Special Provision A210: PHMSA proposes adding new special
provision A210 and assigning it to the new italicized HMT entries
``Catecholborane'' and its synonym ``1, 3, 2-Benzodioxaborole.''
Consistent with the ICAO Technical Instructions, this special provision
clarifies that this substance is forbidden for transport by air and may
only be transported on cargo aircraft with the approval of the
Associate Administrator.
     Special Provision A212: PHMSA proposes adding new special
provision A212 and assigning it to the to the HMT entry ``UN 2031,
Nitric acid other than red fuming, with more than 20 percent and less
than 65 percent nitric acid.'' Consistent with the ICAO Technical
Instructions, this special provision allows sterilization devices
containing nitric acid conforming to the conditions in the special
provision to be offered for transportation by passenger aircraft
irrespective of column (9A) of the Sec.  172.101 HMT listing the
material as forbidden.
     Special Provision B134: PHMSA proposes adding new special
provision B134 and assigning it to UN Numbers 1309, 1376, 1483, 1869,
2793, and 2878. When in Large Packagings offered for transport by
vessel, flexible or fiber inner packages containing these materials
would need to be sift-proof and water-resistant, or fitted with a sift-
proof and water-resistant liner. Consistent with the IMDG Code, these
provisions will increase the ability of these packages to perform their
containment function and reduce the likelihood of a fire on board cargo
vessels when used to transport substances that either generate large
amounts of heat or give off flammable or corrosive toxic gases on
contact with water or moisture.
     Special Provision B135: PHMSA proposes adding new special
provision B135 and assigning it to UN Numbers 1932, 2008, 2545, 2546,
2881, and 3189. When in Large Packagings offered for transport by
vessel, flexible or fiber inner packages containing these materials
would need to be hermetically sealed. Consistent with the IMDG Code,
these provisions will increase the ability of these packages to perform
their containment function and reduce the likelihood of a fire on board
cargo vessels when used to transport substances that either generate
large amounts of heat or give off flammable or corrosive toxic gases on
contact with water or moisture.
     IP Code 19: PHMSA proposes to add a new IP Code 19 and
assign it to UN 3531, UN 3532, UN 3553, and UN 3534. Consistent with
international

regulations, this special provision would require that IBCs are
designed and constructed to permit the release of gas or vapor, thereby
preventing a build-up of pressure that could rupture the IBCs in the
event of loss of stabilization
     Special Provision N90: Special provision N90 is assigned
to the HMT entry ``UN 3474, 1-Hydroxybenzotriazole, monohydrate'' and
prohibits the use of metal packages. PHMSA proposes, consistent with
the UN Model Regulations, to revise special provision N90 by clarifying
that the prohibition of metal packages does not include packagings
constructed of other material with a small amount of metal (e.g., metal
closures or other metal fittings). However, packagings constructed with
a small amount of metal must be designed such that the hazardous
material does not contact the metal.
     Special Provision N92: PHMSA proposes adding special
provision N92 to the four proposed polymerizing substance, n.o.s.
entries. This special provision requires packages that are utilized for
the transportation of polymerizing substances to be designed and
constructed to permit the release of gas or vapor to prevent a build-up
of pressure that could rupture the packagings in the event of loss of
stabilization.
     Special Provision W31: PHMSA proposes adding new special
provision W31 and assigning it to the 155 HMT entries identified in
Table 6 in the ``Amendments to column (7) special provisions'' section
of this rulemaking. With the addition of this special provision, PHMSA
proposes to require packages assigned as such to be hermetically sealed
when offered for transportation by vessel.
    The proposed addition of W31 to these commodities harmonizes the
HMR with changes made in Amendment 38-16 of the IMDG Code, as well as
the transportation requirements of the HMR with the IMDG Code for other
commodities where they were not previously harmonized. The IMDG Code
has had provisions in place equivalent to proposed W31 (PP31) for
certain commodities since at least 1998.\4\ Other hazardous materials
regulations (ICAO Technical Instructions, HMR, and UN Model
Regulations) do not currently contain provisions similar to W31.
Amendment 38-16 of the IMDG Code is adding this hermetically sealed
packaging requirement to 15 entries in its Dangerous Goods List (some
with multiple packing groups).
---------------------------------------------------------------------------

    \4\ These provisions have potentially been in place before 1998.
PHMSA reviewed hard copy IMDG Codes dating back to 1998 but was
unable to locate the origin of these provisions.
---------------------------------------------------------------------------

    The proposed amendment would reduce the risk of fire on board cargo
vessels carrying hazardous materials that can react dangerously with
the ship's available water and carbon dioxide fire extinguishing
systems. Some of the hazardous materials for which PHMSA is proposing
to amend the vessel transportation packaging requirements react with
water or moisture generating excessive heat or releasing toxic or
flammable gases. Common causes for water entering into the container
are: water entering through ventilation or structural flaws in the
container; water entering into the containers placed on deck or in the
hold in heavy seas; and water entering into the cargo space upon a ship
collision or leak. If water has already entered the container, the
packaging is the only protection from a potential fire.
    In this NPRM, PHMSA proposes to strengthen the ability of these
packages transporting water-reactive substances. PHMSA anticipates this
proposed amendment could result in additional costs to domestic-only
shippers but not to those shippers transporting such goods
internationally. We assume that all shippers that ship hazardous
materials internationally will incorporate IMDG Code-compliant
packaging requirements into their business practices. These proposed
amendments will increase costs for some domestic shipments of affected
commodities and will require materials currently transported in
packaging not already hermetically sealed to be thus packaged. Adoption
of these provisions will increase the ability of these packages to
perform their containment function and reduce the likelihood of a fire
on board cargo vessels when used to transport substances that either
generate large amounts of heat or give off flammable or toxic gases on
contact with water or moisture. A 2011 Formal Safety Assessment (FSA)
report presented to the IMO on shipping water-reactive materials by
vessel \5\ provides guidance regarding changes to the regulation of
such shipments, as well as the net benefit of such changes. The FSA
report notes that analysis of the documented cases of fire at sea
indicates that the cause of the accidents is often difficult or
impossible to determine. Although the cargo space is in some cases
identified as the origin of the fire, the originating container is only
identifiable in rare instances, and thus, there is no reliable data on
the involvement of water-reactive materials in these fires.
Additionally, in most cases, fires that start do not exceed the
containment of the container itself and extinguish on their own. These
self-extinguishing fires are usually not detected until the container
is unloaded at its destination and, thus, are rarely documented in any
relation to vessel or mode of shipment.\6\
---------------------------------------------------------------------------

    \5\ International Maritime Organization, 2011. ``Stowage of
Water-Reactive Materials--Report of the Formal Safety Assessment--
Submitted by Germany.'' Report No. SO-ER 2009.267A.
    \6\ Ibid, p. 24.
---------------------------------------------------------------------------

    Regarding the cost of reducing the risk of fire from water-exposure
of water-reactive materials by requiring water-resistant packaging, the
FSA report concluded that the costs in relation to the amount of
affected goods is likely to be high.\7\ However, the FSA expect that
this measure will affect only a small number of goods, which are
transported in small amounts, so that the costs in relation to the
total amount of all transported goods is likely to be low.\8\ PHMSA
recognizes that both the FSA report and our own Regulatory Impact
Analysis lack quantitative data on the true cost of this proposal, as
well as the amount of these hazardous materials currently transported
by vessel. We are specifically soliciting comment addressing any
estimates of the cost of compliance with these amendments and any
quantitative data on the amounts of the commodities affected by this
proposal that are currently offered for transportation by domestic
vessel.
---------------------------------------------------------------------------

    \7\ Ibid. p. 78.
    \8\ Ibid, p. 78.
---------------------------------------------------------------------------

     Special Provision W32: PHMSA proposes adding new special
provision W32 and assigning it to 38 HMT entries identified in Table 6
in the ``Amendments to column (7) special provisions'' section of this
rulemaking. With the addition of this special provision, PHMSA proposes
to require packages assigned this special provision to be hermetically
sealed, except for solid fused material, when offered for
transportation by vessel. The 38 entries to which this addition are
proposed are already required to be packaged in this manner in
accordance with the IMDG Code through a modified PP31 (when compared to
the PP31 mentioned in the W31 discussion above) assigned to various
packing instructions. See the comments in the W31 discussion above for
more discussion on the reasons for this proposed amendment.
     Special Provision W40: PHMSA proposes adding new special
provision W40 and assigning it to 38 HMT entries identified in Table 6
in the ``Amendments to column (7) special provisions'' section of this
rulemaking.

With the addition of this special provision, PHMSA proposes to prohibit
the use of bags when offered for transportation by vessel. See the
comments in the W31 discussion above for more discussion on the reasons
for this proposed amendment.
     Special Provision W100: PHMSA proposes adding new special
provision W100 and assigning it to 27 HMT entries identified in Table 6
in the ``Amendments to the column (7) special provisions'' section of
this rulemaking. With the addition of this special provision, PHMSA
proposes to require flexible, fiberboard, or wooden packagings that are
assigned this special provision to be sift-proof and water-resistant,
or to be fitted with a sift-proof and water-resistant liner. These
proposed amendments are intended to ensure that water-reactive
materials transported by vessel are in packages that provide an
appropriate level of protection from the ingress of water. See the
comments in the W31 discussion above for more discussion on the reasons
for this proposed amendment.
Section 172.407
    Section 172.407 prescribes specifications for labels. On January 8,
2015, PHMSA published a final rule [Docket No. PHMSA-2013-0260 (HM-
215M); 80 FR 1075] that required labels to have a solid line forming
the inner border 5 mm from the outside edge of the label and a minimum
line width of 2 mm. Transitional exceptions were provided allowing
labels authorized prior to this rulemaking to be used until December
31, 2016.
    The rulemaking authorized a reduction in label dimensions and
features if the size of the packaging so requires. This allowance for
reduction in label dimensions, consistent with the requirements for
standard size labels, was contingent on the solid line forming the
inner border remaining 5 mm from the outside edge of the label and the
minimum width of the line remaining 2 mm. PHMSA has become aware that
maintaining these inner border size requirements, while reducing the
size of other label elements, may potentially result in the symbols on
the reduced size labels no longer being identifiable. Consequently, we
are proposing to revise paragraph (c)(i) to remove the existing inner
border size requirements for reduced dimension labels and authorizing
the entire label to be reduced proportionally.
    In the same January 8, 2015 final rule, PHMSA authorized the
continued use of a label in conformance with the requirements of this
paragraph in effect on December 31, 2014, until December 31, 2016.
PHMSA has been made aware that the transition period provided may not
be sufficient to allow the regulated community to implement necessary
changes to business practices or to deplete inventories of previously
authorized labels. PHMSA is proposing to extend the transition date
provided in paragraph (c)(1)(iii) until December 31, 2018 for domestic
transportation in order to provide additional time for implementation
and depletion of existing stocks of labels.
Section 172.447
    PHMSA proposes to create a new section containing a new Class 9
hazard warning label for lithium batteries. The label would consist of
the existing Class 9 label with the addition of a figure depicting a
group of batteries with one broken and emitting a flame in the lower
half. This label would appear on packages containing lithium batteries
required to display hazard warning labels and is intended to better
communicate the specific hazards posed by lithium batteries. This
action is consistent with the most recent editions of the UN Model
Regulations, the ICAO Technical Instructions, and the IMDG Code.
Packages of lithium batteries displaying the existing Class 9 label may
continue to be used until December 31, 2018. We propose this transition
period to allow shippers to exhaust existing stocks of labels and pre-
printed packagings. We are not proposing any modifications to the
existing Class 9 placard or the creation of a Class 9 placard
specifically for cargo transport units transporting lithium batteries.
PHMSA solicits comment on the appropriateness of this transition
period.
Section 172.505
    Section 172.505 details the transport situations that require
subsidiary placarding. Uranium hexafluoride is a volatile solid that
may present both chemical and radiological hazards. It is one of the
most highly soluble industrial uranium compounds and, when airborne,
hydrolyzes rapidly on contact with water to form hydrofluoric acid (HF)
and uranyl fluoride (UO2F2).\9\
---------------------------------------------------------------------------

    \9\ https://www.epa.gov/sites/production/files/2014-11/documents/tsd58.pdf.
---------------------------------------------------------------------------

    As previously discussed in the review of changes to Sec.  172.102,
the UN Sub-Committee determined it necessary that a 6.1 subsidiary
hazard be added to the Dangerous Goods List of uranium hexafluoride
entries. Currently, in addition to the radioactive placard which may be
required by Sec.  172.504(e), each transport vehicle, portable tank, or
freight container that contains 454 kg (1,001 pounds) or more gross
weight of non-fissile, fissile-excepted, or fissile uranium
hexafluoride must be placarded with a corrosive placard on each side
and each end. PHMSA proposes to add a requirement for these shipments
currently requiring corrosive subsidiary placards to also placard with
6.1 poison or toxic placards. PHMSA believes the addition of this
requirement will provide important hazard communication information in
the event of a release of uranium hexafluoride.

