packaging. The 2021-2022 ICAO Technical Instructions clarified that
marks, in particular those that are applied in a similar manner to
self-adhesive labels, must be applied on one side of a package (i.e.,
not folded over an edge). Prior to these amendments, only hazard
communication labels were required to be applied to a single side of a
package and prohibited from being folded around the edge of a package.
This requirement was extended to markings to ensure visibility and to
communicate hazard(s) to the greatest extent possible. Consistent with
the ICAO Technical Instructions, PHMSA is adding a new paragraph (b)(3)
to require that--for air transport--the entire limited quantity mark
must appear on one side of the package. PHMSA received a comment from
DGAC in support of this revision. For detail on the rationale for this
requirement, see SECTION 172.406 of the Section-by-Section Review of
Amendments.
Section 172.322
    Section 172.322 prescribes the marking requirements for hazardous
materials that are also marine pollutants. Consistent with revisions in
Special Provision 441 and Sec.  172.203(l)(1) discussed above, PHMSA is
limiting the scope of hazardous materials which are marine pollutants,
that are subject to this technical name marking requirement.
Specifically, PHMSA applies the technical name marking to proper
shipping names that have a ``G'' assigned in column (1) of the Sec.
172.101 Hazardous Materials Table or have the text ``n.o.s.'' as part
of the proper shipping name. PHMSA also adds language directing
shippers using ``UN3077, Environmentally hazardous substance, solid,
n.o.s.'' or ``UN3082, Environmentally hazardous substance, liquid,
n.o.s.,'' to Special Provision 441 for additional requirements.
Section 172.406
    Section 172.406 specifies the requirements for the placement of
labels on a package. The 2021-2022 ICAO Technical Instructions
clarified that marks, in particular those that are applied in a similar
manner to self-adhesive labels, must be applied on one side of a
package. The ICAO Technical Instructions have long required that all
hazard communication labels not be folded (around the edge of a
packages) and be applied to a single side. This requirement was
introduced to ensure visibility and communicate hazard(s) to the
greatest extent possible. In a working group session, the ICAO
Dangerous Goods Panel agreed that extending this labeling requirement
to marks was appropriate as marks, like labels, provide hazard
communication. While PHMSA has not specifically prohibited extending
labels onto other sides of packaging and allows the use of smaller
labels to accommodate smaller packagings, PHMSA appreciates the need
for readily visible hazard communication by air. Therefore, for the
sake of harmonizing with the ICAO Technical Instructions, and to ensure
visibility to communicate hazards to the greatest extent possible,
PHMSA is adding specific restrictions on wrapping marks and labels for
shipments that are transported by air.
    During a review of the specific marking requirements that were
added in the 2021-2022 ICAO Technical Instructions, PHMSA found that
the HMR do not contain the same express limitation on ``folding'' a
part of a label around the edges of a package such that the entirety of
a label would have to be on a single side. PHMSA expects that adopting
both the pre-existing ICAO single side requirement for labels, and the
recent requirement that marks must be on a single side of a package
will provide increased visibility of hazard communication on the
smaller package types that are frequently used in air transport. These
measures also reduce ambiguity for air operator employees conducting
acceptance checks as to whether the package appropriately indicates the
hazards without having to make a subjective determination.
    Therefore, PHMSA is requiring in a new paragraph (a)(1)(iii), that
for air transport, the entirety of a required label must be displayed
on one side of a package. For cylindrical packages not containing a
traditional side, the labels and/or package must be of such dimensions
that a label would not overlap itself. In the case of cylindrical
packages containing radioactive materials, which require two identical
labels, these labels must be centered on opposite points of the
circumference and must not overlap each other. If the dimensions of the
package are such that two identical labels cannot be affixed without
overlapping each other, one label is acceptable provided it does not
overlap itself.
    In addition, PHMSA adds requirements that marks must not be folded
for: the limited quantity mark in Sec.  172.315(b); the excepted
quantity mark in Sec.  173.4a(g); and the UN3373 Category B infectious
substance mark in Sec.  173.199(a). The ICAO Technical Instructions
were also amended to require that the lithium battery handling mark be
applied on a single side of a package; however, this is already
prescribed in Sec.  173.185(c)(3)(i), applicable to all modes of
transport. Regarding the Category B infectious substance mark, the
revision helps ensure that any packages containing COVID-19 materials
have appropriate visibility and thus, ensure the safe transport of such
materials.
Section 172.447
    Section 172.447 prescribes specifications for labels used for
lithium batteries. In this final rule, PHMSA removes and reserves
paragraph (c), which contains an expired transitional exception
allowing for continued use of labels in conformance with the
requirements that had been in place on December 31, 2016, until
December 31, 2018. Since December 31, 2018, has occurred, the continued
use of an outdated label is no longer allowed.

C. Part 173

Section 173.4a
    Part 173 contains general requirements for shippers regarding
shipments and packagings. Section 173.4a prescribes transportation
requirements for excepted packages. For consistency with the ICAO
Technical Instructions, PHMSA is adding a new paragraph (g)(3) to
require that--for air transport--the entire excepted quantity mark must
be displayed on one side of the package. For detail on the rationale

for this requirement, see SECTION 172.406 of the ``V. Section-by-
Section Review of Amendments'' for discussion of the requirement to
display a mark on a single side.
Section 173.14
    In subpart A of Part 173, PHMSA adds a new section--Sec.  173.14--
to provide exceptions from the HMR for certain devices or equipment
containing hazardous materials that are in actual use or which are
intended for use during transport. Examples of such devices include
cargo tracking devices and data loggers attached to, or placed in,
packages, overpacks, containers, or load compartments. These items
often contain component hazardous materials, such as lithium batteries
or fuel cells, necessary to power the device or equipment. The
exception provides clarity for these types of devices which are not
offered into transportation as part of the consignment but instead
accompany it to collect or disseminate information during transport.
Eligibility for the exception is limited to equipment that meets
conditional safety requirements. These include requirements that the
component hazardous material--e.g., lithium batteries--meet the
applicable construction and test requirements specified in the HMR, and
that the equipment can withstand the shocks and vibrations normally
encountered during transport. The equipment must also be safe for use
in different environmental conditions that it may be exposed to during
transport such as temperature variations, inclement weather, and
conditions in which explosive atmospheres caused by gases, vapors,
mists, or air/dust mixtures may occur. The text--slightly modified from
the NPRM language--also clarifies that the exception is not applicable
when this type of equipment is itself offered as cargo such that normal
HMR requirements pertaining to packaging, shipping papers, marking, and
labeling apply.
    This new section is consistent with provisions adopted in the UNMR
and the IMDG Code. Additionally--in response to the ongoing global
COVID-19 public health emergency--on December 31, 2020,\23\ and
February 23, 2021,\24\ ICAO published addenda to the 2021-2022 Edition
of the ICAO Technical Instructions to provide a limited exception for
lithium battery-powered data loggers and cargo tracking devices to
facilitate the transport and distribution of COVID-19 pharmaceuticals,
including vaccines. Specifically, the 2021-2022 ICAO Technical
Instructions except these devices from lithium battery marking and
documentation requirements when transported by aircraft. Consequently,
PHMSA is adopting exceptions in this section of the HMR to cover all
modes of transportation for certain devices or equipment containing
hazardous materials that are in actual use or which are intended for
use during transport. However, the exceptions associated with aircraft
transportation are limited to marking and documentation for lithium ion
and lithium metal battery-powered devices or equipment that accompany
shipments of COVID-19 pharmaceuticals, including vaccines.
---------------------------------------------------------------------------

    \23\ ICAO, Addendum No.1 to the 2021-2022 of the ICAO Technical
Instructions for the Safe Transport of Dangerous Goods by Air (Dec.
31, 2020), https://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2021-2022.AddendumNo1.en.pdf.
    \24\ ICAO, Addendum No.2 to the 2021-2022 of the ICAO Technical
Instructions for the Safe Transport of Dangerous Goods by Air (Feb.
23, 2021), https://www.icao.int/safety/DangerousGoods/AddendumCorrigendum%20to%20the%20Technical%20Instructions/Doc%209284-2021-2022.AddendumNo2.en.pdf.
---------------------------------------------------------------------------

    PHMSA received comments from COSTHA, DGAC, MDTC, and PRBA
expressing concerns over the new Sec.  173.14. MDTC is concerned that
Sec.  173.14 as proposed is too limited and unnecessary. Additionally,
DGAC, MDTC, and PRBA expressed concern that Sec.  173.14 contradicts a
letter of interpretation (LOI) that the industry has relied on for
several years (i.e., LOI Ref. No. 15-0040). MDTC believes that Sec.
173.14 might impact significant types of battery-powered equipment
including medical devices such as hearing aids, defibrillators, and
implantable devices that cannot be switched off completely during
transportation.
    COSTHA believes that the language as proposed in the NPRM
appropriately addresses the intent of the international standard
language that these devices are part of the packaging and supports
adopting the provisions as drafted. PRBA generally supports PHMSA's
intent to add Sec.  173.14 to the HMR to provide exceptions for certain
devices or equipment (e.g., cargo tracking devices) containing
hazardous materials that are in actual use or are intended for use
during transport.
    In response to the comments from COSTHA, DGAC, MDTC, and PRBA,
PHMSA confirms the intent of Sec.  173.14 is not to capture those
hazardous materials within equipment being offered for transportation
as part of a consignment (i.e., offered into commerce). This section
does not apply to electronic devices (such as hearing aids that may
always be powered on as part of their design) that are themselves being
offered for transportation as cargo. Rather, these provisions are only
applicable to devices containing hazardous materials that are in use to
provide monitoring of packages during transit. Thus, in order to
provide more clarification and better understanding of the intent of
the section, PHMSA adds a paragraph (c) to clearly state that Sec.
173.14 does not apply to hazardous materials with equipment that is
itself shipped as cargo; rather, this exception only applies to
equipment that incorporate a hazardous material as part of its
operation such as data loggers used to track packages while in transit.
Furthermore, PHMSA confirms that LOI Ref. No. 15-0040 remains valid and
is not in conflict with this section.
Section 173.27
    Section 173.27 provides the general requirements for transportation
by aircraft. PHMSA is making a number of corrections and revisions as
follows: (1) revise paragraph (c)(2) to clarify that all package types
containing ``UN3082, Environmentally hazardous substance, liquid,
n.o.s.'' are excepted from the pressure differential requirements and
not only limited quantities; (2) revise paragraph (f) introductory text
to clarify the inner packaging quantity limits prescribed in Table 1
and Table 2 apply to combination packages and not only to excepted
quantity packages; (3) in paragraph (f)(3) Table 1 and Table 2 add
inner package limits for certain Class 9 HMT entries consistent with
the ICAO Technical Instructions; and (4) in Table 1 and Table 2 remove
the ``no limit'' quantity limits and add them to the paragraph (f)
introductory text for a clearer description of the requirement for
materials authorized to exceed 220 L or 200 kg in accordance with
columns (9A) and (9B) of the 172.101 table. Finally, the 2021-2022
edition of the ICAO Technical Instructions contains editorial
corrections to exceptions for ``UN3082, Environmentally hazardous
substance, liquid, n.o.s.'' from differential pressure testing
requirements in Packing Instructions 964 and Y964 (limited quantity).
When reviewing the clarifying editorial correction \25\ to the ICAO
exception, PHMSA found that although the same update is not needed in
the HMR, the corresponding exceptions in Sec.  173.27 are not
consistent with those provided for in the latest version of Packing

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

    \25\ Report of the ICAO Working Group 19 (paragraph 3.2.11)
(May, 2019), https://www.icao.int/safety/DangerousGoods/WG19/DGPWG.19.WP.030.en.pdf.
---------------------------------------------------------------------------

    In a previous final rule, HM-215K,\26\ PHMSA revised Sec.  173.27
to align with the amendments made to the 2011-2012 edition of the ICAO
Technical Instructions. That earlier edition of the ICAO Technical
Instructions had included exceptions applicable to ``UN3082'' from the
pressure differential requirements in Packing Instructions 964 and Y964
for fully regulated and limited quantity packages. The exceptions were
added because ``UN3082'' materials assigned to Class 9 do not meet the
criteria for classification as any other hazard class or division and
are classified as hazardous materials solely because of their risk to
the environment (i.e., they are not capable of posing a risk to health,
safety, or property when transported by air). When this exception was
added by the HM-215K rulemaking, the text was placed in paragraph
(f)(2)(vii), thereby inadvertently narrowing the exception to limited
quantity materials. In the 2011-2012 edition of the ICAO Technical
Instructions that the HM-215K rulemaking intended to align with, the
exception from the pressure differential requirements applied to both
combination packagings in PI 964 and limited quantity packagings in PI
Y964. Therefore, to eliminate this inadvertent minor error created in
2011, PHMSA amends paragraph (c)(2) to except shipments of ``UN3082,
Environmentally hazardous substance, liquid, n.o.s.'' from the pressure
differential packaging requirements applicable for transportation by
aircraft. This revision aligns the pressure differential exceptions for
``UN3082'' material with those found in the ICAO Technical Instructions
and excepts these shipments, in all authorized packaging types, from
the pressure differential requirements in paragraph (c)(2).
---------------------------------------------------------------------------

