[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Proposed Rules]
[Pages 61741-61831]
[FR Doc No: 2016-20580]

Vol. 81

Wednesday,

No. 173

September 7, 2016

Part II

Department of Transportation

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Pipeline and Hazardous Materials Safety Administration

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49 CFR Parts 107, 171, 172, et al.

Hazardous Materials: Harmonization With International Standards (RRR);
Proposed Rule

Federal Register / Vol. 81 , No. 173 / Wednesday, September 7, 2016 /
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 175, 176, 178, and 180

[Docket No. PHMSA-2015-0273 (HM-215N)]
RIN 2137-AF18

Hazardous Materials: Harmonization With International Standards
(RRR)

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

ACTION: Notice of proposed rulemaking (NPRM).

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

DATES: Comments must be received by November 7, 2016.

ADDRESSES: You may submit comments by any of the following methods:
    Federal Rulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
    Fax: 1-202-493-2251.
    Mail: Docket Management System; U.S. Department of Transportation,
Docket Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE., Washington, DC 20590-0001.
    Hand Delivery: To U.S. Department of Transportation, Docket
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday through
Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2015-
0273 (HM-215N) or RIN 2137-AF18 for this rulemaking at the beginning of
your comment. Note that all comments received will be posted without
change to http://www.regulations.gov including any personal information
provided. If sent by mail, comments must be submitted in duplicate.
Persons wishing to receive confirmation of receipt of their comments
must include a self-addressed stamped postcard.
    Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477), or you
may visit http://www.regulations.gov.
    Docket: You may view the public docket through the Internet at
http://www.regulations.gov or in person at the Docket Operations office
at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Steven Webb, Office of Hazardous
Materials Standards or Aaron Wiener, International Standards, telephone
(202) 366-8553, Pipeline and Hazardous Materials Safety Administration,
U.S. Department of Transportation, 1200 New Jersey Avenue SE., 2nd
Floor, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR Part 51
IV. Harmonization Proposals in This NPRM
V. Amendments Not Being Considered for Adoption in This NPRM
VI. Section-by-Section Review
VII. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Order 12866, Executive Order 13563, and DOT
Regulatory Policies and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
    F. Paperwork Reduction Act
    G. Regulation Identifier Number (RIN)
    H. Unfunded Mandates Reform Act of 1995
    I. Environment Assessment
    J. Privacy Act
    K. Executive Order 13609 and International Trade Analysis
    L. National Technology Transfer and Advancement Act
    List of Subjects

I. Executive Summary

    The Pipeline and Hazardous Materials Safety Administration (PHMSA)
proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR
parts 171 to 180) to maintain consistency with international
regulations and standards by incorporating various amendments,
including changes to proper shipping names, hazard classes, packing
groups, special provisions, packaging authorizations, air transport
quantity limitations, and vessel stowage requirements. This rulemaking
project is part of our ongoing biennial process to harmonize the HMR
with international regulations and standards.
    In this NPRM, PHMSA proposes to amend the HMR to maintain
consistency with various international standards. The following are
some of the more noteworthy proposals set forth in this NPRM:
     Incorporation by Reference: PHMSA proposes to incorporate
by reference the newest versions of various international hazardous
materials standards, including the 2017-2018 Edition of the
International Civil Aviation Organization Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions); Amendment 38-16 to the International Maritime Dangerous
Goods Code (IMDG Code); the 19th Revised Edition of the United Nations
Recommendations on the Transport of Dangerous Goods (UN Model
Regulations); the 6th Revised Edition of the United Nations Manual of
Tests and Criteria; and the 6th Revised Edition of the Globally
Harmonized System of Classification and Labelling of Chemicals.
Additionally, we propose to update our incorporation by reference of
the Canadian Transportation of Dangerous Goods (TDG) Regulations to
include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-
159 Erratum published July 16, 2014; SOR/2014-152 Erratum published
August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306
Erratum published January 28, 2015; and SOR/2015-100 published May 20,
2015. Finally, in this NPRM, PHMSA proposes the adoption of updated
International Organization for Standardization (ISO) standards.
     Hazardous Materials Table (HMT): PHMSA proposes amendments
to the Sec.  172.101 Hazardous Materials Table (HMT) consistent with
recent changes in the Dangerous Goods List of the 19th Revised Edition
of the UN Model Regulations, the IMDG Code, and the

ICAO Technical Instructions. Specifically, we propose amendments to the
HMT to add, revise, or remove certain proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
bulk packaging requirements, and passenger and cargo aircraft maximum
quantity limits.
     Provisions for Polymerizing Substances: PHMSA proposes to
revise the HMT consistent with amendments adopted into the UN Model
Regulations. Specifically, we propose to include into the HMT four new
Division 4.1 entries for polymerizing substances and to add into the
HMR defining criteria, authorized packagings, and safety requirements
including, but not limited to, stabilization methods and operational
controls.
     Modification of the Marine Pollutant List: PHMSA proposes
to modify the list of marine pollutants in appendix B to Sec.  172.101.
The HMR maintain this list as the basis for regulating substances toxic
to the aquatic environment and allow use of the criteria in the IMDG
Code if a listed material does not meet the criteria for a marine
pollutant. PHMSA periodically updates this list based on changes to the
IMDG Code and evaluation of listed materials.
     Packaging Requirements for Water-Reactive Materials
Transported by Vessel: PHMSA proposes various amendments to packaging
requirements for vessel transportation of water-reactive substances
consistent with requirements in the IMDG Code. The amendments include
changes to the packaging requirements to require certain commodities to
have hermetically sealed packaging and to require other commodities--
when packed in flexible, fiberboard, or wooden packagings--to have
sift-proof and water-resistant packaging or packaging fitted with a
sift-proof and water-resistant liner.
     Hazard Communication Requirements for Lithium Batteries:
PHMSA proposes to revise hazard communication requirements for
shipments of lithium batteries consistent with changes adopted in the
19th Revised Edition of the UN Model Regulations. Specifically, PHMSA
proposes to adopt a new lithium battery label in place of the existing
Class 9 label; to amend the existing marking requirements for small
lithium battery shipments in Sec.  173.185(c) to incorporate a new
standard lithium battery mark for use across all modes; \1\ to delete
the documentation requirement in Sec.  173.185(c) for shipments of
small lithium cells and batteries; and to require the lithium battery
mark be applied to each package containing small lithium cells or
batteries contained in equipment when there are more than four lithium
cells or two lithium batteries installed in the equipment or where
there are more than two packages in the consignment.
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    \1\ Small cells and batteries for the purposes of this
rulemaking are a lithium metal cell containing not more than 1 gram
of lithium metal, a lithium metal battery containing not more than 2
grams of lithium metal, a lithium ion cell not more than 20 Watt-
hours (Wh), and a lithium ion battery not more than 100 Wh (49 CFR
173.185(c) and Section II of Packing Instructions 965 and 968 in the
ICAO Technical Instructions).
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     Engine, Internal Combustion/Machinery, Internal
Combustion: PHMSA proposes to harmonize the HMT proper shipping names
utilized for the transportation of engines and machinery containing
engines with those in the UN Model Regulations. Additionally, PHMSA
proposes harmonization with the IMDG Code for domestic vessel shipments
of engines, internal combustion, and machinery containing combustion
engines. Under the proposals in this NPRM, the existing ``Engine,
internal combustion'' entries would be assigned their own UN numbers
and hazard class based on the type of fuel (e.g. a flammable liquid
powered engine is assigned a proper shipping name with a Class 3
designation). Existing requirements and exceptions for the
transportation of engines and machinery containing engines transported
by road, rail, and aircraft would remain unchanged. PHMSA is, however,
proposing to harmonize the transportation requirements for
transportation by vessel, which includes varying degrees of hazard
communication based on the type of fuel, amount of fuel, and capacity
of the fuel tank.
     U.S.-Canada Regulatory Cooperation Council (RCC)
Proposals: PHMSA proposes several amendments to the HMR resulting from
coordination with Canada under the U.S.-Canada RCC. Specifically, we
propose provisions for recognition of Transport Canada (TC) cylinders,
equivalency certificates (permit for equivalent level of safety), and
inspection and repair of cargo tanks. These changes would be made in
conjunction with Transport Canada proposing similar regulatory changes
that will provide reciprocal recognition of DOT cylinders and DOT
special permits.
    If adopted in a final rule, the amendments proposed in this NPRM
will result in minimal burdens on the regulated community. The benefits
achieved from their adoption include enhanced transportation safety
resulting from the consistency of domestic and international hazard
communication and continued access to foreign markets by U.S.
manufacturers of hazardous materials. PHMSA anticipates that most of
the amendments in this NPRM will result in cost savings and will ease
the regulatory compliance burden for shippers engaged in domestic and
international commerce, including trans-border shipments within North
America.
    PHMSA solicits comment from the regulated community on these
amendments and others proposed in this NPRM pertaining to need,
benefits and costs of international harmonization, impact on safety,
and any other relevant concerns. In addition, PHMSA solicits comment
regarding approaches to reducing the costs of this rule while
maintaining or increasing the benefits. In its preliminary analysis,
PHMSA concluded that the aggregate benefits of the amendments proposed
in this NPRM justify their aggregate costs. Nonetheless, PHMSA solicits
comment on specific changes (i.e., greater flexibility with regard to a
particular amendment) that might improve the rule.

II. Background

    Federal law and policy strongly favor the harmonization of domestic
and international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.,
``Federal hazmat law'') directs PHMSA to participate in relevant
international standard-setting bodies and promotes consistency of the
HMR with international transport standards to the extent practicable.
Although Federal hazmat law permits PHMSA to depart from international
standards to promote safety or other overriding public interest, it
otherwise encourages domestic and international harmonization (see 49
U.S.C. 5120).
    In a final rule published December 21, 1990 (Docket HM-181; 55 FR
52402), PHMSA's predecessor--the Research and Special Programs
Administration (RSPA)--comprehensively revised the HMR for
international harmonization with the UN Model Regulations. The UN Model
Regulations constitute a set of recommendations issued by the United
Nations Sub-Committee of Experts (UNSCOE) on the Transport of Dangerous
Goods (TDG) and the Globally Harmonized System of Classification and
Labelling of Chemicals (GHS). The UN Model Regulations are amended and
updated biennially by the UNSCOE and serve as

the basis for national, regional, and international modal regulations,
including the IMDG Code and the ICAO Technical Instructions.
    Since publication of the 1990 rule, PHMSA has issued 11 additional
international harmonization rulemakings under the following dockets:
HM-215A [59 FR 67390; Dec. 29, 1994]; HM-215B [62 FR 24690; May 6,
1997]; HM-215C [64 FR 10742; Mar. 5, 1999]; HM-215D [66 FR 33316; June
21, 2001]; HM-215E [68 FR 44992; July 31, 2003]; HM-215G [69 FR 76044;
Dec. 20, 2004]; HM-215I [71 FR 78595; Dec. 29, 2006]; HM-215J [74 FR
2200; Jan. 14, 2009]; HM-215K [76 FR 3308; Jan. 19, 2011]; HM-215L [78
FR 987; Jan. 7, 2013]; and HM-215M [80 FR 1075; Jan. 8, 2015]. These
rulemakings were based on biennial updates of the UN Model Regulations,
the IMDG Code, and the ICAO Technical Instructions.
    Harmonization becomes increasingly important as the volume of
hazardous materials transported in international commerce grows. It not
only facilitates international trade by minimizing the costs and other
burdens of complying with multiple or inconsistent safety requirements
for transportation of hazardous materials, but it also enhances safety
when the international standards provide an appropriate level of
protection. PHMSA actively participates in the development of
international standards for the transportation of hazardous materials
and promotes the adoption of standards consistent with the HMR. When
considering the harmonization of the HMR with international standards,
PHMSA reviews and evaluates each amendment on its own merit, on its
overall impact on transportation safety, and on the economic
implications associated with its adoption. Our goal is to harmonize
with international standards without diminishing the level of safety
currently provided by the HMR or imposing undue burdens on the
regulated community.
    Based on recent review and evaluation, PHMSA proposes to revise the
HMR to incorporate changes from the 19th Revised Edition of the UN
Model Regulations, Amendment 38-16 to the IMDG Code, and the 2017-2018
Edition of the ICAO Technical Instructions, which become effective
January 1, 2017.\2\
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    \2\ Amendment 38-16 to the IMDG Code may be voluntarily applied
on January 1, 2017; however, the previous amendment remains
effective through December 31, 2017.
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    In addition, PHMSA proposes to incorporate by reference the newest
editions of various international standards. These standards
incorporated by reference are authorized for use, under specific
circumstances, in part 171 subpart C of the HMR. This proposed rule is
necessary to incorporate revisions to the international standards and,
if adopted in the HMR, will be effective January 1, 2017.

