limited quantity packages transported by vessel. PHMSA seeks comment on
this proposed revision to the hazard communication and pressure
differential packaging requirements for ID8000, consumer commodity
packages.
    In addition to the revisions to Sec.  173.167 requested in P-1762
discussed above, COSTHA submitted petition P-1761 \21\ and additional
requests in P-1762 that PHMSA is not proposing to adopt into the HMR.
Specifically, in P-1762, COSTHA requested that PHMSA add a reference to
Sec.  173.167 in the individual sections that outline exceptions
sections for Class 3, PG II and III (Sec.  173.150), UN3175 (Sec.
173.151), Division 6.1 PG III (Sec.  173.153), UN3077, UN3082, UN3334
and UN3335 (Sec.  173.155), and Class 2 non-toxic aerosols (Sec.
173.306). PHMSA does not propose to adopt this portion of P-1762.
ID8000 is a specialized exception, designed only for a small subset of
materials, and the materials are subject to stringent packaging
requirements. We believe that adding a reference to Sec.  173.167 to
the exception sections listed above will create confusion for shippers
by referencing an exception that most may not be able to adequately
meet. All the materials and quantities authorized in Sec.  173.167 may
be transported as limited quantities by all modes. For the vast
majority of hazardous material shippers who offer these materials in
these small quantities, utilizing the limited quantity exception is the
most appropriate and simplest option. PHMSA requests comment on this
determination not to adopt this portion of P-1762.
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    \21\ https://www.regulations.gov/document/PHMSA-2022-0006-0001.
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    Separately, in P-1761, COSTHA petitioned PHMSA to add a reference
to the limited quantity marking section (Sec.  172.315) to the limited
quantity packaging instructions in Sec. Sec.  173.150, 173.151,
173.152, 173.153, 173.154, and 173.155. PHMSA does not propose to adopt
the revision proposed in P-1761. Limited quantity shipments must be
marked in accordance with Sec.  172.315 (see Sec.  172.315(a) and (b)).
This longstanding requirement is clearly written in the HMR and PHMSA
does not believe that any modification of the HMR is warranted. If
shippers, carriers, or other entities involved in the transportation of
hazardous materials are uncertain what marking requirements apply to a
limited quantity shipment, that deficiency is best remedied through the
proper implementation of a training program. PHMSA requests comment on
this determination not to adopt P-1761.
Section 173.185
    Section 173.185 prescribes requirements for the transportation of
lithium cells and batteries. PHMSA proposes numerous changes to this
section as follows.
    Paragraph (a) classification revisions: Paragraph (a) provides
general classification provisions, which include requirements for
manufacturers and subsequent distributers of lithium cells and
batteries to provide others in the supply chain a test summary of the
battery, which contains information regarding the cells and batteries.
PHMSA proposes to amend paragraph (a)(3) to except button cell
batteries installed in equipment (including circuit boards) from these
test summary requirements. This proposed amendment would give shippers
of traditionally less regulated products, such as wrist watches and key
fobs, an exception from the need to maintain a test summary. Currently,
as provided in Sec.  173.185(c)(2) and (c)(3), button cell batteries
are excepted from the lithium battery marking requirements and the
packing requirement to use a strong, rigid outer package, provided the
battery is sufficiently protected by the equipment in which it is
contained. For this reason, PHMSA finds that this proposed amendment
maintains the safety standard for the transportation of lithium
batteries consistent with the Sec.  173.185(c) exceptions for smaller
cells or batteries. Further, PHMSA proposes to make an editorial
amendment by deleting the onset date of this requirement, January 1,
2022, as this date has passed, and paragraph (a)(3) now applies
generally.
    Additionally, PHMSA proposes to add a new paragraph (a)(5) to
require marking the outer casing of lithium ion batteries with the
Watt-hour (Wh) rating. This is consistent with the provisions for
smaller cells or batteries in Sec.  173.185(c)(1)(i), which require
that ``each lithium ion battery subject to this provision must be
marked with the Watt-hour rating on the outside case.'' PHMSA added
this provision to the HMR in HM-224F.\22\ While the requirement was
added to the HMR for smaller cells or batteries (as a condition for use
of an exception), no similar provision was added for other lithium ion
cells and batteries (i.e., those not offered in accordance with, or
eligible for, the paragraph (c) exceptions). However, upon review,
PHMSA noted that the international regulations generally require the
marking of the Wh rating on the outside of the casing. Specifically,
this is required in accordance with Special Provision 348 of the UN
Model Regulations, Special Provision 188 of the IMDG Code, Section IA.2
of Packing Instruction 965 (for UN3480), and Section I.2 of Packing
Instruction 966 (for UN3481) and 967 (for UN3481) of the ICAO Technical
Instructions. PHMSA expects that this amendment will improve safety as
the marking of the Wh rating on the outer casing of a lithium ion cell
or battery assists a shipper in better understanding the energy
capacity of the cell or battery, and thus, ensures compliance with
hazard communication and packing provisions associated with Wh
limitations.
---------------------------------------------------------------------------

    \22\ 79 FR 46011 (Aug. 6, 2014).
---------------------------------------------------------------------------

    Paragraph (b) packaging revisions: Section 173.185(b)(3) contains
packaging provisions for lithium cells or batteries packed with
equipment. Specifically, paragraph (b)(3)(iii) provides two authorized
packaging configurations for lithium cells and batteries packed with
equipment. Specifically, it permits lithium cells and batteries, when
packed with equipment, to be placed in: (1) inner packagings that
completely enclose the cell or battery, then placed in an outer
packaging; or (2) inner packagings that completely enclose the cell or
battery, then placed with equipment in a package that meets the PG II
performance requirements as specified in paragraph Sec.
173.185(b)(3)(ii). The intent of the first option provided in paragraph
(b)(3)(iii)(A) is to permit packing only the cells or batteries in a UN
specification packaging and then to place this packaging with the
equipment, for which the batteries are intended, in a non-UN
specification outer packaging. The intent for the second option
provided in paragraph (b)(3)(iii)(B) is to pack both the cells/
batteries and the equipment in a UN specification outer packaging. In a
working paper submitted at the ICAO 2020 Working Group Meeting, it was
noted that the actual text for the two options was not clear.
Specifically, paragraph (b)(3)(iii)(A) does not clearly state that the
specification packaging containing the cells or batteries is then
packed with the equipment into a non-specification outer packaging.
Consistent with the clarifying revision in the ICAO Technical
Instructions, and to align more closely with the text in packing
instruction P903 of the UN Model Regulations, PHMSA proposes to revise
paragraph (b)(3)(iii)(A) by clearly indicating that the cells or
batteries must be placed in a specification package of a type that
meets PG II performance requirements and then

placed together with the equipment in a strong, rigid outer non-
specification packaging. For additional clarity, PHMSA also proposes to
revise paragraph (b)(3)(iii)(B) by replacing the text ``package'' with
the phrase ``packaging of a type'' when referring to the specification
package meeting the PG II performance requirements.
    PHMSA also proposes to add a new paragraph (b)(3)(iii)(C) to
include a limitation for the number of batteries in the package, when
transported by air. This is consistent with the provisions for smaller
cells or batteries found in Sec.  173.185(c)(4)(vi), which currently
requires that for smaller cells or batteries contained in or packed
with equipment and shipped by aircraft, the number allowed in each
package is limited to the number required to power the piece of
equipment, plus two spare sets. The original provision limiting the
number in each packaging was added in HM-224F but did not apply to
fully regulated shipments.
    However, PHMSA notes that the limitation on the number of cells or
batteries allowed in a package should apply to fully regulated
shipments of lithium batteries packed with equipment, consistent with
Section I.2 of Packing Instruction 966 (for UN3481) and Packing
Instruction 969 (for UN3091) of the ICAO Technical Instructions. PHMSA
did not intend to limit the scope of this requirement to just smaller
cells or batteries, as a condition for the exception from full
regulation under paragraph (c), as this packaging requirement is
intended to limit the hazard of lithium battery shipments in air
transportation. Limiting the number of batteries allowed to be packaged
with equipment reduces hazard risks and increases safety.
    Section 173.185(b)(4) contains packaging provisions for lithium
cells or batteries contained in equipment. Consistent with the ICAO
Technical Instructions, PHMSA proposes to add a new paragraph
(b)(4)(iv) clarifying that for transportation by aircraft, when
multiple pieces of equipment are packed in the same outer packaging,
each piece of equipment must be packed to prevent contact with other
equipment. This change is necessary because existing provisions in
paragraph (b) could be interpreted to only apply to an outer packaging
containing a single piece of equipment; however, an outer packaging may
contain multiple pieces of equipment. This provision would more clearly
communicate that for multiple pieces of equipment containing lithium
cells or batteries in the same outer packaging, the equipment must be
packed to prevent damage due to contact between the pieces of
equipment.
    Paragraph (c) exceptions for smaller cells or batteries revisions:
Paragraph (c)(3) specifies hazard communication requirements pertaining
to the use of the lithium battery mark. Currently, the heading of
paragraph (c)(3) is titled ``hazard communication''; however, PHMSA
proposes to amend this heading to read ``lithium battery mark.'' In
general, hazard communication refers to various documentation and
communication requirements, including but not limited to marking. PHMSA
expects that this change will provide clarity by referring to the
specific requirement for hazard communication stipulated in this
paragraph. PHMSA proposes to remove the telephone number requirement
from the lithium battery mark. The intended use of the telephone number
and its effectiveness was discussed by the UNSCOE. Examples pointing to
its ineffectiveness include differences in time zones and languages
between the origin and destination of a shipment or intermediate
transport point, and a lack of clarity on the expected capability of
the person responding to a telephone call. The requirement to include a
``telephone number for additional information'' was originally
introduced in the 15th revised edition of the UN Model Regulations. It
was envisioned that the telephone number would be for the consignor or
other responsible individual who could provide further information
(e.g., appropriate corrective actions should something be wrong with
the package) beyond the minimal information required to be indicated on
the package. At that time, there was minimal hazard communication and
less awareness than is currently provided for in the UN Model
Regulations. The consignor information can now be readily obtained
through other means such as a bill of lading, shipping labels, or other
paperwork thereby rendering the telephone number requirement as a piece
of information on the lithium battery mark effectively redundant. The
resulting consensus based on both the discussion and experience with
transport of small lithium batteries was that the telephone number adds
little value and removing the telephone number requirement from the
mark would not reduce the effectiveness of the mark and therefore, not
impact safety of transportation. Specifically, PHMSA proposes to revise
the lithium battery mark by removing the double asterisk from the
example figure and the corresponding requirement in paragraph
(c)(3)(i)(C) to replace the double asterisk with the telephone number.
PHMSA proposes a transition period authorizing continued use of the
current lithium battery mark until December 31, 2026.
    Section 173.185(c) provides exceptions for smaller cells or
batteries. Paragraph (c)(4) contains provisions for exceptions for
smaller lithium cells and batteries offered by air transportation.
PHMSA proposes to remove the exceptions applicable to small lithium
cells and batteries when they are not packed with, or contained in,
equipment. This change was also implemented on January 1, 2022, by the
International Air Transport Association (IATA) and member airlines will
no longer accept packages of lithium batteries prepared in accordance
with Section II of Packing Instructions 965 and 968 of the ICAO
Technical Instructions. These exceptions in Sec.  173.185(c)(4), had
been developed to facilitate the global transport of small lithium
cells and batteries. However, these exceptions removed many of the
regulatory safeguards that provide for the safe transport of lithium
batteries, including requirements for air operators to perform an
acceptance check, information to be provided to the pilot-in-command,
and package hazard communication. Furthermore, the exceptions for small
lithium cells and batteries limit the ability of air operators to
conduct the necessary safety risk assessments. The reduced hazard
communication also increases the risk of small lithium cells and
battery packages restricted to transport on cargo aircraft only being
inadvertently loaded on a passenger aircraft. This proposed removal of
these exceptions would increase the visibility of these shipments to
operators who could perform an acceptance check to ensure proper
packaging and hazard communication and ensure the information regarding
the number and location of packages containing lithium batteries will
be provided to the pilot-in-command. The proposed changes do not apply
to the exceptions for small lithium cells and batteries packed with, or
contained in, equipment. Specifically, PHMSA proposes to remove the
following provisions:
     Paragraph (c)(4)(i), including Table 1 regarding the
number and net quantity of lithium batteries.
     In paragraph (c)(4)(ii), the first sentence with reference
to (c)(4).
     Paragraph (c)(4)(iii), regarding limitation of one package
per consignment.
     Paragraph (c)(4)(v), regarding offering packages and
overpacks to an

operator separately from cargo not subject to the HMR.
     Paragraph (c)(4)(viii), regarding packing cells and
batteries with other hazardous materials in the same package or
overpack.
    As a consequence, the remaining provisions in paragraph (c)(4)
applicable to lithium cells or batteries packed with, or contained in,
equipment would be reorganized and renumbered. The paragraph (c)(4)
introductory text would be revised to read ``Air Transportation.
Smaller Lithium cell or batteries packed with, or contained in,
equipment.'' Further, consistent with the ICAO Technical Instructions,
paragraph (c)(4)(ii), concerning overpacks, would be revised to add a
packing instruction that when placed into an overpack, packages must be
secured within the overpack, and the intended function of each package
must not be impaired by the overpack. The general provisions for
overpacks in Part 5; 1.1 of the ICAO Technical Instructions require
that packages must be secured within the overpack, and that the
intended function of the package must not be impaired by the overpack.
However, with the current construction of the provisions for small
batteries in Packing Instructions 966, 967, 969, and 970, the general
Part 5 overpack provisions do not apply, which could lead to packages
being unsecured or even damaged by being unrestrained within an
overpack. Therefore, these overpack provisions from Part 5 were added
to the respective packing instructions to ensure protection against
damage of the packages and their contents. These changes are consistent
with the elimination of ``Section II'' from Packing Instructions 965
and 968 in the ICAO Technical Instructions. These proposed amendments
maintain the level of safety (i.e., hazard communication clarifications
and revisions to lithium battery requirements for consistency). All the
proposed amendments are expected to maintain the HMR's high safety
standard. Safety benefits will also be derived from improved compliance
related to consistency amongst domestic and international regulations.
PHMSA solicits comment on the amendments proposed in this NPRM
pertaining to need, benefits and costs; impact on safety and the
environment; impact on environmental justice and equity; and any other
relevant information.
    Section 173.185(c)(5), corresponding to Section IB in ICAO
Technical Instructions Packing Instructions 965 and 968, provides an
exception from specification packing requirements for smaller lithium
cells and batteries, not exceeding the size prescribed in paragraph
(c)(1) and subject to certain quantity limits. PHMSA proposes to revise
the paragraph (c)(5) introductory text to ``Air Transportation. Smaller
lithium cell and batteries.'' Combined with the revision of the (c)(4)
introductory text, this will assist users of this section by
identifying the subparagraphs in paragraph (c) containing additional
air transport provisions for lithium batteries, packed with, or
contained in, equipment, and those only applicable to lithium cells and
batteries. PHMSA proposes to revise paragraph (c)(5) by requiring
packages to be capable of withstanding a three-meter stack test for a
duration of 24 hours. Because lithium cells and batteries offered in
accordance with paragraph (c)(5) (which corresponds with IB of Packing
Instructions 965 and 968 of the ICAO Technical Instructions) are
excepted from the specification package requirements, they are not
presently subject to a stack test. However, the general requirements
for limited quantity packages by air in Sec.  173.27(f)(2)(vi), which
are also excepted from specification packaging requirements, do require
that each package be capable of withstanding a three-meter stack test
for a duration of 24 hours. In considering the packaging standards
between limited quantity packages and those for smaller lithium cells
and batteries, it was agreed by the DGP that packages must be capable
of withstanding a stack test, in parallel with the requirement for
limited quantity packages. PHMSA agrees with introducing a stack test
as a preventative safety measure against potential damage to lithium
battery packages from stacking of packages and proposes to include a
stack test requirement in paragraph (c)(5).
    Lastly, consistent with corresponding revisions to international
standards, PHMSA is proposing editorial revisions in paragraphs (b)(5),
(e)(5), (e)(6), and (e)(7), where references to ``battery assemblies''
are removed and replaced with the phrase ``cells and batteries,'' as
used throughout the section. Paragraph 173.185(a)(1) requires each
lithium cell or battery to be of the type proven to meet the criteria
in part III, sub-section 38.3 of the UN Manual of Tests and Criteria.
The <IP_ADDRESS> definition for ``battery'' states that:

    ``. . . Units that are commonly referred to as ``battery
packs,'' ``modules'' or ``battery assemblies'' having the primary
function of providing a source of power to another piece of
equipment are, for the purposes of the Model Regulations and this
Manual, treated as batteries.''

    Use of ``battery assemblies'' may be a source of confusion, as the
reader may understand it to have a separate meaning from ``battery,''
yet it is not specifically defined in the HMR. Further, based on the
requirement above to comply with the UN Manual of Tests and Criteria
and its associated meaning of ``battery assemblies,'' PHMSA considers
that the use of the term ``battery assemblies'' is redundant with the
term ``battery'' in the context of these transport requirements and
proposes to revise the text to reduce confusion of the provisions in
these paragraphs, regarding applicability to the assembly or to the
cells and batteries contained within an assembly. PHMSA expects that
the proposed changes to Sec.  173.185 will provide clarity, thus
enhancing the safety standard in the HMR for transportation of lithium
batteries.
Section 173.224
    Section 173.224 establishes packaging and control and emergency
temperatures for self-reactive materials. The Self-Reactive Materials
Table in paragraph (b) of this section specifies self-reactive
materials authorized for transportation without first being approved
for transportation by the Associate Administrator for Hazardous
Materials Safety and requirements for transporting these materials. As
a result of new self-reactive materials formulations becoming
commercially available, the 22nd revised edition of the UN Model
Regulations includes updates to the list of specified self-reactive
materials authorized for transportation without prior approval. To
maintain consistency with the UN Model Regulations, PHMSA proposes to
update the Self-Reactive Materials Table by adding a new entry for
``(7-Methoxy-5-methyl-benzothiophen-2-yl) boronic acid''. PHMSA also
proposes to correct the name of one of the listed self-reactive
substances on the self-reactive substances table. Currently, ``2-(N,N-
Methylaminoethylcarbonyl)-4-(3,4-dimethyl-phenylsulphonyl)benzene
diazonium zinc chloride'' is listed, however this formulation name
should be ``2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-
dimethylphenylsulphonyl)benzenediazonium hydrogen sulphate''. While
reviewing the self-reactive table in the UN Model Regulations and ICAO
Technical Instructions, PHMSA discovered that ``2-(N,N-
Methylaminoethylcarbonyl)-4-(3,4-dimethyl-phenylsulphonyl)benzene
diazonium zinc chloride'' does not appear in any other international
regulations but that ``2-(N,N-

Methylaminoethylcarbonyl)-4-(3,4-
dimethylphenylsulphonyl)benzenediazonium hydrogen sulphate'' does and
includes identical packaging provisions. PHMSA does not believe that
there is any formulation called ``2-(N,N-Methylaminoethylcarbonyl)-4-
(3,4-dimethyl-phenylsulphonyl)benzene diazonium zinc chloride'' that
exists and that this entry as it appears is the result of an editorial
error in which two individual formulation names were inadvertently
combined. Therefore, PHMSA proposes to correct the name associated with
this formulation by removing the suffix ``benzene diazonium zinc
chloride'' and replacing it with ``benzenediazonium hydrogen
sulphate.'' PHMSA requests comment regarding this change, specifically
regarding whether the deletion of ``2-(N,N-Methylaminoethylcarbonyl)-4-
(3,4-dimethyl-phenylsulphonyl)benzene diazonium zinc chloride'' should
be reconsidered.
    In addition, PHMSA proposes assigning a new ``Note 6'' to this
entry among the list of notes following the table. ``Note 6'' would
provide concentration limits of water and organic impurities for this
new self-reactive material. PHMSA expects that adding provisions for
the transport of (7-Methoxy-5-methyl-benzothiophen-2-yl) boronic acid
formulations will facilitate its transport while maintaining the HMR's
safe standard for transportation of self-reactive hazardous materials.
    PHMSA also proposes to revise Sec.  173.224(b)(4). In a previous
final rule, HM-215O, PHMSA revised Sec.  173.224 to authorize self-
reactive materials to be transported and packed in accordance with
packing method OP8 where transport in IBCs or portable tanks is
permitted in accordance with Sec.  173.225, provided that the control
and emergency temperatures specified in the instructions are complied
with. This change allowed materials that are authorized in bulk
packagings to also be transported in appropriate non-bulk packagings.
PHMSA proposes to make an editorial correction to a reference to the
formulations listed in Sec.  173.225. In the course of adding this
provision, PHMSA incorrectly directed users to the Organic Peroxide IBC
Table by referencing 173.225(f) however the table is found in
173.225(e); therefore, PHSMA proposes to correct that sentence to refer
to 173.225(e).
Section 173.225
    Section 173.225 prescribes packaging requirements and other
provisions for organic peroxides. As a result of new peroxide
formulations becoming commercially available, the 22nd revised edition
of the UN Model Regulations includes updates to the list of identified
organic peroxides, which provides for formulations of these materials
that are authorized for transportation without prior approval. To
maintain consistency with the UN Model Regulations, PHMSA proposes to
update the Organic Peroxide Table in Sec.  173.225(c) by adding new
entries for ``tert-Butylperoxy isopropylcarbonate,'' ``tert-hexyl
peroxypivalate,'' and ``acetyl acetone peroxide,'' and identifying them
as ``UN3105, Organic peroxide type D, liquid''; ``UN3117, Organic
peroxide type E, liquid, temperature controlled''; and ``UN3107,
Organic peroxide type E, liquid,'' respectively. Additionally, PHMSA
proposes to add a ``Note 32'' following the table, in association with
the new entry for ``acetyl acetone peroxide,'' to indicate that the
active oxygen concentration for this formulation is limited to
concentrations of 4.15% active oxygen or less. PHMSA also proposes to
revise the Organic Peroxide Portable Tank Table in paragraph (g) to
maintain alignment with the 22nd revised edition of UN Model
Regulations by adding new formulation ``tert-Butyl hydroperoxide, not
more than 56% with diluent type B,'' identified by ``UN3109, Organic
peroxide type F, liquid.'' This amendment would also include the
addition of ``Note 2'' following the table to specify that diluent type
B is tert-Butyl alcohol. PHMSA expects that adding provisions for the
transport of these newly available peroxide formulations will
facilitate transportation of these materials, while maintaining the
HMR's safety standard for transportation of organic peroxide hazardous
materials.
Section 173.232
    Section 173.232 outlines the packaging requirements for articles
containing hazardous materials. For the purposes of this section, an
``article'' means machinery, apparatus, or other device that contains
one or more hazardous materials--or residues thereof--that are an
integral element of the article, necessary for its functioning, and
that cannot be removed for the purpose of transport. Currently, these
articles are forbidden from transport on passenger and cargo aircraft,
as specified in column (9) of the HMT. However, the 2023-2024 ICAO
Technical Instructions include new provisions permitting the transport
of certain articles containing hazardous materials aboard passenger and
cargo aircraft. These new provisions allow articles described and
classified as ``UN3548, Articles containing miscellaneous dangerous
goods, n.o.s., 9'' or ``UN 3538, Articles containing non-flammable,
non-toxic gas, n.o.s., 2.2'' to be transported by cargo and passenger
aircraft under certain conditions. PHMSA proposes to make changes
consistent with those provisions by adding two new packaging provisions
in Sec.  173.232, in addition to the new special provisions A224 and
A225 discussed above in Section-by-Section Review of NPRM Proposals for
Sec.  172.102. Specifically, PHMSA proposes to specify in paragraph (h)
that air transport is permitted for UN3548 articles containing less
than 5 L or 5 kg of environmentally hazardous substances when all other
conditions of Sec.  173.232 are met. In a new paragraph (i), the same
requirements are proposed for articles transported under UN3538, which:
(1) do not have an existing proper shipping name; (2) contain only
gases of Division 2.2 without a subsidiary hazard, except for
refrigerated liquefied gases and other gases that are forbidden for
transport on passenger aircraft, where the quantity of the Division 2.2
gas exceeds the quantity limits for UN 3363, as prescribed in Sec.
173.222; (3) the quantity of gas in the article does not exceed 75 kg
when transported by passenger aircraft or 150 kg when transported by
cargo aircraft; and (4) gas containing receptacles within the article
must meet the requirements of Part 173 and Part 175, as appropriate.,
or meet a national or regionally recognized pressure receptacle
standard.
    Additionally, both packaging provisions would also permit the
transport of these articles, containing lithium cells or batteries,
provided that the batteries meet the requirements specified in Sec.
173.185. The aim of these new provisions is to facilitate the transport
of large articles containing environmentally hazardous substances, such
as aircraft landing gear struts filled with hydraulic fluid and large
articles containing a non-flammable, non-toxic gas, such as new types
of magnetic resonance imaging (MRI) scanners, which often contain
compressed helium, as well as lithium cells or batteries. As a
participant on the Dangerous Goods Panel, PHMSA expects that the
proposed packaging provisions provide an appropriate level of safety to
allow these items to be transported by air and are appropriate for
incorporation in the HMR.
Section 173.301b
    Section 173.301b outlines additional general requirements when
shipping gases in UN pressure receptacles (e.g., cylinders). The 22nd
revised edition of

the UN Model Regulations updated references of several authorized
standards for ensuring proper valve protection. In order to maintain
the current safety standard of the HMR for valve protection and
harmonization with the requirements for UN pressure receptacles, PHMSA
proposes to also update these references. Currently, paragraph (c)(1)
requires that quick release cylinder valves for specification and type
testing must conform to the requirements in ISO 17871:2015(E), ``Gas
cylinders--Quick-release cylinder valves--Specification and type
testing.'' ISO 17871, in conjunction with ISO 10297 and ISO 14246,
specifies design, type testing, marking, manufacturing tests, and
examination requirements for quick-release cylinder valves, intended to
be fitted to refillable transportable gas cylinders and pressure drums
and tubes used to transport compressed or liquefied gases or
extinguishing agents charged with compressed gases to be used for fire-
extinguishing, explosion protection, and rescue applications. As part
of its regular review of its standards, ISO updated and published the
second edition of ISO 17871 as ISO 17871:2020(E). PHMSA proposes to
revise the valve requirements in this paragraph to require quick
release cylinder valves for specification and type testing to conform
to ISO 17871:2020(E). After December 31, 2026, conformance with ISO
17871:2015(E) will no longer be authorized in the UN Model Regulations;
therefore, for consistency, PHMSA also proposes to add a phaseout date
of December 31, 2026, for continued conformance with ISO 17871:2015(E).
The second edition of this standard broadens the scope to include quick
release valves for pressure drums and tubes and specifically excludes
the use of quick-release valves with flammable gases. Other notable
changes include the addition of the valve burst test pressure, the
deletion of the flame impingement test, and the deletion of the
internal leak tightness test at -40 [deg]C for quick-release cylinder
valves, used only for fixed firefighting systems installed in
buildings. PHMSA expects that updating the requirements for conformance
of UN pressure receptacles with this document will maintain the HMR
safety standard for these packagings and facilitate compliance with
valve requirements domestically and internationally by aligning the HMR
with changes adopted in the 22nd revised edition of the UN Model
Regulations. PHMSA reviewed this edition as part of its regular
participation in the review of amendments proposed for the UN Model
Regulations.
    PHMSA also proposes to revise paragraph (c)(2), which requires UN
pressure receptacles to have their valves protected from damage to
prevent unintentional release of the contents of the receptacles.
Various methods on how to achieve damage protection are provided,
including equipping the container with a valve cap or guard that
conforms to ISO 11117:2008, ``Gas cylinders--Valve protection caps and
guards--Design, construction and tests'' and the Technical Corrigendum
1, a complementary document to the standard. As part of its regular
review of its existing standards, in 2019, ISO published an updated
version of this standard, 11117:2019, which was adopted in the 22nd
revised edition of the UN Model Regulations as a permitted conformance
standard for valve protection. This document updates the 2008 version,
currently authorized in paragraphs (c)(2)(ii) and (c)(2)(iii). In
accordance with the UN Model Regulations, PHMSA also proposes to
authorize the continued use of ISO 11117:2008, in conjunction with the
Technical Corrigendum, until December 31, 2026. Similarly, for metal
hydride storage systems, damage protection of the valve must be
provided in accordance with ISO 16111:2008, ``Transportable gas storage
devices--Hydrogen absorbed in reversible metal hydride.'' As part of
its regular review of its existing standards, in 2018, ISO published an
updated version of this standard, which was adopted in the 22nd revised
edition of the UN Model Regulations as a permitted conformance standard
for valve protection. Therefore, to maintain alignment with the UN
Model Regulations' requirements for UN metal hydride storage systems,
PHMSA proposes to update the required standard for protection of valves
to ISO 16111:2018 and include a phaseout date of December 31, 2026, for
continued use of valve guards conforming to valve protection standards
in ISO 16111:2008. PHMSA has reviewed the updated ISO standards as part
of its regular participation in the review of amendments proposed for
the UN Model Regulations and has determined use of the update ISO 16111
will maintain the HMR safety standard for protection of valves used in
UN metal hydride storage systems.
    Paragraph (d) requires that when the use of a valve is prescribed,
the valve must conform to the requirements in ISO 11118:2015(E), ``Gas
cylinders--Non-refillable metallic gas cylinders--Specification and
test methods.'' ISO 11118:2015 specifies minimum requirements for the
material, design, inspections, construction and workmanship,
manufacturing processes, and tests at manufacture of non-refillable
metallic gas cylinders of welded, brazed, or seamless construction for
compressed and liquefied gases including the requirements for their
non-refillable sealing devices and their methods of testing. For
consistency with the UN Model Regulations, PHMSA proposes to revise the
valve conformance requirements to include a reference to the 2019
amendment of ISO 11118, specifically, ISO 11118:2015/Amd 1:2019, which
ISO published as a supplement to ISO 11118:2015(E). This supplement
corrects the references and numerous typographical errors. The
amendment also includes updates to the marking requirements in the
normative Annex A, which includes clarifications, corrections, and new
testing requirements. Additionally, paragraph (d) currently indicates
that the manufacture of valves to ISO 13340:2001(E) is authorized until
December 31, 2020. Since this date has passed, PHMSA proposes to remove
reference to this expired authorization.
    Updating references to these documents would align the HMR with
changes adopted in the 22nd revised edition of the UN Model Regulations
pertaining to the design and construction of UN pressure drums. PHMSA
has reviewed this edition as part of its regular participation in the
review of amendments proposed for the UN Model Regulations and does not
expect any degradation of safety standards in association with its use.
    Lastly, paragraph (f) of this section requires that for the
transportation of hydrogen bearing gases, a steel UN pressure
receptacle bearing an ``H'' mark must be used. The ``H'' marking
indicates that the receptacle is compatible with hydrogen embrittling
gases. However, some hydrogen bearing gases may also be transported in
composite pressure receptacles with steel liners as provided in Sec.
173.311. Therefore, PHMSA proposes to amend Sec.  173.301b(f) to
clarify that these compatibility provisions apply to steel UN cylinders
as well as composite pressure receptacles that include steel liners.
PHMSA expects that this amendment will add an additional level of
safety by ensuring that suitability of materials is considered when
shippers opt to use composite cylinders for the transport of hydrogen
bearing gases.
Section 173.302c
    Section 173.302c outlines additional requirements for the shipment
of

adsorbed gases in UN pressure receptacles. Currently paragraph (k)
requires that filling of UN pressure receptacles with adsorbed gases be
performed in accordance with Annex A of ISO 11513:2011, ``Gas
cylinders--Refillable welded steel cylinders containing materials for
sub-atmospheric gas packaging (excluding acetylene)--Design,
construction, testing, use and periodic inspection.'' As part of its
periodic review and updates of standards, ISO has developed an updated
second edition (published in 2019). The updated ISO 11513 standard was
adopted in the 22nd revised edition of the UN Model Regulations for use
for cylinders filled with adsorbed gases. Similarly, PHMSA proposes to
require use of Annex A of ISO 11513:2019. Specifically, this amendment
would require the use of the 2019 standard and provide a phaseout date
for continued use of the ISO 11513:2011 until December 31, 2024.
Updating references to this document would align the HMR with changes
adopted in the 22nd revised edition of the UN Model Regulations
pertaining to the shipment of adsorbed gases in UN pressure
receptacles. PHMSA has reviewed this edition as part of its regular
participation in the review of amendments proposed for the UN Model
Regulations and does not expect any degradation of safety standards in
association with its use.
Section 173.311
    Section 173.311 specifies requirements for transportable UN metal
hydride storage systems (UN3468) that are comprised of pressure
receptacles not exceeding 150 L (40 gallons) in water capacity and
having a maximum developed pressure not exceeding 25 MPa (145 psi).
Currently, the HMR requires that these metal hydride storage systems be
designed, constructed, initially inspected, and tested in accordance
with ISO 16111:2008, ``Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride.'' However, the 22nd revised
edition of the UN Model Regulations updated references to this standard
to authorize the use of the updated 2018 version of ISO 16111, while
allowing the 2008 version to remain authorized for use until December
31, 2026. Therefore, for consistency with the requirements for UN metal
hydride storage systems, PHMSA proposes to adopt changes made in the
22nd revised edition of the UN Model Regulations to authorize the use
of ISO 16111:2018 and add a phaseout date of December 31, 2026, for
continued use of ISO 16111:2008. PHMSA has reviewed this edition as
part of its regular participation in the review of amendments proposed
for the UN Model Regulations and has determined the updated edition of
ISO 16111 will maintain the HMR safety standards for the design,
construction, initial inspection, and testing of UN metal hydride
storage systems.

D. Part 175

Section 175.1
    Section 175.1 outlines the purpose, scope, and applicability of the
Part 175 requirements for the transport of hazardous materials by
aircraft. Specifically, these requirements are in addition to other
requirements contained in the HMR. The aircraft-level risk presented by
hazardous materials depends on factors, such as the total quantity and
type, potential interactions, and existing risk mitigation measures.
When accepting hazardous materials for transportation by aircraft,
aircraft operators (i.e., air carriers) must also comply with Federal
Aviation Administration (FAA) Safety Management System (SMS)
requirements in 14 CFR part 5--Safety Management Systems, that impacts
how operators comply with requirements of the HMR.
    PHMSA proposes to add a new paragraph (e) to the HMR that includes
a reference that directs operators to the FAA's requirements to have an
SMS in place, in accordance with 14 CFR part 121. Safety risk
management is the process within the SMS composed of describing the
system, identifying the hazards, and analyzing, assessing, and
controlling risk. According to 14 CFR part 5, certain aircraft
operators are certificated, in accordance with 14 CFR part 121, to the
appropriate SMS requirements and a note referencing guidance for
performing a safety risk assessment. This action will not introduce new
regulatory burden, as these SMS requirements have been in place for
several years. However, PHMSA expects that adding a reference to these
requirements in the HMR will provide additional clarity for aircraft
operators, with respect to the applicability of SMS to the acceptance
and transport of hazardous materials at the aircraft level. Finally,
PHMSA notes that FAA Advisory Circular (AC) 120-121 \23\ provides
information relating to the risk assessments and potential mitigation
strategies to items in the aircraft cargo compartment. When using this
document, aircraft operators should refer to requisite ICAO documents,
check the FAA websites for additional information on cargo safety and
mitigations relating to fire events, and consider safety enhancements
developed and promoted by industry groups.
---------------------------------------------------------------------------

    \23\ https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_120-121.pdf.
---------------------------------------------------------------------------

Section 175.10
    Section 175.10 specifies the conditions under which passengers,
crew members, or an operator may carry hazardous materials aboard an
aircraft. Consistent with revisions to the ICAO Technical Instructions,
PHMSA proposes revisions in paragraphs (a)(15) and (a)(17) applicable
to the carriage of wheelchairs or other mobility aids powered by
batteries. Specifically, in paragraphs (a)(15)(v), (a)(15)(vi) and
(a)(17)(v), which currently require that the battery be securely
attached to the wheelchair or mobility aid or be removed and packed
appropriately, PHMSA proposes to add the supplemental requirements that
the battery is adequately protected against damage by the design of the
wheelchair or mobility aid. The proposed revisions will enhance the
safe carriage of these battery-powered items aboard passenger aircraft
by requiring combined measures of protection against damage and
securement of batteries or otherwise removed and packed appropriately.
Furthermore, the proposed revisions will assist passengers traveling
with battery-powered wheelchairs or mobility aids by providing better
clarity on the required safety measures. Additionally, PHMSA proposes
to revise introductory text to paragraphs (a)(14) and (a)(26) to
specifically state that each lithium battery must be of a type which
meets the requirements of UN Manual of Tests and Criteria, Part III,
Subsection 38.3. Currently this requirement is outlined in every other
subparagraph under paragraph (a) pertaining to lithium batteries but
was inadvertently omitted in prior rulemakings for paragraphs (a)(14)
and (a)(26). Therefore, for clarity and consistency with the ICAO
Technical Instructions, PHMSA proposes this editorial change, and
expects that it will improve safety by ensuring that it is understood
that all batteries transported under the provisions of that paragraph
are subject to UN testing.
    PHMSA also proposes to revise paragraph (a)(18) regarding the
carriage of portable electronic devices (e.g., watches, cell phones,
etc.). Currently, the HMR allows these devices to be carried both in
carry-on baggage and checked baggage. However, this paragraph
stipulates that for lithium battery-powered devices carried in

checked baggage, the devices must be completely switched off (i.e., not
in sleep or hibernation mode). The requirement to turn off battery
powered devices was added in the ICAO Technical Instructions and the
HMR as a result of temporary security restrictions that prohibited the
carriage of large portable electronic devices in the cabin on certain
flights. In addition to the restriction of electronic devices in the
aircraft cabin, a requirement to turn off all devices powered by
lithium batteries when placed in checked baggage was added to prevent
risks from overheating in those devices that might remain active when
not powered off (e.g., laptops). This requirement to turn devices off
was applied to all devices powered by batteries or cells, regardless of
their size and level of risk, primarily to simplify the regulations and
facilitate its implementation. However, in light of the need for
passengers to carry active devices powered by small cells in checked
baggage (e.g., small tracking devices), PHMSA proposes to provide some
conditional relief from this requirement for passengers and crew by
applying the provision to switch off the device to only those devices
powered by lithium metal batteries exceeding 0.3 grams lithium content
or lithium ion batteries exceeding 2.7 Wh. This is consistent with
paragraph (a)(26) which allows baggage equipped with lithium batteries
to be carried as checked baggage if the batteries do not exceed 0.3
grams of lithium content or 2.7 Wh, respectively. Based on similar
battery size criteria in paragraph (a)(26), PHMSA does not expect a
reduction in safety of transporting lithium battery-powered devices
aboard passenger aircraft under the proposed exception. Moreover, small
lithium battery-powered devices are not known or expected to create
heat in the same manner as portable electronic devices powered by much
larger batteries. PHMSA expects that this amendment will avoid
unnecessary operational challenges for States, operators, and the
travelling public without compromising safety.
    Additionally, PHMSA proposes to add clarification in paragraph (a)
that the most appropriate exception from this section shall be selected
when hazardous materials are carried by aircraft passengers or
crewmembers. For example, paragraph (a)(19) specifies conditions for
battery-powered smoking devices such that a person cannot opt to follow
the more generalized portable electronic device conditions of paragraph
(a)(18). PHMSA expects that this clarification will support the safe
transport of excepted hazardous materials by ensuring that they will be
transported in a manner that is most appropriate for the hazard they
may pose.
    Finally, PHMSA proposes to make a clarifying amendment to paragraph
(a)(26) regarding baggage equipped with lithium batteries. Oftentimes,
the baggage has built-in features that cannot be turned off and the
intent of paragraph (a)(26) is the devices are not required to be
turned off when the baggage is checked. Therefore, PHMSA proposes to
clarify paragraph (a)(26) to state plainly that, under the conditions
allowing baggage to be checked without removing the batteries,
electronic features of the baggage do not have to be switched off.
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. Consistent with the proposed removal of the
exceptions applicable to small lithium cells and batteries, as
discussed in the Section-by-Section Review discussion of changes in
Sec.  173.185(c), PHMSA proposes to revise paragraph (a)(13)(iii) to
remove reference to UN3480, lithium ion batteries and UN3090 lithium
metal batteries. Currently, paragraph (a)(13)(iii) conditionally
excepts certain lithium batteries \24\ that are prepared in accordance
with the paragraph Sec.  173.185(c) exceptions for smaller cells and
batteries from the requirement to be included with the information to
be provided to the pilot-in-command. Since smaller lithium cells and
batteries that are not packed with or contained in equipment are no
longer provided relief from hazard communication requirements, such as
shipping papers, PHMSA proposes a conforming change to this section to
also require the inclusion of lithium cells and batteries as part of
the information provided to the pilot-in-command. This revision will
maintain the HMR standard of hazard communication for transportation of
lithium cells and batteries by air.
---------------------------------------------------------------------------

    \24\ UN3480, Lithium ion batteries, UN3481, Lithium ion
batteries, contained in equipment, UN3090, Lithium metal battery
including lithium alloy batteries, and UN3091, Lithium metal
batteries packed with/contained in equipment.
---------------------------------------------------------------------------

E. Part 178

Section 178.37
    Section 178.37 outlines the construction requirements for DOT
specification 3AA and 3AAX seamless steel cylinders. As summarized in
the Section IV. Section-by-Section Review discussion of changes to
Sec.  171.7, PHMSA proposes to incorporate by reference the revised
third edition (published in 2019) of ISO 9809-1, ``Gas cylinders--
Design, construction and testing of refillable seamless steel gas
cylinders and tubes--Part 1: Quenched and tempered steel cylinders and
tubes with tensile strength less than 1100 Mpa.'' Currently, ISO 9809-1
is referenced in Sec.  178.37 as an approved methodology by which to
perform bend tests, instead of the required flattening test specified
in paragraph (j). As currently written, paragraph (j) does not specify
which edition is authorized, yet multiple editions are incorporated by
reference in Sec.  171.7. PHMSA aims to make the requirement clearer by
proposing to authorize use of the most current version of ISO 9809-1
only. PHMSA reviewed the 2019 version and concludes that the bend test
provisions in the standard remain a suitable alternative for the
flattening test provisions of paragraph (j). This clarification will
improve compliance with the appropriate version of ISO 9809-1 and
ensure an appropriate level of safety.
Section 178.71
    Section 178.71 prescribes specifications for UN pressure
receptacles. Several updates to referenced standards pertaining to the
design, construction, and maintenance of UN pressure receptacles were
added in the 22nd revised edition of the UN Model Regulations. To
maintain consistency with the UN Model Regulations, PHMSA proposes
similar updates to those ISO standards incorporated by reference in
this section.
    Paragraph (f) outlines required conformance to ISO design and
construction standards, as applicable, for UN refillable welded
cylinders and UN pressure drums in addition to the general requirements
of the section. ISO 21172-1:2015, ``Gas cylinders--Welded steel
pressure drums up to 3,000 litres capacity for the transport of gases--
Design and constructionmdash;Part 1: Capacities up to 1,000 litres'' is
currently included in paragraph (f)(4) and specifies the minimum
requirements for the material, design, fabrication, construction and
workmanship, inspection, and testing at manufacture of refillable
welded steel pressure drums of volumes up to 1,000 L (264 gallons). The
22nd revised edition of the UN Model Regulations includes an amendment
to ISO 21172:2015--ISO 21172-1:2015/Amd1:2018, ``Gas cylinders--Welded

steel pressure drums up to 3,000 litres capacity for the transport of
gases--Design and construction--Part 1: Capacities up to 1,000 litres--
Amendment 1.'' ISO 21172-1:2015/Amd1:2018 is a short supplemental
amendment to be used in conjunction with ISO 21172-1:2015. It removes
the restriction on use of UN pressure drums for transportation of
corrosive materials. In addition to adding a reference for use of this
supplemental document, the UN Model Regulations added a phase out date
of manufacture of December 31, 2026, until which ISO 21172-1:2015 UN
pressure drums may continue to be manufactured without the supplement.
Similarly, PHMSA proposes to require conformance of UN pressure drums
with ISO 21172 used in combination with the supplemental amendment, and
adding a phaseout date of December 31, 2026, for continued manufacture
of UN pressure drums in conformance with ISO 21172-1:2015 without the
supplemental amendment.
    Additionally, PHMSA proposes to revise paragraphs (g), (k), and (n)
which outline the design and construction requirements for UN
refillable seamless steel cylinders, UN acetylene cylinders, and UN
cylinders for the transportation of adsorbed gases, respectively.
Currently this section requires that these UN cylinders conform to the
second edition (published in 2010) of one or more of following ISO
standards:
    (1) 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 1,100 MPa.'';
    (2) ISO 9809-2, ``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
1,100 MPa.''.
    (3) ISO 9809-3, ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders.''
    This series of ISO standards specifies minimum requirements for the
material, design, construction and workmanship, manufacturing
processes, examination, and testing at time of manufacture for
refillable seamless steel gas cylinders and tubes with water capacities
up to and including 450 L (119 gallons). PHMSA proposes to modify the
design and construction requirements for UN cylinders by authorizing
the use of the revised third edition of ISO 9809, Parts 1 through 3.
Additionally, PHMSA proposes to add a phaseout date of December 31,
2026, for continued design, construction, and testing of UN cylinders
conforming to the second edition. Finally, PHMSA proposes to remove
reference to the first edition of these standards as the authorized
date (December 31, 2018) for continued manufacture in accordance with
this edition has expired. PHMSA has reviewed these updated standards as
part of its regular participation in the review of amendments proposed
for the UN Model Regulations and expects their required use will
maintain the HMR safety standard for manufacture of UN cylinders.
    Paragraph (i) outlines required conformance to ISO design and
construction standards for UN non-refillable metal cylinders. PHMSA
proposes to remove reference to ISO 11118:1999 and add a reference to a
supplemental amendment, ISO 11118:2015/Amd 1:2019. Current paragraph
(i) requires, in addition to the general requirements of the section,
conformance with ISO 11118:2015, ``Gas cylinders--Non-refillable
metallic gas cylinders--Specification and test methods.'' ISO
11118:2015 specifies minimum requirements for the material, design,
inspections, construction, workmanship, manufacturing processes, and
tests for manufacture of non-refillable metallic gas cylinders of
welded, brazed, or seamless construction for compressed and liquefied
gases including the requirements for their non-refillable sealing
devices and their methods of testing. PHMSA proposes to revise the
valve conformance requirements to include a reference to the 2019
supplemental amendment (ISO 11118:2015/Amd 1:2019), which ISO published
to be used in conjunction with an ISO 11118:2015. Additionally, PHMSA
proposes to add an end date of December 31, 2026, to the authorization
to use ISO 11118:2015 when not used in conjunction with the
supplemental 2019 amendment, ISO 11118:2015 +Amd.1:2019. This
supplemental amendment corrects the identity of referenced clauses and
corrects numerous typographical errors. PHMSA has reviewed this
supplemental amendment as part of its regular participation in the
review of amendments proposed for the UN Model Regulations and does not
expect any degradation of safety standards in association with the use
of these two documents.
    Paragraph (m) outlines required conformance to ISO standards for
the design and construction requirements of UN metal hydride storage
systems. Currently this paragraph requires that metal hydride storage
systems conform to ISO 16111:2008, ``Transportable gas storage
devices--Hydrogen absorbed in reversible metal hydride,'' in addition
to the general requirements of this section. As part of its regular
review of its existing standards, in 2018 ISO published an updated
version of this standard, which was adopted in the 22nd revised edition
of the UN Model Regulations. In addition to permitting construction in
accordance with ISO 16111:2018, the 22nd revised edition of the UN
Model Regulations added a December 31, 2026, phaseout date for the
continued construction of UN metal hydride storage systems conforming
to ISO 16111:2008. Therefore, to maintain alignment with the UN Model
Regulations, PHMSA proposes to add the same phaseout date of December
31, 2026.
    Paragraph (n) prescribes the design and construction requirements
for UN cylinders for the transportation of adsorbed gases. In addition
to updating reference for required conformance with ISO 9809-1:2019 as
discussed above, PHMSA also proposes to require conformance to an
updated version of ISO 11513, ``Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene)--Design, construction, testing, use and periodic
inspection.'' ISO 11513 specifies minimum requirements for the
material, design, construction, workmanship, examination and testing at
manufacture of refillable welded steel cylinders for the sub-
atmospheric pressure storage of liquefied and compressed gases. The
second edition has updated packing instructions and allows the use of
ultrasonic testing as a nondestructive method for inspection of the
cylinders. Currently the HMR require that UN cylinders that are used
for the transportation of adsorbed gases conform to either ISO 9809-
1:2010 or ISO 11513:2011. PHMSA proposes to require conformance with
the updated ISO 11513:2019 in addition to the option of the updated ISO
9809-1:2019 edition. PHMSA also proposes to add a phaseout date of
December 31, 2026, to allow UN cylinders to continue to be built in
conformance with ISO 11513:2011.
    Updating reference to this standard would align the HMR with
changes adopted in the 22nd revised edition of the UN Model
Regulations, pertaining to the design and construction of UN cylinders
used for the transportation of adsorbed gases. PHMSA has reviewed this
edition as part of its regular participation in the review of
amendments proposed for the UN Model Regulations and expects that the
required use will maintain the HMR

safety standard for the manufacture of UN cylinders.
Section 178.75
    Section 178.75 prescribes specifications for multiple-element gas
containers (MEGCs), which are assemblies of UN cylinders, tubes, or
bundles of cylinders interconnected by a manifold and assembled within
a framework. PHMSA proposes to revise paragraph (d)(3) which outlines
the general design and construction requirements for MEGCs. Currently
this paragraph requires that each pressure receptacle of a MEGC be of
the same design type, seamless steel, and constructed and tested
according to one of five ISO standards including the second editions
of:
    (1) ISO 9809-1 ``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.'';
    (2) ISO 9809-2, ``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.''; and
    (3) ISO 9809-3, ``Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders.''
    This series of ISO standards specify minimum requirements for the
material, design, construction, workmanship, manufacturing processes,
examination, and testing at time of manufacture for refillable seamless
steel gas cylinders and tubes with water capacities up to and including
450 L (119 gallons). The standards were updated and revised, as
discussed in the Section IV. Section-by-Section Review discussion of
Sec.  171.7 changes. PHMSA proposes to authorize the use of the third
edition of ISO 9809, Parts 1 through 3, and to add a phaseout date of
December 31, 2026, for continued manufacture of pressure receptacles
using the second edition. Finally, PHMSA proposes to remove reference
to the first edition of these standards, as the authorization date
(December 31, 2018) for continued manufacture in accordance with this
edition has expired. Authorizing the use of these updated references to
this document would align the HMR with changes adopted in the 22nd
revised edition of the UN Model Regulations, pertaining to the design
and construction of pressure vessels, including MEGCs, while
maintaining the HMR safety standard for use of MEGCs.
Section 178.609
    Section 178.609 provides test requirements for packagings intended
for transport of infectious substances. PHMSA proposes an editorial
change in paragraph (d) to clarify the drop testing requirements for
these packagings. In rule HM-215P,\25\ PHMSA made editorial changes in
paragraph (g) to clarify the performance requirements for packagings
intended to also contain dry ice consistent with changes to the 21st
revised edition of UN Model Regulations. However, some additional
editorial changes regarding the drop test requirements for these
packagings were later added to the UN Model Regulations that were not
reflected in HM-215P. Therefore, in this NPRM, PHMSA proposes to make
additional editorial corrections to this section pertaining to the drop
test requirements in paragraph (d). Currently, paragraph (d)(2) states
that where the samples are in the shape of a drum, three samples must
be dropped, in three different orientations. However, during the course
of the finalization of these changes in the UN Model Regulations, an
additional precision was made regarding the word ``chime,'' which was
removed from these testing requirements and replaced with the word
``edge.'' The wording was changed so as not to specify which direction
the package should be dropped. PHMSA does not consider this change to
be technical, but editorial, with the intent of conveying the testing
protocol, as it was designed, more clearly. For that reason, PHMSA
expects this change to maintain the current level of safety for
packagings intended to contain infectious substances. This change would
simply result in a packaging being tested in line with the design of
the original packaging test method.
---------------------------------------------------------------------------

    \25\ 87 FR 44944 (July 26, 2022).
---------------------------------------------------------------------------

Section 178.706
    Section 178.706 prescribes construction standards for rigid plastic
IBCs. PHMSA proposes to revise paragraph (c)(3) to allow the use of
recycled plastic (i.e., used material) in the construction of rigid
plastic IBCs with the approval of the Associate Administrator
consistent with a similar change adopted in the 22nd revised edition of
the UN Model Regulations and international standards. PHMSA proposes
including a slight variation from the international provision by
requiring prior approval by the Associate Administrator for use of
recycled plastics in the construction of rigid plastic IBCs. This
approach is consistent with current requirements for the construction
of plastic drums and jerricans in Sec.  178.509(b)(1) that restrict use
of ``used material'' unless approved by the Associate Administrator.
The UN Model Regulations incorporate quality assurance program
requirements that require recognition by a governing body. By requiring
approval of the Associate Administrator, PHMSA is able to maintain
oversight of procedures, such as batch testing, that manufacturers will
use to ensure the quality of recycled plastics used in the construction
of rigid plastic IBCs. This proposed action will facilitate
environmentally friendly processes in the construction of rigid plastic
IBCs while maintaining the high safety standards in the production of
these packagings for use in transportation of hazardous materials.
Section 178.707
    Section 178.707 prescribes construction standards for composite
IBCs. PHMSA proposes to revise paragraph (c)(3)(iii) to allow the use
of recycled plastic (i.e., used material) in the construction of inner
receptacles of composite IBCs, with the approval of the Associate
Administrator, consistent with a similar change adopted in the 22nd
revised edition of the UN Model Regulations and the model international
standards. PHMSA is including a slight variation from the international
provision by requiring prior approval by the Associate Administrator to
use recycled plastics in the construction of inner plastic receptacles
of composite IBCs. This approach is consistent with current
requirements for construction of plastic drums and jerricans in Sec.
[thinsp]178.509(b)(1), which restrict use of ``used material,'' unless
approved by the Associate Administrator. The UN Model Regulations
incorporate quality assurance program requirements that require
recognition by a governing body. By requiring approval of the Associate
Administrator, PHMSA is able to maintain oversight of procedures, such
as batch testing, that manufacturers will use to ensure the quality of
recycled plastics used in the construction of inner plastic receptacles
of composite IBCs. This proposed action will facilitate environmentally
friendly processes in the construction of composite IBCs while
maintaining the high safety standards in the production of these
packagings for use in transportation of hazardous materials.

F. Part 180

Section 180.207
    Section 180.207 outlines the requirements for requalification of UN

pressure receptacles. The 22nd revised edition of the UN Model
Regulations includes numerous updates to referenced standards for
inspection and maintenance of UN pressure receptacles. PHMSA proposes
similar amendments in the HMR to maintain consistency with the UN Model
Regulations. To that end, PHMSA proposes to revise paragraph (d), which
specifies the requalification procedures and conformance standards for
specific procedures. Specifically, paragraph (d)(3) currently requires
that dissolved acetylene UN cylinders be requalified in accordance with
ISO 10462:2013, ``Gas cylinders--Acetylene cylinders--Periodic
inspection and maintenance. ISO 10462:2013 specifies requirements for
the periodic inspection and maintenance of acetylene cylinders. It
applies to acetylene cylinders with and without solvent and with a
maximum nominal water capacity of 150 L. As part of a periodic review
of its standards, the ISO reviewed this standard, and in June 2019
published a short supplemental amendment, ISO 10462:2013/Amd 1:2019.
The supplemental document provides amendments that simplify the marking
of rejected cylinders to render them unserviceable. This supplemental
document is intended for use in conjunction with ISO 10462:2013 for the
periodic inspection and maintenance of dissolved acetylene UN
cylinders. As such, PHMSA proposes to add a reference to ISO
10462:2013/Amd 1:2019 in Sec.  180.207(d)(3) where ISO 10462:2013 is
currently required, and add a phaseout date of December 31, 2024, for
authorized use of ISO 10462:2013 without the supplemental amendment.
    PHMSA also proposes to revise paragraph (d)(5) which requires that
UN cylinders used for adsorbed gases be inspected and tested in
accordance with Sec.  173.302c and ISO 11513:2011. ISO 11513 specifies
minimum requirements for the material, design, construction,
workmanship, examination and testing at manufacture of refillable
welded steel cylinders for the sub-atmospheric pressure storage of
liquefied and compressed gases. The 22nd revised edition of the UN
Model Regulations updated references to ISO 11513 to authorize the use
of the second edition, ISO 11513:2019. This second edition has been
updated to amend packing instructions and remove the prohibition on the
use of ultrasonic testing during periodic inspection. PHMSA proposes
authorizing the use of ISO 11513:2019 and adding a sunset date of
December 31, 2024, until which the current edition of ISO 11513 may
continue to be used.
    Lastly, PHMSA proposes to add paragraph (d)(8) to reference ISO
23088:2020, ``Gas cylinders--Periodic inspection and testing of welded
steel pressure drums--Capacities up to 1,000 L,'' to provide a
requalification standard for UN pressure drums because requalification
procedures may differ for pressure drums versus other UN pressure
receptacles. The ISO 23088:2020 standard complements the design and
construction standard ISO 21172-1, ``Gas cylinders--Welded steel
pressure drums up to 3,000 litre capacity for the transport of gases--
Design and construction--Part 1: Capacities up to 1,000 litres'',
referenced in Sec.  178.71 for UN pressure drums. ISO 21172-1:2015 was
added in the HMR in rule HM-215O. PHMSA expects that incorporating by
reference a safety standard for requalification will reduce business
costs and environmental effects by allowing existing UN pressure drums
to be reintroduced into service for continued use for an extended
period of time.
    These revisions would align the HMR with changes adopted in the
22nd revised edition of the UN Model Regulations pertaining to industry
consensus standards for requalification and maintenance procedures for
UN pressure receptacles. PHMSA has reviewed this edition as part of its
regular participation in the review of amendments proposed for the UN
Model Regulations and does not expect any degradation of safety
standards in association with its use. PHMSA expects that these
amendments will enhance safety by providing cylinder and pressure drum
users with the necessary guidelines for the continued use of UN
pressure receptacles.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This NPRM is published under the authority of Federal Hazardous
Materials Transportation Law. Section 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. Additionally, 49 U.S.C. 5120 authorizes the
Secretary to consult with interested international authorities to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
the standards adopted by international authorities. The Secretary has
delegated the authority granted in the Federal Hazardous Materials
Transportation Law to the PHMSA Administrator at 49 CFR 1.97(b).

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866 (``Regulatory Planning and Review'') \26\
requires agencies to regulate in the ``most cost-effective manner,'' to
make a ``reasoned determination that the benefits of the intended
regulation justify its costs,'' and to develop regulations that
``impose the least burden on society.'' Similarly, DOT Order 2100.6A
(``Policies and Procedures for Rulemakings'') requires that PHMSA
rulemaking actions include ``an assessment of the potential benefits,
costs, and other important impacts of the regulatory action,'' and (to
the extent practicable) the benefits, costs, and any significant
distributional impacts, including any environmental impacts.
---------------------------------------------------------------------------

    \26\ 58 FR 51735 (Oct. 4, 1993).
---------------------------------------------------------------------------

    Executive Order 12866 and DOT Order 2100.6A require that PHMSA
submit ``significant regulatory actions'' to the Office of Management
and Budget (OMB) for review. This rulemaking is not considered a
significant regulatory action under section 3(f) of Executive Order
12866 and, therefore, was not formally reviewed by OMB. This rulemaking
is also not considered a significant rule under DOT Order 2100.6A.
    The following is a brief summary of costs, savings, and net
benefits of some of the amendments proposed in this notice. PHMSA has
developed a more detailed analysis of these costs and benefits in the
preliminary regulatory impact analysis (PRIA), a copy of which has been
placed in the docket. PHMSA seeks public comment on its proposed
revisions to the HMR and the preliminary cost and benefit analyses in
the PRIA.
    PHMSA proposes to amend the HMR to maintain alignment with
international regulations and standards, thereby maintaining the high
safety standard currently achieved under the HMR, facilitating the safe
transportation of, and aligning HMR requirements with, anticipated
increases in the volume of lithium batteries transported by interstate
commerce from electrification of the transportation and other economic
sectors. PHMSA examined the likely impacts of finalizing and
implementing the provisions proposed in the NPRM in order to assess the
benefits and costs of these amendments. This analysis allowed PHMSA to
quantitatively assess the material effects of four of the

proposed amendments in the rulemaking. The effects of six remaining
proposed amendments are not quantified but are assessed qualitatively.
    PHMSA estimates that the net annualized quantified net cost savings
of this rulemaking, using a 7% discount rate, are between $5.5 million
and $13.2 million per year. The following table presents a summary of
the monetized impacts that these proposed changes may have upon
codification.

                                                              Summary of Net Regulatory Cost Savings, Discount Rate = 7%, 2022-2031
                                                                                [millions, 2021$]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  10 Year costs     10 Year cost savings    10 Year net cost        Annual costs       Annual cost savings     Annual net cost
                                                             --------------------------------------------        savings       --------------------------------------------        savings
                       Rule amendment                                                                    ----------------------                                            ---------------------
                                                                 Low        High       Low        High       Low        High       Low        High       Low        High       Low        High
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1: Incorporation by reference...............................         $8         $8         $0         $0       $(8)       $(8)         $1         $1         $0         $0       $(1)       $(1)
2: HMT additions............................................        0.1        0.1          0          0      (0.1)      (0.1)       0.01       0.01          0          0     (0.01)     (0.01)
3: Self-reactive materials and organic peroxides............          0          0       0.01       0.03       0.01       0.03          0          0      0.001      0.005      0.001      0.005
5: Lithium battery changes..................................          4          7         54        105         47        101        0.5          1          8         15          7         14
                                                             -----------------------------------------------------------------------------------------------------------------------------------
    Total...................................................       12.1       15.0       53.9      104.8       38.9       92.8        1.7        2.1        7.7       14.9        5.5       13.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Values in red in net cost savings columns indicate costs. Low net cost savings for each amendment are determined by subtracting the highest costs from the lowest cost savings. High net
  cost savings are determined by subtracting the lowest costs from the highest cost savings.

    The safety and environmental benefits of the proposed rule have not
been quantified. However, PHMSA expects the proposed amendments would
help to improve public safety and reduce the risk of environmental harm
by maintaining consistency between these international regulations and
the HMR. Harmonization of the HMR with international consensus
standards as proposed could reduce delays and interruptions of
hazardous materials during transportation, thereby lowering GHG
emissions and safety risks to communities (including minority, low
income, underserved, and other disadvantaged populations and
communities) in the vicinity of interim storage sites and
transportation arteries and hubs.

C. Executive Order 13132

    PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism'') \27\
and the Presidential memorandum (``Preemption'') that was published in
the Federal Register on May 22, 2009.\28\ Executive Order 13132
requires agencies to assure meaningful and timely input by state and
local officials in the development of regulatory policies that may have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.''
---------------------------------------------------------------------------

    \27\ 64 FR 43255 (Aug. 10, 1999).
    \28\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------

    The rulemaking may preempt state, local, and Native American 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. The Federal
Hazardous Materials Transportation Law contains an express preemption
provision at 49 U.S.C. 5125(b) that preempts state, local, and tribal
requirements on certain covered subjects, unless the non-federal
requirements are ``substantively the same'' as the federal
requirements, including the following:
    (1) The designation, description, and classification of hazardous
material;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
    This proposed rule addresses covered subject items (1), (2), (3),
(4), and (5) above and would preempt state, local, and tribal
requirements not meeting the ``substantively the same'' standard. In
this instance, the preemptive effect of the proposed rule is limited to
the minimum level necessary to achieve the objectives of the hazardous
materials transportation law under which the final rule is promulgated.
Therefore, the consultation and funding requirements of Executive Order
13132 do not apply.

D. Executive Order 13175

    PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \29\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Executive Order 13175 and DOT Order 5301.1 require DOT Operating
Administrations to assure meaningful and timely input from Native
American tribal government representatives in the development of rules
that significantly or uniquely affect tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship and distribution of
power between the federal government and Native American tribes.
---------------------------------------------------------------------------

    \29\ 65 FR 67249 (Nov. 9, 2000).
---------------------------------------------------------------------------

    PHMSA assessed the impact of the rulemaking and preliminarily
determined that it would not significantly or uniquely affect tribal
communities or Native American tribal governments. The changes to the
HMR proposed in this NPRM are facially neutral and would have broad,
national scope; PHMSA, therefore, expects this rulemaking to not
significantly or uniquely affect tribal communities, much less impose
substantial compliance costs on Native American tribal governments or
mandate tribal action. And because PHMSA expects the rulemaking would
not adversely affect the safe transportation of hazardous materials
generally, PHMSA does not expect it would entail disproportionately
high adverse risks for tribal communities. For these reasons, PHMSA
does not expect the funding and consultation requirements of Executive
Order 13175 and DOT Order 5301.1 to apply. However, PHMSA solicits
comment from Native American tribal governments and communities on
potential impacts of the proposed rulemaking.

E. Regulatory Flexibility Act and Executive Order 13272

    The Regulatory Flexibility Act (5 U.S.C. 601, et seq.) requires
agencies to review proposed regulations to assess their impact on small
entities, unless the agency head certifies that a proposed rulemaking
will not have a significant economic impact on a substantial number of
small entities, including small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations under 50,000. The Regulatory Flexibility Act directs
agencies to establish exceptions and differing compliance standards for
small businesses, where possible to do so and still meet the objectives
of applicable regulatory statutes. Executive Order 13272 (``Proper
Consideration of Small Entities in Agency Rulemaking'') \30\ requires
agencies to establish procedures and policies to promote compliance
with the Regulatory Flexibility Act and to ``thoroughly review draft
rules to assess and take appropriate account of the potential impact''
of the rules on small businesses, governmental jurisdictions, and small
organizations. The DOT posts its implementing guidance on a dedicated
web page.\31\
---------------------------------------------------------------------------

    \30\ 67 FR 53461 (Aug. 16, 2002).
    \31\ DOT, ``Rulemaking Requirements Related to Small Entities,''
www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities.
---------------------------------------------------------------------------

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

F. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et
seq.), no person is required to respond to an information collection
unless it has been approved by OMB and displays a valid OMB control
number. Pursuant to 44 U.S.C. 3506(c)(2)(B) and 5 CFR 1320.8(d), PHMSA
must provide interested members of the public and affected agencies
with an opportunity to comment on information collection and
recordkeeping requests.
    PHMSA has analyzed this NPRM in accordance with the Paperwork
Reduction Act. PHMSA currently accounts for shipping paper burdens
under OMB Control Number 2137-0034, ``Hazardous Materials Shipping
Papers and Emergency Response Information.'' PHMSA proposes some
amendments that may impact OMB Control Number 2137-0034, such as the
requirement to indicate the use of Special Provisions A54 on the
shipping papers, however PHMSA expects the overall impact to annual
paperwork burden is negligible in relation to the number of burden
hours currently associated with this information collection. While
PHMSA expects this proposal to reduce the burden associated with this
information collection, PHMSA anticipates the reduction is negligible
in relation to the total burden hours associated with special permit
applications.
    Additionally, PHMSA is revising Sec.  173.185(c)(4) to require that
shippers and carriers of small lithium batteries not contained in
equipment have shipping papers and perform NOPIC checks when
transported by air. PHMSA estimates that 45 domestic airlines
transporting 4,044 shipments of affected lithium batteries may be
affected by this provision. PHMSA estimates a burden increase of 16
minutes per shipment, or 64,704 minutes (1,078 hours) in the first
year. PHMSA estimates the increased burden for this information
collection as follows:

OMB Control No. 2137-0034: Hazardous Materials Shipping Papers &
Emergency Response Information
Annual increase in number of respondents: 45.
Annual increase in number of responses: 4,044.
Annual increase in burden hours: 1,078.
Increase in Annual Burden Cost: $0.

    PHMSA accounts for the burden from approval applications in OMB
Control Number 2137-0557, ``Approvals for Hazardous Materials.'' PHMSA
also proposes to add new entries to the Sec.  173.224 Self Reactives
Table and Sec.  173.225 Organic Peroxide Table, which PHMSA expects
estimates would decrease the number of annual approval applicants.
However, PHMSA expects that these proposed changes are negligible to
the overall impact of the total burden, in relation to the number of
burden hours associated with this information collection. Based on
estimates provided in the PRIA, PHMSA estimates that this proposal
would reduce the number of approvals by one annually. PHMSA estimates
the reduction in this information collection as follows:
OMB Control No. 2137-0057: Approvals for Hazardous Materials
Decrease in Annual Number of Respondents: 1
Decrease in Annual Responses: 1
Decrease in Annual Burden Hours: 4.75
Decrease in Annual Burden Cost: $0

    PHMSA requests comments on the information collection and
recordkeeping burdens associated with developing, implementing, and
maintaining the proposed requirements in this NPRM. Address written
comments to the DOT Docket Operations Office identified in the
ADDRESSES section of this rulemaking. PHMSA must receive comments
regarding information collection burdens prior to the close of the
comment period identified in the DATES section of this rulemaking.
Requests for a copy of this information collection should be directed
to Steven Andrews, 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. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501, et
seq.) requires agencies to assess the effects of federal regulatory
actions on state, local, and tribal governments, and the private
sector. For any NPRM or final rule that includes a federal mandate that
may result in the expenditure by state, local, and tribal governments,
or by the

private sector, of $100 million or more in 1996 dollars in any given
year, the agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the federal mandate.
    As explained in the PRIA, this proposed rulemaking does not impose
unfunded mandates under the UMRA. It is not expected to result in costs
of $100 million or more in 1996 dollars to either state, local, or
tribal governments, or to the private sector, in any one year. A copy
of the PRIA is available for review in the docket.

H. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA; 42 U.S.C.
4321, et seq.), requires that federal agencies analyze proposed actions
to determine if the action would have a significant impact on the human
environment. The Council on Environmental Quality implementing
regulations (40 CFR, parts 1500-1508) require federal agencies to
conduct an environmental review considering (1) the need for the
action, (2) alternatives to the action, (3) probable environmental
impacts of the action and alternatives, and (4) the agencies and
persons consulted during the consideration process. DOT Order 5610.1C
(``Procedures for Considering Environmental Impacts'') establishes
departmental procedures for evaluation of environmental impacts under
NEPA and its implementing regulations. This Environmental Assessment
incorporates by reference the analysis discussing safety impacts that
is included in the preamble language above.
1. Purpose and Need
    This NPRM would amend the HMR to maintain alignment with
international consensus standards by incorporating into the HMR various
amendments, including changes to proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, air
transport quantity limitations, and vessel stowage requirements. PHMSA
notes that the amendments proposed in this NPRM are intended to result
in cost savings and reduced regulatory burden for shippers engaged in
domestic and international commerce, including trans-border shipments
within North America. Absent adoption of the amendments proposed in the
NPRM, U.S. companies--including numerous small entities competing in
foreign markets--may be at an economic disadvantage because of their
need to comply with a dual system of regulations. Further, among the
HMR amendments introduced in this rulemaking are those aligning HMR
requirements with anticipated increases in the volume of lithium
batteries transported in interstate commerce, from electrification of
the transportation and other economic sectors.
    As explained at greater length above in the preamble of this NPRM
and in the PRIA (each of which is incorporated by reference in this
discussion of the environmental impacts of the Proposed Action
Alternative), PHMSA expects that the adoption of the regulatory
amendments proposed in this NPRM would maintain the high safety
standard currently achieved under the HMR. PHMSA has evaluated the
safety of each of the amendments proposed in this NPRM on its own
merit, as well as the aggregate impact on transportation safety from
adoption of those amendments.
2. Alternatives
    In proposing this rulemaking, PHMSA is considering the following
alternatives:
No Action Alternative
    If PHMSA were to select the No Action Alternative, current
regulations would remain in place and no provisions would be amended or
added.
Proposed Action Alternative
    This alternative is the current proposal as it appears in this
NPRM, applying to transport of hazardous materials by various transport
modes (highway, rail, vessel, and aircraft). The proposed amendments
included in this alternative are more fully discussed in the preamble
and regulatory text sections of this NPRM.
3. Reasonably Foreseeable Environmental Impacts of the Alternatives
No Action Alternative
    If PHMSA were to select the No Action Alternative, the HMR would
remain unchanged, and no provisions would be amended or added. However,
any economic benefits gained through harmonization of the HMR with
updated international consensus standards (including, but not limited
to, the 22nd revised edition of the UN Model Regulations, the 2023-2024
ICAO Technical Instructions and amendment 41-22 of the IMDG Code)
governing shipping of hazardous materials would not be realized.
    Additionally, the No Action Alternative would not adopt enhanced
and clarified regulatory requirements expected to maintain the high
level of safety in transportation of hazardous materials provided by
the HMR. As explained in the preamble to the NPRM, consistency between
the HMR and current international standards can enhance safety by (1)
ensuring that the HMR is informed by the latest best practices and
lessons learned; (2) improving understanding of, and compliance with,
pertinent requirements; (3) enabling consistent emergency response
procedures in the event of a hazardous materials incident; and (4)
facilitating the smooth flow of hazardous materials from their points
of origin to their points of destination, thereby avoiding risks to the
public and the environment from release of hazardous materials from
delays or interruptions in the transportation of those materials. PHMSA
would not capture those benefits if it were to pass on incorporating
updated international standards into the HMR under the No Action
Alternative.
    PHMSA expects that the No Action Alternative could have a modest
impact on GHG emissions. Because PHMSA expects that the differences
between the HMR and international standards for transportation of
hazardous materials could result in transportation delays or
interruptions, PHMSA anticipates that there could be modestly higher
GHG emissions from some combination of (1) transfer of delayed
hazardous materials to and from interim storage, (2) return of
improperly shipped materials to their point of origin, and (3)
reshipment of returned materials. PHMSA notes that it is unable to
quantify such GHG emissions because of the difficulty in identifying
the precise quantity or characteristics of such interim storage or
returns/re-shipments. PHMSA also submits that, as explained at greater
length in Section IV.J., to the extent that there are any delays
arising from inconsistencies between the HMR and recently updated
international standards, there could also be adverse impacts from the
No Action Alternative for minority populations, low-income populations,
or other underserved and other disadvantaged communities.
Proposed Action Alternative
    As explained further in the discussions in each of the No Action
Alternative above, the preamble, and the PRIA, PHMSA anticipates the
changes proposed under the Proposed Action Alternative will maintain
the high safety standards currently achieved under the HMR.
Harmonization of the HMR with updated international consensus standards
is also expected to capture economic efficiencies gained from avoiding
shipping delays and compliance costs associated with having

to comply with divergent U.S. and international regulatory regimes for
transportation of hazardous materials. Further, PHMSA expects revision
of the HMR as proposed in the NPRM will accommodate safe transportation
of emerging technologies (in particular components of lithium battery
technologies) and facilitate safe shipment of hazardous materials.
    PHMSA expects that the Proposed Action Alternative could realize
modest reductions in GHG emissions. Because PHMSA expects that the
differences between the HMR and international standards for
transportation of hazardous materials could result in delays or
interruptions, PHMSA anticipates that the No Action Alternative could
result in modestly higher GHG emissions from some combination of (1)
transfer of delayed hazardous materials to and from interim storage,
(2) return of improperly shipped materials to their point of origin, or
(3) reshipment of returned materials. The Proposed Action Alternative
avoids those risks resulting from divergence of the HMR from updated
international standards. PHMSA notes, however, that it is unable to
quantify any GHG emissions benefits because of the difficulty in
identifying the precise quantity or characteristics of such interim
storage or returns/re-shipments. Lastly, PHMSA also submits that, as
explained at greater length in Section IV.J., the Proposed Action
Alternative would avoid any delayed or interrupted shipments arising
from the divergence of the HMR from updated international standards
under the No Action Alternative that could result in adverse impacts
for minority populations, low-income populations, or other underserved
and other disadvantaged communities.
4. Agencies Consulted
    PHMSA has coordinated with FAA, FMCSA, FRA, and USCG in the
development of this proposed rule. PHMSA solicits, and will consider,
comments on the NPRM's potential impacts on the human environment
submitted by members of the public, state, and local governments,
tribal communities, and industry.
5. Proposed Finding of No Significant Impact
    PHMSA expects the adoption of the Proposed Action Alternative's
regulatory amendments will maintain the HMR's current high level of
safety for shipments of hazardous materials transported by highway,
rail, aircraft, and vessel, and as such finds the HMR amendments in the
NPRM would have no significant impact on the human environment. PHMSA
expects that the Proposed Action Alternative will avoid adverse safety,
environmental justice, and GHG emissions impacts of the No Action
Alternative. Furthermore, based on PHMSA's analysis of these provisions
described above, PHMSA proposes to find that codification and
implementation of this rule would not result in a significant impact to
the human environment.
    PHMSA welcomes any views, data, or information related to
environmental impacts that may result from NPRM's proposed
requirements, the No Action Alternative, and other viable alternatives
and their environmental impacts.

I. Environmental Justice

    DOT Order 5610.2C (Department of Transportation Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'') and Executive Orders 12898 (``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations''),\32\ 13985 (``Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government''),\33\ 13990
(``Protecting Public Health and the Environment and Restoring Science
To Tackle the Climate Crisis''),\34\ and 14008 (``Tackling the Climate
Crisis at Home and Abroad'') \35\ require DOT agencies to achieve
environmental justice as part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects, including interrelated social and
economic effects of their programs, policies, and activities on
minority populations, low-income populations, and other underserved and
disadvantaged communities.
---------------------------------------------------------------------------

    \32\ 59 FR 7629 (Feb. 11, 1994).
    \33\ 86 FR 7009 (Jan. 20, 2021).
    \34\ 86 FR 7037 (Jan. 20, 2021).
    \35\ 86 FR 7619 (Feb. 1, 2021).
---------------------------------------------------------------------------

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

J. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit and including any personal information that the
commenter includes, in the system of records notice. DOT's complete
Privacy Act Statement is in the Federal Register published on April 11,
2000,\36\ or on DOT's website at http://www.dot.gov/privacy.
---------------------------------------------------------------------------

    \36\ 65 FR 19477 (Apr. 11, 2000).
---------------------------------------------------------------------------

K. Executive Order 13609 and International Trade Analysis

    Executive Order 13609 (``Promoting International Regulatory
Cooperation'') \37\ requires that agencies 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.
---------------------------------------------------------------------------

    \37\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------

    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465) (as
amended, the Trade Agreements Act), prohibits agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to the Trade Agreements Act, the establishment of
standards is not considered an unnecessary obstacle to the foreign
commerce of the United States, 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 it has assessed the
effects of the proposed rule to ensure that it does not cause
unnecessary obstacles to foreign trade. In fact, the proposed rule is
expected to facilitate international trade by harmonizing U.S. and
international requirements for the transportation of hazardous
materials so as to reduce regulatory burdens and minimize delays
arising from having to comply with divergent regulatory requirements.
Accordingly, this rulemaking is consistent with Executive Order 13609
and PHMSA's obligations under the Trade Agreements Act.

L. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies to use voluntary consensus
standards in their regulatory activities, unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. This
rulemaking involves multiple voluntary consensus standards, which are
discussed at length in the discussion on Sec.  171.7. See Section 171.7
of the Section-by-Section Review for further details.

M. Executive Order 13211

    Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') \38\
requires federal agencies to prepare a Statement of Energy Effects for
any ``significant energy action.'' Executive Order 13211 defines a
``significant energy action'' as any action by an agency (normally
published in the Federal Register) that promulgates, or is expected to
lead to the promulgation of, a final rule or regulation that (1)(i) is
a significant regulatory action under Executive Order 12866 or any
successor order and (ii) is likely to have a significant adverse effect
on the supply, distribution, or use of energy (including a shortfall in
supply, price increases, and increased use of foreign supplies); or (2)
is designated by the Administrator of the Office of Information and
Regulatory Affairs (OIRA) as a significant energy action.
---------------------------------------------------------------------------

    \38\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

    This proposed rule is not a significant action under Executive
Order 12866, nor is it expected to have an annual effect on the economy
of $100 million. Further, this action is not expected to have a
significant adverse effect on the supply, distribution, or use of
energy in the United States. The Administrator of OIRA has not
designated the proposed rule as a significant energy action. For
additional discussion of the anticipated economic impact of this
rulemaking, please review the PRIA posted in the rulemaking docket.

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.

49 CFR Part 175

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

49 CFR Part 176

    Cargo vessels, Hazardous materials transportation, Incorporation by
reference, Maritime carriers, 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, Incorporation by reference,
Motor carriers, Motor vehicle safety, Packaging and containers,
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; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

0
2. In Sec.  171.7:
0
a. Revise paragraphs (t)(1), (v)(2); and (w)(32) through (81);
0
b. Add paragraphs (w)(82) through (92); and
0
c. Revise paragraphs (aa)(3) and (dd)(1) through (4).
    The revisions and additions read as follows:

Sec.  171.7  Reference material.

* * * * *
    (t) * * *
    (1) ICAO Doc 9284 Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), 2023-2024
Edition, copyright 2021; into Sec. Sec.  171.8; 171.22 through 171.24;
172.101; 172.202; 172.401; 172.407; 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 41-22 (English Edition), Volumes 1 and 2, 2022 Edition; into
Sec. Sec.  171.22; 171.23; 171.25; 172.101; 172.202; 172.203; 172.401;
172.407; 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; 176.906;
178.3; 178.274.
    (w) * * *
    (32) ISO 9809-1:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 1:
Quenched and tempered steel cylinders and tubes with tensile strength
less than 1100 Mpa, Third Edition, 2019-08-01; into Sec. Sec.  178.37;
178.71; 178.75.
    (33) ISO 9809-2:2000(E): 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
1 100 MPa., First edition, June 2000; into Sec. Sec.  178.71; 178.75.
    (34) ISO 9809-2:2010(E): 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.
    (35) ISO 9809-2:2019(E): Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 2:
Quenched and tempered steel cylinders and tubes with tensile strength
greater than or equal to 1100 MPa, Third edition, 2019-08; into
Sec. Sec.  178.71; 178.75.
    (36) ISO 9809-3:2000(E): 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.
    (37) ISO 9809-3:2010(E): 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.
    (38) ISO 9809-3:2019(E), Gas cylinders--Design, construction and
testing of refillable seamless steel gas cylinders and tubes--Part 3:
Normalized steel cylinders and tubes, Third edition, 2018-08; into
Sec. Sec.  178.71; 178.75.
    (39) ISO 9809-4:2014(E), Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 4: Stainless
steel cylinders with an Rm value of less than 1 100 MPa, First edition,
2014-07-15; into Sec. Sec.  178.71; 178.75.
    (40) ISO 9978:1992(E)--Radiation protection--Sealed radioactive
sources--Leakage test methods. First Edition, (February 15, 1992); into
Sec.  173.469.
    (41) ISO 10156:2017(E), Gas cylinders--Gases and gas mixtures--
Determination of fire potential and oxidizing ability for the selection
of cylinder valve outlets, Fourth edition, 2017-07; into Sec.  173.115.
    (42) ISO 10297:1999(E), Gas cylinders--Refillable gas cylinder
valves--Specification and type testing, First Edition, 1995-05-01; into
Sec. Sec.  173.301b; 178.71.
    (43) ISO 10297:2006(E), Transportable gas cylinders--Cylinder
valves--Specification and type testing, Second Edition, 2006-01-15;
into Sec. Sec.  173.301b; 178.71.
    (44) ISO 10297:2014(E), Gas cylinders--Cylinder valves--
Specification and type testing, Third Edition, 2014-07-15; into
Sec. Sec.  173.301b; 178.71.
    (45) ISO 10297:2014/Amd 1:2017(E), Gas cylinders--Cylinder valves--
Specification and type testing--Amendment 1: Pressure drums and tubes,
Third Edition, 2017-03; into Sec. Sec.  173.301b; 178.71.
    (46) ISO 10461:2005(E), Gas cylinders--Seamless aluminum-alloy gas
cylinders--Periodic inspection and testing, Second Edition, 2005-02-15
and Amendment 1, 2006-07-15; into Sec.  180.207.
    (47) ISO 10462:2013(E), Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance, Third Edition, 2013-12-15; into
Sec.  180.207.
    (48) ISO 10462:2013/Amd 1:2019(E), ``Gas cylinders--Acetylene
cylinders--Periodic inspection and maintenance--Amendment 1, Third
Edition, 2019-06; into Sec.  180.207.
    (49) ISO 10692-2:2001(E), Gas cylinders--Gas cylinder valve
connections for use in the micro-electronics industry--Part 2:
Specification and type testing for valve to cylinder connections, First
Edition, 2001-08-01; into Sec. Sec.  173.40; 173.302c.
    (50) ISO 11114-1:2012(E), Gas cylinders--Compatibility of cylinder
and valve materials with gas contents--Part 1: Metallic materials,
Second edition, 2012-03-15; into Sec. Sec.  172.102; 173.301b; 178.71.
    (51) ISO 11114-1:2012/Amd 1:2017(E), Gas cylinders--Compatibility
of cylinder and valve materials with gas contents--Part 1: Metallic
materials--Amendment 1, Second Edition, 2017-01; into Sec. Sec.
172.102, 173.301b, 178.71.
    (52) ISO 11114-2:2013(E), Gas cylinders--Compatibility of cylinder
and valve materials with gas contents--Part 2: Non-metallic materials,
Second edition, 2013-04; into Sec. Sec.  173.301b; 178.71.
    (53) ISO 11117:1998(E): Gas cylinders--Valve protection caps and
valve guards for industrial and medical gas cylinders--Design,
construction and tests, First edition, 1998-08-01; into Sec.  173.301b.
    (54) ISO 11117:2008(E): Gas cylinders--Valve protection caps and
valve guards--Design, construction and tests, Second edition, 2008-09-
01; into Sec.  173.301b.
    (55) ISO 11117:2008/Cor.1:2009(E): Gas cylinders--Valve protection
caps and valve guards--Design, construction and tests, Technical
Corrigendum 1, 2009-05-01; into Sec.  173.301b.
    (56) ISO 11117:2019(E), ``Gas cylinders--Valve protection caps and
guards--Design, construction and tests, 2019-11-01; into Sec.
173.301b.
    (57) ISO 11118(E), Gas cylinders--Non-refillable metallic gas
cylinders--Specification and test methods, First edition, October 1999;
into Sec.  178.71.
    (58) ISO 11118:2015(E), Gas cylinders--Non-refillable metallic gas
cylinders--Specification and test methods, Second edition, 2015-09-15;
into Sec. Sec.  173.301b; 178.71.
    (59) ISO 11118:2015/Amd 1:2019(E), Gas cylinders--Non-refillable
metallic gas cylinders--Specification and test methods--Amendment 1,
Second edition, 2019-10; into Sec. Sec.  173.301b; 178.71.
    (60) ISO 11119-1(E), Gas cylinders--Gas cylinders of composite
construction--Specification and test methods--Part 1: Hoop-wrapped
composite gas cylinders, First edition, May 2002, into Sec.  178.71.
    (61) ISO 11119-1:2012(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing--Part 1: Hoop
wrapped fibre reinforced composite gas cylinders and tubes up to 450 L,
Second edition, 2012-08-01; into Sec. Sec.  178.71; 178.75.
    (62) ISO 11119-2(E), Gas cylinders--Gas cylinders of composite
construction--Specification and test methods--Part 2: Fully wrapped
fibre reinforced composite gas cylinders with load-sharing metal
liners, First edition, May 2002; into Sec.  178.71.
    (63) ISO 11119-2:2012(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing--Part 2: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with load-sharing metal liners, Second edition, 2012-07-15; into
Sec. Sec.  178.71; 178.75.
    (64) ISO 11119-2:2012/Amd.1:2014(E), Gas cylinders--

Refillable composite gas cylinders and tubes--Design, construction and
testing--Part 2: Fully wrapped fibre reinforced composite gas cylinders
and tubes up to 450 l with load-sharing metal liners, Amendment 1,
2014-08-15; into Sec. Sec.  178.71; 178.75.
    (65) ISO 11119-3(E), Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced
composite gas cylinders with non-load-sharing metallic or non-metallic
liners, First edition, September 2002; into Sec.  178.71.
    (66) ISO 11119-3:2013(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing--Part 3: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with non-load-sharing metallic or non-metallic liners, Second edition,
2013-04-15; into Sec. Sec.  178.71; 178.75.
    (67) ISO 11119-4:2016(E), Gas cylinders--Refillable composite gas
cylinders--Design, construction and testing--Part 4: Fully wrapped
fibre reinforced composite gas cylinders up to 150 l with load-sharing
welded metallic liners, First Edition, 2016-02-15; into Sec.  178.71;
178.75.
    (68) ISO 11120(E), Gas cylinders--Refillable seamless steel tubes
of water capacity between 150 l and 3000 l--Design, construction and
testing, First edition, 1999-03; into Sec. Sec.  178.71; 178.75.
    (69) ISO 11120:2015(E), Gas cylinders--Refillable seamless steel
tubes of water capacity between 150 l and 3000 l--Design, construction
and testing, Second Edition, 2015-02-01; into Sec. Sec.  178.71;
178.75.
    (70) ISO 11513:2011(E), Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene)--Design, construction, testing, use and periodic
inspection, First edition, 2011-09-12; into Sec. Sec.  173.302c;
178.71; 180.207.
    (71) ISO 11513:2019(E), Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene)--Design, construction, testing, use and periodic
inspection, Second edition, 2019-09; into Sec. Sec.  173.302c; 178.71;
180.207.
    (72) ISO 11621(E), Gas cylinders--Procedures for change of gas
service, First edition, April 1997; into Sec. Sec.  173.302, 173.336,
173.337.
    (73) ISO 11623(E), Transportable gas cylinders--Periodic inspection
and testing of composite gas cylinders, First edition, March 2002; into
Sec.  180.207.
    (74) ISO 11623:2015 (E), Gas cylinders--Composite construction--
Periodic inspection and testing, Second edition, 2015-12-01; into Sec.
180.207.
    (75) ISO 13340:2001(E), Transportable gas cylinders--Cylinder
valves for non-refillable cylinders--Specification and prototype
testing, First edition, 2004-04-01; into Sec.  178.71.
    (76) ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method, Second Edition, 2008-09-15; into Sec.  173.120.
    (77) ISO 14246:2014(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examination, Second Edition, 2014-06-15; into
Sec.  178.71.
    (78) ISO 14246:2014/Amd 1:2017(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examinations--Amendment 1, Second Edition,
2017-06; into Sec.  178.71.
    (79) ISO 16111:2008(E), Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride, First Edition, 2008-11-15; into
Sec. Sec.  173.301b; 173.311; 178.71.
    (80) ISO 16111:2018(E), Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride, Second Edition, 2018-08; into
Sec. Sec.  173.301b; 173.311; 178.71.
    (81) ISO 16148:2016(E), Gas cylinders--Refillable seamless steel
gas cylinders and tubes--Acoustic emission examination (AT) and follow-
up ultrasonic examination (UT) for periodic inspection and testing,
Second Edition, 2016-04-15; into Sec.  180.207.
    (82) ISO 17871:2015(E), Gas cylinders--Quick-release cylinder
valves--Specification and type testing, First Edition, 2015-08-15; into
Sec.  173.301b.
    (83) ISO 17871:2020(E), Gas cylinders--Quick-release cylinder
valves--Specification and type testing, Second Edition, 2020-07; into
Sec.  173.301b.
    (84) ISO 17879: 2017(E), Gas cylinders--Self-closing cylinder
valves--Specification and type testing, First Edition, 2017-07; into
Sec. Sec.  173.301b; 178.71.
    (85) ISO 18172-1:2007(E), Gas cylinders--Refillable welded
stainless steel cylinders--Part 1: Test pressure 6 MPa and below, First
Edition, 2007-03-01; into Sec.  178.71.
    (86) ISO 20475:2018(E), Gas cylinders--Cylinder bundles--Periodic
inspection and testing, First Edition, 2018-02; into Sec.  180.207.
    (87) ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing, First Edition, 2006-
05-01; into Sec.  178.71.
    (88) ISO 21172-1:2015(E), Gas cylinders--Welded steel pressure
drums up to 3,000 litres capacity for the transport of gases--Design
and construction--Part 1: Capacities up to 1,000 litres, First edition,
2015-04-01; into Sec.  178.71.
    (89) ISO 21172-1:2015/Amd 1:2018(E), Gas cylinders--Welded steel
pressure drums up to 3,000 litres capacity for the transport of gases--
Design and construction--Part 1: Capacities up to 1,000 litres--
Amendment 1, First Edition, 2018-11-01; into Sec.  178.71.
    (90) ISO 22434:2006(E), Transportable gas cylinders--Inspection and
maintenance of cylinder valves, First Edition, 2006-09-01; into Sec.
180.207.
    (91) ISO 23088:2020, Gas cylinders--Periodic inspection and testing
of welded steel pressure drums--Capacities up to 1,000 l, First
Edition, 2020-02; into Sec.  180.207.
    (92) ISO/TR 11364:2012(E), Gas cylinders--Compilation of national
and international valve stem/gas cylinder neck threads and their
identification and marking system, First Edition, 2012-12-01; into
Sec.  178.71.
* * * * *
    (aa) * * *
    (3) Test No. 439: In Vitro Skin Irritation: Reconstructed Human
Epidermis (RHE) Test Method, OECD Guidelines for the Testing of
Chemicals, 29 July 2015; into Sec.  173.137.
* * * * *
    (dd) * * *
    (1) UN Recommendations on the Transport of Dangerous Goods, Model
Regulations (UN Recommendations), 22nd revised edition, (2021); into
Sec. Sec.  171.8; 171.12; 172.202; 172.401; 172.407; 172.502; 172.519;
173.22; 173.24; 173.24b; 173.40; 173.56; 173.192; 173.302b; 173.304b;
178.75; 178.274 as follows:
    (i) Volume I, ST/SG/AC.10/1/Rev.22 (Vol. I).
    (ii) Volume II, ST/SG/AC.10/1/Rev.22 (Vol. II).
    (2) Manual of Tests and Criteria; into Sec. Sec.  171.24, 172.102;
173.21; 173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125;
173.127; 173.128; 173.137; 173.185; 173.220; 173.221; 173.224; 173.225;
173.232; part 173, appendix H; 175.10; 176.905; 178.274 as follows:
    (i) Seventh revised edition (2019).
    (ii) Seventh revised edition, Amendment 1 (2021).
    (3) Globally Harmonized System of Classification and Labelling of
Chemicals (GHS), 9th revised edition, ST/SG/AC.10/30/Rev.9 (2021); into
Sec.  172.401.
    (4) Agreement concerning the International Carriage of Dangerous

Goods by Road (ADR), copyright 2020; into Sec.  171.23 as follows:
    (i) Volume I, ECE/TRANS/300 (Vol. I).
    (ii) Volume II, ECE/TRANS/300 (Vol. II).
    (iii) Corrigendum, ECE/TRANS/300 (Corr. 1).
* * * * *
0