2018-24620. Hazardous Materials: Harmonization With International Standards

AGENCY:

Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT).

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations. Additionally, PHMSA proposes several amendments to the HMR that would allow for increased alignment with the Transport Canada, Transportation of Dangerous Goods (TDG) Regulations.

DATES:

Comments must be received by January 28, 2019.

ADDRESSES:

You may submit comments by any of the following methods:

Federal Rulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Management System; U.S. Department of Transportation, Docket Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Instructions: Include the agency name and docket number PHMSA-2017-0108 (HM-215O)] or RIN 2137-AF32 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to http://www.regulations.gov including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard.

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.regulations.gov.

Docket: You may view the public docket through the internet at http://www.regulations.gov or in person at the Docket Operations office at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT:

Steven Webb, International Program or Aaron Wiener, International Program, telephone (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:

I. Executive Summary

II. Background

III. Incorporation by Reference Discussion Under 1 CFR part 51

IV. Harmonization Proposals in This NPRM

V. Amendments Not Being Considered for Adoption in This NPRM

VI. Section-by-Section Review

VII. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures

C. Executive Order 13771

D. Executive Order 13132

E. Executive Order 13175

F. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies and Procedures

G. Paperwork Reduction Act

H. Regulation Identifier Number (RIN)

I. Unfunded Mandates Reform Act of 1995

J. Environment Assessment

K. Privacy Act

L. Executive Order 13609 and International Trade Analysis

M. National Technology Transfer and Advancement Act

List of Subjects

I. Executive Summary

The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) to maintain alignment with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. This rulemaking project is part of our ongoing biennial process to harmonize the HMR with international regulations and standards.

In this NPRM, PHMSA proposes to amend the HMR to maintain alignment with various international standards. The following are some of the more noteworthy proposals set forth in this NPRM:

Incorporation by Reference: PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials (hazmat) standards, including: The 2019-2020 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions); Amendment 39-18 to the International Maritime Dangerous Goods Code (IMDG Code); the 20th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations); Amendment 1 to the 6th Revised Edition of the UN Manual of Tests and Criteria; and the 7th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Additionally, we propose to update our incorporation by reference of the Transport Canada TDG Regulations to include: SOR/2016-95 published June 1, 2016; SOR/2017-137 published July 12, 2017; and SOR/2017-253 published December 13, 2017. Finally, in this NPRM, PHMSA proposes the adoption of updated International Organization for Standardization (ISO) standards.
Hazardous Materials Table: PHMSA proposes amendments to the Hazardous Materials Table (HMT; § 172.101) consistent with recent changes in the Dangerous Goods List of the 20th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. Specifically, we propose amendments to the HMT to add, revise, or remove certain proper shipping names, hazard Start Printed Page 60971classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits.
Articles containing dangerous goods: PHMSA proposes to add a classification system for articles containing hazardous materials that do not already have a proper shipping name. This proposal would address situations in which hazardous materials or hazardous materials residues are present in articles, and authorize a safe method to transport articles that may be too large to fit into typical packages. Absent these provisions to package and transport these materials safely, these articles may be offered for transport under provisions that do not adequately account for the physical and chemical properties of the substances and may require the issuance of an approval by PHMSA's Associate Administrator for Hazardous Materials Safety.
Lithium Battery Test Summary: PHMSA proposes the inclusion of a lithium battery test summary requirement. The HMR require lithium battery manufacturers to subject their batteries to appropriate UN design tests to ensure they are classified correctly for transport, and develop records of successful test completion. The proposed test summary would include a standardized set of elements that provide traceability and accountability, thereby ensuring that lithium cell and battery designs offered for transport meet the appropriate UN tests.
Baggage Equipped with Lithium Batteries: PHMSA proposes to amend the aircraft passenger provisions for carriage of baggage equipped with lithium batteries intended to power features such as location tracking, battery charging, digital weighing, or motors (sometimes referred to as “smart luggage”). Specifically, baggage equipped with a lithium battery or batteries would be required to be carried in the cabin of the aircraft unless the battery or batteries are removed.
Segregation of Lithium Batteries from Specific Hazardous Materials: PHMSA proposes requirements to segregate lithium cells and batteries from certain other hazardous materials, notably flammable liquids, when offered for transport or transported on aircraft. PHMSA is taking this action to promote consistency with the ICAO Technical Instructions and a recommendation (A-16-001) from the National Transportation Safety Board (NTSB) stemming from the investigation of the July 28, 2011, in-flight fire and crash of Asiana Airlines Flight 991 incident that resulted in the loss of the aircraft and crew. The investigation report cited as a contributing factor the flammable materials and lithium ion batteries that were loaded together either in the same or adjacent pallets.
Alternative criteria for classification of corrosive materials: PHMSA proposes to include non-testing alternatives for classifying corrosive mixtures that uses existing data on their chemical properties. Currently the HMR require offerors to classify Class 8 corrosive material and assign a packing group based on test data. The HMR authorize a skin corrosion test and various in vitro test methods that do not involve animal testing. However, data obtained from testing is currently the only data acceptable for classification and assigning a packing group. These alternatives would afford offerors the ability to make a classification and packing group assignment without the need to conduct physical tests.
Provisions for Polymerizing Substances: PHMSA is proposing to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019 to January 2, 2021. This additional time will allow PHMSA to finalize research and analyze comments and data concerning the issue submitted to the docket for this NPRM. This information will allow us to have a more comprehensive understanding of polymerizing substances and further consider the most appropriate transport provisions for these materials.

If adopted in a final rule, the amendments proposed in this NPRM will result in minimal burdens on the regulated community. The benefits achieved from their adoption include enhanced transportation safety resulting from the consistency of domestic and international hazard communication and continued access to foreign markets by U.S. manufacturers of hazardous materials. PHMSA anticipates that most of the amendments in this NPRM will result in cost savings and will ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America.

PHMSA solicits comment from the regulated community on these amendments and others proposed in this NPRM pertaining to: Need, benefits, and costs of international harmonization; impact on safety; and any other relevant concerns. In addition, PHMSA solicits comment regarding approaches to reducing the costs of this rule while maintaining or increasing the benefits. In its preliminary analysis, PHMSA concluded that the aggregate benefits of the amendments proposed in this NPRM justify their aggregate costs. Nonetheless, PHMSA solicits comment on specific changes (i.e., greater flexibility with regard to a particular amendment) that might improve the rule.

II. Background

Federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials law (49 U.S.C. 5101 et seq.) directs PHMSA to participate in relevant international standard-setting bodies and requires alignment of the HMR with international transport standards to the extent practicable. Although Federal hazmat law permits PHMSA to depart from international standards to promote safety or other overriding public interest, it otherwise encourages domestic and international harmonization (see 49 U.S.C. 5120).

In a final rule published December 21, 1990 (Docket HM-181; 55 FR 52402), PHMSA's predecessor—the Research and Special Programs Administration (RSPA)—comprehensively revised the HMR for international harmonization with the UN Model Regulations. The UN Model Regulations constitute a set of recommendations issued by the United Nations Sub-Committee of Experts (UNSCOE) on the Transport of Dangerous Goods and the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The UN Model Regulations are amended and updated biennially by the UNSCOE and serve as the basis for national, regional, and international modal regulations, including the IMDG Code and the ICAO Technical Instructions.

Since publication of the 1990 rule, PHMSA has issued 12 subsequent international harmonization rulemakings.^[1] These rulemakings were based on biennial updates of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions.

Harmonization becomes increasingly important as the volume of hazardous materials transported in international commerce grows. Harmonization not only facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for Start Printed Page 60972transportation of hazardous materials, but it also enhances safety when the international standards provide an appropriate level of protection. PHMSA actively participates in the development of international standards for the transportation of hazardous materials and promotes the adoption of standards consistent with the HMR. When considering alignment of the HMR with international standards, PHMSA reviews and evaluates each amendment on its own merit, its overall impact on transportation safety, and the economic implications associated with its adoption. Our 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.

Based on recent review and evaluation, PHMSA proposes to revise the HMR to incorporate changes from the 20th Revised Edition of the UN Model Regulations, Amendment 39-18 to the IMDG Code,^[2] and the 2019-2020 Edition of the ICAO Technical Instructions, all of which become effective January 1, 2019.

In addition, PHMSA proposes to incorporate by reference the newest editions of various international standards. The standards incorporated by reference are authorized for use, under specific circumstances, in part 171 subpart C of the HMR. This proposed rule is necessary to incorporate revisions to the international standards and, if adopted in the HMR, will be effective January 1, 2019.

