the moisture content and concentration of the corroding components must
conform to the requirements in Sec.  173.301b(a)(2).

N. Section 173.304

    Section 173.304 contains the requirements for the filling of
cylinders with liquefied compressed gases. Paragraph (d) specifies
authorized cylinders for the transportation of refrigerant and
dispersant gases. PHMSA proposes to revise this paragraph by adding a
list of the HFCs that are being phased out for use and transportation
to align with the EPA implementation of the AIM Act. Additionally,
PHMSA proposes language to outline the phaseout dates and exceptions
for the transportation of HFCs listed in this section.

O. Section 178.503

    Section 178.503 prescribes the requirements for the marking of non-
bulk performance-oriented packagings. PHMSA proposes to revise 49 CFR
178.503(a)(6) to allow 4-series boxes to be marked with the last two
digits of the year of certification in lieu of the year of manufacture
as currently required in the HMR.

P. Section 178.601

    Section 178.601 prescribes the general requirements for the testing
of non-bulk performance-oriented packagings and packages. PHMSA
proposes to redesignate paragraphs (g)(6) through (8) as paragraphs
(g)(7) through (9) and add new paragraph (g)(6) to allow packages
tested with articles containing solid hazardous materials without
intermediate packaging(s) to be assembled with any intermediate
packaging(s) without further testing. Moreover, PHMSA is revising the
redesignated paragraph (g)(8) approval provision to include new
paragraph (g)(6), such that paragraphs (g)(1) through (7) are
referenced in the revised paragraph (g)(8).

Q. Section 180.205

    Section 180.205 prescribes the general requirements for
requalification of specification cylinders. PHMSA proposes to revise
this section to incorporate provisions consistent with CGA C-20-2014,
``Requalification Standard for Metallic, DOT and TC 3-Series Gas
Cylinders and Tubes Using Ultrasonic Examination'' (Second Edition),
which allow for the use of UE for cylinder requalification. PHMSA
proposes to revise paragraphs (e)(2) and (f) to specify that a cylinder
requalified using UE must be visually inspected in accordance with
paragraph (e)(1). Additionally, PHMSA proposes to add a new paragraph
(h) to specify that requalification using UE must be done in accordance
with CGA C-20 and by a facility approved by PHMSA for performing UE
operations. PHMSA proposes revisions to paragraphs (i) and (j) to
specify the rejection requirements for a cylinder that fails
requalification tests.
    PHMSA also proposes to add Sec.  180.205(c)(5). This paragraph will
specify that a DOT 3-series specification cylinder that is 12 feet or
longer with an outside diameter greater than or equal to

18 inches and supported by the neck mounting surface during
transportation in commerce must be inspected at least every 10 years in
accordance with CGA C-23. Lastly, PHMSA proposes to add paragraph
(d)(5) to specify the conditions for removal and examination of
cylinders in accordance with CGA C-23.

R. Section 180.207

    Section 180.207 prescribes the requirements for the requalification
of UN pressure receptacles. PHMSA proposes to revise 49 CFR
180.207(d)(1) to require that each seamless steel UN pressure
receptacle that is 12 ft or longer with an outside diameter greater
than or equal to 18 in supported by the neck mounting surface during
transportation in commerce be inspected at least every 10 years in
accordance with CGA C-23. In addition, PHMSA proposes to specify
conditions for removal and examination of the cylinder in accordance
with CGA C-23.

S. Section 180.209

    Section 180.209 describes the requalification requirements for
specification cylinders. PHMSA proposes an editorial revision to
paragraphs (d) and (m) to reference 49 CFR 180.205(j) instead of 49 CFR
180.205(i).

T. Section 180.212

    Section 180.212 specifies the requirements for the repair of
seamless DOT 3-series specification cylinders and seamless UN pressure
receptacles. PHMSA is proposing to add 49 CFR 180.212(a)(4) to allow
derating the service pressure of DOT 3-series seamless steel tubes.
PHMSA also proposes to revise 49 CFR 180.212(b)(2) to: (1) allow, as a
repair, the external threading of a DOT 3-series cylinder or a seamless
UN pressure receptacle manufactured without external threads; and (2)
not limit external rethreading to UN pressure receptacles mounted in a
MEGC.

V. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This rulemaking is published under the authority of Federal
Hazardous Materials Transportation Law (Federal Hazmat Law; 49 U.S.C.
5101 et seq.), which authorizes the Secretary of Transportation to
``prescribe regulations for the safe transportation, including
security, of hazardous materials in intrastate, interstate, and foreign
commerce.'' The Secretary has delegated the authority granted in the
Federal Hazmat Law to the PHMSA Administrator at 49 CFR 1.97. This
rulemaking proposes to amend several sections of the HMR in response to
18 petitions for rulemaking received from the regulated community.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

Background
    Executive Order 12866 (``Regulatory Planning and Review'') requires
that agencies ``should assess all costs and benefits of available
regulatory alternatives, including the alternative of not regulating.''
Agencies should consider quantifiable measures and qualitative measures
of costs and benefits that are difficult to quantify. Further,
Executive Order 12866 recommends that agencies maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity), unless a
statute requires another regulatory approach. Similarly, DOT Order
2100.6A (``Rulemaking and Guidance Procedures'') requires that
regulations issued by PHMSA, and other DOT Operating Administrations
should consider an assessment of the potential benefits, costs, and
other important impacts of the proposed action. Also, they should
quantify (to the extent practicable) the benefits, costs, and any
significant distributional impacts, including any environmental
impacts.
    PHMSA is responding to 18 petitions that have been submitted by the
public in accordance with the Administrative Procedure Act (5 U.S.C.
553(e)) and PHMSA's rulemaking procedure regulations (49 CFR 106.95 and
106.100). Overall, this proposed rule would maintain the continued safe
transportation of hazardous materials while producing a net cost
savings. PHMSA's findings are summarized here and described in further
detail in the preliminary Regulatory Impact Analysis (PRIA), which can
be found in the regulatory docket (Docket ID: PHMSA-2020-0102) at
www.regulations.gov.
Summary of Findings
    PHMSA estimates a present value of quantified net cost savings of
approximately $15.18 million over a perpetual time horizon and $1.22
million annualized at a 7 percent discount rate. These estimates do not
include non-monetized and qualitative cost/cost savings discussed in
the PRIA.
    PHMSA's cost savings analysis relies on the monetization of impacts
for seven petitions included in this rulemaking. All these petitions
have annualized cost savings. The following table presents a summary of
the seven petitions that would have monetized impacts upon codification
and contribute to PHMSA's estimation of quantified net cost savings.

                                        Table 1--Summary of Cost/Cost Savings of Petitions for Regulatory Reform
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                All figures in $ USD. ``X'' indicates insignificant cost/savings
                                                                                -------------------------------------------------------------------
              Petition No.                              Rule provision                  Significant     One-time cost     Significant      Annual cost
                                                                                costs           savings          benefits         savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
P-1718.................................  49 CFR 173.4b..............................               X                X                X          162,000
P-1727.................................  49 CFR 180.205.............................             500                X                X           28,000
P-1729.................................  49 CFR 171.7...............................         115,239                X          129,480                X
P-1731.................................  49 CFR 171.7(r)(2).........................               X                X                X            6,120
P-1732.................................  49 CFR 178.503(a)(6).......................               X                X                X          150,000
P-1734.................................  49 CFR 172.514(c)(4).......................               X                X                X              770
P-1736.................................  49 CFR 171.7(r)(1).........................               X                X                X          876,000
                                                                                -------------------------------------------------------------------
    Total ($USD).......................  ...........................................         115,739                X          129,480        1,222,890
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Net Present Value of Total Net Savings (One-Time Benefits--One-Time Costs + Future Annualized Net Benefit at 7 percent Discount)...      15,188,633
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In addition to these seven items, PHMSA described an additional 11
items that may streamline regulatory compliance. While information gaps
prevent quantification of cost savings for these items, PHMSA has
determined that they provide relief from unnecessary requirements or
provide additional flexibility without compromising safety.
Conclusion
    This NPRM is not considered a significant regulatory action within
the meaning of Executive Order 12866 (E.O. 12866) and DOT policies and
procedures. (See DOT Order 2100.6A.\41\) The economic effects of this
regulatory action would not have an effect on the economy that exceeds
the $100 million annual threshold defined by E.O. 12866, and that the
regulatory action is not otherwise significant. PHMSA estimates a
present value of quantified net cost savings of approximately $15.18
million over a perpetual time horizon and $1.22 million annualized at a
7 percent discount rate. Please see the PRIA in the regulatory docket
for additional detail and a description of PHMSA's methods and
calculations.
---------------------------------------------------------------------------

    \41\ DOT Order 2100.6A ``Rulemaking and Guidance Procedures''
(June 7, 2021) at: https://www.transportation.gov/sites/dot.gov/files/2021-06/DOT-2100.6A-Rulemaking-and-Guidance-%28003%29.pdf.
---------------------------------------------------------------------------

C. Executive Order 13132

    This rulemaking was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism'') and the
presidential memorandum (``Preemption'') published in the Federal
Register on May 22, 2009 (74 FR 24693). Executive Order 13132 requires
agencies to assure meaningful and timely input by state and local
officials in the development of regulatory policies that may have
``substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.'' This
rulemaking does not propose any regulation that has substantial direct
effects on the states, the relationship between the National Government
and the states, or the distribution of power and responsibilities among
the various levels of government. Therefore, the consultation and
funding requirements of Executive Order 13132 do not apply.
    Federal Hazmat Law contains a general preemption provision (49
U.S.C. 5125(a)) in the event compliance with a state, local, or Indian
tribe requirement is not possible or presents an obstacle to
compliance. Additionally, Federal Hazmat Law contains an express
preemption provision (49 U.S.C. 5125(b)) that preempts state, local,
and Indian tribal requirements on:
    (1) The designation, description, and classification of hazardous
materials.
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials.
    (3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents.
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material.
    (5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
    This proposed rule addresses covered subject items above and
preempts state, local, and Indian tribe requirements not meeting the
``substantively the same'' standard. DOT has determined that this
proposed rule would provide cost savings and regulatory flexibility to
the regulated community without compromising safety. This rulemaking
proposes to address 18 petitions for rulemaking submitted by the
regulated community. PHMSA invites those with an interest in the issues
presented to comment on the effect that the adoption of specific
proposals may have on state or local governments.