Part 173

Section 173.4a
    Section 173.4a prescribes transportation requirements for excepted
packages. In this NPRM, consistent with changes to the UN Model
Regulations, PHMSA proposes to amend paragraph (e)(3) to allow required
absorbent materials to be placed in either the intermediate or outer
packaging. PHMSA believes this change will provide shippers of excepted
packages with increased flexibility in choosing packaging
configurations, while maintaining the current level of safety for the
transportation of these small amounts of hazardous materials.
Section 173.9
    Section 173.9 prescribes requirements for the fumigant marking. In
this NRPM, PHMSA proposes to amend Sec.  173.9 to require that the
fumigant marking and its required information are capable of
withstanding a 30-day exposure to open weather conditions. This
requirement is consistent with the survivability requirements for
placards found in Sec.  172.519. Amendment 38-16 of the IMDG Code was
amended to require the fumigant marking to be capable of surviving
three months immersion in the sea, which is consistent with IMDG Code
requirements for placard survivability. PHMSA believes ensuring that
the fumigant marking and its required information are robust enough to
handle conditions normally incident to transportation will ensure the
proper information is conveyed to those needing it. Therefore, we are
proposing amendments to this section consistent with the survivability
requirements for placards.
Section 173.21
    Section 173.21 describes situations in which the offering for
transport or transportation of materials or packages is forbidden.
Examples include materials designated as ``Forbidden'' in column (3) of
the HMT; electrical

devices that are likely to generate sparks and/or a dangerous amount of
heat; and materials that are likely to decompose or polymerize and
generate dangerous quantities of heat or gas during decomposition or
polymerization. In Sec.  173.21, PHMSA proposes to lower the
temperature threshold at which a polymerizing substance is forbidden
for transport, unless the material is stabilized or inhibited, from 54
[deg]C (130[emsp14][deg]F) to 50 [deg]C (122[emsp14][deg]F) and to
amend the table in paragraph (f)(1) to accommodate the specific
temperature controls applicable to polymerizing substances. This 50
[deg]C (122[emsp14][deg]F) temperature is consistent with existing
requirements for Division 4.1 (Self-reactive) and Division 5.2 (Organic
peroxide) hazardous materials, as well as the 19th Revised Edition of
UN Model Regulations for the transport of polymerizing substances in
packages and IBCs, which requires temperature control in transport if
the SAPT is 45 [deg]C (113[emsp14][deg]F) only for polymerizing
substances offered for transport in portable tanks. We are not
proposing to adopt a different temperature threshold before temperature
control is required for portable tanks transporting polymerizing
substances. At this time, we believe there is not sufficient data to
support a different threshold for polymerizing substances in portable
tanks. Further, we believe maintaining a single SADT/SAPT for
temperature controls for all relevant materials (i.e., self-reactives,
organic peroxides, and polymerizing substances) and all packaging sizes
(i.e., non-bulk, IBC, and bulk) is less confusing for the user.
Section 173.40
    Section 173.40 provides general packaging requirements for toxic
materials packaged in cylinders. In this NPRM, PHMSA proposes to revise
paragraph (a)(1) to clarify that TC, CTC, CRC, and BTC cylinders
authorized in Sec.  171.12, except for acetylene cylinders, may be used
for toxic materials.
Section 173.50
    Section 173.50 provides definitions for the various divisions of
Class 1 (Explosive) materials referenced in part 173 subpart C.
Paragraph (b) of this section notes that Class 1 (Explosive) materials
are divided into six divisions and that the current definition of
Division 1.6 states that ``this division comprises articles which
contain only extremely insensitive substances.'' PHMSA proposes to
amend the definition of Division 1.6 to note that the division is made
up of articles that predominately contain extremely insensitive
substances. Consistent with the recent changes to the UN Model
Regulations, the new definition means that an article does not need to
contain solely extremely insensitive substances to be classified as a
Division 1.6 material.
Section 173.52
    Section 173.52 contains descriptions of classification codes for
explosives assigned by the Associate Administrator. These compatibility
codes consist of the division number followed by the compatibility
group letter. Consistent with changes proposed to Sec.  173.50 and
those made in the UN Model Regulations, PHMSA proposes to amend the
descriptive text for the 1.6N classification code entry in the existing
table in this section to indicate that these explosives are articles
predominantly containing extremely insensitive substances.
Section 173.62
    Section 173.62 provides specific packaging requirements for
explosives. Consistent with the UN Model Regulations, PHMSA proposes to
revise Sec.  173.62 relating to specific packaging requirements for
explosives.
    In paragraph (b), in the Explosives Table, the entry for ``UN 0510,
Rocket motors'' would be added and assigned Packing Instruction 130
consistent with other rocket motor entries.
    In paragraph (c), in the Table of Packing Methods, Packing
Instruction 112(c) would be revised by adding a particular packaging
requirement applicable to UN 0504 requiring that metal packagings must
not be used. It would also be clarified that the prohibition of metal
packagings does not include packagings constructed of other material
with a small amount of metal (e.g., metal closures or other metal
fittings). Packing Instruction 114(b) would be revised to clarify in
the particular packaging requirement applicable to UN 0508 and UN 0509
that the prohibition of metal packagings does not include packagings
constructed of other material with a small amount of metal (i.e., metal
closures or other metal fittings). Packing Instruction 130 would be
revised by adding UN 0510 to the list of large and robust explosives
articles that may be transported unpackaged. PHMSA proposes to add UN
0502 to Packing Instruction P130. This addition corrects an existing
error in the HMR. Packing Instruction 130 is referenced for UN 0502,
but there is no mention of UN 0502 in the actual instruction. Packing
Instruction 137 would be revised by amending the particular packaging
instruction applicable to UN Numbers 0059, 0439, 0440, and 0441 by
replacing the marking requirement ``THIS SIDE UP'' with a reference to
the package orientation marking prescribed in Sec.  172.312(b).
Section 173.121
    Section 173.121 provides criteria for the assignment of packing
groups to Class 3 materials. Paragraph (b)(iv) provides criteria for
viscous flammable liquids of Class 3, such as paints, enamels, lacquers
and varnishes, to be placed in packing group III on the basis of their
viscosity, coupled with other criteria. In this NPRM, and consistent
with the changes to the UN Model regulations, PHMSA proposes to amend
paragraph (b)(iv) to include additional viscosity criteria that can be
used as an alternative where a flow cup test is unsuitable. Many
products of the paint and printing ink industry are thixotropic in
nature, which means that they are viscous at rest but become thinner on
application of shear or agitation (such as stirring or brushing).
During transport these viscous flammable liquids have the potential to
thin under movement, but their viscosity cannot be properly
characterized using a flow cup test since they will not run through the
cup under static conditions. Additionally, PHMSA proposes to include an
explanatory footnote to the existing table of viscosity and flash point
to assist users of the section in determining kinematic viscosity.
Section 173.124
    Section 173.124 outlines defining criteria for Divisions 4.1
(Flammable solid), 4.2 (Spontaneously combustible), and 4.3 (Dangerous
when wet material). Division 4.1 (Flammable solid) includes
desensitized explosives, self-reactive materials, and readily
combustible solids. The UN Model Regulations adopted amendments to
include polymerizing materials to the list of materials that meet the
definition of Division 4.1. Transport conditions for polymerizing
materials are not new under the HMR. Section Sec.  173.21 presently
contains approval provisions for the transport of polymerizing
materials. Unlike the present HMR requirements, the classification
requirements adopted in the UN Model Regulations do not require testing
to determine the rate of vapor production when heated under
confinement. This rate should be the deciding factor when determining
whether a polymerizing substance should be authorized for
transportation in an IBC or portable tank. PHMSA proposes to add
polymerizing materials to the list of materials that meet the
definition of

Division 4.1 with the additional requirement that that polymerizing
substances are only authorized for transport if they pass the UN Test
Series E at the ``None'' or ``Low'' level when tested for heating under
confinement, or other equivalent test method. Given concerns with
potential test equipment issues (i.e., clogging) when subjecting
polymerizing materials to the UN Test Series E, PHMSA solicits comment
on other equivalent test methods.
    Specifically, we propose to add a new paragraph, (a)(4), that
defines polymerizing materials generally and specifies defining
criteria. Polymerizing materials are materials that are liable to
undergo an exothermic reaction resulting in the formation of polymers
under conditions normally encountered in transport. Additionally,
polymerizing materials in Division 4.1 have a self-accelerating
polymerization temperature of 75 [deg]C (167[emsp14][deg]F) or less;
have an appropriate packaging determined by successfully passing the UN
Test Series E at the ``None'' or ``Low'' level or by an equivalent test
method; exhibit a heat of reaction of more than 300 J/g; and do not
meet the definition of any other hazard class.
Section 173.165
    Section 173.165 prescribes the transport and packaging requirements
for polyester resin kits. PHMSA proposes to revise Sec.  173.165 by
adding the requirements for polyester resin kits with a flammable solid
base consistent with the new HMT entry ``UN 3527, Polyester resin kit,
solid base material, 4.1.''
Section 173.185
    Section 173.185 prescribes transportation requirements for lithium
batteries. Paragraph (c) describes alternative packaging and
alternative hazard communication for shipments of up to 8 small lithium
cells or 2 small batteries per package (up to 1 gram per lithium metal
cell, 2 grams per lithium metal battery, 20 Wh per lithium ion cell,
and 100 Wh per lithium ion battery). Specifically, PHMSA proposes to
amend paragraph (c) to require strong outer packagings for small
lithium cells or batteries to be rigid and to replace the current text
markings that communicate the presence of lithium batteries and the
flammability hazard that exists if damaged with a single lithium
battery mark. Additionally, the package must be of adequate size that
the lithium battery mark can be displayed on one side of the package
without folding. PHMSA also proposes to require the lithium battery
mark to appear on packages containing lithium cells or batteries, or
lithium cells or batteries packed with, or contained in, equipment when
there are more than two packages in the consignment. This requirement
would not apply to a package containing button cell batteries installed
in equipment (including circuit boards) or when no more than four
lithium cells or two lithium batteries are installed in the equipment.
We are further clarifying what is meant by the term ``consignment'' by
defining the term used in Sec.  173.185 as one or more packages of
hazardous materials accepted by an operator from one shipper at one
time and at one address, receipted for in one lot and moving to one
consignee at one destination address.
    Under current HMR requirements, a package of cells or batteries
that meets the requirements of Sec.  173.185(c) may be packed in strong
outer packagings that meet the general requirements of Sec. Sec.
173.24 and 173.24a instead of the standard UN performance packaging.
Lithium batteries packed in accordance with Sec.  173.185(c) must be
packed in strong outer packagings that meet the general packaging
requirements of Sec. Sec.  173.24 and 173.24a and be capable of
withstanding a 1.2 meter (3.9 ft) drop test without damage to the cells
or batteries contained in the package, shifting of the contents that
would allow battery to battery or cell to cell contact, or release of
contents. Alternative hazard communication requirements also apply. The
Class 9 label is replaced with text indicating the presence of lithium
batteries; an indication that the package must be handled with care and
that a flammability hazard exists if damaged; procedures to take in the
event of damage; and a telephone number for additional information.
Instead of a shipping paper, the shipper can provide the carrier with
an alternative document that includes the same information as provided
on the package.
    In this NPRM, PHMSA proposes to replace the existing text marking
requirements in Sec.  173.185(c)(3) with a standard lithium battery
mark for use in all transport modes and to remove the requirement in
Sec.  173.185(c)(3) for shippers to provide an alternative document.
The lithium battery mark communicates key information (i.e., the
package contents and that a flammability hazard exists if damaged). The
mark utilizes recognizable symbols that permit transport workers and
emergency responders to quickly ascertain the package contents and take
appropriate action. A single mark that is understood and accepted for
all transport modes will increase the effectiveness. PHMSA proposes a
transition period of December 31, 2018, to provide adequate time for
shippers to transition the new lithium battery mark and exhaust
existing stocks of preprinted packagings or markings. The current
documentation requirement is redundant given the existing marking
requirement and provides minimal additional safety value to that
provided by the mark.
    At the 49th session of UN Sub-Committee, a late design revision to
the lithium battery mark was adopted to authorize the mark on a
background of ``suitable contrasting color'' in addition to white. This
is consistent with design requirements for limited quantity marks and
other marks in the Model Regulations. We are proposing to also allow
the mark on a background of suitable contrasting color in addition to
white.
    Additionally, PHMSA proposes to amend Sec.  173.185(c)(2) to
specify that outer packagings used to contain small lithium batteries
must be rigid and of adequate size so the handling mark can be affixed
on one side without the mark being folded. The HMR currently do not
prescribe minimum package dimensions or specific requirements for
package performance other than the requirements described in Sec. Sec.
173.24 and 173.24a. We are aware of several instances in which either
the package dimensions were not adequate to accommodate the required
marks and labels or the package was not sufficiently strong to
withstand the rigors of transport. These proposals will enhance the
communication and recognition of lithium batteries and better ensure
that packaging is strong enough to withstand normal transport
conditions.
    PHMSA proposes amendments to Sec.  173.185(e) to permit the
transport of prototype and low production runs of lithium batteries
contained in equipment. These proposals are mostly consistent with
amendments adopted into the 19th Revised Edition of the UN Model
Regulations and Amendment 38-16 to the IMDG Code, which authorize the
transportation of prototype and low production runs of lithium
batteries contained in equipment in packaging tested to the PG II
level. The ICAO TI authorizes the transportation of prototype and low
production runs of lithium batteries contained in equipment in
packaging tested to the PG I level. PHMSA proposes to continue to
require prototype and low production batteries to be placed in
packaging tested to the PG I performance level. PHMSA believes that the
higher integrity packaging provides an

additional layer of protection for cells and batteries not otherwise
subjected to the UN design tests.
    Consistent with changes to the UN Model Regulations, the IMDG Code,
and the ICAO Technical Instructions, PHMSA proposes to add new
paragraph (e)(7) to require shipments of low production runs and
prototype lithium batteries to note conformance with the requirements
of Sec.  173.185(e) on shipping papers.
    Additionally, PHMSA proposes amendments to Sec.  173.185(f)(4) to
harmonize with a requirement in the 19th Revised Edition of the UN
Model Regulations that the ``Damaged/defective lithium ion battery''
and/or ``Damaged/defective lithium metal battery'' marking as
appropriate be in characters at least 12 mm (.47 inch) high.
Section 173.217
    Section 173.217 establishes packaging requirements for dry ice
(carbon dioxide, solid). Paragraph (c) prescribes additional packaging
requirements for air transport. Consistent with the ICAO Technical
Instructions, in this NPRM, PHMSA proposes to remove the term ``other
type of pallet'' in paragraph (c)(3) that excepts dry ice being used as
a refrigerant for other non-hazardous materials from the quantity
limits per package shown in columns (9A) and (9B) of the Sec.  172.101
HMT.
    A working paper submitted to the October 2014 ICAO Dangerous Goods
Panel meeting noted that the term ``other type of pallet'' was used in
conjunction in various parts of the ICAO Technical Instructions with
the terms ``package,'' ``overpack,'' or ``unit load device,'' which
were all defined in the ICAO Technical Instructions. The ICAO Technical
Instructions do not have a specific definition for ``other type of
pallet,'' as the term is understood to represent devices that are
widely used in transport, such as wooden skids or pallets that allow
the use of a forklift for ease of moving packages around and to prevent
damage to the contents of the skid or pallet. The definition for
``overpack'' already addresses the intent of the term ``other type of
pallet,'' so it was agreed that the term ``other type of pallet'' was
redundant and that references to it would be removed.
Section 173.220
    Section 173.220 prescribes transportation requirements and
exceptions for internal combustion engines, vehicles, machinery
containing internal combustion engines, battery-powered equipment or
machinery, and fuel cell-powered equipment or machinery. The UN Model
Regulations adopted amendments to the existing UN 3166 engine and
vehicle entries during the last biennium. These changes are
continuations of efforts undertaken by the UN Sub-Committee to ensure
appropriate hazard communication is provided for engines containing
large quantities of fuels.
    The 17th Edition of the UN Model Regulations added special
provision 363, which required varying levels of hazard communication
depending on the type and quantity of fuel present, in attempts to
ensure the hazards associated with engines containing large quantities
of fuel were sufficiently communicated. PHMSA did not adopt the
provisions found in special provision 363 at the time they were
introduced.
    As previously discussed in the review of the new proposed HMT
entries, the existing UN 3166 identification number was maintained for
the various vehicle entries in the Model Regulations, and three new UN
identification numbers and proper shipping names were created for
engines or machinery internal combustion and were assigned a hazard
classification based on the type of fuel used. The three new UN numbers
and proper shipping names are as follows: A Class 3 entry ``UN 3528,
Engine, internal combustion engine, flammable liquid powered, or Engine
fuel cell, flammable liquid powered, or Machinery, internal combustion,
flammable liquid powered, or Machinery, fuel cell, flammable liquid
powered''; a Division 2.1 entry ``UN 3529, Engine, internal combustion
engine, flammable gas powered, or Engine fuel cell, flammable gas
powered, or Machinery, internal combustion, flammable gas powered, or
Machinery, fuel cell, flammable gas powered''; and a Class 9 entry ``UN
3530, Engine, internal combustion, or Machinery, internal combustion.''
    Consistent with the UN Model Regulations, PHMSA proposes to add to
the HMR the new UN identification numbers and proper shipping names for
engines and machinery. PHMSA proposes to maintain the existing
transportation requirements and exceptions for engines and machinery
found in Sec.  173.220 for all modes of transportation other than
vessel. To harmonize as closely as possible with Amendment 38-16 of the
IMDG Code, PHMSA proposes the following amendments to Sec.  173.220:
Amending paragraph (b)(1) to include a reference to engines powered by
fuels that are marine pollutants but do not meet the criteria of any
other Class or Division; amending paragraph (b)(4)(ii) to include a
reference to the proposed new Sec.  176.906 containing requirements for
shipments of engines or machinery offered for transportation by vessel;
amending paragraph (d) to authorize the transportation of securely
installed prototype or low production run lithium batteries in engines
and machinery by modes of transportation other than air; and adding
paragraph (h)(3) to include references to existing and proposed
exceptions for vehicles, engines, and machinery in Sec. Sec.  176.905
and 176.906.
    ICAO adopted a provision that requires battery powered vehicles
that could be handled in other than an upright position to be placed
into a strong rigid outer package. ICAO adopted this provision to
ensure that small vehicles, particularly those powered by lithium
batteries are adequately protected from damage during transport. PHMSA
proposes to amend paragraphs (c) and (d) consistent with this
requirement. While this international requirement is specific to air
transport, we believe there is benefit to applying this requirement for
transportation by all transport modes.
Section 173.221
    Section 173.221 prescribes the packaging requirements for Polymeric
beads (or granules), expandable, evolving flammable vapor. PHMSA
proposes to add a procedure for declassification of polymeric beads,
expandable. This exception is proposed to differentiate between
polymeric beads made of materials that may present a risk for formation
of a flammable atmosphere in a package and those that do not. When it
can be demonstrated that no flammable vapor, resulting in a flammable
atmosphere, is evolved by utilizing test U1--the test method for
substances liable to evolve flammable vapors--of part III, sub-section
38.4.4 of the UN Manual of Tests and Criteria, polymeric beads,
expandable need not be classed as Class 9 (UN 2211).
Section 173.225
    Section 173.225 prescribes packaging requirements and other
provisions for organic peroxides. Consistent with the UN Model
Regulations, PHMSA proposes to revise the Organic Peroxide Table in
paragraph (c) by amending the entries for: ``Dibenzoyl peroxide,''
``tert-Butyl cumyl peroxide,'' ``Dicetyl peroxydicarbonate,'' and
``tert-Butyl peroxy-3,5,5-trimethylhexanoate.'' We propose to revise
the Organic Peroxide IBC Table in paragraph (e) to maintain alignment
with the UN Model Regulations by adding new entries for ``tert-Butyl
cumyl peroxide'' and

``1,1,3,3-Tetramethylbutyl peroxy-2-ethylhexanoate, not more than 67%,
in diluent type A'' and adding a type 31HA1 IBC authorization to the
existing entry for ``Di-(2-ethylhexyl) peroxydicarbonate, not more than
62%, stable dispersion, in water.'' We are republishing the complete
Organic Peroxide and Organic Peroxide IBC tables to ensure the proposed
revisions are correctly inserted and adding the missing ``UN'' code to
several identification numbers assigned to existing entries in the
Organic Peroxide Table.
Section 173.301b
    Section 173.301b contains additional general requirements for
shipment of UN pressure receptacles. PHMSA proposes to amend paragraph
(a)(2) to include the most recent ISO standard for UN pressure
receptacles and valve materials for non-metallic materials in ISO
11114-2:2013. Additionally, we propose to amend paragraph (c)(1) to
include the most recent ISO standard on cylinder valves ISO 10297:2014.
This paragraph also contains end dates for when the manufacture of
cylinders and service equipment is no longer authorized in accordance
with the outdated ISO standard. Finally, we propose to amend Sec.
173.301b(g) to amend a reference to marking requirements for composite
cylinders used for underwater applications. The current reference to
the ``UW'' marking in Sec.  173.301b(g) direct readers to Sec.
178.71(o)(17). The correct reference for the ``UW marking is Sec.
178.71(q)(18). We propose to make this editorial change in this NPRM.
Section 173.303
    Section 173.303 prescribes requirements for charging of cylinders
with compressed gas in solution (acetylene). PHMSA proposes to amend
paragraph (f)(1) to require UN cylinders for acetylene use to comply
with the current ISO standard ISO 3807:2013. This paragraph also
contains end dates for when the manufacture of cylinders and service
equipment is no longer authorized in accordance with the outdated ISO
standard.
Section 173.304b
    Section 173.304b prescribes filling requirements for liquefied
gases in UN pressure receptacles. The UN Model Regulations amended
packing instruction P200 by adding requirements for liquefied gases
charged with compressed gases. In this NPRM, PHMSA proposes to amend
Sec.  173.304b specifically by adding a new paragraph (b)(5) to include
filling limits when a UN cylinder filled with a liquefied gas is
charged with a compressed gas. We are not proposing similar filling
limits for DOT specification cylinders filled with a liquefied gas and
charged with a compressed gas, as we feel the situation is adequately
addressed by the requirements found in Sec.  173.301(a)(8).
Section 173.310
    Section 173.310 provides the transport conditions for certain
specially designed radiation detectors containing a Division 2.2 (Non-
flammable) gas. The 19th Revised Edition of the UN Model Regulations
added a new special provision 378 applicable to radiation detectors
containing certain Division 2.2 gases. Special provision 378 outlines
conditions for the use of a non-specification pressure receptacle and
strong outer packaging requirements. As Sec.  173.310 currently
prescribes similar transport conditions for radiation detectors
containing Division 2.2 gases, we are not proposing to add a new
special provision.
    Consistent with special provision 378 of the UN Model Regulations,
PHMSA proposes the following revisions to the transport conditions in
Sec.  173.310: [1] In the section header, clarify that Division 2.2
gases must be in non-refillable cylinders; [2] in (b), increase the
maximum design pressure from 4.83 MPa (700 psig) to 5.00 MPa (725 psig)
and increase the capacity from 355 fluid ounces (641 cubic inches) to
405 fluid ounces (731 cubic inches); [3] in new paragraph (d), require
specific emergency response information to accompany each shipment and
be available from the associated emergency response telephone number;
[4] in new paragraph (e), require that transport in accordance with
this section be noted on the shipping paper; and [5] in new paragraph
(f), except radiation detectors, including detectors in radiation
detection systems, containing less than 1.69 fluid ounces (50 ml)
capacity, from the requirements of the subchapter if they conform to
(a) through (d) of this section.
Section 173.335
    Section 173.335 contains requirements for cylinders filled with
chemicals under pressure. The 19th Revised Edition of the UN
Recommendations includes new instructions in P200 and P206 on how to
calculate the filling ratio and test pressure when a liquid phase of a
fluid is charged with a compressed gas. PHMSA proposes to revise the
requirements of Sec.  173.335 for chemical under pressure n.o.s. to
include a reference to Sec.  173.304b, which specifies additional
requirements for liquefied compressed gases in UN pressure receptacles.
In another proposed amendment in this NPRM, PHMSA proposes to amend
Sec.  173.304b specifically by adding a new paragraph (b)(5) to include
these filling and test pressure requirements consistent with the UN
Recommendations.
Part 175
Section 175.10
    Section 175.10 specifies the conditions for which passengers, crew
members, or an operator may carry hazardous materials aboard an
aircraft. Paragraph (a)(7) permits the carriage of medical or clinical
mercury thermometers, when carried in a protective case in carry-on or
checked baggage. Consistent with revisions to the ICAO Technical
Instructions, in this NPRM, PHMSA proposes to revise paragraph (a)(7)
by limiting thermometers containing mercury to checked baggage only.
This revision was based on a proposal submitted to the ICAO DGP/25
meeting that highlighted two incidents involving leakage of mercury
from thermometers carried in the cabin and addressed the cost and
difficult process of cleaning a spill. The proposal noted that digital
thermometers had become widely available, and as such, there was no
longer a need to allow mercury thermometers in the cabin or cockpit.
The Panel discussed whether mercury thermometers should also be banned
from checked baggage but agreed to retain the provision for checked
baggage on the basis that there were parts of the world where their use
was more prevalent.
Section 175.25
    Section 175.25 prescribes the notification that operators must
provide to passengers regarding restrictions on the types of hazardous
material they may or may not carry aboard an aircraft on their person
or in checked or carry-on baggage. Passenger notification of hazardous
materials restrictions addresses the potential risks that passengers
can introduce on board aircraft. PHMSA's predecessor, the Materials
Transportation Bureau, introduced passenger notification requirements
in 1980 [Docket No. HM-166B; 45 FR 13087]. Although this section had
been previously amended to account for ticket purchase or check-in via
the Internet, new technological innovations have continued to outpace
these provisions. Notwithstanding the

several rounds of revisions, the rule remains unduly prescriptive.
    The 2017-2018 ICAO Technical Instructions has removed prescriptive
requirements concerning how the information concerning dangerous goods
that passengers are forbidden to transport are required to be conveyed
to passengers by removing references to ``prominently displayed'' and
``in sufficient numbers.'' Additional ICAO Technical Instructions
changes include removal of prescriptive requirements that the
information be in ``text or pictorial form'' when checking in remotely,
or ``pictorial form'' when not checking in remotely. ICAO's decision to
move to a performance-based requirement will account for changes in
technology as well as the unique characteristics of some air carrier
operations. ICAO noted that these provisions lagged behind the latest
technology and could sometimes hinder the effectiveness and efficiency
of notifying passengers about hazardous materials. To account for the
utilization of different technologies as well as air carrier specific
differences in operating or business practices, ICAO adopted changes
that require air carriers to describe their procedures for informing
passengers about dangerous goods in their operations manual and/or
other appropriate manuals.
    PHMSA agrees with this approach and proposes to harmonize with the
amendments made to the ICAO Technical Instructions part 7; 5.1.
Harmonization is appropriate not only to account for evolving
technologies or air carrier specific conditions, but also because we
believe that this amendment will result in a more effective
notification to passengers.
    Under the proposed revisions to Sec.  175.25, in accordance with 14
CFR parts 121 and 135, air carriers operating under 14 CFR parts 121 or
135 will need to describe in an operations manual and/or other
appropriate manuals in accordance with the applicable provisions of 14
CFR. The manual(s) will be required to provide procedures and
information necessary to allow personnel to implement and maintain
their air carrier's specific passenger notification system. Aside from
the manual provisions, all persons engaging in for hire air
transportation of passengers will continue to be subject to Sec.
175.25.
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. The pilot notification requirements of part
7;<IP_ADDRESS> of the ICAO Technical Instructions include an exception for
consumer commodities (ID8000) to allow for the average gross mass of
the packages to be shown instead of the actual gross mass of each
individual package. This exception is limited to consumer commodities
offered to the operator by the shipper in a unit load device (ULD).
Consistent with the ICAO Technical Instructions packing instruction
applicable to consumer commodities (PI Y963), which permits the shipper
to show on the shipping paper either the actual gross mass of each
package or the average gross mass of all packages in the consignment,
the notification to the pilot-in-command requirement for consumer
commodities was revised to remove the exception applicability to ULDs
only. This exception did not previously exist under the HMR. In this
NPRM, PHMSA proposes to revise Sec.  175.33(a)(3) by adding the text
``For consumer commodities, the information provided may be either the
gross mass of each package or the average gross mass of the packages as
shown on the shipping paper.'' This revision would align the consumer
commodity notification of the pilot-in-command requirements in the HMR
with the ICAO Technical Instructions.
Section 175.900
    Section 175.900 prescribes the handling requirements for air
carriers that transport dry ice. Consistent with the ICAO Technical
Instructions, PHMSA proposes to remove the term ``other type of
pallet'' with regard to packages containing dry ice prepared by a
single shipper. See ``Section 173.217'' of this rulemaking for a
detailed discussion of the proposed revision.

Part 176

Section 176.83
    Section 176.83 prescribes segregation requirements applicable to
all cargo spaces on all types of vessels and to all cargo transport
units. Paragraph (a)(4)(ii) has several groups of hazardous materials
of different classes, which comprise a group of substances that do not
react dangerously with each other and that are excepted from the
segregation requirements of Sec.  176.83. Consistent with changes made
in Amendment 38-16 of the IMDG Code, PHMSA proposes to add a new group
of hazardous materials that do not react dangerously with each other to
this paragraph. The following materials are proposed for new paragraph
(a)(4)(ii)(C); ``UN 3391, Organometallic substance, solid,
pyrophoric''; ``UN 3392, Organometallic substance, liquid,
pyrophoric''; ``UN 3393, Organometallic substance, solid, pyrophoric,
water-reactive''; ``UN 3394, Organometallic substance, liquid,
pyrophoric, water-reactive''; ``UN 3395, Organometallic substance,
solid, water-reactive''; ``UN 3396, Organometallic substance, solid,
water-reactive, flammable''; ``UN 3397, Organometallic substance,
solid, water-reactive, self-heating''; ``UN 3398, Organometallic
substance, liquid, water-reactive''; ``UN 3399, Organometallic
substance, liquid, water-reactive, flammable''; and ``UN 3400,
Organometallic substance, solid, self-heating.''
Section 176.84
    Section 176.84 prescribes the meanings and requirements for
numbered or alpha-numeric stowage provisions for vessel shipments
listed in column (10B) of the Sec.  172.101 HMT. The provisions in
Sec.  176.84 are broken down into general stowage provisions, which are
defined in the ``table of provisions'' in paragraph (b), and the
stowage provisions applicable to vessel shipments of Class 1
explosives, which are defined in the table to paragraph (c)(2). PHMSA
proposes to create a new stowage provision 149 and assign it to the new
UN 3528 engines or machinery powered by internal combustion engine
flammable liquid entry. This new stowage provision will require engines
or machinery containing fuels with a flash point equal or greater than
23 [deg]C (73.4 [deg]F) to be stowed in accordance with the stowage
requirements of stowage Category A. Engines and machinery containing
fuels with a flash point less than 23 [deg]C (73.4 [deg]F) are required
to comply with the requirements of stowage Category E.
    Additionally, consistent with Amendment 38-16 of the IMDG Code,
PHMSA proposes to create a new stowage provision 150 to replace
existing stowage provision 129 for ``UN 3323, Radioactive material, low
specific activity (LSA-III) non fissile or fissile excepted.'' This
proposed new stowage provision requires that any material that is
classified as UN 3323, which is either uranium metal pyrophoric or
thorium metal pyrophoric, be stowed in accordance with stowage Category
D requirements.
Section 176.905
    Section 176.905 prescribes transportation requirements and
exceptions for vessel transportation of motor vehicles and mechanical
equipment. PHMSA proposes to revise Sec.  176.905 to update the
transport

requirements and exceptions for vehicles transported by vessel. These
changes are necessary to remove references to machinery (see proposed
Sec.  176.906) and to maintain consistency with changes made in
Amendment 38-16 of the IMDG Code.
    The following changes are proposed to the transport requirements
for vehicles transported by vessel: [1] In paragraph (a)(2) for
flammable liquid powered vehicles, the requirement that flammable
liquid must not exceed 250 L (66 gal) unless otherwise approved by the
Associate Administrator; [2] in paragraph (a)(4), the authorization to
transport vehicles containing prototype or low production run batteries
securely installed in vehicles; [3] also in paragraph (a)(4), the
requirement that damaged or defective lithium batteries must be removed
and transported in accordance with Sec.  173.185(f); and [4] in
paragraph (i)(1)(i), the inclusion of text to ensure lithium batteries
in vehicles stowed in a hold or compartment designated by the
administration of the country in which the vessel is registered as
specially designed and approved for vehicles have lithium batteries
that have successfully passed the tests found in the UN Manual of Tests
and Criteria (except for prototypes and low production runs).
Section 176.906
    Consistent with changes made in Amendment 38-16 of the IMDG Code,
PHMSA proposes the creation of a new section Sec.  176.906 to prescribe
transportation requirements for engines and machinery. Requirements
found in paragraphs (a)-(h) are identical to existing requirements for
engines and machinery contained in Sec.  176.905, and their
reproduction in this section is made necessary by the splitting of the
provisions for engines/machinery and vehicles. Paragraph (i) contains
exceptions that are divided into two separate categories: [1] Engines
and machinery meeting one of the conditions provided in (i)(1), which
are not subject to the requirements of subchapter C of the HMR; and [2]
engines and machinery not meeting the conditions provided in (i)(1),
which are subject to the requirements found in (i)(2) that prescribe
general conditions for transport and varying degrees of hazard
communication required for engines and machinery based on the actual
fuel contents and capacity of the engine or machinery.
    A summary of the proposed hazard communication requirements for
vessel transportation of engines and machinery that are not empty of
fuel based on fuel content and capacity are provided in Tables 8 and 9.
The additional hazard communication requirements column indicates
requirements that would differ from existing hazard communication
requirements for engines or machinery.

      Table 8--Liquid Fuels Class 3 (UN 3528) and Class 9 (UN 3530)
------------------------------------------------------------------------
                                                       Additional hazard
            Contents                   Capacity          communication
                                                         requirements
------------------------------------------------------------------------
<=60 L..........................  Unlimited.........  Transport
                                                       Document.
>60 L...........................  Not more than 450   Label, Transport
                                   L.                  Document.
>60 L...........................  More than 450 L     Labeled on two
                                   but not more than   opposing sides,
                                   3000 L.             Transport
                                                       Document.
>60 L...........................  More than 3000 L..  Placarded on two
                                                       opposing sides,
                                                       Transport
                                                       Document.
------------------------------------------------------------------------

              Table 9--Gaseous Fuels Division 2.1 (UN 3529)
------------------------------------------------------------------------
                                         Additional hazard communication
             Water capacity                        requirements
------------------------------------------------------------------------
Not more than 450 L....................  Label, Transport Document.
More than 450 L but not more than 1000   Labeled on two opposing sides,
 L.                                       Transport Document.
More than 1000 L.......................  Placarded on two opposing
                                          sides, Transport Document.
------------------------------------------------------------------------

Part 178

Section 178.71
    Section 178.71 prescribes specifications for UN pressure
receptacles. Consistent with the UN Model Regulations, PHMSA proposes
to amend paragraphs (d)(2), (h), (k)(2), and (l)(1) to reflect the
adoption of the latest ISO standards for the design, construction, and
testing of gas cylinders and their associated service equipment. In
paragraph (l)(1), we propose to require that composite cylinders be
designed for a design life of not less than 15 years, as well as that
composite cylinders and tubes with a design life longer than 15 years
must not be filled after 15 years from the date of manufacture, unless
the design has successfully passed a service life test program. The
service life test program must be part of the initial design type
approval and must specify inspections and tests to demonstrate that
cylinders manufactured accordingly remain safe to the end of their
design life. The service life test program and the results must be
approved by the competent authority of the country of approval that is
responsible for the initial approval of the cylinder design. The
service life of a composite cylinder or tube must not be extended
beyond its initial approved design life. These paragraphs also contain
proposed end dates for when the manufacture of cylinders and service
equipment is no longer authorized in accordance with the outdated ISO
standard.
    Additionally, consistent with the UN Model Regulations, PHMSA
proposes to revise paragraph (o)(2) to adopt the current ISO standard
relating to material compatibility and to add paragraph (g)(4) to adopt
the current ISO standard relating to design, construction, and testing
of stainless steel cylinders with an Rm value of less than 1,100 MPa.
    Finally, we propose to revise paragraphs (q) and (r) to indicate
the required markings for composite cylinders and tubes with a limited
design life of 15 years or for cylinders and tubes with a design life
greater than 15 years, or a non-limited design life.
Section 178.75
    Section 178.75 contains specifications for Multiple-element gas
containers (MEGCs). Consistent with the UN Model Regulations, PHMSA
proposes to renumber existing paragraph (d)(3)(iv) as (d)(3)(v) and to
add a new paragraph (d)(3)(iv) to incorporate ISO 9809-

4:2014 for stainless steel cylinders with an Rm value of less than
1,100 MPa.
Section 178.1015
    Section 178.1015 prescribes general standards for the use of
flexible bulk containers (FBCs). Consistent with changes to the UN
Model Regulations, PHMSA proposes to revise paragraph (f) to require
that FBCs be fitted with a vent that is designed to prevent the ingress
of water in situations where a dangerous accumulation of gases may
develop absent such a vent. It is our understanding that only one
particular material authorized for transportation in FBCs--UN3378,
Sodium carbonate peroxyhydrate--is known to decompose causing a
dangerous accumulation of gas.

Part 180

Section 180.205
    Section 180.205 outlines general requirements for requalification
of specification cylinders. PHMSA proposes an amendment to paragraph
(c) to require that Transport Canada cylinders be requalified and
marked in accordance with the Transport Canada TDG Regulations. This
amendment is necessary to ensure that RIN holders utilize the TDG
Regulations when requalifying and marking Transport Canada cylinders.
Section 180.207
    Section 180.207 prescribes requirements for requalification of UN
pressure receptacles. Consistent with changes to the UN Model
Regulations, PHMSA proposes to revise paragraph (d)(3) to incorporate
ISO 10462:2013 concerning requalification of dissolved acetylene
cylinders. This paragraph also includes an authorization to requalify
acetylene cylinders in accordance with the current ISO standard until
December 31, 2018.
Section 180.413
    Section 180.413 provides the requirements for the repair,
modification, stretching, rebarrelling, or mounting of specification
cargo tanks. Currently, Sec.  180.413(a)(1) requires that each repair
of a specification cargo tank must be performed by a repair facility
holding a valid National Board Certificate of Authorization for use of
the National Board ``R'' stamp and must be made in accordance with the
edition of the National Board Inspection Code in effect at the time the
work is performed. ``Repair'' is defined in Sec.  180.403 as any
welding on a cargo tank wall done to return a cargo tank or a cargo
tank motor vehicle to its original design and construction
specification, or to a condition prescribed for a later equivalent
specification in effect at the time of the repair. As discussed in the
``Harmonization Proposals in this NPRM'' section, stakeholders
participating in the U.S.-Canada RCC identified this requirement as
being burdensome to United States carriers who also operate in Canada.
In accordance with the Transport Canada TDG Regulations, a facility in
Canada can perform a repair on a specification cargo tank if it holds
either a valid National Board Certificate of Authorization for use of
the National Board ``R'' stamp or a valid Certificate of Authorization
from a provincial pressure vessel jurisdiction for repair. The latter
authorization becomes problematic for United States carriers requiring
the repair of a DOT specification cargo tank while in Canada. Section
180.413 currently only authorizes the repair of a DOT specification
cargo tank by a facility holding a valid National Board Certificate of
Authorization for use of the National Board ``R'' stamp. If a DOT
specification cargo tank is repaired in Canada at a facility holding a
Certificate of Authorization from a provincial pressure vessel
jurisdiction for repair and not a National Board Certificate of
Authorization for use of the National Board ``R'' stamp, the DOT
specification of the cargo tank is placed in jeopardy.
    Based on this input from RCC stakeholders, PHMSA conducted a
comparison of the HMR requirements for the repair of specification
cargo tanks and the corresponding requirements of the Transport Canada
TDG Regulations. PHMSA finds that the requirements for the repair of a
specification cargo tank conducted in accordance with the Transport
Canada TDG Regulations by a facility in Canada holding a valid
Certificate of Authorization from a provincial pressure vessel
jurisdiction for repair provides for at least an equivalent level of
safety as those provided by the HMR. Further, the Transport Canada TDG
Regulations authorize the repair of TC specification cargo tanks by
facilities in the U.S. that are registered in accordance with part 107
subpart F.
    Accordingly, PHMSA proposes to expand the authorization for the
repair of DOT specification cargo tanks by revising Sec.
180.413(a)(1). Specifically, PHMSA proposes to add a new subparagraph
(iii) authorizing a repair, as defined in Sec.  180.403, of a DOT
specification cargo tank used for the transportation of hazardous
materials in the United States performed by a facility in Canada in
accordance with the Transport Canada TDG Regulations, provided the
facility holds a valid Certificate of Authorization from a provincial
pressure vessel jurisdiction for repair; the facility is registered in
accordance with the Transport Canada TDG Regulations to repair the
corresponding TC specification; and all repairs are performed using the
quality control procedures used to obtain the Certificate of
Authorization.
    PHMSA also proposes an incidental revision to Sec.  180.413(b) to
except facilities in Canada that perform a repair in accordance with
the proposed Sec.  180.413(a)(1)(iii) from the requirement that each
repair of a cargo tank involving welding on the shell or head must be
certified by a Registered Inspector. The Transport Canada TDG
Regulations provide requirements for the oversight of welding repairs
and do not use the term ``Registered Inspector.''
    These proposed provisions would not place any additional financial
or reporting burden on U.S. companies. Rather, the enhanced regulatory
reciprocity between the United States and Canada as a result of these
provisions would provide the companies with additional flexibility and
cost savings due to necessary opportunities for obtaining repairs to
DOT specification cargo tanks in Canada.
    See the review of Sec.  107.502 for the discussion of a related
proposal.
Section 180.605
    Section 180.605 prescribes requirements for the qualification of
portable tanks. Consistent with the UN Model Regulations, PHMSA
proposes an amendment to paragraph (g)(1) to require as a part of
internal and external examination that the wall thickness must be
verified by appropriate measurement if this inspection indicates a
reduction of wall thickness. This proposed amendment would require the
inspector to verify that the shell thickness is equal to or greater
than the minimum shell thickness indicated on the portable tanks metal
plate (see Sec.  178.274(i)(1)).

VII. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This proposed rule is published under the statutory authority of
Federal hazardous materials transportation law (49 U.S.C. 5101 et
seq.). Section 5103(b) of Federal hazmat law authorizes the Secretary
of Transportation to prescribe regulations for the safe transportation,
including security, of hazardous materials in intrastate, interstate,
and foreign commerce. This proposed rule

amends regulations to maintain alignment with international standards
by incorporating various amendments, including changes to proper
shipping names, hazard classes, packing groups, special provisions,
packaging authorizations, air transport quantity limitations and vessel
stowage requirements. To this end, the proposed rule amends the HMR to
more fully align with the biennial updates of the UN Model Regulations,
the IMDG Code, and the ICAO Technical Instructions.
    Harmonization serves to facilitate international commerce, while
also promoting the safety of people, property, and the environment by
reducing the potential for confusion and misunderstanding that could
result if shippers and transporters were required to comply with two or
more conflicting sets of regulatory requirements. While the intent of
this rulemaking is to align the HMR with international standards, we
review and consider each amendment based on its own merit, on its
overall impact on transportation safety, and on the economic
implications associated with its adoption into the HMR. Our goal is to
harmonize internationally without sacrificing the current HMR level of
safety or imposing undue burdens on the regulated community. Thus, as
explained in the corresponding sections above, we are not proposing
harmonization with certain specific provisions of the UN Model
Regulations, the IMDG Code, and the ICAO Technical Instructions.
Moreover, we are maintaining a number of current exceptions for
domestic transportation that should minimize the compliance burden on
the regulated community. Additionally, the following external agencies
were consulted in the development of this rule: Federal Aviation
Administration, Federal Motor Carrier Safety Administration, Federal
Railroad Administration, U.S. Coast Guard.
    Section 49 U.S.C. 5120(b) of Federal hazmat law authorizes the
Secretary to ensure that, to the extent practicable, regulations
governing the transportation of hazardous materials in commerce are
consistent with standards adopted by international authorities. This
rule proposes to amend the HMR to maintain alignment with international
standards by incorporating various amendments to facilitate the
transport of hazardous material in international commerce. To this end,
as discussed in detail above, PHMSA proposes to incorporate changes
into the HMR based on the 19th Revised Edition of the UN Model
Regulations, Amendment 38-16 to the IMDG Code, and the 2017-2018
Edition of the ICAO Technical Instructions, which become effective
January 1, 2017. The large volume of hazardous materials transported in
international commerce warrants the harmonization of domestic and
international requirements to the greatest extent possible.

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

    This notice is not considered a significant regulatory action under
section 3(f) of Executive Order 12866 (``Regulatory Planning and
Review'') and, therefore, was not reviewed by the Office of Management
and Budget. This notice is not considered a significant rule under the
Regulatory Policies and Procedures of the Department of Transportation
(44 FR 11034). Additionally, Executive Order 13563 (``Improving
Regulation and Regulatory Review'') supplements and reaffirms Executive
Order 12866, stressing that, to the extent permitted by law, an agency
rulemaking action must be based on benefits that justify its costs,
impose the least burden, consider cumulative burdens, maximize
benefits, use performance objectives, and assess available
alternatives.
Benefits to Harmonization
    General Harmonization Benefit: In an earlier regulatory
evaluation,\10\ PHMSA estimated a proxy for benefits of harmonization
of the HMR with international standards of $87.9 million. We estimated
this number by multiplying a hazard communication cost per dollar of
hazardous materials output ($0.001) by the value of hazardous materials
involved in international trade, as estimated by the proportion of
trade (the total of gross imports and gross exports) in the fuels and
lubricants, chemicals, and medicinal/dental/pharmaceutical products
industries ($879 billion in 2013) \11\ that are hazardous products
(approximately 10 percent).
---------------------------------------------------------------------------

    \10\ HM-215M: Hazardous Materials: Harmonization with
International Standards (RRR), Final Rule, 80 FR 1075, January 8,
2015.
    \11\ As reported in the quarterly trade data of the U.S. Bureau
of Economic Analysis, available at: http://www.bea.gov/international/detailed_trade_data.htm.
---------------------------------------------------------------------------

    For estimating benefits of this proposed rule, we follow a nearly
identical approach, while acknowledging there is an inherent
imprecision of benefits, and update the data and assumptions where
possible. Unlike in the last regulatory evaluation, 2012 Commodity Flow
Survey (CFS) data on hazardous materials is now available. According to
the 2012 CFS, $13,852,143 million worth of commodities were transported
in the U.S. in 2012, of which $2,334,425 million worth were hazardous
(or 16.9 percent).\12\
---------------------------------------------------------------------------

    \12\ http://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/publications/commodity_flow_survey/2012/hazardous_materials/index.html.
---------------------------------------------------------------------------

    However, we acknowledge that the estimated 16.9 percent proportion
of total shipment values classed as hazardous materials may have had a
high-side bias due to the variety of different classes of products
classified as hazardous. The percentage of shipments properly
classified as hazardous--particularly for medicinal/dental/
pharmaceutical products--is likely lower, which for the purpose of this
analysis we assume to be 10 percent.
    We update our estimate of value of hazardous materials involved in
international trade by using U.S. trade in goods seasonally adjusted,
Census-based total gross imports, and gross exports in the fuels and
lubricants, chemicals, and medicinal/dental/pharmaceutical products
industries for 2015, which is the most recent year available.
     Gross imports: $451.8 billion (rounded).
    [cir] Fuels and lubricants: $198.217 billion.
    [cir] Chemicals: $73.304 billion.
    [cir] Medicinal/dental/pharmaceutical products: $180.280 billion.
     Gross exports: $281.6 billion (rounded).
    [cir] Fuels and lubricants: $115.013 billion.
    [cir] Chemicals: $111.492 billion.
    [cir] Medicinal/dental/pharmaceutical products: $55.046 billion.
     Gross imports plus gross exports: $733.4 billion.\13\
---------------------------------------------------------------------------

    \13\ Bureau of Economic Analysis, U.S. Department of Commerce,
U.S. Trade in Goods (IDS-0008), available at: http://www.bea.gov/international/detailed_trade_data.htm.
---------------------------------------------------------------------------

    Multiplying this $733.4 billion figure by the estimated proportion
of annual trade in these three industries that are hazardous products
(10 percent) by the average hazard communication cost per dollar of
hazardous materials produced in the United States ($0.001) results in
an estimate of benefits from general harmonization of about $73.3
million annually, rounded.
    If the HMR are not harmonized with international standards, we
estimate that it will cost U.S. companies an additional $73.3 million
per year to comply with both the domestic and international standards.
Harmonizing the HMR with the international

standards, however, will avert these $73.3 million in additional costs,
making them the primary benefit attributable to this rulemaking.
    RCC Initiatives: PHMSA believes that recognition under the HMR of
Transport Canada cylinders, equivalency certificates, and cargo tanks
would not result in any significant costs but would instead provide
benefits in flexibility to cylinder users, shipments of hazardous
materials made under an equivalency certificate to the U.S., and
certain U.S.-based cargo tank motor vehicle operators requiring repairs
while in Canada. We do not believe there is currently a basis for
reliably estimating quantitatively the benefits of the cylinder and
equivalency certificate provisions of this proposed rule. However, we
welcome and specifically solicit data available to commenters to more
accurately estimate benefits quantitatively. With regard to all three
RCC proposed amendments, PHMSA believes that aligning regulatory
approaches between Canada and the United States can spur economic
growth and job creation in both nations, facilitate trade, and still
maintain appropriate safety standards. Preliminary analysis indicates
that the total annual benefit of the cargo tank RCC provisions proposed
in this rulemaking would be $6,555,234 per year (for the high estimate
of U.S.-made cargo tanks affected), $779,337 per year (for the middle
estimate), or $693,804 per year (for the low estimate). Please see the
Regulatory Impact Analysis (RIA) for this rulemaking action for a
detailed discussion of the benefits of recognizing cargo tank repairs
made in Canadian facilities.
Costs of Harmonization
    Please see the RIA for this rulemaking--a copy of which has been
placed in the docket--for detailed analysis of the costs of various
amendments proposed in this NPRM. We provide below a summary of cost
estimates for several of the larger cost proposals.
    Incorporation by Reference: PHMSA anticipates that the primary cost
of updating references incorporated in the HMR to the most recent
international hazardous material standards will be the purchase of
updated copies to be incorporated by reference. These costs will be
borne by offerors, package manufacturers, and transporters of hazardous
materials if this rulemaking were finalized.
    It is unknown how many individuals and firms involved in shipping
hazardous materials will purchase copies of these international
standards as a result of finalizing this rulemaking. We take a
conservative approach to estimating such a figure by using as a proxy
the number of shippers, carriers, or other offerors or transporters of
hazardous materials in commerce with a PHMSA registration expiring
before 2019. Currently, PHMSA's registration database indicates 38,070
registrants as of March 18, 2016.\14\ Of these, 31,103 (approximately
82 percent) are small businesses as defined by the U.S. Small Business
Administration. Further, 31,765 registrants (approximately 83 percent)
indicated that they offer or transport hazardous materials solely by
highway method.
---------------------------------------------------------------------------

    \14\ See PHMSA Hazardous Materials Registration Program
Registration Data Files, link available at: http://www.phmsa.dot.gov/hazmat/registration, accessed on March 18, 2016.
---------------------------------------------------------------------------

    If we assume (for conservative estimation purposes) that all
registrants will purchase copies of the ICAO and IMDG publications,
this indicates an estimated cost of $19.3 million (rounded, $508.70
cost of ICAO and IMDG publications x 38,070 registrants). However, we
further assume that the two publications included in the $19.3 cost
(ICAO Technical Instructions (for air) and IMDG Code (by vessel)) will
not apply to such registrants who indicated that they offer or
transport in commerce hazardous materials only via highway. Therefore,
costs for the 31,765 highway-only registrants would be zero. To
counterbalance a registrant purchasing more than one copy, we
conservatively assume all other registrants--while acknowledging that,
in fact, some will purchase both standards copies and some will
purchase none--will purchase updated copies of all standards
publications listed here, indicating a rounded cost of $3.2 million
($508.70 x 6,305 registrants [38,070 total registrants - 31,765
highway-only registrants]).
    All of the ISO standards incorporated will not be purchased by the
majority of shippers and carriers and, thus, will likely only impact a
small subset of the regulated community. Further, we assume that many
companies will purchase multiple copies of the ISO codes, rather than
only one copy. Manufacturers of pressure receptacles impacted by the
ISO codes are included in the North American Industry Classification
System (NAICS) 332420 ``Metal Tank (Heavy Gauge) Manufacturing,'' which
includes cylinders, and NAICS 332911 ``Industrial Valve
Manufacturing,'' or more generally in NAICS 332, ``Fabricated Metal
Product Manufacturing.'' Users of pressure receptacles impacted by the
ISO codes are included in NAICS 325120 ``Industrial Gas
Manufacturing,'' or more generally in NAICS 325 ``Chemical
Manufacturing.'' Testers and requalifiers of pressure receptacles are
included in NAICS 541380 ``Testing Laboratories,'' or more generally in
NAICS 541 ``Professional, Scientific, and Technical Services.'' The
more conservative, all-encompassing three-digit NAICS industries are
used to estimate impacted entities, as each entity may purchase more
than one copy of a publication. The PHMSA registration database has 834
registrants in NAICS 332; 3,335 registrants in NAICS 325; and 415
registrants in NAICS 541, for a total of 4,584 impacted registrants. It
costs each impacted registrant $1,853 to purchase the ISO standards, or
$8.5 million total (rounded, 4,584 impacted registrants x $1,853 cost
per registrant).
    It will cost $3.2 million to purchase the ICAO and IMDG
publications and $8.5 million to purchasing the ISO publications,
giving a total one-time cost of $11.7 million. We do not believe we
have sufficient data to estimate the precise number of registrants.
However, we use one copy per impacted registrant as a reasonably
conservative estimate on costs of the proposed rulemaking. It should
also be noted that several of the companies purchasing the
international standards may serve international markets and would have
purchased these publications even in the absence of this rulemaking.
Therefore, costs due to this proposed rule are likely lower than these
estimates.
    Lithium Battery Hazard Communication: PHMSA anticipates that
incorporating a new battery label in place of the existing label and
requiring a new lithium battery label in place of the existing label
will be cost neutral. We anticipate that the price of the new label
will be similar to the price of existing labels. The proposed amendment
provides a phase-in period to December 2018, allowing shippers and
carriers of the impacted lithium battery shipments a sufficient
transition period to use the new label.
    PHMSA anticipates that incorporating a new standard lithium battery
mark across all modes will provide consistent hazard communication,
reduce training costs, and facilitate intermodal movements. Expanding
the scope of packages requiring application of the new lithium battery
mark for small shipments of lithium batteries will provide benefits
pertaining to better identification of lithium battery shipments, but
it will likely involve some amount of increased compliance cost. As
with the proposed labeling

revisions, PHMSA would provide a phase-in period to December 2018,
allowing shippers and carriers of the impacted lithium battery
shipments a sufficient transition period to use the new mark.
    PHMSA anticipates that eliminating additional document requirements
for shipments of small lithium batteries will likely provide economic
benefits and cost savings to shippers.
    However, PHMSA anticipates the provision increasing the number of
packages containing lithium batteries installed in equipment that have
to be marked with the lithium battery mark will increase compliance
costs. The proposals in this NPRM would apply the lithium battery mark
to an expanded number of lithium batteries installed in equipment
(LBIIE) packages. Currently packages that contain ``no more than four
lithium cells or two lithium batteries installed in equipment'' are not
subject to marking requirements regardless of how many packages are in
a single shipment. In this NPRM, PHMSA proposes to require each package
that contains lithium batteries installed in equipment to display the
lithium battery marking when there are more than two packages in the
consignment.
    We assume that U.S. manufacturers of certain equipment containing
lithium batteries and wholesalers of LBIIE that supply retailers with
consignments containing more than two packages of LBIIE will be most
impacted by the proposed provision.\15\ We anticipate the provisions of
this proposed change to impact U.S.-based manufacturers, wholesalers,
and certain retailers of lithium batteries and equipment containing
lithium batteries. PHMSA specifically solicits comment on the types and
numbers of entities that are to be impacted by this proposed change.
---------------------------------------------------------------------------

    \15\ We assume that most retailers selling to end users are
likely not impacted, as we assume that they primarily ship single
units of LBIIE for the majority of their consignments, which would
not require marking due to the two or few packages per consignment
exception. However, we solicit comment on whether this assumption is
appropriate and welcome data confirming or refuting this assumption.
---------------------------------------------------------------------------

    The total domestic manufacturer and wholesaler marking costs as
illustrated in the RIA in the docket for this rulemaking approximates
the upper bound annual cost of the provision to be about $4.9 million
($838,456 + $7,665 + $4.0 million).\16\ We anticipate that the cost
will be substantially lower because many domestic manufacturers and
shippers may already label their LBIIE packages with a current lithium
battery label (regardless if required by the HMR); not all of these
shippers would necessarily ship LBIIE with more than two packages per
shipment (for which shipments would be excepted from the lithium
battery marking requirements of this provision); and transitioning to
the new lithium battery mark may have minimal impact.
---------------------------------------------------------------------------

    \16\ Because of the 2-year transition period, these costs would
not be encountered until the third year after finalizing the rule.
---------------------------------------------------------------------------

Net Benefit
    Based on the discussions of benefits and costs provided above,
PHMSA estimates the net benefit associated with the rulemaking to be
$63.2 million-69 million in the first year after publication and $70
million-75.8 million in the second year after publication. Please see
the complete RIA for a more detailed analysis of the costs and benefits
of this proposed rule.