PHMSA published a final rule under Docket HM-215N [82 FR 15796 (March 30, 2017)] that, among other things, added four new Division 4.1 entries for polymerizing substances to the HMT, and added into the HMR defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls. In this prior rulemaking, PHMSA indicated that these changes would be in effect until January 2, 2019. During the interim time period between publication of the final rule and January 2, 2019, PHMSA indicated it would review and research the implications of the polymerizing substance amendments, and readdress the issue in the next international harmonization rulemaking.

On January 19, 2017, a Broad Agency Announcement (BAA) ^[3] was issued soliciting white papers from those interested in undertaking research into the appropriate temperature controls for polymerizing substances across all package sizes and the impact of gas generation from a polymerizing reaction. Submissions were received and reviewed by a team of experts to verify, in accordance with the terms of the BAA, the technical appropriateness of the proposed work, and the past performance of the submitter. Recommendations were submitted to the PHMSA Research and Development staff on February 14th, 2018. The Research and Development staff is undertaking the necessary next steps to initiate the research. By way of this rulemaking, PHMSA also solicits comments and data from shippers and classifiers of polymerizing substances concerning their experiences operating under the transport provisions applied to polymerizing substances in the HM-215N final rule. Specifically, PHMSA seeks information regarding:

Whether affected entities have experienced difficulties resulting from differing domestic and international requirements for polymerizing substances (e.g., differing temperature thresholds before temperature control is required in portable tanks and requirements for successfully passing Test Series E prior to offering for transport in a portable tank or IBC);
The experiences of the regulated community in utilizing Test Series E with polymerizing substances; and
Whether there are alternative tests that can indicate appropriate responses when potentially polymerizing substances are heated under confinement.

As this research project is presently in the pre-award phase prescribed in the BAA and will not be completed prior to the expected publication date of a final rule for this NPRM, PHMSA is proposing to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019 to January 2, 2021. This additional time should allow PHMSA to complete its ongoing research project and analyze all comments and data concerning the issue submitted to the docket for this NPRM. This information will increase our comprehension of polymerizing substances and further consider the most appropriate transport provisions for these materials. This new sunset date is proposed in amendments to §§ 172.101, 172.102, 173.21, and 173.124.

III. Incorporation by Reference Discussion Under 1 CFR Part 51

The UN Model Regulations, Manual of Tests and Criteria, and Globally Harmonized System of Classification and Labelling of Chemicals, as well as all of the Transport Canada Clear Language Amendments, 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 references are available for interested parties to purchase in either print or electronic versions through the parent organization websites. The price charged for those 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 the following analysis.

IV. Harmonization Proposals in This NPRM

In addition to various other revisions to the HMR, PHMSA proposes the following amendments to harmonize the HMR with the most recent revisions to the UN Model Regulations, ICAO Technical Instructions, and IMDG Code, as well as several amendments to further align with the Transport Canada TDG Regulations:

Incorporation by Reference: PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials standards, including the 2019-2020 Edition of the ICAO Technical Instructions; Amendment 39-18 to the IMDG Code; the 20th Revised Edition of the UN Model Regulations; amendment 1 to the 6th Revised Edition of the UN Manual of Tests and Criteria; and the 7th Revised Edition of the GHS. Additionally, we propose to update our incorporation by reference of the Transport Canada TDG Regulations to include SOR/2016-95 published June 1, 2016; SOR/2017-137 published July 12, 2017; and SOR/2017-253 published December 13, 2017. Finally, in this NPRM, PHMSA proposes the adoption of updated ISO standards.
Hazardous Materials Table: PHMSA proposes amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, vessel stowage and segregation requirements, and Start Printed Page 60973passenger and cargo aircraft maximum quantity limits.
Articles containing dangerous goods: PHMSA proposes to add a classification scheme for articles containing hazardous materials that do not already have a proper shipping name. This proposal would address situations in which hazardous materials or hazardous materials residues are present in articles. This proposal would authorize a safe method to transport articles that may be too large to fit into typical packages. Absent these provisions to package and transport these materials safely, these articles may be offered for transport under provisions that do not adequately account for the physical and chemical properties of the substances and may require the issuance of an approval by PHMSA's Associate Administrator for Hazardous Materials Safety.
Lithium Battery Test Summary: PHMSA proposes the inclusion of a lithium battery test summary requirement. The HMR require lithium battery manufacturers to subject their batteries to appropriate UN design tests to ensure they are classified correctly for transport, and develop records of successful test completion. The proposed test summary would include a standardized set of elements that provide traceability and accountability, thereby ensuring that lithium cell and battery designs offered for transport meet the appropriate UN tests.
Baggage Equipped with Lithium Batteries: PHMSA proposes to amend the aircraft passenger provisions for carriage of baggage equipped with lithium batteries intended to power features such as location tracking, battery charging, digital weighing, or motors (sometimes referred to as “smart luggage”). Specifically, baggage equipped with a lithium battery or batteries would be required to be carried in the cabin of the aircraft unless the battery or batteries are removed.
Segregation of Lithium Batteries from Specific Hazardous Materials: PHMSA proposes requirements to segregate lithium cells and batteries from certain other hazardous materials, notably flammable liquids, when offered for transport or transported on aircraft. PHMSA is taking this action to promote consistency with the ICAO Technical Instructions and a recommendation (A-16-001) from the National Transportation Safety Board (NTSB) stemming from the investigation of the July 28, 2011, in-flight fire and crash of Asiana Airlines Flight 991 that resulted in the loss of the aircraft and crew. The investigation report cited as a contributing factor the flammable materials and lithium ion batteries that were loaded together either in the same or adjacent pallets.
Alternative criteria for classification of corrosive materials: PHMSA proposes to include non-testing alternatives for classifying corrosive mixtures that instead uses existing data on the chemical properties. Currently the HMR require offerors to classify Class 8 corrosive material and assign a packing group based on test data. The HMR authorize a skin corrosion test and various in vitro test methods that do not involve animal testing. However, data obtained from testing is currently the only data acceptable for classification and assigning a packing group. These alternatives would afford offerors the ability to make a classification and packing group assignment without the need to conduct physical tests.

V. Amendments Not Being Considered for Adoption in This NPRM

PHMSA's goal in this rulemaking is to harmonize the HMR with international requirements. We are not striving to make the HMR identical to the international regulations, but rather to remove or avoid potential barriers to international transportation.

PHMSA proposes changes to the HMR based on amendments adopted in the 20th Revised Edition of the UN Model Regulations, the 2019-2020 Edition of the ICAO Technical Instructions, and Amendment 39-18 to the IMDG Code. It is not, however, proposing to adopt all of the amendments made to the various international standards into the HMR.

In many cases, amendments to the international recommendations and regulations are not adopted into the HMR because the framework or structure of the HMR makes adoption unnecessary. In other cases, we have addressed, or will address, the amendments in separate rulemaking proceedings.

The following is a list of significant amendments to the international standards that PHMSA is not currently proposing:

Fuel gas containment systems: The 20th Revised Edition to the UN Model Regulations added a special provision to allow for the transportation of fuel gas containment systems containing certain gases transported for disposal, recycling, repair, inspection, maintenance, or from where they are manufactured to a vehicle assembly plant. PHMSA does not believe the vehicle specification pressure vessels that are incorporated and authorized by the UN Model Regulations apply to domestic transportation as most fuel gas containment standards addressed are more appropriate for European road and rail regulations. PHMSA invites comment on this amendment in the UN Model Regulations and whether it would benefit industry to include a similar amendment in the HMR.
Severely damaged and defective lithium batteries: The 20th Revised Edition of the UN Model Regulations adopted transportation provisions for damaged and defective cells and batteries of UN Nos. 3090, 3091, 3480 and 3481 liable to rapidly disassemble, dangerously react, or produce a flame, a dangerous evolution of heat, or a dangerous emission of toxic, corrosive, or flammable gases or vapors under normal conditions of transport. In this NPRM, PHMSA is not proposing to adopt changes to the domestic requirements for the treatment of these lithium batteries, as it believes existing packaging and hazard communication requirements in § 173.185(f) sufficiently address consignments of this nature.
Road gas elements vehicles: Amendment 39-18 of the IMDG Code adopted provisions for road gas elements vehicles. These vehicles contain elements (e.g. cylinders, tubes, bundles of cylinders, pressure drums, or tanks) intended for the carriage of gases with a capacity of more than 450 L permanently fitted to a vehicle and fitted with necessary service equipment. PHMSA believes the HMR provisions authorizing the transportation of Multi-Element Gas Containers (MEGCs) and tube trailers adequately address the transportation of gases in a similar manner.
Competency-based training: PHMSA is seeking public comments on a Competency Based Training approach in this NPRM. The 2017-2018 ICAO Technical Instructions included proposed revisions to their training provisions in Attachment 4,⁴ noting that these provisions would replace the current Part 1; Chapter 4 in the 2019-2020 edition. The provisions presented at the ICAO DGP, and included in the 2017-2018 ICAO Technical Instructions, on utilizing a competency based training approach for dangerous goods have yet to be finalized and adopted. We welcome discussions on improving the quality of employee training and assessment within the scope of the existing training regime. The training provisions as they are currently stated in the HMR are not prescriptive and permit a wide latitude in implementation. Thus, employers can tailor employee training program in a manner that best addresses the job functions performed. Through this flexibility employers can utilize various training methods, including the Start Printed Page 60974Competency Based Training approach. To aid the public in developing comments, three documents from ICAO DGP and UNSCOE containing information pertaining to Competency Based Training have been provided in the public docket for this rulemaking.