Possible Interim Final Rule

    The changes to the international standards will take effect on
January 1, 2017. Therefore, it is essential that a final rule
incorporating these standards by reference be published no later than
December 31, 2016 with an effective date of January 1, 2017. Otherwise,
U.S. companies--including numerous small entities competing in foreign
markets--will be at an economic disadvantage because of their need to
comply with a dual system of regulations (specifically, the HMR, UN
Model Regulations, and ICAO Technical Instructions). To this end, if it
appears a final rule under this docket will not be published prior to
January 1, 2017, PHMSA will publish a bridging document in the form of
an interim final rule to amend the HMR by incorporating the 19th
Revised Edition of the UN Recommendations and the 2017-2018 Edition of
the ICAO Technical Instructions.
    With regard to Amendment 38-16 of the IMDG Code, the International
Maritime Organization (IMO) approved an implementation date of January
1, 2018. The current edition of the IMDG Code (Amendment 37-14) remains
in effect through 2017; therefore, we will not include the newest
version of the IMDG Code in any bridging document. The proposed
incorporation by reference of the newest edition of the IMDG Code and
all other changes proposed in this NPRM would be addressed in a
subsequent final rule also under this docket [PHMSA-2015-0273 (HM-
215N)]. Accordingly, any interim final rule will only incorporate by
reference editions of the international standards that become effective
on January 1, 2017.

III. Incorporation by Reference Discussion Under 1 CFR Part 51

    The UN Recommendations on the Transport of Dangerous Goods--Model
Regulations, Manual of Tests and Criteria, and Globally Harmonized
System of Classification and Labelling of Chemicals, as well as all of
the Transport Canada Clear Language Amendments, are free and easily
accessible to the public on the internet, with access provided through
the parent organization Web sites. The ICAO Technical Instructions,
IMDG Code, and all ISO references are available for interested parties
to purchase in either print or electronic versions through the parent
organization Web sites. The price charged for those not freely
available helps to cover the cost of developing, maintaining, hosting,
and accessing these standards. The specific standards are discussed at
length in the ``Section-by-Section Review'' for Sec.  171.7.

IV. Harmonization Proposals in This NPRM

    In addition to various other revisions to the HMR, PHMSA proposes
the following amendments to harmonize the HMR with the most recent
revisions to the UN Model Regulations, ICAO Technical Instructions, and
IMDG Code, as well as several amendments resulting from coordination
with Canada under the U.S.-Canada RCC:
     Incorporation by Reference: PHMSA proposes to incorporate
by reference the latest editions of various international transport
standards including the 2017-2018 Edition of the ICAO Technical
Instructions; Amendment 38-16 of the IMDG Code; the 6th Revised Edition
of the UN Manual of Tests and Criteria; the 6th Revised Edition of the
United Nations Globally Harmonized System of Classification and
Labelling of Chemicals; and the 19th Revised Edition of the UN Model
Regulations. Additionally, we are proposing to update our incorporation
by reference of the Canadian TDG Regulations to include SOR/2014-152
and SOR/2014-159 published July 2, 2014; SOR/2014-159 Erratum published
July 16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/
2014-306 published December 31, 2014; SOR/2014-306 Erratum published
January 28, 2015; and SOR/2015-100 published May 20, 2015. This
incorporation by reference augments the broad reciprocity provided in
Sec.  171.12 where the HMR allow the use of the TDG Regulations under
certain conditions when transporting hazardous materials to or from
Canada by highway or rail. Finally, PHMSA proposes the incorporation by
reference of new and updated ISO standards.
     Hazardous Materials Table (HMT): PHMSA proposes amendments
to the HMT to add, revise, or remove certain proper shipping names,
hazard classes, packing groups, special provisions, packaging
authorizations, bulk packaging requirements, vessel stowage and
segregation requirements, and passenger and cargo aircraft maximum
quantity limits.
     Packaging Requirements for Water-Reactive Materials
Transported by

Vessel: PHMSA proposes various amendments to packaging requirements for
vessel transportation of water-reactive substances. The amendments
include changes to the packaging requirements to require certain
commodities to have hermetically sealed packaging and to require other
commodities--when packed in flexible, fiberboard, or wooden
packagings--to have sift-proof and water-resistant packaging or
packaging fitted with a sift-proof and water-resistant liner. These
proposed changes are consistent with IMDG Code requirements.
     Hazard Communication Requirements for Lithium Batteries:
PHMSA proposes to revise hazard communication requirements for lithium
batteries consistent with changes adopted in the 19th Revised Edition
of the UN Model Regulations. Specifically, PHMSA proposes to adopt a
new lithium battery label in place of the existing Class 9 label; to
amend the existing marking requirements for small lithium battery
shipments in Sec.  173.185(c) to incorporate a new standard lithium
battery mark for use across all modes; to remove the documentation
requirement in Sec.  173.185(c) for shipments of small lithium cells
and batteries; and to amend the exception for small lithium cells and
batteries requiring the lithium battery mark from the current
applicability of ``no more than four lithium cells or two lithium
batteries installed in the equipment'' to ``no more than four lithium
cells or two lithium batteries contained in equipment, where there are
not more than two packages in the consignment.''
     Engine, Internal Combustion/Machinery, Internal
Combustion: PHMSA proposes to harmonize the HMT entries for the
transportation of engines and machinery containing engines with those
in the UN Model Regulations. Additionally, PHMSA proposes harmonization
with the IMDG Code for domestic vessel shipments of engines, internal
combustion, and machinery containing combustion engines. Under the
proposals in this NPRM, the existing ``Engine, internal combustion''
entries would be assigned their own UN numbers and hazard class based
on the type of fuel (e.g., a flammable liquid powered engine is
assigned a proper shipping name with a Class 3 designation). Existing
requirements and exceptions for the transportation of engines and
machinery containing engines transported by road, rail, and aircraft
would remain unchanged. PHMSA is, however, proposing to harmonize the
transportation requirements for transportation by vessel, which
includes varying degrees of hazard communication based on the type of
fuel, amount of fuel, and capacity of the fuel tank.
     U.S.-Canada Regulatory Cooperation Council (RCC)
Proposals: The Prime Minister of Canada and the President of the United
States created the U.S.-Canada Regulatory Cooperation Council in 2011.
Through this effort, the United States and Canada strive to strengthen
regulatory cooperation and reciprocity to enhance economic
competitiveness while maintaining high standards of health, safety, and
environmental protection. DOT, together with Transport Canada, have
collaborated to develop a regulatory partnership statement and work
plan, both of which can be viewed at http://trade.gov/rcc. Stakeholder
input (which can be viewed at www.regulations.gov under Docket No.
PHMSA 2012-0058), as well as internal and mutual regulatory review,
help determine work plan initiatives and areas where enhanced
regulatory cooperation and reciprocity might be feasible and beneficial
provided there is no compromise in safety. Three primary initiatives
identified in the work plan are the recognition of inspection and
repair of cargo tanks under the U.S. requirements for highway
transport, the mutual recognition of standard pressure receptacles
(cylinders), and mutual recognition of DOT special permits and
Transport Canada equivalency certificates.

--PHMSA proposes to address the cargo tank initiative by authorizing
facilities in Canada that hold a Certificate of Authorization for
repair from a provincial pressure vessel jurisdiction to repair DOT
specification cargo tanks that are used to transport hazardous
materials in the United States. PHMSA further proposes to except those
facilities from registering in accordance with part 107 subpart F of
the HMR provided they are registered in accordance with the Transport
Canada TDG Regulations. This proposed authority and exception would
provide carriers with additional access to repair facilities in Canada
without jeopardizing the DOT specification of a cargo tank and broaden
reciprocity with Canada, which already recognizes repairs of TC
specification cargo tanks performed by authorized and registered
facilities in the United States.
--PHMSA proposes to address the cylinder initiative by authorizing the
filling, requalification, and use of cylinders manufactured in
accordance with the TDG Regulations that have a corresponding DOT
specification in the HMR. Mutual recognition of cylinder specifications
and requalification inspections will mean cylinder users that
frequently conduct business that crosses the border will not need to
maintain two sets of substantially similar cylinders.
--PHMSA proposes to address the equivalency certificate initiative by
amending the HMR to allow shipments offered in accordance with an
equivalency certificate to transit to their first destination without
having to apply for a duplicative special permit from PHMSA.

V. Amendments Not Being Considered for Adoption in This NPRM

    PHMSA's goal in this rulemaking is to maintain consistency between
the HMR and the international requirements. We are not striving to make
the HMR identical to the international regulations but rather to remove
or avoid potential barriers to international transportation.
    PHMSA proposes changes to the HMR based on amendments adopted in
the 19th Revised Edition of the UN Model Regulations, the 2017-2018
Edition of the ICAO Technical Instructions, and Amendment 38-16 to the
IMDG Code. We are not, however, proposing to adopt all of the
amendments made to the various international standards into the HMR.
    In many cases, amendments to the international recommendations and
regulations are not adopted into the HMR because the framework or
structure makes adoption unnecessary. In other cases, we have
addressed, or will address, the amendments in separate rulemaking
proceedings. If we have inadvertently omitted an amendment in this
NPRM, we will attempt to include the omission in the final rule;
however, our ability to make changes in a final rule is limited by
requirements of the Administrative Procedure Act (5 U.S.C. 553). In
some instances, we can adopt a provision inadvertently omitted in the
NPRM if it is clearly within the scope of changes proposed in the
notice. Otherwise, in order to provide opportunity for notice and
comment, the change must first be proposed in an NPRM.
    The following is a list of notable amendments to the international
regulations that PHMSA is not considering for adoption in this NPRM:
     Large Salvage Cylinders: The 17th Revised Edition of the
UN Model Regulations includes guidelines for Competent Authorities to
use when issuing approvals for salvage pressure

receptacles. These revisions are found in Chapter 1.2, 4.1, 5.4, and
6.2 of the UN Model Regulations. Specifically, these requirements
address the packaging, hazard communication, and safe transport of
salvage pressure receptacles, also known as salvage cylinders in the
United States. The 19th Revised Edition of the UN Model Regulations
includes changes to the definition and packaging allowances for salvage
cylinders. These changes authorize the use of a large salvage cylinder
with a water capacity not exceeding 3,000 L to transport a cylinder
with a water capacity up to 1,000 L. Salvage cylinders still require
approval by appropriate Competent Authorities.
    The HMR currently address the packaging, hazard communication, and
safe transport of salvage cylinders in Sec.  173.3(d) and do not
require approval of the Associate Administrator to do so. PHMSA
considers the current salvage cylinder requirements in the HMR to
provide a sufficient level of safety and adequately address the
shipment of damaged and defective cylinders. It is appropriate that
larger salvage cylinders go through the existing approval process.
Therefore, PHMSA is not proposing changes to the current HMR
requirements for salvage cylinders.
     Large Packagings for Waste Aerosols: The 19th Revised
Edition of the UN Model Regulations includes changes to the large
packaging requirements for waste aerosols. The most notable change was
to the packing group (PG) performance level required for large
packagings transporting waste aerosols--from PG III to PG II. The HMR
do not currently authorize the use of large packagings for aerosols.
Therefore, PHMSA is not proposing changes to the current HMR
requirements for large packagings for waste aerosols.
     Table Tennis Balls: The 19th Revised Edition of the UN
Model Regulations includes a special provision assigned to ``UN 2000,
Celluloid'' that excepts table tennis balls made of celluloid from the
requirements of the Model Regulations if the total net mass of each
table tennis ball does not exceed 3 grams and the net mass of table
tennis balls does not exceed 500 grams per package. In a previously
issued letter of interpretation (Ref. No. 14-0141), PHMSA stated that
``it is the opinion of this office that the entry for UN 2000 Celluloid
only applies when the material is in a pre-manufactured state i.e.
blocks, rod, rolls, sheets, tubes etc.'' We further stated: ``Based on
the information provided in your letter, including form and quantity of
celluloid contained in the table tennis balls, it is our determination
the table tennis balls are not in a quantity and form that pose an
unreasonable risk to health, safety or property during transportation
and, therefore, are not subject to regulation under the HMR.''
    PHMSA maintains our position as stated in the letter of
interpretation (Ref. No. 14-0141) that table tennis balls are not
subject to the requirements of the HMR and that the ``UN 2000,
Celluloid'' entry only applies when the material is in a pre-
manufactured state (i.e. blocks rod, rolls, sheets, tubes, etc).
Therefore, PHMSA is not proposing changes to the current HMR
requirements to provide an exception for UN 2000.
     IMO Portable Tank Marking: Amendment 38-16 to the IMDG
Code includes an amendment to require IMO portable tanks manufactured
before January 1, 2003, to be marked with an indication of the portable
tank instruction for which it meets the minimum test pressure, minimum
shell thickness, pressure relief requirements, and bottom opening
requirements (i.e., the appropriate portable tank instruction). This
change was made to clarify that the existing requirement for marking
portable tanks with the portable tank instruction either on the tank
itself or the tank data plate also applied to older IMO type portable
tanks manufactured before January 1, 2003. PHMSA did not adopt the
requirement for portable tanks to be marked with an indication of the
portable tank instruction to which they comply when this requirement
was first introduced. Therefore, PHMSA is not proposing changes to the
current HMR requirements for IMO type portable tank markings. PHMSA
notes, however, that portable tanks utilized in international
transportation will need to be marked with an indication of an
appropriate portable tank instruction.
     Classification Inconsistencies: The 19th Revised Edition
of the UN Model Regulations includes text to address situations in
which a consignor who is aware, on the basis of test data, that a
substance listed by name in column 2 of the Dangerous Goods List in
Chapter 3.2 of the UN Model Regulations meets classification criteria
for a hazard class or division that is not identified in the list, may
with the approval of the competent authority consign the substance:
--Under the same UN number and name but with additional hazard
communication information as appropriate to reflect the additional
subsidiary risk(s) (e.g., documentation, label, placard) provided that
the primary hazard class remains unchanged and that any other transport
conditions (e.g., limited quantity, packing and tank provisions) that
would normally apply to substances possessing such a combination of
hazards are the same as those applicable to the substance listed; or
--Under the most appropriate generic or n.o.s. entry reflecting all
hazards.
    The HMR, in Sec. Sec.  172.402(a)(2) and 172.202(a)(3), allow and
in most cases require hazardous materials exhibiting an additional
subsidiary hazard to be labeled with the subsidiary hazard and to have
the additional hazard described on shipping papers.
    As detailed in the definition of Competent Authority Approval in
Sec.  107.1, specific regulations in subchapter A or C of the HMR are
considered Competent Authority Approvals. PHMSA generally does not
issue Competent Authority Approvals for situations already addressed by
the HMR. Therefore, PHMSA is not proposing such changes to the current
HMR requirements. Although PHMSA is not incorporating language
specifically requiring a Competent Authority Approval in situations
where a consignor has determined a substance has a different subsidiary
risk than those identified in the HMT, we maintain the power to do so
in order to facilitate commerce in situations where other competent
authorities or carriers require such a document be provided.
     Filling Procedures for UN Pressure Receptacles: The 19th
Revised Edition of the UN Model Regulations includes text in P200
requiring the filling of pressure receptacles to be carried out by
qualified staff using appropriate equipment and procedures. These
procedures are described as including checks of the following:
conformity of receptacles and accessories with the UN Model
Regulations, compatibility of the cylinder with the product to be
transported, absence of damage that might affect safety, compliance
with the degree or pressure of filling, and accuracy of marks and
identification. Additionally, five ISO standards concerning inspection
and filling of various cylinders were incorporated into P200.
Compliance with these filling procedures is considered met if the
appropriate ISO standard is applied.
    The existing HMR requirements for filling procedures for pressure
receptacles provide a sufficient level of safety and adequately address
filling requirements for pressure vessels. Therefore, PHMSA is not
proposing changes to the current HMR requirements for the filling of
pressure receptacles nor the adoption of any of