C. Executive Order 13132

    This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism''). It preempts State, local, and Indian tribe
requirements but does not propose any regulation that has substantial
direct effects on the States, the relationship between the national
government and the States, or the distribution of power and
responsibilities among the various levels of government. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
    The Federal hazmat law, 49 U.S.C. 5101-5128, contains an express
preemption provision (49 U.S.C. 5125(b)) that preempts State, local,
and Indian tribe requirements on certain covered subjects, as follows:
    (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 preempts State, local, and Indian tribe
requirements not meeting the ``substantively the same'' standard. This
proposed rule is necessary to incorporate changes adopted in
international standards, effective January 1, 2017. If the proposed
changes are not adopted in the HMR, U.S. companies--including numerous
small entities competing in foreign markets--would be at an economic
disadvantage because of their need to comply with a dual system of
regulations. The changes in this proposed rulemaking are intended to
avoid this result. Federal hazmat law provides at 49 U.S.C. 5125(b)(2)
that, if DOT issues a regulation concerning any of the covered
subjects, DOT must determine and publish in the Federal Register the
effective date of Federal preemption. The effective date may not be
earlier than the 90th day following the date of issuance of the final
rule and not later than two years after the date of issuance. PHMSA
proposes the effective date of Federal preemption be 90 days from
publication of a final rule in this matter.

D. Executive Order 13175

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

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This
proposed rule facilitates the transportation of hazardous materials in
international commerce by providing consistency with international
standards. 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 previously discussed under ``Executive Order 12866,'' the
majority of amendments in this proposed rule should result in cost
savings and ease the regulatory compliance burden for shippers engaged
in domestic and international commerce, including trans-border
shipments within North America.

    Many companies will realize economic benefits as a result of these
amendments. Additionally, the changes effected by this NPRM will
relieve U.S. companies, including small entities competing in foreign
markets, from the burden of complying with a dual system of
regulations. Therefore, we certify that these amendments will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
    This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    PHMSA currently has approved information collections under Office
of Management and Budget (OMB) Control Number 2137-0557, ``Approvals
for Hazardous Materials,'' and OMB Control Number 2137-0034,
``Hazardous Materials Shipping Papers & Emergency Response
Information.'' We anticipate that this proposed rule will result in an
increase in the annual burden for OMB Control Number 2137-0034 due to
an increase in the number of applications for modifications to existing
holders of DOT-issued RINs. In this NPRM, PHMSA proposes to amend Sec.
107.805(f)(2) to allow RIN holders to submit an application containing
all the required information prescribed in Sec.  107.705(a);
identifying the TC, CTC, CRC, or BTC specification cylinder(s) or
tube(s) to be inspected; certifying the requalifier will operate in
compliance with the applicable TDG Regulations; and certifying the
persons performing requalification have been trained and have the
information contained in the TDG Regulations. This application would be
in addition to any existing application and burden encountered during
the initial RIN application.
    We anticipate this proposed rule will result in a decrease in the
annual burden and costs of OMB Control Number 2137-0034. This burden
and cost decrease is primarily attributable to the proposed removal of
the alternative document currently required for lithium cells or
batteries offered in accordance with Sec.  173.185(c). Additional
increased burdens and costs to OMB Control Number 2137-0034 in this
proposed rule are attributable to a new proposed indication on shipping
papers that a shipment of prototype or low production run lithium
batteries or cells is in accordance with Sec.  173.185(e)(7) and the
proposed addition of new marine pollutant entries.
    This rulemaking identifies revised information collection requests
that PHMSA will submit to OMB for approval based on the requirements in
this NPRM. PHMSA has developed burden estimates to reflect changes in
this NPRM and estimates the information collection and recordkeeping
burdens in this rule are as follows:
OMB Control Number 2137-0557
    Annual Increase in Number of Respondents: 3,600.
    Annual Increase in Annual Number of Responses: 3,600.
    Annual Increase in Annual Burden Hours: 1,800.
    Annual Increase in Annual Burden Costs: $63,000.
OMB Control Number 2137-0034
    Annual Decrease in Number of Respondents: 972,551.
    Annual Decrease in Annual Number of Responses: 9,765,507.
    Annual Decrease in Annual Burden Hours: 27,161.
    Annual Decrease in Annual Burden Costs: $950,635.
    Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d) of 5 CFR
requires that PHMSA provide interested members of the public and
affected agencies an opportunity to comment on information and
recordkeeping requests. PHMSA specifically solicits comment on the
information collection and recordkeeping burdens associated with
developing, implementing, and maintaining these proposed requirements.
Address written comments to the Dockets Unit as identified in the
ADDRESSES section of this rulemaking. We must receive comments
regarding information collection burdens prior to the close of the
comment period as identified in the DATES section of this rulemaking.
In addition, you may submit comments specifically related to the
information collection burden to the PHMSA Desk Officer, Office of
Management and Budget, at fax number<PHONE_NUMBER>. Requests for a copy
of this information collection should be directed to Steven Andrews or
T. Glenn Foster, Standards and Rulemaking Division (PHH-10), Pipeline
and Hazardous Materials Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001. If these proposed requirements are
adopted in a final rule, PHMSA will submit the revised information
collection and recordkeeping requirements to OMB for approval.

G. Regulation Identifier Number (RIN)

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

H. Unfunded Mandates Reform Act of 1995

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

I. Environmental Assessment

    The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375,
requires that Federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
that implement NEPA (40 CFR parts 1500 through 1508) require Federal
agencies to conduct an environmental review considering (1) the need
for the proposed action, (2) alternatives to the proposed action, (3)
probable environmental impacts of the proposed action and alternatives,
and (4) the agencies and persons consulted during the consideration
process.
1. Purpose and Need
    This NPRM would amend the Hazardous Materials Regulations (HMR; 49
CFR parts 171 through 180) to maintain consistency with international
standards by incorporating the 19th Revised Edition of the UN
Recommendations on the Transport of Dangerous Goods--Model Regulations,
Amendment 38-16 to the IMDG Code, the 2017-2018 ICAO Technical
Instructions, and Canada's newest amendments to TDG Regulations.
    This action is necessary to incorporate changes adopted in the IMDG
Code, the ICAO Technical Instructions, and the UN Model Regulations,
effective January 1, 2017. If the changes in this proposed rule are not
adopted in the HMR by this effective date, U.S. companies--including
numerous small entities

competing in foreign markets--would be at an economic disadvantage
because of their need to comply with a dual system of regulations. The
changes in this proposed rulemaking are intended to avoid this result.
    The intended effect of this action is to harmonize the HMR with
international transport standards and requirements to the extent
practicable in accordance with Federal hazmat law (see 49 U.S.C. 5120).
When considering the adoption of international standards under the HMR,
PHMSA reviews and evaluates each amendment on its own merit, on its
overall impact on transportation safety, and on the economic
implications associated with its adoption. Our goal is to harmonize
internationally without diminishing the level of safety currently
provided by the HMR or imposing undue burdens on the regulated public.
PHMSA has provided a brief summary of each revision, the justification
for the revision, and a preliminary estimate of economic impact.
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 new provisions would be added.
However, efficiencies gained through harmonization in updates to
transport standards, lists of regulated substances, definitions,
packagings, stowage requirements/codes, flexibilities allowed, enhanced
markings, segregation requirements, etc., would not be realized.
Foregone efficiencies in the No Action Alternative include freeing up
limited resources to concentrate on vessel transport hazard
communication (hazcom) issues of potentially much greater environmental
impact. Adopting the No Action Alternative would result in a lost
opportunity for reducing environmental and safety-related incidents.
    Greenhouse gas emissions would remain the same under the No Action
Alternative.
Preferred Alternative
    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 addressed in the preamble
and regulatory text sections of this NPRM. However, they generally
include:
    (1) Updates to references to various international hazardous
materials transport standards;
    (2) Amendments to the Hazardous Materials Table to include four new
Division 4.1 entries for polymerizing substances and to add into the
HMR defining criteria, authorized packagings, and safety requirements;
    (3) Amendments to add, revise, or remove certain proper shipping
names, packing groups, special provisions, packaging authorizations,
bulk packaging requirements, and vessel stowage requirements;
    (4) Changes to add the following substances to the list of marine
pollutants in appendix B to Sec.  172.101: Hexanes; Hypochlorite
solutions; Isoprene, stabilized; N-Methylaniline; Methylcyclohexane;
and Tripropylene;
    (5) Changes throughout the part 173 packaging requirements to
authorize more flexibility when choosing packages for hazardous
materials;
    (6) Various amendments to packaging requirements for the vessel
transportation of water-reactive substances;
    (7) Revisions to hazard communication requirements for shipments of
lithium batteries consistent with changes adopted in the 19th Revised
Edition of the UN Model Regulations; and
    (8) Amendments to the HMR resulting from coordination with Canada
under the U.S.-Canada Regulatory Cooperation Council (RCC).
3. Probable Environmental Impact of the Alternatives
No Action Alternative
    If PHMSA were to select the No Action Alternative, current
regulations would remain in place and no new provisions would be added.
However, efficiencies gained through harmonization in updates to
transport standards, lists of regulated substances, definitions,
packagings, stowage requirements/codes, flexibilities allowed, enhanced
markings, segregation requirements, etc., would not be realized.
Foregone efficiencies in the No Action Alternative include freeing up
limited resources to concentrate on vessel transport hazcom issues of
potentially much greater environmental impact.
    Additionally, the Preferred Alternative encompasses enhanced and
clarified regulatory requirements, which would result in increased
compliance and a decreased number of environmental and safety
incidents. Not adopting the proposed environmental and safety
requirements in the NPRM under the No Action Alternative would result
in a lost opportunity for reducing environmental and safety-related
incidents.
    Greenhouse gas emissions would remain the same under the No Action
Alternative.
Preferred Alternative
    If PHMSA selects the provisions as proposed in this NPRM, safety
and environmental risks would be reduced and that protections to human
health and environmental resources would be increased. Potential
environmental impacts of each proposed amendment in the preferred
alternative are discussed as follows:
    1. Incorporation by Reference: PHMSA proposes to update references
to various international hazardous materials transport standards
including the 2017-2018 ICAO Technical Instructions; Amendment 38-16 to
the IMDG Code; the 19th Revised Edition of the UN Model Regulations;
the 6th Revised Edition of the UN Manual of Tests and Criteria; and the
latest amendments to the Canadian TDG Regulations. Additionally, we
propose to add one new reference to standards and update eight other
references to standards applicable to the manufacture use and
requalification of pressure vessels published by the International
Organization for Standardization.
    This proposed amendment, which will increase standardization and
consistency of regulations, will result in greater protection of human
health and the environment. Consistency between U.S. and international
regulations enhances the safety and environmental protection of
international hazardous materials transportation through better
understanding of the regulations, an increased level of industry
compliance, the smooth flow of hazardous materials from their points of
origin to their points of destination, and consistent emergency
response in the event of a hazardous materials incident. The HMR
authorize shipments prepared in accordance with the ICAO Technical
Instructions and by motor vehicle either before or after being
transported by aircraft. Similarly, the HMR authorize shipments
prepared in accordance with the IMDG Code if all or part of the
transportation is by vessel. The authorizations to use the ICAO
Technical Instructions and the IMDG Code are subject to certain
conditions and limitations outlined in part 171 subpart C.
    Harmonization will result in more targeted and effective training
and

thereby enhanced environmental protection. This proposed amendment will
eliminate inconsistent hazardous materials regulations, which hamper
compliance training efforts. For ease of compliance with appropriate
regulations, air and vessel carriers engaged in the transportation of
hazardous materials generally elect to comply with the ICAO Technical
Instructions and IMDG Code as appropriate. Consistency between these
international regulations and the HMR allows shippers and carriers to
train their hazmat employees in a single set of requirements for
classification, packaging, hazard communication, handling, stowage,
etc., thereby minimizing the possibility of improperly preparing and
transporting a shipment of hazardous materials because of differences
between domestic and international regulations.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    2. Consistent with amendments adopted into the UN Model
Regulations, PHMSA proposes to revise the Hazardous Materials Table in
Sec.  172.101 to include four new Division 4.1 entries for polymerizing
substances. Additionally, we propose to add into the HMR defining
criteria, authorized packagings, and safety requirements including, but
not limited to, stabilization methods and operational controls.
    This proposed amendment, which will increase standardization and
consistency of regulations, will result in greater protection of human
health and the environment. Consistency between U.S. and international
regulations enhances the safety and environmental protection of
international hazardous materials transportation through better
understanding of the regulations, an increased level of industry
compliance, the smooth flow of hazardous materials from their points of
origin to their points of destination, and consistent emergency
response in the event of a hazardous materials incident. New and
revised entries to the HMT reflect emerging technologies and a need to
better describe or differentiate between existing entries. These
proposed changes mirror changes in the Dangerous Goods List of the 19th
Revised Edition of the UN Model Regulations, the 2017-2018 ICAO
Technical Instructions, and the Amendment 38-16 to the IMDG Code. It is
extremely important for the domestic HMR to mirror these international
standards regarding the entries in the HMT to allow for consistent
naming conventions across modes and international borders.
    Harmonization will result in more targeted and effective training
and thereby enhanced environmental protection. This proposed amendment
will eliminate inconsistent hazardous materials regulations, which
hamper compliance training efforts. For ease of compliance with
appropriate regulations, international carriers engaged in the
transportation of hazardous materials by vessel generally elect to
comply with the IMDG Code. Consistency between these international
regulations and the HMR allows shippers and carriers to train their
hazmat employees in a single set of requirements for classification,
packaging, hazard communication, handling, stowage, etc., thereby
minimizing the possibility of improperly preparing and transporting a
shipment of hazardous materials because of differences between domestic
and international regulations.
    Inclusion of entries in the HMT reflects a degree of danger
associated with a particular material and identifies appropriate
packaging. This proposed change provides a level of consistency for all
articles specifically listed in the HMT, without diminishing
environmental protection and safety.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    3. PHMSA proposes amendments to the HMT to add, revise, or remove
certain proper shipping names, packing groups, special provisions,
packaging authorizations, bulk packaging requirements, and vessel
stowage requirements. Amendments to HMT proper shipping names include:
Assigning the existing ``Engines, internal combustion'' entries to
their own new UN numbers and provisions; amending existing ``Uranium
Hexafluoride'' entries to include a new Division 6.1 subsidiary hazard
class designation; adding a new entry for ``Polyester resin kit, solid
base material; and adding a Division 1.4C new entry for ``Rocket
motors.'' Additionally, we also propose to add and revise special
provisions, large packaging authorizations, and intermediate bulk
container (IBC) authorizations consistent with the UN Model Regulations
to provide a wider range of packaging options to shippers of hazardous
materials.
    This proposed amendment, which will increase standardization and
consistency of regulations, will result in greater protection of human
health and the environment. Consistency between U.S. and international
regulations enhances the safety and environmental protection of
international hazardous materials transportation through better
understanding of the regulations, an increased level of industry
compliance, the smooth flow of hazardous materials from their points of
origin to their points of destination, and consistent emergency
response in the event of a hazardous materials incident. New and
revised entries to the HMT reflect emerging technologies and a need to
better describe or differentiate between existing entries. These
proposed changes mirror changes in the Dangerous Goods List of the 19th
Revised Edition of the UN Model Regulations, the 2017-2018 ICAO
Technical Instructions, and the Amendment 38-16 to the IMDG Code. It is
extremely important for the domestic HMR to mirror these international
standards regarding the entries in the HMT to allow for consistent
naming conventions across modes and international borders.
    Harmonization will result in more targeted and effective training
and thereby enhanced environmental protection. This proposed amendment
will eliminate inconsistent hazardous materials regulations, which
hamper compliance training efforts. For ease of compliance with
appropriate regulations, international carriers engaged in the
transportation of hazardous materials by vessel generally elect to
comply with the IMDG Code. Consistency between these international
regulations and the HMR allows shippers and carriers to train their
hazmat employees in a single set of requirements for classification,
packaging, hazard communication, handling, stowage, etc., thereby
minimizing the possibility of improperly preparing and transporting a
shipment of hazardous materials because of differences between domestic
and international regulations.
    Inclusion of entries in the HMT reflects a degree of danger
associated with a particular material and identifies appropriate
packaging. This proposed change provides a level of consistency for all
articles specifically listed in the HMT, without diminishing
environmental protection and safety.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    4. PHMSA proposes to add the following substances to the list of
marine pollutants in appendix B to Sec.  172.101: Hexanes; Hypochlorite
solutions; Isoprene, stabilized; N-Methylaniline; Methylcyclohexane;
and Tripropylene.
    This proposed amendment, which will increase standardization and

consistency of regulations, will result in greater protection of human
health and the environment. Consistency between U.S. and international
regulations enhances the safety and environmental protection of
international hazardous materials transportation through better
understanding of the regulations, an increased level of industry
compliance, the smooth flow of hazardous materials from their points of
origin to their points of destination, and consistent emergency
response in the event of a hazardous materials incident. These proposed
additions and deletions are based on the criteria contained in the IMDG
Code for substances classified as toxic to the aquatic environment. The
HMR maintain a list as the basis for regulating substances toxic to the
aquatic environment and allow use of the criteria in the IMDG Code if a
listed material does not meet the criteria for a marine pollutant.
PHMSA periodically updates its list based on changes to the IMDG Code
and evaluation of listed materials against the IMDG Code criteria.
Amending the marine pollutant list will facilitate consistent
communication of the presence of marine pollutants and facilitate safe
and efficient transportation without imposing significant burden
associated with characterizing mixtures as marine pollutants.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    5. Consistent with amendments adopted into the UN Model
Regulations, PHMSA proposes to adopt changes throughout the part 173
packaging requirements to authorize more flexibility when choosing
packages for hazardous materials. These changes include design,
construction, and performance testing criteria of composite reinforced
tubes between 450 L and 3,000 L water capacity.
    These proposed amendments permit additional flexibility for
authorized packages without compromising environmental protection or
safety. Manufacturing and performance standards for gas pressure
receptacles strengthen the packaging without being overly prescriptive.
Increased flexibility will also add to environmental protection by
increasing the ease of regulatory compliance.
    Harmonization will result in more targeted and effective training
and thereby enhanced environmental protection. This proposed amendment
will eliminate inconsistent hazardous materials regulations, which
hamper compliance training efforts. Consistency between these
international regulations and the HMR allows shippers and carriers to
train their hazmat employees in a single set of requirements for
classification, packaging, hazard communication, handling, stowage,
etc., thereby minimizing the possibility of improperly preparing and
transporting a shipment of hazardous materials because of differences
between domestic and international regulations.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    6. PHMSA proposes various amendments to packaging requirements for
the vessel transportation of water-reactive substances. The amendments
include changes to the packaging requirements to require certain
commodities to have hermetically sealed packaging and to require other
commodities--when packed in flexible, fiberboard, or wooden
packagings--to have sift-proof and water-resistant packaging or
packaging fitted with a sift-proof and water-resistant liner.
    The proposed amendment will reduce the risk of fire on board cargo
vessels carrying hazardous materials that can react dangerously with
the ship's available water and carbon dioxide fire extinguishing
systems. PHMSA proposes to amend the packaging requirements for vessel
transportation of hazardous materials that react with water or moisture
to generate excessive heat or release toxic or flammable gases. Common
causes for water entering into the container are: Water entering
through ventilation or structural flaws in the container; water
entering into the containers placed on deck or in the hold in heavy
seas; and water entering into the cargo space upon a ship collision or
leak. If water has already entered the container, the packaging is the
only protection from the fire. In this NPRM, PHMSA proposes to
strengthen the ability of these packages transporting water-reactive
substances. This proposed amendment will allow for a net increase in
environmental protection and safety by keeping reactive substances in
their packages, thus preventing release and damage to human health and
the natural environment.
    Harmonization will result in more targeted and effective training
and thereby enhanced environmental protection. This proposed amendment
will eliminate inconsistent hazardous materials regulations, which
hamper compliance training efforts. For ease of compliance with
appropriate regulations, international carriers engaged in the
transportation of hazardous materials by vessel generally elect to
comply with the IMDG Code. Consistency between these international
regulations and the HMR allows shippers and carriers to train their
hazmat employees in a single set of requirements for classification,
packaging, hazard communication, handling, stowage, etc., thereby
minimizing the possibility of improperly preparing and transporting a
shipment of hazardous materials because of differences between domestic
and international regulations.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    7. PHMSA proposes to revise hazard communication requirements for
shipments of lithium batteries. Specifically, PHMSA proposes to adopt a
new lithium battery label in place of the existing Class 9 label; to
amend the existing marking requirements for small lithium battery
shipments in Sec.  173.185(c) to incorporate a new standard lithium
battery mark for use across all modes; to delete the documentation
requirement in Sec.  173.185(c) for shipments of small lithium cells
and batteries; and to amend the exception for small lithium cells and
batteries requiring the lithium battery mark from the current
applicability of ``no more than four lithium cells or two lithium
batteries installed in the equipment'' to ``no more than four lithium
cells or two lithium batteries installed in equipment, where there are
not more than two packages in the consignment.''
    This proposed amendment, which will provide for enhanced hazard
communication, will result in greater protection of human health and
the environment by increasing awareness and preparedness.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    8. PHMSA proposes several amendments to the HMR resulting from
coordination with Canada under the U.S.-Canada Regulatory Cooperation
Council (RCC). We are proposing provisions for recognition of Transport
Canada (TC) cylinders, equivalency certificates, and inspection and
repair of cargo tanks.
    This proposed amendment, which will increase standardization and
consistency of regulations, will result in greater protection of human
health and the environment. Consistency between U.S. and international
regulations enhances the safety and environmental protection of
international hazardous materials transportation through better
understanding of the regulations, an increased level of industry
compliance, the smooth flow of hazardous materials from their points of
origin to their

points of destination, and consistent emergency response in the event
of a hazardous materials incident. The proposed additions intend to
provide reciprocal treatment of DOT Special Permits and TC equivalency
certificates, DOT cylinders and TC cylinders, and cargo tank repair
capabilities in both countries. Amending the HMR will facilitate
consistent communication for substances transported by cylinders and
cargo tanks, thus decreasing not only incident response time, but the
number and severity of environmental and safety incidents.
    The proposed action is consistent with concurrent actions by
Transport Canada to amend the TDG Regulations.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
4. Agencies Consulted
    This NPRM represents PHMSA's first action in the U.S. for this
program area. PHMSA has coordinated with the U.S. Federal Aviation
Administration, the Federal Motor Carrier Safety Administration, the
Federal Railroad Administration, and the U.S. Coast Guard, in the
development of this proposed rule. PHMSA will consider the views
expressed in comments to the NPRM submitted by members of the public,
state and local governments, and industry.
5. Conclusion
    The provisions of this proposed rule build on current regulatory
requirements to enhance the transportation safety and security of
shipments of hazardous materials transported by highway, rail,
aircraft, and vessel, thereby reducing the risks of an accidental or
intentional release of hazardous materials and consequent environmental
damage. PHMSA concludes that the net environmental impact will be
positive and that there are no significant environmental impacts
associated with this proposed rule.
    PHMSA welcomes any views, data, or information related to
environmental impacts that may result if the proposed requirements are
adopted, as well as possible alternatives and their environmental
impacts.

J. Privacy Act

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

K. Executive Order 13609 and International Trade Analysis

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

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 NPRM
involves multiple voluntary consensus standards which are discussed at
length in the ``Section-by-Section Review'' for Sec.  171.7.

List of Subjects

49 CFR Part 107

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

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 175

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

49 CFR Part 176

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

49 CFR Part 178

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

49 CFR Part 180

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

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

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section