Any comments received may be utilized to better inform PHMSA's work in various international forums. Below are some thought starters for consideration for your comments:

If you currently follow a Competency Based Training approach to meet the requirements in Part 172, Subpart H:

○ Do you have suggestions or lessons learned that you would like to share?

○ What information or tools did/do you consider most helpful in implementing a Competency Based Training approach?

○ Have you reviewed the ICAO guidance provided in the Docket? If so, did you find the guidance helpful?

If you do not follow a Competency Based Training approach to meet the requirements in Part 172, Subpart H:

○ Have you reviewed the ICAO guidance provided in the Docket? If so, did you find the guidance helpful?

○ Are you aware of any barriers to implementing a Competency Based Training approach?

VI. Section-by-Section Review

The following is a section-by-section review of the amendments proposed in this NPRM:

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 “National Technology Transfer and Advancement Act of 1996.” 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. Agency adoption of industry standards promotes productivity and efficiency in government and industry, expands opportunities for international trade, conserves resources, improves health and safety, and protects the environment.

PHMSA actively participates in the development and updating of consensus standards through representation on more than 20 consensus standard bodies and regularly reviews updated consensus standards to consider their merit for inclusion in the HMR. 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. It determined that the revised standards provide an enhanced level of safety without imposing significant compliance burdens. These standards have well-established and documented safety histories, and their adoption will maintain the high safety standard currently achieved under the HMR. Therefore, in this NPRM, PHMSA proposes to add and revise the following incorporation by reference materials:

Paragraph (s)(2) would be added, to incorporate the International Atomic Energy Agency Code of Conduct on the Safety and Security of Radioactive Sources. Section 172.800 references the incorporation by reference of this document; however, this entry does not currently appear in § 171.7. The proposed addition of this paragraph would correct this oversight. The incorporation of this document in § 172.800 provides a list of Category 1 and 2 radioactive sources for which offerors or carriers require a security plan.
Paragraph (t)(1), which incorporates the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), 2015-2016 Edition, would be revised to incorporate the 2019-2020 Edition. These instructions contain the detailed instructions for the international transport of hazardous materials by air.
Paragraph (v)(2), which incorporates the International Maritime Organization International Maritime Dangerous Goods Code (IMDG Code), Incorporating Amendment 38-16 (English Edition), would be revised to incorporate the 39-18 (English Edition), 2018 Edition. This code contains the detailed instructions for the international transport of hazardous materials by vessel.
Paragraph (w), which incorporates various International Organization for Standardization entries, would be revised to incorporate by reference standards for the specification, design, construction, testing, and use of gas cylinders:

—ISO 11118(E), Gas cylinders—Non-refillable metallic gas cylinders—Specification and test methods would be replaced by ISO 11118:2015(E), Gas cylinders—Non-refillable metallic gas cylinders—Specification and test methods in paragraph (w)(53). The purpose of this standard is to provide a specification for the design, manufacture, inspection, and testing of non-refillable metallic gas cylinders for worldwide safe use, handling, and transport.

—ISO 11120(E), Gas cylinders—Refillable seamless steel tubes of water capacity between 150 L and 3000 L—Design, construction and testing, First edition, March 1999 would be replaced by ISO 11120:2015(E), Gas cylinders—Refillable seamless steel tubes of water capacity between 150 L and 3,000 L—Design, construction and testing in paragraph (w)(62). This standard provides a specification for the design, manufacture, inspection and testing of tubes at the time of manufacture for worldwide usage.

—ISO/TR 11364:2012(E), Gas cylinders—Compilation of national and international valve system/gas cylinder neck threads and their identification and marking system would be added in paragraph (w)(77). The purpose of this standard is to list all known cylinder/valve threads currently used and also threads used in the past and to specify a harmonized identification code and marking system for both cylinders and valves.

—ISO 11623(E), Transportable gas cylinders—Periodic inspection and testing of composite gas cylinders, First edition, March 2002 would be replaced by ISO 11623:2015(E), Transportable gas cylinders—Periodic inspection and testing of composite gas cylinders in paragraph (w)(66). This standard specifies the requirements for periodic inspection and testing and to verify the integrity for further service of hoop-wrapped and fully-wrapped composite transportable gas cylinders, with aluminum-alloy, steel or non-metallic liners or of linerless construction (Types 2, 3, 4, and 5), intended for compressed, liquefied or dissolved gases under pressure, of water capacity from .5 L up to 450 L.

—ISO 14246:2014(E), Gas cylinders—Cylinder valves—Manufacturing tests and examination would be added in paragraph (w)(69). This standard covers the function of a cylinder valve as a closure (defined by the UN Model Regulations).

—ISO 16148:2016(E), Gas cylinders—Refillable seamless steel gas cylinders and tubes—Acoustic emission examination (AT) and follow-up ultrasonic examination (UT) for Start Printed Page 60975periodic inspection and testing in paragraph (w)(71). This International Standard describes two methods of AT, defined as Method A and Method B, and a method of follow-up UT. These non-destructive examination techniques are an alternative to conventional testing procedures for cylinders and tubes.

—ISO 17871:2015(E) Gas cylinders—Quick-release cylinder valves—Specification and type testing in paragraph would be added to (w)(72). This standard covers the function of a quick-release cylinder valve as a closure (defined by the UN Model Regulations).

—ISO 21172-1:2015(E), Gas cylinders—Welded steel pressure drums up to 3,000 litres capacity for the transport of gases—Design and construction—Part 1: Capacities up to 1,000 litres would be added in paragraph (w)(75). is to provide a specification for the design, manufacture, inspection, and approval of welded steel gas pressure drums.

—ISO 22434:2006(E), Transportable gas cylinders—Inspection and maintenance of cylinder valves would be added in paragraph (w)(76). This International Standard specifies the requirements for the inspection and maintenance of cylinder valves, including valves with integrated pressure regulators.

Paragraphs (aa)(1)-(4), which updates 4 existing Organization for Economic Cooperation and Development (OECD) guidelines concerning corrosivity testing (Nos. 404, 430, 431, & 435). The references to these standards would be updated to the 2015 versions of the standards.
Paragraph (bb)(1), which incorporates the Transport Canada Transportation of Dangerous Goods Regulations, would add subparagraphs (xx), (xxi), and (xxii), to include SOR/2016-95 published June 1, 2016; SOR/2017-137 published July 12, 2017; and SOR/2017-253 published December 13, 2017, respectively. These proposed additions are to incorporate changes to the Transport Canada Transportation of Dangerous Goods Regulations.
Paragraph (bb)(2) would be added to incorporate by reference Containers for Transport of Dangerous Goods by Rail, a Transport Canada standard that was published in 2013. The standard applies to the design, manufacture, maintenance and qualification of tank cars and ton containers and the selection and use of large containers or transport units used in the handling, offering for transport, or transporting of dangerous goods by rail.
Paragraph (dd)(1), which incorporates the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations, 19th Revised Edition (2015), Volumes I and II, would be revised to incorporate the 20th Revised Edition (2017), Volumes I and II. This standard presents a basic scheme of provisions that allow uniform development of national and international regulations governing the various modes of transport.
Paragraph (dd)(2)(ii) would be added to incorporate the United Nations Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, 6th Revised Edition, Amendment 1. This standard contains criteria, test methods, and procedures to be used for the classification of hazardous materials according to the UN Model Regulations.
Paragraph (dd)(3), which incorporates the United Nations Recommendations on the Transport of Dangerous Goods, Globally Harmonized System of Classification and Labelling of Chemicals Sixth revised edition (2015), would be revised to incorporate the United Nations Recommendations on the Transport of Dangerous Goods, Globally Harmonized System of Classification and Labelling of Chemicals (GHS), 7th Revised Edition (2017). This standard helps identify the intrinsic hazards found in substances and mixtures and to convey hazard information about these hazards.