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

    Further, PHMSA amends paragraph (f), which specifies requirements
for combination packagings intended for transportation aboard an
aircraft. A combination packaging, for transport purposes, consists of
one or more inner packagings secured in a non-bulk outer packaging.
Paragraph (f)(3) contains Table 1 and Table 2 indicating the maximum
net capacity allowed for the inner packagings of the combination
packaging on passenger-carrying and cargo aircraft, respectively. PHMSA
revises paragraph (f) by moving the references to Table 1 and Table 2
from paragraph (f)(1)--applicable to excepted quantities--to the
paragraph (f) introductory text. The intent of this revision is to
clarify that the inner packaging limits specified in paragraph (f)(3)
Table 1 and Table 2 apply to all combination packages used to transport
hazardous material by aircraft and not just to excepted packages (i.e.,
packages for which exceptions from certain provisions are provided in
the HMR). As it currently reads, the instruction for all combination
packagings is imbedded in the paragraph (f)(1), which outlines
provisions for excepted packages, thus making it appear that Tables 1
and 2 apply only to excepted packages. Correcting the reference in
paragraph (f) provides regulatory clarity by properly aligning
packaging limits in the HMR with the ICAO Technical Instructions.
    Additionally, the first column of Tables 1 and 2 provides the
maximum net quantity per package from Column (9A) of the HMT. PHMSA is
replacing the rows in Tables 1 and 2, noting that there are no maximum
net capacity limits for quantities greater than 220 L for liquids and
greater than 200 kg for solids with an instruction in the revised
paragraph (f) introductory text conveying the same information.
    Finally, PHMSA discovered that for certain Class 9 (miscellaneous
hazardous) materials, the authorized inner packaging limit in the ICAO
Technical Instructions is greater than the limit currently allowed in
Tables 1 and 2 at Sec.  173.27(f)(3). Therefore, PHMSA is revising
paragraph (f)(3), Table 1 and Table 2 to address this inconsistency
with the ICAO Technical Instructions. Specifically, PHMSA is revising--
for consistency with the inner packaging limits provided in Packing
Instructions 956, 958, and 964 of the ICAO Technical Instructions--
inner packaging net capacity limits for the following Class 9
materials:

 UN1841, Acetaldehyde ammonia
 UN1931, Zinc dithionite or Zinc hydrosulphite
 UN1941, Dibromodifluoromethane
 UN1990, Benzaldehyde
 UN2071, Ammonium nitrate fertilizers
 UN2216, Fish meal, stabilized or Fish scrap, stabilized
 UN2315, Polychlorinated biphenyls, liquid
 UN2590, Asbestos, chrysotile
 UN2969, Castor beans or Castor flake or Castor meal or Castor
pomace
 UN3077, Environmentally hazardous substance, solid, n.o.s.
 UN3082, Environmentally hazardous substance, liquid, n.o.s.
 UN3151, Polyhalogenated biphenyls, liquid or Polyhalogenated
terphenyls, liquid or Halogenated monomethyldiphenylmethanes, liquid
 UN3152, Polyhalogenated biphenyls, solid or Polyhalogenated
terphenyls, solid or Halogenated monomethyldiphenylmethanes, solid
 UN3334, Aviation regulated liquid, n.o.s.
 UN3335, Aviation regulated solid, n.o.s.
 UN3432, Polychlorinated biphenyls, solid

    These materials have a history of safe transport under less
restrictive inner packaging limits in accordance with the ICAO
Technical Instructions. The revisions offer shippers greater
flexibility in packaging options to transport these materials without a
degradation of safety.
Section 173.59
    Section 173.59 provides informational descriptions of terms for
explosives. PHMSA is amending the description of the term
``detonators'' to include a reference to electronic programmable
detonators. Additionally, PHMSA is adding a separate term and
description for ``Detonators, electronic programmable for blasting.''
These revisions correspond to the addition of the UN0511, UN0512, and
UN0513 (Detonators, electronic programmable for blasting) to the HMT.
PHMSA intends to distinguish between ``electronic detonators'' and
``electric detonators,'' as each has different design characteristics,
by adding these new entries in the HMT and the editorial amendments in
Sec.  173.59. PHMSA expects this additional precision in shipping
descriptions will provide a safety benefit. See Sec.  172.101 of the
``V. Section-by-Section Review of Amendments'' for additional
discussion on electric and electronic detonators.
Section 173.115
    Section 173.115 outlines classification criteria for Class 2 (gas)
materials. PHMSA is updating the version of ISO 10156:2010, ``Gases and
gas mixtures--Determination of fire potential and oxidizing ability for
the selection of cylinder valve outlets,'' incorporated by reference in
paragraph (k), which specifies how the oxidizing ability of a Division
2.2 (non-flammable) gas should be calculated. Currently the HMR
incorporates by reference the 2010 edition of this ISO standard and its
associated technical corrigendum in Sec.  171.7. As part of ISO's
regular periodic review of each standard, ISO standard

10156:2010 was reviewed and updated and a new revised ISO 10156:2017
was published in September 2017. The 2017 edition supersedes and
replaces ISO 10156:2010, which had been technically revised through ISO
10156:2010/Cor 1:2010. PHMSA updates the incorporation by reference of
ISO 10156, to the 2017 edition. The updated document includes technical
revisions pertaining to the flammability of gases and gas mixtures in
air as well as a new calculation method for determining the lower
flammability limit of gas mixtures. PHMSA reviewed the calculation
method and agrees that it will assist shippers in properly classifying
a Division 2.2 gas, without introducing any adverse safety risks.
Therefore, PHMSA incorporates by reference ISO 10156:2017 in Sec.
173.115(k).
Section 173.134
    Section 173.134 provides classification criteria and exceptions for
Division 6.2 infectious substances. PHMSA revises paragraph (a) to
include references to ``UN3549, Medical Waste, Category A, Affecting
Humans, solid or Medical Waste, Category A, Affecting Animals only,
solid.'' Specifically, paragraphs (a)(1), (a)(1)(i), and (a)(5) are
revised by including UN3549 among the list of UN numbers to use for
description of an infectious substance. These revisions are consistent
with the addition of this new hazardous materials description to the
HMT.
    Additionally, PHMSA removes the term rickettsiae from the list of
types of microorganisms in paragraph (a)(1). Rickettsiae are a specific
group of bacteria, and this specific type of bacteria is redundant
because bacteria are already listed as a type of potential pathogenic
microorganism.
Section 173.137
    Section 173.137 prescribes the requirements for assigning a PG to
Class 8 (corrosive) materials. The HMR requires offerors to classify
Class 8 material and assign a PG based on tests conducted in accordance
with the OECD Guidelines for the Testing of Chemicals. One of the tests
currently authorized in the HMR is the 2015 OECD Guideline for the
Testing of Chemicals ``Test No. 431: In vitro skin corrosion:
reconstructed human epidermis (RHE) test method'' which may be used to
determine that a material is not corrosive to human skin. PHMSA is
incorporating by reference the 2016 version of OECD Guidelines for the
Testing of Chemicals ``Test No. 431: In vitro skin corrosion:
reconstructed human epidermis (RHE) test method.'' This document was
updated to introduce sub-categorization for skin corrosion and adopted
by the OECD in 2013 and further revised in 2014, 2015, and 2016, as
Guidelines for the Testing of Chemicals ``Test No. 431: In vitro skin
corrosion: reconstructed human epidermis (RHE) test method.'' According
to the OECD, this updated test method permits subcategorization of
corrosive chemicals into three categories: sub-category 1A and sub-
category 1B/C, which correspond to PG I, PG II, and PG III,
respectively. However, prior to the 2016 edition of the OECD
Guidelines, the ability to clearly distinguish between PG II and PG III
had previously never been formally evaluated or validated due to the
lack of high-quality reference in vivo data against which to benchmark
the in vitro results.
    Changes to the UNMR were made because of the additional level of
sub-categorization and differentiation that is possible using this
updated test method. Accordingly, PHMSA is allowing corrosive materials
that are tested using OECD Guidelines for the Testing of Chemicals Test
No. 431 to be assigned to PG II without further in vivo testing if the
test method does not clearly distinguish between PG II or PG III. Since
the packing group assignment indicates the required level of packaging
according to the degree of danger presented by hazardous materials,
this would relegate corrosive material that cannot be clearly
distinguished between a medium danger PG II and a low danger PG III to
be subject to the more conservative packaging requirement associated
with PG II material unless additional testing is conducted. PHMSA
anticipates that the use of the 2016 version of the OECD Guidelines for
the Testing of Chemicals Test No. 431 will benefit shippers of
potential corrosives by clarifying corrosivity determinations or
exclusions and eliminating excessive testing to distinguish between PG
II and PG III.
    The regulatory text also references OECD Guidelines for the Testing
of Chemicals Test No. 404, 430, and 435, which are already approved for
incorporation by reference in this section, and no change was made to
these standards in this final rule.
Section 173.172
    Section 173.172 specifies the eligibility conditions for exception
from packaging requirements for certain fuel tanks used on aircraft
hydraulic power units. PHMSA makes editorial revisions to these
provisions to clarify packaging limits for the fuel tanks that power
hydraulic power units. The fuel tanks addressed in this section are
comprised of a primary containment for the fuel in the hydraulic power
unit. The primary containment must consist of a welded aluminum bladder
as well as an outer vessel, which is packed in non-combustible
cushioning material in a strong, tightly-closed metal outer packaging.
Currently, paragraphs (a) and (b) of this section state that the
``Maximum quantity of fuel per unit and package is 42 L (11 gallons).''
PHMSA is replacing the word ``unit'' in this sentence in paragraphs (a)
and (b) with the words ``primary containment'' for consistency with the
second sentence of each paragraph which states that the ``primary
containment of the fuel within this vessel must consist of a welded
aluminum bladder having a maximum internal volume of 46 L (12
gallons).'' These editorial revisions to clarify that the maximum
quantity of fuel authorized applies to both the fuel within the vessel
and completed package (primary containment) rather than the hydraulic
power unit itself. This revision aligns the language for this packaging
exception in the HMR with the language that was similarly amended in
the 2021-2022 ICAO Technical Instructions and the 21st revised edition
of the UNMR. This alignment provides clarity for packaging of certain
fuel tanks and, as such, PHMSA does not expect this revision to
adversely affect safety.
Section 173.181
    Section 173.181 prescribes packaging requirements for liquid
pyrophoric materials. Specifically, Sec.  173.181 provides the
requirements on closures for metal or glass receptacles when used as
inner packagings--i.e., receptacles--in combination packagings. The
UNMR contain Packing Instruction P404 which includes provisions for
resealing inner receptacles with threaded closures. Currently, Sec.
173.181 does not include provisions for resealing of inner receptacles
with threaded closures. The safety concern when resealing inner
receptacles that contain liquid pyrophoric materials is that small
amounts of residue may adhere to the threads and present a hazard upon
closing of the inner packaging and that friction generated from
screwing the cap back onto the receptacle may cause the residue to
react critically (e.g., self-heating or spontaneous combustion). Based
on this concern, the UNMR now permit closures of inner receptacles to
be either threaded or physically held in place by any means capable of
preventing back-off or loosening of the closure under conditions
normally incident to transportation (e.g., vibration

during transport). PHMSA is also concerned about this potential hazard
and authorizes an alternative method of closure to prevent this
potential hazard. Therefore, PHMSA revises the requirements of Sec.
173.181 for closures of inner packagings for liquid pyrophoric
materials to specify that they may have alternative closures that are
physically held in place by any means capable of preventing back-off or
loosening during transportation.
Section 173.185
    Section 173.185 prescribes requirements for transportation of
lithium cells and batteries. Paragraph (c) prescribes requirements for
smaller cells or batteries and paragraph (c)(3) specifies hazard
communication requirements including the use of the lithium battery
mark. PHMSA revises the minimum size of the lithium battery mark from
120 millimeters (mm) wide by 110 mm high to 100 mm by 100 mm. This
reduction in size requirements for this mark is consistent with the
existing minimum size requirements for the limited quantity and
excepted quantity marks in the HMR (see Sec. Sec.  172.315 and 173.4a)
and does not diminish the ability to read or recognize the marking. The
reference to the shape of the mark is amended to include ``square'' to
account for the new minimum dimensions while also maintaining the
existing shape of a ``rectangle'' to continue authorized use of the
lithium battery mark with 120 mm by 110 mm dimensions. In addition, the
minimum size of the lithium battery mark for packages too small to
display the revised 100 mm by 100 mm dimensions, is revised from 105 mm
wide by 74 mm high to 100 mm wide by 70 mm high. Additionally, an
informal working paper \27\ submitted to the 54th Session of the UNSCOE
noted that due to the large volume of lithium batteries shipped in
small packages, the reduction in the size of the mark could reduce the
quantity of packagings produced and consequently the quantity of empty
packagings sent for disposal or recycling. This minimum size does not
invalidate use of larger marks meeting the currently authorized minimum
size requirements.
---------------------------------------------------------------------------

    \27\ Rechargeable Battery Association (PRBA) & the Advanced
Rechargeable & Lithium Batteries Association (RECHARGE), Proposal on
the Dimensions of the Lithium Battery Mark Submitted to the UN
Subcommittee of Experts on the Transport of Dangerous Goods at the
54th Session (Dec. 3, 2018), https://www.unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/UN-SCETDG-54-INF55.e.pdf.
---------------------------------------------------------------------------

    COSTHA, DGAC and MDTC provided comments in support of this
revision. COSTHA notes that while some of its members are in favor of
adopting new size requirements for the lithium battery mark, other
members are concerned about reducing the size of hazard communication
on packages. Moving forward, COSTHA requests that PHMSA continue to
consider the impact of reducing hazard communication (by size or
example) and be open to alternate forms of hazard communication that
may be more effective for both carriers/operators and emergency
responders. PHMSA acknowledges the comments and concerns raised by some
COSTHA members on the new minimum size requirements for lithium battery
markings. However, PHMSA understands that the minimal reduction (no
more than 5 mm in each direction) in required size for markings adopted
in this final rule will not cause a reduction in safety.
Section 173.187
    Section 173.187 prescribes packaging requirements and other
provisions for ``pyrophoric solids, metals, or alloys, n.o.s.'' The
21st revised edition of the UNMR includes an amendment to Packing
Instruction P404 to address concerns with threaded closures when
resealing inner receptacles after partial removal of product. The
amendment addresses small amounts of residue of pyrophoric materials
that may adhere to the threads and present a hazard upon closing of an
inner receptacle. As with liquid pyrophoric materials discussed above,
there is concern that friction generated from screwing the cap back
onto the inner receptacle may cause the residue to react critically
(e.g., self-heating or spontaneous combustion). Based on this concern,
the UNMR now allow closures of inner receptacles to be either threaded
or physically held in place by a means capable of preventing back-off
or loosening of the closure under conditions normally incident to
transportation (i.e., impact or vibration during transport).
    After reviewing this issue, PHMSA is also concerned about this
potential hazard and amends Sec.  173.187 to authorize an alternate
method of closure to prevent this potential hazard. Specifically, PHMSA
is revising the requirements for closures of inner receptacles for
solid pyrophoric materials to specify that they may have threaded
closures or other alternative closures that are physically held in
place by a means capable of preventing back-off or loosening.
Section 173.199
    Section 173.199 prescribes the packaging requirements for Division
6.2 Category B infectious substances. Consistent with the ICAO
Technical Instructions, PHMSA is revising paragraph (a)(5) to require
that for air transport the entire ``UN3373'' mark must appear on one
side of the package. PHMSA expects that placing marks on a single side
of a package will provide increased visibility of hazard communication
on the smaller package types that are frequently used in air transport.
These measures also reduce ambiguity for air operator employees
conducting acceptance checks as to whether the package appropriately
indicates the hazards without having to make a subjective
determination. Regarding the Category B infectious substance mark, the
revision helps ensure that any packages containing infectious
substances, including COVID-19 materials, have appropriate visibility
and thus, ensure the safe transport of such materials. For details on
the rationale for this requirement, see the discussion of Sec.  172.406
in the ``V. Section-by-Section Review of Amendments.''
Section 173.218
    Section 173.218 contains packaging and product stabilization
requirements for transporting stabilized fish meal or fish scrap
(UN2216) as a Class 9 material. Currently, the provisions of this
section are limited to shipments by vessel; however, PHMSA amends this
provision to authorize the transport of this material by air. This
revision responds to changes in the fish meal or fish scrap market
which has experienced an increased demand for more timely shipments of
samples of this item for evaluation by potential purchasers. Adding
provisions to permit shipment by air, rather than limiting to shipment
by vessel, relieves frustration in the market for fish meal or fish
scrap by allowing shipments of small amounts of this material to be
expedited by air. This revision is consistent with amendments adopted
in the 2021-2022 version of the ICAO Technical Instructions, which have
been revised to allow the transport by air of non-bulk packages of fish
meal or fish scrap, subject to quantity limitations and stabilization
requirements.
    Under this revision, UN2216 material is permitted on passenger
aircraft and cargo aircraft in amounts up to 100 kg and 200 kg,
respectively, and in UN performance packaging that aligns with the ICAO
Technical Instructions. Additionally, to ensure the safe transport of
this material by air, PHMSA is adding stabilization requirements
similar to those that are in place for shipments by vessel.
Stabilization of

fish meal and fish scrap by applying antioxidants is required in order
to offer the material under a Class 9 stabilized proper shipping name.
The stabilization of fish meal and fish scrap is needed in order to
mitigate a fire hazard while in transportation. Fish meal or fish scrap
transported by air must have been stabilized at production, and within
the twelve months prior to transportation. Given the safeguard provided
by stabilization of this material prior to transportation, as well as
the packaging and quantity restrictions, PHMSA expects that there will
be no degradation of transportation safety in authorizing air
transportation.
    In addition to adding these stabilization requirements for air
transportation, PHMSA amends the stabilization requirements that are
currently in place for vessel shipments. The HMR currently requires
shipments of fish meal or fish scrap by vessel to contain at least 50
parts per million (ppm) (mg/kg) of ethoxyquin, 100 ppm (mg/kg) of
butylated hydroxytoluene (BHT), or 250 ppm (mg/kg) of tocopherol-based
antioxidant at the time of shipment for bulk shipments when transported
in freight containers. PHMSA extends these stabilization requirements
to all vessel shipments, as required by the IMDG Code. While the change
in language makes the stabilization requirement more widely applicable,
PHMSA expects that the impact on the regulated community will be
minimal as fishmeal and fish scrap shipments offered for transport (in
non-bulk and bulk) are already typically treated with quantities of
stabilizer (antioxidants) well above the minimum amounts currently
shown in section Sec.  173.218 as common industry practice.
Section 173.221
    Section 173.221 prescribes transportation requirements and
exceptions for ``UN2211, Polymeric beads expandable'' and ``UN3314,
Plastic molding compound,'' which are both Class 9 (miscellaneous)
materials. Historically, transportation of these materials has been
limited to single packagings under both the HMR and in Packing
Instruction 957 of the ICAO Technical Instructions. However, these
limitations are inconsistent with the UNMR and the general provisions
of the ICAO Technical Instructions, which permit combination packagings
when single packagings are authorized. These packagings are constructed
with inner packagings made of glass, plastic, metal, paper, or fiber
and with outer packagings utilizing drums, boxes, and jerricans made of
various materials. This conflict in permitted packagings has been
corrected in the most recent edition of the ICAO Technical
Instructions.
    PHMSA finds that allowing combination packaging for these Class 9,
low hazard materials is consistent with general packaging
authorizations throughout the HMR. In general, combination packaging is
allowed for materials that are more hazardous as long as the minimum
packaging performance requirements are achieved. Single packaging and
combination packaging are subject to the same performance standards,
meaning an equivalent level of safety is achieved. Therefore, PHMSA is
making conforming revisions to Sec.  173.221 to allow the use of
combination packagings (i.e., packagings that use a combination of
inner and outer packagings for containment) for these materials. This
revision provides packaging selection flexibility as well as
consistency with UNMR and revised ICAO Technical Instructions without
any impact on safe transport of these materials. DGAC provided a
comment in support of this revision.
Section 173.222
    Section 173.222 specifies the non-bulk packaging requirements for
``UN3363, Dangerous goods in machinery or apparatus.'' As discussed in
revisions to Sec.  172.101, PHMSA is modifying the proper shipping name
associated with UN3363 to include ``dangerous goods in articles,'' in
addition to ``dangerous goods in machinery or apparatus.'' In the HM-
215O final rule, PHMSA added new entries for articles containing
hazardous materials that are not otherwise specified by name in the HMT
(e.g., ``UN3547, Articles containing corrosive substance, n.o.s.'').
These new entries addressed transportation scenarios where various
hazardous materials or residues are present in articles above the
quantities currently authorized for machinery or apparatus transported
as ``UN3363, Dangerous goods in machinery or Dangerous goods in
apparatus.'' In addition to adding these new entries to the HMT, PHMSA
added packaging provisions in Sec.  173.232, as well as a definition
for articles. The definition states that ``article means machinery,
apparatus, or other devices containing one or more hazardous materials
(or residues thereof) that are an integral element of the article,
necessary for its functioning, and that cannot be removed for the
purpose of transport.'' This addition created regulatory discrepancies
between articles that cannot be defined as machinery or apparatus but
also do not qualify as ``Articles containing hazardous materials,
n.o.s.'' even as there is no safety basis to exclude such articles from
the scope of Sec.  173.222 provisions. Therefore, PHMSA revises the
provisions in Sec.  173.222 to reflect the addition of dangerous goods
in articles to the current HMT entry for ``UN3363, Dangerous Goods in
Machinery or Dangerous Goods in Apparatus'' as discussed in connection
with the revisions to Sec.  172.101 above. These revisions are intended
to provide flexibility in the choice of the most appropriate modifier
to be selected as a proper shipping name (e.g., article, machinery, or
apparatus). This flexibility in selecting the most appropriate
description of the hazardous material helps ensure appropriate
packaging selection and hazard communication, thus enhancing safety.
Section 173.225
    Section 173.225 prescribes packaging requirements and other
provisions for organic peroxides. As a result of new peroxide
formulations becoming commercially available, the 21st revised edition
of the UNMR includes updates to the list of identified organic
peroxides and new packing instructions for these materials. To maintain
consistency with the UNMR, PHMSA is updating the Organic Peroxide Table
in Sec.  173.225(c) to revise the entry ``Di-(4-tert-butylcyclohexyl)
peroxydicarbonate [as a paste],'' by (1) changing the classification of
the material as ``UN3116, Organic peroxide type D, solid, temperature
controlled'' to ``UN3118, Organic peroxide type E, solid, temperature
controlled''; and (2) changing the packing method from OP7 to OP8.
    An organic peroxide Type D is an organic peroxide that: (1)
detonates only partially, but does not deflagrate rapidly and is not
affected by heat when confined; (2) does not detonate, deflagrates
slowly, and shows no violent effect if heated when confined; or (3)
does not detonate or deflagrate, and shows a medium effect when heated
under confinement. An organic peroxide Type E is an organic peroxide
which neither detonates nor deflagrates and shows low or no effect when
heated under confinement. Di-(4-tert-butylcyclohexyl) peroxydicarbonate
was identified as a Type E organic peroxide based on evaluation of new
test data within the classification scheme for self-reactives and
organic peroxide in Figure 20.1 of the UNMR. Finally, PHMSA revises the
packing method from OP7 to OP8 consistent with the revised
classification of Di-(4-tert-

