[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Proposed Rules]
[Pages 60970-61070]
[FR Doc No: 2018-24620]

Vol. 83

Tuesday,

No. 228

November 27, 2018

Part II

Department of Transportation

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Pipeline and Hazardous Materials Safety Administration

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49 CFR Parts 171, 172, 173, et al.

Hazardous Materials: Harmonization With International Standards;
Proposed Rule

Federal Register / Vol. 83 , No. 228 / Tuesday, November 27, 2018 /
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

[Docket No. PHMSA-2017-0108 (HM-215O)]
RIN 2137-AF32

Hazardous Materials: Harmonization With International Standards

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

ACTION: Notice of proposed rulemaking (NPRM).

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

DATES: Comments must be received by January 28, 2019.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of
Transportation, Docket Operations, M-30, Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2017-
0108 (HM-215O)] or RIN 2137-AF32 for this rulemaking at the beginning
of your comment. Note that all comments received will be posted without
change to http://www.regulations.gov including any personal information
provided. If sent by mail, comments must be submitted in duplicate.
Persons wishing to receive confirmation of receipt of their comments
must include a self-addressed stamped postcard.
    Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477), or you
may visit http://www.regulations.gov.
    Docket: You may view the public docket through the internet at
http://www.regulations.gov or in person at the Docket Operations office
at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Steven Webb, International Program or
Aaron Wiener, International Program, telephone<PHONE_NUMBER>, Pipeline
and Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor,
Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR part 51
IV. Harmonization Proposals in This NPRM
V. Amendments Not Being Considered for Adoption in This NPRM
VI. Section-by-Section Review
VII. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Order 12866, Executive Order 13563, and DOT
Regulatory Policies and Procedures
    C. Executive Order 13771
    D. Executive Order 13132
    E. Executive Order 13175
    F. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
    G. Paperwork Reduction Act
    H. Regulation Identifier Number (RIN)
    I. Unfunded Mandates Reform Act of 1995
    J. Environment Assessment
    K. Privacy Act
    L. Executive Order 13609 and International Trade Analysis
    M. National Technology Transfer and Advancement Act
List of Subjects

I. Executive Summary

    The Pipeline and Hazardous Materials Safety Administration (PHMSA)
proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR
parts 171 to 180) to maintain alignment with international regulations
and standards by incorporating various amendments, including changes to
proper shipping names, hazard classes, packing groups, special
provisions, packaging authorizations, air transport quantity
limitations, and vessel stowage requirements. This rulemaking project
is part of our ongoing biennial process to harmonize the HMR with
international regulations and standards.
    In this NPRM, PHMSA proposes to amend the HMR to maintain alignment
with various international standards. The following are some of the
more noteworthy proposals set forth in this NPRM:
     Incorporation by Reference: PHMSA proposes to incorporate
by reference the newest versions of various international hazardous
materials (hazmat) standards, including: The 2019-2020 Edition of the
International Civil Aviation Organization Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions); Amendment 39-18 to the International Maritime Dangerous
Goods Code (IMDG Code); the 20th Revised Edition of the United Nations
Recommendations on the Transport of Dangerous Goods (UN Model
Regulations); Amendment 1 to the 6th Revised Edition of the UN Manual
of Tests and Criteria; and the 7th Revised Edition of the Globally
Harmonized System of Classification and Labelling of Chemicals (GHS).
Additionally, we propose to update our incorporation by reference of
the Transport Canada TDG Regulations to include: SOR/2016-95 published
June 1, 2016; SOR/2017-137 published July 12, 2017; and SOR/2017-253
published December 13, 2017. Finally, in this NPRM, PHMSA proposes the
adoption of updated International Organization for Standardization
(ISO) standards.
     Hazardous Materials Table: PHMSA proposes amendments to
the Hazardous Materials Table (HMT; Sec.  172.101) consistent with
recent changes in the Dangerous Goods List of the 20th Revised Edition
of the UN Model Regulations, the IMDG Code, and the ICAO Technical
Instructions. Specifically, we propose amendments to the HMT to add,
revise, or remove certain proper shipping names, hazard

classes, packing groups, special provisions, packaging authorizations,
bulk packaging requirements, and passenger and cargo aircraft maximum
quantity limits.
     Articles containing dangerous goods: PHMSA proposes to add
a classification system for articles containing hazardous materials
that do not already have a proper shipping name. This proposal would
address situations in which hazardous materials or hazardous materials
residues are present in articles, and authorize a safe method to
transport articles that may be too large to fit into typical packages.
Absent these provisions to package and transport these materials
safely, these articles may be offered for transport under provisions
that do not adequately account for the physical and chemical properties
of the substances and may require the issuance of an approval by
PHMSA's Associate Administrator for Hazardous Materials Safety.
     Lithium Battery Test Summary: PHMSA proposes the inclusion
of a lithium battery test summary requirement. The HMR require lithium
battery manufacturers to subject their batteries to appropriate UN
design tests to ensure they are classified correctly for transport, and
develop records of successful test completion. The proposed test
summary would include a standardized set of elements that provide
traceability and accountability, thereby ensuring that lithium cell and
battery designs offered for transport meet the appropriate UN tests.
     Baggage Equipped with Lithium Batteries: PHMSA proposes to
amend the aircraft passenger provisions for carriage of baggage
equipped with lithium batteries intended to power features such as
location tracking, battery charging, digital weighing, or motors
(sometimes referred to as ``smart luggage''). Specifically, baggage
equipped with a lithium battery or batteries would be required to be
carried in the cabin of the aircraft unless the battery or batteries
are removed.
     Segregation of Lithium Batteries from Specific Hazardous
Materials: PHMSA proposes requirements to segregate lithium cells and
batteries from certain other hazardous materials, notably flammable
liquids, when offered for transport or transported on aircraft. PHMSA
is taking this action to promote consistency with the ICAO Technical
Instructions and a recommendation (A-16-001) from the National
Transportation Safety Board (NTSB) stemming from the investigation of
the July 28, 2011, in-flight fire and crash of Asiana Airlines Flight
991 incident that resulted in the loss of the aircraft and crew. The
investigation report cited as a contributing factor the flammable
materials and lithium ion batteries that were loaded together either in
the same or adjacent pallets.
     Alternative criteria for classification of corrosive
materials: PHMSA proposes to include non-testing alternatives for
classifying corrosive mixtures that uses existing data on their
chemical properties. Currently the HMR require offerors to classify
Class 8 corrosive material and assign a packing group based on test
data. The HMR authorize a skin corrosion test and various in vitro test
methods that do not involve animal testing. However, data obtained from
testing is currently the only data acceptable for classification and
assigning a packing group. These alternatives would afford offerors the
ability to make a classification and packing group assignment without
the need to conduct physical tests.
     Provisions for Polymerizing Substances: PHMSA is proposing
to extend the sunset dates for provisions concerning the transportation
of polymerizing substances from January 2, 2019 to January 2, 2021.
This additional time will allow PHMSA to finalize research and analyze
comments and data concerning the issue submitted to the docket for this
NPRM. This information will allow us to have a more comprehensive
understanding of polymerizing substances and further consider the most
appropriate transport provisions for these materials.
    If adopted in a final rule, the amendments proposed in this NPRM
will result in minimal burdens on the regulated community. The benefits
achieved from their adoption include enhanced transportation safety
resulting from the consistency of domestic and international hazard
communication and continued access to foreign markets by U.S.
manufacturers of hazardous materials. PHMSA anticipates that most of
the amendments in this NPRM will result in cost savings and will ease
the regulatory compliance burden for shippers engaged in domestic and
international commerce, including trans-border shipments within North
America.
    PHMSA solicits comment from the regulated community on these
amendments and others proposed in this NPRM pertaining to: Need,
benefits, and costs of international harmonization; impact on safety;
and any other relevant concerns. In addition, PHMSA solicits comment
regarding approaches to reducing the costs of this rule while
maintaining or increasing the benefits. In its preliminary analysis,
PHMSA concluded that the aggregate benefits of the amendments proposed
in this NPRM justify their aggregate costs. Nonetheless, PHMSA solicits
comment on specific changes (i.e., greater flexibility with regard to a
particular amendment) that might improve the rule.

II. Background

    Federal law and policy strongly favor the harmonization of domestic
and international standards for hazardous materials transportation. The
Federal hazardous materials law (49 U.S.C. 5101 et seq.) directs PHMSA
to participate in relevant international standard-setting bodies and
requires alignment of the HMR with international transport standards to
the extent practicable. Although Federal hazmat law permits PHMSA to
depart from international standards to promote safety or other
overriding public interest, it otherwise encourages domestic and
international harmonization (see 49 U.S.C. 5120).
    In a final rule published December 21, 1990 (Docket HM-181; 55 FR
52402), PHMSA's predecessor--the Research and Special Programs
Administration (RSPA)--comprehensively revised the HMR for
international harmonization with the UN Model Regulations. The UN Model
Regulations constitute a set of recommendations issued by the United
Nations Sub-Committee of Experts (UNSCOE) on the Transport of Dangerous
Goods and the United Nations Sub-Committee of Experts on the Globally
Harmonized System of Classification and Labelling of Chemicals (GHS).
The UN Model Regulations are amended and updated biennially by the
UNSCOE and serve as the basis for national, regional, and international
modal regulations, including the IMDG Code and the ICAO Technical
Instructions.
    Since publication of the 1990 rule, PHMSA has issued 12 subsequent
international harmonization rulemakings.\1\ These rulemakings were
based on biennial updates of the UN Model Regulations, the IMDG Code,
and the ICAO Technical Instructions.
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    \1\ HM-215A [59 FR 67390]; HM-215B [62 FR 24690]; HM-215C [64 FR
10742]; HM-215D [66 FR 33316]; HM-215E [68 FR 44992]; HM-215G [69 FR
76044]; HM-215I [71 FR 78595]; HM-215J [74 FR 2200]; HM-215K [76 FR
3308]; HM-215L [78 FR 987]; HM-215M [80 FR 1075]; and HM-215N [82 FR
15796].
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    Harmonization becomes increasingly important as the volume of
hazardous materials transported in international commerce grows.
Harmonization not only facilitates international trade by minimizing
the costs and other burdens of complying with multiple or inconsistent
safety requirements for