Section 171.8

Section 171.8 defines terms generally used throughout the HMR that have broad or multi-modal applicability. In this NPRM, PHMSA is proposing to amend the definition of “UN pressure receptacle” to include pressure drums. Additionally, PHMSA proposes to add a definition for “UN Pressure drum” to mean a welded transportable pressure receptacle of a water capacity exceeding 150 L and not more than 1,000 L (e.g., cylindrical receptacles equipped with rolling hoops, spheres on skids). These amendments provide defining terms related to pressure drums for which ISO 21172-1:2015(E) Gas cylinders— Welded steel pressure drums up to 3,000 litres capacity for the transport of gases—Design and construction—Part 1: Capacities up to 1,000 litres is proposed for incorporation in § 178.71.

Section 171.12

Section 171.12 prescribes requirements for the use of the Transport Canada TDG Regulations. In a March 30, 2017, final rule [HM-215N; 82 FR 15795], PHMSA amended the HMR to expand recognition of cylinders and pressure receptacles, cargo tank repair facilities, and certificates of equivalency in accordance with the TDG Regulations. The goal of these amendments is to promote flexibility and permit the use of advanced technology for the requalification and use of pressure receptacles; doing so will provide for a broader selection of authorized pressure receptacles, reduce the need for special permits, and to facilitate cross-border transportation of these cylinders. In this NPRM, PHMSA proposes to clarify the recognition of certificates of equivalency issued by Transport Canada. Transport Canada issues equivalency certificates as both a competent authority approval and for an alternative means of compliance with TDG Regulations. PHMSA provides reciprocity for equivalency certificates that are issued by Transport Canada as an alternative to the TDG Regulations; PHMSA does not provide recognition to Canada's competent authority approvals. In this NPRM, PHMSA is proposing to amend paragraph (a)(1) to clarify the extent of reciprocity regarding certificates of equivalency.

Additionally, PHMSA is proposing to amend paragraph (a)(3)(v) to update the standard incorporated by reference to which Canadian rail cars must conform. The existing reference to the Canadian General Standards Board standard 43.147 is replaced with Containers for Transport of Dangerous Goods by Rail (2013).

Part 172

Section 172.101

Section 172.101 contains the HMT and provides instructions for its use. In this NPRM, PHMSA is proposing to revise the instructional text that precedes the HMT for paragraph (e) of this section.

Paragraph (e) of § 172.101 provides instructions for the use of column (4) of the HMT. Column (4) lists the identification number assigned to each proper shipping name. Most identification numbers are preceded by the letters “UN” and are associated with proper shipping names, which may be used for both domestic and international transportation. Some proper shipping names are assigned “NA” or “North American” numbers. As it currently stands, the HMR states that NA numbers are afforded recognition in both the United States and Canada. Furthermore, under § 171.12, the HMR treats transporting hazardous materials to Canada in the same way as domestic transportation. This is problematic, however, because specific dangerous goods are classified Start Printed Page 60976differently in the two countries. The Transport Canada Transportation of Dangerous Goods Regulations limit the use of NA numbers on transport documents to materials classified as “Consumer commodity,” and do not allow for documentation of other NA numbers. Therefore, in this NPRM, PHMSA is proposing to revise paragraph (e) to indicate that NA numbers are only recognized for use in the United States.

Hazardous Materials Table (HMT)

In this NPRM, PHMSA is proposing to amend the HMT. Readers should review all changes for a complete understanding of the amendments. For purposes of the Government Printing Office's typesetting procedures, proposed changes to the HMT appear under three sections of the Table, “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.” Proposed amendments to the HMT include the following:

New HMT Entries

UN3537 Articles containing flammable gas, n.o.s.
UN3538 Articles containing non-flammable, non-toxic gas, n.o.s.
UN3539 Articles containing toxic gas, n.o.s.
UN3540 Articles containing flammable liquid, n.o.s.
UN3541 Articles containing flammable solid, n.o.s.
UN3542 Articles containing a substance liable to spontaneous combustion, n.o.s.
UN3543 Articles containing a substance which emits flammable gas in contact with water, n.o.s.
UN3544 Articles containing oxidizing substance, n.o.s.
UN3545 Articles containing organic peroxide, n.o.s.
UN3546 Articles containing toxic substance, n.o.s.
UN3547 Articles containing corrosive substance, n.o.s.
UN3548 Articles containing miscellaneous dangerous goods, n.o.s.

PHMSA proposes to add a classification scheme for articles containing hazardous materials not otherwise specified by name in the HMR that contain hazardous materials of various hazard classes and divisions. This proposal addresses transportation scenarios where various hazardous materials or hazardous materials residues are present in articles above the quantities currently authorized for dangerous goods in machinery or apparatus. This proposal authorizes safe and secure methods to transport articles that may be too large to fit into typical packagings. Absent provisions to package and transport these materials safely, such articles may be offered for transport under provisions that do not adequately account for the physical and chemical properties of the substances or mode of transport and may require the issuance of an approval by the Associate Administrator for Hazardous Materials Safety.

UN3535 Toxic solid, flammable, inorganic, n.o.s.

Consistent with the 20th Revised Edition of the UN Model Regulations, this new generic entry addresses toxic solids with a flammable subsidiary risk in Packing Groups I and II.

UN3536 Lithium batteries installed in cargo transport unit lithium ion batteries or lithium metal batteries

This new HMT entry addresses lithium metal and lithium ion batteries installed in a cargo transport unit and designed only to provide power external to the cargo transport unit. The lithium batteries must meet the requirements of § 173.185 and contain the necessary systems to prevent overcharge and over discharge between the batteries. Such units are forbidden for transport on aircraft.

Amendments to 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. For the entry “2-Dimethylaminoethyl acrylate,” the word “stabilized” is added to the end, as the substance has been determined to polymerize in certain conditions.

Amendments to Column (5) Packing Group

The HMT entries for articles “UN3316, Chemical kit” and “UN3316, First aid kit” are revised to remove packing group II and III assignments. This revision would revert the entries to a single row with the packing group column left blank as they existed prior to adding the packing group II and III assignments in a final rule published on January 8, 2015 [Docket No. PHMSA-2013-0260 (HM-215M); 80 FR 1075]. This revision would address situations where materials in the kits are not assigned to a packing group or have packing group I assigned, as permitted by § 173.161.

Amendments to Column (7) Special Provisions

Section 172.101(h) describes column (7) of the HMT, which contains special provisions for each entry in the table. Section 172.102(c) prescribes the special provisions assigned to specific entries in the HMT. The particular modifications to the entries in the HMT are discussed below. See “Section 172.102 special provisions” below for a detailed discussion of the proposed additions, revisions, and deletions to the special provisions addressed in this NPRM.

Special provision 325. PHMSA proposes to add special provision 325 to the following HMT entries:

UN2912 Radioactive material, low specific activity (LSA-I) non fissile or fissile-excepted

UN2913 Radioactive material, surface contaminated objects (SCO-I or SCO-II), non-fissile or fissile excepted

UN2915 Radioactive material, Type A package non-special form, non fissile or fissile-excepted

UN2916 Radioactive material, Type B(U) package non fissile or fissile-excepted

UN2917 Radioactive material, Type B(M) package non fissile or fissile-excepted

UN2919 Radioactive material, transported under special arrangement, non fissile or fissile excepted

UN3321 Radioactive material, low specific activity (LSA-II) non fissile or fissile-excepted

UN3322 Radioactive material, low specific activity (LSA-III) non fissile or fissile excepted

Special provision 347. PHMSA proposes to add special provision 347 to the following HMT entries:

UN0349 Articles, explosives, n.o.s.

UN0367 Fuzes, detonating

UN0384 Components, explosive train, n.o.s.

UN0481 Substances, explosive, n.o.s.