D. Executive Order 13175

    This rulemaking was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Executive Order 13175
requires agencies to assure meaningful and timely input from Indian
tribal government representatives in the development of rules that
significantly or uniquely affect tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship and distribution of
power between the Federal Government and Indian tribes. PHMSA has
determined that this rulemaking does not have substantial tribal
implications. Therefore, the funding and consultation requirements of
Executive Order 13175 do not apply.
    However, we invite Indian tribal governments to provide comments on
the costs and effects that this NPRM could potentially have on tribal
communities.

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

    The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Flexibility Fairness Act of 1996, requires Federal
regulatory agencies to prepare an Initial Regulatory Flexibility
Analysis (IRFA) for any NPRM subject to notice-and-comment rulemaking
under the Administrative Procedure Act, unless the agency head
certifies that the rule would not have a significant economic impact on
a substantial number of small entities. The small entities that could
be impacted by this proposal include all small entities engaged in the
shipment of hazardous materials. PHMSA expects this proposed rule to
facilitate new technologies or other changes that provide safety
equivalence at lower cost, streamline or reduce recordkeeping and other
paperwork and reporting requirements, and address other changes to
reduce the regulatory burden of the HMR. PHMSA has individually
evaluated each regulatory change contained in this rulemaking using
available information and certifies that none of the proposed changes
will have a significant economic impact on a substantial number of
small businesses. PHMSA is proposing some new requirements in this NPRM
but does not expect these requirements to have a significant impact.
    These new requirements include:
    1. P-1714--The proposal adds a new packaging restriction for CNG
and methane in seamless steel pressure receptacles. While this is a new
requirement under the HMR, CGA stated in its petition that market
participants already follow the proposed practices for UN/ISO
cylinders. PHMSA, whose subject matter experts participate in the CGA
membership meetings and conferences, has spoken with CGA members and
corroborated this assertation; therefore, it does not anticipate that
the proposed changes will have an impact on small businesses.
    2. P-1727--This petition incorporates by reference CGA C-20 (2014),
``Requalification Standard for Metallic, DOT and TC 3-Series Gas
Cylinders and Tubes Using Ultrasonic Examination, Second Edition.'' As
part of the IBR of this new document, cylinder requalifiers must stamp
the cylinder ``CONDEMNED'' and affix a readily visible label on the
cylinder stating: ``UN REJECTED, RETURNING TO ORIGIN FOR PROPER
DISPOSITION.''

However, PHMSA asserts there will be an overall positive impact on
small business for three reasons. Firstly, most large and small
affected entities are members of the CGA, allowing them free access to
updated CGA reference materials. Secondly, substantially all affected
entities already possess cylinder stamping equipment required to
implement this regulation and stamping itself takes very little time.
Thirdly, small businesses are expected to benefit from this change
because small businesses are currently disproportionately burdened by
the various special permit requirements that this stamping substitutes
for. The time to stamp the cylinders is minimal, and overall, there
will be positive impact on small businesses due to no longer needing to
apply for a special permit.
    3. Phaseout of HFCs--This rulemaking harmonizes with the EPA
phaseout of the use of non-refillable cylinders for the transportation
of GHGs. While this revision does impose a cost to industry, this cost
has already been accounted for in the EPA final rule. Therefore, the
proposed revisions in this NPRM do not impose any additional new cost
on industry.
    The remainder of the proposals in this NPRM are expected to result
in cost savings/streamline regulatory requirements without impacting
safety. As such, PHMSA's assessment of non-significant impact on small
businesses can be found under the costs and benefits sections found
within the PRIA.

F. Paperwork Reduction Act

    This NPRM does not impose new information collection requirements.
PHMSA currently has an approved information collection under OMB
Control No. 2137-0051, entitled ``Rulemaking, Special Permits, and
Preemption Requirements,'' expiring on November 30, 2024. This
rulemaking eliminates the need for persons to renew a special permit,
resulting in a decrease in burden. PHMSA estimates the reduction in
information collection burden as follows:
    OMB Control No. 2137-0051: Rulemaking, Special Permits, and
Preemption Requirements.
    Decrease in Annual Number of Respondents: 139.
    Decrease in Annual Responses: 139.
    Decrease in Annual Burden Hours: 208.5.
    Decrease in Annual Burden Cost: $0.
    PHMSA specifically requests comments on the information collection
and recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval under this NPRM. Address
written comments to the Dockets Unit as identified in the ADDRESSES
section of this NPRM. PHMSA must receive comments regarding information
collection burdens prior to the close of the comment period identified
in the DATES section of this NPRM. Notwithstanding any other provision
of law, no person is required to respond to a collection of information
unless such collection displays a valid Office of Management and Budget
(OMB) control number.
    Please direct your requests for a copy of this information
collection to Steven Andrews, Office of Hazardous Materials Standards
(PHH-12), Pipeline and Hazardous Materials Safety Administration, 1200
New Jersey Avenue SE, 2nd Floor, Washington, DC 20590-0001.

G. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et
seq.) requires agencies to assess the effects of Federal regulatory
actions on state, local, and tribal governments, and the private
sector. For any NPRM or final rule that includes a Federal mandate that
may result in the expenditure by state, local, and tribal governments,
or by the private sector of $100 million or more in 1996 dollars in any
given year, the agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the Federal mandate.
    As explained in the PRIA, available for review in the docket, this
proposed rulemaking does not impose unfunded mandates under the UMRA.
It does not result in costs of $100 million or more in 1996 dollars to
either state, local, or tribal governments, or to the private sector,
in any one year. Therefore, the analytical requirements of UMRA do not
apply. A copy of the PRIA is available for review in the docket.

H. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321
et seq.) requires that Federal agencies analyze proposed actions to
determine whether the action would have a significant impact on the
human environment. The Council on Environmental Quality implementing
regulations (40 CFR parts 1500 through 1508) requires Federal agencies
to conduct an environmental review considering (1) the need for the
action, (2) alternatives to the action, (3) probable environmental
impacts of the action and alternatives, and (4) the agencies and
persons consulted during the consideration process. DOT Order 5610.1C
(``Procedures for Considering Environmental Impacts'') establishes
departmental procedures for evaluation of environmental impacts under
NEPA and its implementing regulations.
1. Purpose and Need
    In response to petitions for rulemaking submitted by the regulated
community, PHMSA proposes to amend the HMR to update, clarify, or
streamline various regulatory requirements. Specifically, PHMSA
proposes amendments that include--but are not limited to--the
following: incorporating by reference (IBR) multiple publications from
CGA, IME, and the UN; allowing for greater flexibility of packaging
options in the transportation of compressed natural gas in cylinders;
streamlining the approval application process for the repair of
specific DOT specification cylinders; providing greater clarity
regarding the filling requirements for certain cylinders used to
transport hydrogen and hydrogen mixtures; streamlining hazard
communication by allowing marking exceptions under certain conditions
during the transportation of lithium button cell batteries; and
modifying the definition of liquid to include the test for determining
fluidity (penetrometer test) prescribed in the ADR.
    These amendments are intended to promote safety, provide clarity
and streamline regulatory requirements. The proposed changes were
identified in response to petitions from stakeholders affected by the
HMR. These proposed changes would clarify the HMR and enhance safety,
while offering some net economic benefits.
    This action: (1) fulfills our statutory directive to promote
transportation safety; (2) fulfills our statutory directive under the
Administrative Procedure Act that requires Federal agencies to give
interested persons the right to petition an agency to issue, amend, or
repeal a rule (5 U.S.C. 553(e)); (3) supports governmental efforts to
eliminate unnecessary burdens on the regulated community; (4) addresses
safety concerns raised by petitioners and removes identified regulatory
ambiguity; and (5) simplifies and clarifies the regulations to promote
understanding and compliance.
    These regulatory revisions would offer more efficient and effective
ways of achieving the PHMSA goal of safe and secure transportation of
hazardous materials in commerce, protecting both people and the
environment.