butylcyclohexyl) peroxydicarbonate to a lesser hazard Type E organic
peroxide. The packaging method indicates the largest size authorized
for packaging of a particular organic peroxide. Specifically, for Di-
(4-tert-butylcyclohexyl) peroxydicarbonate, assignment of OP8 allows up
to 400 kg for solids and combination packagings, and up to 225 L for
liquids.
    PHMSA revises the Organic Peroxide IBC Table in paragraph (e) to
maintain alignment with the 21st revised edition of UNMR by adding new
entries for ``tert-Amyl peroxypivalate, not more than 42% as a stable
dispersion in water'' and ``tert-Butyl peroxypivalate, not more than
42% in a diluent type A'' and identifying it as ``UN3119, Organic
peroxide type F, liquid, temperature controlled.'' PHMSA determines
that adding provisions for the transport of these newly available
peroxide formulations will allow better oversight for safe and
consistent shipment of these hazardous materials.
Section 173.301b
    Section 173.301b outlines additional general requirements when
shipping gases in UN pressure receptacles (e.g., cylinders). Paragraph
(a)(2) of this section requires that the gases or gas mixtures be
compatible with the UN pressure receptacle and valve materials
prescribed for metallic materials in ISO 11114-1:2012(E), Gas
cylinders--Compatibility of cylinder and valve materials with gas
contents--Part 1: Metallic materials. This document provides
compatibility requirements for the selection of combinations of
metallic cylinder and valve materials for use with gas or gas mixtures.
In the interest of providing uniformity with regard to reference
standards used domestically and internationally, PHMSA is revising the
compatibility requirements to include a reference to the 2017 amendment
(ISO 11114-1:2012/Amd 2017(E)), which ISO published as a supplement to
ISO 11114-1:2012(E). This amendment provides enhanced instructions on
the permissible concentrations of certain gases to ensure safe
transport of a wider variety of gases in newly developed types of
metallic cylinders and valves.
    Second, PHMSA revises paragraph (c)(1), which specifies valve
requirements for pressure receptacles. Currently in the HMR, paragraph
(c)(1) requires valves for pressure receptacles (excluding quick
release cylinder valves, which must conform to the requirements in ISO
17871:2015(E)) to conform to various editions of ISO 10297, ``Gas
cylinders--Cylinder valves--Specification and type testing'', including
the 1999, 2006, and 2014 editions. ISO 10297:2014 specifies design,
type testing, and marking requirements for certain cylinder valves
intended to be fitted to refillable transportable gas cylinders which
convey compressed, liquefied, or dissolved gases. PHMSA is modifying
the valve requirements in this paragraph such that when the use of a
valve is prescribed, the valve must conform to the requirements of ISO
10297:2014 as well as the supplemental amendment, ISO 10297:2014/Amd
1:2017. ISO 10297:2014/Amd 1:2017(E) corrects errors in ISO 10297:2014
and also includes modifications for valves for tubes and pressure
drums. For consistency with the UNMR, PHMSA also adds a sunset date of
December 31, 2022, for the authorization of the use of ISO 10297:2014
when not used in conjunction with the supplemental 2017 amendment.
PHMSA has reviewed this supplemental amendment as part of its regular
participation in the review of amendments for the UNMR and does not
expect any degradation of safety standards in association with the use
of these two documents.
    Lastly, paragraph (c)(2) of this section outlines certain
requirements for valves on UN pressure receptacles. Specifically, by
following one of the listed methods or standards in this paragraph,
valves are required to be protected from damage that could cause
inadvertent release of their contents. PHMSA is introducing an
additional option by allowing the use of valves designed and
constructed in accordance with Annex A of ISO 17879:2017 for UN
pressure receptacles with self-closing valves with inherent protection
(except those in acetylene service). Annex A of ISO 17879:2017 is a new
standard which establishes design, type testing, marking, and
manufacturing tests and examination requirements for self-closing
valves fitted to refillable transportable gas cylinders conveying
compressed, liquefied, or dissolved gases (other than acetylene). PHMSA
has determined that incorporating ISO 17879 fulfills the need for a
standard that governs self-closing valves on cylinders, which are
typically used in the calibration, beverage, and medical gas industries
and mirrors requirements for impact testing and burst testing specified
in ISO 10297. PHMSA has experience with permitting the use of valves
constructed to ISO 17879 through special permit,\28\ which has occurred
without incident since 2019. Incorporating this ISO standard eliminates
the need and associated burden for manufacturers to request a special
permit to use the valves as they become more widely transported as a
result of their authorization by other competent authorities.
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    \28\ See, e.g., Special Permit 20876 (Apr. 21, 2021), https://cms7.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/authorization/2019045387_SP20876.pdf/2019045387/SP20876.
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    The regulatory text references the following standards that are
already approved for incorporation by reference in this section and no
revisions are being made to these standards: ISO 11114-1:2012(E); ISO
11114-2:2013; ISO 10297:2014; ISO 17871:2015; ISO 11117:2008 and
Technical Corrigendum 1; ISO 11117:1998; ISO 16111:2008.
Section 173.304b
    Section 173.304b contains additional requirements for shipment of
liquefied compressed gases in UN pressure receptacles. In this section,
paragraph (b) describes the filling limits for UN pressure receptacles
expressed in terms of ``filling ratio,'' or the ratio of the mass of
gas in the cylinder compared to the water capacity of the cylinder.
Paragraph (b)(2) of this section provides the maximum allowable filling
limits for low pressure liquefied gases. As currently provided in
paragraph (b) of 173.304b, the term ``filling factor'' is currently
used to describe the filling limit in terms of the maximum mass of
contents in kg of the gas per liter of water capacity, which is
intended to have the same meaning as the ``filling ratio.'' To increase
clarity of the HMR, PHMSA revises paragraph (b)(2) by deleting the term
``filling factor'' and only using the performance standard of ``maximum
mass in kilograms of contents per liter of water capacity'' so that
this is not misunderstood as being different from the defined term
``filling ratio.'' This revision is consistent with the same editorial
correction made in the 21st revised edition of the UNMR. The term
``filling factor'' is used in the context of the UNMR and could be
misunderstood as being different from the defined term ``filling
ratio.'' Clarifying the language pertaining to the filling ratio will
provide a safety benefit by eliminating confusion about the definition
of the term ``filing factor'' or ``filing ratio.''
Section 173.306
    Section 173.306 provides exceptions from HMR requirements for
transportation of limited quantities of compressed gases. Paragraph (f)
of this section provides exceptions for the transportation of
accumulators, which are transported under ``UN3164, Articles,
pressurized pneumatic or hydraulic.'' Accumulators are devices in

which a fluid is kept under pressure as a means of storing energy.
PHMSA revises paragraphs (f)(2) and (f)(3) to allow robust accumulators
to be transported unpackaged, in crates, or in overpacks that provide
equivalent protection to the hazardous material being transported. The
term robust is used to describe articles that are strong enough to
withstand the shocks and loadings normally encountered during
transport, including trans-shipment between cargo transport units and
between cargo transport units and warehouses, as well as any removal
from a pallet for subsequent manual or mechanical handling. PHMSA
expects that the amendments will increase flexibility for shippers and
harmonize with revisions to the UNMR which limits the packaging
required for ``UN3164, Articles, pressurized pneumatic or hydraulic''
when afforded equivalent protection by the article being transported.
    Additionally, PHMSA adds a new paragraph (n) to include provisions
for the transport of ``UN2037, Receptacles, small, containing gas or
gas cartridges'' for recycling or disposal. These provisions include
packaging requirements, conditions for exception, and maximum gross
weight limits, applicable to small receptacles or cartridges containing
gas not exceeding 1.0 L (0.3 gallons) capacity. Codifying these
provisions will create a regulatory framework for transporting these
materials for recycling or disposal and reduce the administrative
burden that otherwise applies to fully regulated gas receptacles.
Further, reducing this administrative burden may lead to other
environmental benefits by facilitating shipments destined for recycling
or disposal.
Section 173.335
    Section 173.335 specifies packaging requirements for hazardous
materials transported as chemicals under pressure (e.g., ``UN3500,
Chemical under pressure, n.o.s.''). Chemicals under pressure are
regulated as gases but differ in that they are liquids, pastes, or
powders, and pressurized with a propellant that meets the definition of
a gas in Sec.  173.115. Materials transported under ``UN3500'' may
include those that are widely used in fire suppression systems and
other items used for fire control.
    PHMSA is providing an extended periodic inspection period for
cylinders containing fire extinguishing agents transported under
UN3500. This amendment is consistent with a new special packing
provision--PP97--added in the 21st revised edition of the UNMR to
provide a test period of 10 years for tubes (cylinders) that have a
capacity of 450 L or less and that are filled with fire extinguishing
agents. The intent of this revision was to resolve the discrepancy in
inspection periods between (1) gas-filled cylinders intended for
installation in fire suppression systems and (2) cylinders used for the
same purpose, but which contain a fire extinguishing agent (e.g., a
liquid) in combination with a gas used as a propellant. Gases
transported under ``UN1956, compressed gas n.o.s.'' have a maximum test
period for periodic inspection of 10 years, whereas the maximum test
period for ``UN3500, chemical under pressure, n.o.s.'' is only five
years. However, the updated UNMR extended the inspection period for
cylinders containing fire extinguishing agents transported under UN3500
because they are typically (1) inert chemicals with no subsidiary risks
and (2) they are typically filled at lower pressures than cylinders
containing UN1956 materials. Additionally, these fire extinguishing
materials and devices are maintained and stored in a manner that
minimizes the degradation of the cylinder (e.g., in protected indoor
environments).
    A recent PHMSA rulemaking, HM-234,\29\ broadened the scope of
cylinders eligible to be classified as ``UN1044, fire extinguishers''
and the intent was to permit cylinders charged with fire extinguishing
agents intended for use in fire suppression systems to be described and
transported under ``UN1044, fire extinguishers.'' However, cylinders
charged solely with a compressed gas or liquefied gas and used in a
fire suppression system solely to expel a separately stored
extinguishing agent are not eligible for transportation under UN1044.
Furthermore, with respect to the UNMR, cylinders charged with a fire
extinguishing agent and intended for use in a fire suppression system
are specifically excluded from transportation as ``UN1044, fire
extinguisher.'' Therefore, while HM-234 added provisions that may allow
hazardous materials in cylinders that have historically been described
and transported as UN1956 or UN3500 to be transported as ``UN1044, fire
extinguisher'', amending Sec.  173.335 is still necessary to maintain
alignment with the UNMR because the UNMR still do not allow cylinders
intended for use in fire suppression systems to be transported under
UN1044.
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    \29\ 85 FR 85380 (Dec. 28, 2020).
---------------------------------------------------------------------------

    Because of this conflict in classification for similar items, PHMSA
extends the periodic inspection period for cylinders containing gases
or liquid/gas mixtures that are used as fire extinguishing agents under
UN3500, to facilitate international shipment of these items by aligning
the Sec.  173.335 periodic inspection requirements with the periodic
inspection period adopted in the UNMR. Recognizing that these items
UN3500 and UN1044 are functionally the same but classified differently
outside of the United States, PHMSA expects that establishing parallel
inspections periods for similar items will facilitate international
movement and continued use of these cylinders domestically and
internationally. DGAC provided comments in support of this revision.
Additionally, DGAC requests that PHMSA consider expanding the retest
period for cylinders that are used for other hazard classes, such as
flammable liquids, that are not transported under pressures meeting the
definition of a compressed gas. PHMSA appreciates DGAC's comment;
however, expanding the retest period for cylinders containing other
hazardous classes is beyond the scope of this rulemaking and would
benefit from stakeholder input in a future rulemaking. PHMSA encourages
DGAC to consider submitting a petition for rulemaking in accordance
with Sec.  106.100 providing data and justification for why PHMSA
should expand the cylinder retest period when used in service for
hazardous materials other than gas.

D. Part 175

Section 175.8
    Part 175 prescribes requirements that apply to the transportation
of hazardous materials in commerce aboard aircraft, including items
carried by air passengers and crew, as well as items carried by the
aircraft operator in accordance with airworthiness requirements and
operating regulations, or in support of in-flight service. Section
175.8 provides exceptions from the HMR for certain equipment and
materials used by aircraft operators that are regulated as hazardous
materials. PHMSA amends paragraph (b) to provide a new exception for
alcohol-based hand sanitizers and alcohol-based cleaning products
carried aboard an aircraft by the operator for the purposes of
passenger and crew hygiene. These changes align the HMR with amendments
made to the ICAO Technical Instructions--as amended in Addendum 1--
published on December 31, 2020, in response to the COVID-19 public
health emergency. The intent of this amendment is to ensure that air
operators are able to equip aircraft with

alcohol-based sanitizers for use in the cabin for the purposes of
passenger and crew hygiene without the regulatory burden of
documentation and packaging otherwise associated with the transport of
Class 3 (flammable liquid) hazardous materials. Finally, in this final
rule, we are adjusting the regulatory text slightly from what was
proposed in the NPRM to clarify that the alcohol-based hand sanitizers
and alcohol-based cleaning products should be physically in the cabin
of the aircraft. We expect that this minor modification captures the
true intent of this exception more accurately. This amendment is
beneficial to public interest given that it assists in limiting the
spread and contraction of viruses such as COVID-19 without an
anticipated decrease in transportation safety.
Section 175.9
    Section 175.9 provides exceptions for certain special aircraft
operations. Paragraph (b)(5) excepts organ preservation units necessary
to protect human organs when carried in the aircraft cabin, provided
certain conditions are met. As written, the current provisions only
allow for devices powered by non-spillable batteries. However, the
technology for powering such devices has evolved to include lithium
batteries. To maintain consistency with the ICAO Technical
Instructions, PHMSA adds provisions for organ preservation units
powered by lithium batteries (both metal and ion). Specifically,
lithium metal or lithium ion cells or batteries must meet the general
provisions prescribed in Sec.  173.185(a) and spare lithium batteries
need to be individually protected to prevent short circuits when not in
use to ensure safe transport. PHMSA expects this amendment will promote
broader use of the exception for organ preservation units. Finally, it
facilitates international movement of these devices by harmonizing with
ICAO Technical Instructions which allow lithium batteries as power
sources for the devices while still ensuring safe transport.
Section 175.10
    Section 175.10 specifies the conditions under which passengers,
crew members, or an operator may carry hazardous materials aboard a
passenger aircraft. PHMSA amends paragraph (a)(1)(ii) of this section
to permit Division 2.2 aerosols with no subsidiary hazard, in addition
to those that are not for medicinal or personal toiletry use, as carry-
on items (see Sec.  175.10(a)(1)(i) for provisions pertaining to non-
radioactive medicinal and toilet articles). Currently, these materials
(i.e., Division 2.2 non-flammable gases) are only authorized in checked
baggage. Additionally, PHMSA is adding a conditional requirement to new
paragraph (a)(1)(iv) that the material in the Division 2.2 aerosols
must not cause extreme annoyance or discomfort, in the event of an
unintentional release, to crew members so as to inhibit performance of
their assigned duties. The revisions align the HMR with amendments made
to the ICAO Technical Instructions. In addition, these revisions are
consistent with special permit DOT-SP 21021,\30\ which was issued in
response to the COVID-19 public health emergency to ensure flight crews
could carry-on sanitizing aerosol products that may not have been
considered as items for personal use. PHMSA has determined that this
revision is beneficial and in the public interest because it expands
the use of the passenger and crewmember exceptions applicable to
Division 2.2 aerosols by allowing such aerosols in carry-on baggage.
This is particularly beneficial for sanitizers to aid in preventing the
potential spread and contraction of viruses such as COVID-19 without an
anticipated decrease in transportation safety.\31\
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    \30\ DOT Special Permit 21021 (May 29, 2020), https://www.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/offer/SP21021.pdf/2020034999/SP21021.
    \31\ PHMSA notes that, apart from the revisions to Sec.  175.10
of the HMR proposed here, transportation of aerosols in carry-on
baggage and for any other purpose may be subject to limitations
imposed by other regulators, including (but not limited to) the
Transportation Security Administration.
---------------------------------------------------------------------------

    Section 175.10(a)(11) outlines the provisions for self-inflating
personal safety devices and currently allows for the carriage of only
one device with the approval of the aircraft operator. PHMSA is
increasing the allowance from a single self-inflating personal safety
device to two devices in response to an increase in passengers seeking
to travel with their own devices. PHMSA clarifies that each self-
inflating safety device may be fitted with no more than two small gas
cartridges and that an additional two spare cartridges per device may
be carried with the devices. In addition, PHMSA adds the text
``intended to be worn by a person'' to specify that this provision is
only intended for self-inflating personal safety devices that are
designed to be worn by a person and does not apply to other types of
safety devices. PHMSA expects this revision will promote use of the
self-inflating personal safety devices. Specifically, it provides
passengers more flexibility when carrying self-inflating devices such
as lifejackets, motorcycle jackets, and horse-riding vests. Further,
PHMSA does not expect transportation safety will be compromised as
these devices are designed with multiple initiation processes required
for inflation to occur, thereby inhibiting unintentional activation.
PHMSA has not identified any incidents involving unintentional
activation of self-inflating personal safety devices inflight.
Section 175.75
    Section 175.75 provides quantity limitations and stowage location
requirements for air transportation. During internal review of the
stowage requirements found in Sec.  175.75, PHMSA and FAA concluded
that making several editorial revisions increases the clarity of this
section, and therefore would enhance the safety of hazardous materials
transported by aircraft. These revisions do not substantively change
current requirements of this section and they are intended only for
purposes of increasing the understanding of air stowage requirements.
The editorial revisions to this section are discussed as follows:
     The current structure for paragraph (b) outlines three
distinct stowage requirements in a single paragraph. To increase
readability, PHMSA revises paragraph (b) by separating the three
requirements into three subparagraphs each addressing a single stowage
requirement. In response to the NPRM, PHMSA received a comment from
Airbus suggesting that PHMSA also include reference to a Class F
compartment in Sec.  175.75(b). However, this comment is beyond the
scope of this rulemaking since PHMSA did not propose to include
requirements associated with Class F cargo compartments in the NPRM,
and therefore, is not included in this final rule. Additionally, PHMSA
encourages Airbus to submit a petition for rulemaking in accordance
with Sec.  106.100 providing data and arguments for why Class F cargo
compartments should be included in Sec.  175.75(b).
     Insertion of an additional distinct sentence in the
aforementioned revised format of paragraph (b) to highlight the
existing requirement in Sec.  175.75 that all packages displaying a
``Cargo Aircraft Only'' label in accordance with Sec.  172.402(c) must
be loaded in an accessible manner (i.e., a manner accessible to the
cargo aircraft's crew or other authorized person). This longstanding
requirement of the HMR is buried in the Quantity and Loading Table of
paragraph (f). In the past, air carrier stakeholders have suggested to
PHMSA and FAA that the stowage

requirements would be clearer if this important requirement were
explicitly stated in Sec.  175.75. Therefore, PHMSA is specifying this
requirement in the stowage requirements as new subparagraph (b)(4).
     Correction of an inadvertent error in the Quantity and
Loading Table of paragraph (f), Note 1, that removed Division 6.2
material from eligibility for exception from the inaccessible loading
restriction for Cargo Aircraft Only packages. This inadvertent error
occurred in a corrections and response to administrative appeals final
rule.\32\ PHMSA revised requirements for Division 6.1 material among
the list of eligible materials but in doing so inadvertently removed
reference to Division 6.2 material. This change was not intended and
therefore, PHMSA is reinserting reference to Division 6.2 material in
Note 1.
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    \32\ 78 FR 65453 (Oct. 31, 2013). This rule affected rules HM-
215K, HM-215L, HM-218G, and HM-219.
---------------------------------------------------------------------------

     Insertion of an Oxford comma in the Quantity and Loading
Table of paragraph (f), Note 1, item d. to more clearly indicate that
Class 9 material, limited quantity material, and excepted quantity
material all qualify for this provision. PHMSA and FAA are aware that
some air carrier stakeholders have expressed confusion with the
language in Note 1, item d., and acknowledge that the omission of a
comma between ``Limited Quantity'' and ``Excepted Quantity'' may create
the impression that only Class 9 limited or excepted quantity material
are eligible for this exception. Note 1, item d. has always included
all eligible hazard classes of limited quantity and excepted quantity
material.

E. Part 176

Section 176.84
    Part 176 contains requirements associated with transportation of
hazardous materials by vessel. Section 176.84 prescribes the meanings
of numbered or alphanumeric vessel transport stowage provisions that
are assigned to hazardous materials, and which are listed in column
(10B) of the HMT. The provisions in Sec.  176.84 are separated into
general stowage provisions, which are defined in the ``table of
provisions'' in paragraph (b), and the stowage notes unique to vessel
shipments of Class 1 explosives, which are defined in the table in
paragraph (c)(2). PHMSA has determined that the following revisions
will improve safety by ensuring that hazardous materials are properly
stowed on vessels.
    First, PHMSA is revising stowage provision 4 in paragraph (b).
Existing stowage provision 4 directs shippers to ``Stow `Separated
from' liquid organic materials.'' PHMSA modifies the language in this
code for clarity and to facilitate proper stowage. In a proposal
submitted to the IMO, it was noted that many liquid organic materials
are not dangerous goods and that it is difficult to identify these
commodities for purposes of segregation.\33\ Furthermore, the
distinction between organic and inorganic substances cannot be easily
discovered by persons responsible for packing a cargo transport unit.
PHMSA has determined that requiring a determination as to whether a
cargo is an organic or inorganic substance should be amended with a
more readily understood requirement to characterize these items as
combustible materials. This clarification aids in ensuring safe
segregation of materials assigned this stowage provision. Therefore,
PHMSA is amending stowage provision 4 to require materials assigned
this code to ``not be stowed'' with combustible materials in the same
cargo transport unit.
---------------------------------------------------------------------------

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

    Second, PHMSA adds new stowage provisions under codes 155, 156, and
157:
     New stowage code 155 is assigned to ``UN2814, Infectious
substances, affecting humans'' and ``UN2900, Infectious substances,
affecting animals only.'' This new stowage provision advises vessel
carriers to avoid handling of an infectious package or keep handling of
the package to a minimum and to inform the appropriate public health
authority or veterinary authority where persons or animals may have
been exposed to the package contents. This provision may improve safety
for packages that may be used to transport COVID-19 related material.
Stowage code 155 applies particularly to any cargo offered in the
traditional manner (i.e., break-bulk). The stowage code advises cargo
handling personnel to limit interaction with packages of Division 6.2
materials to a minimum. The requirement to notify the appropriate
public health authority or veterinary authority where persons or
animals may have been exposed to package contents is intended to ensure
appropriate medical attention can be provided in the event of an
exposure and to control any potential further contamination as a result
of contact with the material. This new stowage code serves to ensure
vessel carriers are aware of the potential hazard of these packages and
to ensure they follow all protocols related to handling such packages.
     New stowage code 156 is assigned to ``UN3090, Lithium
metal batteries,'' ``UN3091, Lithium metal batteries contained in
equipment, or Lithium metal batteries packed with equipment,''
``UN3480, Lithium ion batteries,'' and ``UN3481, Lithium ion batteries
contained in equipment or Lithium ion batteries packed with
equipment.'' This new stowage provision requires damaged or defective
lithium batteries that are offered for transportation in accordance
with Sec.  173.185(f) or being transported for purposes of disposal or
recycling in accordance with Sec.  172.203(i)(4), to be stowed in
accordance with stowage category C. Stowage category C requires on deck
stowage instead of the currently authorized on deck or under deck
stowage of these types of lithium batteries. This revision harmonizes
HMR stowage requirements for lithium batteries that are damaged/
defective and those that are being offered for disposal or recycling
with the IMDG Code stowage requirements. This stowage change to require
on deck stowage allows for more easily identifiable and effective
response actions in the event of a fire involving lithium batteries
onboard a vessel. PHMSA expects that these revised shipping
requirements will contribute to the safe transportation of increased
volumes of lithium batteries anticipated as a result of the increased
use of those technologies in the transportation and other economic
sectors. In response to the NPRM, PHMSA received a comment from MDTC in
support of this revision.
     New stowage code 157 is assigned to the five HMR UN1950
aerosol entries and the three UN2037 receptacles; small, containing gas
or gas cartridges entries. This new stowage provision requires aerosols
and receptacles for gas transported for recycling or disposal to be
stowed in accordance with vessel stowage category C and clear of living
quarters. The HMR does not currently contain separate stowage
provisions for aerosols or receptacles small containing gas that are
being offered for disposal or recycling. These five UN1950 aerosol
entries and the three UN2037 receptacle entries are currently assigned
stowage category A. The change from stowage category A to category C
means these materials being offered for recycling or disposal are
required to be stowed ``on deck only'' instead of the currently
authorized ``on deck or under deck.'' This revision in stowage
requirements for aerosols and receptacles small

containing gas provides more restrictive stowage requirements for these
articles that have been utilized and are being offered for
transportation under generally more relaxed packaging standards than if
they were being offered as new articles. This more restrictive stowage
requirement more easily facilitates a response effort should one be
required aboard a vessel.
    Third, in the paragraph (c)(2) table, PHMSA amends stowage
provisions for notes 19E and 22E. When assigned to an HMT entry, these
existing notes require separation ``away from'' explosives containing
chlorates or perchlorates and ``away from'' ammonium compounds and
explosives containing ammonium compounds or salts. PHMSA is amending
these stowage provisions to specify a more demanding ``separated from''
stowage requirement. The terms ``away from'' and ``separated from''
have various meanings based on the type of shipment (e.g., break-bulk,
shipments within a container, or container to container). Generally
speaking, the term ``separated from'' requires more stringent
segregation. As an example, for segregation from one container to
another if ``away from'' applies, the containers cannot be stowed one
on top of the other. If ``separated from'' is assigned, the containers
cannot be stowed in the same vertical line. For more information on the
applicability of these terms please, see Sec.  176.83 of the HMR. This
revision also harmonizes the HMR with the IMDG Code and aligns with HMR
stowage requirements for shipments of ammonium nitrates, chlorates, and
perchlorates. These revisions provide additional segregation between
loads of incompatible materials and decrease the likelihood of a
reaction if a release were to occur onboard a vessel.

F. Part 178

Section 178.3
    Part 178 contains specifications for packagings. Section 178.3
prescribes marking requirements for specification packagings. PHMSA
amends paragraph (a)(4) to clarify the marking size requirement for
packagings transporting solids with a 30 kg (66 pounds) maximum net
mass. Additionally, PHMSA is amending the exception for reducing the
size of the required package marking applicable to packagings with a
capacity of 5 L or less, or of 5 kg maximum net mass. The existing HMR
text only refers to capacity, and the use of ``maximum net mass'' is a
more appropriate standard for packagings intended for solids. This
editorial revision is intended to reduce confusion over the application
of the reduced size marking requirements as they apply to packagings
used for solid materials. The quantity limit should be based on the net
amount of solid material and not the capacity of the packaging the
material is placed in. This clarification is consistent with similar
provisions for solids (net mass) and liquids (capacity) throughout the
HMR. Ensuring the appropriate application of the reduced size marking
allowance provides consistency across persons using the reduced sized
marking and therefore, improves safety of transport.
Section 178.71
    Section 178.71 prescribes specifications for UN pressure
receptacles. To maintain consistency with the UNMR, PHMSA is updating
four ISO documents incorporated by reference in this section.
    First, PHMSA amends paragraph (d)(2), which outlines the
configuration and design requirements for a cylinder's service
equipment and includes items that prevent the release of the pressure
receptacle contents during handling and transportation. Currently, this
paragraph requires that valves for service equipment must conform to
the 1999, 2006, and 2014 editions of ISO 10297. ISO 10297 specifies
design, type testing, and marking requirements for cylinder valves
fitted to refillable transportable gas cylinders, main valves for
cylinder bundles, and cylinder valves or main valves with an integrated
pressure regulator (VIPR), which convey compressed, liquefied, or
dissolved gases. PHMSA is modifying the valve conformance requirements
in this paragraph such that when the use of a valve is prescribed, the
valve must conform to the requirements of ISO 10297:2014 and the
supplemental amendment, ISO 10297:2014/Amd 1:2017. ISO 10297:2014/Amd
1:2017 corrects errors in ISO 10297:2014, and also includes
modifications for valves used on tubes and pressure drums. PHMSA has
reviewed this supplemental amendment as part of its regular
participation in the review of amendments for the UNMR and does not
expect any degradation of safety standards in association with the use
of these two documents. Additionally, PHMSA is adding an end date of
December 31, 2022, to the authorization to use ISO 10297:2014 when not
used in conjunction with the supplemental 2017 amendment, ISO
10297:2014/Amd 1:2017.
    Second, in this paragraph, PHMSA is amending references to ISO
14246, ``Gas cylinders--Cylinder valves--Manufacturing tests and
examinations.'' Currently, paragraph (d)(2) states that valves must be
initially inspected and tested in accordance with ISO 14246:2014(E),
``Gas cylinders--Cylinder valves--Manufacturing tests and
examinations.'' However, in 2017, ISO published ISO 14246:2014/Amd
1:2017, ``Gas cylinders--Cylinder valves--Manufacturing tests and
examinations,'' which provides supplemental amendments pertaining to
specific pressures to be used in the pressure test and leakproofness
test of acetylene valves. PHMSA mandates the use of this amended
document in Sec.  178.71 to require acetylene valve users to use the
updated values in ISO 14246:2014/Amd 1:2017. PHMSA has reviewed these
documents as part of its regular participation in the review of
amendments for the UNMR and does not expect any degradation of safety
standards in association with the use of these two documents. PHMSA is
also adding analogous compliance requirements for self-closing valves
to paragraph (d)(2). ISO 17879:2017--Gas cylinders--Self-closing
cylinder valves--Specification and type testing, specifies the design,
type testing, marking, and manufacturing tests and examinations
requirements for self-closing cylinder valves intended to be fitted to
refillable transportable gas cylinders which convey compressed,
liquefied, or dissolved gases.
    Third, PHMSA amends paragraph (l)(1), which specifies the design
and construction requirements for UN composite cylinders and tubes.
This revision adds a new subparagraph (iv) to reference ISO 11119-
4:2016, ``Gas cylinders--Refillable composite gas cylinders--Design,
construction and testing--Part 4: Fully wrapped fibre reinforced
composite gas cylinders up to 150 L with load-sharing welded metallic
liners.'' This document, which was adopted in the UNMR, specifies
requirements for composite gas cylinders with load-sharing welded
liners between 0.5 L and 150 L water capacity and a maximum test
pressure of 450 bar for the storage and transportation of compressed or
liquefied gases. PHMSA incorporates by reference the first three parts
of the ISO 11119 series, which cover various designs of composite
cylinders with a seamless liner. This fourth part defines the
requirements for design, construction, and testing of composite
cylinders with a welded metallic liner. Incorporating this ISO standard
eliminates the need and associated burden for manufacturers to request
a special permit to construct fully wrapped fiber reinforced composite
gas

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

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

    Finally, PHMSA amends paragraph (o)(1) of this section to update
the reference to ISO 11114-1:2012(E), ``Gas cylinders--Compatibility of
cylinder and valve materials with gas contents--Part 1: Metallic
materials.'' ISO 11114-1:2012 provides requirements for the selection
of safe combinations of metallic cylinder and valve materials and
cylinder gas content. PHMSA is amending the compatibility requirements
to also require compatibility with the 2017 supplement to ISO 11114-
1:2012, (ISO 11114-1:2012/Amd 1:2017) for material compatibility
requirements. Permitting the use of this document allows shippers to
safely transport a wider variety of gases in newly developed types of
metallic cylinders and valves. PHMSA has reviewed this document as part
of its regular participation in the review of amendments for the 21st
revised edition of the UNMR and expects that adding it to the HMR will
enhance the current safety of hazardous materials in transportation, in
addition to harmonizing the HMR with international requirements. This
amendment provides compatibility requirements for the selection of
combinations of metallic cylinder and valve materials for use with gas
or gas mixtures. In the interest of providing uniformity with regard to
reference standards used domestically and internationally, PHMSA is
revising the compatibility requirements to also refer to the 2017
amendment of this ISO standard. This 2017 supplemental amendment
provides more explicit instructions on the permissible concentrations
of certain gases. PHMSA has determined that permitting the use of this
updated document allows safe transport of a wider variety of gases in
newly developed types of metallic cylinders and valves without
compromising safety.
Section 178.75
    Section 178.75 prescribes specifications for multiple element gas
containers (MEGCs), which are assemblies of UN cylinders, tubes, or
bundles of cylinders interconnected by a manifold and assembled within
a framework. The term includes all service equipment and structural
equipment necessary for the transport of gases including hazardous
materials marked as Division 2.1 (such as compressed hydrogen). PHMSA
revises paragraph (d) to permit explicitly the use of composite
construction, which is allowed for other pressure vessels (i.e.,
cylinders), rather than limiting authorized material of construction
for an MEGC to seamless steel as in the current HMR. Further, and in
response to a comment from Luxfer Gas Cylinders to the NPRM, PHMSA is
clarifying that composite cylinders constructed of carbon, fiberglass,
or a hybrid composite can use any metallic liners or non-load sharing
polymer liners and not just high strength aluminum liners. When the
specifications for MEGCs were originally created, there were no
standards for composite pressure receptacles in the international
transport standards or the HMR. In the decades since, standards for the
use of ISO composite pressure receptacles have been developed and
authorized. International standards did not consider a corresponding
allowance to use these composite pressure receptacles as elements of
MEGCs when the specifications were originally adopted. The 21st revised
edition of the UNMR has been updated to include such an authorization
and PHMSA is similarly allowing the use of composite pressure
receptacles in MEGCs.
    To that end, PHMSA is adding references to the following ISO design
standards for composite MEGCs: ISO 11119-1:2012(E), ``Gas cylinders--
Refillable composite gas cylinders and tubes--Design, construction and
testing--Part 1: Hoop wrapped fibre reinforced composite gas cylinders
and tubes up to 450 L,'' ISO 11119-2:2012(E), ``Gas cylinders--
Refillable composite gas cylinders and tubes--Design, construction and
testing--Part 2: Fully wrapped fibre reinforced composite gas cylinders
and tubes up to 450 L with load-sharing metal liners,'' ISO 11119-
3:2013(E), ``Gas cylinders--Refillable composite gas cylinders and
tubes--Design, construction and testing--Part 3: Fully wrapped fibre
reinforced composite gas cylinders and tubes up to 450 L with non-load-
sharing metallic or non-metallic liners'' and ISO 11119-4:2016, ``Gas
cylinders--Refillable composite gas cylinders--Design, construction and
testing--Part 4: Fully wrapped fibre reinforced composite gas cylinders
up to 150 L with load-sharing welded metallic liners,'' The 19th
revised edition of the UNMR amended the definition of a tube to include
composite construction and this revision also included standards for
the construction of composite tubes. Due to the lack of any technical
or safety concerns, the 21st revised edition of the UNMR included an
amendment to the definition of MEGCs which provides for composite
construction, in addition to stainless steel construction, and was not
intended to exclude MEGCs. With these revisions, PHMSA expects that
this will provide flexibility and opportunities for cost savings for
manufacturers of MEGCs without compromising safety. Additionally,
authorizing alternative MEGC packaging construction provides
flexibility in packaging selection for shippers that could facilitate
the transportation of hydrogen or other gases that may be used to
support clean energy alternatives.
Section 178.275
    Section 178.275 outlines requirements and definitions pertaining to
UN portable tanks intended for the transportation of liquid and solid
hazardous materials. Paragraph (i) specifies the capacity requirements
for pressure relief devices that must be used on these portable tanks.
The HMR specify a formula that can be used to determine the required
total capacity for these pressure relief devices. The formula defines
variable ``U'' as ``thermal conductance of the insulation.''
Discussions held by the UNSCOE \35\ led to the conclusion that usage of
the phrase ``thermal conductance'' associated with the variable ``U''
in this formula is misleading because, in general scientific usage,
``conductance'' is expressed in ``kW. K-1'' and is not a surface
factor. Leaving the formula description as it currently appears in the
HMR may cause confusion for those who use it given that the correct
term for the unit given is ``heat transfer coefficient.'' PHMSA is
replacing the phrase ``thermal conductance'' with ``heat transfer
coefficient'' so that ``U'' is defined as ``heat transfer coefficient
of the insulation'' which is more appropriate for what is being
calculated and is consistent with use of the formula in the UNMR. This
ensures proper calculation of the total capacity for the pressure
relief devices for these portable tanks.
---------------------------------------------------------------------------

    \35\ ``Use of the terms ``conductivity'' and ``conductance'' in
chapter 6.7'' https://www.unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SG-AC.10-C.3-2018-56e.pdf.
---------------------------------------------------------------------------

Section 178.505
    Section 178.505 prescribes specifications for aluminum drums and
paragraph (b) prescribes the construction requirements for those
aluminum drums. PHMSA adds a new paragraph (b)(6) to specify conditions
when internal protective coatings or treatments must be applied to
these

drums--consistent with requirements for other metal packagings, such as
steel drums, as provided in Sec.  178.504(b)(7) and aluminum and steel
jerricans in Sec.  178.511(b)(5). In response to the NPRM, RIPA
provided comments in opposition to adding the new Sec.  178.505(b)(6).
RIPA believes that if adopted, this revision would require a
manufacturer or reconditioner to apply ``suitable internal protective
coatings or treatments'' to exposed parts of drums if needed to ensure
compatibility with the lading and ensure that the applied coatings or
treatments retain their protective properties under normal conditions
of transport. RIPA believes that Sec.  173.24(e) already obligates the
offeror with ensuring compatibility between the packaging and the
material it contains.
    PHMSA finds that RIPA does not provide adequate justification for
its preferred position. As noted in RIPA's comments, similar
requirements in the HMR already exist for steel drums in Sec.
178.504(a)(7) and for aluminum and steel jerricans in Sec. Sec.
178.504(b)(7) and 178.511(b)(5). PHMSA is not aware of issues voiced by
offerors associated with these compatibility requirements that are
already a part of packaging specification requirements in the HMR.
Also, RIPA did not present any specific cases of cause for concern
involving steel drums or aluminum or steel jerricans that are currently
subject to this requirement in the HMR. As such, PHMSA declines to
adopt RIPA's comment and instead adopts the amendment to Sec.
178.505(b)(6) as proposed.
    As stated in the NPRM, PHMSA finds that since metals are
susceptible to corrosion from exposure to certain chemicals (e.g.,
sodium hydroxide solution, or alkaline liquids), measures need to be
taken to ensure the packaging is compatible with the contents. Further,
the general requirements for packagings in the HMR include a
compatibility requirement such that even though certain packagings are
specified in the HMR, it is--nevertheless--the responsibility of the
person offering a hazardous material for transportation to ensure that
such packagings are compatible with their contents. This applies
particularly to corrosivity, permeability, softening, premature aging,
and embrittlement (see Sec.  173.24(e)).
    As part of this final rule, PHMSA adds conditions specifying when
internal protective coatings or treatments must be applied to metal
drums that are not constructed of steel or aluminum. This addition is
consistent with international standards covering UN 1B1 and 1B2
aluminum drums. PHMSA expects that this revision will improve
consistency with regard to safety standards (e.g., packaging integrity)
across similar packagings. Therefore, PHMSA is revising Sec.
178.505(b)(6) to specify conditions when internal protective coatings
or treatments must be applied to aluminum drums.
Section 178.506
    Section 178.506 prescribes specifications for metal drums that are
not made of steel or aluminum, and paragraph (b) prescribes the
construction requirements for these drums. In the NPRM, PHMSA proposed
to add a new paragraph (b)(6) to specify conditions when internal
protective coatings or treatments must be applied to metal drums that
are not constructed of steel or aluminum consistent with this
requirement for specifications of other metal packagings. This new
requirement mirrors the requirements to apply suitable internal
protective coatings or treatments in Sec.  178.504(b)(7) for steel
drums and Sec.  178.511(b)(5) for aluminum and steel jerricans. In
response to the NPRM, RIPA provided the same comments to Sec.
178.505(b)(6) for aluminum drums as for this Sec.  178.506(b)(6) for
metal drums not made of steel or aluminum. PHMSA's response is the same
as for the aluminum drums as discussed above in the Section 178.505
discussion.
    As stated in the NPRM, PHMSA asserts that since metals are
susceptible to corrosion from exposure to certain chemicals (e.g.,
sodium hydroxide solution, or alkaline liquids), PHMSA determined
measures need to be taken to ensure the packaging is compatible with
the contents. Further, the general requirements for packagings in the
HMR include a compatibility requirement such that even though certain
packagings are specified in the HMR, it is--nevertheless--the
responsibility of the person offering a hazardous material for
transportation to ensure that such packagings are compatible with their
contents. This applies particularly to corrosivity, permeability,
softening, premature aging, and embrittlement (see Sec.  173.24(e)).
    However, PHMSA expects that codifying specific conditions in which
internal protective coatings or treatments must be applied to metal
drums that are not constructed of steel or aluminum will provide needed
consistency by providing uniform safety standards for similar
packagings across the HMR and ensure safe packaging and transport
within these metal drums. Therefore, PHMSA revises Sec.  178.506(b)(6)
to specify conditions when internal protective coatings or treatments
must be applied to metal drums that are not constructed of steel or
aluminum.
Section 178.609
    Section 178.609 provides test requirements for packagings for
infectious substances. PHMSA makes an editorial amendment in paragraph
(g) to clarify the performance testing requirements for infectious
substances packaging. Specifically, PHMSA is amending paragraph (g) to
clarify that only one additional test is required for packages for
infectious substances containing dry ice. The 21st revised edition of
the UNMR made a similar clarification regarding the testing
requirements for these packagings and PHMSA has determined that the
current HMR also contains conflicting language in Sec.  178.609.
Currently paragraph (g), which specifies additional testing requirement
for packagings intended to contain dry ice, may be interpreted to
either require five additional samples dropped once each, or one
additional sample packaging dropped five times. However, requiring one
sample to be dropped five times in one orientation would not be
consistent with drop testing requirements applicable to other
packagings. PHMSA amends paragraph (g) to clearly state only one
additional sample must be dropped in a single orientation; namely, the
orientation the tester determines would be most likely to result in
failure of the packaging in light of the properties of the packaging
and the test surface. PHMSA does not consider this revision to be
technical, but editorial, with the intent of conveying the testing
protocol, as it was designed, more clearly. For that reason, PHMSA does
not expect any change in level of safety than what was originally
intended. This revision simply results in a package being tested in
line with the design of the original packaging test method.
Section 178.703
    Section 178.703 describes the marking requirements for IBCs. In the
NPRM, PHMSA proposed to amend two marking requirements in this section.
    In paragraph (b)(6), which specifies additional marking
requirements for composite IBCs, PHMSA proposed an amendment to specify
that the required markings on inner receptacles of these packagings
must either be readily visible while in the outer packaging or
duplicated on the outer packaging to facilitate inspection verifying
compliance with the applicable package

performance standard marking requirements.
    RIPA provided comments supportive of harmonizing Sec.  178.703 of
the HMR with the newly adopted UNMR provision to require inner
receptacle markings of an IBC that are not visible to be duplicated on
the outer packaging of the IBC. However, RIPA notes that the proposed
language contains an additional requirement that the duplicated inner
receptacle mark appearing on the IBC body be identified as duplicating
the inner receptacle marking. RIPA adds that PHMSA does not indicate
the form this identification should take, which could lead to
regulatory disharmony and enforcement confusion because these marks
will likely differ from one another if left to the discretion of each
IBC manufacturer and preprocessor. RIPA suggests that the proposed
requirement ensure the duplicated inner mark is placed ``near'' the
primary and additional marking and the mark itself to indicate it is a
duplicate of the inner receptacle mark. RIBCA submitted a comment
agreeing with the proposed amendment.
    In response to the comments from RIPA and RIBCA, PHMSA clarifies
that copying of the inner receptacle marking on the outer packaging
must be consistent. PHMSA confirms it is permissible to include the ``/
B'' mark to indicate that the inner receptacle mark is a duplicate
marking. However, PHMSA does not agree it is necessary to require this
additional information by way of regulatory text--PHMSA submits the
guidance in this preamble discussion should suffice to elaborate on
PHMSA's intent in revising Sec.  178.703. For clarification, it is
expected that the marking replicated on the outer packaging of the IBC
should be the same as the marking on the inner receptacle and placed in
a visible location in the vicinity of the outer receptacle marking.
    Therefore, PHMSA is revising Sec.  178.703(b)(6) to require that
markings on inner receptacles of composite IBCs must either be readily
visible while in the outer packaging or duplicated on the outer
packaging to facilitate inspection verifying compliance with the
applicable package performance standard marking requirements.
    In paragraph (b)(7), which outlines the marking requirements for
IBCs that are designed to be stacked, PHMSA proposed to revise the
language in paragraph (b)(7)(iv) to clarify the maximum stacking load
requirements pertaining to each marking requirement. Currently
paragraph (b)(7)(iv) indicates that the maximum permitted stacking load
``applicable when the IBC is in use,'' must be displayed. In the NPRM,
PHMSA made the case that this phrase may be misinterpreted to mean that
the stacking load applies only to transportation, leading to these
packagings being stacked inappropriately when not in transportation,
such as in warehouse storage.
    PHMSA received comments from RIBCA and RIPA on the IBC stacking
mark. RIBCA generally agrees with the proposed revision but believes
the words ``applicable when the IBC is in use'' is too ambiguous. RIBCA
adds that the required marking for the stacking load limit specified in
the UNMR is based on anticipated dynamic forces that may be encountered
in transport and such potential forces are not present in other
settings such as storage. RIPA also notes that higher stacking loads
have not proven to pose a concern in storage where IBCs may safely be
stacked with loads exceeding the marked limit. Additionally, RIPA
suggests that PHMSA clarify this provision while remaining within the
bounds of its regulatory authority by retaining the existing phrasing
and simply replacing the word ``use'' with ``transportation,'' which
includes storage incidental to movement.
    PHMSA agrees with comments by RIBCA and RIPA that as proposed, the
revision to (b)(7)(iv) goes beyond the statutory authority for
regulations of hazardous materials in transportation and the intended
regulation applying to the safety of stacking IBCs when transported in
commerce. Therefore, PHMSA is adjusting the proposed amendment to Sec.
178.703(b)(6) to revise the phrase ``applicable when the IBC is in
use'' to instead read ``applicable when the IBC is in transportation''
to clarify that stacking loads should never be exceeded when in
transportation including when stored incidental to movement. Clarifying
the regulatory text regarding the proper handling of these packagings
will provide an enhanced level of safety both during transport and
during storage incidental to that transportation. This revision
addresses RIPA and RIBCA's concern that the stacking mark revision will
affect IBCs while stacked in storage.
Section 178.705
    Section 178.705 prescribes specifications for metal IBCs. Paragraph
(c) outlines construction requirements and paragraph (c)(1)(iv)
specifies the minimum wall thickness requirements for metal IBCs. Metal
IBCs are currently the only type of IBCs for which there are minimum
wall thickness requirements, which is likely a holdover from
regulations for cubical tank containers, from which the metal IBCs were
once derived.\36\ In contrast, because of performance testing
requirements' (i.e., drop, stack, and vibration) ability to demonstrate
the integrity of the package, the 21st revised edition of the UNMR
include an amendment which now provides that minimum wall thickness
requirements apply only to metal IBCs that have a capacity of more than
1500 L (396 gallons), while metal IBCs with a volume of 1500 L or less
are no longer subject to previous prescriptive minimum wall thickness
requirements.
---------------------------------------------------------------------------

    \36\ Stainless Steel Container Association, Proposal on Minimum
Wall Thickness for Metal IBCs Submitted to the Sub-Committee of
Experts on the Transport of Dangerous Goods During the 54th Session
(Sep. 7, 2018), https://www.unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SG-AC.10-C.3-2018-96e.pdf.
---------------------------------------------------------------------------

    In the NPRM, PHMSA proposed to revise the minimum wall thickness
requirements for metal IBCs with a volume of 1500 L or less to provide
additional design and construction flexibility. This revision
harmonizes the minimum wall thickness requirements for IBCs with the
21st revised edition of the UNMR. In response to this proposal, PHMSA
received comments from Dow, DGAC, and RIBCA in support of revising the
minimum wall thickness requirements in Sec.  178.705.
    Additionally, Dow, DGAC, and RIBCA all state their opposition to
the alternative outlined in the NPRM for metal IBC wall thickness in
Sec.  171.23. The alternative for Sec.  171.23 would have prescribed
requirements for specific materials and packagings transported under
incorporated international standards and prohibited transportation or
offering for transportation of metal IBCs with a capacity of 1500 L or
less. The alternative would have applied when that transportation is
made in accordance with the ICAO Technical Instructions, IMDG Code,
Transport Canada TDG Regulations, or the IAEA Regulations. However, due
to the fact that PHMSA did not receive any additional information in
response to the questions presented in the NPRM, the alternative--as
outlined in Sec.  171.23 of the NPRM--is not being pursued at this
time.
    Therefore, PHMSA is revising the minimum wall thickness
requirements in Sec.  178.705 for metal IBCs with a volume of 1500 L or
less. These revisions will provide additional design and construction
flexibility. Additionally, this amendment will harmonize the HMR with
the 21st revised edition of the UNMR.
    Lastly, in response to the NPRM, RIPA notes that there are dozens
of

metal IBC styles in use today with capacities ranging from
approximately 416 L (110 gallons) up to 1500 L (496 gallons) that are
manufactured using several kinds of steels, including carbon steel and
several varieties of stainless steel designed to carry highly corrosive
and toxic materials. RIPA believes it would be beneficial if PHMSA took
the time to assess the types and quantities of materials shipped in
metal IBCs before determining if the existing metal thickness
requirement should be dropped for these packagings.
    PHMSA appreciates RIPAs comments and will take these comments into
consideration for further action in the future. Additionally, PHMSA
encourages RIPA to submit a petition for rulemaking in accordance with
Sec.  106.100 providing data and arguments for why PHMSA should or
should not expand the minimum wall thickness criteria to other types
and quantities of materials shipped in IBCs.

G. Part 180

Section 180.207
    Section 180.207 outlines the requirements for the requalification
of UN pressure receptacles. Paragraph (d) specifies the requalification
procedures for various types of UN cylinders but, consistent with
historical approach of the UNMR, does not include any procedures for
the periodic inspection of UN cylinder bundles. However, the 21st
revised edition of the UNMR addressed that gap by adding a new
reference document entitled ISO 20475: 2018 ``Gas cylinders--Cylinder
bundles--Periodic inspection and testing.'' ISO 20475 provides detailed
procedures for maintenance and periodic inspection of cylinder bundles.
    PHMSA adds paragraph (d)(7) to reference ISO 20475:2018, ``Gas
cylinders--Cylinder bundles--Periodic inspection and testing''
providing a requalification standard for UN cylinder bundles because
requalification procedures may differ for bundles of cylinders versus
individual cylinders. This document was developed based on the need for
a standard specific to cylinder bundles which would allow these
cylinders to be reintroduced into service for an extended period of
time. PHMSA expects that incorporating by reference a safety standard
for requalification will reduce business costs and environmental
effects by allowing existing cylinders to be reintroduced into service
for continued use. As a participant on the UNSCOE, this standard was
reviewed by PHMSA and other international bodies for inclusion in the
UNMR based on its need and safety merit. Incorporating by reference ISO
20475 in the HMR is necessary, not only for international
harmonization, but also to address the lack of such a standard in the
HMR.
    Additionally, PHMSA is removing a reference to the outdated, third
edition of ISO 10462(E), ``Gas cylinders--Transportable cylinders for
dissolved acetylene--Periodic inspection and maintenance'' in paragraph
(d)(3) used for the requalification of dissolved acetylene cylinders.
Requalification is required in accordance with the third edition of ISO
10462:2013(E); however, requalification in accordance with the second
edition was authorized until December 31, 2018, in Sec.  180.207(d)(3).
This date has since passed and, therefore, PHMSA is removing the
reference from this section of the HMR. Consistent with this revision,
the incorporation by reference of the second edition is removed from
Sec.  171.7(w) of the HMR. Additionally, acetylene cylinders
requalified in accordance with the second edition before December 31,
2018, must be subsequently requalified in accordance with referenced
third edition. PHMSA expects that these amendments will enhance safety
by providing cylinder users with the necessary guidelines for the
continued use of UN cylinders.
    The regulatory text references ISO 10462:2013(E), which was
previously approved for incorporation by reference in this section, and
no changes are being made to this standard.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the authority of Federal
hazardous materials transportation law (49 U.S.C. 5101 et seq.), which
authorizes the Secretary of Transportation to prescribe regulations for
the safe transportation of hazardous materials--including security--in
intrastate, interstate, and foreign commerce. Additionally, 49 U.S.C.
5120 authorizes the Secretary to consult with interested international
authorities to ensure that, to the extent practicable, regulations
governing the transportation of hazardous materials in commerce are
consistent with the standards adopted by international authorities. The
Secretary has delegated the authority granted in the Federal hazardous
materials transportation law to the PHMSA Administrator at 49 CFR
1.97(b).

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866 (``Regulatory Planning and Review'') \37\
requires agencies to regulate in the ``most cost-effective manner,'' to
make a ``reasoned determination that the benefits of the intended
regulation justify its costs,'' and to develop regulations that
``impose the least burden on society.'' Similarly, DOT Order 2100.6A
(``Policies and Procedures for Rulemakings'') \38\ requires that PHMSA
rulemaking actions include ``an assessment of the potential benefits,
costs, and other important impacts of the regulatory action,'' and any
significant distributional impacts, including any environmental
impacts.
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    \37\ 58 FR 51735 (Oct. 4, 1993).
    \38\ https://www.transportation.gov/sites/dot.gov/files/2021-06/DOT-2100.6A-Rulemaking-and-Guidance-%28003%29.pdf.
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    Executive Order 12866 and DOT Order 2100.6A require that PHMSA
submit ``significant regulatory actions'' to OMB for review. This
rulemaking is not considered a significant regulatory action under
section 3(f) of Executive Order 12866 and, therefore, was not formally
reviewed by OMB. This rulemaking is also not considered a significant
rule under DOT Order 2100.6A.
    The following is a brief summary of costs, savings, and net
benefits of some of the amendments in this final rule. In the RIA,
PHMSA developed a more detailed analysis of these costs and benefits,
and a copy of it has been placed in the rulemaking docket.
    PHMSA is amending the HMR to maintain alignment with international
regulations and standards, thereby maintaining the high safety standard
currently achieved under the HMR, facilitating the safe transportation
of critical vaccines and other medical materials associated with the
response to the COVID-19 public health emergency, and aligning HMR
requirements with anticipated increases in the volume of lithium
batteries transported in interstate commerce from electrification of
the transportation and other economic sectors. PHMSA examined the
likely impacts of finalizing and implementing the provisions in the
final rule in order to assess the benefits and costs of these
amendments. This analysis allowed PHMSA to quantitatively assess the
material effects of three of the amendments in this final rule. The
effects of six remaining amendments are not quantified but are assessed
qualitatively.

    PHMSA estimates that the annualized quantified net cost savings of
this rulemaking, using a seven percent (7%) discount rate, are
approximately $24.5 to $28.3 million per year. The table below presents
a summary of the monetized impacts of changes made in this final rule.
PHMSA notes that its estimated net cost savings below are consistent
with the estimates within the Preliminary Regulatory Impact Assessment
(PRIA) supporting the NPRM:

                                                           Summary Table of Net Regulatory Cost Savings, Discount Rate = 7%, 2022-2031
                                                                                [$2019]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                10 Year costs        10 Year cost savings     10 Year net cost savings      Annual costs          Annual cost savings         Annual net cost
                                           ------------------------------------------------------------------------------------------------------------------------------         savings
              Rule amendments                                                                                -----------------------
                                               Low        High         Low          High          Low          High        Low       High          Low          High          Low        High
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Amendment 2: Electric and Electronic         $637,197   $862,238             0             0   ($637,197)   ($862,238)   $90,723    $122,763             0             0   ($90,723)  ($122,763)
 Detonators...............................
Amendment 5: Lithium Battery Mark.........          0          0  $166,458,847  $171,243,943  166,458,847  171,243,943         0           0   $23,699,995   $24,381,285  23,699,995  24,381,285
Amendment 7: Data Loggers.................          0          0     6,443,740    28,443,710    6,443,740   28,443,710         0           0       917,444     4,094,744     917,444   4,094,744
                                           -----------------------------------------------------------------------------------------------------------------------------------------------------
    Total.................................    637,197    862,238   172,902,587   199,687,653  172,265,389  198,825,414    90,723     122,763    24,617,438    28,431,029  24,526,716  28,308,266
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    Although PHMSA received comments on its anticipated safety benefits
in the rulemaking (discussed above in Section IV), PHMSA received one
comment that hints at an overstatement of the benefits of the rule when
considering the quantification of compliance costs, including increased
training costs for compliance. However, the comment provided no
quantifiable data to rebut the compliance costs PHMSA proposed in the
PRIA. No additional comments were received from stakeholders on PHMSA's
quantification of compliance costs and benefits within the PRIA. The
safety and environmental benefits of the final rule have not been
quantified. However, PHMSA expects these amendments will help to
improve public safety and reduce the risk of environmental harm by
maintaining consistency between these international regulations and the
HMR. Harmonization of the HMR with international consensus standards
may reduce delays and interruptions of hazardous materials during
transportation, thereby lowering GHG emissions and safety risks to
communities--including minority, low-income, underserved, and other
disadvantaged populations and communities--in the vicinity of interim
storage sites and transportation arteries and hubs.

C. Executive Order 13132

    PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism'') \39\
and the Presidential memorandum (''Preemption'') that was published in
the Federal Register on May 22, 2009.\40\ Executive Order 13132
requires agencies to assure meaningful and timely input by state and
local officials in the development of regulatory policies that may have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.''
---------------------------------------------------------------------------

    \39\ 64 FR 43255 (Aug. 10, 1999).
    \40\ 74 FR 24693 (May 22, 2009).
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    The rulemaking may preempt state and local, and Native American
Tribe requirements, but does not revise any regulation that has
substantial direct effects on the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among the various levels of government. The federal
hazardous materials transportation law contains an express preemption
provision at 49 U.S.C.5125(b) that preempts state, local, and tribal
requirements on certain covered subjects, unless the non-federal
requirements are ``substantively the same'' as the federal
requirements, including the following:
    (1) The designation, description, and classification of hazardous
material;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
    This final rule addresses covered subject items (1), (2), (3), (4),
and (5) above and preempts State, local, and Tribal requirements not
meeting the ``substantively the same'' standard. In this instance, the
preemptive effect of the final rule is limited to the minimum level
necessary to achieve the objectives of the hazardous materials
transportation law under which the final rule is promulgated.
Therefore, the consultation and funding requirements of Executive Order
13132 do not apply.

D. Executive Order 13175

    PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \41\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Executive Order 13175 and DOT Order 5301.1 require DOT Operating
Administrations to assure meaningful and timely input from Native
American Tribal government representatives in the development of rules
that significantly or uniquely affect Tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship and distribution of
power between the federal government and Native American Tribes.
---------------------------------------------------------------------------

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

    PHMSA assessed the impact of the rulemaking and determined that it
does not significantly or uniquely affect Tribal communities or Native
American Tribal governments. The changes to the HMR as written in this
final rule are facially neutral and have broad, national scope; PHMSA,
therefore, expects this rulemaking not to significantly or uniquely
affect Tribal communities, much less impose substantial compliance
costs on Native American

Tribal governments or mandate Tribal action. Because PHMSA expects the
rulemaking will not adversely affect the safe transportation of
hazardous materials generally, PHMSA does not expect it will entail
disproportionately high adverse risks for Tribal communities. For these
reasons, PHMSA finds the funding and consultation requirements of
Executive Order 13175 and DOT Order 5301.1 do not apply.

E. Regulatory Flexibility Act and Executive Order 13272

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
agencies to review regulations to assess their impact on small
entities, unless the agency head certifies that a rulemaking will not
have a significant economic impact on a substantial number of small
entities including small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations under 50,000.
The Regulatory Flexibility Act directs agencies to establish exceptions
and differing compliance standards for small businesses, where possible
to do so and still meet the objectives of applicable regulatory
statutes. Executive Order 13272 (``Proper Consideration of Small
Entities in Agency Rulemaking'') \42\ requires agencies to establish
procedures and policies to promote compliance with the Regulatory
Flexibility Act and to ``thoroughly review draft rules to assess and
take appropriate account of the potential impact'' of the rules on
small businesses, governmental jurisdictions, and small organizations.
The DOT posts its implementing guidance on a dedicated web page.\43\
---------------------------------------------------------------------------

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

    This final rule has been developed in accordance with Executive
Order 13272 and with DOT's procedures and policies to promote
compliance with the Regulatory Flexibility Act to ensure that potential
impacts of draft rules on small entities are properly considered. This
final rule facilitates the transportation of hazardous materials in
international commerce by providing consistency with international
standards. It applies to offerors and carriers of hazardous materials,
some of whom are small entities, such as chemical manufacturers, users,
and suppliers, packaging manufacturers, distributors, and training
companies. As discussed at length in the RIA in the rulemaking docket,
the amendments in this rule should result in net cost savings that will
ease the regulatory compliance burden for those and other entities
engaged in domestic and international commerce, including trans-border
shipments within North America. Additionally, the changes in this final
rule will relieve U.S. companies--including small entities competing in
foreign markets--from the burden of complying with a dual system of
regulations. Therefore, PHMSA certifies that these amendments will not,
if adopted, have a significant economic impact on a substantial number
of small entities.

F. Paperwork Reduction Act

    PHMSA has analyzed this final rule in accordance with the Paperwork
Reduction Act. PHMSA currently accounts for shipping paper burdens
under OMB Control Number 2137-0034, ``Hazardous Materials Shipping
Papers and Emergency Response Information.'' PHMSA makes a number of
amendments that may impact the burden accounted for in OMB Control
Number 2137-0034. They include requiring the word ``stabilized'' as a
part of the proper shipping name for ``UN2522, 2-Dimethlaminoethl
methacrylate,'' adding the applicable term ``DAMAGED/DEFECTIVE,''
``LITHIUM BATTERIES FOR DISPOSAL'' or ``LITHIUM BATTERIES FOR
RECYCLING,'' excepting marine pollutants from the requirement to
supplement the proper shipping name with a technical name for UN3077
and UN3082 and requiring documentation of the holding time for
refrigerated liquefied gases transported in portable tanks. However,
while PHMSA estimates that there will be some impact in the annual
burden related to shipping papers, PHMSA expects the overall impact to
annual burden is negligible in relation to the number of burden hours
currently associated with this information collection.
    OMB Control Number 2137-0051, ``Rulemaking, Special Permits, and
Preemption Requirements,'' currently accounts for burden associated
with petitions for rulemaking, special permit applications, and
preemption requests. PHMSA is authorizing certain ISO standard valves
in Sec.  173.301b(c)(2) and expands Sec.  175.10 to allow passenger and
crewmembers to carry certain Division 2.2 aerosols in carry-on baggage,
both of which eliminate the need for use of a special permit. While
PHMSA expects these revisions to reduce the burden associated with this
information collection, PHMSA anticipates the reduction is negligible
in relation to the total burden hours associated with special permit
applications.
    PHMSA accounts for the burden from approval applications in OMB
Control Number 2137-0557, ``Approvals for Hazardous Materials.'' PHMSA
is adding a new HMT entry for ``UN3549, Medical Waste, Category A,
Affecting Humans, solid or Medical Waste, Category A, Affecting Animals
only, solid'' and require an approval for transportation in accordance
with Special Provision 131, which PHMSA expects will increase the
number of annual approval applicants. PHMSA also is adding new entries
to the Sec.  173.225 Organic Peroxide Table, which PHMSA expects will
decrease the number of annual approval applicants. Overall, PHMSA
expects that these changes are negligible to the overall impact of the
total burden in relation to the number of burden hours associated with
this information collection.

G. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et
seq.) requires agencies to assess the effects of Federal regulatory
actions on State, local, and Tribal governments, and the private
sector. For any NPRM or final rule that includes a federal mandate that
may result in the expenditure by State, local, and Tribal governments,
or by the private sector of $100 million or more in 1996 dollars in any
given year, the agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the Federal mandate.
    As explained in the RIA, this rulemaking does not impose unfunded
mandates under the UMRA. It does not result in costs of $100 million or
more in 1996 dollars to either State, local, or Tribal governments, or