Special provision 368. Special provision 368 is added to the following HMT entry:

UN2908 Radioactive material, excepted package-empty packaging

Special provision 369. Special provision 369 is revised for clarity and is applicable to the following HMT entry:

UN3507 Uranium hexafluoride, radioactive material, excepted package, less than 0.1 kg per package, non-fissile or fissile-excepted

Special provision 383. Special provision 383 is removed from the following PG II HMT entries:

UN1133 Adhesives, containing a flammable liquid Start Printed Page 60977

UN1263 Paint related material including paint thinning, drying, removing, or reducing compound

UN1263 Paint including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler and liquid lacquer base

UN1210 Printing ink, flammable or Printing ink related material (including printing ink thinning or reducing compound), flammable

UN1866 Resin Solution, flammable

Special provision 387. PHMSA proposes revising special provision 387 to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019, to January 2, 2021.
Special provision 388. PHMSA proposes to add new special provision 388 to the following HMT entries:

UN3090 Lithium metal batteries including lithium alloy batteries

UN3091 Lithium metal batteries contained in equipment including lithium alloy batteries

UN3480 Lithium ion batteries including lithium ion polymer batteries

UN3481 Lithium ion batteries packed with equipment including lithium ion polymer batteries

Special provision 389. PHMSA proposes to add new special provision 389 to the following new HMT entry:

UN3536 Lithium batteries installed in cargo transport unit lithium ion batteries or lithium metal batteries

Special provision 391. PHMSA proposes to add new special provision 391 to the following new HMT entries:

UN3537 Articles containing flammable gas, n.o.s.

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

UN3539 Articles containing toxic gas, n.o.s.

UN3540 Articles containing flammable liquid, n.o.s.

UN3541 Articles containing flammable solid, n.o.s.

UN3542 Articles containing a substance liable to spontaneous combustion, n.o.s.

UN3543 Articles containing a substance which emits flammable gas in contact with water, n.o.s.

UN3544 Articles containing oxidizing substance, n.o.s.

UN3545 Articles containing organic peroxide, n.o.s.

UN3546 Articles containing toxic substance, n.o.s.

UN3547 Articles containing corrosive substance, n.o.s.

UN3548 Articles containing miscellaneous dangerous goods, n.o.s.

Special provision 421. PHMSA proposes revising special provision 421 to extend the sunset dates for provisions concerning the transportation of polymerizing substances from January 2, 2019 to January 2, 2021.
Special provision A56. Special provision A56 is revised for clarity.
Special provision A105. PHMSA proposes to revise special provision A105 assigned to the following HMT entry:

UN3363 Dangerous goods in machinery or Dangerous goods in apparatus

Special provision B136. PHMSA proposes to add new special provision B136 to the following HMT entries:

UN1363 Copra

UN1386 Seed cake, containing vegetable oil solvent extractions and expelled seeds, with not more than 10 percent of oil and when the amount of moisture is higher than 11 percent, with not more than 20 percent of oil and moisture combined

UN1398 Aluminum silicon powder, uncoated

UN1435 Zinc ashes

UN2071 Ammonium nitrate based fertilizer

UN2216 Fish meal, stabilized or Fish scrap, stabilized

UN2217 Seed cake with not more than 1.5 percent oil and not more than 11 percent moisture

UN2793 Ferrous metal borings or Ferrous metal shavings or Ferrous metal turnings or Ferrous metal cuttings in a form liable to self-heating

Portable tank special provisions. PHMSA proposes to revise portable tank special provision TP10 assigned to the following HMT entries:

UN1744 Bromine or Bromine solutions

Special provisions W31 and W32. Special provision W32 is removed from the following PG I HMT entries (unless otherwise noted in table 1) and replaced with Special provision W31:

Table 1
Proper shipping name	UN No.
Calcium phosphide	UN1360
Aluminum phosphide	UN1397
Calcium carbide	UN1402
Calcium hydride	UN1404
Cesium or Caesium	UN1407
Metal hydrides, water reactive, n.o.s	UN1409
Lithium aluminum hydride	UN1410
Lithium borohydride	UN1413
Lithium hydride	UN1414
Lithium	UN1415
Magnesium, powder or Magnesium alloys, powder	UN1418
Magnesium aluminum phosphide	UN1419
Rubidium	UN1423
Sodium borohydride	UN1426
Sodium hydride	UN1427
Sodium	UN1428
Sodium phosphide	UN1432
Stannic phosphide	UN1433
Zinc phosphide	UN1714
Potassium borohydride	UN1870
Magnesium hydride	UN2010
Magnesium phosphide	UN2011
Potassium phosphide	UN2012
Strontium phosphide	UN2013
Potassium	UN2257
Aluminum hydride	UN2463
Lithium nitride	UN2806
Water-reactive solid, n.o.s	UN2813 (PG I)
Metallic substance, water-reactive, n.o.s	UN3208
Metallic substance, water-reactive, self-heating, n.o.s	UN3209
Alkali metal amalgam, solid	UN3401
Alkaline earth metal amalgams, solid	UN3402
Potassium, metal alloys, solid	UN3403
Potassium sodium alloys, solid	UN3404

Special provision W40. Special provision W40 is removed from the following HMT entries:

UN1398 Aluminum silicon powder, uncoated

UN1403 Calcium cyanamide with more than 0.1 percent of calcium carbide

Amendments to Column (10) Vessel Stowage Requirements

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. The meaning of each code in column (10B) is set forth in § 176.84.

Recent revisions to the stowage categories for Class 1 goods greatly simplified the stowage categories, but increased the difficulty in shipping explosives as break bulk cargo. Some shippers have found it difficult to meet the new stowage categories, particularly stowage category 04, which requires shipment on deck in a closed cargo transport unit or under deck in a closed cargo transport unit. Many of the items contained in these shipments are large and robust articles and are difficult to pack in a closed cargo transport unit. This has resulted in unnecessary delays and added expense.

The following table addresses this issue through modification of the stowage categories for individual UN numbers for which under deck stowage Start Printed Page 60978was previously permitted prior to Amendment 36-12 of the IMDG Code. Table 2 contains the proposed changes listed in numerical order by UN identification number and additionally lists the proper shipping name, the current column (10A) entry, and the proposed column (10A) entry.

Table 2
Proper shipping name	UN No.	Current code column (10a)	Proposed code column (10a)
Cartridges for weapons, with bursting charge	0005	05	03
Cartridges for weapons, with bursting charge	0006	04	03
Cartridges for weapons, with bursting charge	0007	05	03
Bombs, with bursting charge	0033	05	03
Bombs, with bursting charge	0034	04	03
Bombs, with bursting charge	0035	04	03
Bombs, photo-flash	0037	05	03
Bombs, photo-flash	0038	04	03
Boosters, without detonator	0042	04	03
Bursters, explosive	0043	04	03
Charges, demolition	0048	04	03
Charges, depth	0056	04	03
Charges, shaped, without detonator	0059	04	03
Charges, supplementary explosive	0060	04	03
Cord, detonating, flexible	0065	04	03
Fracturing devices, explosive, without detonators for oil wells	0099	04	03
Cord, detonating or Fuze, detonating metal clad	0102	04	03
Jet perforating guns, charged oil well without detonator	0124	04	03
Mines with bursting charge	0136	05	03
Mines with bursting charge	0137	04	03
Mines with bursting charge	0138	04	03
Projectiles, with bursting charge	0167	05	03
Projectiles, with bursting charge	0168	04	03
Projectiles, with bursting charge	0169	04	03
Rockets, with bursting charge	0180	05	03
Rockets, with bursting charge	0181	04	03
Rockets, with bursting charge	0182	04	03
Rockets, with inert head	0183	04	03
Rocket motors	0186	04	03
Sounding devices, explosive	0204	05	03
Warheads, torpedo with bursting charge	0221	04	03
Charges, propelling, for cannon	0242	04	03
Charges, propelling	0271	04	03
Charges, propelling	0272	04	03
Cartridges, power device	0275	04	03
Cartridges, oil well	0277	04	03
Charges, propelling, for cannon	0279	04	03
Rocket motors	0280	04	03
Boosters, without detonator	0283	04	03
Grenades, hand or rifle, with bursting charge	0284	04	03
Grenades, hand or rifle, with bursting charge	0285	04	03
Warheads, rocket with bursting charge	0286	04	03
Warheads, rocket with bursting charge	0287	04	03
Cord, detonating or Fuze, detonating metal clad	0290	04	03
Bombs, with bursting charge	0291	05	03
Grenades, hand or rifle, with bursting charge	0292	05	03
Grenades, hand or rifle, with bursting charge	0293	05	03
Mines with bursting charge	0294	05	03
Rockets, with bursting charge	0295	05	03
Sounding devices, explosive	0296	05	03
Cartridges for weapons, with bursting charge	0321	04	03
Projectiles, with bursting charge	0324	05	03
Cartridges for weapons, blank	0326	04	03
Cartridges for weapons, blank or Cartridges, small arms, blank	0327	04	03
Cartridges for weapons, inert projectile	0328	04	03
Torpedoes with bursting charge	0329	04	03
Torpedoes with bursting charge	0330	05	03
Projectiles, with burster or expelling charge	0346	04	03
Cartridges for weapons, with bursting charge	0348	05	03
Warheads, rocket with bursting charge	0369	05	03
Warheads, rocket with burster or expelling charge	0371	05	03
Sounding devices, explosive	0374	04	03
Sounding devices, explosive	0375	04	03
Cartridges, power device	0381	04	03
Fuzes, detonating, with protective features	0408	04	03
Fuzes, detonating, with protective features	0409	04	03
Start Printed Page 60979
Cartridges for weapons, blank	0413	04	03
Charges, propelling, for cannon	0414	04	03
Charges, propelling	0415	04	03
Cartridges for weapons, inert projectile or Cartridges, small arms	0417	04	03
Projectiles, with burster or expelling charge	0426	05	03
Projectiles, with burster or expelling charge	0427	05	03
Rockets, with expelling charge	0436	04	03
Rockets, with expelling charge	0437	04	03
Charges, shaped , without detonator	0439	04	03
Charges, explosive, commercial without detonator	0442	04	03
Charges, explosive, commercial without detonator	0443	04	03
Cases, combustible, empty, without primer	0447	04	03
Torpedoes with bursting charge	0451	04	03
Charges, bursting, plastics bonded	0457	04	03
Charges, bursting, plastics bonded	0458	04	03
Articles, explosive, n.o.s.	0462	04	03
Articles, explosive, n.o.s.	0463	04	03
Articles, explosive, n.o.s.	0464	04	03
Articles, explosive, n.o.s.	0465	05	03
Articles, explosive, n.o.s.	0466	04	03
Articles, explosive, n.o.s.	0467	04	03
Articles, explosive, n.o.s.	0468	04	03
Articles, explosive, n.o.s.	0469	05	03
Articles, explosive, n.o.s.	0470	04	03
Articles, explosive, n.o.s.	0472	05	03
Rockets, with inert head	0502	04	03