2. Alternatives
    In proposing this rulemaking, PHMSA is considering the following
alternatives:
    No Action Alternative: If PHMSA were to select the No Action
Alternative, current regulations would remain in place and no
provisions would be amended or added.
    Proposed Action Alternative: This alternative is the current
proposal as it appears in this NPRM, applying to transport of hazardous
materials by various transport modes (highway, rail, vessel and
aircraft). The proposed amendments included in this alternative are
more fully discussed in the preamble and regulatory text sections of
this NPRM.
3. Analysis of Environmental Impacts
No Action Alternative
    If PHMSA were to select the No Action Alternative, current
regulations would remain in place and no new provisions would be added.
However, efficiencies gained through the proposals, which include
harmonization in updates to transport standards, lists of regulated
substances, definitions, packagings, markings requirements, shipper
requirements, and modal requirements, would not be realized. Foregone
efficiencies in the No Action Alternative also include freeing up
limited resources to concentrate on hazardous materials transportation
issues of potentially much greater environmental impact. Not adopting
the proposed environmental and safety requirements in the NPRM under
the ``No Action Alternative'' would result in a lost opportunity for
reducing negative environmental and safety-related impacts. Greenhouse
gas emissions would remain the same under the No Action Alternative.
However, PHMSA expects that the No Action Alternative could have a
modest negative impact on GHG emissions. PHMSA expects the provisions
for the transportation of compressed natural gas/methane in UN pressure
receptacles to have a minimal positive effect on greenhouse gas
emissions. This would result from stricter packaging restrictions that
should result in fewer failures of these packages resulting in fewer
releases of materials into the environment. Therefore, by choosing the
No Action Alternative, a potential reduction in GHG emissions would not
be achieved.
Proposed Action Alternative
    When developing potential regulatory requirements, PHMSA evaluates
those requirements to consider the environmental impact of each
amendment. Specifically, PHMSA evaluates the risk of release and
resulting environmental impact; the risk to human safety, including any
risk to first responders; the longevity of the packaging; and if the
proposed regulation would be carried out in a defined geographic area
using specific resources, especially any sensitive areas and how they
could be impacted by any proposed regulations. The regulatory changes
proposed in this rulemaking have been determined to be clarification,
technology/design updates, harmonization, regulatory flexibility,
standard incorporation, or editorial in nature. As such, these
amendments have little or no impact on the risk of release and
resulting environmental impact, human safety, or longevity of the
packaging. None of these amendments would be carried out in a defined
geographic area because this is a nationwide rulemaking.
    The ``Proposed Action Alternative'' encompasses enhanced and
clarified regulatory requirements, which would result in increased
compliance and fewer negative environmental and safety impacts. This
environmental assessment incorporates the safety analyses in the
preamble sections of this NPRM. The table and list below summarize the
possible environmental benefits, greenhouse gas emissions, and any
potential negative impacts for the amendments proposed in the NPRM.

                             Summary of Probable Environmental Impacts by Amendments
----------------------------------------------------------------------------------------------------------------
     Proposed amendment(s) to HMR                                Probable environmental       Greenhouse gas
      (lettered as above herein)         Type of amendment(s)    impact(s) anticipated          emissions
----------------------------------------------------------------------------------------------------------------
1. P-1714--Transportation of           Regulatory Flexibility.  Minimal positive         Minimal positive
 Compressed Natural Gas/Methane in UN                            impacts.                 impacts.
 Pressure Receptacles.
2. P-1716--Threading and repair of     Regulatory Flexibility.  No impacts.............  No impacts.
 seamless DOT 3-series specification
 cylinders and seamless UN pressure
 receptacles.
3. P-1717/P-1725--Clarification of     Regulatory Flexibility.  No impacts.............  No impacts.
 the requirements for non-liquefied
 compressed gases.
4. P-1718--De minimus quantities of    Regulatory Flexibility-- No impacts.............  No impacts.
 poisonous materials.                   Harmonization.
5. P-1736--Clarification of the        Regulatory Flexibility.  No impacts.............  No impacts.
 marking requirements for button cell
 lithium batteries contained in
 equipment.
6. P-1727--IBR of CGA C-20 (2014)....  Standard Incorporation.  No impacts.............  No impacts.
7. P-1728--Gas Mixtures Containing     Regulatory Flexibility.  No impacts.............  No impacts.
 Components Defined as Liquefied
 Gases.
8. P-1729--Incorporation by reference  Standard Incorporation.  Minimal positive         No impacts.
 of CGA C-23 (2018).                                             impacts.
9. P-1731--IBR of IME's Safety         Standard Incorporation.  No impacts.............  No impacts.
 Library Publication 23 (SLP-23).
10. P-1732--Revision of testing and    Regulatory Flexibility.  No impacts.............  No impacts.
 marking of UN specification
 packagings.
11. P-1734--Authorizing smaller-sized  Regulatory Flexibility.  No impacts.............  No impacts.
 combustible placard on IBCs.
12. P-1736--IBR of IME Safety Library  Standard Incorporation.  No impacts.............  No impacts.
 Publication 22 (SLP-22).

13. P-1738--Definition of a Liquid...  Regulatory Flexibility-- No impacts.............  No impacts.
                                        Harmonization.
14. P-1744--Incorporate by reference   Standard Incorporation.  No impacts.............  No impacts.
 updated Appendix A to CGA C-7 (2020).
15. P-1746--IBR of CGA C-27 (2019)...  Standard Incorporation.  No impacts.............  No impacts.
16. P-1747--IBR of CGA C-29 (2019)...  Standard Incorporation.  Minimal positive         No impacts.
                                                                 impacts.
17. P-1748--IBR of CGA V-9 (2019)....  Standard Incorporation.  No impacts.............  No impacts.
----------------------------------------------------------------------------------------------------------------

    1. P-1714--PHMSA proposes implementing packaging restrictions for
the transportation of CNG and methane in UN seamless steel pressure
receptacles with a tensile strength greater than 950 MPa. As discussed
in Sections III and IV of this proposed rule, PHMSA expects that
proposed packaging restrictions should result in fewer failures of
these packages resulting in fewer releases of materials into the
environment. Additionally, because this proposed revision involves the
transportation of GHGs, PHMSA expects that this proposed revision may
have a minimal effect on the reduction of GHGs emissions.
    2. P-1716--PHMSA proposes revising the requirements for repairing
seamless DOT 3-series specification cylinders and seamless UN pressure
receptacles manufactured without external threads and authorizing the
performance of this work without requiring prior approval from PHMSA.
This proposal provides regulatory flexibility while maintaining safety.
As discussed in Sections III and IV of this proposed rule, PHMSA has
determined that this is an improvement over the previous method of
using setscrews to secure the tubes, which resulted in indentations
being carved into the tube necks as the tube jostled during transport.
Because this proposal should lower the risk of an incident, since this
package is expected to increase safety, the proposal may result in
positive environmental impacts due less risk of an accident in
transportation. Similarly, PHMSA does not expect this revision to
result in any increase to GHG emissions.
    3. P-1717/P-1725--PHMSA proposes to amend 49 CFR 173.302a(c) of the
HMR for the special filling limits for DOT specification 3A, 3AX, 3AA,
and 3AAX cylinders containing Division. 2.1 (flammable) gases. As
discussed in Sections III and IV of this proposed rule, these
amendments would not represent any incremental, quantifiable safety
effects because PHMSA already authorizes the transportation in commerce
of hydrogen and mixtures of hydrogen with helium, argon, or nitrogen in
certain cylinders filled to more than 10 percent of their marked
service pressures. Therefore, PHMSA does not expect this proposal to
have any impacts on the environment. Similarly, PHMSA does not expect
any effects on GHG emissions.
    4. P-1718--PHMSA proposes to amend 49 CFR 173.4b to harmonize the
de minimis exceptions for Division 6.1, PG I (no inhalation hazard)
materials with international regulations. The release of Division 6.1,
PG I materials, including toxic substances, poisons, and irritating
material, can have a negative effect on human health and the
environment due to toxicity levels of the material. However, as
discussed in Sections III and IV of this proposed rule, because the
proposed revision would authorize an existing exception for de minimis
quantities of additional materials with appropriate safeguards, PHMSA
does not expect any significant environmental impacts. Similarly, PHMSA
does not expect any effects on GHG emissions.
    5. P-1726--PHMSA proposes to revise 49 CFR 173.185(c)(3) to clarify
that lithium button cell batteries installed in equipment are excepted
from the marking requirement and not subject to the quantity per
package or per consignment limitation. As discussed in Sections III and
IV of this proposed rule, because this is not a new requirement and
simply clarifies the current requirements in the HMR, PHMSA does not
expect any environmental impacts. Similarly, PHMSA does not expect this
revision to result in any change in GHG emissions.
    6. P-1727--PHMSA proposes to IBR CGA C-20 (2014), ``Requalification
Standard for Metallic, DOT and TC 3-Series Gas Cylinders and Tubes
Using Ultrasonic Examination, Second Edition.'' CGA C-20 provides
technical specification for the ultrasonic examination of cylinders. As
discussed in Sections III and IV of this proposed rule, PHMSA expects
that the use of ultrasonic examination will provide a level of safety
at least equivalent to what is currently allowed under the HMR. PHMSA
already allows for the ultrasonic examination of certain cylinders (see
49 CFR 180.212 for example). Additionally, 49 CFR 180.205(f) will no
longer require internal visual inspection for these cylinders once they
have undergone ultrasonic examination, as these actions would be
duplicative. PHMSA does not expect the incorporation by reference of
CGC C-20 to have any environmental impacts. Similarly, PHMSA does not
expect this revision to result in any increase to GHG emissions.
    7. P-1728--PHMSA proposes to authorize an alternative description
of gas mixtures containing components defined as liquefied gases. This
proposal helps clarify confusion among stakeholders when the content of
a cylinder is described as a liquefied compressed gas that resembles a
non-liquefied compressed gas. As discussed in Sections III and IV of
this proposed rule, PHMSA has determined that the proposed change is
safety neutral or slightly improves safety and will provide regulatory
flexibility to the regulated community without a reduction in safety.
For these reasons, PHMSA does not expect this proposal to have any
environmental impacts. Similarly, PHMSA does not expect this revision
to result in any increase to GHG emissions.
    8. P-1729--PHMSA proposes to IBR CGA C-23 (2018), ``Standard for
Inspection of DOT/TC 3 series and ISO 11120 Tube Neck Mounting
Surfaces, Second Edition'' into the HMR at 49 CFR 171.7. As discussed
in Sections III and IV of this proposed rule, CGA C-23 provides an
inspection standard that PHMSA expects will reduce the likelihood of a
release from a DOT/TC 3 series cylinders. Thus, PHMSA expects this
proposal to have a minimal positive environmental impact. PHMSA does
not expect this revision to result in any increase to GHG emissions.
    9. P-1731--PHMSA proposes to IBR an updated version of IME SLP-23
(2021) titled, ``Recommendations for the Transportation of Explosives,
Division 1.5; Ammonium Nitrate Emulsions,

Division 5.1; and Combustible Liquids in Bulk Packaging.'' As discussed
in Sections III and IV of this proposed rule, this updates a previously
approved version of SLP-23 and provides necessary technical updates and
regulatory flexibility. As part of the updated SLP-23, IME included
packages designed for the safe transportation of Ammonium Nitrate
Emulsions. As part of the review of the IME proposals, PHMSA determined
these packages were adequate for the safe transportation of Ammonium
Nitrate Emulsions. Thus, PHMSA does not expect this proposal to have
any environmental impacts. Similarly, PHMSA does not expect this
revision to result in any increase to GHG emissions.
    10. P-1732--PHMSA proposes to amend 49 CFR 178.503(a)(6) by
allowing the last two digits of the year of certification to be marked
on a type 4 packagings, rather than the last two digits of the year of
manufacture. As discussed in Sections III and IV of this proposed rule,
PHMSA has determined that the only effect of the proposed revision is
that package manufacturers would not need to update printing plates
annually. Instead, they would only need to update plates biennially,
resulting in a small reduction in regulatory burden. PHMSA expects that
this proposal will provide regulatory flexibility to the regulated
community without a reduction in safety. For these reasons, PHMSA does
not expect this proposal to have any environmental impacts. Similarly,
PHMSA does not expect this revision to result in any increase to GHG
emissions.
    11. P-1734--PHMSA proposes to revise 49 CFR 172.514(c) by
incorporating the provisions in DOT SP-16295, which would add an option
for smaller placards for IBCs carrying combustible liquids. As
discussed in Sections III and IV of this proposed rule, this proposal
does not change the safety requirements for the transportation or
filling of an IBC. PHMSA expects that this proposal will provide
regulatory flexibility to the regulated community without a reduction
in safety. For these reasons, PHMSA does not expect this proposal to
have any environmental impacts. Similarly, PHMSA does not expect this
revision to result in any increase to GHG emissions.
    12. P-1736--IME proposes that PHMSA IBR IME SLP-22 (2019),
``Recommendations for the Safe Transportation of Detonators in a
Vehicle with Certain Other Explosive Materials.'' As discussed in
Sections III and IV of this proposed rule, PHMSA conducted a technical
review and examined each of these revisions included in SLP-22 (2019)
and asserts that these changes will either maintain or enhance safety
requirements. Additionally, PHMSA expects that this proposal will
provide regulatory flexibility to the regulated community without a
reduction in safety. The proposal may result in minor positive
environmental impacts due to less packaging failures due to an increase
in safety. Similarly, PHMSA does not expect this revision to result in
any increase to GHG emissions.
    13. P-1738--PHMSA proposes modifying the definition of liquids in
49 CFR 171.8 to include the test for determining fluidity (penetrometer
test), prescribed in section 2.3.4 of Annex A of the ADR. As discussed
in Sections III and IV of this proposed rule, PHMSA asserts that the
proposed test is more empirical in nature and provides better
understanding of the properties of the tested material and thus better
hazard classification. PHMSA expects that this proposal will provide
regulatory flexibility to the regulated community by offering an
additional test method and will not result in a reduction in safety. As
a result, PHMSA does not expect this proposal to have any environmental
impacts. Similarly, PHMSA does not expect this revision to result in
any increase to GHG emissions.
    14. P-1744--PHMSA proposes to IBR the updated Appendix A of CGA
publication C-7 (2020), ``Guide to Classification and Labeling of
Compressed Gases, Eleventh Edition,'' into the HMR at 49 CFR
171.7(n)(8). As discussed in Sections III and IV of this proposed rule,
this proposal updates a previously approved version of CGA C-7 and
provides necessary technical updates and regulatory flexibility. PHMSA
expects that this proposal will provide regulatory flexibility to the
regulated community without any reduction in safety. As a result, PHMSA
does not expect this proposal to have any environmental impacts.
Similarly, PHMSA does not expect this revision to result in any
increase to GHG emissions.
    15. P-1746--PHMSA proposes to IBR CGA C-27 (2019), ``Standard
Procedure to Derate the Service Pressure of DOT 3-Series Seamless Steel
Tubes, First Edition.'' As discussed in Sections III and IV of this
proposed rule, PHMSA has determined that the proposed method for
pressure derating of tubes is essentially the same as what is outlined
in current PHMSA guidance. PHMSA expects that this proposal will
provide regulatory flexibility to the regulated community without a
reduction in safety. Therefore, PHMSA does not expect this proposal to
have any environmental impacts. Similarly, PHMSA does not expect this
revision to result in any increase to GHG emissions.
    16. P-1747--PHMSA proposes to IBR CGA C-29 (2019), ``Standard for
Design Requirements for Tube Trailers and Tube Modules, First
Edition,'' which would supersede CGA TB-25 (2018), ``Design
Considerations for Tube Trailers.'' As discussed in Sections III and IV
of this proposed rule, PHMSA concludes that tube trailers or modules
manufactured in accordance with CGA C-29 are less likely to have
separation of tubes from the trailer or bundle, resulting in the
unintentional release of hazardous materials, when subjected to
multidirectional forces that can occur in highway collisions, including
rollover accidents. PHMSA expects that this proposal will increase
safety for the transportation of hazardous materials in tube trailers
because it may reduce the incidence of releases of hazardous materials
due to failure of tube mountings. Therefore, PHMSA does expect this
proposal may have minimal positive environmental impacts. PHMSA does
not expect this revision to result in any increase to GHG emissions.
    17. P-1748--PHMSA proposes to incorporate by reference CGA V-9
(2019), ``Compressed Gas Association Standard for Compressed Gas
Cylinder Valves, Eighth Edition.'' As discussed in Sections III and IV
of this proposed rule, this proposal updates a previously approved
version of CGA V-9 and provides necessary technical updates and
regulatory flexibility. PHMSA expects that this proposal will provide
regulatory flexibility to the regulated community without a reduction
in safety. PHMSA does not expect this proposal to have any
environmental impacts. Similarly, PHMSA does not expect this revision
to result in any increase to GHG emissions.
4. Agencies Consulted
    PHMSA has coordinated with the Federal Aviation Administration, the
Federal Motor Carrier Safety Administration, the Federal Railroad
Administration, the U.S. Coast Guard, and the Environmental Protection
Agency in the development of this proposed rule. PHMSA solicits and
will consider comments by members of the public, state and local
governments, tribal communities, industry, and any other interested
stakeholders regarding the NPRM's potential impacts on the human
environment.
5. Proposed Finding of No Significant Impact
    PHMSA expects the adoption of the ``Proposed Action Alternative''
will maintain the HMR's current high level

of safety for shipments of hazardous materials transported by highway,
rail, aircraft, and vessel, and as such finds the HMR amendments in the
NPRM would have no significant impact on the human environment. PHMSA
expects that the ``Proposed Action Alternative'' will avoid any adverse
safety, environmental justice, and GHG emissions impacts of the ``No
Action Alternative.'' Furthermore, based on PHMSA's analysis of these
provisions described above, PHMSA finds that codification and
implementation of this rule would not result in a significant impact to
the human environment.
    PHMSA welcomes any views, data, or information related to
environmental impacts that may result from NPRM's proposed
requirements, the No Action Alternative, and other viable alternatives
and their environmental impacts.

I. Environmental Justice

    DOT Order 5610.2C (``Department of Transportation Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations'') and Executive Orders 12898 (``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations''),\42\ 13985 (``Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government''),\43\ 13990
(``Protecting Public Health and the Environment and Restoring Science
to Tackle the Climate Crisis''),\44\ and 14008 (``Tackling the Climate
Crisis at Home and Abroad'') \45\ require DOT agencies to achieve
environmental justice as part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects, including interrelated social and
economic effects of their programs, policies, and activities on
minority populations, low-income populations, and other underserved and
disadvantaged communities.
---------------------------------------------------------------------------

    \42\ 59 FR 7629 (Feb. 11, 1994).
    \43\ 86 FR 7009 (Jan. 20, 2021).
    \44\ 86 FR 7037 (Jan. 20, 2021).
    \45\ 86 FR 7619 (Feb. 1, 2021).
---------------------------------------------------------------------------

    PHMSA has evaluated this proposed rule under the above Executive
orders and DOT Order 5610.2C. PHMSA does not expect the proposed rule,
if finalized, to cause disproportionately high and adverse human health
and environmental effects on minority, low-income, underserved, and
other disadvantaged populations and communities. The rulemaking is
facially neutral and national in scope; it is neither directed toward a
particular population, region, or community, nor is it expected to
adversely impact any particular population, region, or community. And
because PHMSA expects the rulemaking would not adversely affect the
safe transportation of hazardous materials generally, PHMSA does not
expect the proposed revisions would entail disproportionately high
adverse risks for minority populations, low-income populations, or
other underserved and other disadvantaged communities.
    PHMSA submits that the proposed rulemaking could, in fact, reduce
risks to minority populations, low-income populations, or other
underserved and other disadvantaged communities. Because the proposed
HMR amendments could avoid the release of hazardous materials and
reduce the frequency of delays and returned/resubmitted shipments of
hazardous materials resulting from conflict between the current HMR and
updated international standards, the proposed rule could reduce risks
to populations and communities--including any minority, low-income,
underserved and other disadvantaged populations and communities--in the
vicinity of interim storage sites and transportation arteries and hubs.
Additionally, as explained in the above discussion of NEPA, PHMSA
expects that its proposed HMR amendments will yield minimal GHG
emissions reductions, thereby reducing the risks posed by anthropogenic
climate change to minority, low-income, underserved, and other
disadvantaged populations and communities.
    PHMSA solicits comment from minority, low-income, underserved, and
other disadvantaged populations and communities on potential impacts of
the proposed rulemaking.

J. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform any amendments to the HMR considered in this
rulemaking. DOT posts these comments, without edit, including any
personal information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS). For
information on DOT's compliance with the Privacy Act, please see
www.dot.gov/privacy.

K. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609, ``Promoting International Regulatory
Cooperation,'' agencies must consider whether the impacts associated
with significant variations between domestic and international
regulatory approaches are unnecessary or may impair the ability of
American business to export and compete internationally. (See 77 FR
26413 (May 4, 2012)) In meeting shared challenges involving health,
safety, labor, security, environmental, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are or would be adopted in the absence of such
cooperation. International regulatory cooperation can also reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements. This proposed rule does not negatively impact
international trade.

L. Executive Order 13211

    Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') [66 FR
28355; May 22, 2001] requires Federal agencies to prepare a Statement
of Energy Effects for any ``significant energy action.'' Under the
executive order, a ``significant energy action'' is defined as any
action by an agency (normally published in the Federal Register) that
promulgates, or is expected to lead to the promulgation of, a final
rule or regulation (including a notice of inquiry, advanced notice of
proposed rulemaking (ANPRM), and NPRM) that: (1)(i) is a significant
regulatory action under Executive Order 12866 or any successor order,
and (ii) is likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) is designated by the
Administrator of the Office of Information and Regulatory Affairs
(OIRA) as a significant energy action.
    This rulemaking has not been designated as a significant regulatory
action and has not been designated by OIRA as a significant energy
action. In addition, PHMSA does not anticipate that this rulemaking
would result in a significant adverse effect on the supply,
distribution, or use of energy. Therefore, PHMSA has not prepared an
energy impact statement. PHMSA welcomes any data or information related
to energy impacts that may result from this NPRM, as well as possible
alternatives and their energy impacts. Please describe the impacts and
the basis for the comment.

M. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995
(NTTAA; 15 U.S.C. 272 note) directs Federal agencies to use voluntary
consensus standards in their regulatory activities

unless doing so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., specification of materials, test methods, or performance
requirements) that are developed or adopted by voluntary consensus
standards bodies. Consistent with the goals of the NTTAA, PHMSA has
adopted a significant number of voluntary consensus standards, which
are listed in 49 CFR 171.7.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements, Definitions and abbreviations.

49 CFR Part 172

    Hazardous materials transportation, Hazardous waste, Incorporation
by reference, Labeling, Markings, Packaging and containers, Reporting
and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference,
Training, Packaging and containers, Reporting and recordkeeping
requirements.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.

    In consideration of the foregoing, PHMSA proposes to amend 49 CFR
chapter I as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Section
4; Pub. L. 104-121 Sections 212-213; Pub. L. 104-134 Section 31001;
Pub. L. 114-74 Section 701 (28 U.S.C. 2461 note); 49 CFR 1.81 and
1.97; 33 U.S.C. 1321.

0
2. In Sec.  107.117, revise paragraph (a) to read as follows:

Sec.  107.117  Emergency processing.

    (a) An application is granted emergency processing if the Associate
Administrator, on the basis of the application and any inquiry
undertaken, finds that:
    (1) Emergency processing is necessary to prevent significant injury
to persons or property (other than the hazardous material to be
transported) that could not be prevented if the application were
processed on a routine basis;
    (2) Emergency processing is necessary for immediate national
security purposes;
    (3) Emergency processing is necessary to prevent significant
economic loss that could not be prevented if the application were
processed on a routine basis; or
    (4) Emergency processing is necessary in support of an essential
governmental (domestic or foreign) function that could not be satisfied
if the application were processed on a routine basis.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
3. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 701 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

0
4. In Sec.  171.7:
0
a. Revise paragraphs (n) and (r)(1) and (2);
0
b. In paragraph (dd)(4), remove the text ``Sec.  171.23'' and add, in
its place, the text ``Sec. Sec.  171.8; 171.23''; and
0
c. Add paragraph (dd)(5).
    The revisions and addition read as follows:

Sec.  171.7  Reference material.

* * * * *
    (n) Compressed Gas Association (CGA), 8484 Westpark Drive, Suite
220, McLean, VA 22102; telephone<PHONE_NUMBER>, www.cganet.com.
    (1) CGA C-1--2016, Methods for Pressure Testing Compressed Gas
Cylinders, Eleventh edition, copyright 2016; into Sec. Sec.  178.36;
178.37; 178.38; 178.39; 178.42; 178.44; 178.45; 178.46; 178.47; 178.50;
178.51; 178.53; 178.55; 178.56; 178.57; 178.58; 178.59; 178.60; 178.61;
178.65; 178.68; 180.205; 180.209.
    (2) CGA C-3--2005 (Reaffirmed 2011), Standards for Welding on Thin-
Walled Steel Cylinders, Seventh edition, copyright 2005; into
Sec. Sec.  178.47; 178.50; 178.51; 178.53; 178.55; 178.56; 178.57;
178.58; 178.59; 178.60; 178.61; 178.65; 178.68; 180.211.
    (3) CGA C-5, Cylinder Service Life--Seamless Steel High Pressure
Cylinders, 1991 (Reaffirmed 1995); into Sec.  173.302a.
    (4) CGA C-6--2013, Standards for Visual Inspection of Steel
Compressed Gas Cylinders, Eleventh edition, copyright 2013; into
Sec. Sec.  172.102; 173.3; 173.198; 180.205; 180.209; 180.211; 180.411;
180.519.
    (5) CGA C-6.1--2013, Standards for Visual Inspection of High
Pressure Aluminum Compressed Gas Cylinders, Sixth edition, copyright
2013 (corrected 4/14/2015); into Sec. Sec.  180.205; 180.209.
    (6) CGA C-6.2, Guidelines for Visual Inspection and Requalification
of Fiber Reinforced High Pressure Cylinders, Third edition, 1996; into
Sec.  180.205.
    (7) CGA C-6.3--2013, Standard for Visual Inspection of Low Pressure
Aluminum Alloy Compressed Gas Cylinders, Third edition, copyright 2013;
into Sec. Sec.  180.205; 180.209.
    (8) CGA C-7 (2020), Guide to Classification and Labeling of
Compressed Gases; Eleventh Edition; into Sec.  172.400a.
    (9) CGA C-8, Standard for Requalification of DOT-3HT Cylinder
Design, 1985; into Sec. Sec.  180.205; 180.209.
    (10) CGA C-11--2013, Practices for Inspection of Compressed Gas
Cylinders at Time of Manufacture, Fifth edition, copyright 2013; into
Sec.  178.35.
    (11) CGA C-12, Qualification Procedure for Acetylene Cylinder
Design, 1994; into Sec. Sec.  173.301; 173.303; 178.59; 178.60.
    (12) CGA C-13, Guidelines for Periodic Visual Inspection and
Requalification of Acetylene Cylinders, Fourth edition, 2000; into
Sec. Sec.  173.303; 180.205; 180.209.
    (13) CGA C-14--2005 (Reaffirmed 2010), Procedures for Fire Testing
of DOT Cylinder Pressure Relief Device Systems, Fourth edition,
copyright 2005; into Sec. Sec.  173.301; 173.323.
    (14) CGA C-20 (2014), Requalification Standard for Metallic, DOT
and TC 3-series Gas Cylinders and Tubes Using Ultrasonic Examination
(Second Edition); into Sec.  180.205.
    (15) CGA C-23 (2018), Standard for Inspection of DOT/TC 3 Series
and ISO 11120, Tube Neck Mounting Surfaces (Second Edition); into
Sec. Sec.  180.205; 180.207.
    (16) CGA C-27 (2019), Standard Procedure to Derate the Service
Pressure of DOT Series Seamless Steel Tubes (First Edition); into Sec.
180.212.
    (17) CGA C-29 (2019), Standard for Design Requirements for Tube
Trailers and Tube Modules (First Edition); into Sec.  173.301.
    (18) CGA G-1.6--2011, Standard for Mobile Acetylene Trailer
Systems,

Seventh edition, copyright 2011; into Sec.  173.301.
    (19) CGA G-2.2, Guideline Method for Determining Minimum of 0.2%
Water in Anhydrous Ammonia, Second edition, 1985 (Reaffirmed 1997);
into Sec.  173.315.
    (20) CGA G-4.1, Cleaning Equipment for Oxygen Service, 1985; into
Sec.  178.338-15.
    (21) CGA P-20, Standard for the Classification of Toxic Gas
Mixtures, Third edition, 2003; into Sec.  173.115.
    (22) CGA S-1.1--2011, Pressure Relief Device Standards--Part 1--
Cylinders for Compressed Gases; Fourteenth edition, copyright 2011;
into Sec. Sec.  173.301; 173.304a; 178.75.
    (23) CGA S-1.2, Safety Relief Device Standards Part 2--Cargo and
Portable Tanks for Compressed Gases, 1980; into Sec. Sec.  173.315;
173.318; 178.276; 178.277.
    (24) CGA S-7--2013, Standard for Selecting Pressure Relief Devices
for Compressed Gas Mixtures in Cylinders, Fifth edition, copyright
2013; into Sec.  173.301.
    (25) CGA Technical Bulletin TB-2, Guidelines for Inspection and
Repair of MC-330 and MC-331 Cargo Tanks, 1980; into Sec. Sec.  180.407;
180.413.
    (26) CGA Technical Bulletin TB-25 (CGA TB-25), Design
Considerations for Tube Trailers, 2008 Edition; into Sec.  173.301.
    (27) CGA V-9 (2019), Compressed Gas Association Standard for
Compressed Cylinder Valves, Eighth Edition; into Sec.  173.301.
* * * * *
    (r) * * *
    (1) IME Standard 22, IME Safety Library Publication No. 22,
Recommendations for the Safe Transportation of Detonators in a Vehicle
with Certain Other Explosive Materials, June 2019; into Sec. Sec.
173.63; 177.835.
    (2) IME Standard 23, IME Safety Library Publication No. 23,
Recommendations for the Transportation of Explosives, Division 1.5,
Ammonium Nitrate Emulsions, Division 5.1, Combustible Liquids, Class 3,
and Corrosives, Class 8 in Bulk Packaging, March 2021, into Sec. Sec.
172.102; 173.66; 173.251; 177.835.
* * * * *
    (dd) * * *
    (5) Recommendations on Test Series 8: Applicability of Test Series
8(d), June 2019; into Sec.  172.102.
* * * * *
0
5. In Sec.  171.8, revise the definition of ``Liquid'' to read as
follows:

Sec.  171.8  Definitions and abbreviations.

* * * * *
    Liquid means a material, other than an elevated temperature
material, with a melting point or initial melting point of 20 [deg]C
(68 [deg]F) or lower at a standard pressure of 101.3 kPa (14.7 psia). A
viscous material for which a specific melting point cannot be
determined must be subjected to the procedures specified in ASTM D 4359
(IBR, see Sec.  171.7) or to the test for determining fluidity
(penetrometer test) prescribed in section 2.3.4. of Annex A of the
Agreement Concerning the International Carriage of Dangerous Goods by
Road (ADR) (IBR, see Sec.  171.7).
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS

0
6. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.

0
7. In Sec.  172.101, the Hazardous Materials Table is amended by
revising the entries under ``[REVISE]'' to read as follows:

Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

                                                                                Sec.   172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                (8)                                        (9)                             (10)
                    Hazardous                                                                                --------------------------------------------------------------------------------------------------------------------
                    materials        Hazard                                                             Special                  Packaging (Sec.   173.***)              Quantity limitations (see Sec.           Vessel stowage
   Symbols      descriptions and    class or     Identification          PG          Label codes       provisions   ---------------------------------------------------     Sec.   173.27 and 175.75)    -------------------------------
                 proper shipping    division          Nos.                                               (Sec.                                                         ----------------------------------
                      names                                                                             172.102)        Exceptions        Non-bulk           Bulk          Passenger      Cargo aircraft     Location          Other
                                                                                aircraft/rail         only
(1)            (2)...............         (3)  (4)                (5)............  (6)............  (7)............  (8A)...........  (8B)...........  (8C)...........  (9A)...........  (9B)...........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REVISE]

                                                                                * * * * * * *
               Ammonium nitrate           5.1  UN3375             II.............  5.1............  147, 148, 163,   None...........  231............  251............  Forbidden......  Forbidden......  D.............  25, 59, 60,
                emulsion or                                                                          IB2, IP16,                                                                                66, 124
                Ammonium nitrate                                                                     TP48.
                suspension or
                Ammonium nitrate
                gel, intermediate
                for blasting
                explosives.

                                                                                * * * * * * *
               Explosive,                1.5D  UN0332             ...............  1.5D...........  105, 106, 148,   None...........  62.............  None...........  Forbidden......  Forbidden......  03............  25, 19E
                blasting, type E                                                                     TP48.
                or Agent
                blasting, Type E.

                                                                                * * * * * * *
G............  Oxidizing liquid,          5.1  UN3139             I..............  5.1............  62, 127, A2....  None...........  201............  243............  Forbidden......  2.5 L..........  D.............  56, 58, 138
                n.o.s.
                                                                  II.............  5.1............  62, 127, 148,    152............  202............  242............  1 L............  5 L............  B.............  56, 58, 138
                                                                                A2, IB2, TP48.
                                                                  III............  5.1............  62, 127, 148,    152............  203............  241............  2.5 L..........  30 L...........  B.............  56, 58, 138
                                                                                A2, IB2.

                                                                                * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
0
8. In Sec.  172.102:
0
a. In paragraph (c)(1), revise special provision 148; and
0
b. In paragraph (c)(8)(ii), add special provision TP48 in numerical
order.
    The revision and addition read as follows:

Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    148 For domestic transportation, this entry directs to Sec.  173.66
of this subchapter for:
    a. The standards for transporting a single bulk hazardous material
for blasting by cargo tank motor vehicles (CTMV); and
    b. The standards for CTMVs capable of transporting multiple
hazardous materials for blasting in bulk and non-bulk packagings (i.e.,
a multipurpose bulk truck). Note: ``UN3375, Ammonium nitrate emulsion''
and ``UN0332, Explosive, blasting, type E or Agent blasting, Type E''
are subject to the United Nations (UN) Test Series 8(d) (IBR, see Sec.
171.7 of this subchapter), otherwise known as the Vented Pipe Test
(VPT).
* * * * *
    (8) * * *
    (ii) * * *
    TP48 The use of IM 101 and 102 portable tanks when transported in
accordance with IME Standard 23 (IBR, see Sec.  171.7 of this
subchapter).
* * * * *
0
9. In Sec.  172.514, revise paragraph (c)(4) to reads as follows:

Sec.  172.514  Bulk packagings.

* * * * *
    (c) * * *
    (4) For an intermediate bulk container (IBC) labeled in accordance
with subpart E of this part, the IBC may display the proper shipping
name and UN identification number markings in accordance with Sec.
172.301(a)(1) in place of the UN number on an orange panel, placard, or
white square-on-point configuration as prescribed in Sec.  172.336(d).
Additionally, IBCs containing a combustible liquid may be placarded
with a combustible placard that meets the label specifications for size
in Sec.  172.407(c). However, a transport vehicle containing IBCs with
a reduced-size combustible placard is still required to conform to the
placarding requirements in this subpart, including the size
requirements in Sec.  172.519(c); and
* * * * *

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

0
10. The authority citation for part 173 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.

0
11. In Sec.  173.4b, revise the introductory text to paragraph (a) to
read as follows:

Sec.  173.4b  De minimis exceptions.

    (a) When packaged in accordance with this section, the following
materials do not meet the definition of a hazardous material in Sec.
171.8 of this subchapter and therefore, are not subject to the
requirements of this subchapter: Packing Group II and III materials of
hazard Class 3, Division 4.1, Division 4.2, Division 4.3, Division 5.1,
Class 8, and Class 9; and materials of hazard Division 6.1 (no
inhalation hazard).
* * * * *
0
12. In Sec.  173.115, revise the introductory text to paragraph (e) to
read as follows:

Sec.  173.115  Class 2, Divisions 2.1, 2.2, and 2.3--Definitions.

* * * * *
    (e) Liquefied compressed gas. A gas, which when packaged under
pressure for transportation is partially liquid at temperatures above -
50 [deg]C (-58 [deg]F), is considered to be a liquefied compressed gas.
Gas mixtures with component(s) that are liquefied gases may be
described using the hazardous materials description of a compressed gas
in the 49 CFR 172.101 Hazardous Materials Table when the partial
pressure(s) of the liquefied gas component(s) in the mixture are
reduced so that the mixture is entirely in the gas phase at 20[deg]C
(68[deg]F). A liquefied compressed gas is further categorized as
follows:
* * * * *
0
13. In Sec.  173.185, revise the introductory text to paragraph (c)(3)
to read as follows:

Sec.  173.185  Lithium cells and batteries.

* * * * *
    (c) * * *
    (3) Hazard communication. Each package must display the lithium
battery mark except when a package contains only button cell batteries
contained in equipment (including circuit boards), or when a
consignment contains two packages or fewer where each package contains
not more than four lithium cells or two batteries contained in
equipment.
* * * * *
0
14. In Sec.  173.251, add paragraph (a)(3) to read as follows:

Sec.  173.251  Bulk packaging for ammonium nitrate emulsion,
suspension, or gel.

* * * * *
    (a) * * *
    (3) This section does not apply to ``UN3375, Ammonium Nitrate
Emulsion'' when transported in IM 101 or 102 portable tanks in
accordance with IME Standard 23 (IBR, see Sec.  171.7 of this
subchapter).
* * * * *
0
15. In Sec.  173.301, revise paragraph (i)(2) to read as follows:

Sec.  173.301  General requirements for shipment of compressed gases
and other hazardous materials in cylinders, UN pressure receptacles and
spherical pressure vessels.

* * * * *
    (i) * * *
    (2) Seamless DOT specification cylinders longer than 2 m (6.5 ft)
are authorized for transportation only when horizontally mounted on a
motor vehicle or in an ISO framework or other framework of equivalent
structural integrity in accordance with CGA C-29 (IBR, see Sec.  171.7
of this subchapter). Seamless DOT specification cylinders longer than 2
m (6.5 ft) manufactured prior to May 11, 2009, may continue to use CGA
TB-25. The pressure relief device must be arranged to discharge
unobstructed to the open air. In addition, for Division 2.1 (flammable
gas) material, the pressure relief devices must be arranged to
discharge upward to prevent any escaping gas from contacting personnel
or any adjacent cylinders.
* * * * *
0
16. In Sec.  173.302a:
0
a. Remove the semicolons at the ends of paragraphs (c)(1) and (2) and
add periods in their places;
0
b. Revise paragraphs (c)(3) and (4); and
0
c. Add paragraphs (c)(5) through (7).
    The revisions and additions read as follows:

Sec.  173.302a  Additional requirements for shipment of non-liquefied
(permanent) compressed gases in specification cylinders.

* * * * *
    (c) * * *
    (3) DOT specification 3A and 3AX cylinders are limited to those
having an intermediate manganese composition.
    (4) Cylinders manufactured with intermediate manganese steel must
have been normalized, not quenched and tempered. Quench and temper
treatment of intermediate steel is not authorized.
    (5) Cylinders manufactured with chrome moly steel must have been
quenched and tempered, not

normalized. Use of normalized chrome moly steel cylinders is not
permitted.
    (6) Cylinders must be equipped with pressure relief devices sized
and selected as to type, location, and quantity, and tested in
accordance with Sec.  173.301(f).
    (7) A plus sign (+) is added following the test date marking on the
cylinder.
* * * * *
0
17. In Sec.  173.302b, add paragraph (f) to read as follows:

Sec.  173.302b  Additional requirements for shipment of non-liquefied
(permanent) compressed gases in UN pressure receptacles.

* * * * *
    (f) Methane, compressed, or natural gas, compressed, UN1971.
Methane, compressed, or natural gas, compressed is authorized in a UN
seamless steel pressure receptacle under the following conditions:
    (1) For methane, and for natural gas with a methane content of 98.0
percent or greater--
    (i) The maximum tensile strength of the UN seamless steel pressure
receptacle may not exceed 1100 MPa (159,542 psi); and
    (ii) The contents are commercially free of corroding components.
    (2) For natural gas with a methane content of less than 98.0
percent--
    (i) The maximum tensile strength of the UN seamless steel pressure
receptacle may not exceed 950 MPa (137,750 psi);
    (ii) Each discharge end of a UN refillable seamless steel tube must
be equipped with an internal drain tube; and
    (iii) The moisture content and concentration of the corroding
components must conform to the requirements in Sec.  173.301b(a)(2).
0
18. In Sec.  173.304, revise paragraph (d) to read as follows:

Sec.  173.304  Filling of cylinders with liquefied compressed gases.

* * * * *
    (d) Refrigerant and dispersant gases. (1) Nontoxic and nonflammable
refrigerant or dispersant gases must be offered for transportation in
cylinders prescribed in Sec.  173.304a, or in DOT 2P, 2Q, or 2Q1
containers (Sec. Sec.  178.33, 178.33a, and 178.33d-2 of this
subchapter). DOT 2P, 2Q, and 2Q1 containers must be packed in strong
outer packagings designed to protect valves from damage or accidental
functioning under conditions incident to transportation. For DOT 2P and
2Q containers, the pressure inside the containers may not exceed 87
psia at 21.1 [deg]C (70 [deg]F). For 2Q1 containers, the pressure
inside the container may not exceed 210 psig at 55 [deg]C (131 [deg]F).
Each completed metal container filled for shipment must be heated until
its contents reach a minimum temperature of 55 [deg]C (131 [deg]F)
without evidence of leakage, distortion, or other defect. Each outer
package must be plainly marked ``INSIDE CONTAINERS COMPLY WITH
PRESCRIBED SPECIFICATIONS''.
    (2) The following hydrofluorocarbons are prohibited from being
filled or transported in non-refillable cylinders pursuant to the
phaseout conditions identified in paragraphs (d)(2)(i) through (iii) of
this section:

              Table 1 to Paragraph (d)(2) Introductory Text
------------------------------------------------------------------------
               Chemical name                         Common name
------------------------------------------------------------------------
CHF2CHF2..................................  HFC-134.
CH2FCF3...................................  HFC-134a
CH2FCHF2..................................  HFC-143.
CHF2CH2CF3................................  HFC-245fa
CF3CH2CF2CH3..............................  HFC-365mfc.
CF3CHFCF3.................................  HFC-227ea.
CH2FCF2CF3................................  HFC-236cb.
CHF2CHFCF3................................  HFC-236ea.
CF3CH2CF3.................................  HFC-236fa.
CH2FCF2CHF2...............................  HFC-245ca.
CF3CHFCHFCF2CF3...........................  HFC-43-10mee.
CH2F2.....................................  HFC-32.
CHF2CF3...................................  HFC-125.
CH3CF3....................................  HFC-143a.
CH3F......................................  HFC-41.
CH2FCH2F..................................  HFC-152.
CH3CHF2...................................  HFC-152a.
CHF3......................................  HFC-23.
------------------------------------------------------------------------

    (i) As of January 1, 2025, no person may:
    (A) Import a non-refillable cylinder filled with a material
identified in table 1 to paragraph (d)(2) introductory text of this
section; or
    (B) Fill a non-refillable cylinder with a material identified in
table 1 to paragraph (d)(2) introductory text of this section.
    (ii) As of January 1, 2027, no person may offer for transportation
or transport a material identified in table 1 to paragraph (d)(2)
introductory text of this section in a non-refillable cylinder.
    (iii) A container with two pounds or less of net material listed in
table 1 to paragraph (d)(2) introductory text of this section that has
a self-sealing valve that meets the requirements in 40 CFR 82.154(c)(2)
is not subject to this prohibition.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
19. The authority citation for part 178 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
20. In Sec.  178.503, revise paragraph (a)(6) to read as follows:

Sec.  178.503  Marking of packagings.

    (a) * * *
    (6) The last two digits of the year of manufacture. Packagings of
types 1H and 3H shall also be marked with the month of manufacture in
any appropriate manner; this may be marked on the packaging in a
different place from the remainder of the markings. For boxes, the last
two digits may alternatively be the year of certification;
* * * * *
0
21. In Sec.  178.601:
0
a. Redesignate paragraphs (g)(6) through (8) as paragraphs (g)(7)
through (9);
0
b. Add new paragraph (g)(6); and
0
c. Revise newly-redesignated paragraph (g)(8).
    The addition and revision read follows:

Sec.  178.601  General requirements.

* * * * *
    (g) * * *
    (6) Selective testing of combination packagings for small arms
ammunition. Variation 6. Variations in inner and intermediate
packagings are permitted in packages for articles containing solid
hazardous materials without further testing of the package under the
following conditions:
    (i) The package has been tested containing only the articles to be
transported without intermediate containment;
    (ii) The outer packaging must have passed the stacking test set
forth in Sec.  178.606 when empty, i.e., without cushioning or inner or
intermediate packagings with the test mass of identical packages being
the mass of the package filled with the articles;
    (iii) Only articles tested without intermediate containment may be
transported; however, a variety of articles tested in this fashion may
be assembled in a package with intermediate containment;
    (iv) No articles demonstrate a loss of material in testing; and
    (v) The completed package does not exceed the marked maximum gross
mass of the package.
* * * * *
    (8) Approval of selective testing. In addition to the provisions of
paragraphs (g)(1) through (7) of this section, the Associate
Administrator may approve the selective testing of packagings that
differ only in minor respects from a tested type.
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
22. The authority citation for part 180 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
23. In Sec.  180.205:
0
a. Add paragraph (c)(5);
0
b. Remove the word ``or'' at the end of paragraph (d)(4);
0
c. Redesignate paragraph (d)(5) as paragraph (d)(6) and add new
paragraph (d)(5);
0
d. Revise paragraphs (e)(2) and (f);
0
e. Redesignate paragraphs (h) through (j) as paragraphs (i) through (k)
and add new paragraph (h); and
0
f. Revise newly-redesignated paragraphs (i)(1) and (j)(2)(i)(C).
    The additions and revisions read as follows:

Sec.  180.205  General requirements for requalification of
specification cylinders.

* * * * *
    (c) * * *
    (5) Each 3-series specification cylinder that is horizontally
mounted on a motor vehicle or in a framework and that is: 12 feet or
longer; has an outside diameter greater than or equal to 18 inches; and
is supported by the neck mounting surface during transportation in
commerce must be inspected at the time of requalification in accordance
with CGA C-23 (IBR, see Sec.  171.7 of this subchapter). If the due
date of the tube neck mounting surface inspection required by CGA C-23
does not align with the periodic requalification due date of the
specification cylinder, an additional two years shall be allowed after
the 10-year requalification due date to complete the neck inspection.
After the expiration of the time period, including the two-year grace
period, specification cylinders subject to the CGA C-23 inspection
shall not be charged or filled but may be transported for the purposes
of draining, purging, and performing required inspections.
    (d) * * *
    (5) For a cylinder subject to paragraph (c)(5) of this section, if
there is visible corrosion around the neck or under the flange/sleeve,
as outlined in Section 4.2 of CGA C-23, it must be removed and examined
in accordance with CGA C-23 before being returned to service; or
* * * * *
    (e) * * *
    (2) Requalified in accordance with this section, regardless of the
date of the previous requalification. When requalification is performed
using ultrasonic examination, the cylinder must be visually inspected
in accordance with paragraph (e)(1) of this section;
* * * * *
    (f) Visual inspection. Except as otherwise provided in this
subpart, each time a cylinder is pressure tested, it must be given an
internal and external visual inspection.
    (1) The visual inspection must be performed in accordance with the
following CGA Pamphlets (all IBR, see Sec.  171.7 of this subchapter):
C-6 for steel and nickel cylinders; C-6.1 for seamless aluminum
cylinders; C-6.2 for fiber reinforced composite special permit
cylinders; C-6.3 for low pressure aluminum cylinders; C-8 for DOT 3HT
cylinders; and C-13 for DOT 8 series cylinders.
    (2) If a cylinder or tube is requalified by ultrasonic examination,
only an external visual inspection is required.
    (3) For each cylinder with a coating or attachments that would
inhibit inspection of the cylinder, the coating or attachments must be
removed before performing the visual inspection.
    (4) Each cylinder subject to visual inspection must be approved,
rejected, or condemned according to the criteria in the applicable CGA
pamphlet.
    (5) In addition to other requirements prescribed in this paragraph
(f), each specification cylinder manufactured of aluminum alloy 6351-T6
and used in self-contained underwater breathing apparatus (SCUBA),
self-contained breathing apparatus (SCBA), or oxygen service must be
inspected for sustained load cracking in accordance with appendix C to
this part at the first scheduled five-year requalification period after
January 1, 2007, and every five years thereafter.
    (6) Except in association with an authorized repair, removal of
wall thickness via grinding, sanding, or other means is not permitted.
Removal of paint or loose material to prepare the cylinder for
inspection is permitted (i.e., shot blasting).
    (7) Chasing of cylinder threads to clean them is permitted, but
removal of metal must not occur. Retapping of cylinder threads is not
permitted, except by the original manufacturer, as provided in Sec.
180.212.
* * * * *
    (h) Ultrasonic examination (UE). Requalification of cylinders and
tubes using UE must be performed in accordance with CGA C-20 (IBR, see
Sec.  171.7 of this subchapter).
* * * * *
    (i) * * *
    (1) Except as provided in paragraphs (i)(3) and (4) of this
section, a cylinder that is rejected may not be marked as meeting the
requirements of this section.
* * * * *
    (j) * * *
    (2) * * *
    (i) * * *
    (C) As an alternative to the stamping or labeling as described in
this paragraph (j)(2), at the direction of the owner, the requalifier
may render the cylinder incapable of holding pressure. If a condemned
cylinder contains hazardous materials, the requalifier must stamp the
cylinder ``CONDEMNED'' and affix a readily visible label on the
cylinder stating: ``UN REJECTED, RETURNING TO ORIGIN FOR PROPER
DISPOSITION.'' The requalifier may only transport the condemned
cylinder by private motor vehicle carriage to a facility capable of
safely removing the contents of the cylinder.
* * * * *
0
24. In Sec.  180.207, revise paragraph (d)(1) to read as follows:

Sec.  180.207  Requirements for requalification of UN pressure
receptacles.

* * * * *
    (d) * * *
    (1) Seamless steel. (i) Each seamless steel UN pressure receptacle,
including pressure receptacles exceeding 150 L capacity installed in
multiple-element gas containers (MEGCs) or in other service, must be
requalified in accordance with ISO 6406:2005(E) (IBR, see Sec.  171.7
of this subchapter). However, UN cylinders with a tensile strength
greater than or equal to 950 MPa must be requalified by ultrasonic
examination in accordance with ISO 6406:2005(E). For seamless steel
cylinders and tubes, the internal inspection and hydraulic pressure
test may be replaced by a procedure conforming to ISO 16148:2016(E)
(IBR, see Sec.  171.7 of this subchapter).
    (ii) Each seamless steel UN pressure receptacle that is
horizontally mounted on a motor vehicle or in a framework and that: is
12 feet or longer; has an outside diameter greater than or equal to 18
inches; and is supported by a neck mounting surface during
transportation must be inspected at the time of requalification in
accordance with CGA C-23 (IBR, see Sec.  171.7 of this subchapter).
Notwithstanding the periodic inspection, if the seamless steel UN
pressure receptacle shows visible corrosion, as outlined in Section 4.2
of CGA C-23, around the neck or under the flange/sleeve, then it must
be removed and examined in accordance with Section 6 of CGA C-23 prior
to returning to service.
* * * * *

0
25. In Sec.  180.209:
0
a. Revise paragraph (d) and the introductory text to paragraph (m); and
0
b. Designate the table immediately following the introductory text to
paragraph (m) as table 4 to paragraph (m).
    The revisions read as follows:

Sec.  180.209  Requirements for requalification of specification
cylinders.

* * * * *
    (d) Cylinders 5.44 kg (12 lb) or less with service pressures of 300
psig or less. A cylinder of 5.44 kg (12 lb) or less water capacity
authorized for service pressure of 300 psig or less must be given a
complete external visual inspection at the time periodic
requalification becomes due. External visual inspection must be in
accordance with CGA C-6 or C-6.1 (IBR, see Sec.  171.7 of this
subchapter). The cylinder may be proof pressure tested. The test is
successful if the cylinder, when examined under test pressure, does not
display a defect described in Sec.  180.205(j)(1)(ii) or (iii). Upon
successful completion of the test and inspection, the cylinder must be
marked in accordance with Sec.  180.213.
* * * * *
    (m) DOT-3AL cylinders manufactured of 6351-T6 aluminum alloy. In
addition to the periodic requalification and marking described in Sec.
180.205, each cylinder manufactured of aluminum alloy 6351-T6 used in
self-contained underwater breathing apparatus (SCUBA), self-contained
breathing apparatus (SCBA), or oxygen service must be requalified and
inspected for sustained load cracking in accordance with the non-
destructive examination method described in the following table. Each
cylinder with sustained load cracking that has expanded into the neck
threads must be condemned in accordance with Sec.  180.205(j). This
paragraph (m) does not apply to cylinders used for carbon dioxide, fire
extinguisher, or other industrial gas service.
* * * * *
0
26. In Sec.  180.212, add paragraph (a)(4) and revise paragraph (b)(2)
to read as follows:

Sec.  180.212  Repair of seamless DOT 3-series specification cylinders
and seamless UN pressure receptacles.

    (a) * * *
    (4) Derating service pressure of DOT 3-series seamless steel tubes.
DOT 3-series seamless steel tubes with an outside diameter greater than
9\5/8\ in (244.5 mm) may be processed by a repair facility for derating
the marked service pressure in accordance with CGA C-27 (IBR, see Sec.
171.7 of this subchapter).
    (b) * * *
    (2) External rethreading of a DOT 3AX, 3AAX, or 3T specification
cylinder or a UN pressure receptacle, and external threading of a
seamless DOT 3AX, 3AAX, or 3T specification cylinder or seamless UN
pressure receptacle originally manufactured without external threads;
or the internal rethreading of a DOT-3 series cylinder or a seamless UN
pressure receptacle when performed by a cylinder manufacturer of these
types of cylinders. The repair work must be performed under the
supervision of an independent inspection agency. Upon completion of the
rethreading or post-manufacture threading, the threads must be gauged
in accordance with Federal Standard H-28 or an equivalent standard
containing the same specification limits. The rethreaded cylinder or UN
pressure receptacle must be stamped clearly and legibly with the words
``RETHREAD'' and a post-manufacture threaded cylinder or UN pressure
receptacle must be stamped clearly and legibly with the words ``POST-
THREAD'', on the shoulder, top head, or neck. No DOT specification
cylinder or UN pressure receptacle may be rethreaded more than one time
without approval of the Associate Administrator.

    Signed in Washington, DC, on February 14, 2023, under authority
delegated in 49 CFR 1.97(b).
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2023-03366 Filed 3-2-23; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Notices]
[Page 31873]
[FR Doc No: 2022-11241]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD22-9-000]

Notice of New England Winter Gas-Electric Forum

    Take notice that the Federal Energy Regulatory Commission
(Commission) will convene a forum on Thursday, September 8, 2022, from
approximately 8:00 a.m. to 5:00 p.m. Eastern Time. The forum will be
held in Burlington, Vermont and will be open to the public.
    The purpose of this forum is to discuss the electricity and natural
gas challenges facing the New England Region. The objective of the
forum is to achieve greater understanding among stakeholders in
defining the electric and natural gas system challenges in the New
England Region.
    Registration for in-person attendance will be required and there is
no fee for attendance. The forum will also be available on webcast. A
supplemental notice will be issued with further details regarding the
forum agenda, as well as any updates in timing and logistics, including
registration for members of the public and the nomination process for
panelists. Information will also be posted on the Calendar of Events on
the Commission's website, www.ferc.gov, prior to the event. The forum
will be transcribed.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to [email protected], call toll-free<PHONE_NUMBER>
(voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For more information about this forum, please contact
[email protected] for technical or logistical questions.

    Dated: May 19, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-11241 Filed 5-24-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 2, 2006 (Volume 71, Number 212)]
[Notices]
[Page 64596]
[DOCID:fr02no06-86]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54655; File No. SR-NYSEArca-2006-48]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving
Proposed Rule Change To Amend NYSE Arca Equities, Inc.'s Clearly
Erroneous Executions Rule To Include an Appeal Fee for the NYSE Arca
Marketplace (f/k/a the Archipelago Exchange)

October 26, 2006.
    On August 11, 2006, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') a
proposed rule change pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ to
assess a fee associated with the appeals process of NYSE Arca Equities,
Inc. (``NYSE Arca Equities'') Rule 7.10. The proposed rule change was
published for comment in the Federal Register on September 22, 2006.\3\
The Commission received no comments on the proposal. This order
approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 54466 (September 18,
2006), 71 FR 55537.
---------------------------------------------------------------------------

    NYSE Arca proposes to amend NYSE Arca Equities Rule 7.10 governing
clearly erroneous executions (``CEEs'') on the NYSE Arca Marketplace
(f/k/a the Archipelago Exchange), the equities trading facility of NYSE
Arca Equities. Specifically, under the proposed rule change, if an
Equity Trading Permit (``ETP'') Holder appeals a CEE decision made by
an NYSE Arca Equities officer to the CEE Panel and the CEE Panel
subsequently upholds the decision, the ETP Holder would be assessed a
$500.00 fee. The Exchange believes that assessing a $500.00 fee against
any ETP Holder who appeals a CEE decision that is subsequently upheld
by the CEE Panel would discourage frivolous and abusive uses of the CEE
appeal process. The Exchange noted that some ETP Holders have taken
advantage of the appeals process by appealing all decisions in which
they are involved, including decisions that involve a de minimis value.
    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\4\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\5\ which requires that the
rules of an exchange provide for the equitable allocation of reasonable
dues, fees, and other charges among its members and issuers and other
persons using its facilities, and with Section 6(b)(5) of the Act,\6\
which requires that the rules of an exchange be designed to promote
just and equitable principles of trade, remove impediments to and
perfect the mechanism of a free and open market and a national
securities system, and, in general, protect investors and the public
interest. The Commission believes that the proposed fee is reasonable
as a method to discourage frivolous uses by ETP Holders of the
Exchange's CEE appeal process. In addition, the Commission believes
that the proposal would not unduly affect the rights of an ETP Holder
to appeal to the CEE Panel the decisions of NYSE Arca Equities officers
with respect to transactions that are alleged to involve a clearly
erroneous execution.
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    \4\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ 15 U.S.C. 78f(b)(5).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\7\ that the proposed rule change (SR-NYSEArca-2006-48) is
approved.
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    \7\ 15 U.S.C. 78s(b)(2).
    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
Nancy M. Morris,
Secretary.
 [FR Doc. E6-18449 Filed 11-1-06; 8:45 am]

BILLING CODE 8011-01-P