.49) on 

this issue can be found at http:// 

www.unece.org/trans/main/dgdb/ 

dgsubc/c3inf32.html. 

2. Additional Amendments 

A number of other amendments may 

be considered based on the changes 

adopted in the sixteenth revised edition 

of the UN Model Regulations. A 

complete record of amendments 

included in the sixteenth revised 

edition of the UN Model Regulations is 

contained in the report document ST/ 

SG/AC.10/36/Add.1 and may be 

obtained and reviewed at http:// 

www.unece.org/trans/main/dgdb/ 

dgcomm/ac10rep.html. Supporting 

documents for the amendments can be 

obtained and reviewed at http:// 

www.unece.org/trans/main/dgdb/ 

dgsubc/c32009.html. 

B. Fourth Revised Edition of the United 

Nations Recommendations on the 

Transport of Dangerous Goods, Manual 

of Tests and Criteria (UN Manual of 

Tests and Criteria) 

The UN Sub-Committee of Experts 

issued several amendments to the UN 

Manual of Tests and Criteria. One of the 

amendments is discussed in detail in 

section II.A.1. As a result, we are 

soliciting comments on the potential 

impact of requiring an additional test for 

certain Division 1.4 explosive materials 

when determining eligibility for 

inclusion in Compatibility Group S. A 

record of all the amendments to the 

fourth revised edition of the UN Manual 

of Tests and Criteria is contained in the 

report document ST/SG/AC.10/36/ 

Add.2 and may be obtained and 

reviewed at http://www.unece.org/trans/ 

main/dgdb/dgcomm/ac10rep.html. 

Working documents and information 

documents submitted to the UN 

Subcommittee of Experts for 

consideration as amendments are 

available at: http://www.unece.org/ 

trans/main/dgdb/dgsubc/c32009.html. 

C. 2011–2012 Edition of the 

International Civil Aviation 

Organization’s Technical Instructions 

for the Safe Transport of Dangerous 

Goods (ICAO Technical Instructions) 

The ICAO Dangerous Goods Panel 

(ICAO DGP) has proposed a number of 

amendments to the 2011–2012 edition 

of the ICAO Technical Instructions and 

will be finalized in November 2009. 

When available, these amendments will 

be posted on the ICAO DGP Web site at 

http://www.icao.int/anb/FLS/ 

DangerousGoods/dgp/. We will consider 

these amendments for adoption in the 

HMR under either this rulemaking or 

under docket HM–231A, discussed in 

section II.E. A record of the proposed 

amendments to the Packing Instructions 

of the 2011–2012 edition of the ICAO 

Technical Instructions may be reviewed 

at http://www.icao.int/anb/FLS/ 

DangerousGoods/PackingInstructions/. 

D. 2010 Edition (Amendment 35–10) of 

the International Maritime Dangerous 

Goods Code (IMDG Code) 

Upon review of the Maritime Safety 

Committee’s amendments to the IMDG 

Code, we will consider these 

amendments for adoption in the HMR. 

When available, information regarding 

future IMDG Code amendments will be 

posted on our website at http:// 

www.phmsa.dot.gov/hazmat/regs/ 

international. 

E. Amendments 6 and 7 to Transport 

Canada’s Transport of Dangerous Goods 

Regulations (TDG Regulations) 

We are considering updating § 171.7, 

Matter Incorporated by Reference, to 

include Amendment 6 (SOR/2008–34) 

and Amendment 7 (SOR/2007–179) to 

the TDG Regulations and are soliciting 

public comment on authorizing their 

use under the HMR. The revised TDG 

Regulations, including Amendments 6 

and 7, can be found and reviewed at 

http://www.tc.gc.ca/tdg/clear/tofc.htm. 

F. Amendments to the International 

Standards and Modal Regulations 

Under Consideration in Separate 

Dockets 

The following is a partial listing of 

those international harmonization 

issues that we will not be considering 

for adoption under this docket and a 

brief explanation of why the issues will 

be considered in separate rulemakings: 

• Requirements for Lithium Batteries: 

At this time, we are not considering any 

amendments made to provisions for the 

carriage of lithium batteries in the UN 

Model Regulations for adoption in the 

HMR under this docket. Instead, we 

have initiated a separate rulemaking to 

consider a broad range of measures to 

enhance the safe transportation of 

lithium batteries by all modes (Docket 

No. PHMSA–2009–0095 (HM–224F)). 

• Amendments to Air Transportation 

Packaging Requirements: At this time, 

we are not considering any amendments 

made to provisions for packaging of 

hazardous materials for transportation 

by aircraft made to the upcoming 2011– 

2012 ICAO Technical Instructions for 

adoption in the HMR under this docket. 

We are considering adoption of the 

amendments to packaging provisions for 

air transport in a separate rulemaking 

project under Docket No. PHMSA– 

2007–29364 (HM–231A). All documents 

submitted to the docket thus far can be 

found and reviewed at http:// 

www.regulations.gov/. 

• Requirements for Electronic Data: 

As part of a separate rulemaking project, 

PHMSA’s Office of Hazardous Materials 

Safety in collaboration with DOT modal 

administrations, emergency response 

organizations and industry 

representatives, is exploring prospects 

for the electronic transfer of information 

in order to provide better, faster, and 

more accurate communication of hazard 

information. Under the current paperbased system, emergency response 

efforts can be delayed due to a lack of 


pwalker on DSK8KYBLC1PROD with PROPOSALS
53986 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Proposed Rules 

timely and accurate information and 

poor communication between 

transportation partners. We are working 

to determine regulatory guidelines for 

the use of electronic communication as 

a complement, and potentially as an 

alternative, to hard copies of shipping 

papers. Under a PHMSA initiative titled 

HM–ACCESS (Hazardous Materials — 

Automated Cargo Communication for 

Efficient and Safe Shipments), we have 

developed a roadmap that will guide 

our efforts to promote the adoption of 

paperless systems both domestically 

and internationally. Additionally, we 

are working within the UN SubCommittee of Experts to develop a 

baseline of current documentation 

requirements and consider potential 

international regulatory amendments 

that will facilitate the use of electronic 

documentation within the 

transportation system. Additional 

information on the HM–ACCESS 

initiative and its roadmap can be found 

in the docket for this rulemaking notice 

at www.regulations.gov. 

• Requirements for Radioactive 

Materials: At this time, we are not 

considering any amendments made to 

provisions for Class 7 (radioactive) 

materials in the UN Model Regulations 

for adoption in the HMR under this 

docket. The HMR provisions for the 

carriage of Class 7 (radioactive) 

materials are normally based on changes 

contained in the International Atomic 

Energy Agency (IAEA) publication, 

‘‘IAEA Safety Standards Series: 

Regulations for the Safe Transport of 

Radioactive Materials.’’ Due to their 

complexity, we have initiated a separate 

rulemaking to address changes to 

provisions for the transportation of 

radioactive materials (Docket No. 

PHMSA–2009–0063 (HM–250)). 

III. Request for Comments 

Interested parties are urged to 

carefully consider the implications of 

adopting or not adopting amendments 

to the international standards and 

modal regulations into the HMR. We 

urge you to consider the effects on 

transportation safety, transportation 

costs, and compliance burdens. In 

addition to the specific questions 

regarding areas of concern discussed 

above, we invite interested parties to 

submit data and information on any 

other amendments with regard to the 

following questions: 

1. What safety concerns, if any, are 

associated with the adoption or nonadoption of amendments made to the 

international standards and modal 

regulations into the HMR? 

2. What significant costs would be 

associated with the adoption or nonadoption of amendments made to the 

international standards and modal 

regulations into the HMR? 

3. What other compliance burdens 

may be associated with the adoption or 

non-adoption of amendments made to 

the international standards and modal 

regulations into the HMR? 

IV. Regulatory Analyses and Notices 

PHMSA will base any future proposal 

for changes on the suggestions and 

comments provided by interested 

parties and our own initiatives. 

Additionally, any proposals would 

include the analyses required under the 

following statutes and executive orders 

in the event we determine that 

rulemaking is appropriate: 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

Executive Order (E.O.) 12866 requires 

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

determination that the benefits of the 

intended regulation justify its costs,’’ 

and to develop regulations that ‘‘impose 

the least burden on society.’’ We 

therefore request comments, including 

specific data if possible, concerning the 

costs and benefits that may be 

associated with revisions to the HMR 

based on the international 

harmonization issues presented in this 

notice. A rule that is considered 

significant under E.O. 12866 must be 

reviewed and cleared by the Office of 

Management and Budget before it can be 

issued. 

B. Executive Order 13132 

E.O. 13132 requires agencies to assure 

meaningful and timely input by state 

and local officials in the development of 

regulatory policies that may have a 

substantial, direct effect 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. We invite state 

and local governments with an interest 

in this rulemaking to comment on any 

effect that revisions to the HMR relative 

to international harmonization may 

cause. 

C. Executive Order 13175 

E.O. 13175 requires agencies to assure 

meaningful and timely input from 

Indian tribal government representatives 

in the development of rules that 

‘‘significantly or uniquely affect’’ Indian 

communities and that impose 

‘‘substantial and direct compliance 

costs’’ on such communities. We invite 

Indian tribal governments to provide 

comments if they believe there will be 

an impact. 

D. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Policies and 

Procedures 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 601 et seq.), we must 

consider whether a proposed rule would 

have a significant economic impact on 

a substantial number of small entities. 

‘‘Small entities’’ include 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. If you 

believe that revisions to the HMR 

relative to international harmonization 

would have a significant economic 

impact on small entities, please provide 

information on such impacts. 

Any future proposed rule would be 

developed in accordance with Executive 

Order 13272 (‘‘Proper Consideration of 

Small Entities in Agency Rulemaking’’) 

and DOT’s procedures and policies to 

promote compliance with the 

Regulatory Flexibility Act to ensure that 

potential impacts on small entities of a 

regulatory action are properly 

considered. 

E. Paperwork Reduction Act 

Section 1320.8(d), Title 5, Code of 

Federal Regulations requires that 

PHMSA provide interested members of 

the public and affected agencies an 

opportunity to comment on information 

collection and recordkeeping requests. It 

is possible that new or revised 

information collection requirements 

could occur as a result of any future 

rulemaking action. 

F. Environmental Assessment 

The National Environmental Policy 

Act, 42 U.S.C. 4321–4375, requires that 

federal agencies analyze proposed 

actions to determine whether the action 

will have a significant impact on the 

human environment. The Counsel on 

Environmental Quality (CEQ) 

regulations order federal agencies to 

conduct an environmental review 

considering (1) the need for the 

proposed action, (2) alternatives to the 

proposed action, (3) probable 

environmental impacts of the proposed 

action and alternatives, and (4) the 

agencies and persons consulted during 

the consideration process. 40 CFR 

1508.9(b). PHMSA welcomes any data 

or information related to environmental 

impacts that may result from a future 

harmonization rulemaking. 


pwalker on DSK8KYBLC1PROD with PROPOSALS
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Proposed Rules 53987 

G. Privacy Act 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or you may visit http:// 

www.dot.gov/privacy.html. 

H. International Trade Analysis 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing any standards or 

engaging in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. For 

purposes of these requirements, Federal 

agencies may participate in the 

establishment of international 

standards, 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 in order to 

protect the safety of the American 

public, and we would assess the effects 

of any rule to ensure that it does not 

exclude imports that meet this objective. 

Accordingly, any proposals would be 

consistent with PHMSA’s obligations 

under the Trade Agreement Act, as 

amended. 

I. Statutory/Legal Authority for This 

Rulemaking 

1. 49 U.S.C. 5103(b) authorizes the 

Secretary of Transportation to prescribe 

regulations for the safe transportation, 

including security, of hazardous 

materials in intrastate, interstate, and 

foreign commerce. Harmonization 

serves to facilitate international 

transportation; at the same time, 

harmonization promotes the safety of 

people, property, and the environment 

by reducing the potential for confusion 

and misunderstanding that could result 

if shippers and transporters were 

required to comply with two or more 

conflicting sets of regulatory 

requirements. While the intent of this 

rulemaking is to consider aligning the 

HMR with international standards, we 

review and consider each amendment 

on its own merit based on its overall 

impact on transportation safety and the 

economic implications associated with 

its adoption into the HMR. Our goal is 

to harmonize without sacrificing the 

current HMR level of safety and without 

imposing undue burdens on the 

regulated public. Thus, as explained in 

the corresponding sections above, we 

may not propose harmonization with 

certain specific provisions of the UN 

Recommendations, the IMDG Code, and 

the ICAO TI. Moreover, when proposing 

amendments to the HMR, consideration 

is given to providing exceptions for 

domestic transportation that minimizes 

compliance burden on the regulated 

community. 

2. 49 U.S.C. 5120(b) authorizes the 

Secretary of Transportation to ensure 

that, to the extent practicable, 

regulations governing the transportation 

of hazardous materials in commerce are 

consistent with standards adopted by 

international authorities. This notice 

considers potential amendments to the 

HMR that would maintain alignment 

with international standards by 

incorporating various amendments. The 

continually increasing amount of 

hazardous materials transported in 

international commerce warrants the 

harmonization of domestic and 

international requirements to the 

greatest extent. The majority of 

amendments in any harmonization rule 

should result in cost savings and ease 

the regulatory compliance burden for 

shippers engaged in domestic and 

international commerce, including 

trans-border shipments within North 

America. 

J. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN contained in the heading 

of this document can be used to crossreference this action with the Unified 

Agenda. 

Issued in Washington, DC on October 15, 

2009 under authority delegated in 49 CFR 

part 106. 

Magdy El-Sibaie, 

Acting Associate Administrator for 

Hazardous Materials Safety. 

[FR Doc. E9–25358 Filed 10–20–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 572 

[Docket No. NHTSA–09–0166] 

RIN 2127–AK34 

Anthropomorphic Test Devices; Hybrid 

III 6-Year-Old Child Test Dummy 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: Today’s NPRM proposes two 

changes to the agency’s specifications 

for the Hybrid III six-year-old child 

dummy. In Part 1 of this NPRM, to 

improve the durability of the dummy’s 

femurs, we propose changes to the 

design of and material used for the 

femur assembly. In Part 2, the drawing 

for the abdomen insert would be 

corrected so that the abdominal insert 

dimensions on the drawing reflect the 

actual part. Part 2 of this rulemaking 

commenced in response to a petition for 

rulemaking submitted by Denton ATD 

(Denton) and First Technology Safety 

Systems (FTSS). This document 

declines the petitioners’ suggestion to 

investigate tolerances for vinyl and 

rubber components of the dummy and 

to specify the expected time frame each 

part would meet the tolerances. 

DATES: You should submit your 

comments early enough to ensure that 

they are received not later than 

December 21, 2009. 

ADDRESSES: You may submit comments 

(identified by the Docket ID Number 

above) by any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Public Participation heading of 

the Supplementary Information section 

of this document. Note that all 

comments received will be posted 


pwalker on DSK8KYBLC1PROD with PROPOSALS