Consistent with changes to Amendment 39-18 of the IMDG Code, PHMSA proposes numerous changes to the special stowage and segregation provisions [Other provisions] indicated in column (10B) of the HMT.

Amendment 39-18 of the IMDG Code amended multiple entries to ensure proper segregation between acids and both amines and cyanides. Amines react dangerously with acids, evolving heat, and the heat of reaction has the potential to generate corrosive vapors. Cyanides react with acids to generate toxic vapors. However, current vessel segregation requirements are inconsistent. Therefore, PHMSA proposes to apply stowage codes 52, 53, and 58—which require stowage “separated from acids,” “separated from alkaline compounds”, and “separated from cyanides,” respectively—to column 10B of the HMT, as shown in Table 3, below.

Consistent with changes adopted in Amendment 39-18 of the IMDG Code, PHMSA proposes to add existing stowage codes 12 and 25 to entries in the HMT. Vessel stowage code 12 requires keeping the cargo as cool as reasonably practicable. Vessel stowage code 25 requires protecting shipments from sources of heat. PHMSA proposes to add codes 12 and 25 to Nitrocellulose with alcohol with not less than 25 percent alcohol by mass, and with not more than 12.6 percent nitrogen, by dry mass, UN 2556. The addition of these two vessel stowage codes will help ensure that nitrocellulose is stowed so as to keep it as cool as practicable during transportation and to avoid possible loss of stabilization material in packages. Additionally, PHMSA proposes to add stowage code 25 to Dipropylamine, UN 2383 consistent with changes adopted in Amendment 39-18 of the IMDG Code.

PHMSA proposes to add vessel stowage codes to multiple HMT entries for uranium hexafluoride. In a previous final rule [Docket No. PHMSA-2015-0273 (HM-215N); 82 FR 15796] a subsidiary hazard of 6.1 was added to the UN 2977 and UN 2978 Uranium hexafluoride entries, and the primary hazard for UN 3507, Uranium hexafluoride, radioactive material, excepted package was changed from 8 to 6.1. Consequential amendments to the stowage and segregation requirements codes for these materials were not addressed at the time of these changes in the IMDG Code or the HMR. In this NPRM, PHMSA is proposing to add existing vessel stowage code 74 and new vessel stowage code 151 to UN 2977 and UN 2978. Additionally, PHMSA proposes to add new vessel stowage code 152 to UN 3507. Stowage code 74 requires stowage separated from oxidizers. See section by section discussion on proposed changes to § 176.84 for a description of stowage code 151 and 152. These proposed amendments are necessary to ensure appropriate stowage and segregation provisions that account for the subsidiary and tertiary hazards of these commodities.

Finally, we propose to add new stowage provision 154 and assign it to the NA 0123, NA 0494, UN 0494, and UN 0124 jet perforating gun HMT entries. This proposed new stowage provision indicates that notwithstanding the stowage category assigned to the entries in the HMT, jet perforating guns may be stowed in accordance with the provisions of packing instruction US 1 in § 173.62. See the discussion on stowage provision 154 in the § 176.84 section by section portion of this rulemaking.