transportation of hazardous materials, but it also enhances safety when
the international standards provide an appropriate level of protection.
PHMSA actively participates in the development of international
standards for the transportation of hazardous materials and promotes
the adoption of standards consistent with the HMR. When considering
alignment of the HMR with international standards, PHMSA reviews and
evaluates each amendment on its own merit, its overall impact on
transportation safety, and the economic implications associated with
its adoption. Our goal is to harmonize with international standards
without diminishing the level of safety currently provided by the HMR
or imposing undue burdens on the regulated community.
    Based on recent review and evaluation, PHMSA proposes to revise the
HMR to incorporate changes from the 20th Revised Edition of the UN
Model Regulations, Amendment 39-18 to the IMDG Code,\2\ and the 2019-
2020 Edition of the ICAO Technical Instructions, all of which become
effective January 1, 2019.
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    \2\ Amendment 39-18 to the IMDG Code may be voluntarily applied
on January 1, 2019; however, the previous amendment remains
effective through December 31, 2019.
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    In addition, PHMSA proposes to incorporate by reference the newest
editions of various international standards. The standards incorporated
by reference are authorized for use, under specific circumstances, in
part 171 subpart C of the HMR. This proposed rule is necessary to
incorporate revisions to the international standards and, if adopted in
the HMR, will be effective January 1, 2019.
    PHMSA published a final rule under Docket HM-215N [82 FR 15796
(March 30, 2017)] that, among other things, added four new Division 4.1
entries for polymerizing substances to the HMT, and added into the HMR
defining criteria, authorized packagings, and safety requirements
including, but not limited to, stabilization methods and operational
controls. In this prior rulemaking, PHMSA indicated that these changes
would be in effect until January 2, 2019. During the interim time
period between publication of the final rule and January 2, 2019, PHMSA
indicated it would review and research the implications of the
polymerizing substance amendments, and readdress the issue in the next
international harmonization rulemaking.
    On January 19, 2017, a Broad Agency Announcement (BAA) \3\ was
issued soliciting white papers from those interested in undertaking
research into the appropriate temperature controls for polymerizing
substances across all package sizes and the impact of gas generation
from a polymerizing reaction. Submissions were received and reviewed by
a team of experts to verify, in accordance with the terms of the BAA,
the technical appropriateness of the proposed work, and the past
performance of the submitter. Recommendations were submitted to the
PHMSA Research and Development staff on February 14th, 2018. The
Research and Development staff is undertaking the necessary next steps
to initiate the research. By way of this rulemaking, PHMSA also
solicits comments and data from shippers and classifiers of
polymerizing substances concerning their experiences operating under
the transport provisions applied to polymerizing substances in the HM-
215N final rule. Specifically, PHMSA seeks information regarding:
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    \3\ Broad Agency Announcement (BAA) for innovative research and
development projects, January 19, 2017. https://www.fbo.gov/spg/DOT/PHMSA/PHMSAHQ/DTPH5617PHMSABAA/listing.html.
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     Whether affected entities have experienced difficulties
resulting from differing domestic and international requirements for
polymerizing substances (e.g., differing temperature thresholds before
temperature control is required in portable tanks and requirements for
successfully passing Test Series E prior to offering for transport in a
portable tank or IBC);
     The experiences of the regulated community in utilizing
Test Series E with polymerizing substances; and
     Whether there are alternative tests that can indicate
appropriate responses when potentially polymerizing substances are
heated under confinement.
    As this research project is presently in the pre-award phase
prescribed in the BAA and will not be completed prior to the expected
publication date of a final rule for this NPRM, PHMSA is proposing to
extend the sunset dates for provisions concerning the transportation of
polymerizing substances from January 2, 2019 to January 2, 2021. This
additional time should allow PHMSA to complete its ongoing research
project and analyze all comments and data concerning the issue
submitted to the docket for this NPRM. This information will increase
our comprehension of polymerizing substances and further consider the
most appropriate transport provisions for these materials. This new
sunset date is proposed in amendments to Sec. Sec.  172.101, 172.102,
173.21, and 173.124.

III. Incorporation by Reference Discussion Under 1 CFR Part 51

    The UN Model Regulations, Manual of Tests and Criteria, and
Globally Harmonized System of Classification and Labelling of
Chemicals, as well as all of the Transport Canada Clear Language
Amendments, are free and easily accessible to the public on the
internet, with access provided through the parent organization
websites. The ICAO Technical Instructions, IMDG Code, and all ISO
references are available for interested parties to purchase in either
print or electronic versions through the parent organization websites.
The price charged for those not freely available helps to cover the
cost of developing, maintaining, hosting, and accessing these
standards. The specific standards are discussed in greater detail in
the following analysis.

IV. Harmonization Proposals in This NPRM

    In addition to various other revisions to the HMR, PHMSA proposes
the following amendments to harmonize the HMR with the most recent
revisions to the UN Model Regulations, ICAO Technical Instructions, and
IMDG Code, as well as several amendments to further align with the
Transport Canada TDG Regulations:
     Incorporation by Reference: PHMSA proposes to incorporate
by reference the newest versions of various international hazardous
materials standards, including the 2019-2020 Edition of the ICAO
Technical Instructions; Amendment 39-18 to the IMDG Code; the 20th
Revised Edition of the UN Model Regulations; amendment 1 to the 6th
Revised Edition of the UN Manual of Tests and Criteria; and the 7th
Revised Edition of the GHS. Additionally, we propose to update our
incorporation by reference of the Transport Canada TDG Regulations to
include SOR/2016-95 published June 1, 2016; SOR/2017-137 published July
12, 2017; and SOR/2017-253 published December 13, 2017. Finally, in
this NPRM, PHMSA proposes the adoption of updated ISO standards.
     Hazardous Materials Table: PHMSA proposes amendments to
the HMT to add, revise, or remove certain proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
bulk packaging requirements, vessel stowage and segregation
requirements, and

passenger and cargo aircraft maximum quantity limits.
     Articles containing dangerous goods: PHMSA proposes to add
a classification scheme for articles containing hazardous materials
that do not already have a proper shipping name. This proposal would
address situations in which hazardous materials or hazardous materials
residues are present in articles. This proposal would authorize a safe
method to transport articles that may be too large to fit into typical
packages. Absent these provisions to package and transport these
materials safely, these articles may be offered for transport under
provisions that do not adequately account for the physical and chemical
properties of the substances and may require the issuance of an
approval by PHMSA's Associate Administrator for Hazardous Materials
Safety.
     Lithium Battery Test Summary: PHMSA proposes the inclusion
of a lithium battery test summary requirement. The HMR require lithium
battery manufacturers to subject their batteries to appropriate UN
design tests to ensure they are classified correctly for transport, and
develop records of successful test completion. The proposed test
summary would include a standardized set of elements that provide
traceability and accountability, thereby ensuring that lithium cell and
battery designs offered for transport meet the appropriate UN tests.
     Baggage Equipped with Lithium Batteries: PHMSA proposes to
amend the aircraft passenger provisions for carriage of baggage
equipped with lithium batteries intended to power features such as
location tracking, battery charging, digital weighing, or motors
(sometimes referred to as ``smart luggage''). Specifically, baggage
equipped with a lithium battery or batteries would be required to be
carried in the cabin of the aircraft unless the battery or batteries
are removed.
     Segregation of Lithium Batteries from Specific Hazardous
Materials: PHMSA proposes requirements to segregate lithium cells and
batteries from certain other hazardous materials, notably flammable
liquids, when offered for transport or transported on aircraft. PHMSA
is taking this action to promote consistency with the ICAO Technical
Instructions and a recommendation (A-16-001) from the National
Transportation Safety Board (NTSB) stemming from the investigation of
the July 28, 2011, in-flight fire and crash of Asiana Airlines Flight
991 that resulted in the loss of the aircraft and crew. The
investigation report cited as a contributing factor the flammable
materials and lithium ion batteries that were loaded together either in
the same or adjacent pallets.
     Alternative criteria for classification of corrosive
materials: PHMSA proposes to include non-testing alternatives for
classifying corrosive mixtures that instead uses existing data on the
chemical properties. Currently the HMR require offerors to classify
Class 8 corrosive material and assign a packing group based on test
data. The HMR authorize a skin corrosion test and various in vitro test
methods that do not involve animal testing. However, data obtained from
testing is currently the only data acceptable for classification and
assigning a packing group. These alternatives would afford offerors the
ability to make a classification and packing group assignment without
the need to conduct physical tests.

V. Amendments Not Being Considered for Adoption in This NPRM

    PHMSA's goal in this rulemaking is to harmonize the HMR with
international requirements. We are not striving to make the HMR
identical to the international regulations, but rather to remove or
avoid potential barriers to international transportation.
    PHMSA proposes changes to the HMR based on amendments adopted in
the 20th Revised Edition of the UN Model Regulations, the 2019-2020
Edition of the ICAO Technical Instructions, and Amendment 39-18 to the
IMDG Code. It is not, however, proposing to adopt all of the amendments
made to the various international standards into the HMR.
    In many cases, amendments to the international recommendations and
regulations are not adopted into the HMR because the framework or
structure of the HMR makes adoption unnecessary. In other cases, we
have addressed, or will address, the amendments in separate rulemaking
proceedings.
    The following is a list of significant amendments to the
international standards that PHMSA is not currently proposing:
     Fuel gas containment systems: The 20th Revised Edition to
the UN Model Regulations added a special provision to allow for the
transportation of fuel gas containment systems containing certain gases
transported for disposal, recycling, repair, inspection, maintenance,
or from where they are manufactured to a vehicle assembly plant. PHMSA
does not believe the vehicle specification pressure vessels that are
incorporated and authorized by the UN Model Regulations apply to
domestic transportation as most fuel gas containment standards
addressed are more appropriate for European road and rail regulations.
PHMSA invites comment on this amendment in the UN Model Regulations and
whether it would benefit industry to include a similar amendment in the
HMR.
     Severely damaged and defective lithium batteries: The 20th
Revised Edition of the UN Model Regulations adopted transportation
provisions for damaged and defective cells and batteries of UN Nos.
3090, 3091, 3480 and 3481 liable to rapidly disassemble, dangerously
react, or produce a flame, a dangerous evolution of heat, or a
dangerous emission of toxic, corrosive, or flammable gases or vapors
under normal conditions of transport. In this NPRM, PHMSA is not
proposing to adopt changes to the domestic requirements for the
treatment of these lithium batteries, as it believes existing packaging
and hazard communication requirements in Sec.  173.185(f) sufficiently
address consignments of this nature.
     Road gas elements vehicles: Amendment 39-18 of the IMDG
Code adopted provisions for road gas elements vehicles. These vehicles
contain elements (e.g. cylinders, tubes, bundles of cylinders, pressure
drums, or tanks) intended for the carriage of gases with a capacity of
more than 450 L permanently fitted to a vehicle and fitted with
necessary service equipment. PHMSA believes the HMR provisions
authorizing the transportation of Multi-Element Gas Containers (MEGCs)
and tube trailers adequately address the transportation of gases in a
similar manner.
     Competency-based training: PHMSA is seeking public
comments on a Competency Based Training approach in this NPRM. The
2017-2018 ICAO Technical Instructions included proposed revisions to
their training provisions in Attachment 4,\4\ noting that these
provisions would replace the current Part 1; Chapter 4 in the 2019-2020
edition. The provisions presented at the ICAO DGP, and included in the
2017-2018 ICAO Technical Instructions, on utilizing a competency based
training approach for dangerous goods have yet to be finalized and
adopted. We welcome discussions on improving the quality of employee
training and assessment within the scope of the existing training
regime. The training provisions as they are currently stated in the HMR
are not prescriptive and permit a wide latitude in implementation.
Thus, employers can tailor employee training program in a manner that
best addresses the job functions performed. Through this flexibility
employers can utilize various training methods, including the

Competency Based Training approach. To aid the public in developing
comments, three documents from ICAO DGP and UNSCOE containing
information pertaining to Competency Based Training have been provided
in the public docket for this rulemaking.
    Any comments received may be utilized to better inform PHMSA's work
in various international forums. Below are some thought starters for
consideration for your comments:
     If you currently follow a Competency Based Training
approach to meet the requirements in Part 172, Subpart H:
    [cir] Do you have suggestions or lessons learned that you would
like to share?
    [cir] What information or tools did/do you consider most helpful in
implementing a Competency Based Training approach?
    [cir] Have you reviewed the ICAO guidance provided in the Docket?
If so, did you find the guidance helpful?
     If you do not follow a Competency Based Training approach
to meet the requirements in Part 172, Subpart H:
    [cir] Have you reviewed the ICAO guidance provided in the Docket?
If so, did you find the guidance helpful?
    [cir] Are you aware of any barriers to implementing a Competency
Based Training approach?