the five ISO standards applicable to filling conditions and
inspections.
     Intentionally Infected Animals: The 2017-2018 ICAO
Technical Instructions adopted changes to the classification framework
for infected live animals and animal materials. These changes are
intended to support consistent classification for infected animals and
animal materials. The issue was brought to the attention of the UN Sub-
Committee at its 48th session, but they were not able to ascertain the
impact of the changes made to the ICAO Technical Instructions or if
further changes were necessary to the UN Model Regulations. The
representative from ICAO who presented the paper noted they would come
back with an additional paper and clarifications at the next session.
As work at the UN Sub-Committee is still ongoing, PHMSA is not
proposing changes to the current HMR requirements for the
classification or transportation of infected live animals or animal
materials at this time.
     Special Aircraft Operations: The 2017-2018 ICAO Technical
Instructions adopted changes to the general exceptions for hazardous
materials carried by an aircraft in special aircraft operations (e.g.,
air ambulance, search and rescue). These changes are to clarify that
hazardous materials involved in these special aircraft operations for
related purposes (e.g., training flights and positioning flights prior
to or after maintenance) are excepted from the ICAO Technical
Instructions as stated in Part 1, Chapter 1. On June 2, 2016, PHMSA
published a final rule [Docket No. PHMSA-2013-0225 (HM-218H); 81 FR
35483] that revised Sec.  175.1(d) (formerly Sec.  175.9(b)(4)) to
clarify that staging operations and other operations related to
dedicated air ambulance, firefighting, or search and rescue operations
are intended to be excepted from the HMR when in compliance with the
[Federal Aviation Regulations] (FAR).'' Accordingly, PHMSA and the
Federal Aviation Administration (FAA) believe that the current special
aircraft operation's provisions in Sec.  175.1(d) sufficiently provide
the flexibility to allow for these types of flight activities (e.g.,
training flights and positioning flights prior to or after
maintenance). Therefore, PHMSA is not proposing changes to the current
HMR requirements for special aircraft operations.
     Enhanced Safety Provisions for Lithium Batteries
Transported by Aircraft: The 2015-2016 Edition of the ICAO Technical
Instructions adopted enhanced safety provisions for lithium batteries
transported by aircraft, effective April 1, 2016. These amendments (1)
prohibit the transport of lithium ion cells and batteries as cargo on
passenger aircraft; (2) require all lithium ion cells and batteries to
be shipped at not more than a 30 percent state of charge on cargo-only
aircraft; and (3) limit the use of alternative provisions for small
lithium cell or battery shipments under 49 CFR 173.185(c). PHMSA is
considering adopting these amendments in a separate rulemaking. Further
information is available in the docket for this rulemaking [PHMSA-2016-
0014].
     Sterilization Devices Containing Nitrogen Tetroxide or
Nitric Oxide: The 2017-2018 ICAO Technical Instructions adopted special
provision A211 to allow for the transport of sterilization devices that
contain small quantities of ``UN 1067, Nitrogen dioxide'' and ``UN
1660, Nitric oxide, compressed'' by both passenger and cargo aircraft.
We are not proposing incorporation of ICAO special provision A211 at
this time.
    While we did not oppose the adoption of this provision at ICAO, we
did so recognizing that the transport environment and infrastructure is
much different in parts of the world outside of the United States; and
that consistent with our harmonization rulemaking considerations we
would assess how best to address this topic within the HMR. During the
time these amendments were being considered by ICAO, we received a
special permit application that detailed more specific information than
was available during the ICAO deliberations. Additionally, PHMSA
received a petition for rulemaking (P-1672) requesting PHMSA harmonize
with the recently adopted ICAO TI provisions for sterilization devices.
Based on the lack of broad applicability, the technically specific
nature of these devices and packaging systems, the significant toxicity
hazard and corresponding risk to air transport, and the benefit of
considering additional operational controls available to mitigate risk,
it is our determination that transport in accordance with the
provisions of ICAO special provision A211 are more suitably addressed
through PHMSA's Special Permit program.
     Cylinders Containing Gases for Use in Fire Extinguishers
or Stationary Fire-Fighting Installations: In some cases cylinders that
are not a permanent component of a fire extinguisher or a stationary
fire-fighting installation are transported separately from these fire
extinguishers (e.g., prior to their use in the fire extinguisher or
stationary fire-fighting installation and for filling). At the 44th
session of the UN Sub-Committee, it was agreed that when the cylinder
containing the compressed gas is transported separately, it should be
subject to the same requirements as conventional cylinders.
    On July 26, 2016, PHMSA published a NPRM [Docket No. PHMSA-2011-
0140 (HM-234); 81 FR 48977] proposing to revise the Sec.  173.309
introductory text to include cylinders used as part of a fire
suppression system as a cylinder type authorized for transport in
accordance with the HMT entry for fire extinguishers. The HM-234 NPRM
notes the controls detailed in Sec.  173.309 provide an acceptable
level of safety regardless of whether the cylinder is equipped for use
as a handheld fire extinguisher or as a component of a fixed fire
suppression system.
    As this issue is already being considered in an open rulemaking, we
are not proposing to make any changes to the transport provisions for
fire extinguishers or cylinders used in fire extinguishers. All
comments, including potential impacts arising from differing domestic
and international requirements, concerning transport requirements for
cylinders used in fire extinguishers should be submitted to the HM-234
docket (Docket No. PHMSA-2011-0140) at http://www.regulations.gov.

VI. Section-By-Section Review

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

Part 107

Section 107.502
    Section 107.502 provides general requirements for the registration
of cargo tank and cargo tank motor vehicle manufacturers, assemblers,
repairers, inspectors, testers, and design certifying engineers. In
this NPRM, PHMSA proposes to revise paragraph (b) to provide an
exception from the registration requirements for certain persons
engaged in the repair, as defined in Sec.  180.403, of DOT
specification cargo tanks by facilities in Canada in accordance with
the proposed Sec.  180.413(a)(1)(iii) in this NPRM. Persons engaged in
the repair of cargo tanks in Canada are required to register in
accordance with the Transport Canada TDG Regulations as the Canadian
registration requirements are substantially equivalent to those in part
107 subpart F of the HMR. The registration information is available on
Transport Canada's Web site at http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/highway/tanks.aspx. The Transport Canada TDG Regulations
except persons

repairing TC specification cargo tanks at facilities in the United
States from registering in Canada if they are registered in accordance
with part 107 subpart F.
    Therefore, PHMSA believes that requiring the registration of
Canadian cargo tank repair facilities authorized by the proposed Sec.
180.413(a)(1)(iii) would be unnecessarily duplicative and that
excepting them from registering in accordance with part 107 subpart F
would augment reciprocity without negatively impacting safety. See
``Harmonization Proposals in this NPRM'' and the Sec.  180.413 entry in
the ``Section-by-Section Review'' of this document for additional
background and discussion of this proposal.
Section 107.801
    Section 107.801 prescribes approval procedures for persons seeking
to engage in a variety of activities regulated by PHMSA (i.e.,
independent inspection agencies, cylinder requalification). In this
NPRM, PHMSA proposes to amend paragraph (a)(2) to include provisions
for persons seeking approval to engage in the requalification,
rebuilding, or repair of a cylinder manufactured in accordance with a
Transport Canada (TC), Canadian Transportation Commission (CTC), Board
of Transport Commissioners for Canada (BTC) or Canadian Railway
Commission (CRC) specification under the Transport Canada TDG
Regulations. Persons engaged in the requalification, rebuilding, or
repair of TC, CTC, CRC, or BTC specification cylinders in the U.S. are
required to register with DOT in accordance with this subpart. PHMSA
will issue a new approval or revise an existing one to reflect the
applicant's intent to requalify TC cylinders. Upon approval, the
Requalifier Identification Number (RIN) holder must mark the TC
cylinder in accordance with applicable Transport Canada TDG Regulations
except that the requalifier's registered mark shall be replaced with
the DOT RIN. See the discussion of proposed changes to Sec.  107.805
for additional requirements and exceptions.
Section 107.805
    Section 107.805 prescribes the requirements cylinder and pressure
receptacle requalifiers need to meet in order to be approved by PHMSA.
In this NPRM, PHMSA proposes to amend paragraph (a) to authorize
prospective requalifiers to obtain approval by PHMSA to inspect, test,
certify, repair, or rebuild TC specification cylinders; to amend
paragraph (c)(2) to ensure the types of TC cylinders intended to be
inspected, tested, repaired, or rebuilt at the facility are included in
the application for approval to PHMSA; and to amend paragraph (d) to
include various TC cylinders to the list of cylinders requiring
issuance of a RIN to requalifiers.
    PHMSA also proposes to amend paragraph (f) to recognize facilities
authorized by Transport Canada to requalify comparable DOT
specification cylinders, as well as DOT RIN holders to requalify
comparable Transport Canada cylinders subject to modification of their
existing approval. PHMSA recognizes that Transport Canada's approval
and registration requirements are substantially equivalent to the
requirements in 49 CFR part 107 subpart I and provide an equivalent
level of safety. In addition, traceability is maintained based on
Transport Canada's publicly available Web site at http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/cylinder/requalifier.aspx,
which allows tracing of a DOT specification cylinder marked with a
Transport Canada assigned requalifier's registered mark back to the
appropriate requalification facility.\3\
---------------------------------------------------------------------------

    \3\ The search function on Transport Canada's Web site allows
users to search for the registered mark of requalifiers. Searching
by the registered mark found on a cylinder will allow interested
parties to verify that the cylinder was requalified by a facility
certified by Transport Canada.
---------------------------------------------------------------------------

    The proposed addition of paragraph (f)(2) would allow persons who
are already registered with PHMSA to perform requalification functions
on DOT specification cylinders to register to requalify corresponding
TC cylinder specifications without additional review by an independent
inspection agency. Specifications considered equivalent are identified
in the preamble to this notice (see Table 1 in Sec.  171.12
discussion). Applicants would be required to submit all of the
information prescribed in Sec.  107.705(a) that identifies the TC, CTC,
CRC, or BTC specification cylinder(s) or tube(s) to be inspected;
certifies the requalifier will operate in compliance with the
applicable TDG regulations; and certifies the persons performing
requalification have been trained in the functions applicable to the
requalifier activities.
    The proposed addition of paragraph (f)(3) would allow persons who
are already registered with Transport Canada to requalify corresponding
DOT specification cylinders without additional application to PHMSA for
approval. This proposed exception would provide cylinder owners with
additional access to repair and requalification facilities in Canada,
while also broadening reciprocity with Canada.

Part 171

Section 171.2
    Section 171.2 prescribes general requirements for each person
performing functions covered by this subchapter. PHMSA proposes to
amend paragraph (h)(1) by adding the letters ``TC,'' ``CRC,'' and
``BTC'' to the list of specification indications that may not be
misrepresented according to Sec.  171.2(g). This is necessary as a
result of proposed amendments in Sec.  171.12 authorizing the use of
various Transport Canada approved specification cylinders under certain
conditions.
Section 171.7
    Section 171.7 provides a listing of all voluntary consensus
standards incorporated by reference into the HMR, as directed by the
``National Technology Transfer and Advancement Act of 1996.'' According
to the Office of Management and Budget (OMB), Circular A-119, ``Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities,'' government
agencies must use voluntary consensus standards wherever practical in
the development of regulations. Agency adoption of industry standards
promotes productivity and efficiency in government and industry,
expands opportunities for international trade, conserves resources,
improves health and safety, and protects the environment.
    PHMSA actively participates in the development and updating of
consensus standards through representation on more than 20 consensus
standard bodies and regularly reviews updated consensus standards and
considers their merit for inclusion in the HMR. For this rulemaking, we
evaluated updated international consensus standards pertaining to
proper shipping names, hazard classes, packing groups, special
provisions, packaging authorizations, air transport quantity
limitations, and vessel stowage requirements and determined that the
revised standards provide an enhanced level of safety without imposing
significant compliance burdens. These standards have well-established
and documented safety histories, and their adoption will maintain the
high safety standard currently achieved under the HMR. Therefore, in
this NPRM, PHMSA proposes to add and revise the following incorporation
by reference materials:

     Paragraph (t)(1), which incorporates the International
Civil Aviation Organization Technical Instructions for the Safe
Transport of Dangerous Goods by Air, 2015-2016 Edition, would be
revised to incorporate the 2017-2018 Edition. The International Civil
Aviation Organization Technical Instructions for the Safe Transport of
Dangerous Goods by Air contain detailed instructions necessary for the
safe international transport of dangerous goods by air. The ICAO TI
supports the broad principles by establishing requirements necessary to
ensure hazardous materials are safely transported in aircraft while
providing a level of safety that protects the aircraft and its
occupants from undue risk.
     Paragraph (v)(2), which incorporates the International
Maritime Organization International Maritime Dangerous Goods Code, 2014
Edition, Incorporating Amendment 37-14, English Edition, Volumes 1 and
2, would be revised to incorporate the 2016 Edition, Amendment 38-16.
The International Maritime Organization International Maritime
Dangerous Goods Code is intended to provide for the safe transportation
of hazardous materials by vessel, protect crew members and to prevent
marine pollution. The Code is based on the UN Model Regulations, but
also includes additional requirements applicable to the transport of
hazardous materials by sea (e.g., requirements for marine pollutants;
freight container loading procedures; stowage and segregation; and
other requirements applicable to shipboard safety and preservation of
the marine environment) that are not covered by the UN Model
Regulations.
     Paragraph (w), which incorporates various International
Organization for Standardization entries, would be revised to
incorporate by reference standards for the specification, design,
construction, testing, and use of gas cylinders:

--ISO 3807:2013 Gas cylinders--Acetylene cylinders--Basic requirements
and type testing is proposed for incorporation in paragraph (w)(16).
ISO 3807:2013 specifies the basic and type testing requirements for
acetylene cylinders with and without fusible plugs with a maximum
nominal water capacity of 150 L (39.62 gallons) and requirements
regarding production/batch test procedures for manufacturing of
acetylene cylinders with porous material.
--ISO 7866:2012 Gas cylinders--Refillable seamless aluminium alloy gas
cylinders--Design, construction and testing; and ISO 7866:2012/Cor
1:2014 Gas cylinders--Refillable seamless aluminium alloy gas
cylinders--Design, construction and testing, Technical Corrigendum 1
are proposed for incorporation in paragraphs (w)(27) and (w)(28). ISO
7866:2012 specifies minimum requirements for the material, design,
construction and workmanship, manufacturing processes and tests at time
of manufacture of refillable seamless aluminium alloy gas cylinders of
water capacities up to and including 150 L (39.62 gallons) for
compressed, liquefied and dissolved gases for worldwide use.
--ISO 11114-2:2013 Gas cylinders--Compatibility of cylinder and valve
materials with gas contents--Part 2: Non-metallic materials is proposed
for incorporation in paragraph (w)(48). ISO 11114-2:2013 gives guidance
in the selection and evaluation of compatibility between non-metallic
materials for gas cylinders and valves and the gas contents. It also
covers bundles, tubes and pressure drums.
--ISO 9809-4:2014 Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 4: Stainless steel
cylinders with an Rm value of less than 1 100 MPa is proposed for
incorporation in paragraph (w)(36). ISO 9809-4:2014 specifies the
minimum requirements for the material, design, construction and
workmanship, manufacturing processes, examinations, and tests at
manufacture of refillable seamless stainless steel gas cylinders of
water capacities from 0.5 L (.13 gallons) up to and including 150 L
(39.62 gallons) for compressed, liquefied, and dissolved gases.
--ISO 10297:2014 Gas cylinders--Cylinder valves--Specification and type
testing is proposed for incorporation in paragraph (w)(42). ISO
10297:2014 specifies design, type testing and marking requirements for:
(a) Cylinder valves intended to be fitted to refillable transportable
gas cylinders; (b) main valves (excluding ball valves) for cylinder
bundles; (c) cylinder valves or main valves with integrated pressure
regulator (VIPR); which convey compressed, liquefied or dissolved
gases.
--ISO 10462:2013 Gas cylinders--Transportable cylinders for dissolved
acetylene--Periodic inspection and maintenance is proposed for
incorporation in paragraph (w)(44). ISO 10462:2013 specifies
requirements for the periodic inspection of acetylene cylinders as
required for the transport of dangerous goods and for maintenance in
connection with periodic inspection. It applies to acetylene cylinders
with and without solvent and with a maximum nominal water capacity of
150 L (39.62 gallons).
--ISO 11119-1:2012 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 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 11119-2:2012/Amd 1:2014 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; and ISO 11119-
3:2013 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 are proposed for incorporation
in paragraphs (w)(54), (w)(56), (w)(57), and (w)(59), respectively. ISO
11119-1:2012, ISO 11119-2:2012, and ISO 11119-3:2013 specify
requirements for composite gas cylinders and tubes between 0.5 L (39.62
gallons) and 450 L (119 gallons) water capacity, for the storage and
conveyance of compressed or liquefied gases.
--ISO 11515:2013 Gas cylinders--Refillable composite reinforced tubes
of water capacity between 450 L and 3000 L--Design, construction and
testing is proposed for incorporation in paragraph (w)(62). ISO
11515:2013 specifies minimum requirements for the design, construction
and performance testing of composite reinforced tubes between 450 L
(119 gallons) and 3,000 L (792.5 gallons) water capacity, for
transport, storage and use of compressed or liquefied gases with test
pressures up to and including 1600 bar with a design life of at least
15 years and less than or equal to 30 years.

     Paragraph (bb)(1), which incorporates the Transport Canada
Transportation of Dangerous Goods Regulations, would add subparagraphs
(xiii), (xiv), (xv), (xvi), (xvii), (xviii), and (xix) to include SOR/
2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-159 Erratum
published July

16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306
published December 31, 2014; SOR/2014-306 Erratum published January 28,
2015; and SOR/2015-100 published May 20, 2015, respectively. The
Transport Canada Transportation of Dangerous Goods Regulations proposed
for incorporation in this NPRM are updates to the existing
Transportation of Dangerous Goods Regulations and cover all updates
made by Transport Canada between January 2014-May 2015.
     Paragraph (dd)(1), which incorporates the United Nations
Recommendations on the Transport of Dangerous Goods--Model Regulations,
18th Revised Edition (2013), Volumes I and II, would be revised to
incorporate the 19th Revised Edition (2015), Volumes I and II. The
United Nations Model Regulations on the Transport of Dangerous Goods
provide a basis for development of harmonized regulations for all modes
of transport, in order to facilitate trade and the safe, efficient
transport of hazardous materials.
     Paragraph (dd)(2), which incorporates the United Nations
Recommendations on the Transport of Dangerous Goods--Manual of Tests
and Criteria, 5th Revised Edition (2009), would be revised to
incorporate the 6th Revised Edition (2015). The Manual of Tests and
Criteria contains criteria, test methods and procedures to be used for
classification of dangerous goods according to the provisions of Parts
2 and 3 of the United Nations Recommendations on the Transport of
Dangerous Goods, Model Regulations, as well as of chemicals presenting
physical hazards according to the Globally Harmonized System of
Classification and Labelling of Chemicals (GHS).
     Paragraph (dd)(3) would be added to incorporate the United
Nations Recommendations on the Transport of Dangerous Goods, Globally
Harmonized System of Classification and Labelling of Chemicals (GHS),
6th Revised Edition (2015). Section 172.401 references the
incorporation by reference of the GHS in Sec.  171.7; however, this
entry does not currently appear in Sec.  171.7. The proposed addition
of this paragraph would correct this oversight. The Globally Harmonized
System of Classification and Labelling of Chemicals (GHS), addresses
classification of chemicals by types of hazard and proposes harmonized
hazard communication elements, including labels and safety data sheets.
It aims at ensuring that information on physical hazards and toxicity
from chemicals be available in order to enhance the protection of human
health and the environment during the handling, transport and use of
these chemicals. The GHS also provides a basis for harmonization of
rules and regulations on chemicals at national, regional and worldwide
level, an important factor also for trade facilitation.
Section 171.8
    Section 171.8 defines terms generally used throughout the HMR that
have broad or multi-modal applicability. In this NPRM, PHMSA proposes
to add the following terms and definitions:
     Design life: PHMSA proposes to add the term ``design
life'' to define the maximum life of composite cylinders and tubes.
This term is specifically limited to references in the HMR related to
composite cylinders and tubes.
     SAPT: PHMSA proposes to add the term ``SAPT'' and a
reference to Sec.  173.21(f). SAPT means self-accelerated
polymerization temperature. See Sec.  173.21(f) of this subchapter.
This is consistent with the similar term SADT (self-accelerated
decomposition temperature).
     Service life: PHMSA proposes to add the term ``service
life'' to define the number of years a composite cylinder or tube is
permitted to be in service. This term is specifically limited to
references in the HMR related to composite cylinders and tubes.
    Additionally, PHMSA proposes to amend the definitions for the
following terms:
     Aerosol: PHMSA proposes to revise the definition of
``aerosol'' to clarify that it is an article. Currently under the HMR,
an aerosol is considered to be an article and therefore the use of
inner packagings in a combination package in not necessary. However,
practice has shown that an aerosol is often mistaken for the inner
packaging of a combination packaging, including both the substance
dispensed (liquid, paste, or powder) and the propellant gas itself.
     Large salvage packaging: PHMSA proposes to revise the
definition of ``large salvage packaging'' to add a reference to non-
conforming hazardous materials packages to be consistent with the
wording in the definition of ``salvage packaging.''
     UN tube: PHMSA proposes to revise the definition of ``UN
tube,'' which describes it as a seamless pressure receptacle, to
specify that the term includes composite cylinders.
Section 171.12
    Section 171.12 prescribes requirements for the use of the Transport
Canada TDG Regulations. Under the U.S.-Canada RCC, which was
established in 2011 by the President of the United States and the
Canadian Prime Minister, PHMSA and Transport Canada, with input from
stakeholders, identified impediments to cross-border transportation of
hazardous materials. In this NPRM, PHMSA proposes to address these
barriers by amending the HMR to expand recognition of cylinders, cargo
tank repair facilities, and equivalency certificates in accordance with
the TDG Regulations.
    The HMR in Sec.  171.12(a)(1) provide general authorizations to use
the TDG Regulations for hazardous materials transported from Canada to
the United States, from the United States to Canada, or through the
United States to Canada or a foreign destination. PHMSA proposes to
amend Sec.  171.12(a)(1) to authorize the use of a Transport Canada
equivalency certificate for such road or rail transportation of a
hazardous material shipment. Consistent with existing authorizations to
utilize the TDG Regulations for transportation from Canada to the
United States, the proposed authorization to use a Transport Canada
equivalency certificate only applies until the shipment's initial
transportation ends. In other words, once a shipment offered in
accordance with a Transport Canada equivalency certificate reaches the
destination shown on either a transport document or package markings,
transportation under the authorization in Sec.  171.12 has ended. Any
subsequent offering of packages imported under a Transport Canada
equivalency certificate would have to be done in full compliance with
the HMR. Transport Canada is proposing amendments to the TDG
Regulations to authorize similar reciprocal treatment of PHMSA special
permits.
    The HMR in Sec.  171.12(a)(4) authorize the transportation of a
cylinder authorized by the Transport Canada TDG Regulations to, from,
or within the United States. Currently this authorization is limited to
Canadian Transport Commission (CTC) cylinders corresponding to a DOT
specification cylinder and UN pressure receptacles marked with ``CAN.''
In this NPRM, PHMSA proposes to amend paragraph (a)(4)(ii) authorizing
the use of Canadian manufactured cylinders. Specifically, PHMSA
proposes to authorize the transportation of CTC, CRC, BTC, and TC
cylinders that have a corresponding DOT specification cylinder
prescribed in the HMR.
    This proposal does not remove or amend existing requirements for
DOT specification cylinders; rather, PHMSA proposes to provide that a
shipper may use either a DOT specification cylinder or a TC cylinder as
appropriate. The goal of these amendments is to promote

flexibility; to permit the use of advanced technology for the
requalification and use of pressure receptacles; to provide for a
broader selection of authorized pressure receptacles; to reduce the
need for special permits; and to facilitate cross-border transportation
of these cylinders.
    Additionally, PHMSA proposes to amend paragraph (a)(4) to authorize
the filling, maintenance, testing, and use of CTC, CRC, BTC, and TC
cylinders that have a corresponding DOT specification cylinder as
prescribed in HMR. This authorization will extend the recognition of
cylinders manufactured in Canada to be filled, used, and requalified
(including rebuild, repair, reheat-treatment) in the United States in
accordance with the TDG Regulations.
    Table 1 lists the Canadian cylinders with the corresponding DOT
specification cylinders:

                                 Table 1
------------------------------------------------------------------------
                                  DOT (some or all   CTC (some or all of
                                  of these may also   these may also be
               TC                 be marked with a    marked with a BTC
                                     ICC prefix)      and a CRC prefix)
------------------------------------------------------------------------
TC-3AM.........................  DOT-3A [ICC-3]....  CTC-3A
TC-3AAM........................  DOT-3AA...........  CTC-3AA
TC-3ANM........................  DOT-3BN...........  CTC-3BN
TC-3EM.........................  DOT-3E............  CTC-3E
TC-3HTM........................  DOT-3HT...........  CTC-3HT
TC-3ALM........................  DOT-3AL...........  CTC-3AL
--                               DOT-3B............  CTC-3B
TC-3AXM........................  DOT-3AX...........  CTC-3AX
TC-3AAXM.......................  DOT-3AAX..........  CTC-3AAX
TC-3TM.........................  DOT-3T............
TC-4AAM33......................  DOT-4AA480........  CTC-4AA480
TC-4BM.........................  DOT-4B............  CTC-4B
TC-4BM17ET.....................  DOT-4B240ET.......  CTC-4B240ET
TC-4BAM........................  DOT-4BA...........  CTC-4BA
TC-4BWM........................  DOT-4BW...........  CTC-4BW
TC-4DM.........................  DOT-4D............  CTC-4D
TC-4DAM........................  DOT-4DA...........  CTC-4DA
TC-4DSM........................  DOT-4DS...........  CTC-4DS
TC-4EM.........................  DOT-4E............  CTC-4E
TC-39M.........................  DOT-39............  CTC-39
TC-4LM.........................  DOT-4L............  CTC-4L
                                 DOT-8.............  CTC-8
                                 DOT-8AL...........  CTC-8AL
------------------------------------------------------------------------

    A U.S.-based facility is permitted to refill and use a cylinder
marked as meeting CTC specification provided it complies with the
applicable requirements specified in Sec.  171.12. In accordance with
Sec.  171.12(a)(4), when the provisions of subchapter C of the HMR
require that a DOT specification or a UN pressure receptacle must be
used for a hazardous material, a packaging authorized by Transport
Canada's TDG Regulations may be used only if it corresponds to the DOT
specification or UN standard authorized by this subchapter.
    If implemented, the proposed actions described above would resolve
many of the existing reciprocity issues, streamline the processing of
Canadian cylinders within the United States, and alleviate unnecessary
burdens on the transportation industry. DOT RIN holders may requalify
and mark a TC cylinder in accordance with applicable TDG Regulations,
including the application of metric markings.
Section 171.23
    Section 171.23 prescribes requirements for specific materials and
packagings transported under the various international standards
authorized by the HMR. PHMSA proposes to amend paragraph (a) to add TC,
CTC, BTC, or CRC specification cylinders to the list of cylinders which
may be transported to from or within the United States.

Part 172

Section 172.101
    Section 172.101 provides the Hazardous Materials Table (HMT), as
well as instructions for its use. Readers should review all changes for
a complete understanding of the amendments. For purposes of the
Government Printing Office's typesetting procedures, proposed changes
to the HMT appear under three sections of the Table: ``remove,''
``add,'' and ``revise.'' Certain entries in the HMT, such as those with
revisions to the proper shipping names, appear as a ``remove'' and
``add.'' In this NPRM, PHMSA proposes to amend the HMT for the
following:
    New HMT entries:
     UN 0510 Rocket Motors, Division 1.4C
    This new HMT entry is the result of packaged products of low power
``Rocket motors'' that typically meet test criteria for assignment to
Division 1.4, Compatibility Group C, but are assigned to 1.3C (i.e., UN
0186) or the 1.4C n.o.s. classification (i.e., UN 0351). This 1.4
rocket motor entry accurately reflects the product type and hazard of
these articles and allows for the assignment of specific packaging
instructions. With the addition of an internationally recognized proper
shipping name and identification number, PHMSA is considering the
removal of the existing HMT entry ``NA 0276, Model rocket motor.'' We
specifically solicit comment on the potential impact of removing the
existing ``NA 0276'' 1.4C HMT entry.
     UN 3527 Polyester resin kit, solid base material
    This new HMT entry addresses polyester resin kits with a base
material that does not meet the definition of Class 3 (Flammable
liquid) and is more appropriately classed as a Division 4.1 (Flammable
solid). Presently, polyester resin kits are limited to those with a
Class 3 liquid base material component and are assigned under the entry
UN 3269. This new entry permits products with a viscous base component
containing a flammable solvent that

does not meet the definition of a flammable liquid but does meet the
definition of a flammable solid.
     UN 3528 Engine, internal combustion, flammable liquid
powered or Engine, fuel cell, flammable liquid powered or Machinery,
internal combustion, flammable liquid powered or Machinery, fuel cell,
flammable liquid powered
     UN 3529 Engine, internal combustion, flammable gas powered
or Engine, fuel cell, flammable gas powered or Machinery, internal
combustion, flammable gas powered or Machinery, fuel cell, flammable
gas powered
     UN 3530 Engine, internal combustion or Machinery, internal
combustion
    These new HMT entries apply to the fuel contained in engines and
machinery powered by Class 3 flammable liquids, Division 2.1 gases, and
Class 9 environmentally hazardous substances. The previous entry
applicable to these articles, UN 3166, is now applicable to vehicles
only. As a result of the new ``Engine'' and ``Machinery'' entries, the
entries ``UN 3166, Engines, internal combustion, or Engines, fuel cell,
flammable gas powered'' and ``UN 3166, Engines internal combustion, or
Engines, fuel cell, flammable liquid powered'' are removed.
     UN 3531 Polymerizing substance, solid, stabilized, n.o.s.
     UN 3532 Polymerizing substance, liquid, stabilized, n.o.s.
     UN 3533 Polymerizing substance, solid, temperature
controlled, n.o.s.
     UN 3534 Polymerizing substance, liquid, temperature
controlled, n.o.s.
    These new Division 4.1 HMT entries are added for polymerizing
substances that do not meet the criteria for inclusion in any other
hazard class.
     Catecholborane (also known as 1, 3, 2-Benzodioxaborole)
    At the ICAO DGP/25 meeting, the Panel was informed of an incident
involving Catecholborane (also known as 1, 3, 2-Benzodioxaborole) that
resulted in an industry recommendation to forbid transport of the
substance by air unless transported in pressure receptacles and under
cooled conditions. The material was classified as ``UN 2924, Flammable
liquid, corrosive, n.o.s.'' The product properties indicated (1) that
the substance decomposes to borane gas at a rate of 2 percent per week
at room temperature, (2) that borane gas could ignite when in contact
with moist air, and (3) that catecholborane could react violently with
water. The incident occurred after transport of the substance was
delayed for nine days as the result of extreme weather conditions with
temperatures consistently above 33 [deg]C (91[emsp14][deg]F). After
being stored for approximately two weeks at a low temperature at the
destination, several bottles containing the substance exploded and
caught fire. It was concluded that moist air entered the bottles during
the long transit time under high temperatures causing a chemical
reaction and pressure build up. Panel members suspected a
classification problem, but they could not determine whether this was
due to shipper error or a limitation in the classification criteria in
the regulations. The issue was submitted to the attention of the UN
Sub-Committee at the December 2016 meeting for further review and
determination if a new classification was required. In the interim, a
new light type entry was added to the ICAO Technical Instructions
Dangerous Goods List with a new special provision (A210) assigned to
``Catecholborane'' and ``1, 3, 2-Benzodioxaborole'' forbidding the
substance for transport by air on both passenger and cargo aircraft.
Transport on cargo aircraft would be possible with the approval of the
State of Origin and State of the Operator.
    Consistent with the ICAO Technical Instructions, PHMSA proposes to
add new HMT entries in italics for ``Catecholborane'' and ``1, 3, 2-
Benzodioxaborole'' and to assign a new special provision A210
clarifying that this material is forbidden for air transport unless
approved by the Associate Administrator.
    Amendments to column (2) hazardous materials descriptions and
proper shipping names:
    Section 172.101(c) describes column (2) of the HMT and the
requirements for hazardous materials descriptions and proper shipping
names.
     PHMSA proposes to amend the proper shipping name for ``UN
3269, Polyester resin kit'' by adding the italicized text ``liquid base
material.'' This is consistent with the format of the new HMT entry for
polyester resin kits with a solid base material.
     PHMSA proposes to amend the proper shipping names for ``UN
3151, Polyhalogenated biphenyls, liquid or Polyhalogenated terphenyls,
liquid'' and ``UN 3152, Polyhalogenated biphenyls, solid or
Polyhalogenated terphenyls, solid'' by adding ``Halogenated
monomethyldiphenylmethanes, liquid'' and ``Halogenated
monomethyldiphenylmethanes, solid,'' respectively. Noting that
halogenated monomethyldiphenylmethanes have similar chemical and
ecotoxicological properties as polychlorinated biphenyls (PCBs) and
polychlorinated terphenyls (PCTs), we propose this revision to ensure
that they are considered as PCBs or PCTs for the purposes of transport.
    Amendments to column (3) hazard class or division:
    Section 172.101(d) describes column (3) of the HMT and the
designation of the hazard class or division corresponding to each
proper shipping name.
    PHMSA proposes to revise the hazard class of ``UN 3507, Uranium
hexafluoride, radioactive material, excepted package, less than 0.1 kg
per package, non-fissile or fissile-excepted,'' from Class 8 to
Division 6.1 and subsequently to add the Class 8 hazard as a subsidiary
hazard label code in column (6). This revision is based on the
precedence provisions for classification of materials possessing more
than one hazard and is consistent with the 19th Revised Edition of the
UN Model Regulations. The presence of a Division 6.1 hazard was
determined following a thorough review of literature and test data on
uranium hexafluoride. A summary of the data and a proposal to revise
the primary hazard class from Class 8 to Division 6.1 was provided in
Working Paper ST/SG/AC.10/C.3/2014/60, which was submitted to the 45th
session of the UN Sub-Committee of Experts on the Transport of
Dangerous Goods and is available at http://www.unece.org/fileadmin/DAM/trans/doc/2013/dgac10c3/ST-SG-AC.10-C.3-2014-60e.pdf.
    Amendments to column (6) label(s):
    Section 172.101(g) describes column (6) of the HMT and the labels
required (primary and subsidiary) for specific entries in the HMT.
    Data presented to the UNSCOE in this last biennium indicated a need
for the addition of a subsidiary hazard of Division 6.1 to be assigned
to ``UN 2815, N-Aminoethylpiperazine,'' ``UN 2977, Radioactive
material, uranium hexafluoride, fissile,'' and ``UN 2978, Radioactive
material, uranium hexafluoride non fissile or fissile-excepted.'' PHMSA
proposes to make appropriate amendments to the HMT to account for these
revisions to the UN Model Regulations.
    For the HMT entry, ``UN 3507, Uranium hexafluoride, radioactive
material, excepted package, less than 0.1 kg per package, non-fissile
or fissile-excepted,'' PHMSA proposes to revise the labels for
consistency with the change made to the classification of this material
under amendments to column (3) (see above). The Class 8 (Corrosive)
primary hazard label would be revised to a Division 6.1 primary hazard
label and Class 8 subsidiary hazard label in

addition to the existing Class 7 (Radioactive) subsidiary hazard label
to read ``6.1, 7, 8.''
    Amendments to column (7) special provisions:
    Section 172.101(h) describes column (7) of the HMT whereas Sec.
172.102(c) prescribes the special provisions assigned to specific
entries in the HMT. The particular modifications to the entries in the
HMT are discussed below. See ``Section 172.102 special provisions''
below for a detailed discussion of the proposed additions, revisions,
and deletions to the special provisions addressed in this NPRM.
     In this NPRM, new special provision 157 is proposed to be
assigned to the HMT entry ``UN 3527, Polyester resin kit, solid base
material.''
     In this NPRM, new special provision 379 is proposed to be
assigned to the HMT entries ``UN1005, Ammonia, anhydrous'' and ``UN
3516, Adsorbed gas, toxic, corrosive, n.o.s.''
     In the 19th Revised Edition of the UN Model Regulations,
new special provision 386 was assigned to the four new ``n.o.s.'' HMT
entries for polymerizing substances and to the 52 named substances in
the HMT that polymerize, all of which contain the text ``stabilized''
as part of the proper shipping name, except for ``UN 2383,
Dipropylamine'' (see Table 2 below). This new special provision
includes transport controls to avoid dangerous polymerization reactions
including the use of chemical stabilization or temperature control.
    In this NPRM, new special provision 387 (special provision 386
already exists) is proposed to be assigned to all 52 HMT entries.

                                 Table 2
------------------------------------------------------------------------
                  Proper shipping name                        UN No.
------------------------------------------------------------------------
Acrolein dimer, stabilized..............................          UN2607
Acrolein, stabilized....................................          UN1092
Acrylic acid, stabilized................................          UN2218
Acrylonitrile, stabilized...............................          UN1093
Allyl isothiocyanate, stabilized........................          UN1545
Allyltrichlorosilane, stabilized........................          UN1724
Bicyclo [2,2,1] hepta-2,5-diene, stabilized or 2,5-               UN2251
 Norbornadiene, stabilized..............................
Butadienes, stabilized or Butadienes and Hydrocarbon              UN1010
 mixture, stabilized containing more than 40% butadienes
Butyl acrylates, stabilized.............................          UN2348
n-Butyl methacrylate, stabilized........................          UN2227
Butyl vinyl ether, stabilized...........................          UN2352
1,2-Butylene oxide, stabilized..........................          UN3022
Chloroprene, stabilized.................................          UN1991
Crotonaldehyde or Crotonaldehyde, stabilized............          UN1143
Cyanogen chloride, stabilized...........................          UN1589
Diketene, stabilized....................................          UN2521
Dipropylamine...........................................          UN2383
Divinyl ether, stabilized...............................          UN1167
Ethyl acrylate, stabilized..............................          UN1917
Ethyl methacrylate, stabilized..........................          UN2277
Ethylacetylene, stabilized..............................          UN2452
Ethyleneimine, stabilized...............................          UN1185
Hydrogen cyanide, stabilized with less than 3 percent             UN1051
 water..................................................
Hydrogen cyanide, stabilized, with less than 3 percent            UN1614
 water and absorbed in a porous inert material..........
Isobutyl acrylate, stabilized...........................          UN2527
Isobutyl methacrylate, stabilized.......................          UN2283
Isoprene, stabilized....................................          UN1218
Methacrylaldehyde, stabilized...........................          UN2396
Methacrylic acid, stabilized............................          UN2531
Methacrylonitrile, stabilized...........................          UN3079
Methyl acetylene and propadiene mixtures, stabilized....          UN1060
Methyl acrylate, stabilized.............................          UN1919
Methyl isopropenyl ketone, stabilized...................          UN1246
Methyl methacrylate monomer, stabilized.................          UN1247
Methyl vinyl ketone, stabilized.........................          UN1251
Propadiene, stabilized..................................          UN2200
Propyleneimine, stabilized..............................          UN1921
Styrene monomer, stabilized.............................          UN2055
Sulfur trioxide, stabilized.............................          UN1829
Tetrafluoroethylene, stabilized.........................          UN1081
Trifluorochloroethylene, stabilized or Refrigerant gas R          UN1082
 1113...................................................
Vinyl acetate, stabilized...............................          UN1301
Vinyl bromide, stabilized...............................          UN1085
Vinyl butyrate, stabilized..............................          UN2838
Vinyl chloride, stabilized..............................          UN1086
Vinyl ethyl ether, stabilized...........................          UN1302
Vinyl fluoride, stabilized..............................          UN1860
Vinyl isobutyl ether, stabilized........................          UN1304
Vinyl methyl ether, stabilized..........................          UN1087
Vinylidene chloride, stabilized.........................          UN1303
Vinylpyridines, stabilized..............................          UN3073
Vinyltoluenes, stabilized...............................          UN2618
------------------------------------------------------------------------

     In this NPRM, new special provision 422 is proposed to be
assigned to the HMT entries ``UN 3480, Lithium ion batteries including
lithium ion polymer batteries''; ``UN 3481, Lithium ion batteries
contained in equipment including lithium ion polymer batteries''; ``UN
3481 Lithium ion batteries packed with equipment including lithium ion
polymer batteries''; ``UN 3090, Lithium metal batteries including
lithium alloy batteries''; ``UN 3091, Lithium metal batteries contained
in equipment including lithium alloy batteries''; and ``UN3091, Lithium
metal batteries packed with equipment including lithium alloy
batteries.''
     In this NPRM, special provision 134 is proposed to be
removed from the HMT entry ``UN 3072, Life-saving appliances, not self-
inflating containing dangerous goods as equipment'' and replaced with
new special provision 182. On January 8, 2015, PHMSA published a final
rule [Docket No. PHMSA-2013-0260 (HM-215M); 80 FR 1075] that added
special provision 134 to ``UN 3072.'' The intent of this action was to
harmonize with special provision A182 of the ICAO Technical
Instructions to clarify that equipment containing only lithium
batteries must be classified as either lithium batteries contained in
or packed with equipment ``UN 3091'' or ``UN 3481.'' In reviewing the
assignment of special provision 134 to ``UN 3072'' to make this
clarification, PHMSA found that the provisions of special provision 134
are not assigned to ``UN 3072'' in any international standard, but
rather to the entry for ``UN 3171, Battery-powered vehicle or Battery-
powered equipment.'' Although special provision 134 does require that
equipment powered only by lithium metal batteries or lithium ion
batteries must be consigned under the entries associated with lithium
batteries contained in or packed with equipment, the rest of special
provision 134 is not applicable to ``Life-saving appliances, not self-
inflating containing dangerous goods as equipment.'' As a result, PHMSA
proposes a new special provision 182 applicable only to the HMT entry
for ``UN 3072, Life-saving appliances, not self-inflating containing
dangerous goods as equipment'' to clarify that equipment containing
only lithium batteries must be classified as either lithium batteries
contained in or packed with equipment ``UN 3091'' or ``UN 3481,'' as
appropriate.
     In this NPRM, new special provision A210 is proposed to be
assigned to the new HMT italicized entries for ``Catecholborane'' and
``1, 3, 2-Benzodioxaborole.''
     In this NPRM, new special provision A212 is proposed to be
assigned to the HMT entry ``UN 2031, Nitric acid other than red fuming,
with more than 20 percent and less than 65 percent nitric acid.''
     In this NPRM, new special provision B134 is proposed to be
assigned to the PG III entries in Table 4 to be consistent with
revisions to the IMDG Code.

                                 Table 4
------------------------------------------------------------------------
                  Proper shipping name                        UN No.
------------------------------------------------------------------------
Aluminum powder, coated.................................          UN1309
Ferrous metal borings or Ferrous metal shavings or                UN2793
 Ferrous metal turnings or Ferrous metal cuttings in a
 form liable to self-heating............................
Iron oxide, spent, or Iron sponge, spent obtained from            UN1376
 coal gas purification..................................
Magnesium or Magnesium alloys with more than 50 percent           UN1869
 magnesium in pellets, turnings or ribbons..............
Peroxides, inorganic, n.o.s.............................          UN1483
Titanium sponge granules or Titanium sponge powders.....          UN2878
------------------------------------------------------------------------

     In this NPRM, new special provision B135 is proposed to be
assigned to the PG III entries in Table 5 consistent with revisions to
the IMDG Code.

                                 Table 5
------------------------------------------------------------------------
                  Proper shipping name                        UN No.
------------------------------------------------------------------------
Hafnium powder, dry.....................................          UN2545
Metal catalyst, dry.....................................          UN2881
Metal powder, self-heating, n.o.s.......................          UN3189
Titanium powder, dry....................................          UN2546
Zirconium powder, dry...................................          UN2008
Zirconium scrap.........................................          UN1932
------------------------------------------------------------------------

     In this NPRM, special provision TP1 is changed to TP2 for
the following entries: ``UN 2672, Ammonia solution, relative density
between 0.880 and 0.957 at 15 degrees C in water, with more than 10
percent but not more than 35 percent ammonia''; ``UN 2709, Butyl
benzenes''; ``UN 2241, Cycloheptane''; ``UN 1206, Heptanes''; ``UN
1208, Hexanes''; ``UN 2294, N-Methylaniline''; ``UN 2296,
Methylcyclohexane''; ``UN 1920, Nonanes''; ``UN 1262, Octanes''; ``UN
2368, alpha-Pinene''; ``UN 1272, Pine oil''; ``UN 2850, Propylene
tetramer''; ``UN 2325, 1,3,5-Trimethylbenzene''; ``UN 2057,
Tripropylene''; ``UN 1299, Turpentine''; and ``UN 1840, Zinc chloride,
solution.'' Tank provision TP2 authorizes a slightly lower degree of
filling than TP1. The IMDG Code follows a guiding principle that
assigns TP2 to materials that are marine pollutants. In a previous
harmonization rulemaking (HM-215M; 80 FR 1075), PHMSA added various
hazardous materials to the list of marine pollutants in appendix B to
Sec.  172.101, but both the HMT and IMDG Code failed to change the TP
code from TP1 to TP2 to authorize a lower degree of filling.
     In this NPRM, special provisions T9, TP7, and TP33 are
proposed to be assigned to the HMT entry ``UN 1415, Lithium.'' This
permits UN 1415 for transportation in UN portable tanks consistent with
similar Division 4.3, PG I materials.
     In this NPRM, new special provisions W31, W32, W40, and
W100 are proposed to certain water-reactive substances. The proposed
special provisions correspond with special packaging provisions PP31,
PP31 ``modified'' (Packing Instruction P403), PP40, and PP100 of the
IMDG Code, respectively. Table 6 contains the proposed changes listed
in alphabetical order and showing the proper shipping name, UN
identification number, and the proposed special provision(s).

                                 Table 6
------------------------------------------------------------------------
      Proper shipping name            UN No.       Proposed addition(s)
------------------------------------------------------------------------
Alkali metal alcoholates, self-           UN3206  W31
 heating, corrosive, n.o.s.
Alkali metal alloys, liquid,              UN1421  W31
 n.o.s.
Alkali metal amalgam, liquid....          UN1389  W31
Alkali metal amalgam, solid.....          UN3401  W32
Alkali metal amides.............          UN1390  W31, W40
Alkali metal dispersions,                 UN3482  W31
 flammable or Alkaline earth
 metal dispersions, flammable.
Alkali metal dispersions, or              UN1391  W31
 Alkaline earth metal
 dispersions.

Alkaline earth metal                      UN3205  W31
 alcoholates, n.o.s.
Alkaline earth metal alloys,              UN1393  W31, W40
 n.o.s.
Alkaline earth metal amalgams,            UN1392  W31
 liquid.
Alkaline earth metal amalgams,            UN3402  W32
 solid.
Aluminum carbide................          UN1394  W31, W40
Aluminum ferrosilicon powder (PG          UN1395  W31, W40
 II).
Aluminum hydride................          UN2463  W32
Aluminum phosphide..............          UN1397  W32
Aluminum phosphide pesticides...          UN3048  W31
Aluminum powder, coated.........          UN1309  W100
Aluminum powder, uncoated.......          UN1396  W31, W40
Aluminum silicon powder,                  UN1398  W31, W40
 uncoated.
Aluminum smelting by-products or          UN3170  W31, W40
 Aluminum remelting by-products
 (PG II).
Aluminum smelting by-products or          UN3170  W31
 Aluminum remelting by-products
 (PG III).
2-Amino-4,6-Dinitrophenol,                UN3317  W31
 wetted with not less than 20
 percent water by mass.
Ammonium picrate, wetted with             UN1310  W31
 not less than 10 percent water,
 by mass.
Arsenic acid, liquid............          UN1533  W31
Barium..........................          UN1400  W31, W40
Barium alloys, pyrophoric.......          UN1854  W31
Barium azide, wetted with not             UN1571  W31
 less than 50 percent water, by
 mass.
Barium cyanide..................          UN1565  W31
Barium peroxide.................          UN1449  W100
Beryllium, powder...............          UN1567  W100
Boron trifluoride diethyl                 UN2604  W31
 etherate.
Boron trifluoride dimethyl                UN2965  W31
 etherate.
Bromobenzyl cyanides, liquid....          UN1694  W31
Bromobenzyl cyanides, solid.....          UN3449  W31
Calcium.........................          UN1401  W31, W40
Calcium carbide (PG I)..........          UN1402  W32
Calcium carbide (PG II).........          UN1402  W31, W40
Calcium cyanamide with more than          UN1403  W31, W40
 0.1 percent of calcium carbide.
Calcium cyanide.................          UN1575  W31
Calcium dithionite or Calcium             UN1923  W31
 hydrosulfite.
Calcium hydride.................          UN1404  W32
Calcium manganese silicon.......          UN2844  W31
Calcium peroxide................          UN1457  W100
Calcium phosphide...............          UN1360  W32
Calcium, pyrophoric or Calcium            UN1855  W31
 alloys, pyrophoric.
Calcium silicide (PG II)........          UN1405  W31
Calcium silicide (PG III).......          UN1405  W31, W40
Carbon, activated...............          UN1362  W31
Carbon disulfide................          UN1131  W31
Cerium, slabs, ingots, or rods..          UN1333  W100
Cerium, turnings or gritty                UN3078  W31, W40
 powder.
Cesium or Caesium...............          UN1407  W32
Chloric acid aqueous solution,            UN2626  W31
 with not more than 10 percent
 chloric acid.
Chlorosilanes, water-reactive,            UN2988  W31
 flammable, corrosive, n.o.s.
Chromium trioxide, anhydrous....          UN1463  W31
Corrosive solids, water-                  UN3096  W100
 reactive, n.o.s (PG II).
Cyanogen bromide................          UN1889  W31
Decaborane......................          UN1868  W31
Dinitrophenol, wetted with not            UN1320  W31
 less than 15 percent water, by
 mass.
Dinitrophenolates, wetted with            UN1321  W31
 not less than 15 percent water,
 by mass.
Dinitroresorcinol, wetted with            UN1322  W31
 not less than 15 percent water,
 by mass.
Diphenylamine chloroarsine......          UN1698  W31
Diphenylchloroarsine, liquid....          UN1699  W31
Diphenylchloroarsine, solid.....          UN3450  W31
Dipicryl sulfide, wetted with             UN2852  W31
 not less than 10 percent water,
 by mass.
Ethyldichlorosilane.............          UN1183  W31
Ferrocerium.....................          UN1323  W100
Ferrosilicon with 30 percent or           UN1408  W100
 more but less than 90 percent
 silicon.
Ferrous metal borings or Ferrous          UN2793  W100
 metal shavings or Ferrous metal
 turnings or Ferrous metal
 cuttings in a form liable to
 self-heating.
Fibers or Fabrics, animal or              UN1373  W31
 vegetable or Synthetic, n.o.s.
 with animal or vegetable oil.
Fish meal, unstabilized or Fish           UN1374  W31, W40
 scrap, unstabilized.
Hafnium powder, dry.............          UN2545  W31
Hafnium powder, wetted with not           UN1326  W31, W40
 less than 25 percent water (a
 visible excess of water must be
 present) (a) mechanically
 produced, particle size less
 than 53 microns; (b) chemically
 produced, particle size less
 than 840 microns.
Iron oxide, spent, or Iron                UN1376  W100
 sponge, spent obtained from
 coal gas purification.
Isocyanates, flammable, toxic,            UN2478  W31
 n.o.s. or Isocyanate solutions,
 flammable, toxic, n.o.s. flash
 point less than 23 degrees C.

Lithium.........................          UN1415  W32
Lithium aluminum hydride........          UN1410  W32
Lithium borohydride.............          UN1413  W32
Lithium ferrosilicon............          UN2830  W31, W40
Lithium hydride.................          UN1414  W32
Lithium hydride, fused solid....          UN2805  W31, W40
Lithium nitride.................          UN2806  W32
Lithium peroxide................          UN1472  W100
Lithium silicon.................          UN1417  W31, W40
Magnesium aluminum phosphide....          UN1419  W32
Magnesium diamide...............          UN2004  W31
Magnesium granules, coated,               UN2950  W100
 particle size not less than 149
 microns.
Magnesium hydride...............          UN2010  W32
Magnesium or Magnesium alloys             UN1869  W100
 with more than 50 percent
 magnesium in pellets, turnings
 or ribbons.
Magnesium peroxide..............          UN1476  W100
Magnesium phosphide.............          UN2011  W32
Magnesium, powder or Magnesium            UN1418  W32
 alloys, powder (PG I).
Magnesium, powder or Magnesium            UN1418  W31, W40
 alloys, powder (PG II).
Magnesium, powder or Magnesium            UN1418  W31
 alloys, powder (PG III).
Magnesium silicide..............          UN2624  W31, W40
Maneb or Maneb preparations with          UN2210  W100
 not less than 60 percent maneb.
Maneb stabilized or Maneb                 UN2968  W100
 preparations, stabilized
 against self-heating.
Mercuric potassium cyanide......          UN1626  W31
Metal catalyst, dry.............          UN2881  W31
Metal catalyst, wetted with a             UN1378  W31, W40
 visible excess of liquid.
Metal hydrides, flammable,                UN3182  W31, W40
 n.o.s. (PG II).
Metal hydrides, flammable,                UN3182  W31
 n.o.s. (PG III).
Metal hydrides, water reactive,           UN1409  W32
 n.o.s (PG I).
Metal hydrides, water reactive,           UN1409  W31, W40
 n.o.s (PG II).
Metal powder, self-heating,               UN3189  W31
 n.o.s.
Metal powders, flammable, n.o.s.          UN3089  W100
Metal salts of organic                    UN3181  W31
 compounds, flammable, n.o.s.
Metallic substance, water-                UN3208  W32
 reactive, n.o.s (PG I).
Metallic substance, water-        ..............  W31
 reactive, n.o.s (PG II).
Metallic substance, water-                UN3208  W31, W40
 reactive, n.o.s (PG III).
Metallic substance, water-                UN3209  W32
 reactive, self-heating, n.o.s
 (PG I and III).
Metallic substance, water-                UN3209  W32, W40
 reactive, self-heating, n.o.s
 (PG II).
Methyldichlorosilane............          UN1242  W31
Nitrocellulose, with not more             UN2557  W31
 than 12.6 percent nitrogen, by
 dry mass mixture with or
 without plasticizer, with or
 without pigment.
Nitrocellulose with alcohol with          UN2556  W31
 not less than 25 percent
 alcohol by mass, and with not
 more than 12.6 percent
 nitrogen, by dry mass.
Nitrocellulose with water with            UN2555  W31
 not less than 25 percent water
 by mass.
Nitroguanidine, wetted or                 UN1336  W31
 Picrite, wetted with not less
 than 20 percent water, by mass.
4[dash]Nitrophenylhydrazine,              UN3376  W31
 with not less than 30 percent
 water, by mass.
Nitrostarch, wetted with not              UN1337  W31
 less than 20 percent water, by
 mass.
Organometallic substance,                 UN3398  W31
 liquid, water-reactive.
Organometallic substance,                 UN3399  W31
 liquid, water-reactive,
 flammable.
Organometallic substance, solid,          UN3395  W31
 water-reactive.
Organometallic substance, solid,          UN3396  W31
 water-reactive, flammable.
Organometallic substance, solid,          UN3397  W31
 water-reactive, self-heating.
Osmium tetroxide................          UN2471  W31
Paper, unsaturated oil treated            UN1379  W31
 incompletely dried (including
 carbon paper).
Peroxides, inorganic, n.o.s.....          UN1483  W100
9-Phosphabicyclononanes or                UN2940  W31
 Cyclooctadiene phosphines.
Phosphorus heptasulfide, free             UN1339  W31
 from yellow or white phosphorus.
Phosphorus pentasulfide, free             UN1340  W31, W40
 from yellow or white phosphorus.
Phosphorus sesquisulfide, free            UN1341  W31
 from yellow or white phosphorus.
Phosphorus trisulfide, free from          UN1343  W31
 yellow or white phosphorus.
Phosphorus, white dry or                  UN1381  W31
 Phosphorus, white, under water
 or Phosphorus white, in
 solution or Phosphorus, yellow
 dry or Phosphorus, yellow,
 under water or Phosphorus,
 yellow, in solution.
Potassium.......................          UN2257  W32
Potassium borohydride...........          UN1870  W32
Potassium cyanide, solid........          UN1680  W31
Potassium cyanide solution......          UN3413  W31
Potassium dithionite or                   UN1929  W31
 Potassium hydrosulfite.
Potassium, metal alloys, liquid.          UN1420  W31
Potassium, metal alloys, solid..          UN3403  W32
Potassium phosphide.............          UN2012  W32
Potassium sodium alloys, liquid.          UN1422  W31
Potassium sodium alloys, solid..          UN3404  W32

Potassium sulfide, anhydrous or           UN1382  W31, W40
 Potassium sulfide with less
 than 30 percent water of
 crystallization.
Pyrophoric liquids, organic,              UN2845  W31
 n.o.s.
Pyrophoric metals, n.o.s., or             UN1383  W31
 Pyrophoric alloys, n.o.s.
Pyrophoric solid, inorganic,              UN3200  W31
 n.o.s.
Pyrophoric solids, organic,               UN2846  W31
 n.o.s.
Rubidium........................          UN1423  W32
Self-heating liquid, corrosive,           UN3188  W31
 inorganic, n.o.s.
Self-heating liquid, corrosive,           UN3185  W31
 organic, n.o.s.
Self-heating liquid, inorganic,           UN3186  W31
 n.o.s.
Self-heating liquid, organic,             UN3183  W31
 n.o.s.
Self-heating liquid, toxic,               UN3187  W31
 inorganic, n.o.s.
Self-heating liquid, toxic,               UN3184  W31
 organic, n.o.s.
Self-heating solid, inorganic,            UN3190  W31
 n.o.s.
Self-heating solid, organic,              UN3088  W31
 n.o.s.
Silver picrate, wetted with not           UN1347  W31
 less than 30 percent water, by
 mass.
Sodium..........................          UN1428  W32
Sodium aluminum hydride.........          UN2835  W31, W40
Sodium borohydride..............          UN1426  W32
Sodium cyanide, solid...........          UN1689  W31
Sodium cyanide solution.........          UN3414  W31
Sodium dinitro-o-cresolate,               UN3369  W31
 wetted with not less than 10%
 water, by mass.
Sodium dinitro-o-cresolate,               UN1348  W31
 wetted with not less than 15
 percent water, by mass.
Sodium dithionite or Sodium               UN1384  W31
 hydrosulfite.
Sodium hydride..................          UN1427  W32
Sodium hydrosulfide, with less            UN2318  W31
 than 25 percent water of
 crystallization.
Sodium methylate................          UN1431  W31
Sodium phosphide................          UN1432  W32
Sodium picramate, wetted with             UN1349  W31
 not less than 20 percent water,
 by mass.
Sodium sulfide, anhydrous or              UN1385  W31, W40
 Sodium sulfide with less than
 30 percent water of
 crystallization.
Stannic phosphide...............          UN1433  W32
Strontium peroxide..............          UN1509  W100
Strontium phosphide.............          UN2013  W32
Tear gas substances, liquid,              UN1693  W31
 n.o.s.
Tear gas substance, solid, n.o.s          UN3448  W31
4-Thiapentanal..................          UN2785  W31
Thiourea dioxide................          UN3341  W31
Titanium disulphide.............          UN3174  W31
Titanium hydride................          UN1871  W31, W40
Titanium powder, dry............          UN2546  W31
Titanium powder, wetted with not          UN1352  W31, W40
 less than 25 percent water (a
 visible excess of water must be
 present) (a) mechanically
 produced, particle size less
 than 53 microns; (b) chemically
 produced, particle size less
 than 840 microns.
Titanium sponge granules or               UN2878  W100
 Titanium sponge powders.
Titanium trichloride, pyrophoric          UN2441  W31
 or Titanium trichloride
 mixtures, pyrophoric.
Toxic solids, water-reactive,             UN3125  W100
 n.o.s.
Trichlorosilane.................          UN1295  W31
Trinitrobenzene, wetted, with             UN3367  W31
 not less than 10% water, by
 mass.
Trinitrobenzene, wetted with not          UN1354  W31
 less than 30 percent water, by
 mass.
Trinitrobenzoic acid, wetted              UN3368  W31
 with not less than 10% water by
 mass.
Trinitrobenzoic acid, wetted              UN1355  W31
 with not less than 30 percent
 water, by mass.
Trinitrochlorobenzene (picryl             UN3365  W31
 chloride), wetted, with not
 less than 10% water by mass.
Trinitrophenol (picric acid),             UN3364  W31
 wetted, with not less than 10
 percent water by mass.
Trinitrophenol, wetted with not           UN1344  W31
 less than 30 percent water, by
 mass.
Trinitrotoluene (TNT), wetted,            UN3366  W31
 with not less than 10 percent
 water by mass.
Trinitrotoluene, wetted or TNT,           UN1356  W31
 wetted, with not less than 30
 percent water by mass.
Urea nitrate, wetted, with not            UN3370  W31
 less than 10 percent water by
 mass.
Urea nitrate, wetted with not             UN1357  W31
 less than 20 percent water, by
 mass.
Water-reactive liquid, n.o.s....          UN3148  W31
Water-reactive solid, corrosive,          UN3131  W31
 n.o.s (PG I and III).
Water-reactive solid, corrosive,          UN3131  W31, W40
 n.o.s (PG II).
Water-reactive solid, flammable,          UN3132  W31
 n.o.s (PG I and III).
Water-reactive solid, flammable,          UN3132  W31, W40
 n.o.s (PG III).
Water-reactive solid, n.o.s (PG           UN2813  W32
 I).
Water-reactive solid, n.o.s (PG           UN2813  W31, W40
 II).
Water-reactive solid, n.o.s (PG           UN2813  W31
 III).
Water-reactive solid, self-               UN3135  W31
 heating, n.o.s (PG I and III).
Water-reactive solid, self-               UN3135  W31, W40
 heating, n.o.s (PG I).
Water-reactive solid, toxic,              UN3134  W31
 n.o.s (PG I and III).
Water-reactive solid, toxic,              UN3134  W31, W40
 n.o.s (PG II).
Xanthates.......................          UN3342  W31
Xylyl bromide, liquid...........          UN1701  W31

Zinc ashes......................          UN1435  W100
Zinc peroxide...................          UN1516  W100
Zinc phosphide..................          UN1714  W32
Zinc powder or Zinc dust (PG I            UN1436  W31
 and III).
Zinc powder or Zinc dust (PG II)          UN1436  W31, W40
Zirconium hydride...............          UN1437  W31, W40
Zirconium, dry, coiled wire,              UN2858  W100
 finished metal sheets, strip
 (thinner than 254 microns but
 not thinner than 18 microns).
Zirconium, dry, finished sheets,          UN2009  W31
 strip or coiled wire.
Zirconium picramate, wetted with          UN1517  W31
 not less than 20 percent water,
 by mass.
Zirconium powder, dry...........          UN2008  W31
Zirconium powder, wetted with             UN1358  W31, W40
 not less than 25 percent water
 (a visible excess of water must
 be present) (a) mechanically
 produced, particle size less
 than 53 microns; (b) chemically
 produced, particle size less
 than 840 microns.
Zirconium scrap.................          UN1932  W31
------------------------------------------------------------------------

    Amendments to column (9) quantity limitations:
    Section 172.101(j) describes column (9) of the HMT and the quantity
limitations for specific entries. Furthermore, columns (9A) and (9B)
specify the maximum quantities that may be offered for transportation
in one package by passenger-carrying aircraft or passenger-carrying
rail car (column (9A)) or by cargo-only aircraft (column (9B)). The
indication of ``forbidden'' means the material may not be offered for
transportation or transported in the applicable mode of transport.
    In this NPRM, PHMSA proposes for column (9B) a quantity limit of 75
kg for ``UN 0501, Propellant, solid, Division 1.4C.'' Previously,
column (9B) forbid the transport of UN 0501 by cargo-only aircraft.
This new quantity limit is consistent with the authorized quantity
limit found in the ICAO Technical Instructions. In a working paper
submitted at the 25th meeting the ICAO DGP, it was noted that while all
other Division 1.4C explosives listed in the table were forbidden on
passenger aircraft, only UN 0501 was also forbidden on cargo aircraft.
A maximum net quantity of 75 kg per package was permitted on cargo
aircraft for all other Division 1.4C explosives. It was also reported
that a June 2015 meeting of the United Nations Working Group on
Explosives had determined that there were no differences between the
transport risks posed by UN 0501 and other Division 1.4C explosives.
    Amendments to column (10) vessel stowage requirements:
    Section 172.101(k) explains the purpose of column (10) of the HMT
and prescribes the vessel stowage and segregation requirements for
specific entries. Column (10) is divided into two columns: column (10A)
[Vessel stowage] specifies the authorized stowage locations on board
cargo and passenger vessels, and column (10B) [Other provisions]
specifies special stowage and segregation provisions. The meaning of
each code in column (10B) is set forth in Sec.  176.84 of this
subchapter.
    Consistent with changes to Amendment 38-16 of the IMDG Code, PHMSA
proposes numerous changes to the vessel stowage location codes shown in
column (10A) of the HMT. The majority of these changes are a result of
those made to the IMDG Code to ensure the safe transportation of
substances requiring stabilization when transported by vessel. Table 7
contains the proposed changes listed in alphabetical order and showing
the proper shipping name, UN identification number, current vessel
stowage location code, and proposed vessel stowage location.

                                                     Table 7
----------------------------------------------------------------------------------------------------------------
                                                                                Proposed
                     Proper shipping name                           UN No.      Current  vessel  vessel  stowage
                                                                                stowage code         code
----------------------------------------------------------------------------------------------------------------
Acrolein dimer, stabilized....................................            2607               A                 C
Acrylonitrile, stabilized.....................................            1093               E                D
N-Aminoethylpiperazine........................................            2815               A                B
Butyl acrylates, stabilized...................................            2348               A                 C
n-Butyl methacrylate, stabilized..............................            2227               A                 C
Butyl vinyl ether, stabilized.................................            2352               B                 C
1,2-Butylene oxide, stabilized................................            3022               B                 C
Ethyl acrylate, stabilized....................................            1917               B                 C
Ethyl methacrylate, stabilized................................            2277               B                 C
Isobutyl acrylate, stabilized.................................            2527               A                 C
Isobutyl methacrylate, stabilized.............................            2283               A                 C
Isoprene, stabilized..........................................            1218               E                D
Methacrylaldehyde, stabilized.................................            2396               E                D
Methyl acrylate, stabilized...................................            1919               B                 C
Methyl isopropenyl ketone, stabilized.........................            1246               B                 C
Methyl methacrylate monomer, stabilized.......................            1247               B                 C
Potassium superoxide..........................................            2466               E                D
Propyleneimine, stabilized....................................            1921               B                D
Radioactive material, uranium hexafluoride non fissile or                 2978               A                B
 fissile-excepted.............................................
Radioactive material, uranium hexafluoride, fissile...........            2977               A                B

Styrene monomer, stabilized...................................            2055               A                 C
Vinyl acetate, stabilized.....................................            1301               B                 C
Vinyl butyrate, stabilized....................................            2838               B                 C
Vinyl isobutyl ether, stabilized..............................            1304               B                 C
Vinylidene chloride, stabilized...............................            1303               E                D
Vinyltoluenes, stabilized.....................................            2618               A                 C
----------------------------------------------------------------------------------------------------------------

    With the addition of a Division 6.1 subsidiary hazard to ``UN 2815,
N-Aminoethylpiperazine,'' ``UN 2977, Radioactive material, uranium
hexafluoride, fissile,'' and ``UN 2978, Radioactive material, uranium
hexafluoride non fissile or fissile-excepted,'' PHMSA proposes that
code ``40,'' which indicates that the material must be stowed clear of
living quarters, be added to column (10B) for these entries to remain
consistent with the IMDG Code.
    As a consequence of adding special provision 387, which addresses
stabilization requirements to 52 existing entries in the HMT that are
identified as requiring such, the IMO amended vessel stowage
requirements for these entries. PHMSA proposes to add code ``25'' to
column (10B) for the same 52 entries identified in Table 2. We note
that the IMDG Code did not assign stowage provisions equivalent to code
``25'' to ``UN 1167, Divinyl ether, stabilized'' or ``UN 2383,
Dipropylamine.'' Stowage code ``25'' requires these materials to be
protected from sources of heat. PHMSA believes the omission of this
stowage requirement in the IMDG Code to be an oversight, and we propose
to add stowage code ``25'' to these two HMR entries.
    Code ``28'' requires materials to which this code is assigned to be
stowed away from flammable liquids. In this NPRM, consistent with
changes to the IMDG Code, PHMSA proposes to remove code ``28'' from
column (10B) for the following HMT entries: ``UN 2965, Boron
trifluoride dimethyl etherate''; ``UN 2988, Chlorosilanes, water-
reactive, flammable, corrosive, n.o.s''; ``UN 1183,
Ethyldichlorosilane''; ``UN 1242, Methyldichlorosilane''; ``UN 3490,
Toxic by inhalation liquid, water-reactive, flammable, n.o.s. with an
LC50 lower than or equal to 200 ml/m3 and saturated vapor concentration
greater than or equal to 500 LC50''; and ``UN 1295, Trichlorosilane.''
    Appendix B to Sec.  172.101:
    Appendix B to Sec.  172.101 lists marine pollutants regulated under
the HMR. PHMSA proposes to revise the list of marine pollutants by
adding six new entries to remain consistent with the IMDG Code. These
changes are proposed to include those substances that were either
assigned a ``P'' in the dangerous goods list or identified in the
alphabetical index to Amendment 38-16 of the IMDG Code--based on review
of evaluations for each individual material, and associated isomers
where appropriate, performed by the Group of Experts on the Scientific
Aspects of Marine Environmental Protection (GESAMP) and the GESAMP
defining criteria for marine pollutants. The following entries are
proposed to be added to the list of marine pollutants in appendix B to
Sec.  172.101: Hexanes; Hypochlorite solutions; Isoprene, stabilized;
N-Methylaniline; Methylcyclohexane; and Tripropylene.
    Section 172.102 special provisions:
    Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. In this NPRM,
PHMSA proposes the following revisions to Sec.  172.102 special
provisions:
     Special Provision 40: Special provision 40 prescribes the
criteria for classification of a ``Polyester resin kit.'' PHMSA
proposes to revise special provision 40 by authorizing a polyester
resin kit to contain a Division 4.1 base material consistent with the
new HMT entry ``UN 3527, Polyester resin kit, solid base material,
4.1.''
     Special Provision 134: Special provision 134 prescribes
the applicability of the HMT entry ``UN 3171, Battery-powered vehicle
or Battery-powered equipment.'' PHMSA proposes to revise special
provision 134 by amending the list of battery powered vehicle examples
to include trucks, locomotives, bicycles (pedal cycles with an electric
motor) and other vehicles of this type (e.g., self-balancing vehicles
or vehicles not equipped with at least one seating position), and self-
propelled farming and construction equipment. In addition, PHMSA
proposes to organize the structure of the special provision into
paragraph form for ease of reading.
     Special Provision 135: Special provision 135 specifies
that an internal combustion engine installed in a vehicle must be
consigned to the entries ``Vehicle, flammable gas powered'' or
``Vehicle, flammable liquid powered,'' as appropriate. PHMSA proposes
to revise special provision 135 by clarifying that vehicles powered by
both a flammable liquid and a flammable gas internal combustion engine
must be consigned to the entry ``Vehicle, flammable gas powered.'' In
addition, PHMSA proposes to revise special provision 135 by clarifying
that for the purpose of this special provision, a ``vehicle'' is a
self-propelled apparatus designed to carry one or more persons or
goods. A list of examples is provided.
     Special Provision 157: PHMSA proposes adding new special
provision 157 and assigning it to ``UN 3527, Polyester resin kit, solid
base material.'' The special provision would allow the maximum net
capacity for inner packagings of flammable solids in packing group II
to be increased to no more than 5 kg (11 pounds) when the material is
transported as a limited quantity.
     Special Provision 181: PHMSA proposes adding new special
provision 181 and assigning it to ``UN 3481, Lithium ion batteries
contained in equipment''; ``UN 3481, Lithium ion batteries packed with
equipment''; ``UN 3091, Lithium metal batteries contained in
equipment''; and ``UN 3091, Lithium metal batteries packed with
equipment.'' The special provision would specify that when lithium
cells or batteries packed with equipment and lithium cells or batteries
contained in equipment are packed in the same package, the shipping
paper (if used) and the package must use the ``packed with'' proper
shipping name and UN number. Further, all packaging requirements
applicable to both proper shipping names must be met and the total mass
of cells or batteries in the package must not exceed the quantity

limits specified in columns (9A) and (9B), as applicable.
     Special Provision 182: PHMSA proposes adding new special
provision 182 and assigning it to ``UN 3072, Life-saving appliances,
not self-inflating containing dangerous goods as equipment'' to clarify
that equipment containing only lithium batteries must be classified as
either UN 3091 or UN 3481, as appropriate.
     Special Provision 238: Special provision 238 addresses the
shipment of neutron radiation detectors. PHMSA proposes to revise
special provision 238 to align with the UN Model Regulations special
provision 373 by permitting the packaging to contain ``absorbent'' or
``adsorbent'' material where the previous requirement permitted
``absorbent'' material only.
     Special Provision 369: Special provision 369 prescribes
classification criteria, consignment instructions and transport
conditions for ``UN 3507, Uranium hexafluoride, radioactive material,
excepted package, less than 0.1 kg per package, non-fissile or fissile-
excepted.'' PHMSA proposes to revise special provision 369 in
conjunction with revising the primary classification for UN 3507 from
Class 8 to Division 6.1. Specifically, PHMSA proposes to clarify that
this radioactive material in an excepted package possessing toxic and
corrosive properties is classified in Division 6.1 with radioactive and
corrosive subsidiary risks.
     Special Provision 379: PHMSA proposes adding new special
provision 379 and assigning it to the HMT entries ``UN 1005, Ammonia,
anhydrous'' and ``UN 3516, Adsorbed gas, toxic, corrosive, n.o.s.''
This special provision is applicable to ammonia dispensers containing
adsorbed ammonia, which are used to reduce polluting nitrogen oxide
emissions from automobiles. The UN Sub-Committee found that the
substance contained in the receptacles did not meet any criteria for
classification in the Model Regulations, but it acknowledged that the
substance did fit the recent definition of an adsorbed gas. Based on
the stability of adsorption under normal transport conditions, an
exception for these dispensers was adopted subject to appropriate
packaging conditions. These materials are normally forbidden for
transport by air on passenger and cargo aircraft; however, consistent
with the ICAO Technical Instructions, PHMSA proposes to authorize them
on cargo aircraft subject to the transport conditions prescribed in the
special provision with additional approval of the Associate
Administrator.
     Special Provision 387: PHMSA proposes adding new special
provision 387 and assigning it to the four new ``n.o.s.'' polymerizing
substance HMT entries and to the 52 existing HMT entries that are
identified as requiring stabilization. This special provision sets
forth the transport conditions when stabilization, or prevention of
polymerization, is provided through the use of a chemical inhibitor.
When a substance is stabilized via use of a chemical inhibitor, it is
important to ensure that the level of stabilization is sufficient to
prevent the onset of a dangerous reaction under conditions normally
incident to transportation. This special provision requires a
determination that the degree of chemical stabilization employed at the
time the package, IBC, or tank is offered for transport must be
suitable to ensure that the sustained bulk mean temperature of the
substance in the package, IBC, or tank will not exceed 50 [deg]C
(122[emsp14][deg]F), under conditions normally incident to
transportation. The special provision also specifies that temperature
control is required at the point where chemical stabilization becomes
ineffective at lower temperatures within the anticipated duration of
transport. Consistent with the ICAO Technical Instructions, PHMSA
proposes to clarify in special provision 387 that these substances are
forbidden for transport by air when temperature control is required.
     Special Provision 422: PHMSA proposes to add new special
provision 422 to the HMT entries ``UN 3480, Lithium ion batteries
including lithium ion polymer batteries''; ``UN 3481, Lithium ion
batteries contained in equipment including lithium ion polymer
batteries''; ``UN 3481, Lithium ion batteries packed with equipment
including lithium ion polymer batteries''; ``UN 3090, Lithium metal
batteries including lithium alloy batteries''; ``UN 3091, Lithium metal
batteries contained in equipment including lithium alloy batteries'';
and ``Lithium metal batteries packed with equipment including lithium
alloy batteries.'' Special provision 422 states that the new lithium
battery Class 9 label shown in Sec.  172.447 is to be used for packages
containing lithium batteries that require labels. Consistent with the
UN Model Regulations, PHMSA proposes a transition period that would
authorize labels conforming to requirements in place on December 31,
2016 to continue to be used until December 31, 2018. Class 9 placards,
when used, must conform to the existing requirements in Sec.  172.560.