Table 3
Proper shipping name	UN No.	Addition(s)
Jet perforating guns, charged oil well, with detonator	NA0124	154
Start Printed Page 60980
Jet perforating guns, charged oil well, without detonator	UN0124	154
Jet perforating guns, charged oil well, with detonator	NA0494	154
Jet perforating guns, charged oil well, without detonator	UN0494	154
Dimethylamine, anhydrous	UN1032	52
Ethylamine	UN1036	52
Hydrogen fluoride, anhydrous	UN1052	53, 58
Methylamine, anhydrous	UN1061	52
Trimethylamine, anhydrous	UN1083	52
Amylamines	UN1106 PG II & III	52
n-Butylamine	UN1125	52
Diethylamine	UN1154	52
Diisopropylamine	UN1158	52
Ethyl chloroformate	UN1182	53, 58
Ethyldichlorosilane	UN1183	53, 58
Isobutylamine	UN1214	52
Isopropylamine	UN1221	52
Methyl chloroformate	UN1238	53, 58
Methyldichlorosilane	UN1242	53, 58
Methyltrichlorosilane	UN1250	53, 58
Propylamine	UN1277	52
Trichlorosilane	UN1295	53, 58
Trimethylamine, aqueous solutions with not more than 50 percent trimethylamine by mass	UN1297 all PG's	52
Trimethylchlorosilane	UN1298	53, 58
Vinyltrichlorosilane	UN1305	53, 58
Cacodylic acid	UN1572	53, 58
Dimethyl sulfate	UN1595	53, 58
Acetic anhydride	UN1715	53, 58
Acetyl bromide	UN1716	53, 58
Acetyl chloride	UN1717	53, 58
Butyl acid phosphate	UN1718	53, 58
Allyl chloroformate	UN1722	53, 58
Allyl iodide	UN1723	53, 58
Allyltrichlorosilane, stabilized	UN1724	53, 58
Aluminum bromide, anhydrous	UN1725	53, 58
Aluminum chloride, anhydrous	UN1726	53, 58
Ammonium hydrogendifluoride, solid	UN1727	53, 58
Amyltrichlorosilane	UN1728	53, 58
Anisoyl chloride	UN1729	53, 58
Antimony pentachloride, liquid	UN1730	53, 58
Antimony pentachloride, solutions	UN 1731 all PG's	53, 58
Antimony pentafluoride	UN1732	53, 58
Antimony trichloride, liquid and solid	UN1733	53, 58
Benzoyl chloride	UN1736	53, 58
Benzyl bromide	UN1737	53, 58
Benzyl chloride and Benzyl chloride unstabilized	UN1738	53, 58
Benzyl chloroformate	UN1739	53, 58
Hydrogendifluoride, solid, n.o.s	UN1740 all PG's	53, 58
Boron trifluoride acetic acid complex, liquid	UN1742	53, 58
Boron trifluoride propionic acid complex, liquid	UN1743	53, 58
Bromine solutions	UN1744 all entries	53, 58
Bromine pentafluoride	UN1745	53, 58
Bromine trifluoride	UN1746	53, 58
Butyltrichlorosilane	UN1747	53, 58
Chloroacetic acid, solution	UN1750	53, 58
Chloroacetic acid, solid	UN1751	53, 58
Chloroacetyl chloride	UN1752	53, 58
Chlorophenyltrichlorosilane	UN1753	53, 58
Chlorosulfonic acid (with or without sulfur trioxide)	UN1754	53, 58
Chromic acid solution	UN1755 all PG's	53, 58
Chromic fluoride, solid	UN1756	53, 58
Chromic fluoride, solution	UN1757 all PG's	53, 58
Chromium oxychloride	UN1758	53, 58
Cupriethylenediamine solution	UN1761 all PG's	52
Cyclohexenyltrichlorosilane	UN1762	53, 58
Cyclohexyltrichlorosilane	UN1763	53, 58
Dichloroacetic acid	UN1764	53, 58
Dichloroacetyl chloride	UN1765	53, 58
Dichlorophenyltrichlorosilane	UN1766	53, 58
Diethyldichlorosilane	UN1767	53, 58
Difluorophosphoric acid, anhydrous	UN1768	53, 58
Diphenyldichlorosilane	UN1769	53, 58
Diphenylmethyl bromide	UN1770	53, 58
Start Printed Page 60981
Dodecyltrichlorosilane	UN1771	53, 58
Ferric chloride, anhydrous	UN1773	53, 58
Fluoroboric acid	UN1775	53, 58
Fluorophosphoric acid anhydrous	UN1776	53, 58
Fluorosulfonic acid	UN1777	53, 58
Fluorosilicic acid	UN1778	53, 58
Formic acid with more than 85% acid by mass	UN1779	53, 58
Fumaryl chloride	UN1780	53, 58
Hexadecyltrichlorosilane	UN1781	53, 58
Hexafluorophosphoric acid	UN1782	53, 58
Hexamethylenediamine solution	UN1783 all PG's	52
Hexyltrichlorosilane	UN1784	53, 58
Hydrofluoric acid and Sulfuric acid mixtures	UN1786	53, 58
Hydrobromic acid, with more than 49 percent hydrobromic acid	UN1788 all PG's	53, 58
Hydrochloric acid	UN1789 all PG's	53, 58
Hydrofluoric acid	UN1790 all PG's	53, 58
Hypochlorite solutions	UN1791 all PG's	53, 58
Iodine monochloride, solid	UN1792	53, 58
Isopropyl acid phosphate	UN1793	53, 58
Lead sulfate with more than 3 percent free acid	UN1794	53, 58
Nitrating acid mixtures	UN1796 all PG's	53, 58
Nitrohydrochloric acid	UN1798	53, 58
Nonyltrichlorosilane	UN1799	53, 58
Octadecyltrichlorosilane	UN1800	53, 58
Octyltrichlorosilane	UN1801	53, 58
Perchloric acid with not more than 50 percent acid by mass	UN1802	53, 58
Phenolsulfonic acid, liquid	UN1803	53, 58
Phenyltrichlorosilane	UN1804	53, 58
Phosphoric acid solution	UN1805	53, 58
Phosphorus pentachloride	UN1806	53, 58
Phosphorus pentoxide	UN1807	53, 58
Phosphorus tribromide	UN1808	53, 58
Phosphorus trichloride	UN1809	53, 58
Phosphorous oxychloride	UN1810	53, 58
Potassium hydrogendifluoride solid	UN1811	53, 58
Propionyl chloride	UN1815	53, 58
Propyltrichlorosilane	UN1816	53, 58
Pyrosulfuryl chloride	UN1817	53, 58
Silicon tetrachloride	UN1818	53, 58
Nitrating acid mixtures, spent	UN1826 all PG's	53, 58
Stannic chloride, anhydrous	UN1827	53, 58
Sulfur chlorides	UN1828	53, 58
Sulfur trioxide, stabilized	UN1829	53, 58
Sulfuric acid with more than 51 percent acid	UN1830	53, 58
Sulfuric acid, fuming with less than 30 percent free sulfur trioxide	UN1831	53, 58
Sulfuric acid, fuming with 30 percent or more free sulfur trioxide	UN1831	53, 58
Sulfuric acid, spent	UN1832	53, 58
Sulfurous acid	UN1833	53, 58
Sulfuryl chloride	UN1834	53, 58
Thionyl chloride	UN1836	53, 58
Thiophosphoryl chloride	UN1837	53, 58
Titanium tetrachloride	UN1838	53, 58
Trichloroacetic acid	UN1839	53, 58
Zinc chloride, solution	UN1840	53, 58
Propionic acid with not less than 10% and less than 90% acid by mass	UN1848	53, 58
Perchloric acid with more than 50 percent but not more than 72 percent acid, by mass	UN1873	53, 58
Acetyl iodide	UN1898	53, 58
Diisooctyl acid phosphate	UN1902	53, 58
Selenic acid	UN1905	53, 58
Sludge, acid	UN1906	53, 58
Bromoacetic acid solution	UN1938 all PG's	53, 58
Phosphorus oxybromide	UN1939	53, 58
Thioglycolic acid	UN1940	53, 58
Nitric acid other than red fuming	UN2031 all entries	53, 58
Nitric acid, red fuming	UN2032	53, 58
2-Dimethylaminoethanol	UN2051	52
Phthalic anhydride with more than .05 percent maleic anhydride	UN2214	53, 58
Maleic anhydride	UN2215 all entries	53, 58
Acrylic acid, stabilized	UN2218	53, 58
Benzotrichloride	UN2226	53, 58
Chromosulfuric acid	UN2240	53, 58
Di-n-butylamine	UN2248	52
Start Printed Page 60982
1,2-Propylenediamine	UN2258	52
Tripropylamine	UN2260	52
Dimethylcarbamoyl chloride	UN2262	53, 58
N,N-Dimethylcyclohexylamine	UN2264	52
Dimethyl-N-propylamine	UN2266	52
Dimethyl thiophosphoryl chloride	UN2267	53, 58
3,3′-Iminodipropylamine	UN2269	52
2-Ethylhexylamine	UN2276	52
Hexamethylenediamine, solid	UN2280 all PG's	52
Isophoronediamine	UN2289	52
Nitrobenzenesulfonic acid	UN2305	53, 58
Nitrosylsulfuric acid, liquid	UN2308	53, 58
Trimethylcyclohexylamine	UN2326	52
Trimethylhexamethylenediamines	UN2327	52
Zinc chloride, anhydrous	UN2331	53, 58
Allylamine	UN2334	52
Butyryl chloride	UN2353	53, 58
Cyclohexylamine	UN2357	52
Diallylamine	UN2359	52
Diisobutylamine	UN2361	52
Dipropylamine	UN2383	25, 52
Isobutyryl chloride	UN2395	53, 58
Isopropyl chloroformate	UN2407	53, 58
Dibenzyldichlorosilane	UN2434	53, 58
Ethylphenyldichlorosilane	UN2435	53, 58
Methylphenyldichlorosilane	UN2437	53, 58
Trimethylacetyl chloride	UN2438	53, 58
Sodium hydrogendifluoride	UN2439	53, 58
Stannic chloride pentahydrate	UN2440	53, 58
Trichloroacetyl chloride	UN2442	53, 58
Vanadium oxytrichloride	UN2443	53, 58
Vanadium tetrachloride	UN2444	53, 58
Vanadium trichloride	UN2475	53, 58
Iodine pentafluoride	UN2495	53, 58
Propionic anhydride	UN2496	53, 58
Valeryl chloride	UN2502	53, 58
Zirconium tetrachloride	UN2503	53, 58
Ammonium hydrogen sulfate	UN2506	53, 58
Chloroplatinic acid, solid	UN2507	53, 58
Molybdenum pentachloride	UN2508	53, 58
Potassium hydrogen sulfate	UN2509	53, 58
2-Chloropropionic acid	UN2511	53, 58
Bromoacetyl bromide	UN2513	58
Furfurylamine	UN2526	52
Methacrylic acid, stabilized	UN2531	53, 58
Nitrocellulose with alcohol with not less than 25 percent alcohol by mass, and with not more than 12.6 percent nitrogen, by dry mass	UN2556	12, 25
Trichloroacetic acid, solution	UN2564 all PG's	53, 58
Dicyclohexylamine	UN2565	52
Alkylsulfuric acids	UN2571	53, 58
Phosphorus oxybromide, molten	UN2576	53, 58
Phenylacetyl chloride	UN2577	53, 58
Phosphorus trioxide	UN2578	53, 58
Aluminum bromide, solution	UN2580	53, 58
Aluminum chloride, solution	UN2581	53, 58
Ferric chloride, solution	UN2582	53, 58
Alkyl sulfonic acids, solid or Aryl sulfonic acids, solid, with more than 5 percent free sulfuric acid	UN2583	53, 58
Alkyl sulfonic acids, liquid or Aryl sulfonic acids, liquid with more than 5 percent free sulfuric acid	UN2584	53, 58
Alkyl sulfonic acids, solid or Aryl sulfonic acids, solid with not more than 5 percent free sulfuric acid	UN2585	53, 58
Alkyl sulfonic acids, liquid or Aryl sulfonic acids, liquid with not more than 5 percent free sulfuric acid	UN2586	53, 58
Boron trifluoride diethyl etherate	UN2604	53, 58
Triallylamine	UN2610	52
Benzyldimethylamine	UN2619	52
Chloric acid aqueous solution, with not more than 10 percent chloric acid	UN2626	53
Fluoroacetic acid	UN2642	53, 58
Cyanuric chloride	UN2670	53, 58
3-Diethyamino-propylamine	UN2684	52
N,N-Diethylethylenediamine	UN2685	52
2-Diethylaminoethanol	UN2686	52
Phosphorus pentabromide	UN2691	58
Boron tribromide	UN2692	53, 58
Tetrahydrophthalic anhydrides with more than 0.05 percent of maleic anhydride	UN2698	53, 58
Start Printed Page 60983
Trifluoroacetic acid	UN2699	53, 58
Butyric anhydride	UN2739	53, 58
n-Propyl chloroformate	UN2740	53, 58
Chloroformates, toxic, corrosive, flammable, n.o.s	UN2742	53, 58
n-Butyl chloroformate	UN2743	53, 58
Cyclobutyl chloroformate	UN2744	53, 58
Chloromethyl chloroformate	UN2745	53, 58
Phenyl chloroformate	UN2746	53, 58
2-Ethylhexyl chloroformate	UN2748	53, 58
Diethylthiophosphoryl chloride	UN2751	53, 58
Acetic acid, glacial or Acetic acid solution, with more than 80 percent acid, by mass	UN2789	53, 58
Acetic acid solution	UN2790 all entries	53, 58
Batteries, wet, filled with acid, electric storage	UN2794	53, 58
Sulfuric acid with not more than 51% acid	UN2796	53, 58
Phenyl phosphorus dichloride	UN2798	53, 58
Phenyl phosphorus thiodichloride	UN2799	53, 58
Copper chloride	UN2802	53, 58
N-Aminoethylpiperazine	UN2815	52
Ammonium hydrogendifluoride, solution	UN2817 all PG's	53, 58
Amyl acid phosphate	UN2819	53, 58
Butyric acid	UN2820	53, 58
Crotonic acid, solid	UN2823	53, 58
Ethyl chlorothioformate	UN2826	53, 58
Caproic acid	UN2829	53, 58
Phosphorous acid	UN2834	53, 58
Di-n-amylamine	UN2841	52
Boron trifluoride dihydrate	UN2851	53, 58
Hydroxylamine sulfate	UN2865	52, 53, 58
Titanium trichloride mixtures	UN2869 all PG's	53, 58
Selenium oxychloride	UN2879	53, 58
N-Methylbutylamine	UN2945	52
Sulfamic acid	UN2967	53, 58
Radioactive material, uranium hexafluoride non fissile or fissile-excepted	UN2978	74, 151
Radioactive material, uranium hexafluoride, fissile	UN2977	74, 151
Chlorosilanes, flammable, corrosive, n.o.s	UN2985	53, 58
Chlorosilanes, corrosive, flammable, n.o.s	UN2986	53, 58
Chlorosilanes, corrosive, n.o.s	UN2987	53, 58
Chlorosilanes, water-reactive, flammable, corrosive, n.o.s	UN2988	53, 58
2-(2-Aminoethoxy) ethanol	UN3055	52
Methanesulfonyl chloride	UN3246	53, 58
Chloroacetic acid, molten	UN3250	53, 58
Corrosive solid, acidic, inorganic, n.o.s	UN3260 all PG's	53, 58
Corrosive solid, acidic, organic, n.o.s	UN3261 all PG's	53, 58
Corrosive liquid, acidic, inorganic, n.o.s	UN3264 all PG's	53, 58
Corrosive liquid, acidic, organic, n.o.s	UN3265 all PG's	53, 58
Chloroformates, toxic, corrosive, n.o.s	UN3277	53, 58
Chlorosilanes, toxic, corrosive, n.o.s	UN3361	53, 58
Chlorosilanes, toxic, corrosive, flammable, n.o.s	UN3362	53, 58
Formic acid	UN3412 all PG's	53, 58
Boron trifluoride acetic acid complex, solid	UN3419	53, 58
Boron trifluoride propionic acid complex, solid	UN3420	53, 58
Potassium hydrogendifluoride solution	UN3421 all PG's	53, 58
Bromoacetic acid, solid	UN3425	53, 58
Phosphoric acid, solid	UN3453	53, 58
Nitrosylsulphuric acid, solid	UN3456	53, 58
Propionic acid with not less than 90% acid by mass	UN3463	53, 58
Crotonic acid, liquid	UN3472	53, 58
Iodine monochloride, liquid	UN3498	53, 58
Uranium hexafluoride, radioactive material, excepted package, less than 0.1 kg per package, non-fissile or fissile-excepted	UN3507	152

