metal cap for closing the receptacle and different types of confetti.
By turning a ring, or the bottom part of the shooter, a mechanism is
unlocked and the pressurized gas is discharged so that the confetti is
shot away for a few meters. This type of shooter does not contain any
amount of explosives and therefore cannot be assigned to Class 1, and
does not meet the requirements for gas cartridges or small pressure
receptacles. The requirements set forth in the special provision ensure
the same level of safety as for confetti-shooters with pyrotechnics.
Special Provision 372
    In this NPRM, PHMSA proposes adding new special provision 372 and
assigning it to the new HMT entry ``UN3508, Capacitor, asymmetric.''
This special provision states that this entry applies to asymmetric
capacitors with an energy storage capacity greater than 0.3 watt hours
(Wh) and that asymmetric capacitors with an energy storage capacity of
0.3 Wh or less are not subject to the requirements of this subchapter.
This special provision also provides that nickel-carbon asymmetric
capacitors containing Class 8 alkaline electrolytes must be transported
as UN 2795, Batteries, wet, filled with alkali, electric storage.
Special Provision A60
    Special provision A60 permits ``UN2014, Hydrogen peroxide, aqueous
solution,'' to be transported in excepted quantities. The special
provision authorizes packagings to include a vent to permit the slow
escape of gas (i.e. not more than 0.1 mL/hour per 30 mL inner packaging
at 20 [deg]C (68[emsp14][deg]F) produced from gradual decomposition. As
venting is permitted, the requirements of Sec. Sec.  173.24(g)(1) and
173.27(c) are impracticable and should not apply. To address the issue,
the ICAO DGP adopted a proposal to clarify these general requirements
prohibiting venting should not be applicable. In this NPRM, we are
proposing to harmonize with the ICAO TI with regard to waiving the
general requirements of Sec. Sec.  173.24(g)(1) and 173.27(c). Special
provision A60 is revised accordingly.
Special Provision A61
    In this NPRM, PHMSA proposes adding new special provision A61 and
assigning it to the to the HMT entries ``UN 3107, Organic peroxide type
E, liquid'' and ``UN 3109, Organic peroxide type F, liquid.'' PHMSA
proposes to align with Packing Instruction 570 of the ICAO TI to allow
for limited venting of oxygen in the case of specialized peroxyacetic
acid packagings when transported by cargo aircraft provided the
packaging requirements of this special provision are met. It was
reported to the ICAO DGP that peroxyacetic acid was commonly used as a
sterilizer for health care purposes and that there is a need to
transport the material by air for use in sterilizing medical equipment
using custom packagings. The basis for the requirements that these
specialized packagings must meet originated from exemptions to permit
the transport of this substance in small containers approved by
appropriate national authorities in four States. The inclusion of this
new special provision will eliminate the need for these exemptions and
facilitate international transport.
IBC Codes and IP Codes
    The introductory paragraph (c)(4) states that packagings are
authorized for the Packing Group III entries of specific proper
shipping names when either Special Provision IB3 or IB8 is assigned to
that entry in the Sec.  172.101 Table. When no IB code is assigned in
the Sec.  172.101 Table for a specific proper shipping name, or in
Sec.  173.225(e) Organic Peroxide Table for Type F organic peroxides,
use of an IBC or Large Packaging for the material may be authorized
when approved by the Associate Administrator.
    In this NPRM, PHMSA proposes to revise the introductory paragraph
(c)(4) by adding a reference to Sec.  173.185, preceding the reference
to Sec.  173.225(e), thereby authorizing the use of Large Packagings
for lithium batteries without assigning IB3 or IB8 to the corresponding
entries in the Sec.  172.101 Table. See Section 173.185 Lithium
batteries for a detailed discussion of the proposed a use of rigid
large packagings for lithium batteries.
    In two final rules published in the Federal Register on January 19,
2011 (76 FR 3308; HM-215K) and January 7, 2013 (78 FR 988; HM-215L) the
Table 1 (IBC Codes) in paragraph (c)(4) were editorially revised to
remove UN Specifications 31A, 31B, 31N, 31H1, 31H2, 31HZ1, and 31HZ2
from IBC Codes IB4 through IB8. The revisions were consistent with
amendments to international standards that removed the specifications
from the indicated codes in the table because IBC Codes IB4 through IB8
are assigned to solids, whereas, UN Specifications 31A, 31B, 31N, 31H1,
31H2, 31HZ1, and 31HZ2 are authorized for transportation of liquids in
IBC Codes IB1 through IB3 and are assigned to liquid materials only.
Information presented to the UN Committee of Experts on the Transport
of Dangerous Goods (UNCOE) in this last biennium indicated that the
removal of the above UN Specifications from IBC Codes IB4 through IB8
has created a problem. Prior to implementation of these revisions,
certain liquid IBC types were used to transport powdery solids and
solids that become liquid under conditions of transport. These solids
may be loaded and unloaded from the IBC in liquid form raising the
question of whether the remaining IBC's, which are intended for gravity
or pressure discharge, are appropriate. The UN sub-committee adopted a
proposal to reinstate the IBC's that were previously authorized. In
this NPRM, we are proposing to harmonize with the UN Model Regulations
by revising the IBC Codes IB4 through IB8 in paragraph (c)(4), the
Table 1 (IBC Codes) to reinstate IBC's previously authorized.
    A new IP Code 16 is added and assigned to UN3375. Consistent with
international regulations, this special provision would authorize
require IBCs of type 31A and 31N if approved by the Associate
Administrator.
Special Provision TP47
    In this NPRM, PHMSA proposes adding new special provision TP47 and
assigning it to the organometallic substance HMT entries UN3393 through
UN3399. The special provision waives the 2.5 year internal inspection
for portable tanks used for the transport of liquid and solid
organometallic substances provided that the portable tank remains in
the dedicated service of transporting organometallic substances.
However, all other required 2.5 year inspections and tests would still
be

performed, as well as the full 5 year periodic test and inspection,
which would include an internal inspection.
    This special provision is added for the following reasons. Before
an internal inspection can be performed, the tank must be cleaned and
purged. In this process, it is difficult to ensure that all water or
other impurities or contaminants introduced during the cleaning are
fully removed before organometallic substances are again introduced
into the tank potentially resulting in a dangerous reaction or have an
effect on the purity of the product. Since these organometallic
substances are fully compatible with, and, in particular, are not
corrosive to the materials of construction used in such tanks, the
likelihood that an internal inspection will reveal any corrosion,
pitting or other deterioration of the tank is unlikely. In order to
increase safety and avoid the risk of a dangerous reaction or product
contamination the 2.5 year internal inspection is waived, provided the
portable tank remains in the dedicated service of transporting
organometallic substances and the tank does exhibit damaged or corroded
areas, or leakage, or other conditions that indicate a deficiency in
accordance with Sec.  180.605(f).
Section 172.315
    To promote the uniformity of markings, the UN Model Regulations
have adopted revisions to clarify and standardize the specifications
for limited quantity marking, including the air limited quantity
marking. In this NPRM, PHMSA is proposing to revise the specifications
for the limited quantity markings prescribed in Sec.  172.315(a)(2) and
(b)(2) to be consistent with the revised specifications for these
markings in the UN Model Regulations. Also consistent with the UN Model
Regulations, we propose to allow manufacturers and printers necessary
time to retool to produce markings that conform to the revised
specifications, and to allow for the depletion of supplies of existing
markings. PHMSA proposes a transitional period to authorize a limited
quantity marking that is in conformance with the requirements of the
regulations in effect on October 1, 2012, to be used until December 31,
2016.
Section 172.317
    To promote the uniformity of the ``Keep Away From Heat'' handling
mark throughout the international transportation community, revisions
have been adopted in the ICAO Technical Instructions to clarify and
standardize the specifications for this hazard communications element.
In this NPRM, PHMSA is proposing to revise the specifications for the
``Keep Away From Heat'' handling mark prescribed in Sec.  172.317(b) to
be consistent with the revised specifications for this marking in the
ICAO TI. Also, we propose to allow manufacturers and printers necessary
time to retool to produce markings that conform to the revised
specifications, and to allow for the depletion of supplies of existing
markings. Thus we propose a transitional period to authorize a ``Keep
Away From Heat'' handling mark that is in conformance with the
requirements of the regulations in effect on October 1, 2012, to be
used until December 31, 2016.
Section 172.322
    In this NPRM, PHMSA is proposing to clarify in Sec.  172.322(a)(2)
and (b), that the marking requirements for marine pollutants are
required unless otherwise provided for in the regulations.
    In Sec.  172.322 paragraph (e) PHMSA is proposing to delete the
obsolete date of January 14, 2010 for the requirements for the marine
pollutant mark.
    To promote the uniformity of the marine pollutant mark throughout
the international transportation community, the UN Model Regulations
have adopted revisions to clarify and standardize the specifications
for this hazard communications element. In this NPRM, PHMSA is
proposing to revise the specifications for the marine pollutant mark
prescribed in Sec.  172.322(e) to be consistent with the revised
specifications for this marking in the UN Model Regulations. Also, to
allow manufacturers and printers necessary time to retool to produce
markings that conform to the revised specifications, and to allow for
the depletion of supplies of existing markings, we propose a
transitional period to authorize a marine pollutant mark that is in
conformance with the requirements of the regulations in effect on
October 1, 2012, to be used until December 31, 2016.
Section 172.327
    To promote the uniformity of markings, in this NPRM, PHMSA is
proposing to revise and clarify the specifications for the ``petroleum
sour crude oil'' mark prescribed in Sec.  172.327(a) to be consistent
with the revised specifications for markings in the UN Model
Regulations. Also, to allow manufacturers and printers necessary time
to retool to produce markings that conform to the revised
specifications, and to allow for the depletion of supplies of existing
markings, we propose a transitional period to authorize a ``petroleum
sour crude oil'' mark that is in conformance with the requirements of
the regulations in effect on October 1, 2012, to be used until December
31, 2016.
Section 172.407
    To promote the uniformity of hazard communications labels
throughout the international transportation community, revisions have
been adopted in the UN Model Regulations to clarify and standardize the
specifications for labels. In this NPRM, PHMSA is proposing to revise
the specifications for labels prescribed in Sec.  172.407(a) to be
consistent with the revised specifications for labels in the UN Model
Regulations. In addition, PHMSA is proposing to revise the (d)(2)(iii)
that provides a color alternative for the symbol on the ORGANIC
PEROXIDE LABEL to be consistent with the UN Model Regulations. Also to
be consistent with the UN Model Regulations, and to allow manufacturers
and printers necessary time to retool to produce labels that conform to
the revised specifications, and to allow for the depletion of supplies
of existing labels, we propose a transitional period to authorize a
label that is in conformance with the requirements of the regulations
in effect on October 1, 2012, to be used until December 31, 2016.
    Finally, PHMSA is proposing to add paragraph (d)(2)(iv) to permit,
consistent with the UN Model Regulations, a FLAMMABLE GAS label to be
displayed on cylinders and gas cartridges for liquefied petroleum
gases, where the symbol may be shown in the background color of the
receptacle if adequate contrast is provided.
Section 172.512
    The placarding requirements for freight containers and aircraft
unit load devices are described in Sec.  172.512. The reference in
Sec.  172.512(a)(3) to part 7; chapter 2, section 2.7 of the ICAO TI in
this paragraph is inaccurate. This reference became inaccurate in the
2013-2014 Edition of the ICAO TI where the ICAO DGP re-designated part
7; chapter 2; section 2.6 as a new requirement for visibility of
labels, moving all subsequent sections up. Part 7; chapter 2, section
2.7 of the ICAO TI now refers to replacement of labels, whereas section
2.8 refers to identification of unit load devices containing dangerous
goods. PHMSA is revising this paragraph for the correct

reference to cite part 7; chapter 2, section 2.8.
Section 172.519
    To promote the uniformity of hazard communications placards
throughout the international transportation community, revisions have
been adopted in the UN Model Regulations have adopted revisions to
clarify and standardize the specifications for placards. In this NPRM,
PHMSA is proposing to revise the specifications for placards prescribed
in Sec.  172.519(c) to be consistent with the revised specifications
for labels in the UN Model Regulations. Additionally, to allow
manufacturers and printers necessary time to retool to produce placards
that conform to the revised specifications, and to allow for the
depletion of supplies of existing placards, a transitional period is
proposed. This transitional period would authorize a placard that is in
conformance with the requirements of the regulations in effect on
October 1, 2012, to be used until December 31, 2016. Finally, PHMSA
realizes that in domestic transportation, numerous placards of a semi-
permanent nature are in service. PHMSA is proposing that for domestic
transportation, a placard manufactured prior to January 1, 2017, in
conformance with the requirements of the regulations in effect on
October 1, 2012, may continue in service until the end of its useful
life provided the color tolerances are maintained and are in accordance
with the display requirements of the subchapter.

Part 173

Section 173.2a
    Section 173.2a outlines classification requirements for materials
having more than one hazard. In this NPRM, PHMSA is proposing to amend
paragraph (a)(1) to note that shipments of uranium hexafluoride,
radioactive material, excepted package, less than 0.1 kg per package
are not required to apply the radioactive hazard as the primary hazard.
This change is being proposed to incorporate the transportation
provisions for excepted packages of uranium hexafluoride adopted in the
18th Revised Edition of the UN Model Regulations, the IMDG Code and the
ICAO TI.
Section 173.3
    To promote the uniformity of hazard communications markings
throughout the international transportation community, the UN Model
Regulations have adopted revisions to clarify and standardize the
specifications for placards. In this NPRM, PHMSA is proposing to revise
the specifications for markings for salvage packagings prescribed in
Sec.  173.3(c)(3); salvage cylinders prescribed in Sec.  173.3(d)(3);
and to prescribe requirements for the marking of the proposed large
salvage packaging in Sec.  173.3(f) to be consistent with the revised
specifications for salvage packaging markings in the UN Model
Regulations. Also, to be consistent with the UN Model Regulations, and
to allow shippers necessary time to implement the new marking
requirements, we propose a transitional period to authorize a marking
that is in conformance with the requirements of the regulations in
effect on October 1, 2012, to be used until December 31, 2016. Finally,
PHMSA realizes that in domestic transportation numerous salvage and
salvage cylinder markings are in service that are of a more permanent
nature. In recognition of this PHMSA is proposing that for domestic
transportation, a salvage packaging or a salvage cylinder that is
permanently marked prior to January 1, 2017 in conformance with the
requirements of the regulations in effect on October 1, 2012, may
continue in service until the end of its useful life.
    Also PHMSA is proposing to add a new paragraph (f) to Sec.  173.3
authorizing and prescribing the use of large salvage packaging for all
modes of transportation other than air.
Section 173.4a
    To promote the uniformity of markings, throughout the international
transportation community, the UN Model Regulations have been revised to
clarify and standardize the specifications for the excepted quantities
marking. In this NPRM, PHMSA is proposing to revise the specifications
for the excepted quantities marking prescribed in Sec.  173.4a(g)(2) to
be consistent with the revised specifications for these markings in the
UN Model Regulations. Also consistent with the UN Model Regulations, we
propose to allow manufacturers and printers necessary time to retool to
produce markings that conform to the revised specifications, and to
allow for the depletion of supplies of existing markings, a
transitional period is being proposed to authorize an excepted
quantities marking that is in conformance with the requirements of the
regulations in effect on October 1, 2012, to be used until December 31,
2016.
Section 173.9
    To promote the uniformity of markings, UN Model Regulations have
been revised to clarify and standardize the specifications for the
fumigant marking. In this NPRM, PHMSA is proposing to revise the
specifications for the fumigant marking prescribed in Sec.  173.9(e) to
be consistent with the revised specifications for these markings in the
UN Model Regulations. Also consistent with the UN Model Regulations, to
allow manufacturers and printers necessary time to retool to produce
markings that conform to the revised specifications, and to allow for
the depletion of supplies of existing markings, we propose a
transitional period to authorize a fumigant marking that is in
conformance with the requirements of the regulations in effect on
October 1, 2012, to be used until December 31, 2016.
Section 173.11
    In this NPRM, PHMSA proposes to add a new Sec.  173.11 providing
exceptions to the regulations for certain lamps containing hazardous
materials based on their transport conditions, the quantity of
hazardous materials contained in each lamp or package, and the type of
packaging. This proposed new section is consistent with newly adopted
provisions in the UN Model Regulations.
Section 173.24
    In this NPRM, PHMSA proposes to revise Sec.  173.24 to authorize
the use of supplementary packagings within an outer packaging (e.g., an
intermediate packaging or a receptacle inside a required inner
packaging) in addition to what is required by the regulations provided
all applicable requirements are met and, if appropriate suitable
cushioning is used to prevent movement within the packaging. This
proposed revision is consistent with newly adopted provisions in the UN
Model Regulations.
Section 173.25
    To promote the uniformity of markings, the UN Model Regulations
have been revised to clarify and standardize the specifications for the
overpack marking. In this NPRM, PHMSA is proposing to revise the
specifications for the overpack marking prescribed in Sec.
173.25(a)(4) to be consistent with the revised specifications for these
markings in the UN Model Regulations. Also consistent with the UN Model
Regulations, to allow manufacturers and printers necessary time to
retool to produce markings that conform to the revised specifications,
and to allow for the depletion of supplies of existing markings, we
propose a transitional

period to authorize an overpack marking that is in conformance with the
requirements of the regulations in effect on October 1, 2012, to be
used until December 31, 2016.
Section 173.62
    Consistent with the UN Model Regulations, in this NPRM, PHMSA is
proposing to revise Sec.  173.62 relating to specific packaging
requirements for explosives as follows:
    In paragraph (b), in the Explosives Table, the entry for UN0222 is
revised to expand the packaging authorizations to include Packing
Instruction 117 in addition to the existing Packaging Instructions
112(b) and 112(c).
    In paragraph (c), in the Table of Packing Methods, Packing
Instruction 116 would be revised to delete provision 5, which states
that woven plastic bags (5H2 or 5H3) must be used only for UN 0082,
0241, 0331 and 0332. Packing Instruction 117 would be revised to add
provision 5 which states, ``For UN0222, when other than metal or rigid
plastics IBCs are used, they must be offered for transportation in a
closed freight container or a closed transport vehicle.''; and
provision 6 which states, ``For UN0222, flexible IBCs must be sift-
proof and water-resistant or must be fitted with a sift-proof and
water-resistant liner.'' Packing Instructions 131 and 137 would be
revised to expand the authorization for outer packagings to include
solid plastic boxes (4H2).
Section 173.115
    Section 173.115 prescribes the definitions for Class 2 materials.
In this NPRM a new paragraph (m) is proposed to define the term
``Adsorbed gas''. The term means a gas which when packaged for
transport is adsorbed onto a solid porous material resulting in an
internal receptacle pressure of less than 101.3 kPa at 20 [deg]C and
less than 300 kPa at 50 [deg]C.
    Currently the HMR do not prescribe requirements for the transport
of adsorbed gases. In this NPRM, PHMSA is proposing to adopt various
transportation requirements for adsorbed gases. Prior to adoption of
such standards, the term ``Adsorbed gas'' must be defined. Therefore in
this NPRM we are proposing to adopt the above definition of an adsorbed
gas based on the definition found in the 18th Revised Edition of the UN
Model Regulations, the IMDG Code and the ICAO TI.
Section 173.121
    Section 173.121 prescribes the requirements for the selection of
packing groups for Class 3 flammable liquids. Paragraph (b) of this
section describes the criteria for inclusion of viscous Class 3
materials in Packing Group III. Paragraph (b)(1)(ii) currently states
that the mixture cannot contain any substances with a primary or
subsidiary risk of Division 6.1 or Class 8. In this NPRM, PHMSA
proposes to revise paragraph (b)(1)(ii) to clarify that a mixture or
any separated solvent cannot contain any substances with a primary or
subsidiary risk of Division 6.1 or Class 8. This proposed change is
consistent with the current language in the 18th Revised Edition of the
UN Model Regulations, the IMDG Code and the ICAO TI.
Section 173.127
    In this NPRM, PHMSA is proposing to revise Sec.  173.127(a) to
authorize an alternative test for assigning packing groups to Division
5.1 oxidizing solids. The proposed test is in addition to the currently
authorized test using potassium bromate. The alternative test uses
calcium peroxide as a reference substance which is neither carcinogenic
nor as acutely toxic as potassium bromate. In addition, the proposed
alternative test replaces the highly subjective visual determination of
the burning time with a gravimetric determination of the burning rate.
This change is consistent with the test adopted into the UN Model
Regulations.
Section 173.151
    Section 173.151 provides exceptions for Class. In this NPRM PHMSA
is proposing to revise paragraph (b) to replace a pre-existing
paragraph (b)(2) relating to exceptions for charcoal briquettes
(NA1361) that was inadvertently deleted in the final rule dated January
7, 2013 (HM-215K; 78 FR 1101).
Section 173.161
    Section 173.161 prescribes packaging requirements for chemical kits
and first aid kits that contain small amounts of hazardous materials.
Paragraph (b)(2) contains the requirement that ``The packing group
assigned to the chemical kit and first aid kit as a whole must be the
most stringent packing group assigned to any individual substance in
the kit.'' This requirement creates problems for shippers and air
transport acceptance personnel because it does not specify what must be
shown for the packing group on the shipping paper or what packaging
standard must be applied to kits containing hazardous materials to
which no packing group is assigned. In this NPRM, PHMSA is proposing to
revise paragraph (b)(2) to require that for kits containing only
hazardous materials to which no packing group is assigned, a packing
group need not be indicated on the shipping paper although such
packagings shall meet the Packing Group II performance level.
Section 173.164
    Section 173.164 prescribes requirements for the transportation of
Mercury (metallic and articles containing mercury). In this NPRM, PHMSA
is eliminating the existing exception for lamps containing mercury in
paragraph (b)(5). This paragraph will be redundant and unnecessary
since this exception will be covered in the proposed new Sec.  173.11
relating to exceptions for shipment of lamps containing hazardous
materials.
Section 173.166
    Section 173.166 prescribes requirements for the transportation of
air bag inflators, air bag modules and seat-belt pretensioners, UN3268
and UN0503. Due to technological developments, new safety devices for
vehicles are becoming available. The devices include pyromechanical
devices that meet the definition of a hazardous material but are not
accurately described by the proper shipping names Air bag inflators,
Air bag modules, or Seat-belt pretensioners. The proper shipping name
for these devices has been revised in the UN Model Regulations to
``Safety devices, electrically initiated'' for UN 3268 and ``Safety
devices, pyrotechnic'' for UN0503. Consistent with the UN Model
Regulations, in this NPRM, PHMSA is proposing to adopt these revised
proper shipping names and revise Sec.  173.166 to adopt the term
``Safety Devices'' for these items. An entry for the existing proper
shipping name ``Air bag inflators, or Air bag modules, or Seat-belt
pretensioners'' has been left in the Sec.  172.101 Hazardous Materials
Table to direct the reader to the new proper shipping names ``Safety
devices, electrically initiated'' and ``Safety devices, pyrotechnic.''
    Also, the current Sec.  173.166(b)(1)(iv) provides that under
certain conditions a Class 9 (UN3268) air bag inflator, air bag module,
or seat-belt pretensioner design is not required to be submitted to the
Associate Administrator for approval or assigned an EX number. Air bag
inflators, air bag modules, and seat-belt pretensioners have a long
history of safety in their design and manufacture. However, new types
of safety devices such as pyromechanical devices do not yet have an
established history. Therefore in the interest of safety PHMSA is
proposing not to extend this

exception to all Class 9 safety devices but only maintain this
exception for air bag inflators, air bag modules, and seat-belt
pretensioners and still require that other types of safety devices,
such as pyromechanical devices, that are candidates for Class 9 be
submitted to the Associate Administrator for approval or assigned an EX
number. Finally, in this NPRM, PHMSA proposes to add a new paragraph
(d)(5) to Sec.  173.166 to permit the continued transportation of an
air bag inflator, air bag module, or seat-belt pretensioner that was
classed and approved for transportation prior to January 1, 2015 under
the terms of the existing approval, using the proper shipping name
``Safety Devices'' or ``Safety Devices, Pyrotechnic'' as appropriate.
Section 173.167
    Section 173.167 prescribes the requirements for consumer
commodities intended for air transportation. In this NPRM, PHMSA is
proposing to revise the drop test requirements in (a)(4) by including
the criteria for passing the test. A completed consumer commodity
package will be considered to have passed the drop test if the outer
packaging does not exhibit any damage liable to affect safety during
transport and there is no leakage from the inner packaging(s).
Section 173.176
    Section 173.176 addresses capacitors by prescribing the testing,
marking, safety, and packaging requirements for electric double layer
capacitors with energy storage capacity greater than 0.3 watt hours
(Wh). In this NPRM, PHMSA is proposing to revise section 173.176 to
include provisions for asymmetric capacitors in accordance with the new
HMT entry ``UN3508, Capacitor, asymmetric (with an energy storage
capacity greater than 0.3Wh).'' In addition, paragraph (a)(5) presently
requires that capacitors must be marked with the energy storage
capacity in Wh. As many pre-existing capacitors do not have Wh marking
they are not permitted to be transported even when all other
requirements of this section are met. In this NPRM, PHMSA is proposing
to amend paragraph (a)(5) to require that the Wh marking is required
for non-asymmetric capacitors manufactured after December 31, 2013 and
for asymmetric capacitors manufactured after December 31, 2015.
Section 173.181
    Section 173.181 prescribes the non-bulk packaging requirements
applicable to pyrophoric liquids. On January 7, 2013, PHMSA published
final rule PHMSA-2012-0027 (HM-215L) [78 FR 987] to maintain alignment
with international 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. In that final
rule PHMSA revised paragraphs (b) and (c) to add authorizations for
additional authorized packagings for these materials. Paragraphs (c) 1-
3 were inadvertently deleted due to an incorrect amendatory instruction
and in this NPRM PHMSA is proposing to place paragraphs (c) 1-3 back
into Sec.  173.181 as they were prior to the publication of HM-215L. It
was never PHMSA's intention to remove these important safety provisions
for the transport of pyrophoric liquids, and we ask individuals who
package and offer these materials to continue to abide by these
requirements pending their reinsertion in the HMR.
Section 173.185
    In this NPRM, PHMSA is proposing to add paragraph (b)(6) and revise
paragraph(f)(3) to authorize and prescribe the use of a large packaging
for a single large lithium battery or a battery contained in equipment.
This authorization does not include transportation by aircraft. The
proposed addition of this packaging type into this section is
consistent with provisions for lithium batteries in the UN Model
Regulations.
    The ICAO DGP took a decision during the most recent biennium to
remove the alternative written documentation option in Section IB of
ICAO Packing Instructions 965 and 968 and instead require a standard
transport document (shipping paper). Section IB is applicable to
packages that exceed the number or quantity (mass) limits for smaller
lithium batteries in Section II of Packing Instructions 965 and 968
excepting such packages from specification packaging requirements when
containing no more than 2.5 kg of lithium metal cells or batteries or
10 kg of lithium ion cells or batteries per package. As this revision
will appear in the 2015-2016 Edition of the ICAO TI, in this NPRM PHMSA
is proposing to amend paragraph (c)(4)(v) to require a shipping paper
for these packages containing no more than 2.5 kg of lithium metal
cells or batteries or 10 kg of lithium ion cells or batteries per
package. PHMSA is seeking input as to the costs and benefits of
harmonizing the provisions of the HMR with the provisions of the ICAO
Technical Instructions by requiring shipping papers as opposed to
alternative documentation. PHMSA also solicits comments on the costs
and benefits of maintaining a domestic difference within the HMR to
continue to allow the use of the alternative documentation in lieu of a
shipping paper as required by the ICAO Technical Instructions.
    The ICAO Working Group on Lithium Batteries, at their April 2014
meeting, forbid the shipment of lithium metal cells and batteries as
cargo on passenger aircraft with the exception of lithium metal cells
and batteries packed with or contained in equipment not exceeding 5 kg
net weight. This prohibition of lithium metal batteries as cargo on
passenger aircraft is consistent with current HMR requirements. As a
consequence to this prohibition, Section II of Packing Instruction 968
in the ICAO TI was amended to require shipments of small lithium metal
cells and batteries to display the ``CARGO AIRCRAFT ONLY'' label where
previously only a lithium battery handling marking was required.
Presently under the HMR, a package containing such lithium metal cells
or batteries as provided in Sec.  173.185(c)(1)(iii), is required to be
marked ``PRIMARY LITHIUM BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD
PASSENGER AIRCRAFT'' or ``LITHIUM METAL BATTERIES--FORBIDDEN FOR
TRANSPORT ABOARD PASSENGER AIRCRAFT.'' Following the change to the ICAO
TI, the present text marking will now be redundant for international
shipments. In this NPRM, PHMSA is proposing to provide an alternative
to the existing marking requirement in Sec.  173.185(c)(1)(iii) with
the option to display a ``CARGO AIRCRAFT ONLY'' label. This allowance
to either utilize the current marking or the ``CARGO AIRCRAFT ONLY''
label will provide shippers with the flexibility to utilize supplies of
preprinted markings or packagings, while also allowing shippers to
transition to the use of the ``CARGO AIRCRAFT ONLY'' if desired.
Section 173.199
    To promote the uniformity of markings, the UN Model Regulations
have been revised to clarify and standardize the specifications for the
square-on-point marking for Category B infectious substances. In this
NPRM, PHMSA is proposing to revise the specifications for the Category
B infectious substance marking prescribed in Sec.  173.199(a)(5) to be
consistent with the revised specifications for these markings in the UN
Model Regulations. Also consistent with the UN Model Regulations, to
allow manufacturers and

printers necessary time to retool to produce markings that conform to
the revised specifications, and to allow for the depletion of supplies
of existing markings, we propose a transitional period to authorize a
Category B infectious substance marking that is in conformance with the
requirements of the regulations in effect on October 1, 2012, to be
used until December 31, 2016.
Section 173.225
    Section 173.225 prescribes packaging requirements and other
provisions for organic peroxides. In this NPRM, PHMSA is proposing to
revise the Organic Peroxide Portable Tank Table in paragraph (g). PHMSA
proposes to revise the entry in the second column of the table
pertaining to the hazardous material ``Peroxyacetic acid, distilled,
stabilized, not more than 41%'' to include a Note 1, that a
````Corrosive'' subsidiary risk placard is required.'' The proposed
adoption of this requirement is consistent with the requirements in the
UN Model Regulations.
Section 173.231
    Currently, the Sec.  172.101 HMT Column (8B) and (8C) packaging
authorization for Ammonium nitrate emulsion, suspension, or gel,
UN3375, directs the reader to Sec.  173.214 which requires that
packagings and method of shipment must be approved by the Associate
Administrator prior to the first shipment. In this NPRM, PHMSA is
proposing to add a new Sec.  173.231 titled ``Ammonium nitrate
emulsion, suspension or gel'' and assigned this section to UN3375 to
authorize and prescribe the use of packagings for this material. The
requirements of the proposed new section are consistent with the
requirements in the UN Model Regulations.
 Section 173.301b
    In this NPRM, PHMSA is proposing to revise paragraph (c) relating
to pressure receptacle valve requirements to include that a valve
manufactured on or before December 31, 2008, conforming to the
requirements in ISO 10297:1999 is authorized. This proposed revision is
consistent with the requirements in the UN Model Regulations.
Section 173.302
    In this NPRM, PHMSA is proposing to adopt the new UN Model
Regulation requirements for the transportation of adsorbed gases in
cylinders. This section specifies requirements for the filling of
cylinders with non-liquefied (permanent) compressed gases. PHMSA is
proposing to amend the title of this section and to amend paragraph (a)
to include and specify requirements for the transportation of adsorbed
gases.
Section 172.302c
    In this NPRM, PHMSA is proposing to add a new Sec.  173.302c to
adopt the new authorization in the UN Model Regulations for the
transportation of adsorbed gases in UN pressure receptacles. The
proposed adoption of these requirements into this new section is
consistent with the requirements in the UN Model Regulations.
Section 173.307
    Section 173.307 provides exceptions from the regulations for
compressed gases. In this NPRM, PHMSA is proposing to revise paragraph
(a)(5) relating to manufactured articles or apparatuses to clarify that
the exception for manufactured articles does not include lamps. The
exceptions for lamps are contained in the proposed new Sec.  173.11
relating to exceptions for shipment of lamps containing hazardous
materials. Also, we are proposing to revise paragraph (a)(6) relating
to light bulbs to clarify that the exceptions does not apply to lamps
as described in the proposed new Sec.  173.11 relating to exceptions
for shipment of lamps containing hazardous materials.
Section 173.309
    Section 173.309 prescribes requirements for fire extinguishers. In
this NPRM, we are proposing to add a new introductory paragraph
describing fire extinguisher types authorized for transport in
accordance with this section and covered by the HMT entry ``UN1044,
Fire extinguishers.''
Section 173.403
    Consistent with the UN Model regulations, in this NPRM, PHMSA is
proposing to revise two definitions in Sec.  173.403 relating to the
transportation of Class 7 (Radioactive Materials). ``Exclusive Use'' is
being revised to clarify that it also applies to the shipment of the
load and that exclusive use only applies when compliance is required by
the regulations. ``Freight Container'' is being revised to eliminate
the requirement that a ``small freight container'' has one outer
dimension less than 1.4 m (4.9 feet).
Section 173.420
    Section 173.420 prescribes the transport conditions for Uranium
hexafluoride. In this NPRM PHMSA is proposing to amend paragraph (d)
which provides the requirements for shipments of uranium hexafluoride
in quantities less than 0.1 kg to incorporate changes made by the IAEA
in SSR-6 that were subsequently incorporated in the UN Model
Regulations. In this NPRM PHMSA is proposing to amend this paragraph to
note that fissile-excepted shipments less than 0.1 kg may be offered
under UN3507. PHMSA is proposing to amend the requirements for these
shipments to align with IAEA SSR-6 requirements, while maintaining
general packaging requirements from Sec. Sec.  173.24 and 173.24a.

Part 175

Section 175.9
    Section 175.9 prescribes the applicability of the HMR to special
aircraft and rotocraft operations. This section also prescribes the
conditions under which certain operations may be performed in
accordance with 14 CFR and 49 CFR (e.g., avalanche and weather
control). Consistent with the ICAO TI, in this NPRM, PHMSA is proposing
to revise paragraphs (b)(6) and (b)(6)(v) by including ``ice jam
control'' and ``landslide clearance'' for operations where explosives
are used in a similar manner to avalanche control.
Section 175.10
    Section 175.10 specifies the conditions for which passengers, crew
members, or an operator may carry hazardous materials aboard an
aircraft. Consistent with revisions to the ICAO TI, in this NPRM, PHMSA
is proposing several revisions to this section.
    PHMSA is proposing to revise paragraph (a)(11), applicable to
passenger provisions for self-inflating life jackets, to include
different types of self-inflating personal safety devices in order to
account for those carried by, but not limited to, motorcycle and
horseback riders. In addition, PHMSA is clarifying that a passenger is
limited to one self-inflating safety device, in addition to two spare
cartridges, and is requiring that both the safety device and spares be
packed in such a manner that they cannot be accidently activated.
    PHMSA is proposing to add a new subparagraph (a)(18)(iv) to clarify
that articles containing lithium metal or lithium ion cells or
batteries, with a primary function to provide power to another device,
must carried as spare batteries in accordance with the provisions of
this paragraph.
    PHMSA is proposing to revise paragraph (a)(24), applicable to small
cartridges for other devices, by amending the phrase ``small
cylinders'' to the more appropriate phrase ``small cartridges,'' and
restricting the carriage of small gas cartridges to only those without
a subsidiary risk. The existing

operator approval requirement was moved to make it more clearly align
with the ICAO TI.
Section 175.25
    Section 175.25 prescribes the notification that operators must
provide to passengers regarding restrictions on the types of hazardous
material they may or may not carry aboard an aircraft on their person
or in checked or carry-on baggage. Consistent with revisions to the
ICAO TI, in this NPRM, PHMSA is proposing to revise paragraph (b) as
follows: (1) For all ticket purchases, clarify that the hazardous
materials notification must be presented at the point of ticket
purchase, or if this is not practical, made available to passengers in
another manner prior to the check-in process and; (2) for such internet
purchases, require that the final ticket purchase cannot be completed
until the passenger or a person acting on the passenger's behalf has
been presented with this information, in addition to the existing
requirement to indicate that they understand the restrictions on
hazardous materials in baggage. In this NPRM, PHMSA is proposing to
revise paragraph (c) as follows: (1) Replace the text ``provided'' with
``presented'' to make it clear that passengers must see information on
the types of hazardous material forbidden to be transported before
proceeding with check-in. It was reported that some operators published
the required information in areas on a Web site that were not always
visible to the passenger, believing that this met the requirement of
being ``provided'' and; (2) require that the check-in process cannot be
completed until the passenger or a person acting on the passenger's
behalf has been presented with the hazardous materials information, in
addition to the existing requirement to indicate that they understand
the restrictions on hazardous materials in baggage.
    In paragraphs (b) and (c) PHMSA is proposing to remove the present
effective dates of January 1, 2015 and the word ``phone'' used as an
example of a ticket purchase or check-in completed remotely.
Furthermore, PHMSA is proposing to remove the words ``regardless if the
process is completed remotely (e.g., via the Internet and Phone) or
when completed at the airport, with or without assistance from another
person (e.g., automated check in facility)'' in order to bring
paragraph (b) into full alignment with 7;5.1.1 of the ICAO TI. By
removing the examples in conjunction with other revisions to paragraph
(b) it is now clear that passenger notification is required for all
ticket purchases; however, for assisted ticket purchase transactions
via the telephone the hazardous material information may be provided to
the passenger using any suitable method prior to the check-in process
and passenger acknowledgement is not required. These revisions
represent full harmonization with the ICAO TI and additional
flexibility in meeting the passenger notification requirements and,
therefore, the previous effective date of January 1, 2015 will be
waived as of publication of the rule.
    In addition, the revision proposed in this NPRM providing
clarification for ticket purchases made via the telephone, permitting
the hazardous materials notification to be made available in another
manner to passengers prior to the check-in process, is consistent with
a petition for rulemaking (P-1623) filed by COSTHA.
Section 175.30
    Section 175.30 prescribes inspection procedures for operators.
Paragraph (e)(1) prohibits an overpack from containing a package
bearing the ``CARGO AIRCRAFT ONLY'' label unless certain conditions are
met and that the overpack affords clear visibility of and easy access
to the package contained within. In this NPRM, PHMSA is proposing to
remove paragraph (e)(1) consistent with revisions made to the ICAO TI
in which current provisions require accessibility to the overpack when
loaded aboard an aircraft, not the individual packages contained
within, making reference to packages redundant. As the loading
requirements in Sec.  175.75(d)(1) require a package bearing the
``CARGO AIRCRAFT ONLY'' label to be accessible once loaded on the
aircraft, but do not require they are visible, the requirements in
(e)(1) place an unnecessary burden on offerers without any additional
safety function in the loading process.
    Paragraph (a)(5) states that no person may accept for
transportation aboard an aircraft shipments of lithium batteries
described with an alternative written document authorized in Sec.
173.185(c)(4)(v). The proposed removal of the alternative written
document from Sec.  173.185(c)(4)(v) necessitates the removal of this
paragraph.
Section 175.33
    Section 175.33 establishes requirements for shipping papers and for
the notification of the pilot-in-command when hazardous materials are
transported by aircraft.
    With the exception of package type, paragraph (a)(1)(i) currently
requires any additional shipping paper description requirements
provided in Sec. Sec.  172.202, and 172.203 to be included on the
notification of the pilot-in-command. Section 172.203(k) requires the
use of technical names for ``n.o.s.'' and generic descriptions for
proper shipping names identified by the letter ``G'' in column (1) of
the Sec.  172.101 Table. In this NPRM, PHMSA is proposing to revise
paragraph (a)(1)(i) to state that technical names are not required to
be provided on the notification of pilot-in-command. This clarification
will align the HMR with changes adopted in the ICAO TI and supports the
overall goal of harmonization. Harmonization of the notification of
pilot-in-command requirements ensures consistency across all air
operators thus reducing impediments in commerce and reducing costs
associated with training to two different sets of standards. In
addition, the technical name is not referenced in the Emergency
Response Guidance for Aircraft Incidents Involving Dangerous Goods (Doc
9481) or the North American Emergency Response Guidebook (ERG). The
ICAO panel determined that the technical names provided little benefit
to safety, particularly during the initial stage of emergency response
while the number of materials requiring a technical name is on the
rise, thereby increasing the burden on operators to provide this
information. In addition, the technical name is not referenced in the
Emergency Response Guidance for Aircraft Incidents Involving Dangerous
Goods (Doc 9481) or the North American Emergency Response Guidebook
(ERG).
    Paragraphs (a)(12) and (c)(5) both mention the alternative written
document authorized in Sec.  173.185(c)(4)(v). The proposed removal of
the alternative written document from Sec.  173.185(c)(4)(v)
necessitates the removal of these paragraphs. Any information required
to be a part of the notification of the pilot-in-command previously
under paragraph (a)(12) will be detailed on a shipping paper and be
included on the notification of the pilot-in-command.
Section 175.630
    Section 175.630 prescribes special requirements for Division 6.1
(Toxic) and 6.2 (Infectious) materials in the HMT. Consistent with
revisions to the ICAO TI, in this NPRM, PHMSA is proposing to remove
paragraph (a) which prescribes segregation requirements for loading
certain Division 6.1 or Division 6.2 materials in the same compartment
of an aircraft

with material marked as or known to be a foodstuff, feed, or any other
edible material intended for consumption by humans or animals. At the
time these segregation requirements were initially included in the ICAO
TI and the HMR, the packing instructions were much less detailed than
they are at present. The UN Model Regulations do not impose segregation
requirements for Division 6.2 infectious substances. The segregation
requirements for infectious substances under the ICAO TI and HMR only
apply to UN2814 and UN2900 which already require robust triple
packagings. For Division 6.1, the UN Recommendations allow the
segregation requirements to be relaxed for substances in Packing Groups
II and III, provided the competent authority is satisfied that the
packing and segregation are adequate to prevent contamination. In
addition, the inspection procedures prescribed in Sec.  175.30 require
a physical check to ensure that the packagings are free from damage.
The revisions proposed in this NPRM are consistent with a petition for
rulemaking (P-1631) filed by UPS, Inc., who voiced strong support for
such action.
Section 175.705
    Section 175.705 prescribes requirements for aircraft that have been
contaminated with radioactive material and the procedures that must be
followed prior to returning the aircraft to service. Consistent with
revisions to the ICAO TI, in this NPRM, PHMSA is proposing to revise
paragraph (c) by stating that the dose rate at every accessible surface
``must not exceed'' 0.005 mSv per hour, where it presently states ``is
less than''.

Part 176

Section 176.80
    Section 176.80 details segregation requirements in addition to any
segregation requirements set forth elsewhere in subchapter C. In this
NPRM PHMSA is proposing a prohibition on stowing goods of Division 1.4,
compatibility group S in the same compartment or hold, or cargo
transport unit with hazardous materials of Class 1 of compatibility
groups A and L. Limited quantity shipments are currently excepted from
segregation requirements for vessel transport by both the IMDG Code and
the HMR. The IMO noted that when creating this exception a long
standing prohibition on stowing limited quantity goods of division 1.4,
compatibility group S in the same compartment or hold, or cargo
transport unit with hazardous materials of Class 1 of compatibility
groups A and L was not carried over into amendment 36-12 of the IMDG
Code. Amendment 37-14 of the IMDG Code reinstates these segregation
provisions, and PHMSA is proposing an equivalent change.
Section 176.83
    Section 176.83 details segregation requirements for hazardous
materials vessel transport. Paragraph (b) includes a table for users to
determine segregation requirements between various Classes (Divisions)
of hazardous materials. In this NPRM, PHMSA proposes to amend the
segregation requirements for vessel transportation between hazardous
materials of Class 4.3 (dangerous when wet) and Class 2.1 (flammable
gas), and Class 3 (flammable liquid). Proposed changes in the
segregation table in paragraph (b) are to change the segregation
requirements between goods of Class 4.3 and Class 2.1 from an ``x''
(segregation, if any, is shown in the Sec.  172.101 table) to a ``2''
(separated from), and between goods of Class 4.3 and Class 3 from a
``1'' (away from) to a ``2'' (separated from). The meaning of these
terms differs depending on the method of transport onboard a vessel
(shipping break-bulk cargo versus segregation of cargo transport units
on board container vessels). PHMSA assumes the majority of commodities
transported by vessel that will be affected by the proposed changes,
are offered in closed cargo transport units (CTU). A description of the
proposed changes, and how they will be impact these CTUs, is outlined
in the following table.

------------------------------------------------------------------------
  Hazard classes and transport          Current            Proposed
              unit                    segregation         segregation
------------------------------------------------------------------------
Class 4.3 versus Class 2.1 CTU..  Vertical--Segregat  Vertical--Not in
                                   ion if any, is      the same vertical
                                   shown in the Sec.   line unless
                                     172.101 table.    segregated by a
                                  Horizontal fore      deck.
                                   and aft both on    Horizontal fore
                                   and under deck--    and aft both on
                                   Segregation if      and under deck--
                                   any, is shown in    One container
                                   the Sec.            space.
                                   172.101 table.     Horizontal
                                  Horizontal           athwartships--One
                                   athwartships--Seg   container space.
                                   regation if any,
                                   is shown in the
                                   Sec.   172.101
                                   table.
Class 4.3 versus Class 3 CTU....  Vertical--One on    Vertical--Not in
                                   top of the other    the same vertical
                                   permitted.          line unless
                                  Horizontal fore      segregated by a
                                   and aft both on     deck.
                                   and under deck--   Horizontal fore
                                   No restriction.     and aft on deck--
                                  Horizontal           One container
                                   athwartships--No    space.
                                   restriction.       Horizontal fore
                                                       and aft under
                                                       deck--One
                                                       container space
                                                       or one bulkhead.
                                                      Horizontal
                                                       athwartships--One
                                                       container space.
------------------------------------------------------------------------

    The proposed changes are based on amendments adopted by the IMO and
are aimed at enhancing efforts to prevent the spread of fire in an
emergency situation. Fire extinguishing methods available to vessel
crews are often quite limited. Due to these limited fire extinguishing
options, the only recommended option to control the consequences of a
fire originating from these goods is to let the fire burn and to
prevent the spread of fire to other cargo or equipment which is crucial
for the safe operation of the ship. The proposed changes are intended
to address situations where a fire originates in a shipment of
flammable liquids or gases and is likely to spread to goods which
cannot be extinguished, or when a fire originates in goods which cannot
be extinguished and threatens to spread to highly flammable goods. The
new proposed segregation distances will enhance efforts to control the
emergency situation.
Section 176.84
    Section 176.84 prescribes the meanings and requirements for
numbered or alpha-numeric stowage provisions for vessel shipments
listed in column 10B of the Sec.  172.101 Hazardous Materials Table.
The provisions in Sec.  176.84 are broken down into general stowage
provisions whose meanings are

defined in the ``table of provisions'' in paragraph (b), and the
stowage provisions applicable to vessel shipments of Class 1
explosives, which are defined in the table to paragraph (c)(2).
    In this NPRM, PHMSA is proposing to amend the title of the section
to note that the codes in column 10B address not only codes for stowage
requirements, but also handling requirements that need to be observed
during loading of the hazardous materials. PHMSA is also proposing to
create footnote 3 and assign it to stowage provision 12 and 13.
Footnote 3 is added to note that these provisions apply not only to
stowage of the cargo transport unit, but also to the loading of
hazardous materials into the cargo transport unit.
    PHMSA is additionally proposing to create new stowage provisions
147 and 148 consistent with changes adopted in Amendment 37-14 of the
IMDG Code. Stowage provision 147 is proposed to read ``Stow ``separated
from'' flammable gases and flammable liquids.'' Stowage provision 148
is proposed to read ``In addition: From flammable gases and flammable
liquids when stowed on deck of a containership a minimum distance of
two container spaces athwartship shall be maintained, when stowed on
ro-ro ships a distance of 6 m athwartship shall be maintained.''
Section 176.905
    Section 176.905 prescribes specific requirements for motor vehicles
or mechanical equipment powered by internal combustion engines that are
offered for transportation and transported by vessel. In this NPRM
PHMSA is proposing to align our exceptions for vessel transportation
for motor vehicles and mechanical equipment powered by internal
combustion engines with those recently adopted by the IMO. PHMSA
believes aligning these exceptions will enhance the safe vessel
transport of motor vehicles and mechanical equipment powered by
internal combustion engines.
    PHMSA is proposing to amend paragraphs (i)(1), (i)(2), (i)(4), and
(i)(5) to require as a condition of exception from the subchapter that
batteries installed in motor vehicles or mechanical equipment powered
by internal combustion engines be protected from short circuit. PHMSA
is also proposing to revise paragraph (i)(2), which provides conditions
that need to be met for vehicles or mechanical equipment with an
internal combustion engine that uses liquid fuel with a flashpoint of
38 [deg]C (100[emsp14][deg]F) or higher. Currently up to 418 L (110
gallons) may remain in the equipment or vehicle, and if other noted
conditions are met the vehicle is excepted from all other requirements
of subchapter C. PHMSA is proposing to amend this fuel threshold to 450
L (119 gallons).
    PHMSA is proposing to add paragraph (i)(6) to add exceptions for
fuel cell powered vehicles or mechanical equipment with an internal
combustion engine powered by fuel cells. When the engine is protected
from inadvertent operation by closing fuel supply lines or by other
means, and the fuel supply reservoir has been drained and sealed, the
vehicle or mechanical equipment is excepted from the requirements of
subchapter C.

Part 178

Section 178.71
    Consistent with the UN Model Regulations, in this NPRM, PHMSA is
proposing to revise paragraph (a) to clarify that UN pressure
receptacles and service equipment constructed according to the
standards applicable at the date of manufacture may continue in use
subject to the continuing qualification and maintenance provisions of
part 180 of the subchapter.
    Consistent with the UN Model Regulations PHMSA is proposing to
revise paragraphs (d)(2), (g), and (k) to reflect the adoption of the
latest ISO standards for the design, construction, and testing of gas
cylinders and their associated service equipment. These paragraphs also
contain proposed end dates when the manufacture of cylinders and
service equipment are no longer authorized to be manufactured in
accordance with the outdated ISO standard.
    Consistent with the UN Model Regulations PHMSA is proposing a new
paragraph (n) and the redesignation of the existing paragraphs (n)
through (s). The proposed new paragraph (n) adopts design and
construction requirements of UN cylinders for the transportation of
adsorbed gases, consistent with those adopted into the UN Model
Regulations.
    Consistent with the UN Model Regulations, PHMSA is proposing to
revise the proposed redesignated paragraph (o) to adopt the current ISO
standards relating to material compatibility.
    Finally, PHMSA is proposing to add new paragraphs (u) and (v) to
adopt the marking requirements for bundles of cylinders that have been
adopted in the UN Model regulations.
Section 178.75
    Consistent with the UN Model Regulations PHMSA is proposing to
revise paragraph (d)(3) to reflect the adoption of the latest ISO
standards for the design, construction, and testing of gas cylinders
that are part of MEGCs. This paragraph also contains proposed end dates
when the manufacture of cylinders that are part of MEGCs are no longer
authorized to be manufactured in accordance with the outdated ISO
standard.
Section 178.703
    To promote the uniformity of markings, throughout the international
transportation community, revisions have been adopted in the UN Model
Regulations to clarify and standardize the specifications for markings,
including the marking of IBCs. In this NPRM, PHMSA is proposing to
revise the specifications for the markings prescribed in Sec.
178.703(b)(7)(iii) to be consistent with the revised specifications for
these markings in the UN Model Regulations. Also consistent with the UN
Model Regulations, a transitional period is being proposed to authorize
markings in conformance with the requirements of this paragraph in
effect on October 1, 2012, to continue to be applied to all IBCs
manufactured, repaired or remanufactured between January 1, 2011 and
December 31, 2016.
Section 178.910
    In this NPRM, PHMSA is proposing to revise paragraph (a) relating
to the marking of large packagings to include markings for the proposed
large salvage packagings. Consistent with the UN Model Regulations,
following the large packaging design type identification code on a
large packaging. a large salvage packaging conforming to the
requirements of subpart P of part 178 is proposed to be marked with the
letter ``T''.
    In addition, to promote the uniformity of markings, throughout the
international transportation community, revisions have been adopted in
the UN Model Regulations to clarify and standardize the specifications
for markings, including the marking of large packagings and large
salvage packaging. In this NPRM, PHMSA is proposing to revise the
specifications for the markings prescribed in Sec.  178.910(b) to be
consistent with the revised specifications for these markings in the UN
Model Regulations. Also consistent with the UN Model Regulations, a
transitional period is being proposed to authorize markings in
conformance with the requirements of this paragraph in effect on
October 1, 2012, to continue to be applied to all large packagings
manufactured, repaired or

remanufactured between January 1, 2015 and December 31, 2016.

Part 180

Section 180.207
    Requirements for requalification of UN pressure receptacles are
prescribed in Sec.  180.207. Table 1 in paragraph (c) of Sec.  180.207
provides requalification intervals for UN pressure vessels. In this
NPRM, PHMSA is proposing to add an additional entry to the end of Table
1 to prescribe a requalification interval of 5 years for pressure
receptacles used for adsorbed gases. This requalification period is
consistent with the requalification period adopted in the UN Model
Regulations for the use of these cylinders. Section 173.302c relating
to authorization for the use of cylinders for adsorbed gases directs
the reader to this section for the requalification period for these
cylinders.
    The proposed paragraph (d)(5) provides that each UN cylinder used
for adsorbed gases must be inspected and tested in accordance with
Sec.  173.302c and ISO 11513:2011. Both Sec.  173.302c and ISO
11513:2011 are being proposed for adoption in this NPRM.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This proposed rule is published under the following statutory
authorities:
    1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous materials in intrastate, interstate, and foreign commerce.
This proposed rule amends regulations to maintain alignment with
international 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. To this end, the proposed
rule amends the HMR to more fully align with the biennial updates of
the UN Model Regulations, the IMDG Code and the ICAO TI.
    Harmonization serves to facilitate international commerce; at the
same time, harmonization promotes the safety of people, property, and
the environment by reducing the potential for confusion and
misunderstanding that could result if shippers and transporters were
required to comply with two or more conflicting sets of regulatory
requirements. While the intent of this rulemaking is to align the HMR
with international standards, we review and consider each amendment on
its own merit based on its overall impact on transportation safety and
the economic implications associated with its adoption into the HMR.
Our goal is to harmonize without sacrificing the current HMR level of
safety and without imposing undue burdens on the regulated community.
Thus, as explained in the corresponding sections above, we are not
proposing harmonization with certain specific provisions of the UN
Model Regulations, the IMDG Code, and the ICAO TI. Moreover, we are
maintaining a number of current exceptions for domestic transportation
that should minimize the compliance burden on the regulated community.
Additionally, the following external agencies were consulted in the
development of this rule:

U.S. Coast Guard
U.S. Department of Energy
U.S. Department of Interior

    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. This rule proposes to
amend the HMR to maintain alignment with international standards by
incorporating various amendments to facilitate the transport of
hazardous material in international commerce. To this end, as discussed
in detail above, PHMSA proposes to incorporate changes into the HMR
based on the 18th Revised Edition of the UN Model Regulations,
Amendment 37-14 to the IMDG Code, and the 2015-2016 Edition of the ICAO
TI, which become effective January 1, 2015. The large volume of
hazardous materials transported in international commerce warrants the
harmonization of domestic and international requirements to the
greatest extent possible.

B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and
Procedures

    This notice is not considered a significant regulatory action under
section 3(f) of Executive Order 12866 (``Regulatory Planning and
Review'') and, therefore, was not reviewed by the Office of Management
and Budget. This notice is not considered a significant rule under the
Regulatory Policies and Procedures of the Department of Transportation
(44 FR 11034). Additionally, E.O. 13563 (``Improving Regulation and
Regulatory Review'') supplements and reaffirms E.O. 12866, stressing
that, to the extent permitted by law, an agency rulemaking action must
be based on benefits that justify its costs, impose the least burden,
consider cumulative burdens, maximize benefits, use performance
objectives, and assess available alternatives.
Benefits To Harmonization
    In an earlier regulatory evaluation,\1\ we estimated a proxy for
benefits of harmonization of the HMR with international standards of
$62 million. More specifically, this $62 million was estimated by
multiplying a hazard communication cost per dollar of hazardous
materials output--$0.001--by the value of hazardous materials involved
in international trade, as estimated by the proportion of trade (the
total of gross imports and gross exports) in the fuels and lubricants,
chemicals, and medicinal/dental/pharmaceutical products industries
($498 billion in 2010) \2\ that are hazardous products (i.e., 12.4
percent).\3\ \4\
---------------------------------------------------------------------------

    \1\ HM-215L: Hazardous Materials: Harmonization with
International Standards (RRR), Final Rule, Section V.B., 78 FR 1023
et seq., January 7, 2013.
    \2\ As reported in the quarterly trade data of the U.S. Bureau
of Economic Analysis, available at: http://www.bea.gov/international/detailed_trade_data.htm.
    \3\ U.S. Census Bureau's 2007 Commodity Flow Survey, Table 10.
    \4\ See Section V.B. for more detailed calculations of these
figures.
---------------------------------------------------------------------------

    For estimating benefits of this Amendment 1, we follow a nearly
identical approach (acknowledging there is an inherent imprecision of
benefits here), updating data and assumptions where possible. 2012
Commodity Flow Survey data on hazardous materials are not yet available
as of the date of this regulatory evaluation.
    However, the 12.4 percent proportion (of total shipment values
classed as hazardous materials) estimated in the earlier regulatory
evaluation may have had a high-side bias due to the variety of
different classes of products classified as hazardous. In actuality,
the percentage of shipments properly classified as hazardous is likely
lower, particularly for medicinal/dental/pharmaceuticals. Here, we
assume a slightly lower proportion to arrive at an estimate of benefits
of 10 percent.
    We update our estimate of value of hazardous materials involved in
international trade by using U.S. Trade in Goods seasonally adjusted,
Census-based total gross imports and gross exports in the fuels and
lubricants, chemicals, and medicinal/dental/pharmaceutical products
industries for the fourth quarter of 2013, the most recent quarter
available--

     Gross imports: $134 billion (rounded)
    [cir] Fuels and lubricants: $94.744 billion
    [cir] Chemicals: $18.637 billion
    [cir] Medicinal/dental/pharmaceutical products: $20.613 billion
     Gross exports: $85.8 billion (rounded)
    [cir] Fuels and lubricants: $44.301 billion
    [cir] Chemicals: $30.089 billion
    [cir] Medicinal/dental/pharmaceutical products: $11.416 billion
     Gross imports plus gross exports: $219.8 billion \5\
---------------------------------------------------------------------------

    \5\ Bureau of Economic Analysis, U.S. Department of Commerce,
U.S. Trade in Goods (IDS-0008), available at: http://www.bea.gov/international/detailed_trade_data.htm.
---------------------------------------------------------------------------

    Multiplying the quarterly estimate of $219.8 billion by 4 gives an
annual estimate of gross imports plus gross exports in the three
industries of $879.2 billion. Multiplying this figure by 10 percent
(the estimated proportion of annual trade in these three industries
that are hazardous products) by the average hazard communication cost
per dollar of hazardous materials produced in the United States
($0.001) results in an estimate of benefits from Amendment 1 of $87.9
million (rounded) annually.
    If U.S. regulations are not harmonized with international
standards, we estimate that it will cost U.S. companies an additional
$87.9 million per year to comply with both the HMR and the
international standards. Harmonizing the HMR with the international
standards, however, will avert these $87.9 million in additional costs,
and these averted costs are therefore considered the primary benefit
attributable to this rulemaking.
    Costs of Harmonization. The primary cost of updating references in
the U.S. HMR (to incorporate the most recent international hazardous
material standards) is the purchase of updated copies of the
international standards being incorporated by reference in the HMR.
These costs will be borne by offerors and transporters of hazmat if
this rulemaking were finalized.
    It is unknown how many individuals and firms involved in shipping
hazmat will purchase copies of these international standards as a
result of finalizing this rulemaking. We take a conservative approach
to estimating such a figure by using as a proxy the number of shippers,
carriers, or other offerors or transporters of hazmat in commerce with
a PHMSA registration expiring in 2014. Currently, PHMSA's registration
database indicates 36,731 registrants as of May 20, 2014.\6\ Of these,
29,877 (approximately 81 percent) are small businesses as defined by
the U.S. Small Business Administration. Further, 31,598 registrants
(approximately 86 percent) indicated that they offer or transport
hazmat solely by highway method.
---------------------------------------------------------------------------

    \6\ See PHMSA Hazardous Materials Registration Program
Registration Data Files, link available at http://www.phmsa.dot.gov/hazmat/registration, accessed on May 20, 2014.
---------------------------------------------------------------------------

    If we assume (for conservative estimation purposes) that all
registrants will purchase copies of all publications, this indicates an
estimated cost of this amendment of $56.68 million (rounded, $1,543
cost of all publications * 36,731 registrants). (In reality, all of the
ISO standards incorporated will not be purchased by the majority of
shippers and carriers, and will likely only impact a small subset of
the regulated community. Further, it is likely that many companies will
purchase multiple copies of the IMDG Code and ICAO TI, rather than only
one copy. We do not believe we have sufficient data to estimate the
precise number of registrants. However, we use one copy per registrant
as a reasonably conservative estimate on costs of the proposed
rulemaking.)
    However, further assuming that those who indicated that they offer
or transport in commerce hazmat only via highway, two publications
included in the $1,543 cost will not apply to such registrants (ICAO TI
[for air] and IMDG Code [by vessel]). Therefore, costs for the 31,598
highway-only registrants would total $32.99 million ($1,543--$155 [ICAO
TI]--$344 [IMDG Code] * 31,598 highway-only registrants).
Conservatively (i.e., overestimating costs and underestimating
benefits) assuming all other registrants (while acknowledging that, in
fact, some will purchase all standards copies and some will purchase
none) will purchase updated copies of all standards publications listed
here indicates a total cost of this Amendment 1 of $40.91 million,
incurred once ($32.99 million + $1,543 * [36,731 total registrants--
31,598 highway-only registrants], rounded).
    Net Benefit. Based on the discussions of benefits and costs
provided above, the estimated net benefit associated with the
international harmonization final rule (2137-AF05) is $47 million in
the first year after publication and $87.9 million in the second year
after publication. Please see the complete regulatory analysis, a copy
of which has been placed in the docket for this rulemaking, for a more
detailed analysis of the costs and benefits of this proposed rule.

C. Executive Order 13132

    This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism''). This proposed rule preempts State, local, and Indian
tribe requirements but does not propose any regulation that has
substantial direct effects on the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among the various levels of government. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
    The Federal hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements on certain covered
subjects, as follows:
     The designation, description, and classification of
hazardous material;
     The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
     The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
     The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
     The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
    This proposed rule addresses the covered subject items above and
preempts State, local, and Indian tribe requirements not meeting the
``substantively the same'' standard. This proposed rule is necessary to
incorporate changes adopted in international standards, effective
January 1, 2015. If the changes in this proposed rule are not adopted
in the HMR, U.S. companies, including numerous small entities competing
in foreign markets, would be at an economic disadvantage. These
companies would be forced to comply with a dual system of regulations.
The changes in this proposed rulemaking are intended to avoid this
result. Federal hazardous materials transportation law provides at 49
U.S.C. 5125(b)(2) that, if DOT issues a regulation concerning any of
the covered subjects, DOT must

determine and publish in the Federal Register the effective date of
Federal preemption. The effective date may not be earlier than the 90th
day following the date of issuance of the final rule and not later than
two years after the date of issuance. PHMSA proposes the effective date
of Federal preemption be 90 days from publication of a final rule in
this matter.

D. Executive Order 13175

    This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this proposed
rule does not have tribal implications, does not impose substantial
direct compliance costs, and is required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This
proposed rule facilitates the transportation of hazardous materials in
international commerce by providing consistency with international
standards. This proposed rule applies to offerors and carriers of
hazardous materials, some of whom are small entities, such as chemical
manufacturers, users and suppliers, packaging manufacturers,
distributors, and training companies. As discussed above, under
Executive Order 12866, the majority of amendments in this proposed rule
should result in cost savings and ease the regulatory compliance burden
for shippers engaged in domestic and international commerce, including
trans-border shipments within North America.
    Many companies will realize economic benefits as a result of these
amendments. Additionally, the changes effected by this NPRM will
relieve U.S. companies, including small entities competing in foreign
markets, from the burden of complying with a dual system of
regulations. Therefore, we certify that these amendments will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
    This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    PHMSA currently has approved information collection under Office of
Management and Budget (OMB) Control Number 2137-0034, ``Hazardous
Materials Shipping Papers and Emergency Response Information.'' We
anticipate that this proposed rule will result in an increase in the
annual information collection burden of this information collection due
to an increase in the number of shipping papers prepared for packages
containing batteries that exceeds the number or quantity (mass) limits
in the table shown in Sec.  173.185(c)(4), but containing no more than
2.5 kg of lithium metal cells or batteries or 10 kg of lithium ion
cells or batteries per package. Shipments utilizing this allowance
currently provide alternative documentation containing the name and
address of the offeror and consignee, the UN number, an indication of
compliance with this paragraph (c)(4) (or the applicable ICAO Packing
Instruction), and the number of packages and the gross mass of each
package.
    This rulemaking identifies a revised information collection that
PHMSA will submit to OMB for approval based on the requirements in this
NPRM. PHMSA has developed burden estimates to reflect changes in this
NPRM, and estimates the information collection and recordkeeping burden
in this rule are as follows:
    OMB Control Number: 2137-0034.
    Annual Increase in Number of Respondents: 150.
    Annual Increase in Annual Number of Responses: 13,167.
    Annual Increase in Annual Burden Hours: 219.
    Annual Increase in Annual Burden Costs: $4,380.
    Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests. PHMSA specifically requests
comments on the information collection and recordkeeping burdens
associated with developing, implementing, and maintaining these
proposed requirements. Address written comments to the Dockets Unit as
identified in the ADDRESSES section of this rulemaking. We must receive
comments regarding information collection burdens prior to the close of
the comment period identified in the DATES section of this rulemaking.
In addition, you may submit comments specifically related to the
information collection burden to the PHMSA Desk Officer, Office of
Management and Budget, at fax number<PHONE_NUMBER>. Requests for a copy
of this information collection should be directed to Steven Andrews or
T. Glenn Foster, Standards and Rulemaking Division (PHH-10), Pipeline
and Hazardous Materials Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001. If these proposed requirements are
adopted in a final rule, PHMSA will submit the revised information
collection and recordkeeping requirements to OMB for approval.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.

H. Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more, adjusted for inflation, to either State, local,
or tribal governments, in the aggregate, or to the private sector in
any one year, and is the least burdensome alternative that achieves the
objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires that federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
require federal agencies to conduct an environmental review
considering: (1) The need for the proposed action; (2) alternatives to
the proposed action; (3) probable environmental impacts of the proposed
action and alternatives; and (4) the agencies and persons consulted
during the consideration process. 40 CFR 1508.9(b).

Description of Action
    Docket No. PHMSA-2013-0260 (HM-215M), NPRM. The transportation of
hazardous materials in commerce is subject to the HMR, issued under
authority of Federal hazardous materials transportation law, codified
at 49 U.S.C. 5001 et seq. To facilitate the safe and efficient
transportation of hazardous materials in international commerce, the
HMR provides that both domestic and international shipments of
hazardous materials may be offered for transportation and transported
under provisions of the international regulations.
Purpose and Need
    This action is necessary to integrate into the HMR recent changes
to the International Maritime Dangerous Goods Code (IMDG Code), the
International Civil Aviation Organization's Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO TI), and the United
Nations Recommendations on the Transport of Dangerous Goods--Model
Regulations (UN Model Regulations) effective January 1, 2015. If the
changes in this proposed rule are not adopted in the HMR by this
effective date, US companies, including numerous small entities
competing in foreign markets, would be at an economic disadvantage.
These companies would be forced to comply with a dual system of
transport regulations that could result in shippers and carriers
segmenting domestic and international operations to accommodate
differing requirements. The changes to the HMR contained in this
proposed rulemaking are intended to avoid this result.
    The intended effect of this action is to align the HMR with
international hazardous material transport standards and requirements
to the extent practicable in accordance with Federal Hazardous
Materials transportation law (49 U.S.C. 5210). When considering the
adoption of international hazardous material standards under the HMR,
PHMSA reviews and evaluates each amendment on its own merit, on the
basis of its overall impact on transportation safety, and the economic
implications associated with its adoption into the HMR. Our goal is to
harmonize without diminishing the level of safety currently provided by
the HMR and without imposing undue burdens on the regulated public.
    In this NPRM, PHMSA is proposing to amend the Hazardous Materials
Regulations to maintain alignment with international 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 and align the
HMR with recent amendments adopted in the UN Model Regulations, IMDG
Code, and the ICAO TI. The amendments proposed in this notice are
intended to facilitate the safe and efficient transportation of
hazardous materials in international commerce, provide clarity to
encourage and increase regulatory compliance, and improve the efficacy
of emergency response in the event of a hazardous materials incident.
Alternatives
    In proposing this rulemaking, PHMSA is considering the following
alternatives:
    No Action Alternative:
    If PHMSA chose this alternative, it would not proceed with any
rulemaking on this subject and the current regulatory standards would
remain in effect.
    Preferred Alternative:
    This alternative is the current proposal as it appears in this
Notice of Proposed Rulemaking (NPRM), applying to the transportation of
hazardous materials by various transport modes (highway, rail, vessel
and aircraft). The proposed amendments included in this alternative are
more fully addressed in the preamble and regulatory text sections of
this NPRM. However, they generally include: (1) Updates to references
to various international hazardous materials transport standards; (2)
Amendments to the hazardous materials table to add, revise, or remove
certain proper shipping names, packing groups, special provisions,
packaging authorizations, bulk packaging requirements and vessel
stowage requirements; (3) Amendments to add and delete various
substances to the list of marine pollutants in Appendix B to Sec.
172.101; (4) Changes throughout the Part 173 packaging requirements to
authorize more flexibility when choosing packages for hazardous
materials; (5) An exception from the HMR for marine pollutants up to 5
liters (1.3 gallons) for liquids or 5 kg (11 pounds) for solids when
these materials are packaged in accordance with the general packaging
requirements of Sec. Sec.  173.24 and 173.24a; (6) Minimum sizes for
the OVERPACK and SALVAGE markings; and; (7) Revisions and additions to
vessel stowage codes listed in column 10B of the HMT and segregation
requirements in Sec.  176.83 consistent with the IMDG Code.
No Action Alternative
    If PHMSA were to select the No Action Alternative, current
regulations would remain in place, and no new provisions would be
added. However, efficiencies gained through harmonization in updates to
transport standards, lists of regulated substances, definitions,
packagings, stowage requirements/codes, flexibilities allowed, enhanced
markings, segregation requirements, etc., would not be realized.
Foregone efficiencies in the No Action Alternative include freeing up
limited resources to concentrate on vessel transport hazard
communication (hazcom) issues of potentially much greater environmental
impact.
    Additionally, the Preferred Alternative encompasses enhanced and
clarified regulatory requirements, which would result in increased
compliance and fewer environmental and safety incidents. Not adopting
the proposed environmental and safety requirements in the NPRM under
the No Action Alternative would result in a lost opportunity for
reducing environmental and safety-related incidents.
    Greenhouse gas emissions would remain the same under the No Action
Alternative.
Preferred Alternative
    If PHMSA selects the provisions as proposed in this NPRM, we
believe that safety and environmental risks would be reduced and that
protections to human health and environmental resources would be
increased. Potential environmental impacts of each proposed amendment
in the preferred alternative are discussed below:
    1. Propose updates to references to various international hazardous
materials transport standards, including the 2015-2016 Edition of the
ICAO TI; Amendment 37-14 to the IMDG Code; the 18th Revised Edition of
the UN Model Regulations; Amendment 2 to the 5th revised edition of the
UN Manual of Tests and Criteria; incorporation by reference of the
Canadian Transportation of Dangerous Goods Regulations to include
Amendment 11 (SOR/2011-239) October 27, 2011 and; adding two new
references standards and update four other references to standards
applicable to the manufacture, use, and requalification of pressure
vessels published by the International Organization for
Standardization:
    The HMR authorize shipments prepared in accordance with the ICAO TI
and transported by motor vehicle either before or after being
transported

by aircraft. Similarly, the HMR authorize shipments prepared in
accordance with the IMDG Code if all or part of the transportation is
by vessel. The authorizations to use the ICAO TI and the IMDG code are
subject to certain conditions and limitations outlined in part 171
subpart C. PHMSA believes that this proposed amendment, which will
increase standardization and consistency of regulations, will result in
greater protection of human health and the environment. Consistency
between U.S. and international regulations enhances the safety and
environmental protection of international hazardous materials
transportation through better understanding of the regulations, an
increased level of industry compliance, the smooth flow of hazardous
materials from their points of origin to their points of destination,
and consistent emergency response in the event of a hazardous materials
incident.
    Enhanced environmental protection will also be achieved through
more targeted and effective training. This proposed amendment will
eliminate inconsistent hazardous materials regulations, which hamper
compliance training efforts. For ease of compliance with appropriate
regulations, air and vessel carriers engaged in the transportation of
hazardous materials generally elect to comply with the ICAO TI and IMDG
Code as appropriate. By maintaining consistency between these
international regulations and the HMR, shippers and carriers are able
to train their hazmat employees in a single set of requirements for
classification, packaging, hazard communication, handling, stowage,
etc., thereby minimizing the possibility of improperly preparing and
transporting a shipment of hazardous materials because of differences
between domestic and international regulations.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    2. Propose amendments to the HMT to add, revise, or remove certain
proper shipping names, packing groups, special provisions, packaging
authorizations, bulk packaging requirements and vessel stowage
requirements:
    PHMSA believes that this proposed amendment, which will increase
standardization and consistency of regulations, will result in greater
protection of human health and the environment. Consistency between US
and international regulations enhances the safety and environmental
protection of international hazardous materials transportation through
better understanding of the regulations, an increased level of industry
compliance, the smooth flow of hazardous materials from their points of
origin to their points of destination, and consistent emergency
response in the event of a hazardous materials incident. New and
revised entries to the HMT reflect emerging technologies, and a need to
better describe or differentiate between existing entries. These
proposed changes mirror changes in the Dangerous Goods list of The 18th
Revised Edition of the UN Model Regulations, the 2015-2016 Edition of
the ICAO TI and the 37-14 amendments to the IMDG Code. It is extremely
important for the domestic HMR to mirror the UN Model Regulations, the
ICAO TI, and the IMDG Code with respect to the entries in the HMT to
ensure consistent naming conventions across modes and international
borders.
    Enhanced environmental protection will also be achieved through
more targeted and effective training. This proposed amendment will
eliminate inconsistent hazardous materials regulations, which hamper
compliance training efforts. For ease of compliance with appropriate
regulations, international carriers engaged in the transportation of
hazardous materials by vessel generally elect to comply with the IMDG
Code. By maintaining consistency between these international
regulations and the HMR, shippers and carriers are able to train their
hazmat employees in a single set of requirements for classification,
packaging, hazard communication, handling, stowage, etc., thereby
minimizing the possibility of improperly preparing and transporting a
shipment of hazardous materials because of differences between domestic
and international regulations.
    The packing group assignment reflects a degree of danger associated
with a particular material and identifies appropriate packaging.
However, assignment of a packing group is not appropriate in all cases
(e.g. explosives, gases, radioactive material). In such cases the
packing group does not indicate a degree of danger and the packaging
requirements for those materials are specified in the appropriate
section in part 173. Similarly for articles, the packing group only
reflects the degree of the danger posed by the hazardous component, but
may not reflect danger of the article itself, which may be
substantially reduced or changed when compared to shipping the
hazardous component alone. Currently and without specific rationale,
some articles are assigned packing groups while others are not. The
inconsistent application of packing groups to articles can create
problems for trainers when trying to explain regulatory structure to
students. This proposed change provides a level of consistency for all
articles specifically listed in the HMT, without diminishing
environmental protection and safety.
    For adsorbed gases, PHMSA proposes adding into the HMR a
definition, HMT entries, authorized packagings and safety requirements
including but not limited to quantity limitations and filling limits.
PHMSA believes that this proposed amendment will result in greater
protection of human health and the environment by facilitating the safe
and efficient transport of gases adsorbed onto a porous media within
cylinders. This technology allows the cylinder to be filled and
transported with gas at sub-atmospheric pressure. Sub-atmospheric
transport of gas minimizes potential leaks of gas during
transportation, thus providing significant safety and environmental
improvements over traditional high-pressure cylinders. This method of
transporting gas is a proven safe method authorized through a PHMSA
special permit for over ten years and recently adopted into the UN
Model Regulations, the ICAO TI and the IMDG Code.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    3. Propose additions and deletions of various substances to/from
the list of Marine Pollutants in HMR, Appendix B to 172.101:
    As for the above amendments, PHMSA believes that this proposed
amendment, which will increase standardization and consistency of
regulations, will result in greater protection of human health and the
environment. Consistency between US and international regulations
enhances the safety and environmental protection of international
hazardous materials transportation through better understanding of the
regulations, an increased level of industry compliance, the smooth flow
of hazardous materials from their points of origin to their points of
destination, and consistent emergency response in the event of a
hazardous materials incident. The proposed additions and deletions are
based on the criteria contained in the IMDG code for substances
classified as toxic to the aquatic environment. The HMR maintain a 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 its list based on changes to the IMDG code and evaluation of
listed materials against the IMDG code

criteria. Amending the marine pollutant list will facilitate consistent
communication of the presence of marine pollutants and facilitate safe
and efficient transportation without imposing significant burden
associated with characterizing mixtures as marine pollutants.
    Also similar to the above amendments, enhanced environmental
protection will also be achieved through more targeted and effective
training. This proposed amendment will eliminate inconsistent hazardous
materials regulations, which hamper compliance training efforts. For
ease of compliance with appropriate regulations, international carriers
engaged in the transportation of hazardous materials by vessel
generally elect to comply with the IMDG Code. By maintaining
consistency between these international regulations and the HMR,
shippers and carriers are able to train their hazmat employees in a
single set of requirements for classification, packaging, hazard
communication, handling, stowage, etc., thereby minimizing the
possibility of improperly preparing and transporting a shipment of
hazardous materials because of differences between domestic and
international regulations.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    4. Propose adopting changes throughout the HMR Part 173 packaging
requirements to authorize more flexibility when choosing packages for
hazardous materials:
    The proposed changes would adopt manufacturing and performance
standards for small gas pressure receptacles without a relief device,
clarify the use of the HMT entry ``fire extinguisher'', authorize the
use of large salvage packagings and provide a list of authorized
packagings for ammonium nitrate emulsions. As for the above amendments,
PHMSA believes that these proposed amendments, which will increase
standardization and consistency of regulations, will result in greater
protection of human health and the environment. Consistency between US
and international regulations enhances the safety and environmental
protection of international hazardous materials transportation through
better understanding of the regulations, an increased level of industry
compliance, the smooth flow of hazardous materials from their points of
origin to their points of destination, and consistent emergency
response in the event of a hazardous materials incident. PHMSA proposes
to adopt changes throughout the Part 173 packaging requirements to
authorize more flexibility when choosing packages for hazardous
materials. This action is consistent with amendments adopted into the
UN Model Regulations.
    These amendments permit additional flexibility for authorized
packages without compromising environmental protection or safety.
Manufacturing and performance standards for small gas pressure
receptacles ensure a safe packaging that is capable of retaining its
contents without being overly prescriptive. The proposed clarification
for fire extinguishers increases the transparency of the regulations,
which will in turn result in increased compliance, reduced incidents of
undeclared or mis-declared hazardous material and enhanced
environmental protection and safety. Increased flexibility will also
add to environmental protection by increasing the ease of regulatory
compliance.
    Also similar to the above amendments, enhanced environmental
protection will be achieved through more targeted and effective
training. This proposed amendment will eliminate inconsistent hazardous
materials regulations, which hamper compliance training efforts. By
maintaining consistency between the UN Model Regulations and the HMR,
shippers and carriers are able to train their hazmat employees in a
single set of requirements for classification, packaging, hazard
communication, handling, stowage, etc., thereby minimizing the
possibility of improperly preparing and transporting a shipment of
hazardous materials because of differences between domestic and
international regulations.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    5. Proposed exception from the HMR for marine pollutants up to 5
liters (1.3 gallons) for liquids or 5 kg (11 lbs.) for solids when
these materials are packaged in accordance with the general packaging
requirements of Sec. Sec.  173.24 and 173.24a:
    PHMSA believes that this proposed amendment would provide for a
slight net increase in environmental protection and safety by reducing
confusion and simplifying multi-modal transit hazardous material
transportation requirements. Currently, packages containing less than 5
liters (1.3 gallons) for liquids or 5 kg (11 lbs.) of material
containing marine pollutants are subject to additional requirements
such as shipping papers, Class 9 labelling and UN packaging when
offered for transport by air or vessel in accordance with the ICAO TI
or the IMDG Code. However, these same materials would not be subject to
the HMR when transported by motor vehicle, rail car or aircraft in the
U.S. The presence of these labels in one mode of transport can cause
confusion in the U.S. supply chain.
    The proposed amendment would exempt from the HMR small packages of
hazardous material that are regulated only because of the presence of
one or more marine pollutants. Materials in these quantities pose a low
risk in transportation. In addition, these low quantities of materials
present even lower risks in transportation because they often contain
low concentrations of marine pollutant constituents. Lastly, risks of
incidents are very low. In the past 10 years, in tens of thousands of
vessel shipments, PHMSA's data contains only one record of marine
pollutant released on a vessel that caused environmental damage. In
this incident, the material was packaged in a 55-gallon drum and would
not be impacted by the proposed amendment, since the package would
still be required to display the marine pollutant mark and the shipping
documents would still have to communicate the presence of a marine
pollutant. By reducing the hazard communication (hazcom) burdens for
lower risk commodities, industry, shippers, and transporters can focus
hazard communication resources on areas with potentially greater
environmental and safety consequences.
    The proposed action is consistent with recent revisions to the IMDG
Code. PHMSA believes that this proposed amendment will increase
standardization and consistency of regulations, may also result in
greater protection of human health and the environment. Consistency
between U.S. and international regulations enhances the safety and
environmental protection of international hazardous materials
transportation through better understanding of the regulations, an
increased level of industry compliance, the smooth flow of hazardous
materials from their points of origin to their points of destination,
and consistent emergency response in the event of a hazardous materials
incident. Excepting these quantities of marine pollutants from the HMR
will facilitate consistent communication of the presence of marine
pollutants and facilitate safe and efficient transportation without
imposing significant burden associated with characterizing mixtures as
marine pollutants.
    Also similar to the above amendments, enhanced environmental
protection will also be achieved through

more targeted and effective training. This proposed amendment will
eliminate inconsistent hazardous materials regulations, which hamper
compliance training efforts. For ease of compliance with appropriate
regulations, international carriers engaged in the transportation of
hazardous materials by vessel generally elect to comply with the IMDG
Code. By maintaining consistency between these international
regulations and the HMR, shippers and carriers are able to train their
hazmat employees in a single set of requirements for classification,
packaging, hazard communication, handling, stowage, etc., thereby
minimizing the possibility of improperly preparing and transporting a
shipment of hazardous materials because of differences between domestic
and international regulations.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    6. Proposed amendments to add minimum sizes for the OVERPACK and
SALVAGE markings. These markings would be characters at least 12 mm
(.47 inches) high:
    PHMSA believes that this proposed amendment, which will provide for
enhanced hazard communication, will result in greater protection of
human health and the environment. An overpack is an enclosure to
provide protection or convenience of handling for one or more packages
such as pallets and crates. A salvage package is used to contain a
damaged, leaking or non-conforming package. The HMR require these
packages to be marked OVERPACK or SALVAGE, as appropriate. This
communicates the nature of these specialized packaging configurations
to package handlers and emergency responders. However, because there is
currently no minimum size requirement for these marks, this information
is not always readily visible. This proposed amendment would ensure
that these hazard markings are visible, thus resulting in decreased
incidents with impacts to the environment and safety.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    7. Proposed amendments to revise and add vessel stowage codes
listed in column 10B of the HMT and segregation requirements in HMR
Sec.  176.83 consistent with the IMDG Code. These changes are designed
to harmonize with the IMDG Code and would provide additional guidance
on the loading and stowage of various materials. Additionally, proposed
amendments to increase the required segregation distances between
Division 4.3 dangerous when wet material (i.e. materials liable to give
off a flammable or toxic gas in contact with water) and Class 3
flammable liquids and Division 2.1 flammable gases:
    As discussed for previous amendments herein, PHMSA believes that
this proposed amendment, which will increase standardization and
consistency of regulations, will result in greater protection of human
health and the environment. Consistency between U.S. and international
regulations enhances the safety and environmental protection of
international hazardous materials transportation through better
understanding of the regulations, an increased level of industry
compliance, the smooth flow of hazardous materials from their points of
origin to their points of destination, and consistent emergency
response in the event of a hazardous materials incident. New and
revised entries to the HMT reflect emerging technologies, and a need to
better describe or differentiate between existing entries. These
proposed changes mirror the IMDG Code. It is extremely important for
the domestic HMR and HMT to mirror the IMDG Code to ensure consistent
naming conventions across modes and international borders.
    Enhanced environmental protection will also be achieved through
more targeted and effective training. This proposed amendment will
eliminate inconsistent hazardous materials regulations, which hamper
compliance training efforts. For ease of compliance with appropriate
regulations, international carriers engaged in the transportation of
hazardous materials by vessel generally elect to comply with the IMDG
Code. By maintaining consistency between these international
regulations and the HMR, shippers and carriers are able to train their
hazmat employees in a single set of requirements for classification,
packaging, hazard communication, handling, stowage, etc., thereby
minimizing the possibility of improperly preparing and transporting a
shipment of hazardous materials because of differences between domestic
and international regulations.
    PHMSA also believes that this group of amendments will increase
environmental protection and safety through its increased segregation
distance requirements and enhanced guidance, which will better prevent
materials from contacting each other and/or water in transportation.
Increased segregation distances prevent the mixing of incompatible
material and the subsequent evolution of flammable or toxic gases,
along with attendant fires and explosions. Together, stowage and
segregation help manage the risks associated with the transport of
hazardous materials by water. While the risk associated with the
transport of these materials is relatively low, these measures would
further reduce that risk and prevent the spread of a fire between
flammable materials and materials that react dangerously with water.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    Agencies Consulted:
    This NPRM represents PHMSA's first action in the U.S. for this
program area. PHMSA has coordinated with the U.S. Federal Aviation
Administration and the U.S. Coast Guard, in the development of this
proposed rule. PHMSA will consider the views expressed in comments to
the NPRM submitted by members of the public, state and local
governments, and industry.
    Conclusion:
    The provisions of this proposed rule build on current regulatory
requirements to enhance the transportation safety and security of
shipments of hazardous materials transported by highway, rail, aircraft
and vessel, thereby reducing the risks of an accidental or intentional
release of hazardous materials and consequent environmental damage.
PHMSA believes the net environmental impact will be positive. PHMSA
believes that there are no significant environmental impacts associated
with this proposed rule.
    PHMSA welcomes any views, data, or information related to
environmental impacts that may result if the proposed requirements are
adopted, as well as possible alternatives and their environmental
impacts.

J. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit http://www.dot.gov/privacy.html.

K. Executive Order 13609 and International Trade Analysis

    Under E.O. 13609, agencies must consider whether the impacts
associated with significant variations between

domestic and international regulatory approaches are unnecessary or may
impair the ability of American business to export and compete
internationally. In meeting shared challenges involving health, safety,
labor, security, environmental, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are or would be adopted in the absence of such
cooperation. International regulatory cooperation can also reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards
to protect the safety of the American public, and we have assessed the
effects of the proposed rule to ensure that it does not cause
unnecessary obstacles to foreign trade. In fact, the rule is designed
to facilitate international trade. Accordingly, this rulemaking is
consistent with E.O. 13609 and PHMSA's obligations under the Trade
Agreement Act, as amended.

List of Subjects

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.

49 CFR Part 176

    Maritime carriers, Hazardous materials transportation,
Incorporation by reference, Radioactive materials, Reporting and
recordkeeping requirements.

49 CFR Part 178

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

49 CFR Part 180

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

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

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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

0
2. In Sec.  171.4, paragraph (c) is revised to read as follows:

Sec.  171.4  Marine pollutants.

* * * * *
    (c) Exceptions. (1) Except when all or part of the transportation
is by vessel, the requirements of this subchapter specific to marine
pollutants do not apply to non-bulk packagings transported by motor
vehicle, rail car or aircraft.
    (2) Single or combination packagings containing a net quantity per
single or inner packaging of 5 L or less for liquids or having a net
mass of 5 kg or less for solids, are not subject to any other
requirements of this subchapter provided the packagings meet the
general requirements in Sec. Sec.  173.24 and 173.24a. This exception
does not apply to marine pollutants that are a hazardous waste, a
hazardous substance, or meet the definition for inclusion in another
hazard class.
* * * * *
0
3. In Sec.  171.7:
0
a. Paragraphs (a)(1), (s)(1), (t)(1), (v)(2), and (w)(1) through (52)
are revised;
0
b. Paragraphs (w)(53 through (58) and (bb)(1)(ix) through (xii) are
added;
0
c. Paragraph (dd)(1) and paragraph (dd)(2) introductory text are
revised; and
0
d. Paragraph (dd)(2)(iii) is added.
    The revisions and additions read as follows:

Sec.  171.7  Reference material.

    (a) Matter incorporated by reference--(1) General. There is
incorporated, by reference in parts 170-189 of this subchapter, matter
referred to that is not specifically set forth. This matter is hereby
made a part of the regulations in parts 170-189 of this subchapter. The
matter subject to change is incorporated only as it is in effect on the
date of issuance of the regulation referring to that matter. The
material listed in paragraphs (b) through (ee) of this section have
been approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval and a
notice of any change in the material will be published in the Federal
Register. Matters referenced by footnote are included as part of the
regulations of this subchapter.
* * * * *
    (s) * * *
    (1) IAEA Safety Standards for Protecting People and the
Environment; Regulations for the Safe Transport of Radioactive
Material, No. SSR-6, (IAEA Regulations), 2012 Edition, into Sec. Sec.
171.22, 171.23, 171.26, 173.415, 173.416, 173.417, 173.473.
* * * * *
    (t) * * *
    (1) Technical Instructions for the Safe Transport of Dangerous
Goods by Air (ICAO Technical Instructions), 2015-2016 Edition, into
Sec. Sec.  171.8; 171.22; 171.23; 171.24; 172.101; 172.202; 172.401;
172.512; 172.519; 172.602; 173.56; 173.320; 175.10, 175.33; 178.3.
* * * * *
    (v) * * *
    (2) International Maritime Dangerous Goods Code (IMDG Code),
Incorporating Amendment 37-14 (English Edition), 2013, into Sec. Sec.
171.22; 171.23; 171.25; 172.101 172.202; 172.203 172.401; 172.502;
172.519; 172.602; 173.21; 173.56; 176.2; 176.5; 176.11; 176.27; 176.30;
176.83; 176.84; 176.140; 176.720; 178.3; 178.274.
    (w) * * *
    (1) ISO 535-1991(E) Paper and board--Determination of water
absorptiveness--Cobb method, 1991, into Sec.  178.516; 178.707;
178.708.
    (2) ISO 1496-1: 1990 (E)--Series 1 freight containers--
Specification and

testing, Part 1: General cargo containers. Fifth Edition, (August 15,
1990), into Sec.  173.411.
    (3) ISO 1496-3(E)--Series 1 freight containers--Specification and
testing--Part 3: Tank containers for liquids, gases and pressurized dry
bulk, Fourth edition, March 1995, into Sec.  178.74; 178.75; 178.274.
    (4) ISO 1516:2002(E), Determination of flash/no flash--Closed cup
equilibrium method, Third Edition, 2002-03-01, into Sec.  173.120.
    (5) ISO 1523:2002(E), Determination of flash point--Closed cup
equilibrium method, Third Edition, 2002-03-01, into Sec.  173.120.
    (6) ISO 2431-1984(E) Standard Cup Method, 1984, into Sec.  173.121.
    (7) ISO 2592:2000(E), Determination of flash and fire points--
Cleveland open cup method, Second Edition, 2000-09-15, into Sec.
173.120.
    (8) ISO 2719:2002(E), Determination of flash point--Pensky-Martens
closed cup method, Third Edition, 2002-11-15, into Sec.  173.120.
    (9) ISO 2919:1999(E), Radiation Protection--Sealed radioactive
sources--General requirements and classification, (ISO 2919), second
edition, February 15, 1999, into Sec.  173.469.
    (10) ISO 3036-1975(E) Board--Determination of puncture resistance,
1975, into Sec.  178.708.
    (11) ISO 3405:2000(E), Petroleum products--Determination of
distillation characteristics at atmospheric pressure, Third Edition,
2000-03-01, into Sec.  173.121.
    (12) ISO 3574-1986(E) Cold-reduced carbon steel sheet of commercial
and drawing qualities, into Sec.  178.503; Part 178, appendix C.
    (13) ISO 3679:2004(E), Determination of flash point--Rapid
equilibrium closed cup method, Third Edition, 2004-04-01, into Sec.
173.120.
    (14) ISO 3680:2004(E), Determination of flash/no flash--Rapid
equilibrium closed cup method, Fourth Edition, 2004-04-01, into Sec.
173.120.
    (15) ISO 3807-2(E), Cylinders for acetylene--Basic requirements--
Part 2: Cylinders with fusible plugs, First edition, March 2000, into
Sec. Sec.  173.303; 178.71.
    (16) ISO 3924:1999(E), Petroleum products--Determination of boiling
range distribution--Gas chromatography method, Second Edition, 1999-08-
01, into Sec.  173.121.
    (17) ISO 4126-1:2004(E): Safety devices for protection against
excessive pressure--Part 1: Safety valves, Second edition 2004-02-15,
into Sec.  178.274.
    (18) ISO 4126-7:2004(E): Safety devices for protection against
excessive pressure--Part 7: Common data, First Edition 2004-02-15 into
Sec.  178.274.
    (19) ISO 4126-7:2004/Cor.1:2006(E): Safety devices for protection
against excessive pressure--Part 7: Common data, Technical Corrigendum
1, 2006-11-01, into Sec.  178.274.
    (20) ISO 4626:1980(E), Volatile organic liquids--Determination of
boiling range of organic solvents used as raw materials, First Edition,
1980-03-01, into Sec.  173.121.
    (21) ISO 4706:2008(E), Gas cylinders--Refillable welded steel
cylinders--Test pressure 60 bar and below, First Edition, 2008-04-15,
Corrected Version, 2008-07-01, into Sec.  178.71.
    (22) ISO 6406(E), Gas cylinders--Seamless steel gas cylinders--
Periodic inspection and testing, Second edition, February 2005, into
Sec.  180.207.
    (23) ISO 6892 Metallic materials--Tensile testing, July 15, 1984,
First Edition, into Sec.  178.274.
    (24) ISO 7225(E), Gas cylinders--Precautionary labels, Second
Edition, July 2005, into Sec.  178.71.
    (25) ISO 7866(E), Gas cylinders--Refillable seamless aluminum alloy
gas cylinders--Design, construction and testing, First edition, June
1999, into Sec.  178.71.
    (26) ISO 8115 Cotton bales--Dimensions and density, 1986 Edition,
into Sec.  172.102.
    (27) ISO 9809-1:1999: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa.,
First edition, June 1999, into Sec. Sec.  178.71; 178.75.
    (28) ISO 9809-1:2010: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa.,
Second edition, 2010-04-15, into Sec. Sec.  178.71; 178.75.
    (29) ISO 9809-2:2000: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1100 MPa., First edition, June 2000, into Sec. Sec.  178.71; 178.75.
    (30) ISO 9809-2:2010: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1100 MPa., Second edition, 2010-04-15, into Sec. Sec.  178.71; 178.75.
    (31) ISO 9809-3:2000: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders, First edition, December 2000, into Sec. Sec.  178.71;
178.75.
    (32) ISO 9809-3:2010: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders, Second edition, 2010-04-15, into Sec. Sec.  178.71; 178.75.
    (33) ISO 9978:1992(E)--Radiation protection--Sealed radioactive