VI. Section-by-Section Review

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

Part 171

Section 171.7
    Section 171.7 provides a listing of all voluntary consensus
standards incorporated by reference into the HMR, as directed by the
``National Technology Transfer and Advancement Act of 1996.'' According
to the Office of Management and Budget (OMB), Circular A-119, ``Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities,'' government
agencies must use voluntary consensus standards wherever practical in
the development of regulations. Agency adoption of industry standards
promotes productivity and efficiency in government and industry,
expands opportunities for international trade, conserves resources,
improves health and safety, and protects the environment.
    PHMSA actively participates in the development and updating of
consensus standards through representation on more than 20 consensus
standard bodies and regularly reviews updated consensus standards to
consider their merit for inclusion in the HMR. For this rulemaking,
PHMSA evaluated updated international consensus standards pertaining to
proper shipping names, hazard classes, packing groups, special
provisions, packaging authorizations, air transport quantity
limitations, and vessel stowage requirements. It determined that the
revised standards provide an enhanced level of safety without imposing
significant compliance burdens. These standards have well-established
and documented safety histories, and their adoption will maintain the
high safety standard currently achieved under the HMR. Therefore, in
this NPRM, PHMSA proposes to add and revise the following incorporation
by reference materials:
     Paragraph (s)(2) would be added, to incorporate the
International Atomic Energy Agency Code of Conduct on the Safety and
Security of Radioactive Sources. Section 172.800 references the
incorporation by reference of this document; however, this entry does
not currently appear in Sec.  171.7. The proposed addition of this
paragraph would correct this oversight. The incorporation of this
document in Sec.  172.800 provides a list of Category 1 and 2
radioactive sources for which offerors or carriers require a security
plan.
     Paragraph (t)(1), which incorporates the International
Civil Aviation Organization Technical Instructions for the Safe
Transport of Dangerous Goods by Air (ICAO Technical Instructions),
2015-2016 Edition, would be revised to incorporate the 2019-2020
Edition. These instructions contain the detailed instructions for the
international transport of hazardous materials by air.
     Paragraph (v)(2), which incorporates the International
Maritime Organization International Maritime Dangerous Goods Code (IMDG
Code), Incorporating Amendment 38-16 (English Edition), would be
revised to incorporate the 39-18 (English Edition), 2018 Edition. This
code contains the detailed instructions for the international transport
of hazardous materials by vessel.
     Paragraph (w), which incorporates various International
Organization for Standardization entries, would be revised to
incorporate by reference standards for the specification, design,
construction, testing, and use of gas cylinders:

--ISO 11118(E), Gas cylinders--Non-refillable metallic gas cylinders--
Specification and test methods would be replaced by ISO 11118:2015(E),
Gas cylinders--Non-refillable metallic gas cylinders--Specification and
test methods in paragraph (w)(53). The purpose of this standard is to
provide a specification for the design, manufacture, inspection, and
testing of non-refillable metallic gas cylinders for worldwide safe
use, handling, and transport.
--ISO 11120(E), Gas cylinders--Refillable seamless steel tubes of water
capacity between 150 L and 3000 L--Design, construction and testing,
First edition, March 1999 would be replaced by ISO 11120:2015(E), Gas
cylinders--Refillable seamless steel tubes of water capacity between
150 L and 3,000 L--Design, construction and testing in paragraph
(w)(62). This standard provides a specification for the design,
manufacture, inspection and testing of tubes at the time of manufacture
for worldwide usage.
--ISO/TR 11364:2012(E), Gas cylinders--Compilation of national and
international valve system/gas cylinder neck threads and their
identification and marking system would be added in paragraph (w)(77).
The purpose of this standard is to list all known cylinder/valve
threads currently used and also threads used in the past and to specify
a harmonized identification code and marking system for both cylinders
and valves.
--ISO 11623(E), Transportable gas cylinders--Periodic inspection and
testing of composite gas cylinders, First edition, March 2002 would be
replaced by ISO 11623:2015(E), Transportable gas cylinders--Periodic
inspection and testing of composite gas cylinders in paragraph (w)(66).
This standard specifies the requirements for periodic inspection and
testing and to verify the integrity for further service of hoop-wrapped
and fully-wrapped composite transportable gas cylinders, with aluminum-
alloy, steel or non-metallic liners or of linerless construction (Types
2, 3, 4, and 5), intended for compressed, liquefied or dissolved gases
under pressure, of water capacity from .5 L up to 450 L.
--ISO 14246:2014(E), Gas cylinders--Cylinder valves--Manufacturing
tests and examination would be added in paragraph (w)(69). This
standard covers the function of a cylinder valve as a closure (defined
by the UN Model Regulations).
--ISO 16148:2016(E), Gas cylinders--Refillable seamless steel gas
cylinders and tubes--Acoustic emission examination (AT) and follow-up
ultrasonic examination (UT) for

periodic inspection and testing in paragraph (w)(71). This
International Standard describes two methods of AT, defined as Method A
and Method B, and a method of follow-up UT. These non-destructive
examination techniques are an alternative to conventional testing
procedures for cylinders and tubes.
--ISO 17871:2015(E) Gas cylinders--Quick-release cylinder valves--
Specification and type testing in paragraph would be added to (w)(72).
This standard covers the function of a quick-release cylinder valve as
a closure (defined by the UN Model Regulations).
--ISO 21172-1:2015(E), Gas cylinders--Welded steel pressure drums up to
3,000 litres capacity for the transport of gases--Design and
construction--Part 1: Capacities up to 1,000 litres would be added in
paragraph (w)(75). is to provide a specification for the design,
manufacture, inspection, and approval of welded steel gas pressure
drums.
--ISO 22434:2006(E), Transportable gas cylinders--Inspection and
maintenance of cylinder valves would be added in paragraph (w)(76).
This International Standard specifies the requirements for the
inspection and maintenance of cylinder valves, including valves with
integrated pressure regulators.
     Paragraphs (aa)(1)-(4), which updates 4 existing
Organization for Economic Cooperation and Development (OECD) guidelines
concerning corrosivity testing (Nos. 404, 430, 431, & 435). The
references to these standards would be updated to the 2015 versions of
the standards.
     Paragraph (bb)(1), which incorporates the Transport Canada
Transportation of Dangerous Goods Regulations, would add subparagraphs
(xx), (xxi), and (xxii), to include SOR/2016-95 published June 1, 2016;
SOR/2017-137 published July 12, 2017; and SOR/2017-253 published
December 13, 2017, respectively. These proposed additions are to
incorporate changes to the Transport Canada Transportation of Dangerous
Goods Regulations.
     Paragraph (bb)(2) would be added to incorporate by
reference Containers for Transport of Dangerous Goods by Rail, a
Transport Canada standard that was published in 2013. The standard
applies to the design, manufacture, maintenance and qualification of
tank cars and ton containers and the selection and use of large
containers or transport units used in the handling, offering for
transport, or transporting of dangerous goods by rail.
     Paragraph (dd)(1), which incorporates the United Nations
Recommendations on the Transport of Dangerous Goods--Model Regulations,
19th Revised Edition (2015), Volumes I and II, would be revised to
incorporate the 20th Revised Edition (2017), Volumes I and II. This
standard presents a basic scheme of provisions that allow uniform
development of national and international regulations governing the
various modes of transport.
     Paragraph (dd)(2)(ii) would be added to incorporate the
United Nations Recommendations on the Transport of Dangerous Goods,
Manual of Tests and Criteria, 6th Revised Edition, Amendment 1. This
standard contains criteria, test methods, and procedures to be used for
the classification of hazardous materials according to the UN Model
Regulations.
     Paragraph (dd)(3), which incorporates the United Nations
Recommendations on the Transport of Dangerous Goods, Globally
Harmonized System of Classification and Labelling of Chemicals Sixth
revised edition (2015), would be revised to incorporate the United
Nations Recommendations on the Transport of Dangerous Goods, Globally
Harmonized System of Classification and Labelling of Chemicals (GHS),
7th Revised Edition (2017). This standard helps identify the intrinsic
hazards found in substances and mixtures and to convey hazard
information about these hazards.
Section 171.8
    Section 171.8 defines terms generally used throughout the HMR that
have broad or multi-modal applicability. In this NPRM, PHMSA is
proposing to amend the definition of ``UN pressure receptacle'' to
include pressure drums. Additionally, PHMSA proposes to add a
definition for ``UN Pressure drum'' to mean a welded transportable
pressure receptacle of a water capacity exceeding 150 L and not more
than 1,000 L (e.g., cylindrical receptacles equipped with rolling
hoops, spheres on skids). These amendments provide defining terms
related to pressure drums for which ISO 21172-1:2015(E) Gas cylinders--
Welded steel pressure drums up to 3,000 litres capacity for the
transport of gases--Design and construction--Part 1: Capacities up to
1,000 litres is proposed for incorporation in Sec.  178.71.
Section 171.12
    Section 171.12 prescribes requirements for the use of the Transport
Canada TDG Regulations. In a March 30, 2017, final rule [HM-215N; 82 FR
15795], PHMSA amended the HMR to expand recognition of cylinders and
pressure receptacles, cargo tank repair facilities, and certificates of
equivalency in accordance with the TDG Regulations. The goal of these
amendments is to promote flexibility and permit the use of advanced
technology for the requalification and use of pressure receptacles;
doing so will provide for a broader selection of authorized pressure
receptacles, reduce the need for special permits, and to facilitate
cross-border transportation of these cylinders. In this NPRM, PHMSA
proposes to clarify the recognition of certificates of equivalency
issued by Transport Canada. Transport Canada issues equivalency
certificates as both a competent authority approval and for an
alternative means of compliance with TDG Regulations. PHMSA provides
reciprocity for equivalency certificates that are issued by Transport
Canada as an alternative to the TDG Regulations; PHMSA does not provide
recognition to Canada's competent authority approvals. In this NPRM,
PHMSA is proposing to amend paragraph (a)(1) to clarify the extent of
reciprocity regarding certificates of equivalency.
    Additionally, PHMSA is proposing to amend paragraph (a)(3)(v) to
update the standard incorporated by reference to which Canadian rail
cars must conform. The existing reference to the Canadian General
Standards Board standard 43.147 is replaced with Containers for
Transport of Dangerous Goods by Rail (2013).

Part 172

Section 172.101
    Section 172.101 contains the HMT and provides instructions for its
use. In this NPRM, PHMSA is proposing to revise the instructional text
that precedes the HMT for paragraph (e) of this section.
    Paragraph (e) of Sec.  172.101 provides instructions for the use of
column (4) of the HMT. Column (4) lists the identification number
assigned to each proper shipping name. Most identification numbers are
preceded by the letters ``UN'' and are associated with proper shipping
names, which may be used for both domestic and international
transportation. Some proper shipping names are assigned ``NA'' or
``North American'' numbers. As it currently stands, the HMR states that
NA numbers are afforded recognition in both the United States and
Canada. Furthermore, under Sec.  171.12, the HMR treats transporting
hazardous materials to Canada in the same way as domestic
transportation. This is problematic, however, because specific
dangerous goods are classified

differently in the two countries. The Transport Canada Transportation
of Dangerous Goods Regulations limit the use of NA numbers on transport
documents to materials classified as ``Consumer commodity,'' and do not
allow for documentation of other NA numbers. Therefore, in this NPRM,
PHMSA is proposing to revise paragraph (e) to indicate that NA numbers
are only recognized for use in the United States.
Hazardous Materials Table (HMT)
    In this NPRM, PHMSA is proposing to amend the HMT. Readers should
review all changes for a complete understanding of the amendments. For
purposes of the Government Printing Office's typesetting procedures,
proposed changes to the HMT appear under three sections of the Table,
``remove,'' ``add,'' and ``revise.'' Certain entries in the HMT, such
as those with revisions to the proper shipping names, appear as a
``remove'' and ``add.'' Proposed amendments to the HMT include the
following:
New HMT Entries
 UN3537 Articles containing flammable gas, n.o.s.
 UN3538 Articles containing non-flammable, non-toxic gas,
n.o.s.
 UN3539 Articles containing toxic gas, n.o.s.
 UN3540 Articles containing flammable liquid, n.o.s.
 UN3541 Articles containing flammable solid, n.o.s.
 UN3542 Articles containing a substance liable to spontaneous
combustion, n.o.s.
 UN3543 Articles containing a substance which emits flammable
gas in contact with water, n.o.s.
 UN3544 Articles containing oxidizing substance, n.o.s.
 UN3545 Articles containing organic peroxide, n.o.s.
 UN3546 Articles containing toxic substance, n.o.s.
 UN3547 Articles containing corrosive substance, n.o.s.
 UN3548 Articles containing miscellaneous dangerous goods,
n.o.s.

    PHMSA proposes to add a classification scheme for articles
containing hazardous materials not otherwise specified by name in the
HMR that contain hazardous materials of various hazard classes and
divisions. This proposal addresses transportation scenarios where
various hazardous materials or hazardous materials residues are present
in articles above the quantities currently authorized for dangerous
goods in machinery or apparatus. This proposal authorizes safe and
secure methods to transport articles that may be too large to fit into
typical packagings. Absent provisions to package and transport these
materials safely, such articles may be offered for transport under
provisions that do not adequately account for the physical and chemical
properties of the substances or mode of transport and may require the
issuance of an approval by the Associate Administrator for Hazardous
Materials Safety.

 UN3535 Toxic solid, flammable, inorganic, n.o.s.

    Consistent with the 20th Revised Edition of the UN Model
Regulations, this new generic entry addresses toxic solids with a
flammable subsidiary risk in Packing Groups I and II.

 UN3536 Lithium batteries installed in cargo transport unit
lithium ion batteries or lithium metal batteries

    This new HMT entry addresses lithium metal and lithium ion
batteries installed in a cargo transport unit and designed only to
provide power external to the cargo transport unit. The lithium
batteries must meet the requirements of Sec.  173.185 and contain the
necessary systems to prevent overcharge and over discharge between the
batteries. Such units are forbidden for transport on aircraft.
Amendments to Column (2) Hazardous Materials Descriptions and Proper
Shipping Names
    Section 172.101(c) describes column (2) of the HMT and the
requirements for hazardous materials descriptions and proper shipping
names. For the entry ``2-Dimethylaminoethyl acrylate,'' the word
``stabilized'' is added to the end, as the substance has been
determined to polymerize in certain conditions.
Amendments to Column (5) Packing Group
    The HMT entries for articles ``UN3316, Chemical kit'' and ``UN3316,
First aid kit'' are revised to remove packing group II and III
assignments. This revision would revert the entries to a single row
with the packing group column left blank as they existed prior to
adding the packing group II and III assignments in a final rule
published on January 8, 2015 [Docket No. PHMSA-2013-0260 (HM-215M); 80
FR 1075]. This revision would address situations where materials in the
kits are not assigned to a packing group or have packing group I
assigned, as permitted by Sec.  173.161.
Amendments to Column (7) Special Provisions
    Section 172.101(h) describes column (7) of the HMT, which contains
special provisions for each entry in the table. Section 172.102(c)
prescribes the special provisions assigned to specific entries in the
HMT. The particular modifications to the entries in the HMT are
discussed below. See ``Section 172.102 special provisions'' below for a
detailed discussion of the proposed additions, revisions, and deletions
to the special provisions addressed in this NPRM.
     Special provision 325. PHMSA proposes to add special
provision 325 to the following HMT entries:

UN2912 Radioactive material, low specific activity (LSA-I) non fissile
or fissile-excepted
UN2913 Radioactive material, surface contaminated objects (SCO-I or
SCO-II), non-fissile or fissile excepted
UN2915 Radioactive material, Type A package non-special form, non
fissile or fissile-excepted
UN2916 Radioactive material, Type B(U) package non fissile or fissile-
excepted
UN2917 Radioactive material, Type B(M) package non fissile or fissile-
excepted
UN2919 Radioactive material, transported under special arrangement, non
fissile or fissile excepted
UN3321 Radioactive material, low specific activity (LSA-II) non fissile
or fissile-excepted
UN3322 Radioactive material, low specific activity (LSA-III) non
fissile or fissile excepted

     Special provision 347. PHMSA proposes to add special
provision 347 to the following HMT entries:

UN0349 Articles, explosives, n.o.s.
UN0367 Fuzes, detonating
UN0384 Components, explosive train, n.o.s.
UN0481 Substances, explosive, n.o.s.

     Special provision 368. Special provision 368 is added to
the following HMT entry:

UN2908 Radioactive material, excepted package-empty packaging

     Special provision 369. Special provision 369 is revised
for clarity and is applicable to the following HMT entry:

UN3507 Uranium hexafluoride, radioactive material, excepted package,
less than 0.1 kg per package, non-fissile or fissile-excepted

     Special provision 383. Special provision 383 is removed
from the following PG II HMT entries:

UN1133 Adhesives, containing a flammable liquid

UN1263 Paint related material including paint thinning, drying,
removing, or reducing compound
UN1263 Paint including paint, lacquer, enamel, stain, shellac
solutions, varnish, polish, liquid filler and liquid lacquer base
UN1210 Printing ink, flammable or Printing ink related material
(including printing ink thinning or reducing compound), flammable
UN1866 Resin Solution, flammable

     Special provision 387. PHMSA proposes revising special
provision 387 to extend the sunset dates for provisions concerning the
transportation of polymerizing substances from January 2, 2019, to
January 2, 2021.
     Special provision 388. PHMSA proposes to add new special
provision 388 to the following HMT entries:

UN3090 Lithium metal batteries including lithium alloy batteries
UN3091 Lithium metal batteries contained in equipment including lithium
alloy batteries
UN3480 Lithium ion batteries including lithium ion polymer batteries
UN3481 Lithium ion batteries packed with equipment including lithium
ion polymer batteries

     Special provision 389. PHMSA proposes to add new special
provision 389 to the following new HMT entry:

UN3536 Lithium batteries installed in cargo transport unit lithium ion
batteries or lithium metal batteries

     Special provision 391. PHMSA proposes to add new special
provision 391 to the following new HMT entries:

UN3537 Articles containing flammable gas, n.o.s.
UN3538 Articles containing non-flammable, non-toxic gas, n.o.s.
UN3539 Articles containing toxic gas, n.o.s.
UN3540 Articles containing flammable liquid, n.o.s.
UN3541 Articles containing flammable solid, n.o.s.
UN3542 Articles containing a substance liable to spontaneous
combustion, n.o.s.
UN3543 Articles containing a substance which emits flammable gas in
contact with water, n.o.s.
UN3544 Articles containing oxidizing substance, n.o.s.
UN3545 Articles containing organic peroxide, n.o.s.
UN3546 Articles containing toxic substance, n.o.s.
UN3547 Articles containing corrosive substance, n.o.s.
UN3548 Articles containing miscellaneous dangerous goods, n.o.s.

     Special provision 421. PHMSA proposes revising special
provision 421 to extend the sunset dates for provisions concerning the
transportation of polymerizing substances from January 2, 2019 to
January 2, 2021.
     Special provision A56. Special provision A56 is revised
for clarity.
     Special provision A105. PHMSA proposes to revise special
provision A105 assigned to the following HMT entry:

UN3363 Dangerous goods in machinery or Dangerous goods in apparatus

     Special provision B136. PHMSA proposes to add new special
provision B136 to the following HMT entries:

UN1363 Copra
UN1386 Seed cake, containing vegetable oil solvent extractions and
expelled seeds, with not more than 10 percent of oil and when the
amount of moisture is higher than 11 percent, with not more than 20
percent of oil and moisture combined
UN1398 Aluminum silicon powder, uncoated
UN1435 Zinc ashes
UN2071 Ammonium nitrate based fertilizer
UN2216 Fish meal, stabilized or Fish scrap, stabilized
UN2217 Seed cake with not more than 1.5 percent oil and not more than
11 percent moisture
UN2793 Ferrous metal borings or Ferrous metal shavings or Ferrous metal
turnings or Ferrous metal cuttings in a form liable to self-heating

     Portable tank special provisions. PHMSA proposes to revise
portable tank special provision TP10 assigned to the following HMT
entries:

UN1744 Bromine or Bromine solutions

     Special provisions W31 and W32. Special provision W32 is
removed from the following PG I HMT entries (unless otherwise noted in
table 1) and replaced with Special provision W31:

                                 Table 1
------------------------------------------------------------------------
          Proper shipping name                        UN No.
------------------------------------------------------------------------
Calcium phosphide.......................  UN1360
Aluminum phosphide......................  UN1397
Calcium carbide.........................  UN1402
Calcium hydride.........................  UN1404
Cesium or Caesium.......................  UN1407
Metal hydrides, water reactive, n.o.s...  UN1409
Lithium aluminum hydride................  UN1410
Lithium borohydride.....................  UN1413
Lithium hydride.........................  UN1414
Lithium.................................  UN1415
Magnesium, powder or Magnesium alloys,    UN1418
 powder.
Magnesium aluminum phosphide............  UN1419
Rubidium................................  UN1423
Sodium borohydride......................  UN1426
Sodium hydride..........................  UN1427
Sodium..................................  UN1428
Sodium phosphide........................  UN1432
Stannic phosphide.......................  UN1433
Zinc phosphide..........................  UN1714
Potassium borohydride...................  UN1870
Magnesium hydride.......................  UN2010
Magnesium phosphide.....................  UN2011
Potassium phosphide.....................  UN2012
Strontium phosphide.....................  UN2013
Potassium...............................  UN2257
Aluminum hydride........................  UN2463
Lithium nitride.........................  UN2806
Water-reactive solid, n.o.s.............  UN2813 (PG I)
Metallic substance, water-reactive,       UN3208
 n.o.s.
Metallic substance, water-reactive, self- UN3209
 heating, n.o.s.
Alkali metal amalgam, solid.............  UN3401
Alkaline earth metal amalgams, solid....  UN3402
Potassium, metal alloys, solid..........  UN3403
Potassium sodium alloys, solid..........  UN3404
------------------------------------------------------------------------

     Special provision W40. Special provision W40 is removed
from the following HMT entries:

UN1398 Aluminum silicon powder, uncoated
UN1403 Calcium cyanamide with more than 0.1 percent of calcium carbide
Amendments to Column (10) Vessel Stowage Requirements
    Section 172.101(k) explains the purpose of column (10) of the HMT
and prescribes the vessel stowage and segregation requirements for
specific entries. Column (10) is divided into two columns: Column (10A)
[Vessel stowage] specifies the authorized stowage locations on board
cargo and passenger vessels, and column (10B) [Other provisions]
specifies special stowage and segregation provisions. The meaning of
each code in column (10B) is set forth in Sec.  176.84.
    Recent revisions to the stowage categories for Class 1 goods
greatly simplified the stowage categories, but increased the difficulty
in shipping explosives as break bulk cargo. Some shippers have found it
difficult to meet the new stowage categories, particularly stowage
category 04, which requires shipment on deck in a closed cargo
transport unit or under deck in a closed cargo transport unit. Many of
the items contained in these shipments are large and robust articles
and are difficult to pack in a closed cargo transport unit. This has
resulted in unnecessary delays and added expense.
    The following table addresses this issue through modification of
the stowage categories for individual UN numbers for which under deck
stowage

was previously permitted prior to Amendment 36-12 of the IMDG Code.
Table 2 contains the proposed changes listed in numerical order by UN
identification number and additionally lists the proper shipping name,
the current column (10A) entry, and the proposed column (10A) entry.

                                                     Table 2
----------------------------------------------------------------------------------------------------------------
                                                                                Current code    Proposed code
                      Proper shipping name                            UN No.       column  (10a)   column  (10a)
----------------------------------------------------------------------------------------------------------------
Cartridges for weapons, with bursting charge....................            0005              05              03
Cartridges for weapons, with bursting charge....................            0006              04              03
Cartridges for weapons, with bursting charge....................            0007              05              03
Bombs, with bursting charge.....................................            0033              05              03
Bombs, with bursting charge.....................................            0034              04              03
Bombs, with bursting charge.....................................            0035              04              03
Bombs, photo-flash..............................................            0037              05              03
Bombs, photo-flash..............................................            0038              04              03
Boosters, without detonator.....................................            0042              04              03
Bursters, explosive.............................................            0043              04              03
Charges, demolition.............................................            0048              04              03
Charges, depth..................................................            0056              04              03
Charges, shaped, without detonator..............................            0059              04              03
Charges, supplementary explosive................................            0060              04              03
Cord, detonating, flexible......................................            0065              04              03
Fracturing devices, explosive, without detonators for oil wells.            0099              04              03
Cord, detonating or Fuze, detonating metal clad.................            0102              04              03
Jet perforating guns, charged oil well without detonator........            0124              04              03
Mines with bursting charge......................................            0136              05              03
Mines with bursting charge......................................            0137              04              03
Mines with bursting charge......................................            0138              04              03
Projectiles, with bursting charge...............................            0167              05              03
Projectiles, with bursting charge...............................            0168              04              03
Projectiles, with bursting charge...............................            0169              04              03
Rockets, with bursting charge...................................            0180              05              03
Rockets, with bursting charge...................................            0181              04              03
Rockets, with bursting charge...................................            0182              04              03
Rockets, with inert head........................................            0183              04              03
Rocket motors...................................................            0186              04              03
Sounding devices, explosive.....................................            0204              05              03
Warheads, torpedo with bursting charge..........................            0221              04              03
Charges, propelling, for cannon.................................            0242              04              03
Charges, propelling.............................................            0271              04              03
Charges, propelling.............................................            0272              04              03
Cartridges, power device........................................            0275              04              03
Cartridges, oil well............................................            0277              04              03
Charges, propelling, for cannon.................................            0279              04              03
Rocket motors...................................................            0280              04              03
Boosters, without detonator.....................................            0283              04              03
Grenades, hand or rifle, with bursting charge...................            0284              04              03
Grenades, hand or rifle, with bursting charge...................            0285              04              03
Warheads, rocket with bursting charge...........................            0286              04              03
Warheads, rocket with bursting charge...........................            0287              04              03
Cord, detonating or Fuze, detonating metal clad.................            0290              04              03
Bombs, with bursting charge.....................................            0291              05              03
Grenades, hand or rifle, with bursting charge...................            0292              05              03
Grenades, hand or rifle, with bursting charge...................            0293              05              03
Mines with bursting charge......................................            0294              05              03
Rockets, with bursting charge...................................            0295              05              03
Sounding devices, explosive.....................................            0296              05              03
Cartridges for weapons, with bursting charge....................            0321              04              03
Projectiles, with bursting charge...............................            0324              05              03
Cartridges for weapons, blank...................................            0326              04              03
Cartridges for weapons, blank or Cartridges, small arms, blank..            0327              04              03
Cartridges for weapons, inert projectile........................            0328              04              03
Torpedoes with bursting charge..................................            0329              04              03
Torpedoes with bursting charge..................................            0330              05              03
Projectiles, with burster or expelling charge...................            0346              04              03
Cartridges for weapons, with bursting charge....................            0348              05              03
Warheads, rocket with bursting charge...........................            0369              05              03
Warheads, rocket with burster or expelling charge...............            0371              05              03
Sounding devices, explosive.....................................            0374              04              03
Sounding devices, explosive.....................................            0375              04              03
Cartridges, power device........................................            0381              04              03
Fuzes, detonating, with protective features.....................            0408              04              03
Fuzes, detonating, with protective features.....................            0409              04              03

Cartridges for weapons, blank...................................            0413              04              03
Charges, propelling, for cannon.................................            0414              04              03
Charges, propelling.............................................            0415              04              03
Cartridges for weapons, inert projectile or Cartridges, small               0417              04              03
 arms...........................................................
Projectiles, with burster or expelling charge...................            0426              05              03
Projectiles, with burster or expelling charge...................            0427              05              03
Rockets, with expelling charge..................................            0436              04              03
Rockets, with expelling charge..................................            0437              04              03
Charges, shaped, without detonator..............................            0439              04              03
Charges, explosive, commercial without detonator................            0442              04              03
Charges, explosive, commercial without detonator................            0443              04              03
Cases, combustible, empty, without primer.......................            0447              04              03
Torpedoes with bursting charge..................................            0451              04              03
Charges, bursting, plastics bonded..............................            0457              04              03
Charges, bursting, plastics bonded..............................            0458              04              03
Articles, explosive, n.o.s......................................            0462              04              03
Articles, explosive, n.o.s......................................            0463              04              03
Articles, explosive, n.o.s......................................            0464              04              03
Articles, explosive, n.o.s......................................            0465              05              03
Articles, explosive, n.o.s......................................            0466              04              03
Articles, explosive, n.o.s......................................            0467              04              03
Articles, explosive, n.o.s......................................            0468              04              03
Articles, explosive, n.o.s......................................            0469              05              03
Articles, explosive, n.o.s......................................            0470              04              03
Articles, explosive, n.o.s......................................            0472              05              03
Rockets, with inert head........................................            0502              04              03
----------------------------------------------------------------------------------------------------------------

    Consistent with changes to Amendment 39-18 of the IMDG Code, PHMSA
proposes numerous changes to the special stowage and segregation
provisions [Other provisions] indicated in column (10B) of the HMT.
    Amendment 39-18 of the IMDG Code amended multiple entries to ensure
proper segregation between acids and both amines and cyanides. Amines
react dangerously with acids, evolving heat, and the heat of reaction
has the potential to generate corrosive vapors. Cyanides react with
acids to generate toxic vapors. However, current vessel segregation
requirements are inconsistent. Therefore, PHMSA proposes to apply
stowage codes 52, 53, and 58--which require stowage ``separated from
acids,'' ``separated from alkaline compounds'', and ``separated from
cyanides,'' respectively--to column 10B of the HMT, as shown in Table
3, below.
    Consistent with changes adopted in Amendment 39-18 of the IMDG
Code, PHMSA proposes to add existing stowage codes 12 and 25 to entries
in the HMT. Vessel stowage code 12 requires keeping the cargo as cool
as reasonably practicable. Vessel stowage code 25 requires protecting
shipments from sources of heat. PHMSA proposes to add codes 12 and 25
to Nitrocellulose with alcohol with not less than 25 percent alcohol by
mass, and with not more than 12.6 percent nitrogen, by dry mass, UN
2556. The addition of these two vessel stowage codes will help ensure
that nitrocellulose is stowed so as to keep it as cool as practicable
during transportation and to avoid possible loss of stabilization
material in packages. Additionally, PHMSA proposes to add stowage code
25 to Dipropylamine, UN 2383 consistent with changes adopted in
Amendment 39-18 of the IMDG Code.
    PHMSA proposes to add vessel stowage codes to multiple HMT entries
for uranium hexafluoride. In a previous final rule [Docket No. PHMSA-
2015-0273 (HM-215N); 82 FR 15796] a subsidiary hazard of 6.1 was added
to the UN 2977 and UN 2978 Uranium hexafluoride entries, and the
primary hazard for UN 3507, Uranium hexafluoride, radioactive material,
excepted package was changed from 8 to 6.1. Consequential amendments to
the stowage and segregation requirements codes for these materials were
not addressed at the time of these changes in the IMDG Code or the HMR.
In this NPRM, PHMSA is proposing to add existing vessel stowage code 74
and new vessel stowage code 151 to UN 2977 and UN 2978. Additionally,
PHMSA proposes to add new vessel stowage code 152 to UN 3507. Stowage
code 74 requires stowage separated from oxidizers. See section by
section discussion on proposed changes to Sec.  176.84 for a
description of stowage code 151 and 152. These proposed amendments are
necessary to ensure appropriate stowage and segregation provisions that
account for the subsidiary and tertiary hazards of these commodities.
    Finally, we propose to add new stowage provision 154 and assign it
to the NA 0123, NA 0494, UN 0494, and UN 0124 jet perforating gun HMT
entries. This proposed new stowage provision indicates that
notwithstanding the stowage category assigned to the entries in the
HMT, jet perforating guns may be stowed in accordance with the
provisions of packing instruction US 1 in Sec.  173.62. See the
discussion on stowage provision 154 in the Sec.  176.84 section by
section portion of this rulemaking.

                                                     Table 3
----------------------------------------------------------------------------------------------------------------
              Proper shipping name                                    UN No.                        Addition(s)
----------------------------------------------------------------------------------------------------------------
Jet perforating guns, charged oil well, with      NA0124                                                     154
 detonator.

Jet perforating guns, charged oil well, without   UN0124                                                     154
 detonator.
Jet perforating guns, charged oil well, with      NA0494                                                     154
 detonator.
Jet perforating guns, charged oil well, without   UN0494                                                     154
 detonator.
Dimethylamine, anhydrous........................  UN1032                                                      52
Ethylamine......................................  UN1036                                                      52
Hydrogen fluoride, anhydrous....................  UN1052                                                  53, 58
Methylamine, anhydrous..........................  UN1061                                                      52
Trimethylamine, anhydrous.......................  UN1083                                                      52
Amylamines......................................  UN1106 PG II & III                                          52
n-Butylamine....................................  UN1125                                                      52
Diethylamine....................................  UN1154                                                      52
Diisopropylamine................................  UN1158                                                      52
Ethyl chloroformate.............................  UN1182                                                  53, 58
Ethyldichlorosilane.............................  UN1183                                                  53, 58
Isobutylamine...................................  UN1214                                                      52
Isopropylamine..................................  UN1221                                                      52
Methyl chloroformate............................  UN1238                                                  53, 58
Methyldichlorosilane............................  UN1242                                                  53, 58
Methyltrichlorosilane...........................  UN1250                                                  53, 58
Propylamine.....................................  UN1277                                                      52
Trichlorosilane.................................  UN1295                                                  53, 58
Trimethylamine, aqueous solutions with not more   UN1297 all PG's                                             52
 than 50 percent trimethylamine by mass.
Trimethylchlorosilane...........................  UN1298                                                  53, 58
Vinyltrichlorosilane............................  UN1305                                                  53, 58
Cacodylic acid..................................  UN1572                                                  53, 58
Dimethyl sulfate................................  UN1595                                                  53, 58
Acetic anhydride................................  UN1715                                                  53, 58
Acetyl bromide..................................  UN1716                                                  53, 58
Acetyl chloride.................................  UN1717                                                  53, 58
Butyl acid phosphate............................  UN1718                                                  53, 58
Allyl chloroformate.............................  UN1722                                                  53, 58
Allyl iodide....................................  UN1723                                                  53, 58
Allyltrichlorosilane, stabilized................  UN1724                                                  53, 58
Aluminum bromide, anhydrous.....................  UN1725                                                  53, 58
Aluminum chloride, anhydrous....................  UN1726                                                  53, 58
Ammonium hydrogendifluoride, solid..............  UN1727                                                  53, 58
Amyltrichlorosilane.............................  UN1728                                                  53, 58
Anisoyl chloride................................  UN1729                                                  53, 58
Antimony pentachloride, liquid..................  UN1730                                                  53, 58
Antimony pentachloride, solutions...............  UN 1731 all PG's                                        53, 58
Antimony pentafluoride..........................  UN1732                                                  53, 58
Antimony trichloride, liquid and solid..........  UN1733                                                  53, 58
Benzoyl chloride................................  UN1736                                                  53, 58
Benzyl bromide..................................  UN1737                                                  53, 58
Benzyl chloride and Benzyl chloride unstabilized  UN1738                                                  53, 58
Benzyl chloroformate............................  UN1739                                                  53, 58
Hydrogendifluoride, solid, n.o.s................  UN1740 all PG's                                         53, 58
Boron trifluoride acetic acid complex, liquid...  UN1742                                                  53, 58
Boron trifluoride propionic acid complex, liquid  UN1743                                                  53, 58
Bromine solutions...............................  UN1744 all entries                                      53, 58
Bromine pentafluoride...........................  UN1745                                                  53, 58
Bromine trifluoride.............................  UN1746                                                  53, 58
Butyltrichlorosilane............................  UN1747                                                  53, 58
Chloroacetic acid, solution.....................  UN1750                                                  53, 58
Chloroacetic acid, solid........................  UN1751                                                  53, 58
Chloroacetyl chloride...........................  UN1752                                                  53, 58
Chlorophenyltrichlorosilane.....................  UN1753                                                  53, 58
Chlorosulfonic acid (with or without sulfur       UN1754                                                  53, 58
 trioxide).
Chromic acid solution...........................  UN1755 all PG's                                         53, 58
Chromic fluoride, solid.........................  UN1756                                                  53, 58
Chromic fluoride, solution......................  UN1757 all PG's                                         53, 58
Chromium oxychloride............................  UN1758                                                  53, 58
Cupriethylenediamine solution...................  UN1761 all PG's                                             52
Cyclohexenyltrichlorosilane.....................  UN1762                                                  53, 58
Cyclohexyltrichlorosilane.......................  UN1763                                                  53, 58
Dichloroacetic acid.............................  UN1764                                                  53, 58
Dichloroacetyl chloride.........................  UN1765                                                  53, 58
Dichlorophenyltrichlorosilane...................  UN1766                                                  53, 58
Diethyldichlorosilane...........................  UN1767                                                  53, 58
Difluorophosphoric acid, anhydrous..............  UN1768                                                  53, 58
Diphenyldichlorosilane..........................  UN1769                                                  53, 58
Diphenylmethyl bromide..........................  UN1770                                                  53, 58

Dodecyltrichlorosilane..........................  UN1771                                                  53, 58
Ferric chloride, anhydrous......................  UN1773                                                  53, 58
Fluoroboric acid................................  UN1775                                                  53, 58
Fluorophosphoric acid anhydrous.................  UN1776                                                  53, 58
Fluorosulfonic acid.............................  UN1777                                                  53, 58
Fluorosilicic acid..............................  UN1778                                                  53, 58
Formic acid with more than 85% acid by mass.....  UN1779                                                  53, 58
Fumaryl chloride................................  UN1780                                                  53, 58
Hexadecyltrichlorosilane........................  UN1781                                                  53, 58
Hexafluorophosphoric acid.......................  UN1782                                                  53, 58
Hexamethylenediamine solution...................  UN1783 all PG's                                             52
Hexyltrichlorosilane............................  UN1784                                                  53, 58
Hydrofluoric acid and Sulfuric acid mixtures....  UN1786                                                  53, 58
Hydrobromic acid, with more than 49 percent       UN1788 all PG's                                         53, 58
 hydrobromic acid.
Hydrochloric acid...............................  UN1789 all PG's                                         53, 58
Hydrofluoric acid...............................  UN1790 all PG's                                         53, 58
Hypochlorite solutions..........................  UN1791 all PG's                                         53, 58
Iodine monochloride, solid......................  UN1792                                                  53, 58
Isopropyl acid phosphate........................  UN1793                                                  53, 58
Lead sulfate with more than 3 percent free acid.  UN1794                                                  53, 58
Nitrating acid mixtures.........................  UN1796 all PG's                                         53, 58
Nitrohydrochloric acid..........................  UN1798                                                  53, 58
Nonyltrichlorosilane............................  UN1799                                                  53, 58
Octadecyltrichlorosilane........................  UN1800                                                  53, 58
Octyltrichlorosilane............................  UN1801                                                  53, 58
Perchloric acid with not more than 50 percent     UN1802                                                  53, 58
 acid by mass.
Phenolsulfonic acid, liquid.....................  UN1803                                                  53, 58
Phenyltrichlorosilane...........................  UN1804                                                  53, 58
Phosphoric acid solution........................  UN1805                                                  53, 58
Phosphorus pentachloride........................  UN1806                                                  53, 58
Phosphorus pentoxide............................  UN1807                                                  53, 58
Phosphorus tribromide...........................  UN1808                                                  53, 58
Phosphorus trichloride..........................  UN1809                                                  53, 58
Phosphorous oxychloride.........................  UN1810                                                  53, 58
Potassium hydrogendifluoride solid..............  UN1811                                                  53, 58
Propionyl chloride..............................  UN1815                                                  53, 58
Propyltrichlorosilane...........................  UN1816                                                  53, 58
Pyrosulfuryl chloride...........................  UN1817                                                  53, 58
Silicon tetrachloride...........................  UN1818                                                  53, 58
Nitrating acid mixtures, spent..................  UN1826 all PG's                                         53, 58
Stannic chloride, anhydrous.....................  UN1827                                                  53, 58
Sulfur chlorides................................  UN1828                                                  53, 58
Sulfur trioxide, stabilized.....................  UN1829                                                  53, 58
Sulfuric acid with more than 51 percent acid....  UN1830                                                  53, 58
Sulfuric acid, fuming with less than 30 percent   UN1831                                                  53, 58
 free sulfur trioxide.
Sulfuric acid, fuming with 30 percent or more     UN1831                                                  53, 58
 free sulfur trioxide.
Sulfuric acid, spent............................  UN1832                                                  53, 58
Sulfurous acid..................................  UN1833                                                  53, 58
Sulfuryl chloride...............................  UN1834                                                  53, 58
Thionyl chloride................................  UN1836                                                  53, 58
Thiophosphoryl chloride.........................  UN1837                                                  53, 58
Titanium tetrachloride..........................  UN1838                                                  53, 58
Trichloroacetic acid............................  UN1839                                                  53, 58
Zinc chloride, solution.........................  UN1840                                                  53, 58
Propionic acid with not less than 10% and less    UN1848                                                  53, 58
 than 90% acid by mass.
Perchloric acid with more than 50 percent but     UN1873                                                  53, 58
 not more than 72 percent acid, by mass.
Acetyl iodide...................................  UN1898                                                  53, 58
Diisooctyl acid phosphate.......................  UN1902                                                  53, 58
Selenic acid....................................  UN1905                                                  53, 58
Sludge, acid....................................  UN1906                                                  53, 58
Bromoacetic acid solution.......................  UN1938 all PG's                                         53, 58
Phosphorus oxybromide...........................  UN1939                                                  53, 58
Thioglycolic acid...............................  UN1940                                                  53, 58
Nitric acid other than red fuming...............  UN2031 all entries                                      53, 58
Nitric acid, red fuming.........................  UN2032                                                  53, 58
2-Dimethylaminoethanol..........................  UN2051                                                      52
Phthalic anhydride with more than .05 percent     UN2214                                                  53, 58
 maleic anhydride.
Maleic anhydride................................  UN2215 all entries                                      53, 58
Acrylic acid, stabilized........................  UN2218                                                  53, 58
Benzotrichloride................................  UN2226                                                  53, 58
Chromosulfuric acid.............................  UN2240                                                  53, 58
Di-n-butylamine.................................  UN2248                                                      52

1,2-Propylenediamine............................  UN2258                                                      52
Tripropylamine..................................  UN2260                                                      52
Dimethylcarbamoyl chloride......................  UN2262                                                  53, 58
N,N-Dimethylcyclohexylamine.....................  UN2264                                                      52
Dimethyl-N-propylamine..........................  UN2266                                                      52
Dimethyl thiophosphoryl chloride................  UN2267                                                  53, 58
3,3'-Iminodipropylamine.........................  UN2269                                                      52
2-Ethylhexylamine...............................  UN2276                                                      52
Hexamethylenediamine, solid.....................  UN2280 all PG's                                             52
Isophoronediamine...............................  UN2289                                                      52
Nitrobenzenesulfonic acid.......................  UN2305                                                  53, 58
Nitrosylsulfuric acid, liquid...................  UN2308                                                  53, 58
Trimethylcyclohexylamine........................  UN2326                                                      52
Trimethylhexamethylenediamines..................  UN2327                                                      52
Zinc chloride, anhydrous........................  UN2331                                                  53, 58
Allylamine......................................  UN2334                                                      52
Butyryl chloride................................  UN2353                                                  53, 58
Cyclohexylamine.................................  UN2357                                                      52
Diallylamine....................................  UN2359                                                      52
Diisobutylamine.................................  UN2361                                                      52
Dipropylamine...................................  UN2383                                                  25, 52
Isobutyryl chloride.............................  UN2395                                                  53, 58
Isopropyl chloroformate.........................  UN2407                                                  53, 58
Dibenzyldichlorosilane..........................  UN2434                                                  53, 58
Ethylphenyldichlorosilane.......................  UN2435                                                  53, 58
Methylphenyldichlorosilane......................  UN2437                                                  53, 58
Trimethylacetyl chloride........................  UN2438                                                  53, 58
Sodium hydrogendifluoride.......................  UN2439                                                  53, 58
Stannic chloride pentahydrate...................  UN2440                                                  53, 58
Trichloroacetyl chloride........................  UN2442                                                  53, 58
Vanadium oxytrichloride.........................  UN2443                                                  53, 58
Vanadium tetrachloride..........................  UN2444                                                  53, 58
Vanadium trichloride............................  UN2475                                                  53, 58
Iodine pentafluoride............................  UN2495                                                  53, 58
Propionic anhydride.............................  UN2496                                                  53, 58
Valeryl chloride................................  UN2502                                                  53, 58
Zirconium tetrachloride.........................  UN2503                                                  53, 58
Ammonium hydrogen sulfate.......................  UN2506                                                  53, 58
Chloroplatinic acid, solid......................  UN2507                                                  53, 58
Molybdenum pentachloride........................  UN2508                                                  53, 58
Potassium hydrogen sulfate......................  UN2509                                                  53, 58
2-Chloropropionic acid..........................  UN2511                                                  53, 58
Bromoacetyl bromide.............................  UN2513                                                      58
Furfurylamine...................................  UN2526                                                      52
Methacrylic acid, stabilized....................  UN2531                                                  53, 58
Nitrocellulose with alcohol with not less than    UN2556                                                  12, 25
 25 percent alcohol by mass, and with not more
 than 12.6 percent nitrogen, by dry mass.
Trichloroacetic acid, solution..................  UN2564 all PG's                                         53, 58
Dicyclohexylamine...............................  UN2565                                                      52
Alkylsulfuric acids.............................  UN2571                                                  53, 58
Phosphorus oxybromide, molten...................  UN2576                                                  53, 58
Phenylacetyl chloride...........................  UN2577                                                  53, 58
Phosphorus trioxide.............................  UN2578                                                  53, 58
Aluminum bromide, solution......................  UN2580                                                  53, 58
Aluminum chloride, solution.....................  UN2581                                                  53, 58
Ferric chloride, solution.......................  UN2582                                                  53, 58
Alkyl sulfonic acids, solid or Aryl sulfonic      UN2583                                                  53, 58
 acids, solid, with more than 5 percent free
 sulfuric acid.
Alkyl sulfonic acids, liquid or Aryl sulfonic     UN2584                                                  53, 58
 acids, liquid with more than 5 percent free
 sulfuric acid.
Alkyl sulfonic acids, solid or Aryl sulfonic      UN2585                                                  53, 58
 acids, solid with not more than 5 percent free
 sulfuric acid.
Alkyl sulfonic acids, liquid or Aryl sulfonic     UN2586                                                  53, 58
 acids, liquid with not more than 5 percent free
 sulfuric acid.
Boron trifluoride diethyl etherate..............  UN2604                                                  53, 58
Triallylamine...................................  UN2610                                                      52
Benzyldimethylamine.............................  UN2619                                                      52
Chloric acid aqueous solution, with not more      UN2626                                                      53
 than 10 percent chloric acid.
Fluoroacetic acid...............................  UN2642                                                  53, 58
Cyanuric chloride...............................  UN2670                                                  53, 58
3-Diethyamino-propylamine.......................  UN2684                                                      52
N,N-Diethylethylenediamine......................  UN2685                                                      52
2-Diethylaminoethanol...........................  UN2686                                                      52
Phosphorus pentabromide.........................  UN2691                                                      58
Boron tribromide................................  UN2692                                                  53, 58
Tetrahydrophthalic anhydrides with more than      UN2698                                                  53, 58
 0.05 percent of maleic anhydride.

Trifluoroacetic acid............................  UN2699                                                  53, 58
Butyric anhydride...............................  UN2739                                                  53, 58
n-Propyl chloroformate..........................  UN2740                                                  53, 58
Chloroformates, toxic, corrosive, flammable,      UN2742                                                  53, 58
 n.o.s.
n-Butyl chloroformate...........................  UN2743                                                  53, 58
Cyclobutyl chloroformate........................  UN2744                                                  53, 58
Chloromethyl chloroformate......................  UN2745                                                  53, 58
Phenyl chloroformate............................  UN2746                                                  53, 58
2-Ethylhexyl chloroformate......................  UN2748                                                  53, 58
Diethylthiophosphoryl chloride..................  UN2751                                                  53, 58
Acetic acid, glacial or Acetic acid solution,     UN2789                                                  53, 58
 with more than 80 percent acid, by mass.
Acetic acid solution............................  UN2790 all entries                                      53, 58
Batteries, wet, filled with acid, electric        UN2794                                                  53, 58
 storage.
Sulfuric acid with not more than 51% acid.......  UN2796                                                  53, 58
Phenyl phosphorus dichloride....................  UN2798                                                  53, 58
Phenyl phosphorus thiodichloride................  UN2799                                                  53, 58
Copper chloride.................................  UN2802                                                  53, 58
N-Aminoethylpiperazine..........................  UN2815                                                      52
Ammonium hydrogendifluoride, solution...........  UN2817 all PG's                                         53, 58
Amyl acid phosphate.............................  UN2819                                                  53, 58
Butyric acid....................................  UN2820                                                  53, 58
Crotonic acid, solid............................  UN2823                                                  53, 58
Ethyl chlorothioformate.........................  UN2826                                                  53, 58
Caproic acid....................................  UN2829                                                  53, 58
Phosphorous acid................................  UN2834                                                  53, 58
Di-n-amylamine..................................  UN2841                                                      52
Boron trifluoride dihydrate.....................  UN2851                                                  53, 58
Hydroxylamine sulfate...........................  UN2865                                              52, 53, 58
Titanium trichloride mixtures...................  UN2869 all PG's                                         53, 58
Selenium oxychloride............................  UN2879                                                  53, 58
N-Methylbutylamine..............................  UN2945                                                      52
Sulfamic acid...................................  UN2967                                                  53, 58
Radioactive material, uranium hexafluoride non    UN2978                                                 74, 151
 fissile or fissile-excepted.
Radioactive material, uranium hexafluoride,       UN2977                                                 74, 151
 fissile.
Chlorosilanes, flammable, corrosive, n.o.s......  UN2985                                                  53, 58
Chlorosilanes, corrosive, flammable, n.o.s......  UN2986                                                  53, 58
Chlorosilanes, corrosive, n.o.s.................  UN2987                                                  53, 58
Chlorosilanes, water-reactive, flammable,         UN2988                                                  53, 58
 corrosive, n.o.s.
2-(2-Aminoethoxy) ethanol.......................  UN3055                                                      52
Methanesulfonyl chloride........................  UN3246                                                  53, 58
Chloroacetic acid, molten.......................  UN3250                                                  53, 58
Corrosive solid, acidic, inorganic, n.o.s.......  UN3260 all PG's                                         53, 58
Corrosive solid, acidic, organic, n.o.s.........  UN3261 all PG's                                         53, 58
Corrosive liquid, acidic, inorganic, n.o.s......  UN3264 all PG's                                         53, 58
Corrosive liquid, acidic, organic, n.o.s........  UN3265 all PG's                                         53, 58
Chloroformates, toxic, corrosive, n.o.s.........  UN3277                                                  53, 58
Chlorosilanes, toxic, corrosive, n.o.s..........  UN3361                                                  53, 58
Chlorosilanes, toxic, corrosive, flammable,       UN3362                                                  53, 58
 n.o.s.
Formic acid.....................................  UN3412 all PG's                                         53, 58
Boron trifluoride acetic acid complex, solid....  UN3419                                                  53, 58
Boron trifluoride propionic acid complex, solid.  UN3420                                                  53, 58
Potassium hydrogendifluoride solution...........  UN3421 all PG's                                         53, 58
Bromoacetic acid, solid.........................  UN3425                                                  53, 58
Phosphoric acid, solid..........................  UN3453                                                  53, 58
Nitrosylsulphuric acid, solid...................  UN3456                                                  53, 58
Propionic acid with not less than 90% acid by     UN3463                                                  53, 58
 mass.
Crotonic acid, liquid...........................  UN3472                                                  53, 58
Iodine monochloride, liquid.....................  UN3498                                                  53, 58
Uranium hexafluoride, radioactive material,       UN3507                                                     152
 excepted package, less than 0.1 kg per package,
 non-fissile or fissile-excepted.
----------------------------------------------------------------------------------------------------------------

Appendix B to Sec.  172.101
    Appendix B to Sec.  172.101 lists marine pollutants regulated under
the HMR. Based on test data submitted to PHMSA, the USCG, and the IMO,
Amendment 39-18 of the IMDG Code was updated to indicate that 1-
dodecene is not a marine pollutant. In this NPRM, PHMSA is proposing to
amend the entry for ``Dodecene'' in the list of marine pollutants in
appendix B to Sec.  172.101 to indicate that 1-dodecene is not a marine
pollutant, and as a result, shipments of 1-dodecene are not subject to
the provisions of the HMR applicable to marine pollutants.
Section 172.102 Special Provisions
    Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain

packaging requirements, prohibitions, and exceptions applicable to
particular quantities or forms of hazardous materials. In this NPRM,
PHMSA proposes the following revisions to Sec.  172.102 special
provisions:
     Special provision 132. This special provision prescribes
conditions for use of description ``UN 2071, Ammonium nitrate based
fertilizer, Class 9.'' As the composition limits and requirement on
self-sustaining decomposition were replaced by a flow chart in sub-
section 39.5 of the new Manual of Tests and Criteria, part III, section
39, the corresponding UN Model Regulations special provision 193 was
revised by removing the specific conditions and making a reference to
the applicable section of the UN Manual of Tests and Criteria.
Consistent with these changes to the UN Model Regulations, in this
NPRM, PHMSA is proposing to revise special provision 132 by removing
the specific conditions applicable to use of this description and
clarifying that UN 2071 may only be used for ammonium nitrate-based
compound fertilizers and that they must be classified in accordance
with the procedure as set out in the Manual of Tests and Criteria, part
III, section 39.
     Special provision 150. This special provision prescribes
conditions for use of description ``UN 2067, Ammonium nitrate based
fertilizer, Division 5.1.'' As the composition limits were replaced by
a flow chart in sub-section 39.5 of the new Manual of Tests and
Criteria, part III, section 39, the corresponding UN Model Regulations
special provision 307 was revised by removing the specific conditions
and making a reference to the applicable section of the UN Manual of
Tests and Criteria. Consistent with these changes to the UN Model
Regulations, in this NPRM, PHMSA is proposing to revise special
provision 150 by removing the specific conditions applicable to use of
this description by clarifying that UN 2067 may only be used for
ammonium nitrate-based fertilizers and that they must be classified in
accordance with the procedure as set out in the Manual of Tests and
Criteria, part III, section 39.
     Special provision 238. Special provision 238 prescribes
requirements for neutron radiation detectors containing boron
trifluoride. In a final rule published under Docket Number PHMSA 2015-
0273 (HM-215N) [82 FR 15795], special provision 238 was revised to
align with special provision 373 of the UN Model Regulations. In
reformatting the special provision for alignment, several of the
preexisting references to paragraphs within the special provision were
not revised accordingly. Specifically, in this NPRM, PHMSA is proposing
to remove the first instance of the text ``a.'' in the introductory
text as it is not necessary and inadvertently results in two paragraphs
with the same letter header. In paragraph e, the references to
preceding paragraphs within the special provision are revised from
a(1), a(2), and a(3) to a, b, and c, respectively.
     Special provision 325. Consistent with a pre-existing
Special provision 325 in the UN Model Regulations, PHMSA proposes to
add new special provision 325 to assist shippers of this material by
clarifying that in the case of non-fissile or fissile-excepted uranium
hexafluoride, the material must be classified as ``UN2978 Radioactive
material, uranium hexafluoride non fissile or fissile-excepted.''. In
this NPRM, PHMSA proposes to assign Special provision 325 to the
following entries to aid shippers:

UN2912 Radioactive material, low specific activity (LSA-I) non fissile
or fissile-excepted
UN2913 Radioactive material, surface contaminated objects (SCO-I or
SCO-II), non-fissile or fissile excepted
UN2915 Radioactive material, Type A package non-special form, non
fissile or fissile-excepted
UN2916 Radioactive material, Type B(U) package non fissile or fissile-
excepted
UN2917 Radioactive material, Type B(M) package non fissile or fissile-
excepted
UN2919 Radioactive material, transported under special arrangement, non
fissile or fissile excepted
UN3321 Radioactive material, low specific activity (LSA-II) non fissile
or fissile-excepted
UN3322 Radioactive material, low specific activity (LSA-III) non
fissile or fissile excepted

     Special provision 347. Special provision 347 restricts the
use of certain HMT entries classed as Division 1.4S explosive materials
to those articles successfully passing Test series 6(d) of Part I of
the UN Manual of Tests and Criteria. A Division 1.4 explosive is
defined as an explosive that presents a minor explosion hazard such
that hazardous effects are confined to a package and no projection of
fragments of appreciable size or range are expected; and that an
external fire must not cause virtually instantaneous explosion of
almost the entire contents of a package containing a Division 1.4
explosive. Explosive articles or substances are assigned to Division
1.4, Compatibility Group S (1.4S) if hazardous effects are confined
within a package or the blast and projection effects do not
significantly hinder emergency response efforts.
    Special provision 347 is presently assigned to eight (8) Division
1.4S entries in the HMT including shaped charges, detonators, power
device cartridges, detonator assemblies, and plastic bonded bursting
charges. Following a review of other Division 1.4S entries, the UN
Working Group on Explosives supported applying Special provision 347 to
entries for articles and substances whose classification as 1.4S that
are generic ``not otherwise specified'' (n.o.s.) and to UN 0367 (Fuzes,
detonating) that are normally package dependent, noting that generic
entries normally warrant more systematic testing. Therefore, in this
NPRM, consistent with the UN Model Regulations, PHMSA proposes to add
special provision 347 to the following entries:
UN0349 Articles, explosives, n.o.s.
UN0367 Fuzes, detonating
UN0384 Components, explosive train, n.o.s.
UN0481 Substances, explosive, n.o.s.

    PHMSA requests comments on whether this proposed provision--to add
special provision 347 to the four entries--is likely to have net
benefits.
     Special provision 368. Special provision 368 prescribes
requirements for non-fissile or fissile-excepted uranium hexafluoride
that must be described as UN3507 or UN2978, as appropriate. Based on an
informal working paper submitted at the 50th session of the UN SCOE on
the Transport of Dangerous Goods that highlighted potential errors in
the 19th revised edition of the Model Regulations, it was agreed that
Special provision 368 should have been assigned to ``UN 2908,
Radioactive material, excepted package--empty packaging'' because empty
uncleaned packagings containing residues of non-fissile or fissile-
excepted uranium hexafluoride should be classified under UN3507 or
UN2978 as appropriate. Therefore, in this NPRM, PHMSA proposes to
assign special provision 368 to the following entry to aid shippers:
UN2908 Radioactive material, excepted package--empty packaging.
     Special provision 369. Special provision 369 prescribes
requirements for UN3507, Uranium hexafluoride, radioactive material,
excepted package, less than 0.1 kg per package, non-fissile or fissile-
excepted. In this NPRM, PHMSA proposes to revise the first sentence of
the special provision for

editorial clarity by replacing the words ``a radioactive material and
corrosive subsidiary risk'' with ``radioactivity and corrosive
subsidiary risks.''
     Special provision 383. PHMSA proposes to remove special
provision 383 which allows certain high viscosity flammable liquids,
when offered for transportation by motor vehicle, to be reassigned to
Packing Group III when packaged in UN metal drums with a capacity not
exceeding 220 L (58 gallons). Proposed amendments to Sec.  173.121 in
this NPRM, if adopted, would provide a larger capacity package,
additional packaging options, and more modes of transport (all modes
except air). PHMSA believes these amendments to Sec.  173.121 provide
more regulatory relief than the existing provisions of special
provision 383, and thus are proposing the deletion of special provision
383 and the removal of the special provision from the HMT for those
entries to which it is assigned.
     Special provision 388. Consistent with the UN Model
Regulations, PHMSA proposes to add new special provision 388, which
prescribes requirements for lithium batteries containing both primary
lithium metal cells and rechargeable lithium ion cells that are not
designed to be externally charged and for which the existing provisions
for lithium batteries do not adequately address. Such batteries must
meet the following conditions: (1) The rechargeable lithium ion cells
can only be charged from the primary lithium metal cells; (2)
Overcharge of the rechargeable lithium ion cells is precluded by
design; (3) The battery has been tested as a primary lithium battery;
and (4) Component cells of the battery must be of a type proved to meet
the respective testing requirements of the UN Manual of Tests and
Criteria, part III, subsection 38.3. Lithium batteries conforming to
special provision 388 must be assigned to UN Nos. 3090 or 3091, as
appropriate. When such batteries are transported in accordance with
Sec.  173.185(c), the total lithium content of all lithium metal cells
contained in the battery must not exceed 1.5 g and the total capacity
of all lithium ion cells contained in the battery must not exceed 10
Wh.
     Special provision 389. In conjunction with the new HMT
entry ``UN3536, Lithium batteries installed in cargo transport unit
lithium ion batteries or lithium metal batteries,'' PHMSA proposes to
add new special provision 389, which prescribes requirements for
lithium ion batteries or lithium metal batteries installed in a cargo
transport unit and designed only to provide power external to the cargo
transport unit. As explained in working paper submitted at the 48\h\
session of the UN SCOE on the Transport of Dangerous Goods: ``These
units generally consist of banks of lithium ion or lithium metal
batteries, electrically connected and with the necessary battery
management systems, which are secured to racks, cabinets, or similar
structures which, in turn, are securely attached to the interior
structure of closed cargo transport units (typically either freight
containers or freight vehicles). Thus, in effect, the closed cargo
transport unit is the casing for a very large lithium battery. These
battery systems are used in a variety of electric grid and similar
applications, such as storage of energy generated by farms of large
wind turbines, and also as a source for emergency power''.
    This proposed special provision which captures many of the safety
elements included in previous approvals issued by PHMSA would specify
that the lithium batteries must meet the requirements of Sec.
173.185(a) and contain the necessary systems to prevent overcharge and
over discharge between the batteries. The batteries inside the cargo
transport unit are not subject to marking or labelling requirements of
part 172 subparts D and E of this subchapter. The cargo transport unit
shall display the UN number in a manner in accordance with Sec.
172.332 of this subchapter and be placarded on two opposing sides.
    The batteries must be securely attached to the interior structure
of the cargo transport unit (e.g., by means of placement in racks,
cabinets, etc.) in such a manner as to prevent short circuits,
accidental operation, and significant movement relative to the cargo
transport unit under the shocks, loadings, and vibrations normally
incidental to transport. Further, hazardous materials necessary for the
safe and proper operation of the cargo transport unit (e.g., fire
extinguishing systems and air conditioning systems), must be properly
secured to or installed in the cargo transport unit and are not
otherwise subject to this subchapter. Lastly, hazardous materials not
necessary for the safe and proper operation of the cargo transport unit
must not be transported within the cargo transport unit.
     Special provision 391. As part of the classification and
packaging framework for ``Articles containing dangerous goods''
proposed in this rulemaking, PHMSA proposes to add new special
provision 391, which prohibits articles containing certain high-hazard
materials of Division 2.3, Division 4.2, Division 4.3, Division 5.1,
Division 5.2, or Division 6.1 (substances with a inhalation toxicity of
Packing Group I) and articles containing more than one of the following
hazards from being offered for transport or transported, except under
conditions approved by the Associate Administrator for Hazardous
Materials Safety: (1) Gases of Class 2; (2) Liquid desensitized
explosives of Class 3; or (3) Self-reactive substances and solid
desensitized explosives of Division 4.1.
     Special provision 422. PHMSA proposes revising special
provision 422 to remove the transition period authorizing lithium
battery Class 9 labels conforming to requirements in place on December
31, 2016 to continue to be used until December 31, 2018.
     Special provision A56. Special provision A56 prescribes
requirements for radioactive materials with subsidiary hazards when
transported by aircraft. In this NPRM, PHMSA proposes to revise special
provision A56 consistent with the revisions made to special provision
A78 in the 2019-2020 ICAO Technical Instructions. Specifically, the
revisions provide guidance for when the subsidiary risk of a
radioactive material is explicitly forbidden for transport on either a
passenger or cargo-only aircraft.
     Special provision A105. PHMSA proposes to revise special
provision A105, which prescribes requirements for the air transport of
machinery or apparatus containing hazardous materials as an integral
element of the machinery or apparatus. Where the quantity of hazardous
materials contained as an integral element in machinery or apparatus
exceeds the limits permitted for air transport in Sec.  173.222, and
the hazardous materials meet the provisions of Sec.  173.222 for other
than air transport, the machinery or apparatus may be transported by
aircraft only with the prior approval of the Associate Administrator
for Hazardous Materials Safety.
     Special provision B136. Consistent with the 20th Revised
Edition of the UN Model Regulations, PHMSA proposes to add new special
provision B136 that authorizes non-specification closed bulk bins for
the following solid substances:

UN1363 Copra
UN1386 Seed cake, containing vegetable oil solvent extractions and
expelled seeds, with not more than 10 percent of oil and when the
amount of moisture is higher than 11 percent, with not more than 20
percent of oil and moisture combined
UN1398 Aluminum silicon powder, uncoated
UN1435 Zinc ashes

UN2071 Ammonium nitrate based fertilizer
UN2216 Fish meal, stabilized or Fish scrap, stabilized
UN2217 Seed cake with not more than 1.5 percent oil and not more than
11 percent moisture
UN2793 Ferrous metal borings or Ferrous metal shavings or Ferrous metal
turnings or Ferrous metal cuttings in a form liable to self-heating

     Portable tank special provisions
    PHMSA proposes to revise Portable Tank Special Provision TP10 to
authorize a three-month extension for the transportation of bromine
portable tanks for the purposes of performing the next required test--
after emptying, but before cleaning.
     Special provisions W31 and W32. Special provision W32
currently requires non-bulk packagings to be hermetically sealed,
except for solid fused material. Amendment 39-18 of the IMDG Code
removed the qualifying text from the equivalent special packaging
provision. Discussions at the International Maritime Organization noted
that when a substance evolves in contact with water flammable gases at
the rate and quantity meeting the classification requirements for a
Division 4.3 material, that there is no safety justification to permit
their transportation in packagings which are not hermetically sealed.
In Amendment 39-18, the text ``except for solid fused material'' was
removed from special packing provision PP31 in packing instruction
P403. PHMSA agrees, and in this NPRM we are proposing deleting special
provision W32 and assigning W31, which requires non-bulk packagings to
be hermetically sealed regardless of the form of the material.
     Special provision W40. Special provision W40 prohibits the
use of non-bulk bags. This requirement typically applies to solid
substances in Packing Group II. Consistent with changes made in
Amendment 39-18 of the IMDG Code, PHMSA is proposing that Special
provision W40 be removed from the following HMT entries:

UN1396/(PG III) Aluminum powder, uncoated
UN1398 Aluminum silicon powder, uncoated
UN1403 Calcium cyanamide with more than 0.1 percent of calcium carbide
UN1405/(PG III) Calcium silicide
U3208/(PG III) Metallic substance, water-reactive, n.o.s.

    Additionally, PPHMSA is proposing to add special provision W40 to
the following HMT entries:

UN1405/(PG II) Calcium silicide
UN3208/(PG II) Metallic substance, water-reactive, n.o.s.
Section 172.203
    Section 172.203 prescribes additional description requirements for
shipping papers. In this NPRM, PHMSA proposes to require, in revised
Sec.  172.203(o), that the words ``TEMPERATURE CONTROLLED'' be added to
the proper shipping name if not already indicated in the HMT, when
appropriate. This proposed amendment would provide notice to those in
the transport chain that a material is being offered under temperature
control. Additionally, PHMSA proposes to add polymerizing substances to
the list of types of materials paragraph (o) additional documentation
requirements apply to.
Section 172.407
    Section 172.407 prescribes specifications for hazard communication
labels. Consistent with changes made in Amendment 39-18 of the IMDG
Code and the 2019-2020 ICAO Technical Instructions, PHMSA is proposing
to amend paragraph (c)(1) to remove the requirement that the width of
the solid line forming the inner border of labels must be at least 2
mm. Additionally, we are proposing to amend the requirement that the
solid line inner border, currently required to be 5 mm inside and
parallel to the edge, to include the word ``approximately'' before 5
mm. These changes provide flexibility for minor labeling variations
that do not have an appreciable impact on transportation safety.
Finally, paragraph (c)(1)(iii) which contains a transitional exception
allowing for labels in conformance with the requirements of 49 CFR
172.407(c)(1) (revised as of October 1, 2014) to continue to be used
until December 31, 2018, is removed and reserved.
Section 172.514
    Section 172.514 prescribes placarding requirements and exceptions
for a bulk packaging containing a hazardous material. The general
placarding requirements prescribe that bulk packagings are to be
placarded on each side and each end. Due to the form and shape (e.g.,
round) of flexible bulk containers it is impractical to require
placards on each side and each end. Consistent with the IMDG Code, in
this NPRM, PHMSA is proposing to allow flexible bulk containers to be
placarded in two opposing positions.
Section 172.604
    Section 172.604 prescribes requirements for emergency response
telephone numbers. Paragraph (d) identifies materials for which an
emergency response telephone number is not required when offered for
transportation. In a March 30, 2017 final rule [HM-215N; 82 FR 15795],
PHMSA harmonized the HMR with international regulations by adopting
separate HMT entries for internal combustion engines based on the fuel,
i.e., engine, internal combustion, flammable liquid powered and engine,
internal combustion, flammable gas powered. Previously, a single HMT
entry covered all engines. At that time, we did not amend Sec.
172.604(d)(2) to ensure that ``engines, internal combustion'' offered
under any of the new proper shipping names would continue to be
excepted from the emergency response telephone requirements of Sec.
172.604. In this NPRM, PHMSA proposes amending paragraph (d)(2) to list
all possible proper shipping names for engines per the original intent.
Section 172.800
    Section 172.800 prescribes the requirements for developing and
implementing plans to address security risks related to the
transportation of hazardous materials in commerce. During review of
existing references that are incorporated by reference in the HMR it
was noted that the IAEA Code of Conduct Category 1 and 2, while
referenced in paragraph (b)(15) was not appropriately incorporated by
reference (see Sec.  171.7). In this NPRM, PHMSA is proposing to
incorporate by reference the IAEA Code of Conduct on the Safety and
Security of Radioactive Sources into paragraph (b)(15). Furthermore, we
are proposing to revise a reference to known radionuclides in forms
listed as RAM-QC by the Nuclear Regulatory Commission, to Nuclear
Regulatory Commission, Category 1 and Category 2 radioactive materials
as listed in Table 1, Appendix A to 10 CFR part 37. Lastly, we are
listing the reference to Highway Route Controlled Quantities separately
in this paragraph. This proposed amendment does not require the
creation and retention of security plans by any new individuals, but
simply incorporates by reference the appropriate IAEA reference and
clarifies the existing requirement.

Part 173