Appendix B to § 172.101

Appendix B to § 172.101 lists marine pollutants regulated under the HMR. Based on test data submitted to PHMSA, the USCG, and the IMO, Amendment 39-18 of the IMDG Code was updated to indicate that 1-dodecene is not a marine pollutant. In this NPRM, PHMSA is proposing to amend the entry for “Dodecene” in the list of marine pollutants in appendix B to § 172.101 to indicate that 1-dodecene is not a marine pollutant, and as a result, shipments of 1-dodecene are not subject to the provisions of the HMR applicable to marine pollutants.

Section 172.102 Special Provisions

Section 172.102 lists special provisions applicable to the transportation of specific hazardous materials. Special provisions contain Start Printed Page 60984packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. In this NPRM, PHMSA proposes the following revisions to § 172.102 special provisions:

Special provision 132. This special provision prescribes conditions for use of description “UN 2071, Ammonium nitrate based fertilizer, Class 9.” As the composition limits and requirement on self-sustaining decomposition were replaced by a flow chart in sub-section 39.5 of the new Manual of Tests and Criteria, part III, section 39, the corresponding UN Model Regulations special provision 193 was revised by removing the specific conditions and making a reference to the applicable section of the UN Manual of Tests and Criteria. Consistent with these changes to the UN Model Regulations, in this NPRM, PHMSA is proposing to revise special provision 132 by removing the specific conditions applicable to use of this description and clarifying that UN 2071 may only be used for ammonium nitrate-based compound fertilizers and that they must be classified in accordance with the procedure as set out in the Manual of Tests and Criteria, part III, section 39.
Special provision 150. This special provision prescribes conditions for use of description “UN 2067, Ammonium nitrate based fertilizer, Division 5.1.” As the composition limits were replaced by a flow chart in sub-section 39.5 of the new Manual of Tests and Criteria, part III, section 39, the corresponding UN Model Regulations special provision 307 was revised by removing the specific conditions and making a reference to the applicable section of the UN Manual of Tests and Criteria. Consistent with these changes to the UN Model Regulations, in this NPRM, PHMSA is proposing to revise special provision 150 by removing the specific conditions applicable to use of this description by clarifying that UN 2067 may only be used for ammonium nitrate-based fertilizers and that they must be classified in accordance with the procedure as set out in the Manual of Tests and Criteria, part III, section 39.
Special provision 238. Special provision 238 prescribes requirements for neutron radiation detectors containing boron trifluoride. In a final rule published under Docket Number PHMSA 2015-0273 (HM-215N) [82 FR 15795], special provision 238 was revised to align with special provision 373 of the UN Model Regulations. In reformatting the special provision for alignment, several of the preexisting references to paragraphs within the special provision were not revised accordingly. Specifically, in this NPRM, PHMSA is proposing to remove the first instance of the text “a.” in the introductory text as it is not necessary and inadvertently results in two paragraphs with the same letter header. In paragraph e, the references to preceding paragraphs within the special provision are revised from a(1), a(2), and a(3) to a, b, and c, respectively.
Special provision 325. Consistent with a pre-existing Special provision 325 in the UN Model Regulations, PHMSA proposes to add new special provision 325 to assist shippers of this material by clarifying that in the case of non-fissile or fissile-excepted uranium hexafluoride, the material must be classified as “UN2978 Radioactive material, uranium hexafluoride non fissile or fissile-excepted.”. In this NPRM, PHMSA proposes to assign Special provision 325 to the following entries to aid shippers: